The debates and proceedings in the Congress of the United States : with an appendix containing important state papers and public documents, and all the laws of a public nature ; with a copious index ; compiled from authentic materials

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ANNALS

THE CONGRESS OF THE UNITED STATES.

TENTH CONGRESS.— SECOND SESSION.

Digitized oyGOOgIc

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DEBATES AND PROCEEDINGS

CONGRESS OF THE UNITED STATESj

AN APPENDIX,

IMPORTANT STATE PAPERS AND PUBLIC DOCUMENTS,

THE LAWS OF A PUBLIC NATURE;
WITH A COPIOUS INDEX.

TENTH CONGRESS— SECOND SESSION.

THE PERIOD FROM NOVEMBER 7, 1808. TO M
mCLUBIVE.

COMPILED FROM AUTHENTIC MATEHIAM.

WASHINGTON:

PRINTSD A1ID FUBUSHED BT OALES AND 8SAT0K.
1853.

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'i

L

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PROCEEDINGS AND DEBATES

THE SENATE OP THE UNITED STATES,

AT THE SECOND SBSBION OF THE TENTH C0NGBEB8, BEODN AT THE CITY OP
WASHINGTON, MONDAY, NOVEMBER 7, 1808.

MoKDAT, NoTembet 7, 1808.
CoDroTmablr to the act, passed the last session,
entitled "Ad act to alter the time for the next
roeeiJDK of Congress," the second session of the
tealh CoQgrets commenced this day; and the
Senate assembled at the Citjr of Washingioa,

George Clinton, VieePresideDt of ihe United
Stales aod President of the Senale.

NicBOLAs Oilman and ^{Aiinu Farkbb, from
New Hampshire.

Timothy Pickekino, from Massac hose (is,

Jahes HiLLBOoac aod Cbadhcey Qoodricb,
from Connecticut.

BENiAMiti HowLANoand Elisha Matugwson,
from Rhode Isiaod.

Stepbek R. Bradley aod Johatban Robin-
bo n, from Vermont.

Samuel L. MiTCHiLLaod Jonn Suitb, from
NewYort

JoBK CoNDiT and Aaron Eitcrel, from New
Jersey.

Saucel Maclat, from Pennsylraaia.

Sahdbl Wbite, from Delaware.

V^iLLiAM B. OiLEa, from Virginia.

Jaheb Tdhneb, from North Carolina.

Tbohab Sohter and Jobr OAii.t.AiiD, from
South Carolina.

William H. Crawford, from Georgia.
BooKHEa Thrdston and Jobn Pope, from
Kentucky.

Daniel Smith, from TenoeMee.

Edward Tlfpin, from Ohio.

James Lloyd, Juo., appointed a Senator by the
Legislature of the State of Massachua^is, to sup-
ply the place of John Q,DiNcy Adahb. resigned,
took his seat in the Senate, and produced bis
credentials, which were read, and ine oath pre-
scribed liy law was administered to him.

Ordered, That the Secretary acquaint the
House of Re presents tires that a quorum of the
Senate is assembled and ready to proceed to hu-
ainess; aod that Messrs. Bradley and Pope be
a committee on the part of the Senate, together
with inch committee as may be appointed by the
Houte of RepresentaliYes oit their pait, to wait

on the President of the United Slates and no-
tify him that a quorum of the two Houses i«
assembled.

A message from the IJouse of Representa'
tires informed the Senate that a quorum of the
House i9 assembled and ready to proceed to busi-
ness; and that the House had appointed a com-
mittee on their part, jointlr, with the committee
appointed on the part of the Senate, to wait on
the President of United States and notify him
that a ouorum of the two Houses ia assembled.

Raahed, That each Senator be supplied, dur-
ing the present session, with three such neffspa-
pers, printed in any of the Slates, as he may
choose, prorided that the same he furnished at
the usual rata for the annual charge of such pa-
pers; and, provided, also, that if any Senator
shall choose to lake any newspapers other than
daily papers, he shall be supplied with as many
such papers as shall not exceed the price of three
daily papers.

The Pbcsident communicated a resolution and
memorial of the House of I^preseotatires of the
Mississippi Territory, signed by the Speaker,
praying an extension of the time for payment of
the firsi instalment for the purchase ofJandsgdue
January, 1809 ; also, praying Ihat a bill nndei
, consideration in the House of Representatires at
I [heir last session, for establishing a Federal court
I ia that district, should not pass into a law, for

reasons mentiooed in the memorial ; which was
read and ordered to lie for consideraiion.

Udolved. Thai Jameb Matberb, Sergeant-at-
Arma and Doorkeeper lo the Senate, be, and he
is hereby, authorized lo employ one assistant and
two horses, for the purpose of performing such
services as are usually required by the Door-
keeper lo the Senate; and that the snmof tweoty-
eight dollars be allowed him weekly for that pur-
pose, to commence with, and remain during the
session, and for iweoty days after.

On motion, by Mr. Bhaulev,

Raolved, That two Chaplains, of different da-
oominatioasjbe appointed to Congress daring the
present session, one by each House, who ahall
interchange weekly.

Mr. BRADUiy reported, from the joint commit-

281955

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HISTORY OF CONGRESS.

SlNATB.

Pretideni't Annual Mettage.

4ce. that thef had waited on the Presideoi of the
fjoited Scales, agreeably to order, and that the
President of the United Slates informed the com-
mittee that he would mnke a GonimiinicalioD to
the two Houses at 12 o'clock to-morrow.

Tuesday, Not ember 8.

Samuel Smith and Phiup Reed, from llie
State of Maryland, attended.

The foUowini; Message was reccired from the
Pbebidemt of the United States :
It Senate and Hoi
Repretentaiiva

It would hare been a lource, fellonr-citiiena, of mucb
(ratificAtion, if our lut communicationi from Europe
hid enabled me la inform yea that the belligerent na-
tions, whose dUregard of neutral rlf[hta baa been so
deitructlie to our commerce, had become awakoiiedlii
tfas duCj aud true policj ofreroking their unrigblisoua
cdiEta- That no meuis might be omitted lo produce
this salutary effect, I lost no time in availing myself
of the act authorizmK a Buspeniion, in nhole, i
part, of the several emHrgo laws. Our Miniatei
Londan and Paris were instructed to explain to the
respective Gavernments there, our dispoaltion lo eier-
dsa the authority in such manner as would withdraw
the pretext on which aggressions wore originally found-
ed, and open the way for a renewal of that commer-
(dat intercourse which it wna alleged, on all aides, had
bean reluctantly obstructed. Aa each of those Goi
wnments had pledged its readincsa to umcur in ci
nouncing a measure which reached its ailrersary
through the incontestable rights of neutrals only, and
a* the meaiure had been aaaumed by each as a retalia-
tion for An asserted adjuieiMnco in the aggrossioas of
the other, it was Teaaoriably eipecled tlint the occ
would have been seized by both for evincing the ai
ity of their profeuiaDH, and for restoring to the
meree of the United States its logitimalefreodam. The
injttructioni of our Ministers, with respect to the differ-
ent belligerent!, were necessarily modified with a re-
ference to their different circumstancra, and lo the con-
dition annexed by law^o the Executive power of sua-
penaion requiring a degree ofaecurity to our commerce
which would not coault from a repeal of the decrees of
France. Instead of a pledge therefore of a suspeoaion
of ^e embargo as to her, in case of such a repeal,
it was presnincd tiiat a aulEcient inducement might
Be found in oilier considerations, and particularly in
the change produced by a compliance with our just
demands by one belligerent, and a refusal )iy tbu other,
in the relations between the other and the United
States. To Grrat Britain, whose power on the ocean
is so ascendant, it waa daemcd not inconsistent with
that condition to state, explicitly, on her rescinding her
wders in relation to the United States, Oisir trade
would bo opened with her, and remain Hhut to her
enemy, in case of liis failure to rescind bis decrees also.
From Franco no answer haa been received, nor any
indication that tbc requibile change in her decrees is
contemplated. The favarable recfption of llie pro-

Ciition lo Great Britain waa the leas lo be doubted, as
r Orders of Council had not only been referred for
their vindication to an acquiescence on the part of the
United Statea no logger to be pretended, but as tho
srrangeinent proposed, whilat it resisted the illegal de-
crees of France, involved, moreover, substantially, the
fiecise advanlages professedly atnied at by the Brilislt

Orders.

The arrangement has, neverthaleia, been

This candid and liberal experiment having thus
failed, and no other event having occurred on which a
suepension of the embargo by the Executive was au-
thoriied, it neceasarily remains in the extent originally
given to it. We have the aalislaction, however, to reflect,
that, in return for the privations imposed by ihe meas-
ure, and which our fellow-citizens in general have borne
wilh patriotism, it has bad the important effects of
saving our mariners, and oar vast mercantile property,
as well ai of afibrding time for prosecuting the defen-
sive and provisional measures called for by the occasion.
It has demonstrated to foreign nations Ihe moderation and |
lirmneBB which govern our councils, and lo oor citiien*
the neccaaity of uniting in support of the laws and the i
rights of tbeir country, and has thus long frustrated i
those usurpations and apohationa which, if resisted, in-
volved war, if submitted to, sacrificed a vital principle
of our national independence-

Under A cmlinuanca of the belligerent measures,
which, in defiance of laws which eonaacrate the right* I
of neutrals, overspread the ocean with danger, it will ,
rest with the wisdom of Congress to decide on the ^
course best adapted to such a state of ibings; and ;
bringing with them, as they do, from every part of the |
Union, the sentiments of our constituents, my confi- |
dencB is Blrenglhened that, in fomiiog this decision,
they will, wilh an unerring regard to the eaeantiaJ
rights and inleresls of the nation, weigh and compare
tbe painful altcmalives out of which n choice is to be !
made. Nor should I do justice to the virtnes which, |
on other oecasions, have marked the character of our I
fellow-citizens, if I did not cherish an equal conEdenca :
that the alternative diosen, whatever il may be, will
be maintained with all the fortitude and patriotiam
which the crisis ought to inspire.

The documentB containing the correspondencea on
the snbject of foreign edicU against our commerce,
with the instructions given In our Mioiaters at Loitdon
and Paria, are now laid before you.

The communications made lo Congress at their last
eession explained the posture in which the close of the
discusaions relating to the altsck by a British ship of
war on the frigate Chesapeake, left a subject on whictl i
the nation had manifested so honorable a sensibUity. :
Every Tien of what had passed authorized a belief
that immediate atctw wonld be taken by tho Briti^
Government for redressing a wrong, which, the more
il was investigated, appeared the more clearly to re-
quire what had not been provided for in the epecial
mission. It is found Lhat no atepa have been taken for
tho purpose. On tlie contrary, it will be seen, in the
documents laid before you, that the inadmissible pre-
liminary, which obstructed the adjoatment, is atill ad-
hered to; and, moreover, that it is now biougbt into
connexion with the distinct end irrelative case of the
Orders in Council. The instrucliona which had beon
given to our Minister at Londan, with a view to fncili-
tste, if necessary, the reparation claimed by the United
States, are included in the documents communicated.
Our relatione wilh the other Powera of Europe have
undergone no material changes since our last aeiiBiDa.
The important negoliationa with Spain, which had
been eltematoly suspended and resumed, necessarily
experience a pause under the extraordinary and inter-
esting crisis which diBtinguiahea her internal situatiim.
With the Bsrbary Powers we continue in hanaooy,
with the exception of an unjustifiable proceading of the
Day of Algiers towarda our Consnl to lhat Regeni^,

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13

msToay of ooNaBESS.

NOTBHBBB, 1808.

PrfitUnt** Jtimuai AAnaage.

9BMATM.

Ita eluTUtei uid drewBaluieea an now laid before
joo, and will anablg jau to decide han fu it miy,
either now or heTealier, call for anj meuurea not
within the limiti of the EiecDtiye aathoritj.

With ouc ladisu neighbors the public peace has been
iteadilj maintuned. Some iostaiiceB of iodividaal
inoog hsTe, a* at other time*, taken place, bnt in no
viae implicating the will of the nation. Beyond the
Mississippi, the lowaa, the Saca, and the Alabamas,
haTe delirered up for trial and pimiahment indiiiduals
from among themselvea, accnsed ofmurdering citizens
oflhe United Slalaa. On this side of the Misaisaippi,
the Creeks are ei«rtjng tbemselTea to arrest ofienders
of the same kind; and the Choctaws have maniiested
their readiness and deaiie for amicable and Jost arrange-
ments respecting depredations committed bydiiorderl;
persons of their tiibe. And, generallj, from a conTic-
tlon that we conaider them as a part of ourselies, and
cherish with wnceiity tbeir rights and inteieals, the
attachment of the Indian tribes is gaining strength
dailj, ia extending from the nearer In the more remote,
and will ampE; requite tls for the justice and friendship
practised towards them. Husbandry and household
manufactures are advancing among them, more rapidly
with the BODlbern than northern tribes, from circum-
■tances of soil and climate; and one of the two great
divisions of the Cherokee notion hare now under con-
sideration to solicit the citizenship of the United Statea,
and to be identifiDd with ua in laws and gnvemmenl,
ID sudi progreaaive manner as we shall think besL

In conaequence of the appropriations of the laat aea-
■lon of Congreas for the security of our seaport towns
and harbors, suEh works of defence have heiin erected
as seemed to bo called for by the situation of the aev-
eral placea, their lelatiTe importance, and the scale of
eipenae indicated by the amount of the appropriation.
These works will chiefly be finished in me course of
Ihe present season, except at New York and New Or-
leans, where most was to be done ; and although a
groat proportion of the last appropriation has been ex-
pended on the former place, yet some /unher views
will be submitted lo Congress lor rendering its sscnrily
entirely adequate againat naval enterprise. A view of
what has been done at the several places, and of what
is proposed ts be done, shall be commanicated as soon
B3 the several reports are received.

Of the gun-boats authorized by Ihe act of December
last, it hue been thought necessary lo build only one
hundred and three in the present year. These, with
thoae before possessed, are sufficient for the hsrbors
and waters most exposed, and the residue will require
littletiniD for their construction when il shall be deemed
necessary.

Under the act of the last aesaion for raising an ad-
ditional miUlary force, to iDany officers were imme-
diately oppoinled as were neceasary for eanyin|; on
the btiainess of recniiting, and in proportion as it ad-
vaticed, others have been added. We have reaun to
believe theii success has been salis&etiiiy, although
audi raturns have not yet been received as enable me
t you a aUlement of (he number engaged.
not thought it nccessaty, iu the course of the
lasi season, to call for any general detachments of
militia or of volunteers, under the laws paaaed for that

Eurpose. For the ensuing sessan, howeyer, they will
s required to be in readiness shoold their sartice be
wanted. Some small and special detachments have
been necessary to maintain the laws of embargo on
that jiartion of our northern frontier wUch ofTered
peenhar facilitiss for evfsioii, bat these were replaced

T.

as soon as it could be done by bodies of new reemh*-
By the aid of these, and of the armed vessels callad
into service in other quarters, the spirit of disobedi*
ence and alinsa, which manifested itself eariy, tai
with senuble effect while we were unprepared to meet
it, baa been considerably repressed.

Considering the extraordinary character of the timea
in which we live, our attention should unremittiii^jr
be fixed on the safety of our cotintry. For a peopM
who are fVee, and who mean to remain so, a well oi*
ganized and armed militia is their best security. It is
therefore incumbent on us, at every meeting, to revisB
the condition of the militia, and lo ask ourselves if it
is prepared lo repel a powerAil enemy at every poillt
of our terriloriea expoaed to invasion f Some of A*
Statea have paid a laudable attention lo tliia object ;
but every degree of neglect ii to be tbnnd among oUiec*.
CongresB alone having the power lo produce an uni-
farm alate of preparation in this great organ of defence,
Ihe interests which they so deeply feel in thtil own
and their country's security mill present this as among
the most important objects of their deliberation.

Under Ihe acts of March II and April 33, respect*
ing arms, the difficulty of procuring them from abroad,
during the present situation and dispoiitions of Eur<^,
induced ue lo direct our whole efforts to the meana of
internal supply. The public factories have therefore
been enlarged, sddiUonal machineriea erected, and, in
proportion as artificers con be found or formed, their
efiect, already more than doubled, may be increased so
as to keep pace wiih the yearly increase of the miUtia.
The annual sums appropriated by the latter aet haT«
been directed to the encouragement of private &ctoriea
of arms, and contracts have been entered into with
individusl undertakers to nearly the amount of the llTBt,
year's approprislion.

The suspension of our foreign commerce, produced
by the injustice of the belligerent Powers, and the con-
sequent losses and sacrifices oT our dttiena, are subject*
of just concern. The situation into which we have
thus been forced has impelled us to apply a portion of
our rnduetrj and capital to inlcmal manafactures and
improvements. The extent of this conreiaion is daily
increasing, and litlle doubt remains that the establisll-
menta formed and forming will, under the suB]Hcea of
cheaper materials and subsistence, the freedom of labor
from taxation with ua, and of protecting duties and
prohibitions, become permanent. The commerce with
the Indians too,wilhin our own boundanea, is likely to
receive ahnndaut aliment from the same internal soutea,
and nil] secure to them peace and the progress of civ-
ilization, undisturbed by practices hostile to both.

*The accounts of the receipts and expenditures during
the year ending on the thirtieth day of September last,
being not yet made up, a correct stalement will hero-
after be transmitted from the Treasury. In the mean-
time, it is ascertained that Ihe receipts have amounted
lo near eighteen millions of dollars, which, with the
eight millions and a half in the Treasury at Ihe he-
ginning of the year, hate enabled us, alter meeting the
current demands, and interest incurred, to pay two
milhons three hundred thousand dollars of the ptinet-

that dai .

five millions three hundred and fifty thousand doUai*
will be necessary to pay what will be due on the first
day of January next, wtiich will complete the reimburse-
ment of the eight per cent, stock. These psymenta,
with those made in the six years and a half preceding,
will Itave extinguiahed thirty-three miltiona five hitn-

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HISTORY OF CONGRESS.

SBIU.TB.

NOTBHBBR, 1808.

(bod itnd Mght; IbouMnd doltira of the principal of the
Aiadeil debt, being the whole vhich could be piid or
puichaied within the limitg of the law and our can-
tiacta; and the amouDt of principal Ibui diicharged
will haTS liberated the revenue from about two miliioni
of doUars of iateresl, and added that sum annually to
the diapoiablB inrplua. The probable accumulation of
Iha auTplusaea of revenue beyond what can be applied
to the payment of the public debt, whenever the Iree-
4Dm and aafetj of our commerce (ball be reatored,
meiita the eomideration of CongreBi. Shall it lie un-
^oductiTe in the public yaulti T Shall the reTenue be
reduced 1 Or, abati it not rather be appropriated to
the imprOTemeiita of roadi, canala, livera, education,
and other great fonndationa of proaperity and union,
under the powera which Congress may alreai!; poiaeaa,
tH Buch amendmeiit of the Coaatilution aa may be. ap-
proved by the Stalea ^ While uncertain of the course
of thing!, the time may be advantageously employed
in obtaining the powers necessary for a ayatem of im-
pTOTsment, should that be thonght best.

Availing myself of this, the last occasion which will
occur, of addressing the two Houses of the Legislature
•t their meeting, I cannot omit the expreaaion of my
nncere gratitude for the repeated prooft of confidence
manifested to me by themselves and Iheir predecessors
since my call lo the administration, and the many in-
dulgences eiperienced at their hands. The same grate-
ful acknowledgments ore due to my lellow-citlzeasgen-
ratally, whose auppoil has beeu my great encouragement
nnder all embarrassmenld. In iha transaction of their
buaiDess I cannot have escaped error. It is incident to
oar imperfect nature. But I may lay with trutii my
errora have been of the un dors landing, not of inten-
tion, and that the advancement of their rights and in-
tereeta has been the constant motive for every measure.
On these considerations I solicit their indulgence. Look-
ing forward with anxiety to their future deatiniee.I trust,
that, in their steady character, unshaken by difliculties,
in their love of liberty, obedience to law, and support
of the public authorities, I see a sure guarsnlee o" '
permanenca of our Republic; and retiring fton
charge of their affairs, I carry with me the consolation
irf a firm persuasion that Heaven has in store for our
beloved country long ages to come of prosperity and
hapmneaa. TH. JEFFERSON.

NoTiMBiB s, leos.

The Message and papers were in part read, and
one thousand copies ordered to be printed for ibe
aseqf the Senate.

A cnnGdentJal Message was also received,
•uadrv documents therein referred to, which' were
read lor considerBtion.

WEDNEBDtr, November 9.

Jesbe Franklin, from the State of North Garo-
lioa, atieoded.

The Senate proceeded in readiDtrlhedocumeDts
Teferred to in the Message of the President of the
United Siatc) of yesierday .

On motion by Mr. Reed,

Retoilied, That a committee be appointed to inquire
■Dio the state and condition of ibe Chamber prepared
ibr the Senate toconvsnein during the present sesaio
and to report whetiicr it ia safe and expedient to co
tinue therein, or to remove to soma other apartment.

Orda^ That Messrs. Rbbd, Wuite, and
Bbadlet, be the comoiiuee.

THURSDAy, November 10.

Mr. Smith of Maryland, submitted thefollow-
ioj; motion :

Baolved, That a committee be aj^Miintcd to iuquiie
whether any, snd, if any, what, amendments are i)oc«b-
ssry to the miUtia laws of the United Btatea.

The following motion was submitted hj Mr.

Ruolvtd, That so much of the Measage of the Prc«-
ident of the United States as relates to the several em-
bargo laws, be referred to a select committee, with
instructions to examine and report whether any farther
jasnres are now necessary to enforce a due obaerr-
ce thereof during their continuance; and, also, whelh-
any farther modification thereof be expedient at thia
ne, and that such committee have leave to repoit by
bill or othermse.

On making this motion, Mr. Gileb obserred,

that, as ibe resolution he had the honor of moving

respecting the embargo laws, was intended only

an inquiry into that subject, which was deeoaed

iporlani to all, and if lo be further acted upon,

requiring immediate attention ; and, as it did not

imit the Senate upon any point in relation to

le laws, he hoped that the committee might

low appointed.

tr. Goodrich requested that the motion might
be Bcird upon until to-morrow, to which Mr.
Giles agreed.
The Senate proceeded to the eleclian of a Chap-
in on their part, in pursuaDce of the resolution
the two Houses, and the whole number of votes
collected was 20, of whi:;h the Reverend Mr.
Eluott had 11, and was accordingly elected.

Frioay, November 11.
Mr. White submitted the following motion :
Remhed, That the President of the United States
cause ta be laid before the Senate copies of all the or-
ders and decrees of the belligerent Powers of Europe,
passed since one thoussnd seven hundred and ninety-
two, affecting the commercial rights of the United
States.
Mr. HiLLHODSB submitted the following motion :
Reaolvtd, That it is expedient that the act, entitied
"An act laymg an embargo on all shin and vessels in
the ports and harbors of the United States," and the
several act* supplementary thereto, be repealed; end
that a committee be appointed to prepare and report a
bill for that purpose.
Mr. Llotd submitted the following motion :
Raohtd, That the President of the United States
be requested to cause to be laid before the Senate a
statement showing the number of vessels which hava
departed Irom the United States, with permission, be-
tween the asd of December, 1807, and the 30th Sep.
tember, 1B08 ; specifying the names of the vessels aad
their owners ; the size of the vessels ; the date of their
clearances ; the ports or places for which they were
destined ; and the amount authorized to be brought
back to the United States in each of such vessels.

The Senate proceeded to consider the molioa
made yesterday, that a committee be appointed to
inquire whether any, and, if any, what, amend*

.yGoogIc

17

HISTOEY OF CONGRESS.

18

NOTBUBBR, 1808.

Sen ATI.

ments are Decessarv to the militia laws of the
Uniied States ; and ^aTing agreed thereto,

Ordered, Thai Messrs. Smith ot Mirylaod,
Sumter, and Bradley, be the cummiiiee.

Mr. Mac LAY presented ihe memorial of Chiiles
Pleasants, and other merchano. of the ciiy of
Philadelphia, staling ihaC, since the 10th of
March, 1808, they have importeJ sundry goods,
wares, and merchandise, consistiDi* of articles
enumerated in ibe aci of Congresa, passed on thai
day, eniilled "An act for eitendiag the terms of
credit OD revenue bonds in certain cases, and for
other purposes;" hut that, by the eonstruclioD of
the Treasury officers, do advantage of its provis-
ions can be had in favor of goods imported sub-
seqaeot to its date. The memotialisl', therefore,
pray that ibe Legislature will provide for an ex-
teDsioD of the relief afforded by ihe tajd act to
Ibeir cases, for reacous aialed in the memorial;
which was read and ordered to lie for considera-

Tbe following motion was submitted by Mr.

Rttohfd, That, in future, the Secretary provide, for
the use of the Senate, atatioaeiy of the minufacture
of the United States, or of aome Territory thereof.

The Senate resumed the motion made yester-
day, that f-o much of the Message of the Presi-
dent of the United Stales as relates to ihe several
embargo laws, be referred to a select committee,
with instructions to examine and report whether
any further measures are now necessary to en-
force due obsfivance thereof during their con-
tinuance ; and, also, whether any further modifi-
caiioD thereof he expedient at this lime; and
that such commiiiee have leave to report by bill

Mr. MiTCKiLL moved an amendment, In insert
after the word " modtScaiioD," liie words " or a
repeal." Mr. M. said his object was to refer the
whole subject, and authorize the committee to
inquire as well into the expediency of a removal
of these laws, as into further provisions for en-
forcing them, if it should be judged most safe
and proper lo preserve Ibem in operation. He
thought this the*mosi expeditious way of ohtain-
iug the opinion of the Senate on ihai great ques-
tion, which was the subject of the most anxious
solicitude, aod on which he wished there might
not be a day's nor even an hour's delay.

Theamendmenl was not seconded. Mr. Giles's
IsolioD wai: then agreed to, and Messrs. Giles,
Smith of Maryland, Hilluodse, BiiAnLET, and
Pope, were appointed the committee.

A message from the House of Representatires
informed the Senate that the House have ap-
pointed the Rev. Mr. Bbown a Chaplain to Con-
gress, on their part, during the present session.

MoHDAy, November 14.

Joseph AnnEiiaoii, from the State of Tennes-
see, and AHnHEW Moore, from the State of Vi
ginia, attended.

The Senate resumed the consideration of ihe
motion made on the 11th insisot, requestiog the
Freaident of the United Slates lo lay before the

.Senate the orders and decrees of the belligerent
Powers of Europe since 1793; and the motion
' ivingheeu araeoded, was agreed lo as follows:

Regained, That the Pre:<idenl of the United
Stales be requested to cause to be laid before the
Senate copies of all the orders and decrees of ihs
belligerent Powers of Gorope, passed since one
thousand seven hnndred and ninety-one, affecting
the commercial rights of the United States.

Ordered, That the Secretary lay ihls resolu-
tion before the President of the United Slates.

The Senate resumed the consideration of tha
molioD made on the 11th inslanl, requesiiog the
President of the United Slates to lay before Iha
Senate a siatement showing the number of ves-
sels which have departed from the United Slatea
since December 22, 1807; and

Jtetolved, Thai the President of the United
States be requested to cause to be laid before the
Senate nstatemeol showing the number of ves-
sels which have departed from the United States,
with permission, between the 22d of December,
1807, and ibe 30th of September, 1808, specifying
the names of vessels and their owners, the size of
the vessels, the date of their clearances, the pons
or places lor which ihev were destined, and the
amount authorized lo oe brought back to the
United Slates in each of such vessels.

The Senate resumed the consideration of the
motion made on the lllh instant, directing the
use of American stationery, and. having amend-
ed the motion, it was agreed to, as follows :

Resolved. That, in future, the Secreinry pro-
vide for the use of the Senate slalionery of the
manofaclure of ihe United Stales, or of some
Territory thereof, as far as the same can he con*
venienily procured.

TnGSDAY, November 15.
The Presiueht communicated the resolutions
passed by the House of Representatives of the
Indiana Territory, on the 11th of October last,
staling the discontents prevailing among the peo-
ple west of the Wabash, in conseqoence of their
connexion with the people eustward of the said
river, and requesting a separation, as the only
'' ' ' y. and lerminatins

al

','.1 ;

id.

Ordered. Thai they be referred to Messrs.
Pope, Tiffin, and Bhadley, to consider and re-
port thereon.

Mr. Reeo, from ibe committee appointed on
the 9ib insiani. to inquire into the siaie and con-
dition of the Chamber prepared for the Senate
during the present session, and whether it is safe
and expedient to continue therein, made a report,
which was read, and ordered to lie for considera-

Wednesoay, NoTember 16.
ANniiEW Gbeoo, from the State of Pennsyl-
vania, attended.

.yGoogIc

HISTORY OF OONORBSS.

NOTIMIBB, 1

n the

Rttoletd, That lo much of the Meauge of Uie
PiMident of the Uoiled Sutei m rclnle* to theSac-
bvj Ponon, aod the anjiutifiabU proccediug of the
I>«7 of Algicra toward! our Conaul at lb*t RefADc;,
wiA the dociilnellti accompanjing the lama, be ra-
ftrred to a aelect coininittee, to conaider anij report
thereon.

s agreed that ibe
repealing the em'
b« the order of the day for Monday u

TflDBSDAT, November 17.

A message from the House of Re p res so ta lives

inrormed the Seoaie that the House have passed

a bill, entitled ''An act lo authorize the iransport-
■tioD of a certain Message of the President of
the United States, and document!! accoropanying
the same;" in which they requeEt the coacut-
rence of ihe Senate.

The bill was read three several times by uaan-
imous consent, aud passed.

The Senale resumed the consideration of the
motion made yeeterday, to refer so much of the
Message of the President of the United Slates as
relates to ihe Barbary Powers, and the unjustifi-
able proceeding of the Dey of Algiers towards
our Consul at ihnl Regency, with ine documents
accompanying the same, to a select committee,
to consider and report ihcreoa;and, harinj;
agreed thereto, Messrs. BninLEv, Qjlg
8hitb of Maryland, were appointed ihi

isubmiilcd the foUowingmotion:

Remthed, That copioi of the memarisls af the

merchants of Boitan, Ssleni. New York, Philadelphia,
Baltimore, and Norfolk, which were presented to the
Seanle during the first ■euion of Ihe ninth Congreia,
relative to the iniriDgements of our neutral trade, to-
gether with the teeolutiona of the Senate predicated
therenpon, be printed for the lue of the Senate.
Mr. White laid on ihe table the following

Retekied, That the Preaident of the United States
be requested to cause to bo laid befbro the Senate, so
far as he may deem consistent with the public soietj,
the reasons that have induced the late cnll upon the
Governors of the respective Statea, to have their quo-
tas of an hundred thousand militia draughted, equipped,
and ready to march at a moment's warning, and ^e
■ervices on which it ia apprehended there may be a
neceasity of oiiiplo;ing them.

Mr. Thhuston gave notice that he should to-
morrow ask leave to bring in a hill to reward
Andrew Joseph Villard for an invention of pub-
lic utiliiy.

Fhidav, November 18.

Mr. Thruston, agreeably (o notice, nsked and
obtained leave lo bring in a bill lo reward An-
drew Joseph Vitlard fur an invention of public
utility ; and the bill was read, aod passed lo the
second reading.

The Senaic resumed the consideration of the

motion made yesterday for printing the memo-
rials of certain mcTchants, presented during the
first session of the ninth Congress; and the mo-
tion was amended, as follows:

Reiolvtd^ That two hutidred copies of the me-
morials of the merchants of Boston, Salem, Nenr
York, Philadelphia, Baltimore, New Haven, and
Newburyport, which were presented to the Sen-
ate during the fir«l session of the oinih Cungresa,
relative to the infringements of our neutral trade,
together with the resolutions of the Senate predi-
cated iheieupon, be printed for Ihe use of the
Senate.

On motion of Mr, Llovd, further lo amend the
motion by adding the following, after the word
" thereupon :" "aod aho of the memorials present-
ed to Congress in the year 1798, by sundry citi-
zens of the United Scales, in opposition toper-
mission being granted to the merchants of the
United Stales to arm their vessels i" it was deter-
mined in the negative. And Ibe original motioD,
as amended, was agreed to.

On motion, it was agreed, that Ibe motion sub-
mitted yesterday, to request the Presidi-ni of the
United Stales to lay before the Senate the reasons
for calling on theGorernorsof the several Siateft
for their quotas of one hundred thoosaud men, be
postponed.

MortDAT, November 21.

A message from the House of Representaiives
informed the Senate that the House hare passed
a bill, entitled " An act to authorize Ihe convey-
ance of certain papers and documents by the mail
free of postage,'' in which they request the con-
currence of the Senate.

The bill lassl meolioned was read, and passed
to the second reading.

TbePiieBiDENTcommuoicaCedlberesoIutionsof
Che Legislative Councilor the Indiana Territory,
passed October 26. 1808, respecting ihe mode of
elecling the Legislative Council, and the time of
their continuance in office ; which were read, and
ordered to lie for consideration.

The bill to reward Andrew Joseph Villard, for
nn Invention of public utility, was read the sec-

THE EMBAKQO.

This being the day fixed for the discussion of

the following resolution, offered by Mr. Hai^

HOtTBB:

Resolved, That it is expedient that the act, entitled
"An act laying an embargo on all ships and veieels in
the ports and harbors of the United States," and the
several acts supplementary thereto, be repealed ; and
that a committee be appointed to prepare and report b
bill for that purpose.

Mr. HiLLHODBE opened the debate. When the
reporter entered the Senate chamber, Mr, H. had
been speaking for a few minutes, and was (hea
discussing the efiecl which the embargo had had
UDon France, and the light in which ii was view-
ed by her rulers. He alluded to ihe declaration
of satisfaction al the measure, contained in a
late French eiposS, and made many observatioiu

.yGoogIc

HISTORY OF CONGKESS.

November, 1808.

leediDg* 10 thow thai it was not a measure of bos-
tility or coercion, as anplied to France.

On Bogland it had iillle or no effect. Her re-
NtUTces were iroroen<«. If deprived of a suppljr
of graio here, she could obtaio it elsewhere. The
Barbary Powers were at war with France and at
peace with Englaad, who tnight thence obtaia
wheat in any quantity she pleased. Great Bril-
■JD, he said, was a nation with the whole world
before her ; her commerce spread orer every sea,
and she had aecew to almost every port and clime.
Could America expect to starve this nation 7 It
was a farce, an idle fame. As to her Weil India
islands, they raised Indian corn; all their sugar
planlationa could be converted into corn-fields,
and would any rnan say that they would starve
because (hey could not getsuperfine ^ourT Was
ibia a neceasary of life without which they could
not subsist? .Ob the eoalrary, a great proportion
of the Americao people subsisted on it, and en*
joyed as good henlih as if they ate noihini^ hut
the finest of wheal flour. The moment people
understood (hat they could not get their necessary
supplies from a customary suurce, they woald
looK out for it in another quarter, and ample time
had been given to them to make arrangemenfs for
this purpose. A man of the fir!>t respectability in
the town in which Mr. H. lived, had been (here
during this embargo, under the President's per-
mission. What BcconnU did he bring? Whf,
that [he trade in corn meal and live cattle, ani-
oles of great export from Connecticut, and com-
ptiiting not only the product of that State, but of
parts of the neighboring Slates, would be entire-
ly defeated ; that, where they had formerly sent
a hundred hogsheads of meal, ibey would nni now
find vent for ten; and that, from South America,
where cattle had, in times past, been killed mere-
ly for their hides and tallow, caiile in abundance
could be procured. Were these people to be
starved out, when they could actually purchase
cheaper auwfromother places than they Lad form-
erly done from nsl No; the only consequence
would be. and that too severely felt, that we should
lo^e our markets; iheembargo thus producing, not
only present privation and injury, but permanent
mischief. The United States would have lost the
chance of obtaining future supplies, they would
have lost iheir market, and ten or twenty years
would place them on the same footing as before.
Mr. H. said, the West Indians would have learnt
that they can do without us ; that they can raise
provisions cheaper on their own plantations than
we cau sell them ; and knowing this, they would
never resort tons. Though we might retain a
part of this commerce, the best part would be lost
forever. The trade would not be worth pursuing;
though this might answer one purpose intended
by the embargo, and which was not espressed.

Having considered the article of provisions as
impoTtant to varloiis parts of the Union, Mr. H.
aaid he wonld now turn lo another article, cotton.
It bad been very triumphantlyaaid, that the want
of this article wonld distress the manufacturers of
Great Britain, produce a clamor amnngst them,
and consequently accelerate the repeal of the Or-

ders tn Council. Mr. H. said he would examine
this a little, and see if all ihe evil consequences
which opened on him at the time of the passage
of the embargo law were not likely to be realized.
He had hinted at some of them at that time, but
the bill had gone through the Senate like a flash
of lightning, giving no time fur eismination;
once, twice, and a third time In one day, aflurd-
ing no time for the development of all its conse-
quences. This article of cotton was used not only
by Britain but by France and other nations on
the Continent. Coitou, not being grown in EU'
rope^ must be transported by water carriage. Tbia
being the case, who would now be mostlikely to
be supplied with it? Not the Continental Pow-
ers who have so little commerce afloat nor any
neutrals to convev it to them ; for the United
States were the only neutral which, of late, traded
with France, and now the embargo was laid, nhe
bad no chance or getting it, except by the preca-
rious captures made by her privateers. To Qreat
Britain, then, was left the whole commerce of the
world, and ber merchants were the only carrier)).
Would not these carriers supply (heir own man-
ufaciurers 7 Would ihey suffer cotton to go else-
where, until they themselves were supplied?
America was not the only country where cotton
was raised; for he had seen an accODoI of a
whole cargo brought into Salem from the East
Indies, and thence exported to Holland, with a
good profit. Cotton was also raised in Africa, as
well as elsewhere; and this wary nation, Greet
Britain, conceiving that the United Stales might
be »o impolitic as to keep on the embargo, bad
carried whole cargoes of the best cotton seed there
for the purpose of raising cotton for her use.
Great Britain had possessions in every climate on
the flobe, and cotton did not, like the sturdy oak,
require forty or fifty years to arrive at maturity ;
but, if planted, would produce a plentiful supply
in a year. Thus, then, when this powerful nation
found America resorting to such means to coerce
her, she had taken core to look out for supplies in
oilier quarters; and, with the command ol^all the
cotton OD the globe which went to market, could
we expect ID^ coerce her by withholding ours?
Mr. H. said no; all the inconvenience which she
cuuld feel from our measure had already been
borne ; and Great Britain was turning her atten-
tion tn everr pari of the globe to obtain those
supplies wliich she was wont to get from us, that
she might not be reiluced to the humiliating con-
dition of making concession to induce us to repeal
our own law, and purchase aa accommodation by
telling us that we bad a weapon which we could
wield to her annoyance. Mr. H. wished to know
of gentlemen if we had nut experieoce enough to
know that Great Britain was nut to be threatened
into compliance by a rod of coercion? Let us
examine ourselves, said he, for if we trace our
genealogy we shall find that we descend from
them ; were they to use us in this manner, is there
an American that would stoop to them 7 I hope
not; and neither will that nation, from which we
are descended, be driven from their position, how-
ever erroneous, by threats.

.yGoogle

28

HISTOEY OF CONflRBSS.

Sbh&te.

NoTEUBER, 1808.

Tbii embBTgo, iberd'ore, inRtead of operBtiog on
those naiioQ* which had been violating our rights,
WHS fraught with evils aod privatioDs lo the peo-
ple of Ibe United Stales. The^ were the suS'er-
eta. And have we adopted tbe monkish plan of
scourging ourselves for tbe sins of others? He
hopedDOt;and thai, having made the experiment
and found that it had not produced its expected
effect, Ibey would abaadoo it as a measure wholly
inefficient as to tbe objects intended by it, and as
having weakened the great hold which we bad
on Great Britain, from her supposed dependence
on us for raw materials.

Some geuilemen appeared le build up eipecla-
tioDs of the efficiency of this system by an addi-
tion lo it of a uon-intercourse law. Mr. H.
treated this as a futile idea. They should, how-
ever eiamine it seriously, and not like children
abut their eyes to danger. Great Britain wa.n not
the only manufacturing nation in Europe. Ger-
roauy, Holland, France, Spain, Portugal, and
Italy, manufactured more or less, and most of
Ihem had colonies, the exclusive supply of whose
uanuraciures ihey had heretofore reserved to
themselves. While we had enjoyed the carrying
trade, we bad supplied the denctency in naviga-
tion of those nations j and all the inconvenience
fell for the want of it ceased because we stepped
in and aided them. This trade had been cut up,
and perhaps it was not a trade which the energies
of tbe Dalion should be embarked in defending.
Who was there now to suppljr all these various
colonies that used lobe supplied by us? None
but England, the sole mistress of the ocean.
Whose products, then, would Great Britain carry?
Would she carry productsof other nations and let
bet own manufacturers starve? No; and this
exclusion from the colonies of other manufaclureii,
«nil leaving her merchants the sole carriers of the
world, produced a greater vent for her manufac-
tures than tbe whole quantity consumed ID the
United Slates.

This, however, was arguing upon the ground
that the United Slates would consume none of
ber manufactures in case of a non-intercourse. Mr.
H. said he was young when iheold non-intercourse
took place, but he remembered ilVell, aod had
then his ideas on the subject. The British army
was then ai Ibeir door, burning their towns and
ravaging the couotry, and at least as much patri-
otism existed then as now; but Brifish fabrics
were received and consumed to almost as great
SD exlenl as before the prohibition. The armiet
could not gel fresh provisions from Europe, but
they got them here by payitt^ higher prices in
guineas for thera than was paid by our Govern-
inenl in ragged continental paper money. When
the country was in want of clothing, and could
get it for one. fourth price from the British, whac
was the consequence? Why, all the zealous pat-
riots— for this work of tarring and feathering, and
meeting in mobs to destroy their neighbor's prop-
erty, because he could not think quite as fast as
they did, which seemed to he coming in fashion
DOW, had been carried on then with great zeal —
these palriuii, although all iateicourse was penal,

carried on commerce not wit hatan ding. Supplies
went hence, and manufactures were received from
Europe. Now, what reliance could be placed on
this patriotism? A gentleman from Vermont
had told the Senate at the last session that the
patriotism of Vermoot would slop all exportation
by land, without ibe assistance of the law. How
bad it turned out? Why, patriotism, cannon,
militia, and all had not stopped it; and although
the field pieces might have stopped it on ine
Lakes, they were absolutely cutting new roads to
carry it on by land. And yet tbe gentleman had
supposed that their patriotism would effectually
slop it '. Now Mr. H. wanted to know how a non-
intercourse law was to be executed by us with a
cuast of hfteen hundred miles open to Great Brit-
ain by sea, and joining her by land ? Her goods
would com<: through our Courts of Admiralty by
the means of friendly captors; they would be
brought in, condemned, and then naturalized, ss
Irishmen are now naturalized, before they have
been a month in the country.

Mr. H. went on at some length to show tbe
impraclicsbility of enforcing a

It had been said that tbe embargo should not
be raised, becauiie there was no commerce that
could now be safely pursued. He was astonished
that geoilemen should introduce this argument,
as it went upon the ground thai France and Eng-
lan if could mutually arrest our commerce with
each other. If this were really the fact, mer-
chants, who were so nice in their calculations,
would not risk iheir property. The insurance
offices were perfect thermometers by which to
calculate ihe desrec of risk in any commerce.
They always made their caiculaliona on the safe
side, and it would be found that no properly was
more sought after than insurance slock, and this
was because the institutions were usually con-
ducted by cautious merchants. A few barum-
scaruni individual merchanis mieht engage in
hazardous enterprises and lose all. Such men
would never be controlled by law or prudentcon-
sideralions. Bu£ the great body of merchants
would always regulate the course of trade, and
there was no need of an embargo to save them
from running too great a risk.

How had they done in times past? Laws had
been in force making it unlawful to trade with
the Spanish possessions in South America ; but
we had nevertheless carried on a profitable trade
there, and not all the vigilance of Spain could

Erevent it. Now and then a few of our citizens
ad been caught and imprisoned^ but that had not
Slopped our trade; nor was it in the power of
France and England combined lo do it. On this
subject, Mr. H. said, itentlemen took far granted
what was not true. France had ixaued her de-
cree, saying that no vessel should navigate to
England or her dependencies. What had been
theconsequence of this decree? It bad not raised
insurance five per centum. Had there been no
good reason for this? Yes; it was well known
that the whole combined navy of France was not
able to meet a British fleet on tbe ocean. The

.yGoogIc

mSTORT OF CONGRESS.

26

November, 1808.

FreDch ships of war, therefore, could tever go oui
but bf stealtb, aod could not npread over the
oceao so as to endsogei our commerce. lusur-
aaee bad therefore been rery little affected; and
was it worth while to abaiiaoa trade with Bog-
land altogether because France said we must not
carry it on 1 This was reveogiug ourselves upon
them with a witness I After the embargo bad
been laid — for, at tbal lime, he affirmed they had
DO koowledge of the British ardera — some oews-
paper speculatioDS od the subject had appeared,
but the orders were not officially comrauDicBCed
by the Presideot till the ich of February ensu-
ing—what said England 1 You shall not trade
CO France, said she. Boglaud had it in her power
to enforce her decree, and the insurance rising
proporlionably. the merchant had it in his power
to say whether his probable profits would justify
his sending a cargo lo France under so great an
insQraoce. But he asked a question now as to
our interest sitnply, excluding other forcible con-
aideraiions — when it was not in (be power of
France to enforce her decrees, and it was in the
power of Eagland to enforce her orders in a very
preat eitent, would it hsTC been good policy to
involve ourselre^n a maritime war with Eng-
land, who had orercome all the combined fleets
of Europe, for ibe »ake of defending our trade
with France 1 If any trade cost more than it was
worth, Mr. H. Raid it was our interest to abandon
it. But there was another danger stiendani on
our trade to France, and which had ever attended
it — sequestration. American property was very
apt to be sequestered (and, in enforcing their Ber-
lin decree, the French had thought proper to burn
our vessels; and though it had been said that the
Berlin decree had never been applied to us before
the case of the Horizon, yet vessels had been
sequestered in February, 1S07, lolil, and the moner
retained, and would probably never be restored.
This sequestration bad been practised in the
French ports more or less since the comraence-
menl of the Revolution, and we had never got
one dollar as compensation. To be sure, in the
Treaty of Louisiana, we had been allowed to pay
money to our own citizens, but it had never come
out of French coffers. Was it worth our while
to engage in a maritime war with England to
supporta trade with France? Mr. H. said no;
our interest would not have warranted it. For,
not withstanding all that France could di

risk of 6ti

[. we might have bad a trade

with the British islands, Sweden, Portugal, thi
East Indies, the British West India islands, and
other countries — a proGlsble trade, loo. Bui gen-
tlemen said, would they submit to pay tribute to
Great Britain? No. This tribute was but a
mere name. They must pay tribute for going
from England to France, where they would be
captured as a matter of course, because they had
touched English ground. It was a tribute to be
paid in a case which wonld never happen — a
mere nullity. But, said gentlemen, there are
American vessels which have gone to England,
theerabargoDotwilhstanding,and thence to various
ports of the Contioent, by the aid of false papers.

Were they to embark in a conflict to prevent their
citizens from doing this? All this smuggling
work, where it was not under the sanction of
laws of the United States, reflected no disgrace
on the honor of the nation, which was not re-
sponsible for it.

If there were nothing that would commit the
honor of the nation in the way of it, Mr. H. said
it would be the interest of this nation to abaodoti
its commerce with France, not only on acconni
of the risk in carrying it oo, but on account of
the risk after it gets into port. Mr. Armstrong
said — but he would not dllude to him. for fear he
might tread on eon fide titial ground ; bowerer,ae-
counts had been received ^om our Consuls and
merchants, that whenever it suited the conveni-
ence of the French nation to lay their hands on
American property, they had done it ; and, ibere-
fore, our trade to that country wai on a very in-
secure tooling indeed.

But, said gentlemen, if they allowed our ves-
sels to trade to England and not to France,it was
a submission to her orders, and a restgnaiion of
□ur independence; therefore, the embargo must
be maintained to keep on equal ground. I could
never see, observed Mr. H., how the embargo was
the means of preserving the honor of the nation.
These nations say we shall not trade; and, there-
fore, by an embargo, we destroy our commerce.
This is magnanimous, indeed. It is a new way
of preserving commerce ; because foreizn nations
say we shall not follow it, we say we will abaudoo
it. Do we not comply wiih the requisition of
these nations completely ; more than comply, for
we surrender of/ commerce. It is the moat tame

But, said gentlemen, we must have embargo or
war. This, Mr. M. said, had been urged in pub-
lic debate, in the newspapers, and almost all com-
munications they had received. For his part he
could not see bow a repeal of the embargo was to
involve us in war, except it were, as was said last
winter, that Boaaparie would have no neutrals;
and, therefore, if we did not continue the em*
bargo, he would declare war against us. Was
Ibis a ground on which to surrender commerce,
and subject ail our citizens to inconvenience be-
cause he would otherwise declare war? What
more could be do than he had done 7 What more
than burn our ships and sequester our property ?
He could do no more. Why, then, should they
be terrified thus? If war came thus, let it come.
Mr. H. said he was not for declaring war against
any nation, but he was for authorizing the arm-
ing our commerce, for authorizing our merchants
to defend those maritime tights wnich were clear
and indisputable ; and this would not be war, for
no nation, not predetermined to make war, would
make war upon tis for defending our maritime
rights. I should not, said he, be willing to go to
war for doubtful rights, as that of the carrying
trade between the mother country and her colo-
nies; but our indisputable neutral rights lam for
defending, not abandoning.

Mr. H, said he thought when tbe embargo was
laid, though, perhaps, he bad been singular in the

.yGoogIc

27

HISTORY OF CONGRESS.

November, 1808.

opinion, that it was JDleoded as a permanent
measure; tbat the real object was Dot what had
been expressed in the Message, but to put down

t up n

lufact

all our coiDineTcial capital into maaufactures,
and all our commercial men into maDaCactucers;
and many honest poliiiciaos had [houghi ii would
be a practicable, and useful, and beneficial plan,
though the contrary hid ever been his opinion.
In confirmatioo orhiii opinion, Mr. H. &aid,wheD
thejr looked over official and other pubiieatioos
which bore the stamp of authority, or were cou'
■idered as being approved by tbe coosiituled au-
thorities of the country, they were told thai the
agriculturist and maDuracturer should be planted
side by side, and that ibey should sit at their own
doors, clothed in their own manufactures of those
articles which they had before received from
others. These ideas could never be realized but
by abandoning commerce.

Mr. M. here went at some length into a discus-
aion on the subject of manufactures, using argu-
ments tending to demonslrate that large manu-
factories are as unsuitable to the genius of a free
people as lo the peculiar habits of th« people of
the United Sutes.

M. H. said no naan was more desirous to obey
the laws of his counlrv than he was; but in a
free country laws could not be forced down.
Either by force, or in some other way, the people
would get rid of a disagreeable law. They al-
ways had and always would do it. Therefore,
attempting this system was prostrating the dig-
nity of the Qovernment and teaching the peopTe
to trample on the constituted authorities. He
wished to see the magistracy of a free country
omnipotent in its laws; but if, by projects of this
kind, the people were driven to opposition, they
would not confine ihemselves to the Constitu-
tiooal remedy, but feeling ibeir powt^r, would ex-
ercise it wilb violence. Therefore, when a meas-
ure was found not to operate right, they should
retreat, and ihey might do it too with a good
gtace, for it would be for the honor of the nation
that they should retrace their steps.

Mr. H. said he imagined some ulterior steps
might be proper if the embargo were raised ; but,
on conversing with members, he had found no
many different opinions to prevail, that he had
not coupled anything with this. When the em-
bargo should have been done away, do doubt the
councils of the nation would come to some retiult
and adopt some measure which would take its

Elace. For all these reasons, Mr. H. concluded
y saying that he was clearly of opinion that bit
re»otuiiaa should be adopted, and the embargo
repealed.

Mr. Bradlbt moved the postponement of the
further consideration of the subject till to-mor-
row. A commjiiee had been appointed by (he
House on this subject, and the present agitation
of the subject must paralyze the proceedings of
(he committee, if not operate against its total dis-
•olution.

Mt. HiLLBonsB said he bad no objection that
the itibject bhould be postponed till to-morrow,

but the reason the gentleman bad given for it wa*
a very extraordinary one, for when an objecCioD
had been made to the appointment of ibis com-
mittee it bad been answered that its appointment
would not at all interfere with his (Mr. H.'s) res-
olution; upon which ground no opposition had
been maJe to the appointment of the commitlee.
Mr. Pope said it had been his opinion this
morning that this resolution should have been re-
ferred (□ that committee, but after what had beeo
said, it was his wish that some commercial ^ea-
tlemao, whose knowledge of commercial subjects
would enable him to explore the wide field taken
by the gentleman from Connecticut, would bav«
answered him. He had hoped, at this session,
after the Presidential election was decided, that
all would have dismounted from their political
bobbies, that they would have been all Federal-
ists, all Republicans, all Americana. When the/
saw the ocean swarming with pirates, and com-
merce almost annihilated, he had hoped that the
demon of party spirit woiild not have reared ita
head within these walls, but that they would all

with (he maiter-of-facE argumAts of the genile-
man from Connecticut ; but on this day the geiv-
tleroan had resorted lo arguments from newspa-
pers, and revived all the old story of French in-
fluence, in the same breath in which he begged
them to discard all parly feelings and discuss
with candor. The gentleman bad gone into a
wide field, which Mr. H. said he would not now
explore, but begged lime till to-morrow, when he
would endeavor lo show to the naiion and to the
world tbnt the arguments used by the gentleman
in favor of his resolution were most weishlr
against it. If palrioiism had departed the land,
if the streams of foreign corruption had flowed so
far that the people were ready to rise in opposi-
tion to iheir Qovernment, it was indeed time that
foreign intercourse should cease. If the spirit of
1776 were no more — if the spirit of commercial
speculation had surmounted ell pairiotism— if
this was the melaucboly situation of the United
Stales, it was time to redeem the people ftom this
degeneracy, lo regenerate them, to cause ihem lo
be born again of the spirit of 1776. But he be-
lieved he should be able to show thai the proposi-
tion of the gentleman from Connecticut baldly
merited thi> respect or serious consideration of
this honorable body. Mr. P. said be had expected
that in advocating his resolution the genlleman
would have told the Senate that we should go to
war with Great Britain and France; that he
would have risen with patriotic indignation and
have called for a more efficient measure. But to
his surprise, the gentleman had risen, and with
the utmost lang froid told them, let your ships
go out, all'H well, and nothing is to be appro
bended. Mr. P. said he would not go into the
subject at this moment ; be had but risen to ex-
press his feelings on the occasion. He wished
the subject postponed, the more because be wished
to consult a document just laid on their table, to
see how the memorials presented a short timeagit

.yGoogIc

HISTORY OP CONGRESS.

NOVBMBBB, 1608.

Senatr.

frotn those whose cauEe the geittlemaD frora Cod-
necliout nnderlook to advocate, accorded with the
wniimeDis be had this day expressed for them,

Mr. HiLLBotJaGsald he should have been much
gratified if ihe gentlemaa from Kentucky had
confined his remarks to aTgDnieiii,wiiboai making
a persoaal attack on faim. Mr. H. said he had
arraigned no party,charKed none with party views
or corruption. He coafd not lee where the gen-
tleman found ground for personalily ; for Mr.
H. said he never did use it himself, nor ever would.

Mr. Llotd Slid as it was ao exceedingly in-
teresiiog subject, and had been ten daj's before
the House, and put ofi' with as maeb civility b<i
possible to accommodate genilemen, he wished
that the subject might progress in regular discas-
•ion, not expecting, however, that it would be de-
cided to-day or to-morrow.

Mr. S. Smith said that if (be honorable gen-
tleman last up had a design to give a view of the
■abject such as it deserved, he should be glad to
hear him. The gentleman was caoahle of giviog
« correct view of the subjeci, ana perhaps had
prepared his mind on it. Mr. S. confessed his
own Diligence in ooc being prepared ; bat if the
gentleman from Massachusetts would give a com-
mercial view of the subject, he hoped the genile-
man from Vermont would withdraw bis motion.

Mr. Llotd said this was eo interestinir a sub-

J'ect that he could ilbt be silent on it. Whether
e should give that cbasie view of the subject of
ivbich the genilemaD from Maryland was ca-
pable, he could not say. If tbe Senate would in-
dulge him, however, he would express those ideas
which immediately occurred to him on the sub-
ject.

Mr. Bradley withdrew his motion for post-
ponement.

Mr. Llotd said he considered the question now
under discussion as one of tbe most important that
has occurred since the adopiioo of ihe Federal
Constitution. It in a subject, said Mr. L., deeply
implicating, and perhaps determining, the fate of
the commerce and navigation of our country ; a
commerce which has afforded employment for
nearly a million and a half of tons of navigalion ;
which has found occupation for hundreds of thou-
sands of our citizens; which has spread wealth
and prosperity in every region of our country,
and which has upheld tbe Oovernment by fur-
nishing tbe revenue for its support.

A commerce which has yielded an annual
amount of exports exceeding one hundred mil-
lions of dollars; an amount ol exports three times
as great as was possesied by the first maritime and
commeTcial ostiou of the world at tbe conimenee-
ment of Ihe last century, when her population
was double that of the United Slates at this time ;
an amonoi of exports equal to what Qreat Brit-
ain, with her navy of a thousand ships, and with
all her boasted menufaciures, possessed even at
so recent a period as within about fifteen years
from this date : surely this is a commeice not to
be trifled with ; a commerce not lightly to be of-
fered up as the victim of fruitless experiment.

Oar commerce baa unquestionably Ven subject

to great embarrassment, vexation, end plunder,
from the belligerents of Europe. There is no
doubt but both France and Great Britain have
violated the laws of nations, and imroolaied the
rights of neutrals; but there is, in my opinioa, a
striking difference in the circumstances of the two
nations ; the one, instigated by a lawless thirst of
universal domination, is seekrog to extend an irOD"
handed, merciless despotism over every region of
the globe ; while the other is fighting for her lu^
tait solum, for the preservation of tier liberties,
and probably for her very existence.

The one professes to lelnct at the inconveni-
ence she occasions you by the adoption of mea»-
nres, which are declared to be intended merely
as measures of retaliation on her enemies, and
which she avows she will retract, as soon as the
causes which occasion them are withdrawn. The
other, in addition to depredation and conQsgra-
tion, treats you with the utmost contumely anil
disdain; she admits not that you possess the rights
of sovereignty and iodepeodeace, but undertakes
to legislate for you, and declares that, whether
yon are witling or unwilling, she considers yos
as at war with her enemy ; tnat she had arrested
your property, and would hold it as bail fpr your
obedience, until she knew whether you would ser-
vilely echo submission to her mandates.

There is no doubt that the conduct of these
belligerents gave rise to the embargo; but if tbia
measnre has been proved by experience to be in-
operative as it regards them, and destructive only
as it respects ourselves, iben every dictate of mag-
nanimity, of WL'idam. and of prudence, should urge
the immediate repeal of it.

The propriety of doing this is now under dis-
cussion. The proposition is a naked one; it ia
unconnected with ulterior measures; and gentle-
men who vote for its repeal ought not to be con-
sidered as averse from, and they are not opposed
to, the subsequent adoption of such other meas-
ures as tbe honor and tne interest of the country
may require.

In connidering this subject, it naturally present*
itself under three distinct heads:

1st. As it respects the security which i( gare
to our navigation, and the proiection it offered our
seamen, which were the ostensible object* of its

Sdly. In reference to its effect on other nations,
meaning France and Qreat Britain, in coercing
them to adopt a more just and honorable course
of policy towards us : and,

3dly. As it regards the effects which it has pro-
duced and will produce among ourselves.

In thus considering it, sir. Isball only make a
few remarks on tbe first head. I have no desire
to indulge in retrospections; the measure was
adopted by the Oovernment; if evil has flowed
from it, that evil cannot now be recalled. If
events have proved it lo be a wise and beneficial
measnre, I am willing (hat those to whom it owe*
its parentage should receive all the honors that
are due to them ; but if security to our navigation,
and protection to our seamen, were the real ob-
jects of the emba^o, then it has already answct-

.yGoogIc

HISTORY OF CONGRESS.

32

BSNATB.

NOTEMBBB, 1808.

ed all the efTects that can be expected froiD ii. In
fact, iti lonzer cootiDuanee will effeciually coun-
teract the objects of its adoplion ; for it is notori-
ous, that each day leisena the number of our sea-
men, by their emigration lo foreign countries, in
quest of that emptofiuenl and suosisieuee which
they have heea accusioiaed lo find, but can no
loDg[er procure, at dome; and as it re^rds our
DRVigaijon, considered as pan of the national pro-
peny, it is not perhaps very material n-heiher it
11 tunk in the oceaD, or whether it is deatlned to
become worihless from lying and rotting at our
wharrea. In either case, destruction is equally
certain, itisdeath; and (he only difference seems
to be, between death by a coup de grace, or death
«f[er haTiog sustained the long proliacled tor-
menla of torture.

What effect has this measure produced on for-
eign nations ? What effect has it produced on
France 7

The honorable gentleman from Connecticut
has told you, and told you truly, in an expo:6}ire-
■ented by the French Minister of Foreign Affairs
to the Emperor, that this measure is much ap-
plauded: it is called a magnanimous measure of
the Americans! And in a conversation which is
ataied to have passed recently at Ba y on ne, be-
tween the Emperor of France and an American
gentleman, it is said, and I believe correctly, that
the Emperor expressed his approbation of the em-
bargo. I have no douhi that this is the fact ; the
measure is loo conteataneous with his system of
policy, not to be approbated by him. So long as
the extreme maritime prepoaderancy of Great
Britain shall continue, with or without the exist-
ence of en Americao emhartro, or with, or with-
out the British Orders in Council, France can
enjoy but very little foreign commerce, and that
little, the Empcior of Prance would undoubtedly
be willing to sacrifice, provided that, by so doing,
he could insure the desiruciion of a much larger^
and more valuable amount of British and Amer-

U is therefore apparent, dial this measure, con-
aidered as a coercive measure against France, is
nugatory in the extreme.

What, sir, are, or have been its effects on Great
Britain 1

When the embargo was first laid the nation
were alarmed. Engaged in a very extended and
important commerce with this country, prosecul'
ed upon the most liberal and confidential terms,
this measure, whether considered as an act of
hostility, or as a mere municipal restrictive regu-
lalion, could not but excite apprehension ; for
■nasi of her writers, in relation to her colonies,
had impressed the belief of the dependence of the
West India setllemeata on the United States for
the means of subsistence. Accordingly, for seve-
ral months after the imposition of the embargo,
we find it remained an object of solicitude with
(hem, nor have I any doubt that the Ministry, at
that time, partook of the national feeling ; lor it
appears, so late as June, that such a disposition
existed with the British Ministry, as induced our
Hiniater at the Conii of London to eniertaiD the

belief, and to make known lo his Oovemment the
expeciaiioa he entertained, that an adjustment
would lake place of the differences between this
country and Great Britain.

But, sir, the apprehensions of the British nation
and Ministry gradually became weaker ; the em-
bargo had been submitted to the never erring teat
of experience, and information of its real effects
flowed in from every quarter.

It was found that, instead of reducing the West
Indies bjr famine, the planters in the West Indies,
by varying their process of agriculture, and ap-
propriating a small part of their plantations fot
the raising of ground provisions, were enabled,
without materially diminishing their usual cropa
of produce, in a great measure, to depend upon
themselves for their own means of subsistence.

The British Ministry also became acquainted
about this time (June) with the unexpected and
unexampled prosperity of their colonies of Cana-
da and Nova Scoiia. It was perceived (hat one
year of an American embargo was worth to them
twenty years of peace or war under any other cir-
cumstances ; that the usual order of things was
reversed ; that in lieu of American merchania
making estates from the use of British merchan-
dise and British capital, the Canadian merchania
were making fortunes, of from ten to thirty or
forty thousand pounds in a year, from the use of
American merchandise and American capital:
for it is notorious, that great supplies of lumber.
and pot and pearl Bshvs, have been transported
from the American to the British side of the
Lakes; this merciiandise, for want of competi-
tion, the Canadian merchant bought at a very
reasonable rale, sent it lo bis correspondents in
England, and drew exchange against the ship-
ments; the bills fur which exchange he sold to
(he merchants of the United Stales for specie,
transported br wagon loads at noon-day, from the
banks in the United States, over the borders into
Canada. And thus was the Canadian merchant
enabled, with the assistance only of a good credit,
to carry on an immensely extended and beneficial
commerce, wiiboul the necessary employment,
on his part, of a single cent of his own capital.

About this time, also, the revolution in Spain
developed ilsetf. The Prilish Minis(ry foresaw
the advaota^re this would be of to them, and im-
mediately formed a coalition with the patriots : by
doing (bis, ibey secured to themselves,in despite
of their enrmie», an accessible channel of com-
munication with the Continent. They must also
have been convinced, that if the Spaniards did
not succeed in Europe, the Colonies would de-
clare themselves independent of the mother coun-
iry, and rely on the maritime force of Great Brii-
ain for their protection, and t bus would Ihey have
opened to them an incalculably advanlageoui
mart for their commerce and manufactures ; for,
having joined the Spaniards wi[hout stipulation.
they undoubtedly expected to reap their rewaril
in (he exclusive commercial privileges that would
be accorded to (hem; nor were they desirous to
seek competitors for the favor of ibe Spaniards:
if tbey could keep the oavigatioD, the enterprise.

.yGoogIc

HISTORY OF CONGRESS.

NovdHBBB, 1608.

Senate.

it. and they would, from this eircumslaoce, prob-
ably, cDQsiiler a oae, two, or ihree years' coalin-
uaoee of the embargo as a boon to tbeni.

It is, iherefore, sir, uodoubied, io my mind, that
(he embargo, as it respects Eoglaad as well as
France, is inetfieaeious.

But, sir, are tbere yet other cbaoaels through
which we can operate upoa Qreat Brjlaiii, by
means of this measure? It may possibly be said
that disturbances among the mauuraeiurers in
England yet ezisi. and that they are only qaieled
for the moment. Sir, as long as I remember to
have heard of the British nalion, I hare heard of
toraulis among her manufacturers, although I
have QSTer kaown any serious result from them ;
but every petty squabble between a manuraetuter
and his workmen, is, by the magic of some gen-
tlemen's imagination, converted into an alarming
insurrection, menacing the prostration of faer
Government. Suppose, air, by abstaining from
Ibe receipt of British manufactures, you make
bankrupts of one hundred of her wealthiest man-
ufacturers; what is produced by this? Within
twelve moDthsyou harewilnessed nearly as many
bankruptcies io one of your own cities, and yet
that city retains its usual credit and reputation
for wealth. But, to eitenil this argument fur-
ther, suppose, from ibe causes before meniiooed,
you make bankrupts of fire hundred of the wealth-
iest of her manufacturens, and that in conse-
quence yoa deprive of employment fifty thousand
of ibeir workmen; what is the effect produced
by this? What has become of tbe manufacturers
of Prance? These men will not starve; they
will not become nonentities; in time of war they
have a certain asylum; they will be absorbed in
her army or navy; and thus you lake fifty :hou-
sand of the most turbulent of her citizens, who
are in conntant opposition to tbe Government,
from under the control of a lax civil authority,
aad by placing ihem under the coercion of an ef-
Rcient military discipline, yuu add in reality to
the strength of tbe nation, and give to lier the
means of extending and retaining her maritime
dominion : this surely is not desirable.

Some gentlemen may aay, that the fear of fam-
ine is 10 effect what an insurrection among her
manufeeiurers will not accomplisb. Of alT idle
expectations, this is the most idle. It is well
known that tbe harvest in England is got in dur-
ing the month of August, and the early part of
September: I havabetore me, sir, a price current
of tbe 2D(h of September, from which it appears
that American flour, subject to the payment of
freight, insarance, commission, and other charges,
was selling in Liverpool at forty-seven shillings
sterling the barrel.

Another fact will, perhaps, give gentlemen
some information on this subject. Owing to the
interdiction of the trade to the Continent of Eu-
rope, -sugars, during the last Winter, from the
West Indies, had so greatly accumulated in EoE-
land, as to render them unsaleable in any consid-
erable quantity: this greatly incommoded the
10th Cow. 2d Sess.— 8

West India interest ; they petitioned Parliament
for a prohibition of the use of grain in the distil-
leries, and the substitution uf sugar and molasses
in lieu of it : the reasons assigned in support of
the petitioQ were, that it would give a double ad-
vantage to the nation, by affording relief to the
West India planters, and also greatly reduce tbe
■price of food to tbe poor. The bill was, however,
opposed to ibe landed interest, and at that lime
rejected on the Mogle ground, that by bringing
into the market so large a surplus quantity of
grain, as six millions of bushels, being the amount
annually consumed in the distilleries, the price
would be BO greatly reduced as not to pay tbe
farmer forthe labor and expense of raising It.

Thus it is evident that we have no chance of
operating on ihe fears of Great Britain on ac-
count other harvest ; for it is shown thai she baa
it at any time in ber power, and even with an en-
couragement to ber colonies, to throw into bet
corn market a quantity of grain nearly equal Io
the whole quantity of wheat exported from this
country in the year eniling in September, 1807;
for, by the returns of the Secretary of the Treas*
ury, it appeared that all the flour and wbeat ex-
ported during Ibat year, amounted only to what
would be equal to about seven millions three hun-
dred thousand bushels of wbeat.

Bui, sir, if we cannot trade with France and
England, why should we be deprived ol all inter-
course with Spain and Portugal 1 These are na-
tions struggling for their liberties, Will it be told
you, sir, that the trade to these countries is an
mconsiderable one ; that it will yield tittle or no
profit ; and that it will be unequally and unjustly
divided between the different parts of the United
States'? Spain, Portugal, and ibeirdependeocies,
have taken of our eiporln about twenty millions of
dollars io a year. Can this be called an inconsid-
erable trade?

The exports of Spain and Portugal consist
principally io wines, brandies, and fruit». They
are not grain couolries, but depend principally for
their supplies of grain upon other countries. They
have formerly received ihera from the Mediterra-
nean, from ihe coast of Barbary, and from the
Baltic. Under ihe present circumE-tances of the
European world, these supplies could probably be
best obtained from tbe United States, and would
require large quaniities of wheat and flour from
the Soulbern States. Tbe Spaniards end Portu-
guese professing the Roman Catholic religion,
and being obliged by its ordinances to abstain for
part of the year from the use of meat,and being
accustomed to lire during that time principally
on Ssh, have rendered Spain and Portugal the best
market in Europe for that staple of the Norlhern
Slates. The lumber for their packages, their
casks, and boxes, they obtain chiefly Irom New
York and Norfolk; the lumber of the Easiem
States not being so well adapted for their purpose.
Thus, then, it appears, thnt this trade, instead of
being an unequal ooe, is more equally divided
among the different portions of tbe Union, than
any other trade wbtcb is prosecuted from the
United States to any pari of Europe.

.yGoogIc

36

mSIOET or CONGEBSS.

S EH ATE.

The Embargo.

NofE«BER, 1B08.

It remainij now, sir, to coD^ider [he effects or
the embargo on ourselves. Every gentlemaQ
must be the best judge of its effecls wilhin ihe
iminediaie circle of his own observalion. Prom
the obserTHtioQ I have beeo enabled lo make, it
appears to me to be fraught with destruction. It
appears lo be wasting our resources instead of
preserving them ; breaking down the spirit of the
people, and dividing instead of uniting them. It
IS inviting foreign ideuIi and acgression, by the
imbecility which it oppoi^es to them ; and it ap-
pears to me to bear eitremely hard upcnihecom-
mercial and naTigatinp- Slates.

The human mind is composed of nearly the
same materiali in all countries. Extend over an
enlightened community, possessing the means of
essy connmunicalion,B great and severe degree of
privation and suffering, without accompanying
that sufferiog with an absolute conviction on
the public mind of some great, some urgent pub-
lic necessity requiring it, and some eventual good
to emanate from it, and there is reason to fear
yon may create great discontent and uneasiness.
Wherever this exists in a great degree, it will be
manifested in memorials to the constituted au-
thorities of the country. Legislative resolutions
will nent follow; remonstrances succeed ; and if
these are unaiiendcd to, resistance imbodies itself,
and the spark of discontent, which might easily
have been smothered in its origin, is fanned into a
flame of rebellion, spreading ruin anti desolation
around it, and in its progress perhaps overturning
the liberties and Qovernmenl of the country.

Happily, we have not reached this siage: I trust
io Glod we never shall. It should be the duty '
every man, both in and out of office, lo adopt eve
measure, and make every exetiion to prevent
The r«;noval of the embargo will, as I believe,
one means to check an incipient stale of discc
tent. I am therefore for this, as well as for many '
other reasons, most earnestly and zealously in
favor of itK repeal, and the passing the resolution
for that purpose,

A motion was now made for adjournmeni, and
negatived.

Mr. Smith, of Maryland, said he was not pre-
pared to go as largely into this aabject as it mer-
ited, having neither documents nor papers before
bim. He would therefore only take a short view
of it in his way. and endeavor to rebut a part of
the argument of the gentleman from Massachu-
■etts, and perhaps to notice some of the observa-
tions of the gentleman from Connecticut. He
perfectly agreed with the latter gentleman that
this subject ought to be taken up with coolness,
and with temper, and he could have wished that
the gentleman from Connecticut would have been
candid enough TO pursue that course which he had
laid down for others. Had he done it 7 No. In
the course of the discussion, the gentleman had
charged it upon some one, he knew not whom,
that there was a disposition to break down com-
merce for the purpose of erecting manufactures
on its ruins. If this was the disposition of those
who had advocated the embargo, Mr. S. said, be
was not one lo go with them, and perfectly cor-

esponded with the gentleman in saying that such
pfan would be extremely injurious; that possibly
: could not be enforced in the United States; and
that, if it could, merchants would conceive Ihem-
ilves highly aggrieved by it. But the gentle-
lan's ideas baa no foundation, Mr. S. said he
had before seen it-in newspapers, but had consid-
ered it a mere electioneering trick ; that nothing
like common sense or reason was meant by it, and
nobody believed it. The genileraan surely did
not throw out ihis suggestion by way of haimo-
nizing; for nothing could be more calculated tu
create heat.

The gentleman last up, throughout hisargumen I,
had gone upon the ground that it is the embargo
which has prevented all our commerce; that, if
the embargo were removed, we might pursue it in
the same manner as if the commerceof the wliole
world was open to us. If the gentleman could
have shown this, he would have gone with him
heart and band ; but it did not appear lo him that,
were the embargo taken off to-morrow, any com-
merce of moment conid be putsued. Mr. S. said
he was not certain that it might not be a wise
measure to takeoff the embargo ; but he was cer-
tain that some other measure should be taken be-
fore they thought of taking that. And he had
hoped that gentlemen would have told ihem what
measure should have been taken before they re-
moved the embargo. Not so, however. A naked
proposition was before them lo lake off the em-
bargo ; and were that agreed to, and the property
of America subject to depredations by both the
belligerents, tht^y would be foreclosed from taking
any measure at all for its defence. For this tea-
son this resolution should properly have gone
originally to the committee on the resolution of
the gentleman from Virginia (Mr. Giles.)

Mr. S. said he was not prepared for a long dis-
cussion, he should take but a short view. He
would not go back to see which nation had been
the first offender. He was not iho apologist of
any nation, but, be trusted, a fervent defender of
ihe rights, honor, and interest of his own country.
By the decrees of France every vessel hound to or
from Great Britain, was declared good prize.
And stil! further; if spoken alone by any British
vessel, they were condemned in the French prize
courts. When a vessel arrived in the porls of
France, Mr. S. said, bribery and corruption were
made use of in order to effect her condemnation.
Every sailor on board was separately examined
as to what bad happened in the course of the voy-
age ; they were told, you will have one-third of
the vessel and cargo as your portion of the prize-
money, if you will say (hat your vessel has
touchedat a British port or has been visited by a
British cruiser. Of course then, by the decrees of
France, all American property that Boals is sub-
ject to condemnation by the French, if it had
come in contact wiih British hands. Were gen-
tlemen willing to submit to this; to raise the em-
bargo, and subject our trade to ibis depredation?
Yes, said the gentleman from Conneciicut, who
was willing, however, that our ships should arm
and defend themielret. Mr. S. raid that he bad

.yGoogIc

HISTORY OF CONGRESS.

NOTBMBBR, 1808.

Sehati.

hoped the honorable gentleman would hare goae
furihef, and paid not only that he would in this
cave permit our vessels to defend ihemseUes, but
to raahe good prize of any vessel vbich should
impede the trade admitted by the laws of nalioas.
Bat the gentleman had Mopped short of ibis.

By the Orders la Council, noir raade law (said
Mr. S.) all neatrnis— all neutraU, ihii is a mere
word ad caplandum, as it is well bouwn, there
is DO neutral commerce but American — all Ameri-
can vessels, tjien, bound to France, or countries in
alliance wiib h^r, are raade good prize In the Brit-
ish courts. When bound to any part of the con-
tinent of Europe, or any possessions in Turkey or

ley are a good prize^ Sweden
We are then permuted lo trade— for it

Asia,

is a permission to trade', since we must aehi
tedge ourselves indebted to her for any she per-
mits— we are graciously permitted to go to Swe-
den, to which country our whale eiportt amount
to $56,157! This petty trade is generously per-
mitted USB! a boon, and this boon will be struck off
the list of permission, (he moment any difference
arises between Great Britain and Sweden, I am
aware, sir, that gentlemen will »ay this may re-
quire explanation. I will give it lo them. Great
Britain says you shall not trade to any of the
countries I have interdicted till you have my
leave; pay me a duty, and then you may go to
any port; pay me a tribute, and then you shall
have my license to trade to aoy porta you choose.
What is this tribute 1 Noihariogthe documenia
before me, I may make an error of a fraction, hut
in the principle I am correct. On the article of
flour, they tell us, you may bring Sour lo Great
Britain from America, land it, and, if you re-ex-
port it, pay into oor treasury two dollars on every
barrel. For every barrel of flour which we send
to Spain, Portugal, or Italy, where the gentleman
from Massachusetts has correctly told us much of
it is consumed, little of it being used in Great
Britain or France, you must pay two dollars be-
sides your freight and insurance. And this trib-
ute ia 10 be paid fur a permission to trade. Are
geniteraea willing to submit to this?

On the article of wheat, exported, you must
pay in Oreat Britain a duty of, I believe, two shil-
lings sterling > busliel, before it can be re-export-
ed. On the important article of cotton th^y have
charged a duty on its exportation of nine pence
sterlin^^ p«r lb., equal to the whole value of the
article iiselCin Georgia or South Carolina. This is
in addition to ihe usual import duty of two pence
in the pound. Thus, if we wish logo to the Con-
tinent, we mar go on condition of paying a Ifib-
•qual to the value of the cotton, in addition
ance. [t is generally understood
that two-thirds ol' the cotton exported by us, may
be consumed in England, when all her manufac-
tures are in good work. On the remaining third
the people of the Southern country are subject to
a tribute— on twenty millions of pounds, at the
rate of 17 cents per pound. Lei ihis be calcula-
ted, and it will be seen what tax we must pay for
leave to sell that article.

But, says the geatlemBn from Masuchusetts,

"M°'

we may now trade to Spain and Portugal— be-
cause Great Britain permits us. [Mr. Llovd ob-
served that he had not said we could trade there
because Great Britain permitted itj I know the
gentleman did not say that (said Mr. S.) hut it is
my inference. He said we might trade there, I
deny it. I beg the gentleman to recollect what
passed some time ago, between Lord Hawkeshury
and Mr. King, and see what reliance can be placed
on the promises of British Minister;. On a rep-
resentation made by Mr. King on the subject of
theoo!onialtrade,LordHawskesbury agreed, provi-
ded the vessel carrying produce from the eotoQie*
should go toihe United Siatesandreland her cargo,
that she should not be liable to capture. What
was Ihe consequence 1 One year afterwards pri-
vate instructions were given to the British crui-
sers to take such ves^^els, aod every atom of tbi«
produce was swept from the ocean. If this is the
manner in which Ministerial promises have here-
tofore been fulRlted, what reliance can be placed
on ihcni now? By letters from my correspond-
ents, I learn that three merchants engaged id the
American trade had waited on Mr. Canning to
see whether American vessels mipht trade to
Spain and Portugal. Yes, Mr. Canning an-
swered, they might trade in the produce of their
own country. But the King is authorized to vary
these laws, and give permis'lon to trade with any
country when he pleases. Has hegivenany sucn
permission lo trade with Spain? No. Is then
the mere conversation of Mr. Canning a sufficient
security 7 No. Is it anything like as binding aa
that formerly oflSci ally gi^en to Mr. Kins, and
which was violated? Ceriainly not. Can this
then be a safe trade? No, sir; my informant,
vho was one of ihe merchants who wailed upon
Mr. Canning, sayt that should France, nqw war-
rini; with Spaiu, overrun any part of the eouolry,
and our vessels afterwards attempt to enter, not
having heard of it, ihey would be good prize. I
am not learned in the law, but I will ask this
question of those who are : Would not a Briii.'^h
judge in this case be obliged to abide by the law,
instead of the conversation of Mr. Canning? He
certainly would ; and would give oor Minister in
this case precisely the answer which the French
Council of Prizes gave Genernl Armstrong, that
[he opinion of an individual could not contravene
the ^xprefs stipulation of a positive law.

The gentleman last up tuld us that American
flour was selling at forty-seven shillings a barrel in
England. The gentleman knows that flour car-
ried there, and not entered for re-exportation,
cnnnot be removed. Flour in that situation has
been lying ten or twelvemonths in Lundbn, could
not be exported, and is somewhat injured by age,
having been locked up in the stores of England,
without a possibility of exporting it ; and it is this
that sells at that price.

The honorable gentleman last up has said that
Ihe exports of the United Slates lo Spain and Por-
tugal were twenty millions of dollars. The gen-
ileman's arjumerits were applied to Spain and
Portuzal. The exports to Spain and Portugal,
and aU their posHssioDs, iDcluding the immense

.yGoogle

mSTORT OF CONGRESS.

8 EM ATE.

Ni

exports 10 La Vera Cruz, amounted to lomethiDg
near tbia sam. Bui let lis take the gcotleman on
his own ground, nod see what we cuuld carry on
of this trade, in our domeslio product, if the em-
barepo were removed. Tlie wliole exports of the
Uoited Stales, in the produce of the land, the year
ending in October, 1807, were 818,509,502; of
Which, the proportion to Spain was $l,131,2Sl;
to Portuaal, 8829.313. 1 agree with ihe geatle-
mao, ihai, if the emhargo was off, we might carry
on a very lucrative trade with the Spanish colo-
nies and the BraziU, if we bad the materials to
carry it on. They do not want our flour, but
articles which can now do longer be got — goods
imported from OermaDV, aod nankeens and cot-
ton goods from India. But these are not the prod-
uce of our country, to which the gentleman allud-
ed; and I say that the exports of our domestic
produce to the colonies and islands of Spain (Cuba
aloDe excepted) are very small. Great Britain
will nnt let us go lo Germany to get German goods,
«ad therefore we cannot carry them as we were
accustomed to do. But perhaps we shall be told
we may carry British goods. What does the gen-
tleman sBy,asa merchant, to paying double freight,
dnly, and insurance, and then competing with
England in the sale of her owo manufacluresi
We hare done it heretofore, because Great Brit-
ain was excluded from that trade, Conline the
trade then to Spain and Portugal, supposing it to
be free, and it will not amount to two and a half
millions a) togetber. We are to say to Great Brit-
ain, If you will give us the boon of going to Spain
and Portugal, (and perhaps this is but an ignit/a
luu* to lead us loher prize courts.) we will submit
to your tribute elsewhere.

The English Orders bad told uswe might trade
ai usual with the West India islands; but now,
believing no doubt that thin Qovernment has not
strength or energy in itself to mainiain any sys-
tem Inng.whaliiasshedoncl Proclaimed ablock-
■de on the remainioc islands of France, fn thai
wearenowconfinedioBrilishisIandsBlone! Wc
are restricted from tradiog there by blockade, and
what security have we, that if the embargo be
taken off— for I wish it were off: no man suffers
more from it, in proportion lo his capital, than I
do; but I stand here the Representative of thi
people, and must endeavor to act in such a man
ner as will best secure their interests; and I pledge
myself to join heart and hand with gentlemen to
ufce it off, whenever we can have a safe and bon-
orabie trade — that, from our submiiiing to these
interdictions, as a right of Great Britain, she may
not choose to interdict all trade, she being umnip-
oleni, and sole mistress of the ocean, as we were
told by the gentleman from Connecticut. I have
seen a laie English pamphlet, called "Hints to
both Parlies," said to he hy n ministerial writer,
tolhisefTrci; that Great Britain, having command
over all the seas, could and ou^ht to exclude and
monopolize the trade of the world lo herself. This
pamphlet goes critically into an examination of the
Kubject ; says that by a siroke of policy she can cut
us off from our extensive trade ; that she has the
power, and, haTing ibe power, she ought to do it.

Mr. 8. concluded by saying that he had not

neant to take up so much time of the House — he
lad meant merely to state bis ideas of the sltua-
ion io which wc were placed by the edicts of the
wo belligerents. He wished to place it in such
I point of view that gentlemen might be led to
idopt such measures a:! might best secure the in-
erests of the country. Mr. S. said his own private
nterests pressed so heavily on his mind, that be
:ould scarcely trust himself to decide. He had
therefore submitted these ideas to gentlemen
whose feelings were not thus affecleif, that if they
light think proper, with the honorable genlle-
lan, to take off the embargo, be might join with
them; if not, that some other might be adopted
which would lead to the security ot our peace and

Mr. Pope said, that in the observations which
he had made a short time ago, he had no inten-
tion to violate the decorum of debate; and if he
had discovered warmth on the general subject, I

he hopedno gentleman would consider hisremarks |

as personally applied to him. i

Mr.LLovDsaid he rose for the purpose of mak- |

ing a single observatioo. He bad stated, when up
before, (hat the trade to Spain, Portugal, and her I

colonies, took off about twenty millions of dollam. |

He found, by the report of the Secretary of ihe i

Treasury, that the exports to these countries
amounted to upwards or seventy millions, eicltld- '

ing a Large portion of the trade. I

Mr. Smith said he understood the gentletnan
tn apply his arguments to our domestic exports to ,

Spain aod Portugal only, and not their dependen-
cies, which the gentleman might, however, have |
meant to have included.

The Senate adjourned about half past 2 o'clock.

Tdbsdat, November 22.

The bill, entitled "An act to authorize the con- .

veyaoce of certain papers and documents by the ]

mail, free of postage," was read thesecood time, ;

and referred lo Messrs. Anoerbon, Moorb, and
Fbanklin, 10 consider and report thereon.

The Senate resumed the second reading of the
bill to reward Aodrew Joseph Villard, for an in-
vention of public utility.

Ordered, That it be referred to Messrs. Tbrdb-
TON, TiFFtH, and Bbaolet, to consider and report
thereon.

THE EMBAHGO.

The Senate resumed the consideration of the
motion made on the 11th instant for repealing the
"Act laying an embaigo on all ships and vessels
in the ports and harbors of the United States, and
ihe several aclsaupplemeotarv thereto."

Mr. Pope.— Mr. President': I rise with more
than ordinary diffidence lo address you nn the in-
leresling question under consideration. When I
consider the present state of our country — embar-
rassed with difficulties ; raeoaced with dangers by
foreign nations; our Bhi]>3 captured and burnt by
one Power, captured, condemned, and confiscated
by the other; a storm gathering in the East, which
threaiens to burst upon us with rebellion aod dis-

.yGooglc

HISTORY OF CONGRESS.

November, 1808.

Dnion ; the hoanT, iciiepeDdeace Bad beai jnif rest
of ihe AmcricflQ people deeplj involved in ihe
course to be pursued — I am seriouilr impressed
with the immense Tesponsibilily which deTolves
npon me, as one of their Krpresenlalives, a.t this
awful crisis. The want of some documents, which
1 had expected would before this have been fur-
Dished us, and ol a more intimate acquaioianee
with the commercial world, renders me unable to
do justice to bU the lopica which gentlemen have
iDtroduced in the wide range they have taken ;
although I shall act attempt to explore the whole
groutuT, I will eudeavor, with the best lights I
possess, 10 notice such of the arguments of (he gen-
liemen in opposition as seem to demand alteniioa.
Od the 4th of July, 1776. the people of these
Slates declared themselves tree and independent,
and this declaration ihey sealed with their blood.
Their iudepeudeace was soon after recognised by
different Powers of Europe, and finally by Great
Brilain herself. By this memorable and glorious
Fveai, which released ihem from the shaekles of
the British OovernmeDi, and gave them independ-
ence, ihey became eaiitled to all ibe righit and
Srivilcffes on the high seas which could be right-
illy claimed by any oiher nation; and these
rigbti. I presume, it will not be pretended tbev
have either abandoned oi forfeited. The high
seas have been hitherto coosidered the common
highway of nations, designed by the God of Nature
for the common use of mankind, and over which
DO Power could rightfully claim exclusive do-
mioion. I shall not wasieihe lime of the Senate
to inquire whether France or Great Britain has
been the first aggressor on our neutral rights, or
from which we have received the most injuries
and indignities, because such an inquiry appears to
me ai this lime unimportant. 1 am willing to
view both nations with an equal eye as common
enemies. Nor do I deem it necessary to retro-
spect injaries and insults of an ancient date, but
snail confine myself to a period and circumsiencei
more intimately connected with the present crisis.
In 1805, the British GoverDracnt asserted thai
Ihiscoaniry wasnol eotiikd tocarry on trade with
her eaemy in time of war, not permitted in lime
of peace. Under color of this new principle, a
DQinber of American vessels were captured by
British cruisers and coademned in British Courts
of Admiralty. This conduct of the British Gov-
eroment alarmed the whole commercial interest
of this country, and memorials were sent to the
President from (he difTi^rent commercial towns in
the Uniied Slates, protesting in strong and spir-
ited language against this novel principle, and
calling upoD our Government (o rrsisl hy nego-
tiation it, as well as the impressment of our sea-
men- I beg leave to read a part of the memorial
from New Haven, in the Slate of Connecticut.
Mr. Pope read as follows:

" That yoor memoriatists have observed with n(
a>miaon degree of surprise and solicitude, tbe nnmer
ous embairaMmenta which the comnieTceorthe United
States has suffered, during the present war with Eu-
rops and tbe Indies, arising from the adoption of new
ptineiples by the Admiralty Courts of Chaat Bntain.

'ell as from ths deprtdation* eommitted on our unpro-
icted tridfl by lawless rreebooten, and tha unwarranl-
bte impressment of our aeunen. Your memorialida
'ill not attempt to discuii at largo Ibe principle, which,
thaj understand, baa been adopted by ihe Admirally
Courts of Great Britain, in recent deciaiona reipectin(
the right! of neutral nations; it is sufficient (m them
to observe, that in their opinion, the principle assumed
by Great Brilain, of considering all the trade of a aeo-
as unlawful, which the same cannot carry
of peace, to be new and unwarrantable ; a
principle not authorized by Ihe maxima of nouod jaa-
nhich have long been received and respected by
ins, aa laws bj which their mutual intercoiUM
ought to be regulated.
The people of Boston, in (heir memorial, aRer
masoning wi(h great Bbility and perspicuity to
rove that this new principle assumed by the
riiish Courts of Admiralty was an alarming in-
fraction of neutral rights, solicit the Oovernment
of (he importance of the subject, to
ial mission to London. Here Mr.
Pope read from the Boston memorial as follows:
tut wbatSTcr may have been the motive* lor the
tedingi on the part of Great Britain, the effect ia
^lotoriona. From her recent conductgreat loaaes hava
been suataineil; our commerce has been checbed and
embarrassed, and large quiuititiea of produce are now
ing locked up in this country, which were pui^
chased foi foreign mailieli; because our merchant*
cannot send it abroad, without taking risks on them-
es which prudence would notjustify, or without pay-
such rates for ineurance a* the trade of the conntiy
not afford.

Thue circumstanced, the merchants of Boato«
0 thought it their duty respectfully to make known
their complaint* to their Government. BelieTing tfaa
cilizene of tbe United Statei Jesironi of cultivating re-
latiauB of amity with the whole human race; and par-
ticularly connected aa tbe; are with Great Britain, by
habits of constant intercourse and by mutual wanta,
Ihey cannot but hope, that like dispositions are enter-
tained by the British nation towards thii country, and
res were speedily taken for Ihe amicable dis-
by negotiation, of our complaints, that a aens*
of her own intereat, and a respect for the rights of
others, would induce her to depart from her present
mesBUiea, and to conduct towards ua with justice and
liberality.

" Underthis persuasion, and without meaning in the
smallest degree to derogate from tbe talents or attention
of tbe American Minister at the Court of London, tha
subscribers, with deference and humility, beg leave to
suggest, whether, when to important national interest*
are at atako, a special mission would not carry with it
great influence, and be very instrumental in the ac-
complishment of our reasonable wishes."

This earnest and fervent call on the Govern-

ial interest was promptly

;ration. The course point-

3 was pursued; a ape-

men t by thi
obeyed by the Adi
ed out by the

lifted

principle, as well as other violi
lime rights, wert
and every effort
riea, and to placi
honorable bai '

s of 01

i(h energy and ability,

obtain a redress of inju-

ommcrce upon a just and

't be evident to every man

who has read the documents communicated to

.yGoogIc

HISTORY OF CONGRESS.

NOTEUBEB, 1808.

•bairpasa over tbe difierent decrees and oiders of
itte iwo belligerents from 1B05, uniil the Fall of
1S07. I will pais over ibe Hfikir ol tbe Cfaesa-
penke, whicb called forth sucb a hursEofiadigDa-
tionthrougboultbiscounlry. Iq December 1807,
during the last session of Congress, the President
wa* ofBcially informed, that Bonaparte had deter-
mined to extend his decree of Berlin to AtDerican
commerce, and althoush not officially notified,
had every reason to believe that the French de-
cree had been or would be retaliated by the Brit-
ish Orders of Council. The Fiesideuttbus warn-
ed of the dangers which threatened ourcotniDeice
on the high seas, cammuiiicaied the subject to
Congress by a confidential message, recommend-
ing an embargo, to secure our vessels and seamen
from capture. His advice was attended to; the
measure was adopted. I expected, or at least
hoped at that time, that this measure, besides se-
curing uur property, by its pressure on the bellig-
eients, aided by a conciliatory course on the part
of our Government, would have induced an ami-
cable adjualmenl of differences with both or one
ofthebeiligerenlSjand thereby averted the calami-
ties of war ; that if it failed to produce this effect,
it would at least afford us time to prepare to meet
war, if incviinble. That our Administration has
used every honorable means during the existence
of this measure to settle our differences amicably
with the belligerents, cannot be doubled by any
one wbo has read the documents accompanying
his recent message. After the Administration
had pursued the course marked out by the com-
mercial people, whose organs the gentlemen in
the opposiiioQ appear to been this occasion — after
resisting; the unjust pretensions of Fmnce and
Great Britain— after the Government had laid
an embargo and brought the nniion to the eve of a

what do we hear? We are told by a part of these
■ame people, to the astcnisbmeni of all America.
by solemn resoluiions, which are already before
the public, celled the Essex resolutions, that we
have no cause of war against Great Britain, and
all ber aggrcssiotis, if not justified, are excused ;
and our Government is gravely told to disgrace
itself by receding from ihe ground it has taken.
The gentleman from Connecticut, whose object
aeema to be rather to prove this measure wrong
at first than what ought now to be done, tells us
that the French decree of Berlin was not suffi-
cient to justify this measure at the lime it was
adopted, because France bad no naval force to
give it effect on the high seas. If the Berlin de-
cree was not sufficient to justify our embargo.
Upon what principle can it be pretended that it
justiGed or even palliated the British Orders of
Council? Although at the time the embargo
was laid we had every reason to believe that the
orders had issued, and which turned out to be the
iact, yet I will admit, for the sake of argument,
that the Berlin decree was not a sulRcieni ground
Tot the embargo. Will geutlemen contend that
the Berlin decree, British Orders of Council, and
tha Piench decree of Milan, all which were iit

force at that time, if fhen officially known to ouc
Government, would not have been a aufficieot

cause for the embargo? And if ihey admit that
the whole, combined, would have justified the
measure, at the same time that they deny it to
have been wise, they are constrained to acknowl-
edge that it was at least fortunate. If the dan-
gers to which our commerce was then exposed
rendered the measure proper, how can gentlemea
seriously contend that while those dangers con-
tinue, it ought to be removed, without proposing
some more efficient measure as a substituiel

We are told, however, that the avowed object
of this measure was to secure our property and
seamen from capture, and that it was represented
to the two belligerents as a measure of precaution,
not as a measure of coercion or hostility. It is
in its nature a Jirecauliooary measure, and it was
the duty of the President lo represent it in that
light to foreign Governments; and whatever in-
conveniences may result from it, ihey cannot, by
the law of nations, consider it as a measure of hos-
tility. Yet the gentleman from Connecticut tells
us triumphantly that it haii not only failed to pro-
duce an^ effect upon foreign nations, but that it
never will operate as a measure of coercion. If
the gentleman does not think this measure the
best that can be devised, and that some other
would better suit the present state of things, it is
certainly his dutjr to propose it, and not to press
a negative proposition calculated merely to cen-
sure, to find fault. I sincerely lament that this
measure has not been productive of all the good
effects anticipated. But, sir, although it has not,
owing to numerous evasions and violations, to-
gether with other causes, induced foreign Powers
to discontinue their depredations and restrictions
upon our commerce, it does not necessarily fol-
low that, if persevered in and properly executed,
it would not produce this effect. It is some con-
solation to the friends of this measure thai it has
been productive of some good. It has prevented
a larEe portion of our property from falling into
the hands of the belligerents, it has preserved
peace and afforded us time to prepare for war, if
this sad alternative must be resorted to. The

Sen tie man from Connecticut and the gentleman
'om Massachusetts do not appear lo agree as to
the effects of this measure. The gentleman from
Connecticut contends that it had no effect, while
the gentleman from Massaeiiu setts informs un
that it had a very considerable effect on Great
Britain in Mayor June last. Kit has at any-
time had an effect upon either of the belligeients,
it tiroves at least tbat iis advocates did not mis-
calculate as much as the gentleman from Con-
neciicul would induce the world to believe. The
gentlemen have cited a French M^posi, to prove
that the embargo is approved by that Government;,
ibis document I have never seen, and cannot,
therefore, comment on it; and the gentleman
might have proved by Mr, Canning's letter, that
Great Britain is not dissatislied with it, if the
sincerity of such declarations is to be confided tn.
The gentlemen have not explained their object
in referring lo this document; was it lo prove

.yGoogIc

HI8T0RT OF CONGRESS.

46

NovEMies, 1808.

Sbhatb-

[ha( it did not operate on France, but did upon
Oirat Britain, or that it bad no eSect upon eitber?
If ii was their design to prove by ihis document
ibal France is reconciled to bear Ihe inconveni-
ences of ibis measure berself, on account of its
more seTere pressure upon ner eoemy, which
may be the fact, it establishes the Tcrf reverse of
what the geniiemeii contead for. They bare
eudeavored to prove that it has had oo effect, nor
will have any upon either. We have bceo told
that we have been commanded by one Power to
make war upon the other; that it has been the
policy or both belligerents to draw us into the
coQtesE, is evident ; and if our embargo has ena-
bled us to resist their dictatorial mandates or in-
sidious policy, it is forlUDBle /or ibis country. It
has been said that we bad as well give up our i
ships to the enemy as lei them rot in our har-
bors. I think very difierently. I would rather
have them sunk in the ocean than give them up
to enrich our enemies. There is something of
principle concerned in this. [Mr. Lloyd said lie
had not expressed this idea ; he had said that it
affected the national wealth no more that the
vessels should l>e lost at sea, than that (hey shculd
rot at the wharves.] Mr. P. said he coosijered
the present contest, between us and the bellig-
erents, not merely as a question of proSl and loss;
there was something of principle, honor, and in-
dependence at stake, and be was not disposed to
calculate honr much money would be gained by
succumbing to a foreigo Power. This is not the
question with Congress or the nation. After the
manner of the gentleman from CaDneelicul,wha
was fond of illustrating bis ideas by very familiar
examples, I will suppose that gentleman was in
the habit of dealing largely with two merchants,
A and B; that the intercourse between them
was mutually advantageous; these merchants
suddenly quarrel; A tells him he shall not trade
with B, and that if he attempts it he will stop by
force, and roh him of what he mav be found car-
rying to B. B tells him be shall not trade with
A, under sitnilar pains and penalties, ualesi be
will first ;go to B and purchase of him a license
to deal with A; what would the gentleman do 1
I ptesume he would either chastise both for their
Insolence and injustice, or, if that was not conve-
nient, he would tell them 1 will have no inter-
course with either of you. He would certainly
resist theii insolence and Injustice by force, dis-
conltQueall intercourse with them, or submit to
their terras. IVould the gentleman in such a
case calculate whether it would be his interest lo
submit to the disgraceful conditions of B, who
happened to be the stronger of the two, than bear
the inconveniences resulting from a non-inter-
course? Would the gentleman submit to dis-
graceful conditions for the pounds, shillings, and
pence he would make by a renewal of intercourse
with them? I presume he would not. Qreat
Britain and Prance, in dcQaoce of all law, jus-
tice, and right, have, by their decrees and orders,
interdicted our trade to a vi'iy great extent.
Qreat Britain, however, will permit us to trade,
provided we will agree to pay her for the privi-

lege. Now, sir, it appears to me that we must
resist their decrees and orders by war, non-inler-
course, or we must submit. Are we (o be told
that honor and iodependence are out of the ques-
tion, and that we ought to submit to disgraceful
conditions fur the sake of trade, because we shall'

myself may differ in other respects, I concur with
him in opinion that ne have nothing to hops
from the friendship or justice of the belligerenla,
and that the most efficient means of coercing
them is by operating on their interest. If, (hen,
bis position be correct, that our only means of
bringing Great Britain to terms is to affect her
interest, and if it is true, as is generally bplieved,
that our commerce is very advantageous to Qreat
Britain, shall we not, by suspending that com-
merce, operate on her interest, and will not her
interest iriduee her to do us justice, in order to
renew il ? Thegeotleraan (rora Connecticut has
told us that our embargo, with the aid of a non-
importation act, would produce no effect, because
the West India planters can convert Iheir susar-
planialions into cornfields, and tbal therefore tney
could not be starved. Does the gentleman sup-
pose any man of common sense ever believed
that this system of starving, as it has been called,
would destroy the belligerents? No, siri it was
expected lo operate upon their interest — [he only
way in which the gentleman tells us they can
be coerced. If, as the eentlenan supposes, the
West India planters will he compelled by our
embargo to employ (heir capitiil and land in the
culture of corn in order to subsist, will they not
be materially injured by it? Will not the ship-
ping interest engaged in carrying West India pro-
duce to Europe he injured, and will not the con-
sumers in Ihe mother country be injured by a
rise in the prices of West India produce, inde-
pendent of the injury to the Governmenl on the
score of revenue 7 If it had been the interest of
the su^r planters to employ any portion of their
capitalin raising corn, it is wonderful they have
never before made the discovery. The gentle-
man from Connecticut has also informed us that
there islands can be supplied from Other coQn-
tries. If other countries can supply the West
Indies wilh those articles which they have here-
tofore received from the United Stales, 1 would
(hank the gentleman to Inform us why those other
countries have not rivalled us iu this market; for
it is not a new one ; it has been known a great
length of time. Those countries from which
these islands can be supplied must have been, I
presume, employed heretofore in more lucrative

Eursuits; and, according ti a. position advanced
y the gentleman himself on the subject of

lufactur

, thus

other (

>uld E

be induced to abandon suddenly their present
pursuits, in order to supply the West India roar-
Eet. If Great Britain can procure these supplies
elsewhere, it cannnt be her interest (o do so, be-
cause it is not presumable that she can procure
them on as good terms as from the United States.
The gentleman has informed us that Great

.yGoogIc

47

mSTOET OF CONORESS.

Sekatc.

Briiain can be supplied wiih coiion from ihe
Easi Indies and oiher counirieK. 1 will ask Ilie
genllemaa if Great Bricaio can procure litis ar-
ticle from the EhsI Indies and other couDiries in
sufficieot quaniity, and on as good terms as from
the UoileJ Siales7 If she cannol. which I sup-
pose to be the case, she must feel our embargo in
iier manufactures — one of the vital sources of
faer strength and prosperity. We arc told that a
naD-importalion act wonid have no effect, because
it could not be enforced; smuggling would be
carried on to a very great extent. That a doq-
imporiBtioD act would, like all other laws, be pai-
■ lially violated, was lo be expeirted. Every law
is violated, but wiih due vigilance such a meai-
ure could be enforced to a very great ~

This

jukI i:

; be efficien

soys

ntlemao, because Great Britain will find
Eel for her manufactures in New Spain and
South America. I will ask the gentlemen, whe-
ther South America has not beeu supplied hereto-
fore with British manufactures to a considerable
extent, and docs the gentleman seriously believe
ibal she would find a market in that country
for tbe immense quaniity of her manufactures
hilherto consumed in the United States?

Although the gCDtletnaa has not, in bis ,resalu-
lion to repeal the emhargn, proposed a substitute,
be intimated in his argument that we ought to
arm our commerce against all nations. lam not
prepared to say that 1 will adhere to this embargo
■ysietn if a better can be devised; but before I
embrace a substitute, I must be informed how it
is to operate; the gentleman must therefore ex-
cuse me for propounding a few questions to him
in relation to this measure. I wish to be informed,
would not such a measure he war with France
and Great Britain, or should we not by such a
measure put it in the power of the commercial
interest to embroil us with which nation tbey
pleased 7 Is it probable that our merchants would
run tbe risk of fighting their way to the Conli-
neiit of Europe, with loaded vessels, in defiance of
(he British navy 7 Is it not more probable that
Great Britain would have agents in this country
10 sell licenses to our merchants to trade to the
Continent, and would notour merchanisfor their
own security secretly purchase and trade under
those licenses? If the object of Great Britain
be a commercial monopoly, and we remove our
embargo, would It not be in tbe power of the
British merchants, by a secret understanding
with, and the connivance of their Government,
by agents and secret partners in the United States,
to carry on the very trade to the Continent which
Great Britain interdicts to us? I have been led
ID make these inquiries by reading the memorial
of the raerohanis of Baltimore, presented to the
Government in ISOG, respecting neutral trade,
and which was signed by men of all parties, in
which it was positively charged that the object
of Great Briiain in harassing our trade, was to
cripple American commerce and promote her
own, and that she granted licenses lo neutrals to
cany on the trade which she iaieiiiicted. ■! will
lead it :

tbargo. NovEHsea, 1808.

" It hu been aaid that, by embsiUng in the colony
trade of either of the' belligerents, neutral nation*, in

some sort, interpose in the war, since they asaist and
serve tbe Leiligerent, in whose trade they so embark.
It is a sufficient answer to this obaervation, that Ihs
■amc course of reaeoniog would prove that neutrali
ought ta liiBcontinuc all trade vrhstaoever with thepa^
ties at war. A continuance of their accustomed peace
trade assists and serves the belligerent with whom il ii
continned; and if this effect were sufficient to mike.a
trade unneutral and illegal, the best established and
moat useful traffic noutd, of CDuree, become so. Bat
Great Britain supplies as with another answer lo this
notion, that our interfsrenee in the trade of the colo-
nies of her enemies is unlawful, because they are ben-
efited by it. It is known that the same trsile is, and
long has been, carried on by British subjects, and your
aemorialists feel Ihemselves bound lo slate that, accord'
ing to authentic information lately received, the Gov-
ernment of Great Britain does, at this moment, grant
licenses to neulta! vessels, taking in a proportion of
their cargoes there, to proceed on trading vojages to
the colonies of Spain, from which she would exclude
us, upon the cDodition, that the rcturo cargoea shall
bo carried to Great Briiain to swell the gains of her
merchants, and to gire her a monopoly of lbs com-
merce of the world. This great belligerent rigbl, then,
upon which so much has been supposed la depend,

hostile instrument, wielded bj b warlike Stale, by
which ber enemies are to be wounded, or Ibeur cotoniee
subdued, but as the selfish means of cotnmercial sg-
grandlzemcnt, to iho impoverishment and ruin of bar
friends ; as an engine by which Great Britain is to b«
lifted up to n vast height of proiperity. and Ihe trade
of neutrals crippled, and cm^ed, and deslruyed."

According to the couisc of reasoning adopted
by Ihe eentleman from Connecticut, the object of
Great Britain in blockading tbe Continent is not
to starve it; it must iberefore be to secure to her-
self the benefit of nil ibe commerce carried on
with ihe Continenin! Powers. In such a state of
things, while those who were trading under the
licenses of foreign Governments were making
their fortunes, tbe honest Americans, who would
not consent to degrade their country by naviga-
ting tbe ocean under the protection of any Gov-
ernment but their own. would be plundered by
both belligerents. If we are lo consider the bel-
ligerent nations as pirates, no longer bound by
those principles of public law to which civilized
nations have biiherlo subscribed, and are pre-
pared to purchase our rights on the seas, let ut
do it as a nation, by paying iliera a sum in gross,
anii thereby place our ciiizens on equal ground.
We are lold that wc can carry on a considerable
commerce with countries not within tbe scope of
the decrees or orders of the belligerents. This
argument is specious and captivating, let us ex-
amine it, for I feel as much solicitude as the gen-
tlemen in the opposition to remove this embarj^o
whenever it can be done with proprieiy ; on this,
as well as on the subject of an armed commerce,
the gentleman will pardon me for requesting in-
furmaiion. If we remove our embargo as le
Poriugal and olher places to which our trade is
not iotbidtcted, andby a taw declare that ourcii-

.yGooglc

HISTORY OF CONGRESS.

50

NoTEMBsa, 1808.

7%e Embargo.

Senate.

izeni sbnll (tade only lo ihoie fioanlries permtlled
by the bellicerenis, would not thai be submisiiaD
to tbeir oiUErs and decrees ; Bad if we upen our
porta, *nd ^e^l^ict uur commerce to ihose coud-
iries, could we ever »nerwards hope for a relaxa-
lioa of the British Orders of CouDcil? Would
□at Qreat Britain have every inducement to per-
petuate such a state of things, which would af-
ford 10 her the bene&ti of our commerce without
(Is incOQveniencM?

The geDtlemaD from Connecticut baj ioform-
ed us that (he object of the Admioistratioa, in
adopting the present system, is to put down com-
inerce and promote roaaufaclures.

If the Administration has any concealed mo-
live for this measure, I ara a stranger to it. It
is well known that it has been a favorite object
with the present Administration to pay the pub-
lic debt, and it would be sIriDge indeed that it
should pursue a-rysiem which cuii off our only
source of revenue. ThiR conjecture of the gen-
tleman 13 too imfirobahle to require a serious ref-
utation. On the policy of promoting manufac-
tures I shall make but a few remarks, as it will
hereafter be a subject of distinct consideration. I
have supposed thai it would be sound policy in
Ibis Qovernment to diminish, in some degree, the
indocemenlsnow held out to our citizens to em-
bark in foreign commerce, and induce them to
invent their money in the interior; i he increase
of maoufacturi'* would lessen our dependence on
foreign nationi. and render us more dependent on
each other. There would be more intercourse
between the people of the diSerenl States, which
would tend to nationalize u>, and give more
itrenglh and permanency to the American Union.
To what exienl this policy should be carried, I
am not now prepared lo say. A ditiinclion has
been taken between native and foreign commerce,
or what is more commonly colled tbe carrying
trade. The policy of encouragins our citizens
to participate in tbe carrying trade is one thing,
our maritime rights is another. The gentlemen
in the opposition complain that thin measure bears
peculiarly hard on the commercial States. On
the subject of commerce, as all others of aalinnal
concern, I am disposed to consider the United
Slates as an integer, and to forget Ihe Imes of par-
tition by which we are separated into diBerenI
Stales and district!:, for the purpose of internal
governnieni; but as the genileman have con-
trasted the commercial with the agricultural
Stales, iam williagio meet them. Ihad thought
that this measure, if lis pressure was greaier
upon one part of ihe country than another, oper-
ated more severely upon the growers of cotton
than any oth er part of ibe nation, and they ought,
i( InQuenced by pecuniary eonsideraiions, to be
tbe first to complain. The people I represent are
an agricultural people, and I ask the geotleniaa
of what importance if is lo ihem whether their
produce is carried in foreign or American ves-
aeltl For what are the agricultural people now
suffering, hut to maintain our maritime rights.
Sir. we are willing to discard all calculations of
profit or loss, and make a commoD cause with

our brethren of other States in defence of our
national rights and independence.

It appears to me, rir, thai the commercial peo-
ple ought to be the last to complaio. Our Gov-
ernment has imposed di^crimioating tonnage du-
ties, to give our own vessels an adtantage in our
own ports over foreigners. We have remitted
the duties OD foreign articles imported inlo the
United States, intended for exportation. Our
Qoverament has evinced every disposilion to
foster commerce and maintain our maritime
rights. We are told that the people are opposed
to Ibis measure. To the voice of a free people I
shall always bow with reverence. But, sir, it
ouebt to be remembered that in this country iha
will of the maiority must prevail ; it is a funda-
mental principle of our Government, and if we
are to judge from recent events, a great majority
of the nation are in favor of this measure. We
are informed, and it has bren iniimnied on this
Qoor, that rebellion in llie Eastern Staies will be
the probable consequence of perseverance in this
measure. Arc we to be driven from Ihe course
dictated by the public inleresl by alarms of Ibis
sort? Are we to be cold by a minority that we
must recede from the ground we have taken ; ihat
we musi admit the Government has not sufficient
energy to enfurce its authority, or that tbcy will
rebePf Will gentlemen inform us who Ihey are
that are prepared to erect the standard of rebel-
lion against their own Governmenl on the very
graves of the brave Bostonians who first raised
the standard of American independencel Tbef
must be some new people who have obtruded
themselves upon our shores; they cannot be Amer-
icans; I will not think so unworthily of my
countrymen. I believe the American people are
generally attached to their Government; I trust
it is but the clamor of the moment, which will
cease the moment the will of the Government
shall he decisively arid constituiionally expressed.
Il has been frequently said that Grtal Britain is
fighting for Ibe liberties of the world; that she
is the only harrier between France and universal
dominion, and therefore that our weight ought to
be thrown into the scale of England, to assist
her in tbiit mighty conflicl. If our friendship is
necessary to England, ought she not to entitle
herself to it, at least 10 do us justice and respect
our rights 1 Shall we submit to insults and indig-
nities from Great B:itain to induce her lo save
us from subjugation by Francel Shall we ad-
mit fur a moment that we cannol maintain out
independence? The geniiemen in the opposi-
tion have protested aijainst submission ; ihty iiave
not declared themselves for war; if they are for
il, I hope ihcy will avow it; they have proposed
no subsliiule. 'I am not prepared to say how
long good policy will justify a continuance of the
present system; but, i-ir. 1 am ready lu declare
that 1 will adhere to it until a belter can be sub-
stituted. If it be true, as the gentleman from
Connecticut has informed us, that the most effi-
cient means of coercing Great Britain, is to af-
fect her ioierest, and if it be tiue that our embar>
go will coibpel the West India planters lo cod-

.yGooglc

mSTOKT OF CONGRESS.

, Senate.

NOTBMBER, 1808.

vert iheir su^r planiaiJoas into comfielils for
subsistence; if il wiU produce a scarcity of cot-
loo ID Great Britain, or enhance the price ; if by
a non-impoTtation act we can deprive her of a
marlcei for i large portion of her maDufactures.
the present syalem, with the addition of a non-
importation act, if firmly adhered to, and well
eiecuied, may hare the desired effeci. When I
cast my eyes orer these Slates, and observe the
freedom and happiness they enjoy, I feel con-
strained to pause, before 1 coQsenI to lake a step
wbicii will involve them in the calan
war. When I consider the peculiar cha
the contest between the two great belligi
Europe, 1 feci very unwilling lo be dra
the vortex, lest the fate of this happy nation may
become too closely connected with the destiny of
one or the other of these contending Potvers. At
the same lime that I consider it my duty to maki
war the last alternative, I know the America!
people would prefer to meet it, rather than sub-
mit to a sacriuce of their national indepeadence.
The conduct of the belligerents, and the stale of
OUT country, furnish strung reasons for believing
that the period is nut distant, when this alterna-
tive must beaccepleJ. if the present system should
prove inefficient. I hopel have not,in the warmth
of debate, violated that decorum which the dig-
nity of the Senate requires to be observed. I
certainly have not intended il. 1 shall conclude
with requesting gentlemen to reflect, thai in tins
hour of dilEculty and danger unanimity consti-
tutes the basis of our national security.

Mr. White. — t have listened with ^rcat pleas-
ure to the genlletnan from Kentucky, (Mr. Pope.)
who has just sat duwn^ but, although eatertaiu-
ed with his eloquence, have not been convinced
by his arguments. I shall not follow him through
iKe New England memorials, nor discuss with
him the policy of n non-intercourse law, as that
is not the question before the Senate; neither
shall I join issue with him as to the apparent ex-
pediency of laying an embargo at the last session
of Congress; but I will endeavor lo show thai
the operation of this measure upon the country,
has beeD such as now calls most imperiously upon
this body to pass the resolution before us. The
importance of this subject is admitted on all sides,
and the anxiety known to exist throughout every
section, and aliuost in every iudividual of the
community, in relation to the decision now about
to be had upon it, is the fullest evidence of the
deep and unusual degree of interest univeraally
felt throughout the country, and attaches to the
vote we are to ffive the highest responsibility.
Such a responsibility I am not willing lo meet
without assigning some of the reasons that influ-
ence mv opinion. And this I shall do the more
cheerfully, a.i I know they will be in conformity
with the sentiments of a vast portion of those
I have the honor to represent. The embargo.
when laid, was admitted to be a mere experiment,
but one which we were admonished not to resist,
as it was to do great things for the United Slates.
It was, in a few months, to reduce the West Indies
to a state of slarvatioo, and to bring the two great

belligerent Powers of Europe lo our feel. In the
prophetic language of the President, it was to
''keep in safely our merchandise, out vessels, and
our seamen, those essential resources;" and we
were lold, on ail sides, by the numerous advocates
of the measure, that it would speedily bring the
French and British Governments to a sen^e of
justice-. But ha^ it, or is it likely to accoojpliah
any of these desirable objects') I grant you, it
has kept our merchandise in safety, if by that was
intended to lock up in our barns and storehouses
all the produce of our country to rot upon out
hands. And as lo our diaraantled, ark-roofed ves-
sels, they are indeed decaying in safety al out
wharves; presenting daily to tbemerchaui a mel-
ancholy memento ol his present or approaching
ruin, and forming a suitable moDument to the
memory of o ' " ' t. . i ._

Gone

icarch of subsistence. ^

that was to preserve them to their country
banished them from it, and many of tbem
forever. Even the vigilance and terrors of out
gunboat navy have not been sufficient to confine
and i-tarve ihem in our ports. But, sir, the most
mortifying disappoiutment we have to HUslaia, is
the total indifference with which this boasted
measure of out Administiation ha*: been tteated
by both the belligereuts. Instead of coercing
them to do us justice, we now know oSicinlly that It
is neither felt nor thought of in France ; and the
British, so far from offering us terms on the sub-
ject, will not even ask us to take it off. Here, I
will beg leave to read a short passage from Mr.
Canning's letter to Mr. Pinkney, of ihe 23d of
September last, sliowing most distinctly the sense
and determination of the British Government on
this subject :

" His Majesty (aays Mi. Canning) sees nothinK ■»
the embBrgo Uid on by the President of the United
States of Angelica, nhich veries this originsl and sim-
ple state of the question. If considered as a measure
of impartial bonlilily against both belligerents, the em-
bargo appeara lo Uig Majesty to have been manifeatly
unjust, Bfl, according to every principle of justice, that
ledreas ought to have been first sought from the party
originating the wrong; and His Majesty cannot con-
sent to buy off that hostility which America ought not
to have eitended to bim. at the eipense of a coDcea-
sion made, not to AiDerica, but to France.

" If. as it has been more generally represented
by the Government of the United States, the embargo
is only to be considered as an innocent, municipal reg-
ulation, which afiects none but the United States thcm-
■elves, and with which no foieigii State has any con-
cern; viewed in this light. His Majesty does not
eonceivD that he has the right, or the preteniion, lo
ma^LB any complaint of it, and he has made none. But
in tbii light there appears not only no reciprocity, but
no assignable relation between the repeal by the Unit-
ed States of a moasure of voluntary self-restriction, and
the surrender by His Majesty of hla right of retaliation
against hia enemies."

Here the embargo, as a measure of coercion oi
retaliation on our part, is ofGcially treated by the
British Mioistet even with ridicule; he tanol-
ingly admits, indeed, what is unfortunately too

.yGoogIc

HISTORY OF CONGRESS.

NOTEMBER, 1808.

Sekatb.

(roe. that iiis a reguJation which iffects none but
the United States ibemselvfs, and tells ns ifaRt
His Majesty neither does nor means to complain
of ii. And ilihough the jientlenian from Keti-
lueky informs us, he has not met with, yet I have
seen a recent report made by a Fraach Minister
to the Emperor, in which Ihe embargo is approved
of and applauded as, what it really is, a measure
farorahle 1o ihem, and an act of great self'deaial
on oor part. Under all these circumiiUnces, and
every gentleman here knows the facts I stale lo
becorrpcl, why, in the name of Heaten, continue
ill What beneGcial end can it produeel The
country is, at this moment, bleediDc; at every pare
under it, without the remoiest prospect or prohi-
bilily of uUimalely deriving the least possible
advanlage or security from the measure. And
as it is not amoDs: the lea.st discouraginf; of the
circumstances belnngiag to the present slate of
things, that we are able to make no calculation as
(0 the probable lime when we shall see the eod of
the evil; for, upon the name principle that the
erabai^o is continued now, it may be continued
for twenty or for forty years, or at least during
the war between the two great contending Pow'
crs of Europe, which, I presume, no eenlleinan
here expects will be at an end in the lire of ibe
present Emperor of France, and a« long as an
Englishman exists with the means and courage
to defend the independence of bis country.

I am willing to believe, and do believe, what
the honorable gentleman from Kentucky has just
DOW in snb^iianee declared, that ibe gentlemen
who supported the embargo laws at the last ses-
sion upon this fioor, su^iposed they would be
speedily productive of great and beneficial results
upon our foreign relations ; that they would bring
the two great belligerents, and especially England,
to just and reasonable terms; and that there
would be no occasion for continuing them longer
than till they should be known on the other side
of the Atlautic. But in all this they now see
and know iheirmisiake ; they now know, from the
most authentic sources, that these laws have pro-
duced no alteration in the conduct of either
Fiance or England in relation lo us ; that, in fact,
they are applauded by the one. and treated with
contempt and derision by the other, while we are
ourselves the suffering and bleeding victim* of the
rack upon which we vainly expected to torture

It is the faieof humanity to err; ibe wisest and
liie best of men are liable lo it. And all we aak
ofthese honorable sentlemeD now, is to come onl
openly and acknowledge, in the face of the na-
tion, the egregious miiiakc into which they fell,
and unite with ns in redresiin? the iujurica and
healing the wounds they have so unnecessarily
inflicted upon their devoted country. I make
this appeal to them with the more confidence, be-
cause I know every genllemsn here has too much
character and patriotism to be iuBueneed by the
pride of opinion lo consistency in political error.
1 will submit to you, Mr. President, whether we
have not before Us tufficieut evidence to show that
the AdatinUtration themselves are now convinc-

ed of the impolicy of this measure, and would
willineiy get rid of it, if ibey could do so, con-
EJstently with the character of infallibility they
wish lo preserve in the public opiuioo. I deduce
this conclusion from the offer ihey say ihey have
recently made to the British Oovemment to take
off the embargo as lo them, and to continue it as
to France, provided they would rescind their Or-
ders of Council. An offer, which, if indeed made
unencumbered with other terms, is a complete
acknowledgment of a conviction of error on the

Earl of the Atlmiaistration ; because, after they
ad subjected ihe country to all the depri rations,
and ruinous effects of the embargo for more than
six months, it was coming to the precise ground
we were requested to take in relation to France,
by iheBriiibh Government, a year before the em-
bargo was laid, in the famous note of Lords Hol-
land and Auckland lo Messrs. Monroe and Pink-
ney, accompanying the British Treaty formed by
those genllemea. All they then aiked of us was,
that we should "not acquiesce in the palpable
violation of our rights directed by the Berlin de-
cree if allempled to be enforced ;" and surely they
could not have contemplated mote than that, if
Fiance did attempt to enforce that decree; we
would interdict all intercourse with her, and con-
tinue our commerce with Qreai Britain ; which
would be the very effect of the stipulation recenl-
ly proposed. This proposition from the Briiisli
Qovernment, however, in December, 1606, was
spurned with disdain ; and now, after the country
is half ruined with the experiment of a perpeiual
embargo, such as 1 believe was never before prac-
tised upon any people, wc cundesceod lo beg those
very terms, and they refuse lo grant them. Sir,
the truth is, the Administration must now be con-
vinced that the embargo is injuring no one but
ourselves, and us it must eventually ruin if per-
sisted in. I regret, too. this proposition was made,
because it has furnished lo Mr. Canning an op-
portunity of offeiinga most sarcastic insult lathe
Government of ihis country. He tells Mr. Piuk-
ney in reply to it, thai " His Majesty would not
' hesitate to contribute in any manner in his pow-
' er to restore lo Ihe commerce of the United
' States its wonted activity; and if it were possi-
' ble 10 make any sacrifice fat the repeal of ibe
' embargo, without appearing to depre " '--- -

' ent reslriction upon the American people." Hia
Majesty would not hesitate to contribute in any
manner in his power to restore la the commerce
of the United States its wonted activity, anti if it
were possible, without any sacrifice, for the repeil
of the embargo, would gladly facilitate its remo-
val as a measure of -'inconvenient reslriction
upon the American people.'' I have no faith, Mr-
President, in the sincerity of this profes.<ion ; but
I feel most sensibly the severity of the sarcum,
as applied to a measure of our Administration that
we were confidently told was to bring England
to our own terms.

I will BOW, sir, with (he indulgence of the Sen-
ate, endeavor to examine, as concisely and aa cor-

.yGoogIc

HISTORY OF CONGRESS.

Senate.

NOTCMBEB. I

reclly as I am capable of. ihe operation of the
embargo upon ibe commerce and general ptosper-
ily of the Uoilpd Slates. According to the last
report of [he Secn-tary of the Treasury, it will
be rouQiJ, liiat the goods, wares, and merciiandise,
of foreign growth aod manufaclure, exported
froru the UoileJ States in the year prior to the
first day of October, 1607, nmounied to 859,643,-
558. All the revenue, all the national and com-
mercial wealth that would bare ariseu from thia
TCry extensiTe trade, is completely destroyed by
the embargo; it ia a total loss-tothe couatiy^tbat
CBD DCTcr be recovered. In the same report itap'
peats that the goods, wares, and merchandise, of
domestic growth and manufacture, the actual
produce ol our own country, exported from the
United Slaten, in the same year, amounted to
t4S,699,59S. The whole commercial profits and
naiional wealth that would have arisen from the
exportation anil proceeds of ibis immensely valu-
ble produce is for the present lost to the country.
and a large portion of the merchandi-e, the pro-
duce itself, must be forever lost if the embargo be
long coDlioued. All, or nearly all, the product
thefishericK, amounting to $2,801,000, a« likewi
the agricultural produce of the country, a. few
articles, such at tobacco, coIIod, rice. &e.,
ed, which 1 have not included in this e
amouQliog to 818,531,000, making in the whole
twenty-one millions four hundred and iftenty-five
thousand dollars, that must be forever lost to the
fisherman, the farmer, or the merchant, because
they are articles of a perishable k;ind,such as fish
wheat, flour, Indian meal, flaxseed, beef, pork, dec.,
that will not admit of being kept on hand for
market. So that, if the embargo be now contin-
ued, the coutitry in fact may be said already to
have sustaiaed a clear loss, in her native produce
only, of more thaa twenty-one milliaa of dollars
by the measure, besides (he duties that would have
ariseo from near a million and a half of tonnage
now idle in our docks, and the immense expense
of large detachments of militia, regular troops,
and a fleet of gunboats to enforce the laws. And
hO obnoxious are those laws, that, although to en-
force their execuliou, we have blockaded our owo
ports, and bung our own citizens, they are still
openly resisted by force, and seriously endanger
the domestic tranquillity of the country. But,
sir, ills to be observed that the actual loss sus-
tained during the embargo, is not the only evil
arising from it ; another more permanent is to be
apprehended. It will have the clfect of throwing
the commerce of the world into other and difier-
enl channels ; ofinducing foreign nations to seek
in other countries what (hey have heretofore been
in the habit of purchasing from us^ and what we
now deny them. In the single aitjcle of cotton,
for instance, we now, or did, export more than
fourteen million of dollars' worth annually, and
principally supplied the British manufactories
with this article i but il is well known that the
■oil and climate of the Brazils are equally conge-
nial to (he growth of this crop with our own, and
with due atietitioQ to the cultivation of il, is ca- j
pible of supplyiog abundantly all the manafacto- 1

riet of England. Surely, then, I shall be coireti
in slating, that the embargo is a premium !>aS'
cient to stimulate them to this exertion, and to
enable them ultimately to supplant us in the sale
of this very valuable staple of »ume of our South-
ern States. And the iniimale coniiexion knomn
at present to exist between the British Govew'
men t and the Regency of that country, will great-
ly aid in producing this result.

Now, sir, let me inquire, during the existeiwe
of the present state of things, whence we are U
derive our revenue? A consideration certaiulr
of no small iraponanee to a Qovernmeni depend-
ing entirely for her revenue upon commerce. Oat
commerce is entirely at an end. and of course oor
revenue ; by the way, another loss to the natica
of at least fifteen millions of dollars annually bf
the embargo. This, I know, cannot be feltduriag
the present year, because our Treasury is over-
flowing with the proceeds of the last. But, from
what sources are you to obtain money next year,
for the support of Government, and the paymeni
of the national debt? Are gentlemen ready to
resort to a direct tax 1 No, sir ; they love plact
and power too well. That was once done for ibe
purpose of raising money, I believe, to defend
commerce, and the people on that occasion taught
their servants a lesson that, I presume, will not be
shortly forgotten. The President, I know, in hii
late Message, has given a favorable account of
the present state of the Treasury ; and most kindlf
indeed expresses much concern as to the best um
to he made of the surplus revenue of the next year.
Sir, among all the cares and troubles of bis suc-
cessor, I venture to predict this will not be one of
them ; he will not be plagued with surplus reve-
nue next year. Mr. Jeflerson's overweening anx-
iety for the public good must hare blinded him to
the obvious fact, thai, before hecanbe well warm
in his sent at Monlicello, the revenue now bonded
for will he collected, and as, in consequeoceof the
present abandonmcol of commerce, there will cer-
tainly be no other bonds to become due, it follows
necessarily, in the course of your annual expend-
itures, that, by the next meeting of Congress, yonr
Treasury must be empty; so that, instead of bein:
troubled with surplus revenue, it will require all
the fiscal talents of the next incumbent of the
Palace, be him whom he may, to provide the sum

sential for the support of Government.

The gentlemen who advocate this— I do not
know what to call it— terrapin policy ; I beg psr-
'oo. sir — when driven from every other hold, in-
ariably launch into futurity, and tell us that, if
'e dare to put out our heads in any part of this
'ide world, we shall get them broke ; or, in other
'ords. if we take off the embargo, we shall have
./ar. Laying out of view any comparison be-
tween the probable expense of war, and theactoal
annually sustained by the embargo, the for-
bearing no comparison with the latter, let us

nine, for a moment, what foundation there is

for this assertion, and whether we might not at
this time, even admiiiing the British Orders of
Council 10 have their full operation, carry on
safely a most extensive and valuable com merca

.yGoogIc

HISTORY OF CONGRESS.

NOTEHBKB, 1808.

ITte Embargo.

Senate,

wiih at least ihree-rourths of ibe commercial
world. I ha»e before me ibose Orders in Coun-
cil ; (be ooly restrictive clatise is in the Tollowiiig

■■Hii MajMty is thereforB pl«ueJ, by and with the
idvicB of big Privy Council, to order, and it i» hereby
ordered, that all the porta and placci of France, and
her allies, oi of any othei country at war with Hia
Majeaty, and all othei porb or places, from wbicb, al-
though not at WIT with Hii Majealy, the Britiah flag ia
eictuded; and sll porta or placei in the coloniei belong-
ing to His Majeatj'i enemies, shall from henceforth be
■ubject to the Hme TaMiictioni in point of trade and
naiigation, with the exceptions hereafter mentioned,
as if the same were sctuaJly blockaded by Hie Hajealy's
naTal forces in the laoit strict and rigorous manner."

As much as I condemn and feel disposed to re-
sist these arbiirary regulalinns, ibey certainly do
not iDterferewitb, or in any respect embarrass oar
trade to Hindoiiati, China. Java, Sweden, Gib'
raliar, Eneland, Portugal, Sjcily, the whole extent
oflbe MeJiterraneaD and Atlantic coast of Africa,
Arabia, the TVesIern Isles, and Madeira, Nova
Scolia, Canada, the Spanish, Swedieb, and Brit-
ish West Indies, the Floridaa, Brazils, and all the
test of South America, except Cayenne, as like-
wise the Northwest coast of America. These
countries, too, as will appear by the last report of
the Secretary of the Treasury, receive annually
neatly fonr-fifihs of the whole native exports of
the United States, and are certainly, none of them,
not withstand ing what has been said by the gen-
tleman from Maryland, (Mr. Smith,) within ibe
pntview of the British Orders of Council. That
gealleman, when on this part of the subject, I
will do him ibe justice to acknowledge, told us
he had risen in ^real baste, and was unprepared ;
and, indeed, sir, it would require sreat basle and
gteai want of preparation to justify some of the
ttaiemenis made by the gentleman to the Senate.
Among other things equally eilraragant. he told
us, in the face of the British Orders of Council,
I have just read, that we were now inierdicted by
ihosB orders from any trade with Spain or Por-
tugal ; and, after referrins to Mr. Canning's reply
to the committee of mercnanis. viz : " Ttiac neu-
trals were not now eictuded from [be jwrls of
Portugal and Spam hy those orders," triumph-
aiiily asked us to tell him, as lawyers, whether, if
a vessel engaged in that trade was carried into a
British Court of Admiralty, she would be tried
by Mr. Canniog's conversation with the mer-
chants, or according lo (be law of (be land 1 1
answer ibe gendeman, not as a lawyer, but as a
man of common sense, (bat she would be tried
according (o the law of ibe land. And I wonder
it had not occurred to thai gentleman, as a man
of common sense, (ha(, accurding (o the law of
the land, she must be acquitted. Sir, the express
language of these orders is, "(hat ail the porta
' and places of France and ber allies, or of any
' Other country at war with His Majeaty, and all
' other pofls or places in Europe, ftom which, al-
'thou^b not at war with HIh Majesty, iheSritisb
' flag IS excluded," &c. And will the gentleroan
undertake lo say bere, that Spain aad Portngal

are now the allies of France, or tbat the British
flag is now excluded from their ports? Nu, sir.
The gentleman knows they are, at this niomenl,
waging a most exterminating war with France,
in defence of their very existence ; and that they
derive their principal support and subsistence un-
der (he British flag. There is no man who can
read and understand plain English, and shall ex-
amine these orders, but will tell you in a moment
that the ports of Spain and Portugal, so far from
being within their spirit, ate not now even wi(bin
the letter of them. But, independent of (bis,
there was a special proclamH(iDn of the King,
dated on the 4th of July last, notifying (o the
world tbat the blockade no longer existed as to
the ports of Spain. The advices the gentleman
has been pleased to detail lo us, as received in
private letters from Europe, I shall lake no notice
of; Ibey are entitled to none, unless he will Srst
■ubmit those letters to the Senate, and then we
shall give (o the information iney contain, (hal
weight lo wbicb thecbaracteisof his corresnond-
eD(s, and their means of acquiring correct iuform'
ation may entitle it.

Gentlemen, hy turning to the last report of (bit
Secretary, (o wnich I have before referred^ and I
wish them to examine for themselves, will And,
that of (he $48,699,992 worth of produce and
other merchandise, tbe actual growth and manu-
facture of our country exported from the United
Slates in ie07, we sent

To England and her dependencies in Europe,
Asia, Africa, and America - $27,917,077
To Spain and ber dependencies in Eu-
rope and America - - - - 3,998,575
To Portugal and ber dependencies in

Eutope and America - - • 1,399,616
To Sweden and Swedish West In-
dies - - - - ■ - - 472,666
To China, the East and West Indies,
above,) Af-
tt of Amer-

$35,707^43

Making in (be whole •

Almost four-flnhs of the whole native exports
of the United States for that year, which we
might export nearly as safely now as then, but
for the embargo; for it cannot, it certainly will
not, be now contended, that any part of ibis com-
merce is embraced by tbeBritisti Orders of Coun-
cil; and the French decrees in relation to it, from
a total inability to execute them, are a mere nul-
lity. It is not. (berefore, as has been said, the de-
crees and orders of foreign Powers that have
reduced our country to its present distressed and
embarrassed condition. It is our own folly, the
embargo, tbat now palsies the labor, the energies,
and enterprise of our citizens, and locks up more
than thiriy-tive millions of dollars, the native
produce of our country, to perish and sink upon
our bauds, 1 want to hear, sir, for I hare not
beard yet, bow this enormous, ibis unnecessary,
and ruinous sacrifice of individual and national
wealth, can be justified to (be public. There ii

.yGoogIc

HISTORY OF CONGRESS.

NOTEMRBR, 1808.

no man who holds mote indi^nHnily Ihaa I do,
those Frencb Decrees and Britinh Orders; but,
before my Qod, I Jo most religiously believe that
ihe embargo is a thousand limes more injurious
to our country than they both could be rendered.
Instead of availing ourseWea of ibe irameately
exieasive and valuable commerce now open to U9,
with at least three-fonrlhs of the oommereial
world, it has now become a great favor, if we can
be permitted, by (he President and his gunboats,
to sneak along shore, from one of our ports to
another, with as mucii Sour and pork as we can
eatoa the passage

Sir, ibis is [be next commercial country in the
world to England; we are, in fact, iu this respect,
their only competitors, and while, as at present,
they have ao opporlunily of monopolizing all tbe
commerce of the world, do you believe ibey will
erer a^k you to take ofT the embargo laws T No,
sir. This would be an act of maducss in them,
equal almost to our continuing (hem. They do
not wish (o mee( upon the ocean agaio their in-
dustrious and enterprising rivals. Tbcyare, no
doubt, pleased to :ee us shackling and crippling
ourselves.

Much has been said by the gentleman from
Maryland (Mr. Smith) on the subject of (ribuic,
and in a manner I do not Well under^^tand, unless
it be to reiori upon ihe gentleman his own lan-
guage, ad captandum. I wish it, however, (o he
disdnctLy understood, that no part of the com-
merce, I have undertaken lo show the United
States might now carry on, would he subject to
any tribute. I wish it to be further understood,
sir, that [ would not only see this country clad in
homespUD, but covered in sackcloth and ashes,
rB(her than tha( she should consent (o pay tribute.
I would see every commercial city upon our
shores, and every rag of canvass we hold in
flames, i would see our soil smoking with the
best blood of its inhahltants, and the bones of our
citizens mingled with the asbes of their dwell-
ings, rather than see this people Kubmii to pay
tribute to any nation on earth. [ trust there is
not in either House a member who would not
aooner risk his life, and spill his blood, than give
a vole thai should reduce his country to a condi-
tion so slavish and degrading. And I hope, Mr.
President, that no insinuation bas or will be made
here calculated even lo intimate an idea that the
genilemen of this body who may vote for the re-
peal of the embargo laws^ would subject this
nation lo tribute. Such an insinuation would not
only be unfounded, illiberal, and derogatory of
this fioor, but, in other respects, highly unjustifi-
able.

It lias been asked by the gentleman from Ken-
tucky, why do not those who op|iDsethe embargo
propose some substitute? Certainly it cannot be
expected of us to ofier ourselves a:; the pioneers
of this Administration ; but, in reply to tbeques-
lion, I will refer gentlemen to a confidential letter,
submitted to the Senate a few days past: gentle-
men need not be alarmed, 1 am not goin^ to tell
what that letter contains, if any Bubsiiiute be
necessary, in that is pointed out the one I would

adopt; there is marked a safe, a high, and an
honorable course, ibat, if pursued, without, I be-
lieve, endangering our peace, would add alike to
our national cliamcter and our national wealth.

It has been well observed by the gentleman
from Virginia (Mr. Giles) that it was lime we
had become a nation, that we were nationalized.
The senliraeni was worthy of that gentleman,
and one to which I entirely subscribed. Gut is
the system of which this measure is apprehended
by many to be but the commencement, calculated
to nationalize 7 No, sir; much better calculated,
I fear, to estrange the eitremes of the Onion
from each other, and to familiarize our ideas
to an event, that I deem it almost treason to
think of, and that every honorable and pattiotic
American must view as the most calamitous
curse that could be forced upon this country. 1
beseech gentlemen, therefore, to beware bow they
press this system too far. ThEre is a seclioa, a
very respectable and powerful section of this
country, that, with commerce, is rich and hapjiy ;
deprived of that commerce a large portion of"^ its
population must starve. That population expect,
and, as a portion of the community, have a right
lo expecl, that their only means of subsistence
will he fostered and defended, and not sacrificed
to manufacturing whims or local prejudioes. I
do not mean lo intimnte that the embargo grew
out of either of these causes; but the continu-
ance of it at present, under existing circumstan-
ces, after the galling experience we have hud, and
when it can obviously produce nothing but dis-
tress and embarrassment to ourselves, may eng-en-
der and nurture jealousies that, perhaps, time
will not allay. I believe the people of this coun-
try will submit to any privations for the public
good, but they must first be convinced that the
public eoJd requireatbe sacrifice. It must, itwrill
astonish every unprejudiced and reflecting man
in the community, if this ruinous measure be per-
sisted in, after the experience we have received,
and when we have before us the most conclusive
and irresistible evidence lo show that it Is utterly-
inadequate to the accomplishment of any of the
objects for which it was said to be intended. And
conduct that cannol be accounted for on any rea-
sonable ground, is apt, however unjustly, to be
attributed to unworitiy motives. 1 trust, there-
fore, that genileraen, on their own accounts, will
not reject ihia resolution ; that they will, at least,
first deliberate and look to consequences; that
ihey will feel well the public pulse before, by
this rash piescription, they siagnaie the national
blood.

Mr. Moore said he was not a little surprised lo
hear insinuations of the disaffection of any por-
tion of the people of the United Slates; but the
Senate was now called upon to beware bow they
drove the people iif ibe Eastern Stales to rebel-
lion. The Councils of the United Stales were
not to be inflamed by ihese suggestions; he coulil
not believe them to be well founded ; he could
not believe that the citizens who, in our Revolu-
tion, exhibited such incontestable marks of patrio-
tism, uodet the privations which the peculiar

.yGoogIc

mSTORT OF CONGRESS.

NOTEHBER, 1808.

siinaiioD ofour country rendered necessary, would
Don revolt against llie OoverniDeiit which ihev
themselves had coostiiuied. He held no sucfi
opinion. On the contrary, tie believed thai ttiey
wuuld unite with their fellow-citizens who were
sufferers in ilie coranion cause wiib themselves,
and unite every effort to main tain ibai indepen-
dence they had assisted to gain.

The genilemao from Connecticut had asked, if
the embargo had been productive of the conse-
quences expected to result from it when passed 7
Had it not been more iojarious la the United
States than to foreign nations? It ic certainly
true (»id Mr. M.) that it has n« been produc-
tive of all the effects expected by those who were
its advocates when it passed, bu( it has not bad a
fair experiment. The taw has been violated, and
an illicit commerce carried un, hy .which (he bel-
ligerents have received such supplies as to have
partially prevenled its good effects.

Tbe publicaiioQ.i throughout ihe United States
and (hence in England, that The embargo could
not be maintained, have induced the helTigerents
to believe that we wanted energy, and that we are
too floclualine in our councils lo persevere in a
measure whicli requires privations from the peo-
ple. Under ibese circumsiances, it appears to me
that the embargo has not had a fair trial. I have
ever been of opinion that the only warfare which
we could ever carry on to advantage, must be com-
mercial; and, but for evasions and miscalcula-
tions on our weakness, we should before this have
been suffered to pursue our accustomed trade.

It has been asked whether the embargo has not
operated more on the United States than on the
European Powers? In «'<timating this, it will
be proper li> take into consideration the evils pre-
vented, as well as Ihe injury done by the embargo.
If ihe emtnrgo bad not passed, is it not certain
tfaat ilie whole produce of the United States
would have invited attack and afforded a hail to
tbe rapacity of the belligerent crnisFrs? ir a
few have accidentally escaped them, it is no evi-
dence that, if tbe embargo had not been laid, the
whole would not have been in the hands of the
belligerents. That bolh belligerents have m
fested hostilities by edicts which prostrated
commerce will not be denied by any gentleman.
Great Britain, on a former occasion, passed an
order, sent it out secretly, and before our Minister
was officially noiifled it was in full operatic"
Their late orders included all out commei
which was afloat. Was it not lo be eipeui
that such would have been the policy of Qreal
Britain in this case, and such our proportionate
loss, if tbe embargo had not been laid, and thus
snatched this valuable comroerce from their
grasp?

Great inconveniences are apprehended from
this measure, giving another direction lo com-
merce, and from our losing that to which we
have been accustomed. 1 liave no such appre>
hensions. If, on the contrary, we tamely acqui-
esce, I will not say in [>aying tribnte, for every
one seems to disclaim it — Great Britain, how-
ever, bavinf excluded us from the Coniiimit, if

0 expect

lamely acquiesce, have we i^
that she will uol. as long as she i:

policy 7 Suppose it even to be poli>
cy, adopted in time of war, if we calculate the
number of years she is iu war in proportion lo
the number of years she is ai peace, and suppose
luch a regutatioQ to exist during all her wars, I
lonceive that we have lost our independence, if
we submit for it. It appears to me that, for many
years. Great Britain has adopted new regulations,

' ' ' ' 'ociples to the established law

subversion of lawful neutral
be doubted then, that if it
her power she will totally destroy it.
m not competent lo enter into examination
of the private evils or benefits resulting to com-
merce from the measure of the embargo. But I
will stale a point which, in my mind, is all im-
poitant in this case: When the Revolutionary
war commenced, it was not merely the paying a
small duty ou tea which was the subject of con-
test, for it was connidertd as unimportant; but it
was the right of Great Britain lo impose a lax
without our consent. This is the qut^stion now
in contest, alTeciing our independence, as in for- .
mer times it affected our rights. It is a question
affecting our very existence as a nation. If this
embargo be removed, and that is the only ques-
tion now under consideratioo, no geutleman in
the opposition has slated what he would wish in
its room. Therefore I shall take the question on
the ground of acquiescence on tbe part of the
United Stales in the Orders of Council. Then, I
aiik. will the United Slates so far abandon their
independence as lo subject themselves lo the reg-
ulations of Great Britain and France, and be dic-
iHtoiialiy told that they shall trade to such and
such places only? Shall we admit the right of
foreign Powers to restrict us? If we do, with
what propriety can we at any future day contest
the principle 1 In my mind this is the imporiant
point, and I still remain to form my opinion whe-
ther the embargo is the very best measure that
could be adopted. Yet, to show to the world that
I will not surrender my rights, that I will strug-
gle for our independence, 1 shall certainly vote
against this resolution till I see whether anything
efse can with propriety take its place.

Mr. S. Smith said he did rot rise lo go into the
discussion, for ^ had already taken his share in
It, but to answer one observaiion ot the gentleman
from Delaware. It would he recollected that the
gentleman had some davs ago called for all the
orders and decrees of Ine belligerents affecting
neutral commi^rce; ii would be recollected that
the subject had been pressed upon the Senate yes-
terday, before these documents could have been
received ; thai, at ihe request of a gentleman from
Massachusetts, the gentleman from Vermont (Mr.
Brauley) had withdrawn his motion for post-
ponement; that the gentleman from Massachu-
setts had then spoken, and that he (Mr. Smitb)
had replied to him. I slated facts as ihey oc-
curred to me, wiihooi paper or document, and
asked the opinion of legal gentlemen on the sub-
ject of the operation of the Order* of Conocit oa

.yGoogIc

HISTORY OF CONOEESS.

Spain aod Porlu^al. The geDtleman from Dela-
ware lias underCakcD to decide die question ac-
cording 10 common sense. Common sense is my
guide, sir; and permit me to say iliat, nine tim^s
out of ten, ii is the best guide to fullow; and
though 1 have heard ilieopiDion or the gentleman
from Delaware, I have not changed my opinion
on the subject. I believe that the Bniisli wilt
now exclude our commerce from those ports, be-
cause ihe act of Parliament making permanent
those orders, aulhorizeB the King to modifv them,
as to His Majesty may appear proper. 1 asked

Seilerday whether a proclamation to (his efieci
ad been issued by the King of Great Britain?
The gentleman says, common sense will give the
orders the construction fur which he conleods.
I take the answer of Mr. Canning to the commit-
tee of merchants, and bottom my assertion on it.
Will the gentleman deny that, before the Orders
in Oouocitwere issued, we could, under certain
restrictions, trade to those countries? Yet, Mr.
Canning answers, when asked by these three re-
spectable merchants, who must have had doubts
on the subject, or they would nut have applied for
ioformatioa, '' with American produce they may
go." If they were, as the genifeman contends, as
free to go now as prior to the Orders in Council,
why did not Mr. Canning answer that ihei^ might
go without restriction, instead of limiting thr
commerce to the carriage of American produce '
When Mr. S. SMtTH bad concluded, the Senaii
adjourned.

r, November 83.
THE EMBARGO.

The Senate resumed the consideration of the
motion of Mr. HiLLHOn^E. made on the llih
■tan t, fur repealing the "Act laying an embargo
on all ships and vessels in Ihe ports and harbors
of the United Statas, and the several acts siipple-
mentay thereto."

Mr. dttLWroan said that one of the objects of
the gentleman from Connecticut was, no doubt,
to obtain information of the eCfecis of the embar-
BO system from every part of the United Slates.
This information was very desirable at the pres-
ent time^ 10 assist Ihe Councils of the nation in
an opinion of the course proper to be pursued
in relation to it. A Governme^ founded, like
ours, on the principle of the will of the nation,
which sub:iisted but by it, should be attentive as
far as possible to the feelings and wishes of the
people over whom they presided. Me did not
say that the Repieseoiatives of a free people
ought to yield implicit obpdience to any portion
of the people who may believe them to act erro-
neously; but (heir will, when fairly expressed,
ought to have great weight on a Government
like ours. The Senste had received several de-
scriptions of the effects produced by the embargo
in the eastern section of the Union. A« the Rep.
lesentative of another extreme of this nation, Mr
C. said he conceived it his dut^ to give a fair.
faithful, and candid representation of the sen li-
meals of the people whom he bad the honor tc

represent. It was always the duty of a Repre-
sentalive to examine whether the eOecls expected
from aoy given measure, had or had not been pro-
duced. If this were a general duly, how much
: imperiously wns it their duly at this time I
ry one admiited ihat considerable sufferings
have been undergone, and much more was now
to be borne.

Gentlemen have considered this subject, gen-
ally, in a two-fold view, (said Mr. C.,) as to its
effects on ourselves, and as to its effects on foreign
nations. 1 think this a proper and correct divi-
sion of the subject, because we are certainly more
interested in th%effecls of this measure on our-
selves than an other nations. I shall therefore
thus pursue the subject..

It is in vain to deny that this is not a prosper*
ous time in the United Slates ; that our situalioa
is neither promising nor flattering. It is impos-
ible to say that we have suffered no privations
in the year 1808, or that there is a general spirit
of content throughout the United Stales; but I i
am very far from believing that there is a geae-
ral spirit of discontent, menever the measure* I
of the Government immediately affect the inter- I
est of an y considerable portion of its iiiiizens, dis- |
contents will arise, however great the benefits
which are expected from such measures. One
discontented man excites more attention than a
thousand coniented men, and hence the number of
discootented is always overrated. In the country
which I represent, 1 believe no measure is more
applauded or more cheerfully submitted to than
the embargo, It has been viewed there as the
only alternative to avoid war. It is a measure
which is enforced in thai country at every sacri-
fice. At the same time that I make this ileclara'
lion. I am justified in asserting that there is no
section of the Union whose interests are more im-
mediaielyafiecied hylhe measure than the South-
ern Slates— than the Slate of Georgia.

We have been told by an honorable gentleman,
who has declaimed with great force antl eloquence
against this measure, thai great pari nf the pro-
duce of the Eastern country has found its way
inio market ; that new ways have been cut open,
and produce has found its way our. Not so with
us ; we raise no provisions, except a small qiian-
tily of rice, for exportation. The production of
our laods lies OD our hands. We have suffered, and
now suffer ; yet we have not complained.

The fear? of the Southern Slates particularly
have been addressed by the gentleman from Con-
necticut, by a declaration that Great Britain,
whose fleets cover Ihe ocean, will certainly find
a source from which to procure supplies of those
raw materials which she has heretofore been in
ihe habit of receiving from usj and that having
thus found another market, u'bea we have founa
Ihe evil of our ways, she will turn a deaf ear to
us. By way of exemplification, the gentlemen
cited a fi]miliBr example of a man buying bulter
from his neighbors. It did not appear to me that
this butler siory received a very happy elucida-
tion. In the country in which he lives Ihete are
so many buyers and so may tellers of bulter,

.yGoogIc

mSTOKT OF CONGRESS.

NOVBMBEB. 1808.

SEHi

that no difScuIty results from a cbange of pur-
chssera or ■customers. No( so wiih our raw male-
rial. Admitting that Britain can Gnd other mar-
kets with ease, there is still a great distinciioti
between this and (be gcmjeniaii's butter case.
Wbeu a man sella batter he receives money oi
supplies in payment for it. His waoia and wishes
and those of his purchasers are so reciprocal, that
DO difficulty caa ever arise. But Oreat Britain
must always purchase raw materials of those who
purchase ner mBnafaciures. It is not to oblige
us that she takes our raw materials, but it is be-
cause we take her manufactures in eicbaage.
So long as ibis stale of things coDiioues, so
long they will cootiDue to resort to our market.
( have considered the gentleman's argument on
this point as applied to the feelings of [he South-
ern country. No article exported from the United
Slates equals colloa in amount. If then we are
willing to run the risk, I trust no other part of
the United Stales will hesitate on this subject.

Another reason offered by the gentleman from
Connecticut, and a substantial one if true, is, that
not be executed. If this be the

I bad tendency on the muralsof the people. But
the facility with which the gentleman refrresents
these laws to have been evaded, proves that ibe
morals of the evaders could not have been very
sound when the measure was adopted ; for a man
trained to virtue will not, whatever facility exists,
on that account, step into the paths of error and
vice.

Although f believe myself that this measure
has not hieo properly executed, nor in that way
in which the situatioa of our country might rea-
sonably have induced us to expect, yet it has been
so far executed as to produce some good efiecl.
So far as the orders and decrees remain in full
force, so far it has failed of the effect hoped from
it. But it has produced a considerable effect, as
I »hall attempt to show hereafter.

In commenting on this pan of the gentleman's
observations, it becomes proper to notice, not an
insinuation, but a positive declaration that the
secret intention of laying the embargo was to de-
stroy commerce ; and was in a state of hostility
to the avowed intention. This certainly is a
heavy charge. In a Qovernmeni like this, we
should act openly, honestly, and candidly; the
people ought (a know their situation, and the
views of those who conduct their affairs. It is
the worst of political dishonesty to adopt a meas-
ure, and offer that reason as a motive for it which
is not the true and substantial one. The true and
substantial reason for the embargo, the gentleman
says be believes, was to destroy commerce, and on
its ruins to raise up domestic manufactures, Tliis
idea, I think, though not eipreuly combatted by
the observations of the gentleman from Dela-
ware, (Mr. Whetb,) was substantially refuted by
ntleman, with great elegance and

him. Thatg

something of sarcasm, applied to the Hol
know how the Treasury would be filled ii
next year ; and observed that the " present io<
lOtbCoN. 2dSEBS.— 3

the

bent of the Presidential palace" would not dare
to resort to a direct tax, because a former Ad'
ministration had dune so and felt the effects of it,
indiouating that the present AdminLstratioo did
not nossess courage enough to attempt it. Now,
I ask, if they dare not resort to a direct tax, ex-
cise laws, and stamp acts, where will they obtain
money 1 in what way will the public coffers be
tilled 7 The gentleman must acknowleJge that
all our present revenue is derived from commerce,
and must continue to be so, except resort be had
to a direct tax, and (he gentleman says, we bare
not courage enough for that. The gentlemati
from Connecticut must suppose, if the geolleman
from Delaware be correct, that the Adminiatra-
tioD seeks its own destruction. We must havf
revenue, and yet are told that we wish to destroy
the only way in which it can be bad, except br
a direct lax; a resort to which, it is asserlea,
would drive us from the public service.

But, we are told, with a grave face, that a dii-
posilion is manifested to make this measure per-
manent. The Stales who call themselves com-
mercial Stales, when compared with the Southern
States, may emphatically be called manufacturing
Slates. The Southern States are not manufac-
turing Stales, while the great commercial States
are absolutely the manufacturing Slates. If this
embargo system were intended lo be permanent,
those commercial Stales would be benefitted by
the exchange, lo the injury of the Southern
States. It is impossible fur us in Sud a market
for our produce but by foreign commerce; and
whenever a change of the liinJ alluded to is
made, that change will operate lo the injury of
ihe Southern States more than to the injury of
the commercial Slate>!, so called.

But another secret motive with which the QoV'
ernment is charged to have been actuated is, that
this measure was intended and if calculated to
promote the interests of France. To be sure uone
of the gentlemen have expressly said that we are
under French influence, but a resort is had lo the
expost of the French Minister, and a deduction
thence made that the embargo was laid at the
wish of Bonaparte. The gentleman from Con-
necticut told us of this eipoti for this purpose;
and Ihe gentleman from Massacbuseiis appeared
10 notice it with the same view.

Now we are told that there is no danger of war,
excepting it be because we have understood that
Bonaparte has said there shall be no neutrals; and
that, if we repeal the embargo, we may expect
that he will make war on us. And this is the

ly source from whence the gentleman could see

y danger of war. If this declaiBiion against
neutrality which is atiriboted lo the Gallic Em-
peror be true, and itmay be so, bis Grallic Majesty
could not pursue a more direct course to effect his
wishes than to declare that our embargo had
been adopted under his influence. And unless
the British Miaisier had more political sagacity
than the gentleman who offered the evidence of
the eiposfi in proof of the char;:;e, it would pro-
duce the very end which those gentlemen wished
lo avoid— a war with Oreat Brilain; for she

.yGoogIc

HISTORY OF CONOEESS.

Senate.

Nov EHBEB, 1808,

would curomeace iheattackcould she believe this
cauDiry under the inAuence or France. I would
just Hs much believe iothesincerily of ihalexpos^,
as Mr. Canning's Eincerily, when he says that hie
Majesty would gladly moke anysacrifice to restore
la the commeroe of the Unilf d States its wouled
Beiivily. No man in ihc nation is sitly enough
to be culled by these declarations ; but, from the
use made of Ihem, we should be led [o think other-
wise, were it not for the exercise of our whole
■tack of chHrily. Now I cannot believe that any
toan in this nation does believe in (he sincerity of
Mr. Canning's expressions, or that Bonaparte be-
lieves that tuc embargo was laid to promote his
interest. I cannot believe that there is any man
in this nation who does candidly and seriously

When we advance to the second proposition,
we are cold in the most posit! veterms.by the gentle-
men from Delaware and Oonneciifui, that this
measure has produced no effect on foreign na-
tions. The gentleman fromMassaebusects barely
admits that at first it had excited some small de-

free of alarm in Qreat Britain for a shoit time.
cannot believe thai gentlemen wish to be under-
stood literally when they tell us ibis. It can
be oothine more than a figure of rhetoric. It can-
not reallylte meant that the embargo lias produced
no effect. The gentleman from Massachusetts
gets over it by saying that insurrections among
ber manufacturers were familiar to him ; be had
always heard of tbem. But, sir. I do not recol-
lect to have heard of any Insurrection, of the kind
to which I allude, having taken pUce. Tbey
haveat times heretoforebeen disorderly indeed, but
in the late case it was a peaceable assemblage of
laborers, not intending to overthrow the Govern-
ineui or to resist the laws, hut to show the abso-
lute state of starvation with which they were
threatened. There has been nothing of this kind
within my recollection before. We have heard
of mobs and riotous tumults; but in the present
case no moremeni was made by these unfortunate
people to disturb the Governmeni, With a de-
gree of faciUiy which eiciled my astonishment,
the gentlemen tells us that if 100 principal man-
ufacturers should be reduced to bankruptcy, and
50,000 mechanics should be turned out of em-
ploy, this would but strengthen the army and navy
of the Brilith nation ; thai, when you efleci Great
Britain most seriously, you do her a benefit. Pur-
suing this argument a liltle farther, suppose 500,-
000 should be unemployed, the arm of the nation
would be so much the more strengthened, and the
more it would enable ber to enforce her arbitrary
maritime regulations. I see no conclusion to
which this argument would lead us. but to this ;
that as you destroy her manufactures you make
her powerful. If the effect of destroying her man-
ufactures was to be simply that which the gentle-
man conceives, of arming ber vessels and Siling
the ranks of her armies, it possibly might promote
her strength. But these people must be clothed
and fed, whether in the sea or land service, and
must also bare a little pay. If all her manufac-
turcsare destroyed, where is she to obtain ibesum

of money necessary to pay, clothe, and feed ihrtt
people. Sir. we affect them vitally by affecting
their manufactures; for by the export duty on
these, and imports on their returns, they obtain
tjreal part of their revenue. If they export noth-
ing I bey can Import nothing. This conclusion of
the gentleman from Massachusetts cannot there-
fore be correct.

The gentleman from Massachusetts says, it ii
true thata considerable alarm was excited in Eng-
land when the news of the embargo arrived there;
that they had been led to believe, from their wri-
ters and speakers, Ibat a discontinuance of tbeir
intercourse with this country would be productive
of most injurious consequences; but that they
were now convinced that all their writers and
statesmen were mistaken, and that she can suffer
a discontinuance of intercourse without beio^
convulsed or suffering at all. To believe tliii ,
requires a considerable portion of credulity, es-
pecially when the most intelligent men affirm to
the contrary. In the last of March or the first of
April lasl,we&nd,onaD examination of merchsDli
at the bar of the British House of Commons, tbi:
the most positive injury must result from a con-
tinuance of non-intercourse. It IS not possible ihil
our merchants on this side of the water, however
intelligent they may be, can be as well acquainted
with iTie interests of Great Britain as her most
intelligent merchants. This alarm howerer, ibe
gentleman has told us, continued through the
Springand dissipated tn the Summer. It is vet;
easy to discover the cause of the dissipation of
this alarm. It was not because the loss of inter-
course was not calulated to produce an effect, but
it proceeded from an adventitious cause, whicb
could not have been anticipated — the rerolulico
in Spain; and there is no intelligent man who
will not acknowledge its injurious effects on our
concerns. No sooner did the British Ministers
see a probability that the struggle between the
Spanish pairioisand Prance would be maintained,
than they conceived hopes that they might find
other supplies ; and then they thought they might
give to the people an impulse by interesting the
nation in iheaffairs of Spain, which would render
lighter the effects of our embargo. This is the
cause of the change in Mr. Canning's language;
for every gentleman in the House knows thai a
very material change look place in it in the latter
part of the Summer. If then the embargo hat
not produced the effects calculated from it, W«
hive every reason to believe that its failure to pro-
duce these effects has been connected with causes
wholly adventitious, and which may give way if
' If however

it, I am not in favor of continuing any measure
of this kind, except there be a probability of iti
producing some effect on those who make it ne-
cessary for us to exercise this act of self-denial.
When I first saw the account of the revolution Jo

saw the itand mad« by the Spanish palriols,! wM

.yGoogIc

HISTORY OF CONGRESS.

November, 1

Sbhatb.

spprebeDsire thalitmi^ht buoy; up the British
oation lender (he sufieriDgs arising from (he ef-
feels of ihfir ioigoiloos orders, whicb, compared
with the suflering! which we ourselves hive home,
havebeeDBsanbuudreJ loooe. Iftberebeevidence
that ihe effects of this measure will yet be coun-
leracted by receoi events in Spain, I will abandon
it, but its subsiiinie should be war, andnoordiuary
war — I say ibis notwithstanding ihe petitions in
(be other branch of the Legislature, and the reso-
lulioni of B Slate Lpgialature which have lately
been published. When I read the resolutions,
called emphatically the Essex tesolutious, I blush
for the disgrace they reflect on my country. We
are lotd there that this oation has no just cause of
complaint against Oreai Britain ; and that all out
compiaiots ore a mere pretext for war. I blush
that any man belonging to t!ie great An
family should be so debased, so degraded,
to every generous and national feeling,
a JeclaratioQ of this kind. It ' ' '
uatiooal character.

We are told by the gentleroan from Connecti-
cut, not, to be sure, in language equally airong
with that of the Essex resofuiions, tbai the repeal
of Ihe embargo will not involve ui in war, unless
indeed Bnnapartc makes war on us; that wc are
not driven to that alternative; that we have yet
an honorable and lucrative trade left open to us.
The same genllemnti has said that he will not.
consent to go towar for rights not well established,
but that he will never abandon a neutral right
whicbJK clearly established. From thisitwould
appear that the gentleman thinks that the British
Orders in Couneilarenoinfringement on the rights
of neutral raiions. [Mr. HiLLHOt^sB said he did
not say so.] I did not say that the gentleman
■aid so ; but I drew the inference from the gen-
tleman's position. [Mr. HiLLROosB observed that
he bad said that he was doubtful whether the na-
tion should CO to war for doubtful riehls; but for
rights clearly indispalable he woula permit the
arming of our merchant vessels.] The gentle-
man's explanations, Mr. Chawforo said, did not
change the inference be had before stated. He
admits that he said that a repeal of the embargo
would not Involve the nation in war; and that
in support of rights nut clearly established, he is
not prepared to say whether he would go to war
or not. I here understood the gentleman to al-
lude to that portion of trade carried on hy export-
ing the produce of enemies' colonies to foreign
countries. I had thought that the right of an in-
dependent nation to trade with the whole world,
except' in ports absolutely blockaded, or in articles
contraband of war, was a right which could not
he denied, a right in which no nation had hereto-
fore attempted to control another. The gentleman
from Connecticut says he will not go to war for
doubtful rights; and, thai he will not go lo war
against.the Orders in Council. lean draw no other
inference from these observations, than that the
gentleman conceives that the Orders Id Council do
not infringe our neutral rights; or, that all our
rights are doubtful.

How are these orden and decrees to be opposed

but by war, except we keep wilboul their reach ?
If the embargo produces a repeal of these edicts,
we effect it without going to war. Whenever we
repeal the embargo we are at war, or we abandon
our neutral rights. It is impossible to take the
middle ground, and say that we do not abandon
them by trading with Great Britain alone. Yon
must submit, or oppose force to force. Can arm-
ing our merchant vessels, by resisting the whole
navy of Great Britain, oppose force to force 7 It
is impossible. The idea is ab.turd.

By way of ridiculing the embargo, the gentle-
man from Connecticut, in his familiar way, has
attempted to expose this measure. He elucidaietl
it by one of those familiar examples by which he
generally exemplifies his precepts. He aays your
neighbor tells you that you shall cot traoe with
another neighbor, and yon say you will not trade
at all. Now this, he says, ia very magnanimona,
but it is a kind of magnanimity with whicb he
is not acquainted. Now let us see the magnanim-
ity of (hat gentleman, and see if it savors more of
true magnanimity than our course. Great Brft-
ain and France each say that tve shall not trade
with the other. We say we will not trade with
either of them, because we believe our trade will
be important to both of them. The gentleman
saya il is a poor way of defending the national
rights. Suppose wc pursue his course. Great
Britain says we shall not trai3e to France; we say
we will not, but will obey her. We will trade
upon such terms as she may impose. '■ This will
be magnanimity indeed; this will he defending
commerce with a witness I" It will be bowing
Ihe neck to the yoke. The opposition lo taxation
against our consent, at Ihe commencement of the
Revolution, was oot more meriiurious than the
opposition to tribute and imposition at the pres-
ent day. I cannot, for my soul, see the difference
between paying tribute and a tacit acquiescence
in the British Orders iu Council. True, every
gentleman revolts at paying tribute. But where
IS the difference between that and suSering your-
self to be controlled by the arbitrary act ofiinolli-
er nation 1 If you raise the embargo you must
carry your produce to Great Britain and pay an
arbitrary sum before vou cao carry it elsewhere.
If it remains (here, tne markets will be glutted

that at least four-Gfihs of our whole exports of
tobacco must go to England and pay a tax before
we could look for a market elsewhere, and that
out of seventy-five thousand hogsheads raised in
this country, not more than fiTteen thousand are
consumed in Great Britain. Where does the re-
mainder usually go 1 Why, to the ports of (he
Conlinenr. lask, (ben, if the whole consumption
of Great Britain be but fifteen thousand hogs-
heads, if an annual addition of sixty ihouiiand
hozsheads be thrown into that market, would it
sell for the costs of freight 1 Certainly not The
same would be thesituation of our other produce.
But the gentleman aava that he is not prepared
to go to war for doubtful risihta ! What are these
doubtlHil rights? Has the law of nations ever i»*

.yGoogIc

71

HISTORY OF CONGRESS.

SiK&TE.

NoVEMBIill, 1808.

MTdieted the trade wilb enemies' colonies, against
(he interruplion of which the Americao merchaots
lately remonstrated wilh so much force and per-
■picuily 1 For the informalion of iha Senale I
will read a part of the memorial presented by the
merchants of Boston. For my own pan, 1 hi
never considered it h tnatler of much importance
whether we have suSered more from France <
Great Britain. I have long been conrinced thi
both nalions intended to do us all the evil they
could; and where there is a difference in the
quantum, it only results from an inabiliiy in ihi
Least mischievous to do more. Bat it is attempted
to be shown by the gentleman from Massachuselti
that there is a great difTerence hetweea the inju-
ries received from one Power, and those which
ire have received from another:

" While ^our memoruliats have witncued, with
. minted feehnge of indignation lewardi the perpetra-
ton and of commiseration of their unibrtnniM coun-
tnrasn, the insult* and barbsrities which the commerce
M these State* have ■u*tuQe<l rrom the cruiaen of
Prance and Spain, it is theur object, in the present me-
morial, (0 confine their animadveruons to the more
alarming, becauie more numerou* and extensive de-
tention* and condemnations of American vesaeli by
Great Britain ; and to advert to the piindplcs recently
avowed, and adopted by her eourta, relative to neutnd
trade in artides of colonial produce. Principles which,
if admitted or practised upon in all the latitude which
may fairly be inferred to bo intended, would ttc destruc-
tivB of the navigation, and radically impair the most
lucrative commerce of our country.

After going into a train of reasoning to shi
that the pretensions of Great Britain are a ma
Test violation of the Deulral rights of this nalii
they conclude by saying :

" But whatever may have been the motives for
jvoceedings on the part of Great Britain, Iho efTec
notorioui. From her recent conduct great Iosbcb bi
been sustained, our commerce has been checked a
Rnbarriisacil, and large quantities of produce are n
remaining locked up in this country which were p
chased for foreign markets, because our merchants ci
not send it abroad, without taking risks on themselves
which prudence would not justily, or without paying
aoch rates for insurance as the trade of the country

This memorial is in support of the very tradi
which the gentleman from Connecticut says he
would not go to war for. Now a different lansuage
teheld by the signers of this petition, under the in-
creased injuries we have sustained ; and lam only
■orry for the character of the United Slates that
this difference uf language has taken place.

The gentleman from Delaware, (Mr. White)
has said, thai, by repealing the embargo, we can
now carry on a safe and secure trade to the extent
of nearly four-fifths of the amount of our domes-
tic productions. There is nothing more delusive,
and better calculated to impose on those who do
not investigate subjects, than these calculalionx
in gross. If ihe genlletnan will take the trouble
to make the necessary inquiries, he will find that
instead of Great Britain lakinz to ihe amount he
anpposeE of out domestic productions, she tabes
nothing like it. It is true that a large propoilion

of our domestic exports is shipped ostensibly for
Great Britain ; hut it is equally true that a very
large proportion of these very exports find their
way into the conliueolal ports. For the British
merchants in their examination before the House
of Commons, already alluded to, say that three-
fourths of their receipts for exporialion to the
United States have been usually drawn from the
Coolioent; and that even if the embargo was re-
moved and the Orders in Council were continued,
they must stop their exportation, because the con-
tinental ports would be closed againiit American
vessels; because their coasts swarm with Eng-
lish cruLsers,the French must know that the Amer-
ican vessels attempting to enter have come from
an English port. That they had facilities of con-
veyance to the Continent prior to the Orders in
Council, the merchants acknowledged; andwhea
requested to explain the modeof conveyance, they
begged to be excused. No doubt every genileman
has seen these depositions, or might have seen them,
for they have been published in almost every paper
on the Continent. They haveopened tomeand to
my constituents a scene perfectly new. They lelt
you that the Berlin decree was nothing. Not-
withstanding that decree, they had a facility of
conveying produce into the coo tineoial ports; but
the Orders of Council completely shut the ports
of the Continent acainsi the entrance of Ameri-
can vessels. Go Inii point there was no contra-
'riety of opinion ; and several of these merchants
declared that (hey had sent vessels to the Conti-
neni a very few days before the date of the Or-
ders of Council. This clearly shows that any
conclusion to be drawn from Ibe gross amount of
exports mu^t be fallacious, and that probably
three-fourths ought to be deducted from the gross
amount. This statement of the gentleman from
Delaware, which holds out to the public the pros-
pect of a lucrative trade in four-fifths of their ex-
ports, will certainly have a tendency to render
them uneasy under the privations which they are
called upon to suffer by the iniquitous measures
of foreign nations. Although the statement was
extremely delusive, 1 do not say that the gentle-
man meant to delude by it. This, however, beint;
the effect of the gentleman's asserlion, I am cer-
tainly warranted in saying that the evidence of
the British merchants who carry on this trade, is
better authority than the gentleman's statements.
Bui admit, for the sake of argument, and on
no other ground would I admit it, that these gross
statements are correct ; and that, at the time the
embargo was adopted, these Orders in Council
uotwiilistBOding, the trade of the United Blates
could have been carried on to this extent. What
security have we, if the embargo had not been
laid, after submitting and compromiiting the na-
tional dignity and independence, that the British
aggressions and Orders in Council would have
stopped at the point at which we find them?
Have we not conclusive evidence to the contrary?
we not officiallv notified ihal the French
leeward islands are declared by proclamation in
state of blockade? And do we not know that
this is but carrying into effect a report of the

.yGoogIc

HISTORY OF CONGEESS.

Ndtemsbb, 1808.

Sbnat*.

committee of ihe British House of Comi
the West India islaodi, io whicb this
recommeDdeil. and in which it is staifd that His
Brilannic Majesty's West India subjpcli ought
to receive further aid by placing the.ie islands in
a state of bioekide 1 1 can see in ihi« measure
nothing but a coniiDuatioo of the system recom-
mended last Winter in this report, and publish-
ed— for the information of the United Stales,!

If the embargo should be repeated, and our
vessels suffered to go out in the face of the pres-
ent Orders in Council and bloekadingdecreeyand
proctamalions, Mr. C. said, they would bat eX'
pose us to new insults and aggreuions. It was in
vain to talk about the roagnanimity of nations.
It ms not that niRKnauimity which induced na-
tions as well as men to act honestly ; and that '
was the best kind of magnanimiif. The very
magnanimity which had induced Ifaem to distress
our commerce, would equally induce them to
off the pitiful portion they had left to us. I
general point of view, there was now no lawful
commerce. No vessel could sail from the United
States without beiog liable to eondemnation i
Britain or France. If tbey sailed to France, Mi
C. said, thejr were carried into Britain; if they
sailed to Britaiii, they were carried into France.
Now, lie asked, whether men who bad any regard
to national honor would consent to navigate the
ocean on terms su disgraceful? We mast '
cool calciilaiors, indeed, if we could submit
diftrrece like this!

The last reason offered by the supporters of the
present resolution, Mr. C. said, may prr)perly be
said to be nn argument tn terrorem. The geatle-
man from Massachusetts says, by way of abstract
proposition, thai a perseverance in a measure op'
posed to the feelings and interests of the people
may lead to opposition and insurrection ; but the
gentleman from Connecticut nses the name ex-
pressioni B« applicable to the embargo. It may
oe a forcible argument with some gentlemen, and
most likely may have had Its effect on tho:ie who
intended it to produce an effect on others. But I
trust ihni this House and this nation are not to
be addressed in this nay. Our undert^ tan dings
may beconviuced by reason, but an address to our
fears ought to be treated with contempt. If 1
were capable of being actuated by motives of fear,
I shcnild be unworthy of the seat which I hold
on (his floor. If the nation be satisfied that any
course is proper, it would be base and d^rading
to be driven Irom it by the discordant murmurs
of a minority. We are cautioned to beware bow
we execute a measure with which the feelings of
the peopleare at war. I should be the last to per-
sist in a measure which injuriously affected the
interest of the United Slates; but no man feels
more imperiously Ihe dniy of persevering in a
course which is rizhi, notwithstanding the con-
trary opinion of a tew ; and though I may regret
and respect the feelings of these few, 1 will per-
sist in the course which I believe to be right, at
the eipense even of the Gkirernment itself.

Mr. MiTOBiLL said he was not prepared to vote

on the question of repealing the embargo laws, in
the precise form in which it had been brought
before the Senate. There was as yet a want of
information; for certain additional documents,
expected from the Executive, bad not yet been
communicated, andlheselectcommittee to which
the part of the Message concerning the foreign
relations of the country was lately referred, had
not bronght forward a report. He would have
been better pleased if the proposition had been
so framed as to have expressed indignation at the
injuries our Oovernmenl had received from for-
eign nations. Then he would cheerfully have
given it his concurrence. But now, when those
who are willing to do something, though not ex-
actly what the motion proposes, are made to vote
directly against a removal of the existing restric-
tions upon our commerce, their situation is rather
unpleasant ; indeed, it ia unfair, inasmuch as they
must either give their assent to a measure, to the
lime and manner of which they may be averse,
or they must vole negatively in a case which, but
for some incidental or formal matter, would have
met their hearty approbation. He could, there-
fore, have wished tnal the question had been pre-
sented to the House in such terms as to afford an
opportunity of expressing thejr sense of the
wrongs our nation bad endured from foreign
Sovereigns, and of the restrictions laid upon
American commerce by their unjust regnlalioni,
as well as on the further restrictions that, under
the pressure of events^ it had been thought neces-
sary for our own Legislature to impose.

But, although this course had not been lakes,
he should avail himself of the present occasion
to offer to the Senate such seniimenu as had arisen
in his mind on the subject. In doin^ ibis, he
should endeavor to lake a commercial view of our
situation; and.'altbough he felt nosmall discour-
agement, from inability to arrange, in a methodi-
cal way, the proper topics for a speech, yet he
found it his dutv to offer something like a aurvev,
however partial or detached, of the mercantile
condition of the United States. For this purpose,
he should give a sketch of the progress ol out
trade and navigation from the recognition of ont
independence in 1783.

Immediately after the severing of their empire

America from ihe British Grown, difficulties

ose on the mode of conducting commercial in-

rcourse between this country and QrealBrilaio.

The Parliament immediately took the matter into

lideration, and provided by law for a commer-

intercourse with the new Stales. The details

of this arrangement were vested in the King and

Council, and lo this first statute of Ihe British, on

er of conducting American trade, may

be traced the origin of the delegated l^islaiive

power, with which that body of men have, in

subsequent years, assailed neutral rights. Thus

authorized by Parliament to regulate commerce,

they 'have preiwribed, enforced, relaxed, or re-

nded their orders, according to their pleasure,

the ever-varying course of events, and thereby

been enabled, in a summary way, to meet the ex>

igencies uf the times.

.yGoogIc

75

HISTORY OF CONGRESS.

November, 1808.

About this lime may be traced ibe comnieDce-
mcDl of tbal wonderful spirit of Adventure wbicb
■o distioguisbcs our people. We find some of
them doubling [he Cape of Good Hope, and dis-
playing, for [he first time, Ibe tlac of [heir nation
lo the Chinese at Canton, while others found

icB. And the joy which was excited on thisside
of the Atlantic, by [he success and (he profits of
these voyages, was a[(ended by a jealousy an [he
other, tba[ [be monopoly of ibe East India Com-
pany would be i[ivaded by these dariu|r competi-
tors. The exertions of this class of aur coumry-
men have been such, tha[ a small firm in par[neT-
ship. or even the capital of an individual Amer-
ican merchant, has repeatedly provided the ouiRt,
that, forty years ago, required the patronage of an
European Government. Madagascar, the Sand-
wich, and the Fejee Islands, have been visited,
mnd served but as resting places for our mariners
in their circumnavigation of the globe.

Difficulties having been found lo increase be-
tween the American States and (he British Isl-
ands, in respect to their commerce, it was found
expedient on our pari to send ihem a Minister
Plenipotentiary. And, accordingly, in 1785, Mr.
Adams went to London in (hat capacity. As an
evidence of the [emper boih of England and
France, at [hn[ period of our history, ought to be
mentioned the attempts then made to seduce (be
whalemen from Naniucbel. So successful for a
while were (hese wily efforts, that the sandy but
industrious island, whence its inhabitants migral'
ed lo Liverpool and lu Dunkirk, suffered no in-
considerable shock by the migration of many of
its most active citizens, and a removal of much
of its shipping and stock. It was easy to discer:
that the desire of the two great commercial oa
tioas to increase cbeir respective supplies of spei
roaceti, bone, and oil, was gratified by depriving
our country of ibe most skilful and dari[>g of its
■eameo.

While (he precarious Orders in Council thus
governed the trade of our people lo Great Britain,
there existed a source of diSicully within the
American Stales themselves, which proceeded
from their political condiiion. A cluster of inde-
pendent governmenis, loosely adhering by the
original articles of compact, framed during (hr
Revolution, and under the specious appearance ol
political unity, assuming the character of thir
leen distinct sovereign (ic?', begat a variety of uo-
precedeo[ed occurrences. Attempts to sireogihei;
this confederation, by granting the duties on im

Sorts (o Congress for the purpose of paying the
ebts and supporting (he credit of (be nation, w
iueS'ectUBi. And the refusal of New York,
1787, to surrender its rich and increasinir impost,
may be considered as having left tbe Union (o
expire for wao( of support. Under (be new Con-
stitution, which was framed that very year, pro-
vision was expressly made for vesting in Congress
the authority (o regulate commerce. We were
merely enabled to remedy many of (he defec(8
ioherent in our former system : and particularlv

sume an entire and undivided character is

relation lo foreign Powers-
Tbe navigating spirit of our countrymen hav-
g called itieatteniionoftheworldto theNorth-
est coast of America, we find tha[, in 1790,
Grea( Britain and Spain were preparing to engage
1 a war, concerning the possession of a region,
'hich, in truth, belonged lo neither, but which
had been purchased of the natives some years be-
"ire. and possessed iu full right and property by
tizens of Massachu^eits. In 1793, France, hat-
ig undergone its republican metamorphosis, de-
dared in due form the same commercial privi-
leges to this as Id other nations.

This, if I am nol mistaken, said Mr. M., is the
point of time when tbe commercial enterprise of
ourcounirymen was couEidered, by the belligerent
Powers of Europe, as worthy of special attenlioD.
And here is the commencement of these eObrts
to drive a lucrative trade on the one side, and of
those exertions to curtail it on the other, which
have led us, step by step, to our present awful
situation. Repeated disasters and defeats had
weakened (be naval armament of France. She
was unable to maintain her dominion on (he
ocean, or (o give Bilequa(e protection lo her ei-
lernal commerce. The busioe.ss which had here-
tofore been carried on by hor own merchant ships
was now transferred to neutrals. And of these,
(he Americans^s the mostcnterprising, and con-
tiguous (0 her Wes[ India colonies, acquired the
principal part of it. Great Britain saw with dis-
pleasure the relief thus aflbrded to her enemy.
She endeavored to prevent this interference of >
neutral. And, that very year, ordered her cruis-
ers to stop vessels of neutrals going to France
and her dominions. The vast diffusii

of the maritime world
(rayed, and presented I'
perous and thrifty people by [he Am
lary of State. Tbe iniercourse with FrBnce,siill
alluring neutrals by the prospect of great profits,
our people crowded their ports with vessels and
cargoes. The British persisted in their interrup-
tions of this trnde,and proceeded to make seizures
on the allegation that (hose ships were freighleil
wLlh French properly.

With [he British nation, possessing a commerce
of (he greatest extent and a navy capable of pro-
tecting her trade and settlements abroad, il was
a matter of tbe most ardent desire thai our Gov-
ernment should have a Treaty of Amity and
Commerce. The uneasiness of the people and
the discontents in the great cities were so serious,
ihat il was judged necessary to send an BnvoT
Eiiraordioary to the Court of St. James. And,
with the hope thai tbe fermeaiation would he de-
layed by a suitable negoiiaiion, Mr. Jay was de-
spatched on a special mission. He succeeded ia
forming a ireaiy. When, however, the President
submitted it to the Senate, and tts contents were
made known to the nation, (he dissatisfaction
seemed to have been rather aggravated ihan as-
suaged. It was contended on the pari of a people
who could but count, len years since, the dale of

rer the greater part
now very ably por-
nspection of a pros-

.y Google

HISTORY OF CONGRESS.

NOTBHBGI, 1808.

Iheir ezittence ai a nation, that the terms were
unequal and disadTaaiageous ; sad that a
rejectioD was preferable to the ralificatioQ c
tDstrument bf which we made such mighty
ceisioos, li was alwajri m^ opioioD, air. thi
statesman employed to negoiiateon Lhi
was treated by public clamor with uor
verily. He obta[ned a treaty from Great Britain,
at that juncture, which, on the whole, aaswered
our purposes eieeediogly well, and was in reality
more favorable to us loan it probably would havu
been, had not the pressure of her afiain on ibe
ContiueDl of Europe induced her MiDisleri to be
rather more conciliatory than usual.

In the meantime the thiileen stripes were dis-
played with increasing frequeocv and numbers
atoD^ the coasts of Europe. And such was the
opinion of the three great maritime Itingdoms, of
their appearance, that, in 1791 and 1795, the
cruisers of Spain, as well as of England and
France, made captures of American vessels.
They offered various preleils for these acts.
These chiefly referred to evasions of blockades, to
the carrying of enemy's property, and to the con-
cealing or covering it bv frBudulent iuroiccs and
papers. On the pari of France, howccer, our
aSairssoon wore a serious aspect. Uncivil dis-
positions ivere worltinit up to hostility. Theje^-
ideni Minister of the United Stales was recalled,
and another sent In his stead. At length, after
successive and fruitless attempts to accommodate
the difTerences, during which marked disrespect
bad been shown to our Qovernmenl and its Com-
mistioners. Congress formally dissolved [he exist-
ing treaty between the tvo nations, and author-
ized American vessels lo cruise against those of
France. This brings me to the year 179S, during
which, and the time we were ibea embroiled, the
British Government granted, for a. stipulated
sum, the protection of convoy to the merchant
vessels of the United Stales.

This period of our commercial history, of which
I am tracing this faint and imperfecl outline, was
distinguished by two remarkableevenla; oneem-
anatioff from an act of our own Legislature, and
the other from the misconduct of a petty despot
of Barbary. And tbey are worthy of notice as
lending to display the course of our trade and
navigaiion, and of the proceedings of the Gov-
ernment in relation lo them. The voyages lo
Africa for slaves baif Ionic disgraced while it en-
riched several of the European nations. The
profits of a traffic in which rum and baubles were
bartered away for negroes, allured our country men
to embark in it. But, for the purpose of slopping
so disgraceful and unprincipled an employment,
Congress enacted heavy penalties against il. And
the commerce of a i>eDp]e, which, as far as iu
internal regulations extended had been universal,
nnderwent a restriction which permanently pro-
hibited the trade to Guinea inhuman beinge. The
rich eai^foes conveyed under our Qag through the
Mediterranean sea bad often tempted the cupidjiy
of the Deys and Beys ruling the inhabitants of its
southern shore. By annual stipends, the snbsidies
paid by the Government for the protection of our

foreign commerce in those distant regions, the
persons, and the goods of our citizens were pro-
tected against those audacious pirates. One how-
ever, more unwise and unjust than the rest, by the
exorbitancy of bis demands, drew on himself the
vengeance of our nation. He bad captured Amer-
ican vessL'ls and doomed their officers and crewa
to slavery. A war with Tripoli was the eonse-.

Jueace, and, at the expense of a million of dollara
romlhe Treasury, our naval heroes compelled
those sons of rapine to respect the rights of our
nation, and re^ttnreto its wonted freedom the com-

In 1601, there was an occurrence which, though
it happened In Denmark, was of evil augury in

the eyes of neutral nations. And t,n forming »
liukintbechainof events it ought to be mentioned
here. A project had been formed among ih«
northern Powers of Europe to revive the Armed
Neutrality, which had been originally conceived
at St. Petersburg in 1780. A British fleet was
sent to the Baltic Sound to dissolve il. A destruc-
tive cannonade of Copenhagen, was the conse-
quence of Danish adherence to their principl«i>
Awed bv superior force, those brave asserters of
their rights suuk into acquiescence. But ibe cit-
izens of our own or of any neutral nation who
consider this transaction in its true bearings and
tendencies, will find it big with mischiefs to the
weaker Powers that take no part in the neighbor-
ing wars. Anarmed neutrality, or an armed com-
merce, may be expected alike to impel the stronger
belligerent to repress it as a measure of prccaa'
lion, or Jo destroy it undera pretence of necessity.

The peace of Amiens subsisted hut ashort year j
for, in 18(J3, the recommencement of hobtilitiea
between France and Great Britain implicated in
additional difficulties the foreign commerce of
America, Our citizens persisted in iheir ri^ht to
visit the ports of friendly nations. Our dispula
wiih France bad be^n terminated amicably by a
treaty with ibeFirst Consul. TbeBritish Council,
acting under a conviction that this trade was can->
ducted in a manner that succored the enemy while
it greotly incommoded themselves, determined
that interference was necessary. Their cruisers
seized American vessels trading with some of the
French ports thai were not blockaded, and their
courts passed decrees of condemnation ugainsl
ships with innocent cargoes on a return from porta
lo which they had earned contraband articles.

Moralists have sometimes considered blindness
to the future, a happy irait in the cunsiituiion of
the human mind. They might with equal or
with greater propriety hare ascribed much of pri-
vate and public felicity lo a brooming degree of
foresight. There was indeed little, very liLtle of
a prophetic spirit wanting to satisfy us that our
halcyon days were passing rapidly away, and s
season of privation and adversity would arise.
The haughty nation that had terrified the Scan-
dinavian thrones, next tormented the American
coast. The Hudson, the Delaware, and the Ches-
apeake, had been annoyed by her squadrons of
vigilance; ships both inward and outirard bound
had beencapiured and sent to Halifax. The trade

.yGoogIc

HISTORY OF CONGRESS.

80

''Senate.

NOTEHBBK, 1808.

or New York, Phitadelphia, Norfolk, Chtirlesloa.
aod Baltimore wax sorely di.tiresged ai ibe very
mouths of their liaibors. Passengers end geameo
were arbitrarily impressed, as the milder phrase
is, but really kidnapped or made prisoners. Coast-
ing »essels carrying the domestic produce of our
country from one port lo another, and in no respect
fioncerned in foreign commerce, were fired upon,
■and nne of their people killed. The national ler-
vilory was violated, the service of writs to arrest
■ome of these disorderly persons was resisted, the
civil authority despised, and defied, and even the
public vessels of the revenue assailed with shot.
Conduct of this atrocious character was .'o impru-
dent and so reiterated, that the repeated appeals
of the citizens to [heir Government, rendered it
■t length acase in which right blended with duly
called upon Congreistoact, and the result of these
ID tolerable outrages was the siamte for preserving
peace in our owu ports and harbors.

In the ordinary intercourse of i
conduct would have amounted to war. It
indeed war; it was legitimate cause of war
thing was required after auch asevere blow(
by them, but for us to return it, and the Ai
would have entered the bloody amphitheatre to
contend with the sladiators of Europe. But a
pacific policy prevailed. The feeling of our peo-
ple, smarting still under the wounds of the Rev-
oluiioD. and maintaining the doctrine that every
citizen possesses, as an indefeasible inheritance, a
portion of his country's sovereignty, was avente
to contention in arms. On the part of Fiance no
reparation had been made for the heavj apolia-
lions made upon our commerce by her cruisers,
Mve the sum provided lo he paid out of our own
Treasury in satisfaclian of them, by one of the
conventions appurtenant to the treaty by which
Louisiana was ceded lo us. For the losses eus-
tained by our merchants end underwriters, repa-
ration had years before been sought for from Con-
gress ; but it had there been decided that losses in
consequence of capture by a hellisereot as well as
by danger from the sea were to be borne by ibe
concerned, and not to be considered as guarani
by the national Treasury.

I now come to the year 1S06, an eventful year
10 the foreign commerce of our peopli
travarant and armed trade had for a c^
time been carried on by some of our citizens with
the emancipated or revolted blacks of Hayti.
The French Minister, conformably to the instruc-
tions of his GovernmL'nt, remonstrated against
this traffic as ungracious and improper i and un-
der an impression that our citizens ought to be
restrained from ioiercourse with the negroes of
Hispaniula, Congress passed an act forbidding
that altogether. This was the second lime that
our Government circumscribed the commercial
conduct of its citizen.t. It was also during this
year that memorials were forwarded lo the exe-
cutive and legislative branches of our Govern-
ment by the merchants of our principal seaports,
staling the vexations of their foreign commerce
to be intolerable, and ealline in the most earnest
terms for relief or redress. These addreiiea were

roosllv composed with gr^at ability; it seemed
as if tne merchants were in danger of total rain.

the extreme.
Government was asked in the rnust strenuous
aud pressing terms ; and your table. Mr. Presi-
dent, was literally loaded with petitions. The
use of this di.streaa was brie&y ihis. These
of the United Slates were engaged dur-
ing the war in Europe, in a commerce with ene-
lonies' not open in time of peace ; by this
the produce of the French West Indies
was conveyed under the neutral flag to the tao-
' intry. Great Britain apposed I he direct

ce from the colony to France through
itral bottom. The neutral then evaded
mpt Drains! him by landing the colonial
produce in his own country, and after having
thus neutralized or naturalized it, exported it un-
der drawback for Bordeaux or Marseilles; this
proceeding was al:0 opposed by the British, and
much properly was captured and condemned in
executing their orders against it. Their writers
justified their conduct by charging fraud upon
the neutral flag, and declaring thai under cover
of them a "'war In disguise" was carried on, while
lide the rights of neutrals were defended
wiih great learning and ability in a most pro-
found investigation of the subject.

Connected with these events^ progressing from
bad to worse, are some proceedings of the Senate;
which I deem it necessary here to state. This
dignified body listened with peculiar alleniion lo
the complaints of the merchants. Their tale of
sufierings excited a general sympathy. The most
studious efibrts were made for devising a plan
of relief; at last it occurred that the peculiar or-
ganization of tbe Senate would enable it to pursue
a course different from the ordinary routine of
legislative business. In it.i executive capacity,
the Senators were tbe Oonstilulioual counaellor*
of the President as to treaties with foreign ua-
tions ; and the Senate, influenced by a desire of
removing the difficulties that were thickening
around us, resolved to express their sense to the
President upon that solemn occasion. After full
consideration they framed two strong resolutions,
which are recorded in your journal of that sei-
sioD ; the oae expressed indignant feelings at the
aggressions made by the belligerents, and the
other requested to demand restitution and repa-
ration for the captures, condemnations, and Im-
pressments, they bad committed. The members
of the Senate were sent lo communicate these
resolutions to the President. It was my lot, sir,
lo be employed in that cerviee, and I well remem-
ber the interview. What effect this conduct of
the Senate produced iu the mind of the Presi-
dent, it is impossible for me to say, but certain it
is, that shortly after, he nomiuated Mr. Pinkoey
as Envoy Exinordinary to England, and the
Senate gave their advice and consent; and this
important step was taken to appease mercantile
noeasines!>, and to remove obstructions lo tbe
freedom of commerce.
This same year was ushered in by a proclamm-

.yGooglc

mSTORT OF CONGRESS.

NOVEKBEH, 1808.

Senatb.

lion of Qeneral Ferrand, the Freacb comman-
danl al Si. Domingo, imposing Texalions on tbe
trade of our citizens; and a partial noa-import-
atiuD law was eoacted against Great BriiaiD by
CongreBt abunt ihe middle of April. But these
were Dol all the impedimetiti! which arose. Notices
were given to tbe AmericaD Minister in Loodon
of several blockades. The chief of these was
that of Ihe coast, from tbe Elbe to Brest inclu-
sive, in Majr. And here, as it occurs to me, may
I mention, the spurious blockade of Currafoa,
under which numerous captures were made.
And lastly, to complete the caialoi;ne of di:<Hs-
lers for 1806, and to close the woful climax, the
Ftench decree of Berlin came forth in Novem-
ber, and, as if sporting with the interest" and feel-
ing! of Americans, proclaimed Qreat Britain and
her progeny of islea lobe in a state of blockade.

Hopes had been entertained that such a violent
and convulsed condition of society, would not be
of long duration. Experience, however, soon
proved that the iafuriaie rage of man Was as
yet unsatisfied, and had much greater lenethn
to go. For, early in the succeeding year (1807,)
an order of tbe Brilinh Council was issued, by
which the trade of neutrals^ and of course of
American citizens, was interdicted from tbe port
of one belligerent to Ibe port of another. And
in the eusumg May, the rivers Elbe, Weser, and
Ems, willi the interjacent coasts, were declared
by them to be in a state of blockade, and a simi-
lar declara tion was made oo their part to neutrals
in regard to the tiraits of the Dardenelleh, and
the city of Smyrna. But these were but sub-
ordinate incidents in this commercial drama; the
catastrophe of the tragedy was soon to he devel-
oped. 'Od the 226 of June, by a formal order
' from a British admiral, our frigate Chesapeake,
' leaving her port for a disiant service, was at-
' tacked by one of these vessels, which had been
'lyin^ in car harbors under the indulgence of
' hospiialiiy, was disabled from proceeding, had
'severaloi her crew killed, and four taken away,"
Immediately the President by proelamalion in-
terdicted our harbors and waters to all British
armed vessels, and forbade intercourse with tbi
Under an uncertainty how far hostilities w
intended, and tbe town of Norfolk beieg ibr(
eued with an immediate attack, a sufficient force
was ordered for the protection of that place and
such other preparations commenced aud pursued
as the prospect rendered proper.

In furtherance of these schemes, a proclamaiioa
was published, holding all their aosent seamen to
their allegiance, recalling them from foreign ser-
vices, mad denouncing heavy penalties for disobe-
dience. Theoprration ofihisupon the American
merchant service woald have been very sensibly
felt. Many British born subjects were in '
employ of our mercbams, and that very Qoi
ment which claimed as a British snbject every
American citizen who had been but two years a
aramen id Iheir service, refused to be bound by
their own rule in relalioD to British subjects who
had served an equal term on board the ships of
the United States. Bat thii was not all. The

I on th of November was distinguished byan order
^laliaiing on France a decree passed by her some-
me before, declaring the sale of ships by bellig-
rents to be illegal ; end thus, by virtue of concur-
^nl acts of these implacable enemies, the poor
.eutral found it iinposiible to purchase a sliip
eitherfromasubject of Great Britain or of France.
That season of gloom was famous, or rather in-
famous, for another act, prohibiting wholly the
commerce of neutrals with the enemies of Great
Britain, and for yet snoiher, pregnant with the
principles oflordly domination, on their part, aod
of colonial vassalage on our, by which the citi-
zens of these independent and sovereign Stales
are compelled to pay duties on their cargoes in
British pons, and receive licenses under the au-
thority of that Government, as a condition of
being permitted in trade to any pari of Europe in

This outrageous edict on the part of Britain
was succeeded by another on the side of France,
equalling, or if possible, surpassing it in injustice.
In December came forth Ihe decree of Milan, en-
forcing the decree of Berlin against American
trade; dooming to confiscatioa every vessel of
the United States that had been boarded or even
spoken to by a Briton, and encouraging, by the
most unjustifiable lures, passengers and sailors to
informers. The abominable mandat

quickly echoed in Spain, and sanctioned by the
approbation of His Most Catholic "
been executed with shocking e

sly. II

other calamiii
trals has been sequestered in F'rance, and their
ships burned by her cruisers on ihe ocean.

Such, Mr. President, was ihe situation of the
European world, when Congress deemed it neces-
sary to declare an embargo on our own vessels.
Denmark and Prussia, and Russia, and Portugal,
had become associated or allied wilh France;
and, wilh the eicepiiun of Sweden, the commerce
of our citizens was prohibited, by ihe mutually
vindlclive and retnlialin^ belligerents, from .the
White Sea to tbe Adriatic. American ships and
cargoes were declared theprize and plunder of
the contending Powers. The widely extended
commerce of our people was to he crushed to
atoms between the two mighty millstones, or
prudently withdrawn from its dangerous expo-
sure, and detained in safely at home. Policy and
prudence dictated the latter meaiiure. Aod as
the ocean was become the scene of political storm
and tempeft, more dreadful than bad ever agita-
ted ihe physical elements, our citizens were ad-
monished lo partake of that security for iheir per-
sons and property, in the peaceful havens of their
country, which they soughi in vain on the high
European harbors. The regulaiions,

0 destru

icted

by us. They were imposed upon us by foreign
rants. Congress had no volition, lo vote upon
the question. In the shipwreck of our trade, all
thai remained for us to do, was to save as much
aa we could from perishing, and as far as our ef-
forts would go, lo prevent a loial loss.
I lODcli, with a delicate hand, the mission of

.yGoogIc

HISTORY OF CONGRESS.

Senate.

November, 180S.

Mr. Rom. The arrival of ihis Envoy Ei:raor-
dinary from Britaia was nearly of the same dale
with an orderofhisGovernment, blocliailiDgCar-
ihagena, Cadi/, and Si. Lucar, and I he interme-
diate pons of Spain, aad thereby vexing the com-
merce of AmeTican ciiizens. The unsuccessful
lermi nation of his negutialion bas been hut a few
months since followed b^ a refusal on the pan of
his Government to rescind its orders, that worlt
to much oppression to our commerce, on condition
of havine the embargo suspended in respect to
theirs. And the French Ministry tias treated a
similar friendly and paciGc overiure. Trom our
Executive, with total disregard. In addition to
all which we learn, from the highest source of
iotelligenee, that the Briiish naval commander
at Barbadoes did, about the middle of October,
declare the French leeward Caribbean islands to
be in a state uf strict blockade, and cautioning
neutrals lo govern themselves accordingly, under
pain of capiure and condemnalion.

If it should appear to you, sir, that I have dwelt
' with loo much minuIeDess on the series of events
that have progressed step by step lo the present
crisis, the only apology I have to oSer is, that I
consider it necessary for the purpose of ascerinin-
ing what the sjtuaiion of the nation truly is. Un-
equal indeed is the contest between the weak and
1 be strong. Where force is sohsliluted for prin-
ciple, it is vain and useless to talk of rights. Two
foreisn nations are eoniending with gigantic ef-
fortsfor superiority. They have labored, with but
too much success, to mate the bystanders lake
tides in the coniesi. Our Qavernment has hith-
erto magnanimously maintained its neutrality.
Yielding lo the solicitations of neither, it was lic-
sirous of doing iiDpartial justice to the two. But
this fair and equal demeanor would not sHtisfy
ihem. The tempter not unfrequenily practises
upon innocence the arts of circumvention; and
exalted virtue gives to Its possesser no indemnity
■gainst malice. The uprightness of our public
coaduct was pleasing neither to Albion nor lo
Ganl. Aod as we had refused to become the ally
of cither, we have to a certain degree suffered the
hostility of both. The ancient and venerable code
prescribing law to civilized communities, is abro-
gated. New and capriciousinventions, calculated
to suit the clamor of a party, or the spue of a foe,
are subilituled in their sleod. The freedom of
the ocean is taken away. This highway of na-
tions is infested with freebooters and pirates;
aod the more powerful legislates for the rest, in
all eases whatever. Towards ourselves the old
colonial principle is revived. Americans may
navigate the seas indeed, but on condition of pay-
ing duties lo Britain, or taking from her licenses
to trade, and observing such furlhei: directions as
it shall please her to prescribe.

Are the American people prepared to submit to
(his 7 Having examined in my cursory manner
tbe modern and I may say the present stale of our
•ffairsj I shall next lake a hasty retrospect of this
American people, while yet related to Britaio as
colonists, and before the idea of a separation had
lUitered into the boldest head. The Parliament <

and Co-incil maintained the right to tax and bind
the colonies. The people of the planiaiiona and
colonies, since risen to the dignity of States, de-
nied the pernicious doctrine. The mother country
prepared toenforceit; and the colonies meditated

Duties were laid upon paper, glass, and paint-
er'a colors, to be collected at the ports of entry in
tbe colonies. Public indignation was never more
vehement. It was communicated with electrical
speed, from one extremity of the Empire to the
other. It was resolved to defeat the staoip act
by a refusal to buy its paper. All business was
at a stand; memorials and remoostrances were
forwarded to the King and to the Parliament.
The discontent was so well grounded and so
deeply fixed, that Hillsborough, the Secretarr of
Stale for the colonies, trembled for ihe eo'nse-
qucnees. Resistance, in the form of insurrection
or rebellion, seemed inevitable, and to prevent
the horrors of a civil war, the odious statute was
repealed. The freemen of New York were al-
most frantic with joy on ibis occasion, and they
erected a superb statue to Chatham for his exer-
tions against the continuance of the law. Their
countrymen, from Kennebec lo Savannah, sym-
pathized with ihem in their honest eierliooa.

The duties on the other ariicles were alfo re-
pealed ; but the Parliamenl adhering to tbe rJsht
of taiatiou, and determining to test the princi-
ple, reserved a small impost on lea, to be collect-
ed in the colonies. All the rescniment which
the siamp act had excited, was revived on ibis
occasion ; murmurs increased lo uproar. To
enforce the execution of ihis law, ihe officers of
the British navy were commisaionsd to act also
as officers of the revenue. To manifest their op-
position the people refused to consume tbe tea.
They carried their aversion so far that the tick-
ets of the State lottery, a fourth part of which

merchandise. They established domestic n
factures. They destroyed the obnoxious drug on
board the vessels which brought it. They de-
fended their privilege against the naval and mili-
tary force sent to subdue them. In short, they
defended -their holy cause: they eipelled the en-
emy from iheir shores, and Anally itiey achieved
the independence of their country. If, in the
year 1768, our predecessors could declare a non-
importalion agreement, rather than submit to
foreign taxation, what ought the present race of
Americans to do in 180S, when menaced with
similar exaclions from abroad 1

That the present case is stronger than that
which preceded and induced the Revolution,
may be inferred from several considerations : The
American Gorernmenls were at that time de-
pendent colonies; they are now independent
States, The Briiish Parliament had at least the
color of right lo levy money upon them; they
have now no legal pretext whatever. It wai
then alleged that the money raised on the colo>
nies would be employed in their own protection
and defence; but now ihere ii not even a pre-

.yGoogIc

HISTORY OP CONGRESS.

86

NOVEKBEB, 1808.

Seh^tb.

leaee of the kind : then the colonies looked to
the King of (hat country as their proper sorer-
sign, and the *onr<e of all honor and power;
DOW he is SD alien to them, and the ailegiaoce
that once connected the prince and hia subjects
has been absuWed by his own set. Aod yet mo-
ney is demanded by that monarch, from ibii very
people, for the privilege of naTigaiing the ocean,
and of carrying ber mercbaodiae to the Conti-
nent of Kurope!

Did Ihe people of the United Slates authorize
their public agents to consent 1o thisl No. Have
the President and Senate conceded ihe point by
ririueof the treaty-making power? No. Are
the American people represenled in the Parlia-
ment [hat authoiized these arbitrary roeasures?
They are not. Uo they allow that they ought to
he laied where they are not represented 1 They
do not. Is this highminded nation prepared, at
[he age of ihirtv-five yeara, to surrender its inde-
pendence by submitling to domination at which
the infant colonies revolted? I cannot believe
it. Will they consent lo pay duties on their ex-
ports, when re<|uired by a foreign Government,
while Ibeir own Constitution expressly with-
holds such a power from Congress? I think not,
by DO means. But I shall be told that this is an
eiteroal regulation, and baa no possible coanez-
ion with our internal nud domestic concerns.
Why really, if (his is ihe fact, I cannot hut ad-
mire the dullness of British statesmen forty years
ago. The simpletons of that day conceived it
necessary to colled the amount of duties in the
colonial porta where the goods were enieri'd for
coasumplion. The experiment coal Ihem an em-
pire, bui it laughl ihem nn iroportani lesson.
They learned from it a more easy and effectual
mode of taxation'. This was to charge a duly on
iheir own exporls, and collect the money in their
cities at home, and by ihe hands of their officers
there. They have successfully followed this lu-
crative husiness over since the expedient occurred
to ihem. Such baa been the avidity of the Amer-
icans to consume British manufactures, that they
have always contributed largely to ihe way? and
meana of ihal Gorernroeni. It has been calcu-
lated upon ns a sure and efficient fund. One may
almost credit the declarations of certain British
enihusioits, who declare the loss of the colonies
to hare been a blessing, inasmuch as ihey were
formerly very expensive, and paid no taxes, and
at present contribute large sums of money, and
are not chargeable at all. And with this tax, in
addition lu light money, quarantine fees, convoy
duly, port charges, loppage, keelage, and various
other ihinga that have not yet received names in
the commercial nomenclature of America, has
onr commerce with Great Britain been constant-
ly burdeneil. An, however, these were in rcnlily
regulations of a domeslic aod municipal nature,
acompliiDce with ibem involved do dishonor.
If our people voluntarily entered their ports, rhey
were bound to obey their laws. Bm on ibe late
occasion this arrogant Power has jione a greater
length. American citizens navigating the ocean,
■Dd lawfully pursuing their own busioesa, are

arrealed OD their voyage, and compelled, as «
condition of proceeding, to pay an impost for the
cargo, or in other words to purchase a license to
enable them to go to their place of deslination,
whether oulward or homeward hound. What
other expedients those political economists may
have in reserve for rainiDS further suras of monev
on our trade, I am not (£dipus enough to unrii)-
dle. As far, however, as I can comprehend the
case before me, it is marked with stronger fea-
IDres ihao ihose which characterized the dawik-
iog Revolution. I cannot suppose thai any lux-
ury has corrupted, during ibe stiorl period of
their existence, the »piril and temper of the Amer-
ican people. The old Whig temperament still
survives unchanged, unadulterated. And he who
has but a single drop of whiggish blood Id his
veins, will ever be ready to assert the good old
principles, and maintain them inviolate. If lam
deceived in thii, 1 should not err materially in
expressing my doubts whether the acquisition of
independence is lo be considered as a blessing.
Upon principle, therefore, the Kevolulionary pa-
triois have set us a noble precedent. Tbejr car-
ried their selfdenial lo an absolute privation of
ioiercourse. Is there firmness enough at the pres-
ent crisis to carry such a law into operation? I
know thai, at home and abroad, ihe most subtle
measures are adopted to thwart us. For exam-
ple : Our Doa-importation law, in forbidding Irish
linens, was calculated to encourage the introduc-
tion of ihem from (he Netherlaads nod Silesia.
Bui the Brilish Ministry frame their orders lo
prohibit ibis, unlesi we pay duties to them, and
thus purchase the privilege. Our embargo law
rendered it unlawful for the collectors to give
clearances to American vessels; yet, to defeat
this regulation, the Briiish Governors instantly
open the West ludia ports to all manner of per-
sons that will run away without ihetn. While
our gunboats and cullers are watching (he har-
bors and sounds of the Atlantic, a strange iDver-
tioa of business ensues, and by'are(rogr<ide motion
of ail the interior macbinerv of ihe country,
potash anil lumber are launcoed upon the lakes,
and Cbamplain and Ontario feel (he hustle of
illicit trade; and sirange lo tell, under ihe em-
bargo system, the soulhern atmosphere bos be-
come so subject to gales and tempests from the
north, ihai our poor coasters, who love to hug

forced (dire necessity!) lo sell their cargoes to
repair the damage ihey have sustained, and'reGt
for a return to that land which they ate longing
and sickening to see.

If I have not erred in my reasoning, the embar-
go was correct in its principle, and would also be
correct in its continuance uoder the increasing
aggressions of (he belligereol nalioos. But it is
CDDleoded by itie honorable mover (Mr. Hili.-
bouse) of the rcsoLutioD, thai expedienq/ ought
10 govern us on this occasion ; and thus ( sup-
pose the exct'plion will be as broad as the rule.
Let us examine the argumeola in favor of thii
expediency.

.yGoogIc

HISTORY OP CONGRESS.

Sbn&te.

November, 1808.

We are told ihai the embargo, if cooiinued,
will ruin our commerce. The true operation of
the embarRo U lo nare our commerce from spoil
and depiedaiioD of foreigo Powers. The Doiioa
that our own Qovernment u unrrieDdljr to com-
raerce is wholly unfounded ; from commerce wt
derive the greater part of our reveuue. And tc
destrof ihai source of income would be to com-
mie an act of political suicide. It would be kill-
ing the hen that lays the golden eggs. To every
peraoD who underatanda the history of our em'
barrasiments, and knows how jucessaady Clov-
crameai has been laboriug lo protect, secure, and
improve the commerce of its citizens, such a de-
claralion must appear wholly groundless. Why,
air, the exiding quarrels are surely commercial;
they are neither territorial nor genealogical. I
am one of the warmest friends to American com-
merce, and alwHvs have been. I wish as heartily
a« any man all the prosperity lo ihat useful occu-
pation that it merils. No gentleman regrets more
.than myself that it has been harassed so much
by the parties at war. No one regretted more
than 1 the imperious necessily under which they
laid us of employia^ an embargu. And I am
anxiously looking for the time when, with safety
lo commerce, it may be removed. If a repeal of
the embargo law would restore our commerce to
its former thrin, 1 would call for the question in-
stantly, and five it my affirmative. But, in the
preaeut stale of the world, it will do no such
-Ibing. As soon as the restrictions are taken off
captures and coudemnations will be renewed, and
the rapacity of the spoilers, stimulated by ava-
rice, as hunger is iocreased by abstinence, will he
greedy to seize and not easy to saliaie. As to
changing the commercial habits of our people, it
is idle 10 Btiempt ii; the djjjposition is already
formed, and it cannot be altered. This nation is
not a newborn babe, whom we can mould and
fashion as we please, but it may be compared to
a sturdy youth, with habits ihat will never alter.
Nor is this tradios spirit peculiar lo the seaports.
It pervades the innermost recesses of the coun-
try, and delights as much in the purchase of
lands and (heir produce as of ships and their car-
goes. Such, then, being the turn and disposiiion
of our people, it is as much out of the power of
the Oorernment to eradicate ibeir mercantile
habits, eVen if it would, as it was impossible for
the rulers of France to abolish the Sabbath.

But it is urged that the embargo will deprive
ua of revenue. That it will lessen out income is
«eriain. But we have ample resources in our
Treasury, tu bear us along for a considerable time
to come. The stasnaling capital of commerce
wilt partly be turned into land, and the purclianers
of these national lands will pay the value into
the Treasury. There will be a large increase of
revenue from this source. By the reduction of
the public debt, under the present Administration,
thirir millions of dollars, there will be a saving
of all the interest that was hitherto paid upon
that portion of the principal. And with a dis-
creet economy in our finance, we shall find
enough to answer our current purposea. It must

be owned indeed that the political atmosphere is

cloudy. It would be no cau:^e of surprise to me,
that the gloom and darkness should increase and
thicken around us. But if this should happen,
the patriot heart ought not to be appalled. Pot
my own part, I nej'er permitted myself to despair
of the Republic. The slorm will pass away, and
the cheering rays of the sun will beam upon us
again. Suppose, however, that the Unanees be
deficient. The public faith is unimpaired. The
national credit is unlimited. Lenders will pre-
sent themselves in abundance, offering their
money upon loan, on the most aecommodaiiog
terms, like an individual whom losses and disap-
pointments have reduced to the necessity of bor-
rowing moderate sums to facilitate bis business,
this nation may employ a temporary accommo-
dation in its pecuniary concerns, with benefit to
(he citizens and withoHt disrepute to itself. Bet-
ter times will arrive, and the sure and certain
hope of this event will be allowed, upon moral,
political, and even on Christian principles, to be a
firm ground of reliance. Again, it is urged, on
the iide of expediency, that the surplus produce,
if kept at home under the embargo, will spoil
upon our hands. Betler, sir, to accumulate in
our barns and stores, than pass into the possession
of enemies. By the bounty of Providence our
land has been productive beyond measure. Our
citizens now revel in abundance of good things.
For the plenty poured into the lap of their coun-
try, (bey are ungrateful to repine. They ought
on (he other hand (o be thankful, and I trust they
are so. For an accumulation, it is eminently
desirable there should be an oullet. The demand
for our provisions in foreign parts arises in a great
degree from the occujtation of men in pursuits
different from the raising of articles for food; and
our demand for articles of foreign growth or manu-
facture, proceeds from ihe employment of our
people in the culture of such substances as are
proper to support human life. The former class
comprehends eaterb or consumers of provisioas,
who do not labor to rear them. To the latter,
belong the growers or cultivators who are directly
engaged in procuring sustenance. The surplus
produce of each of these classes is exchanged for
the accommodation of the other. Now, if tile
eating class should increase on our side of the
Atlantic, consumption will be promoted just as
well as if our provisions should be carried abroad,
and the farmer will obtain purchasers in his
country, who will pay him as good prices as for-
eigners: besides, it remains to be proved thai the
removal of the embargo would restore the safe
irnnsporlation, the rapid sales, and the high re-
ceipts, so vehemently desired. The ocean is in-
fested by harpies, who will snatch the food from
our mouths. Perishable cargoes will be lost lo
them under confiscation, or will spoil under de-
tention. It is wholly a pe(i(to principii, to say
that a removal of tue existing restrictions will
diffuse an antiseptic virtue sufficient to keep Hour
and fish from decay. But the ateri tacrafatne*
burns with impatience, and, in the lottery of trade;
overlooks the adverse chances, and calculaiea

.yGoogIc

HISTORY OF CONGRESS.

90

NovEuecR, 1808.

wiib eenalDiy od the ponesslon or a prize; and
if m]r esiimatea of [he benefits were asextrara
{ant va those of some gentlemen, I ihould joit
wiih ihem in rhe uncouditioDal remoTal of tbi
r«s[rai[it!>. Bui, ejea then, 1 ahould differ will
(hem on one poiol ; instead aT clamoring against
our own Government, I should vent mj ioJigaa-
tioD against the belligerents, the real authors of
00 r distresses.

Supposing, however, that the class of nemias
who consume pnivisioDB without laboring directly
lo raire them, should increase in the United States,
and thereby enlarge our domestic market, this
very occurrence is made a subject o[ alarm, aoder
a pretence that a systematic plan is in operatiou
to annihilate commerce^ and substitute manufac-
tures in its place. Thii is one of tha most idle
whimsies that ever entered into the mind of a
statesman. Reasoners often bewilder themselres
by ideal or imagioary dislinetioos, that have no
foundation in nature; they make partitions in the
intellectual regions, like the invisible or arbitrary

r the T

s and

IS, which distinguish the face of ,

and which etery eye can discern. Commerce Is
to be sacriBed at the shrine of manufactures. It
would be s pitiful commerce that could be carried
on without manufaciores. And E will offer as
one of the unanswerable arguments against this
fallacious reasoning, that the ship, without which
commerce cannot be carried on, is a domestic
manttfaciure. Our citizens have become profi-
cients in tb is exquisiie art, and I bop« they will
never forget their skill. The construction of the
ship, in wh ich our productions are to be carried
to (oreign markets, implies the existence of a
cluster of manufactures, and without their aid,
Ibe ship cannot be equipped for sea. A commer-
cial Slate of society, inerefore, presupposes the
establishment of manufactures, and cannot be
carried on without them. I hope the advocates
of commerce will not proscribe the shipwright's
handicraft, and for fear of promoting domestic
manufactures, go beyond the seas to buy their
vessels. The ship manufacture is one of the arta
that confers' distinction and honor to America. I
wish prosperity to the ship-builder, and to the
rope-maker, end the joiner, and the rigger, and
the painter, and the glazier, and the plumlter, and
iron-founder, and the blacksmith, and the other
laborers wbo work with him in this admirable
manufacture ; and my good wishes extend to him
wbo shapes the spars and masts, prepares the tar
and turpentine, forms the copper into bolts and
sheets, and forms the hemp into canvass. In the
furniture of the ship too, Mr. President, are eon-
uined other manufactorei, which do the highest
honor to the hand and the head of man; the tele-
scope, the quad rent, the chrouometer, the compass,
with gunpowder and artillery. And yet the gen-
tleman from Connecticut is leiribly afraid thai
manufactures will supplant commerce. While the
ship continues to be the pride and boast of Amer-
ica, and of man, let no one decry manufactures j
for without a constellation of auziliar arts, that
ilupendotu manufacture cannot exist. While

ScttATK.

on the subject of manufactures, I must do these
Slates the justice lo remark, that they are already
become, a great manufacturing country. The
manufaetnres in iron, from the gathering of the
ore, through the operaiions of forging and refining,
up to the casting of hollow ware, the preparation
01 nails, and fabrication of cannon, are pursued
with great success. Works in pelts and skins,
such as leather, military accoutrements, saddlery,
trunks, gloves, breeches, shoes, boots, barnesti-
making, and book-binding, are carried on to wide
extent. PrepBiations of wood in cabinet ware,
furnilure, and carriages, are done in beaalifnl
style ; in woollen goods, the combination of iit-
dustry, with skill, has passed from the family fire*
side to public institntiont. The brass-founder, the
copper-smith, the jeweller, and the wire-worker,
e made distinguished progresa in their respect-
arts. I pass over brewing, distillery, and a
hundredother employments, that I may give credit
to the Congress for the aid given to ceilain other
branches of manufacture a ftw sessions ago. By •
an exemption of rags from the pavment of dutiet,
ample stock was provided for the paper mills,
and an addiiioDal supply of the materials prepared
for gazettea, pamphlets, and books, so accessary to
a free and well-informed people. By a similar
regulation in favor of regulus of antimony, the
anufactare of types was favored, and sucli aid

E'ven to literature, that already the Qreek and
atin classics appear in American print. The
preparation of mill-stones, and flour, that staple of
country, was encouraged by permitting un-
iQght burrs to be imported from their quartzy
ta in France, free from imposts. In like man-
ibe admission of clay, cork, gypsum, bristles,
hides, bullion, furs, wool, and many other articles,
'e worked beneficial effects upon our dome^
manafactures. In this enumeration there is
mention of the manufactures which depress
the character and prostrate the soul of man. I
hope the degeneracy which accompanies the silk
manufacture at Lyons, the cotton manufacture at
Manchester, and the hard-ware manufacture at
Birmingham and Sheffield, will never, never be
seen in these abodes of liberty. Indeed, it is im-
possible it sboald, while industry is rewarded
with the highest wages, and where land can be
bougbtal a moderate price. That compact popu-
lation, where thera are more mouths than food,
and those statBtes of apprenticeship and poorlawa
which tie up the bands of the subject, and almost
deprive him of locomotion, are unknown among
us. The miseries consequent upon an over-popu-
lation, and upon the manufactures which grow
oat of that state of society, are as yet so far oC
that centuries must paaa away before ihey will
overtake us.

The people moreover, it is contended, will not
endure the embargo, and will, if it is not repealed,
in open opposition to their Government, by
ling it. Turbulent men may perhapa be
found, who may make direct resistance to those
ites. But Mr. M. declared he had a better
opinion of his counlrjrmen ihao to suppose they
would be eoneerned in iosurrectiona. He wa>

.yGoogIc

HISTORY OP CONGRESS.

NOTEMBEB, 1808.

ed 10 atleod courts as jurors, called lo decide dif-
fereocFS as arbiirators, aod privileged to vote as
electors; they were besides instructed in (be prin-
ciples of ciril liberty, moral order, and retigious
discipline; ibejr comprehended well the value of
life, property, and social eooneiioiis; and they
kad atso steady habits of respect to themselves,
Bod the laws enacted by men of (heir own choice.
Such a people will consider maturely the lurpi-
ludeoftesisiiog the lawful aatbority. The awful
eoniequences of treason will be perfectly foreseen
and avoidrd. A people worthy lo enjoy freedom,
will not be prone to riotous conduct; on the con-
trary, they will feel a strong cu-operation of in-
terest witn duly, to prevent violeuce and disorder.
The goveramenl which surpasses everv other in
atren^th i& a popular goTernment, where each
indiridual, reeling himself to he a portion of the
•sovereignty, ezertE himselfto support the majesty
of Ilic laws. The yeomanry of the different com-
monwealths have nothing to gain by mobs ; they
are the safeguards of the nation, and the deter-
mined foes of rebellion. And as laog as the farm-
ers pre^ietve their iuiegrity, (and they will proba-
bly maintain it longer than any other class.) so
long will misrule and anarchy be prevented.
Tiiough a few intemperate and deluded men
have already become outrageous, their influence
has been very limited and their reign eieceedingly
flhon.

Another consequence of the embargo will be,
it is urged, an annihilation of the military courage
and glory of the nation. If hy this o^jservaiion is
meant (bat it would be belter to lake warlike
measures, 1 must take this opportunity of declar-
ing, that it has always, since the cominem ~
cf^my Congressional life, been a most df
object with me to prepare for the worst of
Peace has ever appeared to me the season
pare for war, as Summer is the time to lay up a
store for Winter, and youth toprovideforofd age.
Accordingly, I have conceived it to be a leading
object of my public duly, to vote for all the mea-
BUrei proposed by others for the general defence,
and to propose others myself. I hare pressed the
business of appropriations fur fortifying aur weak

E laces with a zeal that some of my friends may
are deemed unfortunate. But if a war should
be found necessary for the setilement of these
commercial disputes, I should think some further
time would be requisite to prepare for it. I ques-
tion wbeibetwe are in a condiiion to rush imme-
diately to the hostile conflict. A little further
preparation for the general welfare is probably
necessary. Perhaps I may be influenced too
in (his case by social feelings. A revidi
New York city, I feel the - - -

works of defence erecting for their security
scarcely far enough advanced to be proaounced
effectual; and I heartily hope that imporiant,
though vulnerable port, may be properly shielded

before we contend with an enemy. I know, and
.11 the warld knows, the bravery of the Ameti-
:ans ; while, therefore, I disregard the ga=conadin£
language of such ds would talk us into war,!
would prepare seriously for that event. Being %a
prepared, we may remove Ihe embargo and take
our former position on the ocean with a laanly
and determined attitude. Until Congress shall
lake further measures of (bis kind, prudence would
> in our present state, at least
for a short time; and until the means of precauiioa
■ity shall be more effectually provided,
I shall, for one, be willing to bear the reproach
of withholding my eager countrymen from tb«
display of their c[>u rage, and the acquisition of

But we are told, that the evasions of the em-
bargo laws are so frequent thai they cannot bs

:ecuted. This indeed is lamentably (rue. We
ad constantly in ihe gazelles of American float
ofi'ered for sale in the West Indies. The vegeta-
ble alkali of New York and Vermont is advetiised
in Liverpool. as potash from Canada. Shi|)Slhal
were abroad when the embargo was laid, cod-
lioue to shun their country, though navigating ia
exile, under the American flag. British vesselt
are chartered in our ports to carry on a commerce
which our vensels are forbidden (o engage in.
The violators of (he laws are making fortune^
while the conscientious observers of (hem are suf-

. . of (hese stratagems. T lie viola-
tion of a law is of itself no argument against its
wisdom or duration. The statutes against lar-
cency. forgery, burglary, and murder, are frequent-
ly broken ; and yet it would be ihougltt very
strange if such occa<.ional infractions should be
pleaded as reasons for (heir repeal. If, on the
whole, 1 was convinced, that the embargo laws
could not be executed, I ehould consider tliem ai
worse than useless, end demanding an immediate
repeal ; or if I thought the adherence lo them for
the purpose of avoiding a foreign war, would In-
volve us io a domestic one, there would on that
supposition be not one moment's hesitation in my
mind in preferring a contest abroad lo contention
a( home. On these poin(i>, bowever, I want fui-
tber information ; and I hope the motion on the
table may be so disposed ol^ as (o permit that in-
formadon to be brought before us. We shall then
discover how far (he Taws are inoperative through
(heir own imperfect construction, through the
carelessness of those whose duty it is to execute
them, and through the general and avowed dispo-
sition of the people at large to disregard them.
We shall also learn whether disconleol and dis-
affection have spread so through society, as our
alarmists would persuade us. Having thus, sir.
taken a view of our past and present condition, I
shall, with your leave, ofier a few remarks of a
prospective kind. Let us now suppose the em-
bargo Bciually removed, what would be the con-
sequence 1 There are several subjects of doubt
and apprehension, directly before ua.

First, I feel if I should give my vote for the re-
solution before the Senate, I should consent (o ■

.yGoogIc

mSTORT OP CONGRESS.

NOTEMBEB, 1808.

surrender of the honor and iodepeodence of my ba*iDg little agency in tbe passing political

coantry. For Ibese, as loog as aoy portion of
ihem are confided to me, 1 hold myself, and (hit
nation holds rae, solemnly responsible. At the
same lime, i wish some method might be de-
Tised lo give a partial outlet <o our accomolaied
productions. 1 confidently hope this may be ac-
complished without violating any principle, with-
out incurrins the least reproach. The conveni-
ence of the citizens will thai be in uaison with
the honor of their GoTerament.

Secondly, the uiiquali6ed and uncaaditioDal
removal of the existing restriclioDs would proba-
bly give Kueh a loose to commerce, that the reite-
rated aggressions of lormer yetn would be re-
Tired, and impressment of seamen and passen-
gers, capture and coademaaiion of i - '
cargoes, violations of territory. ioTesI

Gris and harbori, and ibe murder of
practised as heretofore.
Thirdly, under existing circumstances, tbe wfe-
ly of commerce might require licenses to arm
and make reprisals. Aod this warfare would in
all probability soon be whetted up to war. And
although I do Qoi dread a state ol hostility, when

aels and

ir citj^ens,

mpelled the
causes, as so calamitous an e
friends are pleased to coosidt
ought not to be courted, bu
avoided if possible. It has
served by somebody, that :

aod necessary
rent as many of my
r it, yet certainly it
t on the other hand
been shrewdly ob-
\d then

o plethoric habits, and that bloodletline
the most speedy and efficacious remedy. Whe-
ther any of the State physiuinns shall pronounce
that disease (o exi.it, and shall attempt to cure it
by abstinsDce or bleeding, my owa opinion is that
the repeal of the embargo ought to be tccotn-
panied with various provisional and defensive
measures, not expressed in the molioa before the
Senate.

Fourthly — but I check mjrsvlf and forbear (o
enlarge on these topics. In all our deliberations
let us discard foreign prefereoces, and remember
that on great public questions, where alien Gov-
ernments are brought into collision wiih our own,
there ought to exist in our councils but one mind,
one spirit, one feeling, and these should be irnly
American.
When Mr. M. concluded, the Senate adjourned.

TcEanAT, November 24.

Mr. AitDERaon. from the committee to whom
was referred the bill, entitled "An act to author-
ize tbe conveyance ofcertaio papers and docu-
ments by the mail free of foslage," reported tbe
bill without amendment.

THE EHBARGO.

The Senate resumed the consideration of the
motion made on the 11th ioslant, for repealing
the "Act laying an embnrgoon all ships and ves-
sels in the ports and harbors of tbe United States,
ind the several acts supplementary iherelp."

Mr. Giles addressed the feoate as follows : •

Mr. President: Having during the recess of
Congress retired from the political world, at)d

part of the country, loo, where
there is little or no difference in political opinions,
aod where (he embargo laws are aimast univer-
sally approved, I felt the real wanl of informa-
tion npon the subject now under discussion. I
thought I knew something of the general object!
of tbe embargo laws, aod 1 had not been inatten-
tive to their general operatioos upon society, as
far as 1 had opportunities of observing thereupon.
When I arrived here, and found that (his sub-
ject had excited so much sensibility inthe minds
of many gentlemen I met with, as to engrois
their whole thoughts, and almost to banish every
other topic of conversation, 1 felt also a curiosity
to know what were the horrible effects of these
laws in other parts of the country, and which
had escaped my observation in the part of tbe
country in which 1 reside. Of course, sir, I have
given to tbe gentlemen, who have favured'us with
their observations on both sides of the question
under consideration, (be most careful and respect-
ful attention, and particularly to (he gendemen
represeoiing (he eastern section of the Union,
where most of this sensibility had been excited.
I always listen lo gentlemen from (ha( part of the
United States with pleasure, and generally re-
ceive instruction from them ; but on this occasion,
I am reluclantiv compelled to acknowledge, that
I have received from them less satisfaction, and
less information than usual; and still less con-
It was hardly to have been expected, Mr. Presi-
dent, that after so many angry and turbulent pas-
sions had been called into action, by the recent
agitations throughout the whole United Slates,
resulting from ibe elections by the people, to
almost all the important offices within their gift,
and particularly from (he elections of Electors
for choosing (he President and Vice President of
tbe United Stales, that gentlemen would have
met here perfectly exempt from tbe feelings
which this state of things was naturally calcu-
lated to inspire. Much less was it to have been
expected, sir, (hat geatlemen who bad once pos-
sessed tbe power of the nation, and who, from
some cause or other, bad lost it; (a loss, which
(hey now tell us they but too tDell remember, and
I fear, might have added, loo deeply deplore,) gen-
tlemen too, sir, who at one time during the elec-
tioneering scene, had indulged (he fond and de-
lusive hope, (hat ibrough the privations necessa-
rily imposed upon our fellow- citizens, by the un-
exampled aggressions of the belligerent Powers,
(hey might once more find (heir way (o office and
power, and who now find themselves disappointed
in this darling expectation — it was not at all to
be expected, sir, that these gentlemen ihould now
appear here, perfectly exempt from the unpleasant
feelings which so dreadfol a disappointment must
necessarily have produced. It was a demand upon
human nature for too great asacri&ce; and how-
ever desirable such an eiemplion might have
been at the present moment, and however honor-
able it would have been to those geollemcn, it
was not expected.

.yGoogIc

95

HISTORY OF CONGRESS.

NorEHBBB, 1809.

But, sir, 1 had indulged a hope thai the eslra-
ordinary daogers and difficulties pressed upon us
bf ihe aggressing belUgereaCs, atCeDded, roo, with
so niADV circunisiancea of indigmiy and insult,
would have aiffakeued a s€osibiTity in the bosom
of every ceDtleroan of this body, which would
have whoTiy suppressed, or at least suspended,
these unpleasant feelings, until some measures,
coDsultiog the general interests and welfare of
the people, could have been devised, to meet, re-
sist, and if possible, to subdue the extraordinarir
crisis. But, sir, even in this hope too, I have been
totally disappointed. I was the more encouraged
in this hope, when upon opening this debate the
gentleman from Connecticut ^Mr. Hillbodse)
seemed sensible of this sacred ooligatiou, imposed
by the crisis; when he exhorted us, in conducting
our deliberations, utterly to discard the influeaee
of parly spirit. It would have given me great
pleasure, sir, if the gentleman had afforded us a
magoanitnous example of a precept so admirably
suited to the present stateof things. Bu|in this too,
sir, I have been unfortunaiel]' disappointed. That
gentleman's observations consisted almost exclu-
sively of retrospective animadversions upon the
original objects and horrible efiecis of the embargo
laws.withoutseemioglothinkil was worth his at-
tention to favor us with any reflections upon the
piospeclivecourseof measures, which the people's
interests, the public safety, and general welfare, so
imperiously demaud. That gentleman represented
the embargo laws as mere acts of voliiioo, im-
pelled by no cause nor necessity ; whilst the Brit-
ish orders, and French edicts, were scarcely
glanced at, and certainly formed the least promi-
nent feature of his observations. Me represented
these laws as a wanton and wicked attack upon

he seemed scarcely to have recollected the extra-
ordinary dangers and diCBcullies which over-
spread the ocean — indeed, sir, he described the
ocean as perfectly free from dangers and diffi-
culties, unruffled by any storms, and thai we bad
nothing to do but to unfurl our canvass to the
wind, that it would be filled with prosperous gales,
and wafted to the ports of its destination, where
it would be received with open arms of friend-
ship and hospitality. 1 with, sir, with all my
hear l.thegenileman could hut realize these dream-
ing visions; their reality would act like a magic
spell upon the embargo laws, and dissipate them
in a moment ! But, alas, sir, when we come to
look at realities, when we turn our eyes upon the
teal dangars and difficulties which do overspread
the ocean, we shall find them so formidable, that
ihe wisdom of our undivided counsels, ond the
energy of our undivided action, will scarcely be
sufficient to resist and conquer them. To my
great regret, sir, we now see, that the United
States cannot even hope lo be blessed with this
uoiouof mind and action, although certainly their
dearest interests demand it.

Mr. President, perhaps the greatest inconveni-
ence attending popular governmeuls, consists in
this; that whenever the union and energy of the
people are most required to resist foreign aggres-

sions, the pressure of these aggression? presenis
most temptations to distrusts and divisions. Was
there ever a stronger illustration of the truth and
of this observation than the recent ef-
ade under the pressure of the embargo
The moment the privations, reloclanily,
essarily imposed by these laws, became to
be felt, was the moment of signal to everf polili-
eal demagogue, who wished to find bis way to
office and to power, to excite the distracts of ibe
people, and then to separate them from the Gov-
ernment of their choice, by every exaggeration
wbich ingenuity could devise, and every misrep-
resenialion which falsehood could inveot; doid-
iog was omitted which it was conceired would
have a tendency to effect thin object. But, Mr.
President, the people of the United States must
learn the lessen now, and at all future times, of
disrespecting the bold and disingenuous cbarges
and insinuations of such aspiring denaagognes.
They must learn to respect and rally round ibeir
own Government, or they never can present a for-
midable front to a foreign aggressor. Sir, the
people of the United States have already learnt
this lesson. They bave recently given an hon-
orable and glorious example of their knowledge
in this respect. They have, in their receot elec-
tions, demonstrated to the nation and to the world
that they possess too much good sense to become
the dupes of these delusive artifices, and too much
patriotism to desert their Government, when it
stands most in need of their support and energy.

The gentleman from Connecticut (Mr. Hill-
bodbe) has made the most strict, and I had al-
most said, uncharitable scrutiny into the objects
and effects of the embargo laws, in the delusive
hope, 1 presume, of obtaining a triumph orer bis
political adversaries. I propose lo follow the
gentleman, in afairand candid comparison of in-
tormation and opinions upon this subject ; and I
shall do so in the most perfect confidence, that,
whenever a thorough examination of the objects
and effects of the embargo laws shall be inade
known, and the merits of the measure folly un-
derstood, that there is not a man in the United
States who will not applaud and support the Ad-
ministration for its adoption, who has the uacon-
taminaied heartof an American throbbing within
his bosom.

Sir, I have always understood that there were
two objects contemplated by the embargo laws.
The fitst, precautionary, operating upon our-
selves. The second, coercive, operating upon the
aggressing belligerents. Precautionary, in saving
our seamen, our thips,Bnd our merchandise, from
the plunder of our enemies, and avoiding the ca-
lamilies of war. Coercive, by addressing strong
appeals to the interests of both the belligerents.
The first object has been answered beyond my
most sanguine expectations. To make afair and
just estimate of this measure^ reference should be
nad to our situation at the time of its adoption.
At that time, (he aggressions of both tbe belliger-
■renis were such, a^to leave tbe United States
but a painful alteroative in Ihe choice of one of
three measures, to wit, the embargo, war, or bub-

.yGooglc

HISTORr OP CONGRESS.

NOTEMBBR, 180a

Senate.

iniisioD. I know (bat this position has not been
tidntilled, though but fiinily denied io ibe discus-
sion. I shall howerer proceed upon ibis hypolh-
esis Tor ihu preseot, aod in (be course of idv uI>-
lerrations will prore its correctness by the itnte-
menlsuf tliEgeDlleraeniD favor of the resolutiuD.
Bei'ore the recommendaiion of the measure,
the laudable sod provideul circumspection of the
AdmiaislratioD hnd oblaioed lolerebly correct es-
tiiuaies of the amount and value of ibe ships and
merchandise belonsinglo the citizens of the Uni-
ted Stales then affoat, and the amount and val-
ue of what wai shortly expected lo be a6oHl ; to-
gelher with a conjectural statement of tbe num-
ber of the seameD employed in the navigation

It was found that merchandiie to the value of
one hundred millions of dollars was actually
afloat, in veseels amounting in value to twenty
millions more. That an amount of merchandise
and veuels equal to fifty millions of dollars more,
was expected to be shortly put.afloat, and that it
would require fifty thousand seamen to be em-
ployed io the UHVigatioD of this enormous amount
of properly. Tbe Administration was informed
of the hostile edicts of France previously issued,
and then in a stale of execution, and of ~ ' '

n Ibe [

e her

..' and object of which
also koowa. The object was, to sweep this
able commerce from the ocean. The situ
of thi:i commerce was as well known to Great
Britain, as to ourselvei>,and her inordinate cupid-
ity could not withstand the temptation of the rich
booty, she vainly thought within her power.
This was the stale of information at the time
this measure was recommended.

The President of the United Slates, ever watch-
ful and anxious for the preservation of the per-
sons and property of all our fetlow-cilizens, but
particularly of ihu merchants, whose property is
most exposed to danger,and of tbeseamen whose
persons are also most exposed^ recommended the
embargo for the protection of both ; and it has
saved and protected both. Let us now suppose,
for a moment, that the President, possessed ol this
information, had not apprized the merchanls and
seamen of their danger, and had recommended no
measure for their safety and protection ; would
he not in that case have merited and received tbe
reproaches which the ignorance or iiigratitude of
merchanls and aihers have so unjustly heaped upon
him, for his judicious and anxious attentions to
tbeir interests? It is admitted by all, (hat the
embargo laws have saved this enormous amount
of property, and this number df seamen, which,
without them, would have forcibly gone into the
hands of our enemies, to pamper their arrogance,
stimulate tbeir injustice, and increase their means
of annoyance.

1 should suppose, Mr. President, this saving
woTlh some notice. But, sir, we are told that in-
stead of protecting ourseamen, it hai driven them
oat ,.f the country, and into foreign service. I
believe, sir, that this fact is greatly exaggerated.
But, air. suppose for a moment that it is lo, the
lOtb Cov. 2d Si8S.— 4

Government has done all, in this respect, ii was
bound to do. It placed these seamen in tbe
bosoms of their friends and families, in a state of
perfect security ; end if they have since thought
proper to abaadon these blessings, and emigrate
from tbeir country, it was an act of choice, not
of necessity. But. what would have been the
unhappy destiny of these brave tars, if they bad
been permitted to have been carried into cap-
tivity, and sent adrift on unfriendly and inbos-
E liable shores'? Why, sir, in that case, they would
ave had no choice; necessity would have driven
them into a hard and ignominious service, to
fight the baitles of the authors of tbeir dreadful
calamities, against a nation with wbi'^h their
country was at peace. And is the bold and gen-
erous American tar to be told, that he is lo dis-
respect the Administration for its anxious and
effectual attentions to his interests? for reliev-
ing him from a dreadful captivity? Even nuder
the hardships he does suffer, and which I sin-
cerely regret, every generous feeling of his noble
heart would repel the base attempt with indig-
nation. But, sir, the American seamen have not
deserted their coiintry ; foreign seamen may and
probably have gone into foreign service; and, for
one, I am glad of it, I hope thev will never re-
turn ; and 1 am willing to pats a law, in favor of
tbe true-hearted American seamen, that these
foreign seamen never should return. I would
even prohibit them from being employed in mer-
chant vessels. The American seamen have found
employment in the country ; and whenever the
proper season shall arrive for employing them on
iheir proper element, you will find them, like true
birds of passage, hovering in crowds upon your

Whilst considering this pan of ihe subject. I
cannot help expressing my regret that, at tbe
lime of passing our embargo laws, a proportion
of our seamen was not taken into the public ser-
vice; because, in my judgment, the nation re-
quired their services, and it would have been
some alleviation to iheir hardships, which tbe
measure peculiarly imposed upon them, as a class
of citizens, by affecting their immediate ocenpa-
tion ; and ihe other classes, as well as the public
Treasury, were able to contribute to ibeir alle-
viation ; and I nm willing to do the same thing
at this time. Indeed, its omission is the only re-
gret I have ever felt, at the measures of the last
Congress. I like the diameter — 1 like the open
frankness, and the ^enerousfeelingsof the honest
American tar ; and, whenever in my power, I am
ready to give, and will with pleasure give him
my proieciion and sunport. One of ihe most im-
portant and agreeable effects of the embargo
laws, is giving these honest fellows a safe asy-
lum. But, sir, these are nut the only good effects
of the embargo. It has preserved our peace — it
has saved our honor — it has saved our national
independence. Are these savings not worth no-
lice? Are these blessings not worth preserving?
Tbe gentleman from Delaware (Mr. White)
has, indeed, told us, that under tbe embargo laws,
the United States are bleeding at every pore.

.yGoogIc

HISTORY OF CONGRESS.

SUHATB.

NoTEHBEft, 1803.

This, surely, sir. is one of the moM eiiravaganl
effects ihat could have been ascribed lu these
laws by the frantic dreams of Ihe most iofatuated
passions. Blood-leltine is the last effect thai I
ever expected to hear ascribed to this measure.
I thought it was of the opposite character; but ii
aerves to show that nothing is too extravagant for
the misguided zeai o( geollemen in the opposi-
tion. I bare cast my eyes about in Fain to dis-
cover those copious streams oi blood ; but I nei-
ther see nor hear any thing of them Trora any other
quarter. So far from the United Slates hleedinir
ml every pore, under the embargo, it has saved
them from bleeding at any pore; and one of the
Iiighest compliments to the measure i*, that it
has saved us from the very caiamity which the
gentleman attributed to it; but which, thanks to
our belter stars and wiser counsels, does not exist.
The gentleman from Connecticut, (Mr, Hill-
BODSB,) not content with describing the general
horrors of the embargo laws, has addressed him-
lelf, in plaintive tones, to several particular
classes of citizens, and has kindly informed each
of bis particular hardship? and sufferings. The
gentleman asks, what has become of the mer-
chant? What has become of the farmer^ I
know someihiog of the situation of the farmer ;
and, as to the mercbanl, 1 had felt serious appre-
hensions for his situation, until they were maie-
Finlly relieved by the information given by the
gentleman. The gentleman tells us thai the
great capitalists do not suffer ; they are in favor
of the embargo; but the young, dashing-, enter-
prising merchant, without capital, is destroyed.
This staiemeot is highly lionorable to the em-
bargo laws, and proves a great deal. The capi-
talist, who has properly, finds its security under
the embargo; he is therefore in favor of the men-
atire ; but the merchant, who has nothing, is de-
prived of an opportunity of making lomelhina
out of that noihiog. But bis ritchts are not af-
fected by the embargo; be is left io the eojoy-
meDl or the nothing he possessed; and has no
reason to complain that the embargo does not
give him something without laboring for it. I
regret, however, that ihe.se merchants, wiihoui
capital, have lost the chance of making their for-
tunes by the embargo; hut even Ihemost of these,
the ffenlleraantellsus. would probably havebecome
bankrupt, by their wild speculations, even if the
embargo were not in being; and, of course, their

But, Mr. President. I am willing to admit that
(here are many worthy merchants, of small capi-
tal, who do suffer by ilie suspension of their em-
ployments ; and I am very sorry for them ; but
this suffering is incidental to every coerced stale
of things ; and is attributable, not properly to the
embargo, but to the causea that rendered its adop-
tion indispensable.

The gentleman, however, tells us, with the
most sympathetic fcelinss, that the ships of the
great capitalists are rotting al our wharves, and
yet these capitalists are in favor of the embargo.
Why, air, this is a very plain case, when stript of
lu exBggentiona. The ahipsare precisely twelve

months older than they were twelve months ago;

and the owners would rather have them there,
with this difference of age and proportionate de-
cay, than 10 see them torn away by lawless plun-
derers, and wholly lost forever. Bui, sir, what
would have become of many of these capilalisu
if it had not been for the embargo? Their prop-
erly would have been plundered, and they be-
come bankrupts. Is it any wonder then, sir, thai
these men should be in favor of the embargo 1
Review, then, this statement made by the gentle-
men, respecting the merchants, and what is the
actual result? Why this, sir; thai, although they
do suffer by the necessary inierruptiou of their
particular occupation, (a suffering I deplore ai
much as any gentleman in the United States,}
yet the real owoers of the property do not com-
plain ; and almost the only grumblers are those
who have nothing to grumble about.

But, says the gentleman, what has become of
the farmer? The gentleman knows that I am a
farmerj and that I have long borne the appeili-
tioii with sincere pleasure; 1 may therefore be
presumed to know somelhiiij of the situation of
the farmer ; and not only in' my own naiDe, but
io ihe name of the whole happv, useful, and hon-
orable fraternity of American farmers, I will tell
the gentleman what that situation is at this mo-
ment. The American farmer is now enjoying
the fruits of bis honest industry, in peace aod se-
curity, blessed at the same time with every polil-
ical, social, and domestic enjoyment, perfectly
e^mpt from all vexations, and i had almost said
taxations, and with pleasure beholds a surplus of
fourteen millions of dollars in the public Treasury
after paying every debt which could be demanded
of the honor of the Government. All these
blessings, too, are sweeteoeil by the noble con-
sciousness that they are enjoyed by him as a free-
roan, and by a constant recollection, and perfect
confidence, that be is protected in this enjoy-
ment by a Goveroment which will never basely
surrender his rights, nor the national aovereigtity,
to any foreign aggressor upon earth. Blessed
with all these uninterrupted enjoyments, I asree
nerfectiy in sentiment with the gentleman from
Ntw York, {Mr. Mitchill,) thai with a heart
overflowing with the most grateful affections, he
shouldrenderlhanks to the author of all good, that
in the bountiful dispensation of his providence,
he has been pleased to pour so many blessings
into the lap of the American farmer. Grumbling
and repining when thus favored, would, in my
opinion, be impiety to Heaven, and Ingratitude
to his own Govcrnmeni.

The gentleman' does not tell you, sir, that the
farmer wants anything, but that he has pleniv,
over much. The puzzle is, to know what to do
with the surplus pletiiy. And howdoes the gen-
tleman advise the farmer to dispose of it 1 Why
he Ictls him, raise tbc embargo and It will increase
the price of your surplus produce; and for this
supposed difference in price, he advises the farmer
to sell his own freedom and his country's inde-
pendence ; and in this contemptible and misera-
ble bsrier, to purchase his owo, snd hia oonotry^

.yGoogIc

101

HISTORY OF CONGRESS.

NOVEHBEB, 18Q8.

TSMalage — lo Rease to be a freeraao, and to be*
come a slave— lo give up ihe noble feelings in-
spited by libert)^ nai freedom, and to descend lo
(fie abject and ignominious existence of a slave
without any meatal feeling whatever. Sir. let me
lell ihat geallemao, in my oivn oame and in the
name ol ererf farmer in the United Stales, that
we would rvpel with indignity and indignation
the disgraceful golden allurement, even if it could
be realized. But, sir, dishonorable as the allure-
ment is, it is Qciiiious, it is visionary. It could not
be realized, i believe, and every sensible farmer
will believe, that be has for the last ten months
obtained more fur bis surplus plenty under the
embargo, than he could have done in any othei
Kate of things, which was in Ihe choice of the
Qovernment. Let us suppose that the immense
mercantile capital which is admitted to have been
saved by ibe embargo had been seized and carried
into foreign ports and there condemned; what
would have been its effects upon the mercantile
capital of Ibis conntryl It would have so crip-
pled our mcrchanls, that they would not have
been able for a lon^ time to purchase (he surplus
produce of the nation.

But that is not all, these merchants would have
claimed indemnificatioa from the Government
for losses which, in that case they wnuld have
urged, were sustained by its culpable neglect;
and they would have plunged us into war, to re-
pair so greai an injury rnQicted upon the nation ;
(he foreign plunderers too, would hare told us,
that they cared but little about a war, as (hey
had taken from us sufficient means for defraying
its expense. Thus, in that state of (hinss, a war
would hav« been inevitable; and would you tell
Ihe farmer, (bat he would get more fur bis sur-
plus produce in time of war. (ban he has received
since the embargo? Sir, tne farmer knows too
well the calamities of war, to be (bus deluded by
these visionary golden dreams, lb the event of
war, he would not have received as much for his
surplus produce, as under (be embargo laws:
hence, it obviously appears, from a fair estimate
of pounds, shillings, and pence, (since we are
compelled lo resort to that standard, as the only
orthodox test of our national honor, national sen-
sibility, and even national independence,) yes, sir,
even accordipg to that sordid standard, the farmer
would have been the loier. Besides, sir, to say
DothiDg of the increased taxes, and other burdens
indispensable totheaupport of war. who can count
its chances, or limit its daratioal Who can
calculate its deraoraliziog consequences ? But
calamitous as war ii,the American farmers would
wi(h eagerness encounter ail it! terrors, rather
than surrender their own liberties, and the nation's
honor, independence, and sovereignty; let us then
for a time, sir, bear our present privations — let
war be the last experiment.

But, sir, I will mention another ci
which may be some alleviation to the farmer, for
the difference in the price of his surplus plenty
now and in 'ordinary limes. When the price of
produce is low, Ihe temptaiion to raise large crops

Sghatb.

will be lessened, and Ihe farmer will turn a ci

tain portion of his labor (o (he improvement of
his farm. The high prices of produce here(ofDre
have induced the farmer to impose too much upon
his land — too great demands nave been made on
ii— and it has been in some degree exhausted. The
embargo has apprized the farmer of this import-
" ' " ■" " ' taught him his true inter-

have no doubt a general sentiment exists in favor
still greater change. A greater portion of
' is also converted into household manufac-
I, which will lessen our demand and depend-
upon foreign nations. In both these respect*,
1 believe, the operation of the embargo is favara-
0 (he farmer, at the present moment, and will
linly be favorable to posterity, by transmit-
In it a more ferlilized soil for cultivation. It
will be favorable, at the present moment, in ibii
respect — thai, before (he ndoption of Ihe embargo,
the farmer was tempted to apply loo great a pro-
portion of his labor to the annual increase ofciopt,
and too small a portion of it to ibe permanent im-
provement and fertilization of his farm. I men-
(his as an alleviation, not as a complete ex-
lion from the effects of (he embargo, and i(«
ir producing a beneficial influence upon cnl-
tivation and internal improvement.

I hope by this time, Mr. President, that the
gentleman wilt concur with me in opinion, ihal
' e situation of ihe American farmers is rather .
.viable than miserable — thai he has good sens«
ough to make a just estimate of his own inter-
es(s,and possesses too much honorable sensibility
not to repel with iodignaiion every attempt to
seduce him into a disgrncefu] surrender of his own
liberties or bis country'^ independence.

Let us now take a view of its eSecit upon soma
other classes of our fellow-citizens, which seem
almost to have escapea the gentleman's notice, or
at leasi not to have excited so much of his plain-
live sympathies — I allude to the manufacturer,
the mechanic,and the laborer. The manufacturer
seems to be in such a state of prosperity, as rather
to have excited the gentleman's jealousy than hia
tender commiseration. He fears that the real
object of (he embargo was lo erect the manufac-
turing system upon the ruins of commerce. I do
not mean here, sir, to reply to the sugzestion of
this unfounded jealousy. I mean, In Iht coun*
of these observations, to make Ihal a subject of
distinct and separate eiaminaiion. I shall here
however take the liberty of remarking, without
the fear of still further exciliag the gentleman'*
jealousy, that I am extremely happy to see, not
only that we have abundant fabrics lor manufac-
lures, but that we have artisans sufficient to mould
tbem into all the articles necessary for home con-
sumption, and thus lessen our dependence upon
foreign nations for our supply. I rejoice, indeed,
lo see our infant manufaciures growing into im-

Eortance,and (hat (he most successful experiment
as attended every a((empt at improvement.
What is the situation of ihe mechanic and the ta-
borerl They have full employment, good wagea,
and cheap living. I am told, air, thai wilhia the

.yGoogIc

HISTORY OF CONGRESS.

Senate.

NorEuiEB, 1808.

Uit year, one thousand hnuses have been erected
in Pbiladelpliia. I ace ai this time more houses
buildiog at GeorgeioowD, erern for mercantile
purposes, and nioreimprovemeQts in ih is city, than
ever I have seen beforej and I believe this gener-
ally to he ihe case throughout the country. That
ihiaisacorrect $iB(eTnenlorfacl9,Ibaveno daubt.
How,theTi,ii ihja agreeable and unexpected scene
mccounied far,aroiJKt this mercantile clamor about
the slagnalion of buiinefB? It is because a greater
propuriLon of the overgrown mercantile capita)
i« now diverted from eiternai commerce to inier-
nal imnrovemenls, And I am strongly inclined
to thinK that this transposition of a eetiam por-
tion of the mercantile capital will produce a ben-
eficial operation, in a national point of view,
and probably eren more productive to ibecapiial-
iit than risking it in the employment of foreign
trade.

This i believe to bea fair, just, and candid siate-
m«Ql of the operation of the embargo laws upon
tbe several great classes of citizens; and, wnen
correctly viewed, bow different in its aspect from
the miserable picture of horrors presented tons by
the gentleman from Connecticut ! When you
Ull a mechanic or a labortr of his distresses and
anfleringi, when he has full employment, good
wages, and cheap living, he would laugh at you ;
he would either tniok you silly, or that you meant
to treat him with indignity and insult. These
tre all the blessings he could wish, and they are
enough for any man to possess, wlien he reflects
Upon the narrow span of human enjoyments tbi:
world affords. Sii, the miserable laborer on ihi
Other side the Atlantic would consider the enjoy'
meats of the laborers here Elysium itself; and I
can but lament, for the sake of suffering humani'
Ijr, that it cannot find the way to these enjoy-
ments. I presume tbal, during the late election-
eering scene, every labofer and mechanic in
Pennsylvania was told a thousand times that he
was ruined by the embargo; but thiriy thousand
TOles (majoriiy) have told these frantic, officious
disturbers of the public quiet, in loud and awful
tones, how silly and ridiculous they consider the
•uggestion. The recent elections in most of the
other Stales speak the same empbatii: language.
I have been thus minute, Mr. President, in the
examination of this part of the subject, a:j well to
relieve ourselvea from the miseries and appre-
hensions of our own deluded imaginations, as tc
e foreign natioi

from their delusions, which I shall sho

ID the course of my observations, are the prini
pal if not Ibe only cause of the very hardships
and sufferings so loudly and causelessly complain-
ed of by some gentlemen. Now, sir, take an im-
partial review of the effects of the embargo laws,
as operating upon ourselves,Bnd what is the actual
TesuliT Why, sir, as far as they were precau-
tionary. their success has been complete; and
whilst in their general operations they have been
allended with some privations and sufferines, they
have not been without their beneficial effects ~~
society.
The geDtleman neii ttiumpbanily tells uBj thai

he embargo laws have not had their expected

■ffects upon the aggressing belligerents. That
hey have not had their complete effects; that
ihey have not caused a revocaiion of the Brilisii
orders and French decrees, will readily be admit-
ted; but they certainly have net been without
e beneficial effects upon those nations. Let
however, ask. sir, is this failure a cause of
uph to tie gentleman? Does he feel more
pleasure in the delusive expectation of a triumph
a political adversary, than in the triumph ot

his politicul feelings so strong, that they are to be
indulged, even at the expense of his awa, and his
eouatry's interests? Doeshevainly suppose, that,
disregarding or postponing all consideration of
the people's interests, when their all is at stake,
to the indulgence of these petty animosities, will

{ive bim a just claim to tae neople's applatise?
The does, sir, be is mistaken. It i* by there-
verse of this conduct that he can lay any just
claim to their applause. It is by banishing his
prejudices — it is by conquering bis own passions,
and by devoting the whole energy of his mind ID
their service, at this critical moment, that he cai)
be justly entitled to their applause. This would
be for him a glorious triumph — a triumph over
his own passions; and it would secure him the
public approbation, because the conduct would
be right. Let us then, sir, hope for this concilia-
tion, which would be so honorable to ourselvea,
and would promise so much advantage to the
nation.

In this spirit of conciliation and patriotism,
then, Mr. President, let us inquire, first, what
have been the actual effects of the embargo laws i
upon iheaggressInirbelligerenlG? And, secondly,
what are the actual causes of their failure of com-
plete success? The first inquiry involves much
mercantile information. I have onlysome views
of general mercantile principles — I know little or
nothing oftheir operalive details — I bad, there-
fore, hoped for much information upon this part
of the subject from gentlemen who possessed it ;
but have received very litite satisfaction from
them in that respect.

Thefirst effect of the embargo, upon the aggress-
ing belligerents, was to lessen their inducements
to war, oy keeping out of iheir way the rich
spoils of our commerce, which had invited their
cupidity, and which was saved by those laws. If
they had once possessed themselves of this enor-
mous booty, it would have been a sure pledge for
open and direct war. It would hare defrayed the
expenses of the war for several years. If they
had not gone to war, they would have been com-
pelled either to restore ibe captured properly, or
to make indemnification for it. Its amount alone
would have been a sufficient security against
either of these acts of justice. And is it not bet-
ter that this enormous amount of property should
be on this side of the Atlantic, than on the other?
In Ihe hands of its lawful owners, than in the
hands of unprincipled freebooters? Is it not better
that it should be drawn to our aid in the event of
war, than applied to aid our unjust adversary ?

.yGoogIc

105

mSTOEY OF CONGRESS.

Sbhatb.

U^n this point, I presame, ibete md be but

Tbe second effect, which the embargo laws
bare had on ibe aegtessiog belligerents, i> to er
hance ihe prices of ill American produce, eapec
ally articles of (be first aeceasiiy to ihem, to
considerable degree, aad, if it be a lillls longer
persiited in, will either baniib our produce (which
. I beliere iodispeDtable to ibem) from their i ~
kels altogether, or iacreaae ibe price* lo an c
moas amount ; and, of course, we may hope will
furnish irrwistible inducemeaiE for a relaxatiua
of tbeir hostile orders and edicts. Howerer I
ra^r generally respect the mercanlile informs
orinegeDtleRiDnfromMaxsaebuseits(Mr.LLOTO,)
and the geotleman from Connecticut, (Mr. H
BOVBE,) they appear to me, on this occasion,
to hsTc been Tery correct. I baTe before
two Prices Cnrreot from Liverpool, the one of
the 8tb, the other of tbe SOth September last.
They, I presume, were written Under do political
bias, favorable to Ihe United States. Let us draw
our faces from tbem. I will begin with ihe arti'
cle of the first necessity in Qreal Britain, and one
which, at all times, excites her highest sensibility.
She manifests, at all limes, more anxiety about
faercorn law*, than ao)r other subject of her po-
litical economy. This is a necewary result from
the peculiar state of her population.

Let us then inquire, what is the present etate
of breadmuffs in Great Britain. In the Lirer-
poolPriceCurrent of the Slhaf September, I find
this ioformatioQ upon this subject :

" Our gnia market, for the mcnt part of tho lut
month was very dull ; hDweTer, within Ihia day or two
there hive been some eitenaiTe sales made of New
Voik wheat at I3t. and 3d. at TO lbs., and tbe bolder*
now demand I3f. and Cd. to lit, kit prime parcel*,
which niK7 possibly be obtained, u tbe sppearancea
for the harrest in moat parts of this kingdom are not
quite so &varablo as waiat fint thought, tho late heavy
rsins having provsd injurious in many places, snd the
grain ia much lighter in the esi than former seasons ;
but as Ihe dealera and country milters buy only (a sup-
ply tbeii immediate wants, we do not calculate upon «
material improvement on the annexed pricen, unless
Bome export vent lo Spain or our West India colonies
takes place. Good sweet American flour is not to be
had in this market."

Id the Price Current of the 20th, I find these
observations:

" Large specnlations have lately been made in to-
bacco, in consequence of our stock becoming [imited;
but should the embargo be raised, tbu and every other
description of year produce must very miterially de-
cline in price, wheat and flour eicepted.

" Our Blocks of grain are but moderate, although we
bave been much favored in our harvest."

What refleciion does this information naturally
present lo the mind 1 That tbe crop is tirniied ;
that breadstufis are high, and likely lo be higher ;
that there is such adeficiency of breadstuff^, that
our whole supply will not depress the market.
«ven in the event of raising the embargo; ana
certainly continuing it, (which does not seem
at all calculated upon in England,} would lessen

theqoantlty and raise proporiionably tbe demand
and price.

The gentleman from Connecticut (Mr. Hili.-
bouse) tells as we cannot starve Great Britain.

she, being mistress of the trade of the world, will
supply herself with breadstuffi from oihet quar-
ters and particularij from Spanish America. I
never beard it suggested, except by the gentlemen
in tbe opposition, that we could starve Great Brit-
ain ; but that, through our produce, particularly
our breadstufis, we could make a strong appeal
to her intereits. This fact is demonstrated to
my mind. The Liverpool merchants dilFer with
the gentleman in his mercantile information.
They tell us that nnr whole supply of breadsIuA
will not depress their market. If a ready supply
could be obtained elsewhere, upon better lermi,
there would be no need of a supply front us. But
when has it happened, that Spanish America
could afford this stipply 1 So far from affording
a supply to Qreat Britain, it gets a portion of its
own supplv from us. The gentleman tells us that
Spanish Americans export great quantities of
hides and tallow. That is ttne ; these, however,
are not breadsiuffs. It is not pretended that Great
Britain is in want of meal, but bread ; bread is an
essential of life; meal is no substitute for bread;
it could not prevent even a famine. These doen-
ments a'so go lo show the reason of the low pric«
of New York tluur, quoted by the gentleman front
Massachusetts, [Mr. Llovd.) It is because the
flour was not sweet ; it had been so long kept u
to become sour. I bate no doubt that the Britiah
Cabinet is now looking at ibis subject with great
anxiety; and particularly at our movements in
relation to it. Again, sir ; suppose Qreat Britain
should be able to provision her Islands, it would
be at such an expensive rale as to render them
very unprofitable.

Tbe neit important article is cotton. Let Da
see the prices current respecting that article:

"The operations in our cotton mirket during tb*
whole of last month have been immense, while our to-
tal imports are inadequate to one-half the usual month-
ly consumption ; as the stacks of this article have be-
come more deprflsBed, the speculalora continue purcbaa*
ing with increased spirit, and many of them bava
already realized considerable proStj ; ws thsrefbre
qaote an advance on all desenptians of cotton, of fh)m
id. U> 6d. per lb. above oor last month's rates, wbidi
has principally occurred within the last ten daya; but
we must beg leave to remark, that such unexampled
advances are scarcely ever so well maintained at when
they are gradually est^Iished, and Bom» occorrenca
may, perhaps, shortly take place to put a stop to Aua
ther speculations; we are, however, of opinion, that
prioca ma; yel be driven coniiderabEy higher, althoBgh
they bave to encounter an eitremely bad trade in Matx>

West India cottons have advanced neatly in tba
same proportion as American, and the recent arrivab
bave fully brought the annexed prices, with every mp-
pearance of much higher being realiud."

" In crntona we have a great Mii ; and shodd we
not soon have arrivals fn>m the Braiila, prices moat ba

jjGoogle

107

HISTORY OF CONGRESS.

Sbnatb.

lOS

NOTEHBEB, 180B.

Here the Liverpool meichanis tell us, not only
that the pricps are eiiremely high, and may be
drJTcn much higher, unless same occurrence (lo
wil, raising ihe embargo) tnny perhaps shortly
take place, [o put a atop lo further specutation ;
but that the total imports are inadequate to one-
half the usual Rjonthly consumption. Now, sir,
whence is ons'half of the usual consumption of
cotton to be supplied to the British market. The
British merchaDCsseem totallyata loss for a sup-
ply from anyplace; but ihe gentleman from Con-

eral pIScea of supply — ihe East and West Indies;
and «ven Africa has been resorted to. They have
supplies from all these places now, atid yet the
Liverpool merchaots teil you that the whole im-
ports are not equal to one-half the moothly coo-
lumptioD ; I therefore have no confidence in the
alatement made by the gentleman. With respect
to the illustration of his position, by stating the
supposed analogous case of his butler merchants,
I shall make no reply. Its fallacy was ably de-
monstrated by the gentleman from Georgia, (Mr.
Cbiwford.) 1 will only incidentally remark,
however, that it is the first time I ever recollect
lo have seen that gentleman in debate, when it
appeared to me that he did not know on which
Side At« own breed was buttered.

But the gentleman tells us, that the provident
British Qovernment has sent cotton seed to Africa
to answer a supply of cotton; thai cotton is an
annual plant, and of course a competent supply
may be produed from thai quarter. I am inclined
ID think that this provident Qovernment does not
rely much upon ibis resource; because I imagine
the whole quantity of seed sent thither, would
not be equal to the oBat from one good South
Carolina plantation; and although cotton is cer-
tainly an annual plant, yet the couversion of the
labor of society from one occupation to another,
is DOl the effect of an annual effort. It is one of
the most difficult operations to be performed on
society. I therefore feel no apprehension of a
supply from this source, at least, for many years.
If Great Britain should be cut off from one-half
of ber supply of cotton, it would certainly place
the many thousand manufacturers employed in
the various branches of the cotton business, in a
slate of great distress; and must command the
attention of the British Government.

Th« next article 1 shall mention, is the article
of limber or lumber. I mention these atiicleB

Krtieularly in relation to the supply of the West
dies; ana tbe rather, as the traders ;o these
Islands have been foremost in urging tbe British
hostile orders. I recollect, sometime since, to have
teen a report made, I believe lo the House of
CotDiDODKjShowinKthe proportion of these articlcH
imporied to die West Indies from the United
Slates, in relation to tbe same articles imported
(hither from all the rest of the world ; and the

Eroportlon of these articles, was ninety-nine in tbe
undred, imported from the United States. It is
known thai ihese articles are indispensable lo the
exports from those Islands ; particularly rum, su-
gar, and molasses. And 1 am at a loss to know

from whence these articles can be supplied, except
from the United Slates, li should also be recol-
leclcd that timber and lumber are not of annual
growth, ihey are part of the veteran sturdy oak
iloelf; and therefore that their defieieocy cannot
be so easily supplied as is suggested io relation to

The next article I shall mention, is lobacca.
Wbal say the Liverpool merchants rr^peciinr
thisarticlel '^ ^

" Daring Ihe last monlh tobacco has ezperieand
some fluctuation, and salea have been made at prins
under tboae quoted; but nime conaidenible orders hav-
ing appeared for eiport, the market has agsio settled
■t these rates, and if any opening to the contineDt of
Europe, through the meilium of Holland, should bs
found, an advanre may be expected ; on the contnty,
if ne have only our home consumption to depend upoa,
little allcratian can take place until tbe sentiments of
Ihe American Government bo known at tbo meetingof
Congresa in Novembci next."

It is admitted that tobacco is not so article of
the first necessity ; it is, however, material to the
manufacturer, and highly imporisni to the re?-

Naval stores are also certainly entitled to some
consideration, although some supply of those arti-
cles ia now furnished from Sweden.

I have selected these articles as specimens of tbe

nexion between llie United Stales and Great Brit-
ain ; and to demonstrate thai it csnnut be with-
drawn on our part without esseoiially affcctiD;
her interesta. Again, sir; what elTcct will ibis
recession of intercourse have upon the revenue of
that couniryl I shall make no minute estimaiC;
bal il will certainly have an effect which cannot
be disregarded; and the rather when it is recol-
lected that Great Britain has imposed an export
duly of four per cent, upon her goods senl to tbe
United Slates, which produces to her an annual
revenue of about six hundred thousand dollars,
probably much more ; and that this is a discrimi-
nating duty againsi the United States, which
ought to have been repelled the moment it was
laid ; and especially, as il was avowed that il was
imposed upon the United Stales with the view of
placing Ihem on the same footing with the British

The gentleman from Massachusetts (Mr. Llotd)
tells us, even suppose ihat your embargo laws drive
fifty thousand, or more, manufacturers from their
employmeni in Great Britain, it will only add tn
tier naval and military strength. It would only
give her fifty thousand seamen or soldiers more
than she now has. This. sir. is an unfortuoale
specimen of the prosperity which Great Britain
is supposed to derive from the embargo laws. If
1 am rightly informed, generally, and particularly
yesterday, by the learned gentleman from New
York, {Mr. ftliTCHiLL,) of tbe materials of which
the manufacturers consist, I am disposed lo think
Ihey would make poor seamen, and sorry soldiers.
t do not think the world would have much lo
fear from their prowess. They are fit for manu-
faciurers, and nothing else; and if driven from

.yGoogIc

HISTORY OF CONGRESS.

110

NavEMBBR, 1808. The E

ibeir habitual emplDfniFnls chef mast starve, or
become a charge upon the oatioa. But, air, the
eoDversion of fiftjr tbouaand productiTe and eTeo
expeasiTc laborers, could not contribute mncb to
tbe wealth or power of aay naiioti; bdJ such an
operation in Great Brilain, where the poor ralen
are sufficiently high already, would commBDil the
serious aiiemiou of the GoTernment.

Ther
power of a nation, besides thi
at)d soldiers. It is money,
operntioti upon labor could not he prodiictive of
revenue, but would he ao enormous charge upon
it. 1 am (herefore inclined tu thitit that the Brit-
ish Cabinet would not feel any great ohligalion to
the gentleman fur his ingeniou-s discovery. All
these considerations must present strong induce-
ments to Great Britain to revoke her hostile or*
ders ; but she has hitherto refused to do so.

Let a candid inquiry be now made into the
actual caase.i of this refusal. The gentleman
from Mai^achusetis (Mr. Ltovn) iuforras us, that
the British Cabinet showed Home solicitude about
tbe embargo laws, till some time between the
22d of June and tbe 20th of July last, within
which time information flowed in upon them,
which reltcTcd them from this soliciiude, and
reconciled them to the embargo. [Mr. Lloyd
rose to explain. He Mid he referred to the months
of June anil July, withonl mentioDin^ any par-
ticular days of those monihs.1 I admit that the
senileman did not mention ine partlculaf days;
I took tbe pariictilar days, fur greater pr[:cijion,
from the correspondence between Mr. Pinkney
and Mr. Madi.<u)n, from which 1 presume the gen-
tleman had drawn bis infurmation.

What vas tbe information thai flowed in upon
the British Cabinet, from the 22d June to ih? 29th
of July? That period announced two events.
First, tbe wonderful revolution in Spain, although
lhi» event must have been pretty well understood
in London before even the 22d of June, perhaps
0 its full extent. The other event was, the
y attempt at the resistance of the embargo
1 Vermont, magnified into a formidai^le
insurrection against the Government; and the
unhappy discontents manil'edted in Bosidu and its
neighborhood, together with the results of the
elections in Ma.ssachuseiti. Alt these circum-
sIBncEs were certainly grcatlv exaggerated, or
utterly misrepresented. Here then, sir, we clearly
discern the leal causes of tbe refusal of the Brit-
ish Cabinet to meet tbe just and hooorable prop-
osition of the United Slates, imd in revoke their
Oiders id Council. The Spanish Revolution, no
doubt, contributed to their determination; but

discontents, either wholly raisre presented or high-
ly exaggerated.

Before the 22il June Mr. Pinkney and Mr. Can-
ning were engaged in the most informal and
friendly communii-aiions; Mr. Caoning had gone
aofar as toiulimateto Mr. Pinkney that he mislit
in a few days eIpcl^t to be able to communicate
to his Governmeot some agreeable intelligence,
evidently meaning either tbe revocation, or retax-

Senitb.

paltry a

ation of the hostile orders. But unfortunately,
shortly after the 22d June, the packet arrived
with this flood of disgraceful information from
the United States, Immediately after thereceipl
of this misin format] un, Mr. Canning changes his
conduct. All informal conferences witn Mr.
Pinkney are denied, and a formal note demand-
ed, in reply to which, the note of refusal was re-
turned, marked, as we have seen, with indignity
aod insult to the United Stales.

Now, sir, let me ask, whether these facts do not
demonstrate that the continuation of tbe hostile or-
ders ii principally, if not solely, owing to the dia-
hocorabledlvisionsand diseontenlsinthlscountry,
and the exaggerated accounts given of tbem to
the British Governmenil Tbatevenis in Spain
alone, however intoxicating to the British Cab-
inet, were not. of ihemselve.^, sufficient to produce
tliisefl'pct; because they were known before the
change in Mr. Canning's conduct took place, and
bad not produced that effect. But, the moment
the extravagant accounts of the discontents and
divisions iu this country were received, was the
moment of rliHiige in Mr. Canning's conduct, and,
therefore, must be conj^idered as the real cause
that produced it. BesiJes.sir, was not this change
of conduct the natural cffeci of Ibis disgrace^l
information 7 When Mr. Canning was informed
that the people of the United States had beconia
false to themselves; had refused to bear the ne-
cessniy privations imposed bv the Qovemmeot;
had in fact, separated themselves from their own
Government — that they would elect persons to
office, who would, voluntarily, yield obedience to
Mr. Canning's orders — what inducements could
he have for their revocation 7 If obedience and
sabniission were gratuitously tendered by the
people of the United States, he had certainly noth-
ing to do but graciously to accept them ; and fail
noieaflbrds full evidence of this impression on
his mind. The refusal of the British Govern^
ment to revoke their hostile orders, therefore, ap-
pears not 10 have been founded upon a calculation
of its interests upon correct information ; Lul upon
H miscalculation of its interests upon misinforma-
tion. How much, then, is it to be lamented,
Mr. Presideut, that our suflerings and privationa
iihauld be continued, by the discontents which
were intended lo remeily ihemi How can the
authors of ihese discontents reconcile their con-
duct to the nation, or to ibeir own consciencesl
What compensation or atonement can they ever
hope to make to ihe people for the protraction
of their privations and suflerings 7 What, for the
disgrace brought upon tbe nation 1 What, for alt
the horrors and calamities of war, which may,
and probably will, be the consequences of sucti
conduct? Let the infatuated authorsof itnnswei
these questions. Ages of services cannot atone
for these cruel, these unfortunate errors.

It is asked sir, how do the embargo laws ope-
rate on France 1 It is readily admitted, that the
commercial connexion between the United Slates
and France is not of such a nature as (o make a
suspension of it operate as injurious to France
. herself, particularly Id the interior, as on Gremt

.yGoogIc

HISTORY OF CONGKESS.

'8er«tb.

November, 1808.

Briiaio. Bat our commerce cannot be deeraei!
UDJmportant (u France, in llie Feeble slate of her
navy. At ibe lime, too, of laying ihe embargo,
-Spain, Portugal^ and Holland, were in ailiance
wiib, or, \a subiection to France. lis pressure
was materially ieli by Spain and Ponugal, from
'their want of provisions; and it is quealionable
tiowfarllialratasu re comributed to the convention
for iheevacnation of Portugal by the French army.
Tiie want of provisions being one ground alleged
fot their lale convention for ihat purpose.

The French West India islands, loo, have fell
ihe pressure with great severity. They arc al
this moment in a state of blockade. There were
probably two objects in this blockade. The one
to reduce the Fieuch islands for want of provis-
ioDS. The other, to seize upon their merchant
■bips, which it was presumed would hasten ihiiher
immediately upon raising the embargo. And it
appeared eztre met y well-limed to effect thiit ob-
ject, if Congres)!. upon iheir Grat meeting, had
been weak or posillaniiaoun enough to have raised
it. The loss of these islands would be severely
fell by the French Emperor, and would probably
produce some regrel on his part in having con-
tributed to drive the United Slates to the ex-
tremity of the embargo laws.

But, sir, geullemen are very much alarmed at
*D expression in a late French expose. They
have made some general allusions lo it, but in so
vague a manner, as not to be uuderstood with pre-
cision. As I am always fond of a correct state-
ment of facts, I will read the expression probably
alluded to: "The Americans, a people who ia-
' voire their fiirtune.4, their prosperity, and almost
' their existence, in commerce, have ^iveu an ex-
' ample of a great and courageous sacrifice. They
' have suspended, by a general embargo, all cora-
' merce and navigation, raUier than BbamefuEly
' submit W that tribuie, which the English impose
' on the navigalioft of all nations." 1 cannot con-
ceive the importance attached to this expression,
or the view with which it was introduced. It is
to be remarked that this is the character given to
this measure throughout all Europe, and by none
more loudly and decisively, than by the Federal
American mcrchauts now in Great Britain.

It is only on this side of the Atlantic, that we
hear it described as a weak or wicked measure.
But what of all this, sir? Wilt this French ex-
pression change Ihe real character of the meas-
ure 1 Shall we change our own opinions of the
true character of the measure because the French
Government has thought proper to pronounce an
opinion upon It? Are we told to abandon our
own right of judging of our own measures, be-
cause the French Government officiously under-
takes tn judge for us? Sir, lo me it is perfectly
indiSereni, what the French Government thinks
upon the subject; 1 shall take the liberty of exer-
cising my own judgment upon it, perfectly exempt
from any extraneous inBucnce whatever.

Mr. Canning, sir, has also undertaken to lay
■omething respecting the character of the embargo
Uw». Let us hear what he imys upon the subject :
1 measure of impartial hoatiJit;

against both belligerenti, the embargo appears to Hit
Majesty to have bevn manirntlj unjiut, bi, accordjng
to every principle of JQBtice, that redrSH ought to hsva
been Gnt sought from the party originnting the wronf.
And Hid MnjeKtycannotcontenttobuj off that hoatili^,
which America ought not to hnve Biteaded to him, it
the eipcnsD of a concession made not lo America, bat
to Prance.

" If, B) it bus more generally been represented bj tha
Government of the United Slalci, tha embargo is only
lo bo conaidered ss an innocent, mnnicipal regulation,
which affecta none but the United Stales themselvei,
and with which no foreign State hu any concern;
viewed in thia light. His Mojea^ does not conceire
that he has the ri|;ht or the pretension to make soy
complaint of it; and he baa made none."

" Hia Msjeatj would not hesitate to contribnte in
any manner in hia power lo reatore to the commerce of
the United Statea its wonted activity; and if it wen
pouible lo make any sactificc for the repeal of the em-
bargo, without appearing to deprecate it a> a meaniTa
ofhostility, he would gladly have facilitated its remo-
val aa a moasure of inconvenient mtriction upon lb*

Let me now ask you, Mr. President, what feel-
ings must rush themselves into your bosom, upon
hearing this last, this arrogant insinuation?
What must be the feelings of every wnr-wom
veteran, who has so long enjoyed the pleasing
consciousness of having been instrumental in
achieving his country's independence? What
must be the feelings of every young Ameri-
can, fOho has not basely degenerated frotu his
futbet's virtues? Do you not see, sir, in this sen-
tence, almost a direct overture of the interference
of His Most Gracious Majesty in our political con-
cerns? Do you not see the vein and idle effort
to encourage discontents by the expression of His
Majesty's good disposition to interpose his g-ood
offices lo relieve the American people from the
inconvenient restrictions imposed on them by
their own Government? What indignity, whit
insult could begieaier upon the American people?
What could more clearly demonstrate the infatu-
ation, the intoxication of Mr. Canning's mind,
produced by the unfortunate flood of mi$infom3a-
lion which had poured in upon him ? The Ameri-
can people will repel Ihe overture with indigna-
tion, with disdain ; and sir, as a sure and pleasing
anticipation of this result. I rejoiced to see the
indignant resentment manifested by ihe gentle-
man from Delaware (Mr. White.) It was the
more honorable to him, sir, because it was the
triumph of his American feelings over a host
of prejudices with which I fear he is surrounded.
I always knew that gentleman to be a patriot, and
when it shall become necessary, I expect to sec
him amongst the foremost in the ranks of honor,
in the defence of bis country's rights.

Yes, sir, this insulting overture will doubtless
burst the strong fetters of the prejudices of thou-
sands of other American patriots, who will rally
to the standard of their own Government, and
will teach Mr. Canning how little he knows of
American character, or Ihe American sensrbility,
when be thus ventures to insult it.

Sir, the senlimenia contained in this extraordi-

.yGoogIc

HISTORY OF COKGRESS.

November, I8D6.

Mty note of Mr. Canning's arc Dot new to me.
I have seeD tbetn for some munilis in some of the
Boston newspapers — it contains nothing more
tban the ridiculous JDiimaiioDsconiaineJ inihem,
reduced to the form of a diplomatic Dole,Dot at all
improved, nor dignified, nor better calculated to
effect ibeir object, by the larcastic insolence of
Mr. Catlnin^.

Upon aa impartial review of the whole of this
part of the subject, Mr. President, I think I am
warranteil in the conclusion ibal I he embari;o laws
bBTi; not been without materially beneficial effects
upon both the belligerents; that they have pre-
sented strong appeals to the interests of both, but
thai these appeals have not produced their c
plete effect. I bare no hesitation in saying,
that when the proper time shall arrive — if these
orders and decrees shall unfortunately be perse-
vered in — I shall, for one, be ready to make s '"
stronger appeals lo their interests — appeals li
ited only by the whole force and energy of the

I think also, sir, I am warranted in concluding,
that if the embargo laws have failed of complete
success, ibeir failure has been owing to extraor-
dinary causes, which could neither have been fore-
seen nor anticipated at the time of the adoption
of the measure, and therefore cannot furnish any
Imputation agaiaic its policy or wisdom.

Permit me now.sir, lo make some obserTsIioos
upon ihegeneralcnaraclerof this measure, as well
as replies to some of the more general objections
brought against it. 1 have said,sir, that there are
no substitutes for the embargo, but war or sub-
mission. I will now proceed to prove this posi-
tion. A repeal of the embargo, without a substi-
tute, is submission ; if with a substitute, it is war.
Gentlemen ia the opposition seem fully sen-'ible
of the delicacy and urgency of this part of the
question. When pressed for their subfiituie, they
ininifest vast reluctance in producing it.

The gentleman from Delaware, indeed, toid us
he was not the pioneer of the Administratiop. I
never knew thai he was called upon to act in that
character ; but I hope he will ntit voluntarily act
as the sapper nor the miner of the Admioistra-
tiuD, especially when he must behold the Admin-
istration assailed by the two most powerful belli-
gerents in the world, anforlunately aided I fear
too, sir, by a host of domestic sappers and miners,
and underminers in the bargain. I am sure, sir,
the gentleman will not lake upon himself such a
character. The gentleman, however, did not wiih-
hald from us an intimatioo, at least, of his substi-
tute— an inlimatioB which could not be mistaken.
It was war with Fiance. The question there-
fore as to him is at an end upon this point. War
is the substitute.

Bui, the gentleman from Connecticut, TMr.
HiLLHODsE,) after protesting against furnishing
any sabatitute, intimates merely that he is in favor
of an armed commerce. Why, sir, do gentlemen
in the opposition manifeBi such a reluctance in
producing a substilute, if they have one? Thej
■eem to be laboring under an impression that this
ii a mete questioa belween ihainaelvea and the

ferent description. It is n question between this
nation and toreigo nations. It is a question in-
volving our national existence and independence,
and the dearest rights of the people.

Let me tell these gentlemen, sir, that the peo-
ple have a right to demand aiuhsiitule from them,
if they have one; not merely a vague insioualion
to fill up a chasm in a defective argument, but a
written proposition, reduced to form, prevented
for serious conrideration ; that every word may
be strictly examined, and all its bearings seen.
Then, sir. we should be in a state of preparation
to make a choice between such substitute and the
measures of the Adminisireiion.

Besides, sir, if this obligation were disregarded,
every rule of criticism, every principle of common
sense, would require a substitute. If you criticise
upon a sentence in writing, the criticitm is incom-
plete until you show n better. In law pleadings,
if you object to a plea,asdereelive, you are bound
to show a belter. And certainly, sir, the magni-
tude of the question does not lessen the obligation
imposed by the ordinary rules of common sense.
Again, sir,I hardly could have supposed that gen-
tlemen of such lofty pretensions 10 wisdom end
talents would faave contented themselves with th%
bumble office of finding fault, without furnishing
the proper dorreclion. This inactive conduct^
this doing nothing for the people in ihese danger-
ous and critical liraes — can furnish but a poor
claim to the people's gratitude and applause.

But, sir, I will consider the gentleman's substi-
tute, even with the glimmering vlewhof it which
he has presented. His substitute is an armed
commerce. Would he eiiend it lo acts of repri-
sal? If so, it is immediate war. Would he slop
rhort of th» 1 1 It would still he war, bat of a more
inefficient kind, [four vessels are to arm. I pre-
sume their arms are to be used in self-defence —
... ' would be used aea
In ll .

gun fired in a spirit of hostility, even with a blank
cariridge— or if it were a pop-gun — would be in-
stant war. It would be a signal to her navy to
seive uiion the whole of our commerce, which
would be spread upon the ocean the moment of
raising the embargo. The gentleman's substiiute
I therefore believe to be war, and war of the most
'fficient kind. A repeal of the embargo, wiih-
t a subsiiiute, is submission. Submission lo
what? To colonization, to taiBlion. to Iributel —
That this IS the true character of the British
d Acts of Parliament, we not only know
from the measures themselves, but we know it was
understood in the British Purliamentat the time
of their adoption. As an evidence i>f this fact, let
ne call your most serious mention, sir, to some
if the observations made in Parliamentatlhe time
of their adoption, particularly the observations of
Lord Greoville in the House of Lords.
His Lordship said: "As toihedoties propcued to
be levied under these Orders of Council, he
should only say, that when (he peace of 1783 took
place, he never thought that he should have lived,

.yGoogIc

HISTOET OF CONGRESS.

NOTEHBEH, 180S.

' or that (he Brjtisb Parliament shoald have lived
' (osee (he day when h proposition should be made
' to tax America I" Aod when a similar sug^es-
tioD nas made in ibp House of Commons, wlial
wan Mr. CaQniDg'a reply? Did he deny the
object? No, sir; but befiged tbe genilemen in
the opposition not to lell tbe secret (o (he Ameri*
eaas! Hush, gentlemen, was, in substance, bis
leply. Thus adding indignity and insult to the
Arrogant preleusiun. Upon this part of tbe sub-
ject, 1 shnll make no comment. It is impossible
toimproyelhe eluquence of ibis Parliamentary
language I I( mu-'t strike deep into the heart of
erery (rue American.

Tbe gemieman from Conneciicu( (Mr. Hell-
IIOCBB)?Bya, no tribute will be paid, because there
will be Qo inducement to pay it. France will
not receive vessels into her ports, which have sub-
mitted lo such a disgrace. It is admideil that the
tribute is imposed ; and to avoid tbe payment of
il. we arc to look to France: to give up our
DBtioaat character, and our nationallionor to the
sarc-keeping of (he French Emperor. [The gen-
tleman rose to explain. He protested ngamst
making any such interenC''.] This Wds admitted.
He ooly stated (be faco, and I supplied the infer-
ence. The inference from the facts 1 deem irre-
sistible. I despise, sir, this miserable subterfuge.
Let OS act like a nation of freemen — let us De

of 01

n honn

Id be the gainers by it upon thi
il calculation, in pounds, shillings, and
pence. Our national chnracier is now worth
more than the delusive gains held out by this
miserable commerce, and would sell for more in
every market; submit to this disgraceful tribute,
il would not be worth a cent, and would not sell
for it in any market.

The genilcman from Connecticut (Mr. Hill-
bodbe) Kays, that ihe embargo is submission to
the mandates of both France and Great Briiain,
and, therefore, dishonorable. He makes this state-
ment— Prance says, you shall not trade with
Great Britain ; Great Briiain says, you shall not
trade with France; and we Say, we will not
trade with either, and, therefore, gratify both.
The fallacy of this argument consists in the mis-
statement. France says you may trade with me.
snd I am anxious you should do so, but you shall
not trade with Great Britain ; we say, we will not
trade with )[0u, nor with Great Britain. Now,
sir, is this yielding to the mandate, or sralifying
the wish of France? Certainly not. Great Bii-
tain uses the same lannu.ige. and meets with the
same reply. Now I contend that we have neither
yielded submission, nor gratlQed the wish ofeiiher;
but have resisted the wishes and mandates of
both ; and I have no doubt that both are astonish-
ed at the honorable and diguiSed attitude we
have assumed and hitherto persisted in.

But, sir, tbe gentleman iulimales, that the Gov-
ernment of the United States has suspended a
rod over the bead of Great Briiain, and n
whether an American would negotiate wit
rod suspended over his bead? Let me as(
tarn, sir, if the gentlemsa's proposition, is

mission ; not indeed, while (he rod is luspend-
3ver our beadM; but whilst it is apniied with
most unrelenting severity to our oacks? I
a really burl, sir, to see that any gentleman
Id make an observaiion which would bearihe
most distant lint of an apology for Great Briiain;
and I cannot conceive how any gentleman can
mcile it to himself, when he reflects upon the
ty outrages committed by Great Britain against
United Slates, before even any attempt was
made to do ourselves justice — and thai these out'
rages were increased, in proportion toourpaiience
under ibem.
Tbegentleman from Mnssachusctts^Mr. Lloyd)
xpresses his fears of some design for Ihedcslruc-
on of commerce. He tells us, our commerce
as grown lo an enormous size, and warns u» that
. is not 10 be trifled with. The gentleman from
lonnecticul, luo, tells Uf-, that the avowed, was
ot the real object, of the embargo laws; and
that he so prophesied attbe time of passing them;
that iheir real object was to encourage msnufac-
res, HI the expense of commerce. This charge
insincerity is a serious one. It is of a nature
impose a resirntnt upon the feelings, against
aking the merited reply. It has excited my i
rprise more than anything I ever heard fall ,
from that gentleman ; and the only apology 1 can ,
find for it, is, that he unfortunately prophesied it. \
a painful effort of the mind to admit our- |
■s false prophets. By this time, it is impossi- ;
hie but tbe gentleman must be convinced that
ihis was a false prophecy. He reminds m#of the
two lines in Hudibras:

"A man convioc'd against his will.
Is of Ihe same opinion sliU."
The gentleman must be convinceJ, bat retains
the same opinion. Sir, whether il be a suspicion,
or a jealousy, or whatever Jelusioo the gentleman
is laboring under, I peremptorily deny the exist-
ence of the fact he has insinuated. How has il
happened that ihe commerce of the United Slates
has become so enormous, but from the fostering
and protecting influence of Che Federal Govern-
ment? What act of hosiiliiy against commerce
has ever been showi> by the Government? 1
challenge the genllemau to name one, or a single
act from the Soulhern members unfavorable lo
our commercial prosperity. On the other hand,
have we not always concurred in tbe slimuU
given to commerce by discriminating duties, both
on tonnage and merchandise, by the drawback
system; and many other acts not maietial now
lo mention ? It has been from these causes, added
to ihe enterprises of our people, that commerce
has arrived to such a pitcli of^rosperity. They i
certainly do not warrant the charge brought
against the Government.

But what has excited my suprise, more than
anything else, respecting this suggestion Is, that
the delusion upon the gentleman's mind, should
be so sirong as to banish his recollection of the
local interests of the different States in the Union.
He seems to suppose that tbe Southern are manf- ;
facturing States. This is not the fact. The fad j

.yGoogIc

HISTORY OF CONGRESS.

118

NovEXBEH 1806. The E\

is, tbit tbe commeTcial are, bIm, the manafaclur-
iof States. The Soathern Statn are agricul-
lural and commerciBl, ant muDuractaring, eicept
in the household wav ; anil that 19 doi ihe pppciet
of manuracturinc that has ezciicd the gentle-
man's alarm. Tne peculiar organizatioD of so-
clely in the Soolhern Stales, will, for a long lime,
forbid larcc establishrnents of domestic manufac-
tures. This is the kind which gives ihe genlle-
maa so much alarm ; and, in this kind, the South-
era States have no local inieresls wbaierer.
They haie, however, an essential intf rest in com-
merce, alihougb, generally, tbe merchants carry-
ing it on, may nol reside witbin them. The ag-
riculturists koow, thai a prosperous commerce is
essential 10 good prices, and, therefore, ihev hare
always cuniributed lo its pruteclion and pros-
perity. In this slate of faeis, ihe gentleman may
nod a perfect security again;! his extravagant,
and aoTouDded jealousies. But the gentleman is
alarmed, because he has discovered, in the Presi-
dent's replies lo sundry addresses from the manu-
*" '"" " .lisfaction at their pros-

I the

system. But the President bns nowhere expres-
sed an iniimalion, or a wish, that this improve-
ment, or prosperiiy, should be encouraged and
Eromoled at the expense of commerce. And if
e were 10 indulge so eJiiraordinary an ioclina-
lion, be could not eipecl to gel a vole south of ibe
Potomac, in favor of the system. Suppose the
merchants had addressed the Presideol, in the
days of ibeir prosperiiy, would he rot have ex-
pressed hia sJlisfaciion at tbe circumslaace? And
would sue h expression have been just ground, or
any ground, of alarm and jealou<'y lo Ibe inanu-
laclurerl Cerlainly nut, sir. Every palriot must
t^oice at ihe prosperiiy of each, and every clas-,
of citizen!!. Indeed, sir, did not the gentleman
himself, in the course of bis observadons, with a
laudable animaiion, express his high saiisfiiciion
at the doings of his own Legislature, giving en-
cDUiagement 10 Colonel Humphries, in bis at-
lempts at iolrodurin^ manufactures into tbe Slate
of Connecticut? Proceedings highly honorable
both to tbe Legislature and Colonel Humphries;
and which 1 have also seen wilh great satisfac-
tion. But, sir, would it he correct to infer from
ihis circurosiance, ibat commerce is to be assailed
and prostrated? Such an inference would be as
idle and absurd in ibis case, as it is in relation lo
the views of tbe General Government. Indeed,
sir, I concur perfectly with the gentleman in the
opinions he has expressed ujion the manufHclur-
iDe system, in relation to the commercial. 1 have
taken more pains in repelling this extraordinary
jealousy or suspicion, in the hope that in correct-
ing tbe public senlimenl, in this respect, it would,
at the same time, dissipate a great portion of ihe
objections to ibe embargo laws, wbicb seem to
me at this time to be imperiously demanded, by
the extraordinary crisis of our foreign relations.

I am now approaching a part of this auhjeci,
Mr. President, which fills me with regret. I
kaow its delicacy, sir. aad deeply regret tbe oe-
cessity which impels the examiaatioo of it. It

ihargo. Sbnatb.

is however rendered indispemable, perhaps, by
exterior events; but cerlainly by obserrationa
made in the course of this debate. I allude, sir,
to the inexeculion of ihc embargo laws; or,
raiher, sir, to the suggested incapacity of the
Government to enforce their observance. The
geDileman from Connecticut (Mr. HiLLBOUaE)
lells Ds, directly, that tbe Government has not
power 10 enforce the execution of these laws.
The gentleman from Massachusells (Mr. Lloyd)
even points out the mode of resistance. He tell*
us they may be resisted, first, by [own meeiingt,
then by rieiiiions, then by legislative resolutions,
and, finally, by insurrections and rchellioo. [Mr.
Llovd rose to explain. He said, "he did not say
' that this would be the course of events. He only
' staled tliem, abstractly, as probable results from
' those laws,"] Tbe gentleman is correct io hia
statement. 1 meant to be understood, as stating
his observations in that way. It cannot escape
ob>.ervaiion, however, Mr. President, that ibis ia
the practical process now going on in the State
tbe gentleman has the honor to represent.

It is submitii'd to tbe patriotism and good sense
of those gentlemen 10 deierraine, whether men-
tioning these circumstances, even in that way,
may not have some tendency to produce effects,
which must be so much deprecated by all; and
permit me to hope, sir, by none more than by those
gentlemen. And whether, sir, they are not cal-
culated to kiep up the delusions in foreign na-
tions, which, I believe in God 10 be ihe principal
causes of our present embarrassmenls. These
circumstances were the less to he expected from
gentlemen, who, a few years ogo, arrogated to
themselves the exclusive appellation of lovers of
order and good Government, whilst their politi-
cal opponents were denounced as anarchists and
disorgantzers, and not even possessing virtue
and honesty enough 10 be trusted wilb the public
treasury. Tbis, sir, was an imposingappellation ;
and as long as lis sincerity was confided in, it pre-
served these gentlemen in tbe dominion of the
United Slates. It was hardly to have been ex-
pected thai these gentlemen would now be found
the first to sound the alarm in favor of anarchv
and confusion ; nor was it to have been exneciea,
sir, ibat the Eastern Stales, which were tne first
lo press the Consiiiuiiou upon us, and which
have reaped a golden harvest from its operations,
should be the Brsi 10 wi~h to absolve itiemselvea
from its sacred obligations.

But, Mr. President, I believe this Ootremment
does posses.i power sufficient 10 enforce laws. The
real character of our Government seems to be
entirely misunderstood by foreigners and not fully
appreciated by some of our own citizens. It has
all the strength of execution, with the most des*

EDtic Governments upon earth. It is aided, too,
y the knowledge of every citizen, that, when its
will is pronounced, it is the fair expression of the
will of tlie majority. The checks of this Govero-
ment are exclusively upon its deliberations, not
upon its powers of execution. Sitfar from it, that
tbe Constitution has expressly provided, that tbe
Governmeot should possets all means necessary

.yGoogIc

119

HISTORY OF CONGRESS.

NovENEEK, 1808.

and proper fur executing Its speciQed powen.
There (s no limilalioD, whatever, upon llie m
for executing [be general will, when fiirlf
deliberately pronouaced. Nothing coulJ be [
absurd (ban to suppos;,that after so many checks
had been imposed upon deliberaiioo in pronoua-
cing the public will, after that will wa< thus pro-
nounced, that any laeanx, whaierer, for iisexe-
cuiioD should be withheld.

Again, sir, the fundamenlal principle of our
Oof«minenl is, that the majority shnll gorern.
The principle is known and respected by r.vetj
citizen, and by none more than the people of Mas-
•achu^eics. They are taught to respect it from
the cradle lo manliood. First in their town meet-
ings, then in their Legislature, and, finally, in the
General QoTernmenl. They know too well the
fatal consequences of resisting it. 1 have per/ect
confidence, therefore, in the people of Massachu-
■elii ; and, if their eleetioneerin? leaders and par-
liians should unfortunately stimulate some of
them into insurrection, I have no doubt but thai
the militia of that State, when lawfully called on,
will obey ibe call, and will do their duty. Such
a movement would &hare the fate of all similar
attemptii, which hare preceded it; and its only
consequence wotild be, that its authors, as they
would be the Gr-st to merit Ibe fate, so they would
become the first victim? of it. But, sir, I have
but little apprehensions from these threats of in-
Burrection and rebellion, for other reasons.

The peculiar interests of the people of Massa-
chusetts forbid the attempt. A few leaders may,
perhaps, postpone their interests to their love of
power; but few, however, could enjoy the power
tinder any new order of things, and the people at
large would aoon see that their interests were sac-
rificed to the indulgence of this infatuated ambi-
tion of the few.

Let this subject Mr. President, be a little further
examined, in reference to the local interests of the
Eastern States, as members of this Union. Po-
tomac may be considered as the boundary line
between the commercial and agricultural States.

When our first difficulties with the belligerents
occurred, it respected merely a commercial right.
What was the conduct of the merchants, and
commercial States, upon the subject ? You hove
heard, sir, their memorials read, calling upon the
Oovernmcnt, in a voice too loud to be suppressed,
to protect ihem in their commercial rights; the
call was obeyed. As I think this pnrt of the sub-
ject ought to be well understood, I beg the indul-
gence of the Senate to read their own proceedioga
thereupon :

"The Senala resumed the conBidsrsl ion or the report
of the committee, madeun the 6th instant, on that part
of the MeuHge of the President of the United States
which retates to the violslion of neutral rights and the
■npreument of American leamen.

On motiim, to commit the leconJ resolution report-
ed, it passed in the negative.

On motion, to strike out the following words in the
second resolution reported :

■Demand and* insist npon the lestoration of the
property of their citizens, captured and condemned on
the pretext of ila being employed in a trade with the

enemies of Great Britain, piohilHtBd in time of peace ;
and upon the indsmniRcaliDn ofsuch Ameriean ciliztat,
for their losses and damages sustained by those cap-
tures and condemnations, and to'—
It VBS determined in the negative — ye'ss 13, nays 16,
The yeas snil nays having been required by oi
-■-■''■■ it, tt ■ - ' ■

t, those who voted ii

liflh of the Senators p
affirmative, ara—

Messrs. Adair, Bsldnin, Bradley, Qaillard, Howland, ,
Iiogan, Maclay, Moore, Plumer, Bmith of Vermont,
Sumter, Turner, Worthington.

Those who voted in the negative are —

Messrs. Adams, Andemon, Bayard, Gilman, Hilt-
house, Kiiehel, Mitchill, Pickering, Smith of Maryland,
SmithoTNewYork, Smith of Ohio, Bmith ofTennes-
see, Thruston, Tracy, White, Wright.

And several amondmenta to the said second residii-
tion having been adapted ;

On motion, lo agrse thereto sa determined, it was de-
termined in the affirmative — yeas S3, nay* 7.

The yeas and nays having been repaired by one-fifkk
of the Senators present, those who voted in the affir-

Measrs. Adams, Anderson. Baldwio, Bayard, Gall-
lard, Gilman. Hillhouse, Hovrland, Kitchel, Logan,
Maclay, Mitchill, Moore, Pickering, Smith of Maryland,
Smith of New York, Smith of Ohio, Smith of Tennsf-
see. Tracy, Turner, While, Worthington, WrighU

Those who voted in the negative are —

Measrs. Adair, Bradley, Plumer, Smith of Vermont,
Stone, Sumter, Thruston.

So it was,

Suohed, That the President of the UDil«d Slates be
requested to demaud the restoration of the property of
their citizens, captured and condemned on the preteit
of its being employed tn a trade with the enemies of
Great Britaiu, prohibited in time of peace ; and the
indamnilication of such American citizens, for their
losses and damages sustained by these captures and
condemnations; and to enter into such arrangements
with the British Qavemmenl. on this and all other
dilTerences subsisting between the two nations, (and
particolarly respecting the impressment of American
seamen,) as may be consistent with the honor and in-
terests of the United States, and manifest their earnest
desire to obtain for thomaelvea and their citiiena by
amicable negotiation, that justice lo which they als
ontitled."

Ai this time the question involved only a com-
mercial right. What was the conduct of the mer-
chants then? They came forward anil pledged
their lives and fortunes to fuppori the Government
in any measures for its protection. The question
is now changed. To the original question, is add-
ed a question of national sovereignty and inde-
pendence. What is now ihecoDduct oflhese same
merchants 1 They tell you, sir, to tread back your
steps, give up the contest, and disgrace your coun-
try. These merchants, too, threaten you with
insurrection and rebellion, unless you yield im>
plicit obedience to their mandates.

Again.air,! haveliitleapprehension from these
threats, for the following reasons : First, many of
the individuals engaged in these eicitemeats, I
am told, are gentlemen of properly aud families.
They are, therefore, now in the enjoyment of ev-
ery political and domestic blessing — their infatu-
ated passions lo the contrary noiwithitandiog. I

.yGoogIc

HISTORY 01' CONGRESS.

NOTEHBEH, 1808.

Senate.

think persoDSof this descriplion will paune before
they hazard all ihese blessitiKs ; and a mompni's
impariiul reSection will be sufGcient to check their
career. la the neit place, there are many local
advantages accruing- lo the people of the Easlern
States from the operauoDi of (he General Gor-
ernment. They consist principally of the follow-
iag, alihongb there are others :

1. The prolectioD afforded to their carrying
trade by discriminating duiiei, both on tonnage
and merchandise;

2. ProtectioD and facility afforded to the coasl-
iliK trade;

3. Protection to their fisheries by duties on
eifcn flsh ;

4. Affording a good market for their sarplus
maDufacIures and other article*;

5. Paynient of the public debt at par, which
was bought up at very low rates;

6. As a retiult from all iheae advantages, the

Erotection of their populaiioo on the seaboard, by
!ssening the inducements to emigration.
Permit me, sir, to remind the gentleman from
MassBchuseits (Mr. Llotd) that these advaniages
■re not to be trifled with.

But, sir, I hare heard it intimated that these
idTantages could be compensated bya connexion
with Great Britain. Indulft^ tie, sir, with an
examination of this idea. A connexion between
New England and Old England could only be for
the benefit of the latter. They are essentially
rivals in every occupation. First, in navigation;
second, in exports. The exports oF New England
■re principally Gsh and beef. It would be a great
object with Old England utterly to destroy the
New Eng'lBnd fish market ; and the Irish beef
would come into an advantageous competition
with the export of tbat article.

These are permanent points of coropetilion,
onalierBbly fixed in the nature of things. They
cannot be altered nor destroyed by any sadden
ebnltitioni of passion, nor by any connexion re-
suiting therefrom.

Again, air, what would be the effect of such a
CDonexioD upon the rest of the United States 1 In
that case, the discriminating duties now in favor
of the NewEogUnd Slates would beturnedairainst
them, and would probably be given to the Middle
States, and thus New England would be eflectu-
•ily excluded from carrying the bulky and heavv
productioQi of the Southero Slates. Discrimi-
nstion mi^ht even be made in favor of British
shins. It IS a matter of no consequence to the
agricnlturisl whether his produce is carried to
market ia a New England or Old England ship.
The odIj interest he has in the transaction is the
price of bis produce; and that could always be
driven lo its highest point by the competition of
Btiiish tonnage and British capital alone, without
taking into the estimate the tonnage and cHpital
of the Middle Slates. The people of the South-
etn States are perfectly sensible of the local ad-
vaotsf^es their Eastern brelhrea enjoy frotn the
operation of the Gkneral Qovernment, But they
envy them not — they revel in their prosperity ; and
the Southern people are pleased with the recidlcc-

tionibat they contribute to their prosperity. They
find, in return, their compensation in the general
safely and protection. I do not mean safuty and
protection from any internal movements. Upon
that point, I would agree with our Eastern breth-
ren upon a reciprocal absolution from all obliga-
tion. I mean safety and protection against foreign
aggression. Underihis plain and obvious view of
iliis pan of the subject, Mr. President, I should be
disposed to think that oar Eastern brelhreu would
be the last to desire to absolve themselves from
lh« sacred obligations of the Constitution.

In the Southern Slates, we feel no resenimeots
nor jealousies against our Eastern friends. There
are no inducements with Us to foster and encour-
aice such unpleasant and mischievous feelings.
The gentleman from Massachusetts (Mr. Llovd)
has ventured toinlerposean opinion between Great
Britain and France, respecting the character of the
quarrel between them. He has ventured to say,
sir, thai France is fighting for lawless domination,
whilst Great Britain is fighting for her natalt ao-
tutn — for her national existence. Sir, in my opin-
ion, it must be inauspicious to the interests of the
people of the United Slates when their rulers not
only feel, but express sympathies in favor of one
of the belligerent Powers ; and surely, air, ibe gen-
tleman must feel no small sympathy for one of
the belligerents, if he believes the character of the
quarrel to be such as he has described it.

In my judgment, sir, the United States have
nothing to do with t be character of the quarrel of
the belligerents; but I differ entirely with the gen-
tleman on ihis point. 1 believe the character of
the quarrel is precisely the same on both aides —
they are both fighlingforlBwteisdominatioa; and I
believe that Oieai Britain has full as much chance
of conquering France, as France has of conquer-
ing Great Britain. The only difference between
them consists in the difference in the objects of
their lawlessdomination. France claims domin-
ion on the land, Great Britain on ihe water ; they
are both equally hostile to us.

The difference to us consists ouly in the differ-
ent degrees of force they can bring to bear upon
us — in this respect Great Britain does us most
injury. We are. thank God, remote from the
Influence of French power — but the power of
Great Britain extends to our shores. France,
when she can, seizes and burns our vessels — Great
Britain having more power on the ocean, seizea,
and confiscates them. The only limit of their
hostility is the limit of their power. Both ara
eoually the objects of our just resistance and pun-
isnmenl if we possess the power.

I rejoice that I have heard no apologist for
France on this floor, nor anywhere else. I feel,
sir, a condescension in introdnciog, for the pur-
pose of denying, the idle and ridiculous tale of
French influence, which has so disrespectfully
and disgracefully to our country, been circulated
by newspaper*. Sir, this idle and ridiculous lale
of French loQuence, I have strong reasons to be-
lieve, was originally suggested by British influ-
ence. The tale was prolmbly invented by ibe
British Cabinet about the same limeof iheiarcD-

.yGooglc

HISTOKY OF CONGRESS.

m

Sbhate.

iH. I80S.

tion or Ilie tale respecliofr ihe secret article uf llie
TTenty of Tilsii, thai the Danes had agreed to give
Up their Beet to the Preach Emperor lo facilitaie
his invasion of Great Britain. This tale I believe
Lord Hutchinson has since proaouDceJ, in the
British Parliament, to be a falsehood. About the
lame period this same energetic British Cabinet
probably deiermined upon the destruction of
American commerce, although the Orilers for
that purpose were not actually issued for several
months afterwards. Some tale was thought ne-
cessary for the jusiijieation of the act, and the
■uggestion of French influence operaling upon
our eouacils was probably the one suggested.

1 have heard it said, and bellere it to be true,
that the Governor of Nova Scotia made the sug-
^slion, in a leltet addressed to certain BritLsh
partisans in Boston. It is hardly to be presuined,
that he would have taken upon himself the re-
Bnonsibility of such a suggestion, without the au-
thority of the Cabinet. I am inclined lo think
that (his fact could he proved in a court of Jus-
tice. Perhaps there may be gentlemen here from
Boston, who could give ua more particular infor-
mation upon this subject. I feel, sir, a conde-
icension in touching upon this subject. 1 wish
to see all extraneous influence utterly banished
from the country, and the only operating influ-

I have now, sir, gone through this unpleasant,
aod, I lear, unprofitable discussion, respecting the
character of measures heretofore adopted by the
Government; the only hope 1 have from it is,
thai it may put us Into a better temper for delib-
erating on the measures now proper to he adapt-
ed. Let me then, Mr. President, call (he atten-
tion of the Senate, to the situation of the United
Slates at this time.

The United Stales are now left alone to pro-
tect neutral principles against the belligerent en-
croachments of a warring world. In all farmer
wars, the belligerent encroachments have been
proportioned to the loflaence of the Powers at
war, compared to the influence of those remain-
ing at pence; but I believe history presents no
example of the warring Powers at any former
time putting at deGancc all neutral rights, all pub
lie law It remained for the present limes to
witness this unexampled aggression ; and it re-
mained for the United Slates alone to bear the
ahock. This state of things imposes on them a
great, a sacred obligation; the obligation of

Rroieciing neutral principles — principles which
usen ihe inducements to war, and mitigate its
rigor — principles highly interealing to mankind;
Dot only to the presenl, but to future generations,
and. in a peculiar manner, to the people of the
United States. This arises from their remote
(ituation from the great contending nations of
Europe. Hitherto, sir. the talents displayed in
defining, and the magnanimity in protecting these
principles, hare obtained for the United States
the respect and sympathy of an astonished world.
And shall we. sir, at the raomenl of extraordi-
nary pressure, basely abandon them without strik-
iag a blow 1 Forbid it interest I Forbid il honor 1

Forbid it American g.illaDlry 1 But, bir, some
gentleman seem sufBclently impres.sed with tbt
hostile character of the belligerent nggressiODi.
With respect to those of France, there is but
one opinion. They amount to hostility itself.
But, sir, to my astonishment, the acta of Great
Britain seem not to have made the ^ame siroof
impression on the minds of some gentlemen. Let
me then inquire, sir, into the realcharater of acts,
which can by some gentlemen be palliated ot
excused? They are acts amounting to coloalzi-
tion and taxation; lo the exercise of the oa-
tional sovereignly of the United Stales. Greil
Britain has even gone so far, as to exercise anicl
of sovereignty over the people of the United
States, which they would not intrust to Con-
gress, but retained to themselves in their higbefl

The British Orders of Council, now sanctioned
by an act of Parliament, direct all vessels laden
with the produce of the United States, destined lo
any of the ports of the enemies ofGreat Britain,
to call at a British port, and then to pay an enor-
mous transit duty, and accept a license for the
further prosecution of the voyage; and upon re-
fusal, they are forced to do so by British urmed
ships. This is literally and precii^ely the intro-
duction of the old and long established coloaiil
principle, of coercing all the commerce of ibe
colony lo Ihe ports of the mother country, there
to pay a transit duty for their protection by the
mother country. In the Colonial stale, the man-
date of the mother country was sufficient to ef-
fect this object. Now the same object is effect-
ed by an armed force. This is the only real differ-
ence in the two cases. But, sir, this is not all;
Great Britain has attempted, by an acl of Parlii-
meot, to exercise an act of sovereignty over the
United Stales, solemnly given by the people to
their Congress. Among the powers given to
Congress,! Bod these words; '■ Congress shiU
have power to regulate commerce with foreign
nations," 4,c. Now, sir, permit me to read »n
act of Parliament, aod see whether it does not onlf
impose a lax upon American productions, but
also exercises this act of national sovereignty del-
egated by the people lo Congress :

"And wherEaBit iBeipedient and neces«arj, in orto
eSectually to accomplish the object of such orden, ll»'
duties of customs should bo granted upon certain gooi»
eiporlodfrom Grest Britain ; wc, jour Majesty's a""*
dutiful snil loysl aulijects, the Commans of the United
Kingdom, in Parliament uiembled, do moet bumblj
besesch your Majesty that it may be enacted; w^
be it enacted b; the King's Most Eicellcnt Majenly.
by and with the adrice and consent of the Lords Spir-
itual and Temporal, and Commons, in this prexnt
PsrlismBnt assembled, and hy the authority ot tia
aime, that, from and atler the passing of this set. thert
shKll bo raised, levied, colleclei^and paid unto His Mf
jeety, his heirs and Buecessora, upon all goods, wareA
and merchandise, enumerated or deacnbed in the ti-
hiss, A. B. and C, annexed to this act. aportei
from Great Britain, the several dutias and customi' ■*
tbeioDiB are respective tydetcribed and set forth in B(-
ures in aaid tablea."

In thoae tablet, marked A. B, C, are to be founa

.yGoogIc

HISTOEY OF CONGRESS.

November, 1808.

Benatb .

produciions ofihe United Siales, ll has been said,
thai Greal Britain may lay an export duly upon
goods wilhiD her ports. That is readily adoiil-
led — it being a mere muiiicipal regulation. But
Great Brilaio lias no right to compel our nitipa lo
carry our productioos into ber purls, for the pur-
pose of imposing dutiei thereon', and this is
[he act regulating our commerce, of which 1
complain.

Again, sir, Great Britain has attempted by this
act of Parliament to lay an export duty upon the
productions of the United States, a power not
even intrusted to the discretion of Congress. I
find in the Constitutioii, these nords: "no lax
or duty nhall be laid oo articles exported from
any Stale." Here then is an express prohibilioD
to Congress against laying- a duty on any articles
exported from any State ; yet Great Britain has
attempted, by an act of Parliament, to lay an ex-
port duty on cotton exported from one of the Uni-
ted States — an authority which can only be ex-
ercised by ibe people in their highest sovereign
capacity. It is true, sir, thai Mr. Canning ofiered
to commute this duty into an entire prohibition
of the article, as an export from Great Britain.
This, sir, was only adding insult to injury, and
showed that Mr. Canning possessed very little
knowledge of human character, if he expected lo
soothe the feelings by ioaulling the understanding.
I regret that so much respect was shown to
ibis proposition, as to forward it to our QoverD' i
ineni. It would have been more agreeable to
me, if the American Minister bad ilirown the
proposition back upon Mr. Canning.

It is true. Mr. President, that the export duty
is to be collected in London, and not in Charles-
ton. But, sir, It is not the better in principle on
ibal account; and it is worse in practice. A
vessel sailing from Charleston, is to be forced into
London, for the purpose of paying this tribute —
belter would it be to collect it in Charleston ;
because the circuity of the voyage would be saved,
and many other vexations and expenses avoided
which are now incurred by being forced into
LondoD, to make the payment. And if this mea-
sure were to be submitted to, I should not be at
all surprised to see His Most Gracious Majesty, in
the spirit of a mitigated retaliation, send out his
collectors to the ports of the United States for
the Bccoinmodation of our merchants. In that
case, i presume, we should all admit it to be n
duty imposed upon an article exported from a
particular State. Are we, sir, not only basely
lo surrender to Great Britain our rights, intrusted
to us by the people, but treacherously to them to
surrender rights reserved to themselves in their
highest sovereign capacity? And in a case like
ibis, sir, can it be necessary to resort to argument,
to rouse the indignant feelings of the American
people'?

Mr. President, the eyes of the world are now
turned upon us } if we submit to these indigni-
ties and aggressions, Great Britain herself would
despise us; she would consider us an outcast
among nations ; she would not own us for her
offspring: France would despise us; all the

world would despise us; and what is inSn-
iiely worse, we should be compelled to despise
ourselves I If we resist, we shall command the
respect of our enemies, the sympathies of the
world, and the noble approbatioo of our own

Mr. President, our fete is in our own hands; let
us have union and we have nothing to fear. Bo
highly do I prize union, at \hh awful moment,
that I would prefer any one measure of resistance
withnnion,loany other measure of resistance with
division; let us then, sir,banish all personal feel-
ings; let us present to our enemies, the formida-
ble front of an indissoluble band of brother*,
nothing else is necessary to our succeess. Mr.
President, unequal as this contest may seem;
favored as we are by our situation, and under
(he blessing of a beneficent Providence, who baa
never lost sight of the United States in times of
difficulty and trial, I have the most perfect con-
fidence, that if we prove true toourselves, we shall
triumph over our enemies. Deeply impressed
with these considerations, I am prepared to give
the reimlution, a flat and decided negative.*

* Jt was intended in the courae of the forcgoias ob-
BcrTBtioni, to nhoiT, thsl the British Board of Trad*
had, ti length, undertaken to lei^lHte our commerce
with foreign nations, even when it did not pua through
Britiih ports. The paper intended to be onered as evi-
dence of this bet, wu then mislaid. It is novr sab-
Joined for thsl purpose.

•' The Lords of tbo Committee of Council for Trsda
end Foreign PlantBtions having authorized us to make
public the fallowing answers to certain questions pro-
posed by u( to their Lordships, we pnbtish them for the
inlbrnittion of all whom Ihey concern.

" THOB. BABINU,
"A. GLENNIE.
"THOS. MULLETT.
LoMDOH, I6\h August, iSOB.
Quutian 1. His Majesty's Order in Council of lb*
4th of July, 1808, baving ordored that all hoslitltiea
against Spain on the part, of His Majesty ■hall immedi-
ately cease, and that the blockade of all the ports of
Spain, except such as may be still in possenion or un-
der control of Francs, shall be forthwith raised —

" Can an American vessel proceed froin a port in tfaa
United Btates of America, with ■ cargo, the produce of
the United States, or colonial produce, direct to any
port of Spain or Portugal, not being in the possession
of ^0 enemies of Great Britain, and return back to a
port in the United States direct, with a cargo the
growth or produce of Spain or Portugal, without being
liable to capture and condemnation, under the Orders of
Council of the lltb and Sfith of November, 1807, and
the several acts of Parliament passed lo carry them into
efiect!

"Aniwer. American vesaeli may proceed from a port
in the United States of America with a cargo, the pro-
dneeortbe United States, or colonial produce, pnaidtd
tuch produce be not the produce of the tatmifa eolo-
niett direct to any port of Spain or Portugal ; such port
not being in the possession or under the control of tha
enemies of Oreat Britain, and return back to a port in
the United States direct, with a cargo the growth or
piodnce of Spain, or Portugal.
" t^uution 3. Can an Americui veMel, having mi-

.yGooglc

HISTORY OF CONGRESS.

Sehatb.

ImtrttclioTw of the MoaiachuaelCt Legitlature.

Fhiday, November 25.
JoBN MiLLEDGii, (toBi the Stale of Qeorgift, at-

The bill providing for the coaveyaace by DiBJI.
free of postage, of all public documents, lo oi
from members u{ Cuogress. was read tht; third
time; and on the question, Shall the bill pass 1

Mr. Ahdersoh observed that the committee
the Senate to whom Ibe bill from the House orKep'
resealatives bad beeo committed, bad reported
Ibe bill without amendineot, b. cause they thought
the principle objeclionable. The cominiiiee had
eoDceived that under this law any package, book,
bundle of paper, or anything else mi|;ht be frank-
ed. They had also understood from the Depart-
■neni, that the contractors fur carrying the mail
already coniplaioed of its great bulk, proceeding
from the quantity of the documents and commu
cations sent from Congress; and that were thi
present regulation to be adopted, great part of [hi
mail must often be omitted, by which letters o
communications requiring expedition and safe
carriage might be mislaid or lost. These disad-
TBntages the committee bad conceived to be too
great to be counterbalanced by the advantages
be derived from a saving to the United States,
the sum allowed lo the Postmaster here on ir .
packets, which he understood had been the chief
reason for the introduction of the law. He wish-
ed, therefore, that the bill might he negatived.

And on the question on its paasage, but three
membera rose in favor of it.

LEGISLATIVE IN8TRUCTI0NB.

Mr. Pickering laid before the Senate a reaolu-
tion of the Legislature of the State of Massachu-
•eitu, iostrueting their Senators and requesting
their Represeotaiives to use their endeavors to
have the embargo Uws repealed.

The House agreed that it should be read.

The Clerk was proceeding to read the instruc-
tions, when

Mr. Anderson objected lo it, as he found it
was the report of a comtnitlee which the gentle-
man had presented, and which he did not wish
to be entered on the journal of the Senate.

Mr. PicKBaiNQ observed, that it was not merely
the report of a committee, but the act of the Le-
gislature, both Houses having concurred in it.

Mr. Andbhbon said he objected to its being
read in any point of view^ because it was a novel
thing in legislation that instructions ^iven by a
Slate to its Representatives should be inserted on

lerad a port in Spain, previous to (he eommencement
of hoatilitiei by the patriots, against the eneraj, proceed
from such port with ■ ur^, the growth sad produce
of Spain, dirsct to a port in the Unit«d Statas, nilboat
beias liable to a soilure and cundemnation aa above 1

"Antuier. An American veaiel having cntated a port
in Spain, previous to the commencemBnt of hoatilitiei
I17 the patriots, against the enem;, may proceed from
•och port with ■ eaifo, the growth and produce of
Spain, direct to a port in the United States, without
being liable to aeiiure and condemnation aa above,
ttn/uf iht vetnl entend in breach of lit Oriert in

, the journals of the Senate. He, therefore, moved
; a recouaideiBlion of the motion for reading iL

Messrs. HiLLHonsE, White, PiceEBino, aad
Llovd, opposed Mr. Anderson'b moiioD, con-
tending that this was the mode in which the
Legislature of Massachusetts had thought fit to
eitpresi its aentiraeiits of the measures of the
Gi^neral Government; that so much respect wu
always given to the mcmurial of an individual as
to suffer it to be read, and at teas! as much respect
should be shown to the act of a State Legislature.

Messrs. Andehbon and S. SutTii advucated
the moiion for reconsideratioUj contending that
it was in nothing like a memorial from the State
of Ma3<>achusetts, for whom they profe^ed a
great respect; that in no former instance had
:>imilBr instructions been read by the Clerk of the
Houiie, except in the case of amendments to the
Constitution, in respect to which every S tate had
a Constitutional right to interfere. Mr. Suita
particularly stated an instance in which he had
been prevented from presenting to the House leso-
lulionsof the Legislature of Maryland instructing
him lo oppose the erection of a bridge orer the
Potomac; which, however, he had read in hit
place, as a pari ot the debate, and which the ges-
lleman from Massachusetts were certainly at
liberty to do.

Mr, HtLLBODBE called for the yeas and nayi
on the question of reconsideration.

Mr. GiLEB taking; his seal about this time re-
quested, as be had not heard the discussioa, thai
the farther consideration of the subject should be
postponed lill Monday neit. — Agreed to.

The document is as follower
Commotnotidth of Matiachuidts.

Is TBI HODSI or RsFaaatMTATITKS,

Nmember IS, 1808.

The committee appointed to consider "whether it
will be expedient for this Le^tature to adopt any
measures with a view to procure a repeal of the laws of
the United State* interdicting to the citizens all foreign
commerce, and impoiing veiationa embamasments 00
the coaiting trade ; to relieve the people of this Com-
monwealtb from their diitreaaed state, and to arrest the
progresB of that ruin which threatens lo invirive all
classeB of the community," beg leave lo report :

That the commiuee perceive, with the moat serions
regret, that Uie dialressea occaaionad by the seveni
laws imposing an embargo, have borne with extreme
and increasing pressure upon the people, and eierj
day's eiperience juHtiGea a belief that a continuance of
these lawsmuitiaoQ become intolerable. Aa measures
of coercion they are now acknowledged to be altagelhei
impotent. They a&brd satisfaction to France, and are
regarded as ineSertusI demon atrationi of a hostile dis-
position by Great Britain. Upon our own counlij,
their effects are becoming daily and palpably more ia-
jnrioua. The produce of out agricultare, of our for-
eata, and of onr fiahcries, ii excluded, altogether, from
ever; foreign market; oar merchants and mechaniea
are deprived of employment ; our coasting trade is in-
lermpted, and harasaed by grievous embarraaaments,
and our foreign trade ii becoming diverted into chan-
neU, fromwhich thereisDoproapectof itsretum. Tbe
aources of our ravenna are dried up, and Govemmenl
must soon resort to direct taxatioD. Our sailon ara

.yGoogIc

HISTORY OF CONGEESS.

NOVEMBBR, 1

hulrucliotu of tke Mauackuattta Legislature.

(breed to expatriate thenuelief. Strong temptatioiu

are aflbnled to lyatematical eTaeion* of the l&wi, which
tend to cDiTupt the ipirit of boaoreble commerce,
and will materially iojimi the public morali In fact,
the evili which are menaced, by the continuance
of tbie policy, are lo enormoue and deplorable ; the
iiupension of commerce ia ao canlraij to the habits of
our people, and ao repugnant to their feelings and in-
teresta, that they muel toon become inCoIeiable, and en-
danger our domeatic peace, and the union of ihefe
States. Aa the embargo tana have been the cauae of
the public diatren, your uinimittee are of opinion that
DO equal, permanent, or eifectual relief can be aflbrded
to the citizene of thii Commonwealth, but by the repeal
of theae laws. They peraoade theroselTea that the Con-
ceal of the United Statca muil b« fully impreawd with
a aeiiseof the totaJ inefliciency of theae laws for any valu-
able purpose, and of their direct tendency to the moatae-
rioua coniequencea. Your committee, therefore, imsl
that Congren will not fail to repeal them. In thia con-
fidence, therefore, your committee are of opinion that,
upon thia aubject, the Legialature abould, in ita prcient
■eaaion, confine itaelf to a repeated diaamrobation of
the law* interdicting foreign commerce, and to inatruct-
ing onrSenalora, and requeatingour Repreaenlativeain
Congresa, to uae their utmoat exertion* to procure their

Your committee might, probably, have coDteated
IhemaelTes with the preceding remark*, had not the
late Meiaage of the Preaidentof the United Statea ex-
cited the moat aerioos alarm ; which, in ibe preaent
erilical alatc of the country, they conceive it a duty to
eipreia. They perceive, with the moat painful regret,
that, in the eslimation of the Preeident, our country i*
now preaented with the only alternative of a continued
embargo, or a ruiooua war; but tbey cannot heaitato
loeipresa their confident belief that the wiadom of the
Government may yet Rnd meana to avoid the neceisily
of electing between these great public calamiliea. If,
however, thia aerere neceaail; eiiats In regard to Great
Britain, Ihej are led by (he Mesaage to preaume It re-
lalla, in a gnea t meaaure, if not entirely, from the determi-
nation of the Executive to adhere to the proclamation of
Inly, 180T, interdicting all British thipa of war from the
waters of the United Stales ; which hai been, and, as
we infer from the Message, ia alill, deemed by the Brit-
ish GoTemmenl, a measure ao iohoapitable and op-
preasive, if not hostile In ita character, as to form an
Inaupetable obstacle to amicable adjustment.

Upon this delicate and important subject, the com-
mittee are iar from asserting that the attack on the
Frigate Cbeaapeake did not justify the original issuing
of thia proclamation, and enforcing It so long as the
injury might be preaumed to have the sanclion of the
British GuvemmenU But, as (he violation of neutral
rights was promptly and explicitly disavowed by the
Sovereign of tha sggieasor, before the remonatrancea or
measnrea of our Goveminent could be known : aa the
right to search our national ships was eipreaaly dis-
daimed, and a special envoy deputed for the professed
object of making to oar Government a ftill, aatiafaclory,
and public reparation, on the aimple condition of a pre-
vions revocation of this proclsmadon ; your committee
are constrained to declare their opinion, that such a
revocation, under such clrcnmatances, would not have
involved any diahonorsble concession, at an abandon-
ment of any just right or pretension, but would have
been a fair, reasonable, and m'sgnanimous pledge ol
the sincerity of the wishes of the American Qovem-

lOLb Com. 2d Ssss — 5

Senate.

ment to restore the accustomed relationa of peace and
amity between ^e two countries. This course must
have compelled the liiilish Envoy to have offered that
ample and honorable reparation, which would have
been deemed by our own nation, and by the world, an
adequate atonement for the outrage ; oi have jualified,
in the event of the refuaal, not only the renewal of the
proclamation, but the adoption of measures of the moat
rigorous and hostile description.

But, even on (ho preaumption that (he courae adopt-
ed by the Government, In refusing to revoke the pro-
clnmadon as a preliminary to the adjustment of that con-
trovemy, be sanctioned by the usages of nations, andth*
justice of onr claima, your committee are stilt of opin-
ion (hat a punclilloua adherence to diplomatic forms
and precedents should not be maintained, at the risk of
war, by a nation whose genius and policy are pacific;
and which, while justly jealous of the Datiansl honor
and independence, looks principally to the substantial
security of those blessings and regards aa inalgoLGcant
those petty contentions which, originating in court-
ly pride and vanity, frequently terminate in bloody
wars. And they ttierefote think, that this ptoclama-
tion ought not, in the present situation of Europe and
this country, to remain ss (be only, or even as the prin<
cipal barrier la tha restoration of our amicable relatione
with the British nation.

Your committee, therefore, ask leave to report tha
following resolutions:

Raohcd, That the Senators of this Commonwealth
in Congress be inatructed, and the Rcprcaentatives
thereof requested, to use their moat slrenuaua exer-

IsWB Imposing an embargo on the ahipa and veasela of
the United States, as the only equal and effectual
means of affording permanent relief to the citiiena of
this Commonwealth, from the aggravated evils which
they now experience.

iCeiohed, That, although this Legialatura would
cheerfully support the General Government in the pro-
seendon of a just and necessary war, yet they cannot
perceive the necessity, intimated in the Messsgeof the
President to Congress, of continuing the embargo, or
resorting to war ; that it is not the policy of the United
States to engage in a controvsray with any nation,
upon points of diplomatic uaagc, or equivocal right,
provided substantial reparation, for injuries can be ob-
taineil ; and (bat the revocation of the proclamation
interdicting the British ships of war from our watcrs,-
ought not, in the opinion of this Legislature, to be
deemed an inadmissiblo preliminary, which should oh>
struct the adjuatment of the controversy between tha
United Stalcsand Great Britain.

Ia

a Uuuas

Novtmber Ifi, 1808.
Read and accepted — Sent op for concurrence.

TIMOTHY BIGELOW, ^taka:
I> SiHara, Nmember IS, 1808.
Read and conearred.

H. G. OTIS, Preiideat.

Commonvxaltk of Matgaekutttlt.

Is SiHiTi, tiovembir 16, 1808.

Ordered, That the President of the Senate and

Speaker of the House of Reprnsentativea be requealed

to tranamit to each Senator and RepTescntalive fi^m

this Commonwealth, in the Congresa of the United

jjGoogle

131

HISTORY OF CONGRESS.

132 I

Senate.

Tfte Embargo.

NOVEMBGS, 18DB.

SMtM, an ttteri«d copy of the repOTt of the committee
•ad letololioni of the Legialature, passed at the presenl
•eanon, Teipecting the eipediuncj of the eiisting em-
bargo, and of other aubjecta connected iberewith.
Sent down for

Ik the HoiraK of RuPBEatNTATlTli,
rhvember 17, 1808.
Bead and concurred.

Sib: In confbnnitj to the forcgoinE order, we ha<re
the honor to tianimit to you a copy of the molutiom
tberein alluded to, and arc, roapectfullj, your mon obe-
dient aerrants,

H. G. OTia.
TIMOTHY BIGELOW.
NoruBia IB, 1808.

THE EMBARGO.
The Senate reiuroed the coosideralion oribe
niDtioD made on the 11th icsiani, For repealing
the "Act laying an embargo on all skips and ves-
sels in the pons and harbors a( the Uoiied Stales,
and the several acts suppleiueDiary thereto."

Mr. Llovd rose and addressed the Senate as
follows:

Mr. Prenideni : I feel impelled, sir, by a sense
of duty, aod by the observalions of the honor-
jQileman 1b« up, (Mr. Giles,) io mate
s on this subjeci

[he

[efurVhet
When I had the
Senate, I did not enl
menls, which, as a :
been expected from
which would yet n
the Uoited Slate b, n<
of the French decre

Council ; nor did I enter into aoy detailed ex
■nations of the different degrees of sufierini;
tained by different sections of the United Slates,
in conaeqtience of the existing; m(ui
affairs. The reason why the latter was omittei

' before to addre

;antile man, might have
of the value of ihe trade
n to be prosecuted from
tbstandin^ the existence
r the British Orders in

mity mentioned. The r

s foi

informed as thehon-
jse. But, sir, I had

snily introduced

■esemiy
not noticing the former were, that having seei
many details in the newspapers and other ephi
eral publications, founded apparently on com
data, that I did not consider it necessary to lay
any further sentiments on this subject before gen-

tieroeo who must be so well '"'" ■ - -■ ■

orahle members of this He
other reasons; baring been
into the Senate, not being much accustomed to
public speaking, and being very tineipectedly
called into debate, I felt desirous to lake upas
little time of the Senate as could be done wiib
propriety, being much more disposed to listeu to
the arguments of other gentlemen than to ob-
trude upon them any remarks of my own.

When I objected to the poslponement on the
first day of the debate, it was not my intention at
that titne to have expressed my sentiments on this
aubject ; but I had hoped to have heard the gen-
tleman from Virsinia, who addressed you yester-
tUy, and whom I hail observed taking nates for
the purpose. Had I been present and heard the
obserradoiis of the gentleman from Kentucky,

(Mr. Pope,) which I have since seen ia the news-
papers, I should not have objected to the post-
ponement, as it willalways afford roe pleamreio
meet with civility and respect the wishes of any
member of the Senate.

To do away any erroneous impression which
may exist, these observations are perhaps not
wholly useless.

When I before rose, sir, no gentleman in oppo-
sition to the resolution had then spoken on it ; and
having risen unexpectedly, I could only rely on
conjecture for the grounds of that opposition.
When I came to this city, from the general pub-
lic impression abroad, my expectation was, ihal
the embargo would be raised. Thequestionlhen
was, if the embargo were raised, what was next
to be done? Of the leading ^nllemen with
whom I conversed, some had said we must have
war; that the question would come to this point
in a month ; some, that we must fight with both
the belligerents; some, with one of^them. As I
was not Q,uiiotic enough to think of lighting at
the same time with the two nations, who com-

gress, was narrowed to this point : ought we to
go to war with France or with Oreat Britain?
And from this view I made the discrimination
between the circumstances of those two Powers
when last I addressed you; end I have now no
hesitation to sav, if we must have war, it would,
in my opinion, lie preferable to have war with
France rather thnn with Great Britain.

A great deal has been said in relation to the
Orders in Council, and the act of Parliament un-
der them, imposing a duty, tax, or tribute — call it
what you please — on the transportation of Amer-
ican merchandisefrom Great Britain to the portt
on the Coniinent. I shall say but a few wards
more on that subject. France says you shall not
go to England on any terms; England says you
may go to France underceriain conditions. Mow,
sir, as I have been taught to believe that the
whole includea all its parts, 1 do not see by this
how a limited exclusion can be more ihau a total
one. England then, had not, in this instance, be-
haved worse than France: they hare both' be-
haved bad enough. Still, after making these ob-
servations, I wish not to be misunderstood. The
regulation is an offensive one; and if any gentle-
man will bring in a bill making it highly penal
for any American owner or master of a vessel to
purchase this license for proceeding on his voy-
age from Ihe United States to the ports on the
Continent, through the medium of Great Britain,
or should pay the tax, and proceed, after being
coerced into a British port, I will cheerfully unite
with him in passing such a law.

With regard to the Orders in CouDcil, the Brit-
ish say they are measures of retaliatioo, to he re-
tracted as soon as the decrees which occasioned
them shall have been withdrawn od the part of
France. Gentlemen say they do not believe these
professions; but that Great Britain has deeper
and more hoalile views than these ; that sbe is
jeslotis of tbe prosperity of the United Slates,

.yGoogIc

HISTORY OP CONGRESS.

NOTEHBBII, 1808.

■ad fean them ss a commeTcial rival ; that she
wiiDfs to cripple and destroy our trade. Admii-
tio^ this to be the fact, (and very possibly it may
be in part well founded, ) what does yoar embar-
go effect ? 1 contend that it is an act of absolute
lubmisFion to her. This is strong ^t^uad. and I
wish to have it noticed. Sappose Great Britain
has ihedixpositioDiyou attribute to her; she will
not now attempt to enforce them ; she dare oot al-
tenipt to drive you from the ocean, because het
own interests would at this time be maieriatly in-
jnred by it. Suppose she were to acienipt it,
whet would be the consequences 1 Suffer even
(he merchanis to arm their vessels and their con-
voys, and their minor cruisers would acCBsJouaily
experience some unpleasant renconlre*. In ad-
justing the depending accounts of her merchanis
with tTiis country, she would sustain some incon-
venience ; and she would also be obliged to sub-
mit to the loss of her colonies on the continent of
America, now become doubly dear to her, from
their recent prosperity, and from the supplies she
is drawing from them for the sopjMirt of her set-
tlements in the We.°l Indies. Nonr, sir, what
does the embargo effect 7 By it you are doing
for Qreat Britain, without any Inconvenience lo
her, precisely that which she will not venture to
do for herself. Great Britain says, you shall trade
only partially ; and vou agree lo trade not at all.
The coQlinuance of the embargo is, therefore,
complete submission to her.

Much has been said about British influence,
and certain passages have been read from the me-
motinl of the merchants of Boston, for the put'
pose, as I suppose, of demonstrating an incon-
■istency in their opinions in 1806 and al the pres-
ent time. I have not seen the paper for ihese two
years, but there is no ineonsisteacy in it ; the sen*
timents entertained then are the sentiments en-
tertained now. Great Britain violated our neu-
tral rights; the merchants of Boston complained
to theiT Government in pointed terms, and called
on it for jtroteetion and redress against Great
Btilain. Was this an erideoee of British inflU'
<nee? The char^, however, existed at that time
as well as at the present ; but the sceneis chang-
ed; we had not then a Berlin decree, a Milan
decree, a Bayonoe decree; our vessels had not
been waotoaiy burned on the ocean, nor bad we
received any letters from Cbarapagtiy.

And OD this subject what says the Secretary of
Slate to General Armstrong 7 He tells him that
" the burning of neutral vessels detained on the
' high seas is the most distressing ofall the modes
' by which belligerents exeri force contrary to
' right, and in nroportion as it is destitute of apol-
* ory ought at least to be theprompiludeandam-
' pTitude of redress." Has this redress ever been
obtained 1 To my knowledge or belief it never
has. The merchants of Boston, therefore, prob-
ably think that a war with France would now be
more for the honor and the interest of the United
States than a war with Gteai Britain. For
thinking this, are they justly chargeable with be-
ing tinder British influence'? This is an old story.
I shall take none of it to myself, nor admit any

of its allusions. 1 challenge any one to produce

1 shadow of plausibility for any such imputation.
I know they were not meant as personal allu-

NomithsinndiDg all that has been said, the geo-
tlemao from Virginia still considers the embargo
as a coercive measure ; and if it is not. I know not
what good it can effect ; and if this good be not
effected, then it ought not lo be nersiaicd in.

The gentleman seems to think, that by this
continuance, Great Britain may still be seriously
affected by her want of brendsiuff, of timber, of
tobacco, or of cotton. Sir. I am sorry that in this
discussion we have 4o refer so much to foreign
nations, and sometimes lo appear to place ibeir
resources in opposition to our own; but I know
of DO other way in which to take into eoosideia-
lioo ihepronrieiy of this embargo, or the effects
that are likely to be produced from it. The slale-
menis, if correct, must be known to them, if not
(0 ourselves; and we ought also to know them.

The gentleman from Virginia thinks that tbe
want of our breadstuff will affect Great Britain.
Prom his extensive knowledge^ he mofl know
that the annual consumption of grain in Great
Britain is estimated at about one hundred and
flfty millioos of busheU; that the whole of our
exports, converting ibe flour into wheat, is about
seven millions three hundred thousand bushels.
Now, admitting that every kernel of ibis grain
used to be sent to Great Britain, (which is very
far from the fact,) does the centleraan expect se-
riously to operate on Great Britain by rciaiuing
within our ports fire per cent, ofall ihe grain she
consumes! Surely not, sir.

Thegentlemanalso thinks chat the want of our
timber may affect her. Does be recollect that she
now has al command tha forests of Sweden, of
Canada, Nova Scotia, New Brunswick, and the
whole coast of Sonlh America 1 Willi these re-
sources, is it possible that she can want limberT
No, sir ; and the worst evidence of it for us is,
that ;be has just laid such a new duty on timber
from the United Stales as, if the trade were now
open, would amount to nearly a total exclusion
of it.

Will she want tobacco ? There are gentlemen
on this floor so much belter informed respectinjg
this article, thai I shall say little about it. It is
not a necessary of life ; and what is produced in
the West Indies, the Carraras, the Brazils, and
the Spanish provinces, must, J should presume,
be sufficient to prevent the embargo from affect-
ing her by ihls commodity.

Does ohe want cotton? Yes, sir, the does. Al-
though the mention made by the gentleman of
the " bad trade at Mancbesler," is not a very hap-
py illustration of the fact, too lively an interest
cannot be paid to this article by the Government
of the United States. It is the great staple of the
country, and more especially of the Southern
States. Great Britain imnoris seventy millions
of pounds of cotton annually. Tbe exports from
tbe United Stales of this article amount to above
sixty millioos of pounds; of this, Great Britain
takesabout two thirds; say, however, she receives

.yGoogIc

HISTORY OF CONGRESS.

136

November, 1808.

from us fony-GTe or fifty millioDs of pounds in a
year, and lliat ibis supply is very impoTiant to her
manufacturers; (he queslion IhcD Is, whether, if
we abstain from all iotercourse with her, she can
■upply herself elsewhere? I fear she can. In
addilion 10 the LQcreasing supply from her own
West India colonies, Ihe Brazils can furnish &(-
teen miliiotis of pounds. The annual export of
cotton by the British from Bombay tu China is
from fifteen to twenty millions of pounds, which
can be sent to Europe with a profit. Here, then,
are at least thirty mlllians of pounds. The cul-
tivation of cotton in Bengal is progressing, and
Spanish America will further increase the stock.
But I fpar we have in our own oeighhorhood a
much more farmidnble competitor than can arise
from any of the beforemenlioned places; the
commerce of ihe whole coast of Guiana is under
the control of Great Britain : a coast of three hun-
dred miles in extent, as well calculated for the
production of the best kind of cotton as any in
the world. Until within a few years, it scarcely

Eroduced any quantity of importance. It now
rings into tlie market more than fifteen millions
of pounds annually, and is considered as being
capable of producing, in a few years, more than
•ixty millions of pounds.

One of the worst efiecis of the embargo is, that
it has trumpeted abroad what we never ought to
have divulged ; it has taught other nations the se-
cret of their own self-dependence; it has induced
ihemloseeknewavenuesof commerce, and when
we are ready again to trade wilb them, It is great-
ly to be feared that they will not leare their new
to return to their old customers.

The gentleman from Virginia (Mr. Gii.es}
tbinhs the embargo may becaosidered as a fortu-
nate measure ; that the people in his part of the
country are contented with it; that the interior
is improving; that Philadelphia has increased,
and so have Georgetown and Washington; that
the condition of the farmers of his neighborhood
is ameliorated; the^ cultivated loo much land
before; they now raise less produce, but they ate
better situated. If this reasotiing of the gentle-
man be sound, pursue the amelioratLoii still fur-
ther, and he will find his countrymen becoming
Mceedingly wealthy when they possess nothing
at all. I am glad, however, to hear thai any part
of our country is in a prosperous situation. I
(hoold rejoice were the country whence I came
aimilarly circumstanced. With us, industry is
paralyzed; our produce is rotting on our hands,
aod real estate has become nearly unsaleable.
This may in pan arise from the diifereQce in the
nature of our produce. The prioeipal products
of Virginia are, I believe, wheal, corn, and tobac-
co. The gentleman says our exports are beef and
fish. These are among the principal. Cattli
cannot be sold while beef cannot be exported
and must, therefore, be killed and lost, or kept or
band for belter times, at an expense perhaps ex
ceeding its value. In little more than twelvi
months the fish must return to the ocean in i
mtich more worthless state than it was receivei
frotn it; while the tobacco of Virginia for a time

opro

■s from age, and the grain, with c.

says that

the Consiimiion of the United Slates has mostly
benefited the Eastern States; that it is immate-
rial to the Southern and Western States wbo are
of their produce; the discriminating
duties in favor of American shipping are nothing
to them; that the Northern States hold the pub-
lic debt; and, I understootl htm to say, that Ibe
Southern States protect them.

The Constitution, sir, was a matter of compact;
the partners to which, like the parties to all other
contracts of the kiod, probably surrendered some-
thing of their individual advantages for the gen-
eral benefit.

Have the Middle and Eastern States surrender-
ed nothing? For what reason is it that North-
ern citizens, on the floor of the other branch of
the National Legislature, have not aa equal rep-
resentation with Southern citizens? It is be-
cause it was part of the compact ; it was a con-
cession made by the Eastern States; and for
what? for the protection of I'

Emblemat-
ical representations of commerce and navigation,
ships tn miniature, were drawn triumphantly
through the streets of all the principiil seaports in
the Eastern States, as indicative at the expected
protection lo commerce from its adoption. With-
out American navigation, how would Southern
pro[luce have found a market for the last ten

As to the public debt, it has nothing to do with
the question, unless you wish to criminate those
who showed most confidence in thesiability of
your Government.

With regard to protection,sir ; against whom do
the Northern Slates want prolection ? They have
no iuternal enemies nor enemies on their fron-
tiers, against whom they cannot protect them-
selves. Tbe assistance of the Southern Slates
may be useful in protecting their commerce from
European enemies. If this can be done, and they
can have an open trade, it is all they ask.

The drawing parallels of the diSereuI de-
grees of suffering in the different sections of
the Union is an unpleasant task; but, in my
opinion, my duty requires it. I canoot believe,
with the geullemao from Virginia, that any part
of the United Slates is prospering under tbe pres-
ent Slate of things. No, sir ; we are all suffering
too much. He does not agree with other South-
ern gentlemen, and among them with his cot-
league. I think he Elated that Virginia, he be-
lieved, suffc^red as much as the Eastern' States.
This ought to be understood. For a national ob-
ject our sufferings ought lo be nearly equal. I
will, therefore, make a short stalemeni, to show
how the Stale of Virginia and Ihe Slate 1 in pari
have the honor lo represent, (Massachusetts,) are
relatively affected by our present situation. They
are both great Slates.

By the returns from the Treasury Office, it ap-
pears that, in tbe year ending September 30, 1807,

.yGoogIc

mSTOET OF CONGRESS.

138

NoVCMBBR, 1S08.

Vii^ioia «ported of foreign produce

10 Ibe aiDvaDt of - . - - (367,713

Massacbuseils 13,926,377

Virginia ex ported (if domestic produce

Id [he amount of - - - - 4,393.521

Massachusetts 6,185,748

Thus, then, Masaachusetis eiporied. of domestic
produce, half as much again as Virginia, and
more than thirtf times as much fureigu merchan-
dise.*

Bui, sir. take another riew of it. Large as ii
may Ik, take no account of the whole aiaount of
the exports of Mahfachusetls. as abore slated,
about twenty millions of dollars; retain in the
cccoant all the exports of Viroinia, about fire mil-
lion of dollars; taking it in this conSned point of
view, which rufiers mosf?

The inhabitBQis of Massac hu Bet (s, In general,
cultivate a soil which yields to their unremitting
industry ihe necessaries of life, but affords none
of the great staples of the Southern Slates ; still
they envy not their Southern brethren the |ios-
session of a happier climate, or a more fertile re-
gion. They do, howerer, consider the ocean,
which the bounty of the God ofnature has spread
before them, aa in some degree their property;
they consider the use of it as their birth-Hjiht, as
an inheritance bequeathed to them by their an-
cestors. Those of them who lire on the seaboard
look to it as the principal means of their aubEist-
ence; their ressels are, therefore, to tbem what
bi' farm is to ibe Virginian.

Of the whole tonnage of the United Statea,
Massachuseiis possesses more than one-third.
She has 450,000 tons; Virginia has 69,000 tons.
Deduct these 69.000 tons, and estimate the resi*
due at two dollars per ton a raonlh, which Is
about the common rate of charter in times of ac-
tive employment, and it will give upwards of
nine millions of dollars for a year. Discard from
this statement nearly one-half the sura on account
of the embarrassments on our foreign commerce,
which might remain after the embargo was raia-
*d ; fur the remnant of the coasting trade which
s yet prosecuted ; for occasional want of employ-
ment, and for other incidental dedurtions. and
there will then be left a sum, lost lo the owners
of naTlgalion in Massachusetts, not much less
than the entire amount of the exports from Vir-
ginia, as slated in the returns; with Ibis di£fer-

* How far the coasting trade ma; vary this state-
ment is uncertain, lu there are no Jocuoientj before
Congress apccifically showing ths statB of it On the
one hand, a considerable quintitj of the produce of
Virginia ts shipped from the seaports of other Blate* ;
whUe, on the other, MsisBchuseltfl also shipi ta the
same ports very large amounts of India and Guropean
merchandise, as well as connderalilo qnintitie* of do-
mestic produce and manu&elnres. And the India
and China trade from Muaaehnaetti alone, must
■monnt to at least two mijiioui of dollar* more than
their proportion of the amuunt aa stated in the docu-
nenlo, owing to Iba principal part of that trade being
protacuted with specie, which u not included in the

eoce, that the produce of Virginia yet remains,
and one-half, or one-third, or a greater proportion
of its value may be now had, or may be obtained
when the embargo shall be raised. Nut so wiib
the produce of narigalion ; that is totally losi;
it does not exist nor remain on hand like cotton
or tobacco.

ferent, and that a sense of my duty lo my a
immediate constituents requires me to make tbe
contrast; but, be it what it may, the independ-
ence of tbe country ia to be preserved at all haz-
ards; and the people of Massachusetts will, I
trust, always manifest a lore of order and of pat-
riotism which will carry them through every uaa-
ger which menaces tbem, and through every dan-
ger wbli;b menaces the Constitution.

Qentlemen opposed to the resolution say, thftt
ihose who have brought it forward propose no
substitute for the eml)ar|;o; and tbe gentleman
from Virginia says, thatlin particular havegiven
no intimation on this head. I have no reserve in
my opinion on the subject I am free to say, re-
move the embargo, suffer the merchants to arm
their vessels, put the nation in a btale of defence,
and assert your well -established and indispniablB
rights, or perish in the conteal.

W^hen Mr. Llovu bad concluded —
Mr. MiLLEDOE observed that as he bad but this
day taken his seat, and had always been in favor
of ^antin^ time to others, he wished that its fni-
their consideration should be postponed till Mon-
day next. Agreed to without opposition.

MoNDAT, November 28.

Mr. Thrhbton, from the committee to wbuin
was referred the bill to reward Andrew Josepli
Villard, for an i oven lion of public Ulltiiy, reported
an amendment ; which was read ; and ordered to
lie for cuDKideraiion.

On motion, by Mr. White,

Ordenri, That the report of the Secretary of
the Treasury respecting roada and canals, made
the 4th of April last, together with the memoriala
of the President and Directora of the Delaware
and Chesapeake Canal Company, of 1st Decem-
ber, 1805, and 10th January, 1807, he referred lo
Messrs. White, Reed, Mitcuill, ANDERsoii.and
PoFE, to consider and report thereon by bill or

THE EMBARGO.

Tbe Senate resumed the consideration of the
motion made on the llth instant for repealin|[
the "Act laying an embargo on all ships and vec-
sels in the ports and harbors of tbe United Stales,
and the several acts supplementary thereto."

Mr. S, Smith rose and addressed the Chair ai

Mr. President: When 1 last bad ibe honor to
address the Senate upon tbe subject now under
consideration, to wit, the repeal of the laws lay-
ing an embargo, I took occasion to observe, on
the transit duly, or tribute laid by Qreat Britain,

.yGoogIc

HISTORY OF CONaRBSS.

8l5ATB.

NOTBHBBH, 1808.

on certain arlicles, the prodoce of the United
8lfttes,wbeTi Mporleil lo the countries where they
■re uiually consumed on the CDntiueDt of Eu-
rope. It may not be improper for me lo pursue
(kat subject so far as the said tribute is imposed
on all the articles usually exported from the Uni-
ted Stales to the Coniinent of Europe. I Ibeo
spoke from memory, but find I was correct hk to
tn»omouDtsou the articles tneuiioDed. I observe,
boKerer, a miiieke by one of the sienographeri.
io tbe word »terliiig,in the article wheat, when I
meant the currency of my country. By the act
of FarliameDl, of tbe 28tb March test, duties on
ezpoTls are laid to carry into effect (he Orders of
Couocil. I shall Dot noticeany but those cbargred
on liie products of the United States. It will be
recollected that I hare already staled that none
of tbe products of the United States can be car-
tied to the Continent of Europe without being
•abject to capture by British cruisers, unless they
•hall first be carried to, and landed in Great
Britain, and there pay a transit duty, or tribute ;
of course, all articles [he produce of the United
States are subjected to that tribute on their way
to the countries, so far as they consume the same.
On the following articles, those duties or tribute

American Produce.— loiigo, 45 cents per lb. ;
Pitch, 95 cents per bbl. ; Tar, 95 cents per bbl. ;
Turpentine, 78 cents per cwt. ; Rice, 45 cents per
cwl.; Tobacco, per 100 lbs. $3 ; Collon, 16 cents
per lb,; Timber, staves, and lumber, a prohibi-
tory duty ; Ashes, $2 22 per cnt. ; Corn, 15 cents
per bushel; Wheal, 23 cents per bushel ; Flour,
S3 per bb!. ; Fish. 90 cents per cwt. ; Pork, 86 86
per bbl.; Beef, J3 33 per bbl.

What amount would cargoes of sotne of those
articles pay of tribute 1

A ship carrying 1,000 bags of cotton, will pay
s tribute of 350,000, being about the value in
South Caioliua ; to which add merchants' com-
mission, and other charges of port, of 22,000.

A cargo of 400 hhdi. of tobacco will pay. of
1,000 weight each, Sll,100

A cargo of 3,000 bbU. of fiaur will pay }6,650.

A cargo of fish, as I em informed, (for I am
naacquamted witli the number of quintals car-
ried by a ship of 300 tons,) will pay from $3,500
to 84,000.

Double insurance, double premium, double I
ohanis' commission, insurance, and other charges
not noticed — I leave that for the calculation of

It is true the King mny suspend or alter any
part of the act as he shall see proper, and thecoo-
tinuance of the act is only to the end of the next
session of Parliament. It is to be hoped that
England will see the error which she has com-
mitted, as well as it affects her own interest, as
also the deep wound inflicted on the honor and
interest of her most useful customer. But,
if we retract from the stand which we h
taken, will she not think, from ibe instability of
oar councils, that she may proceed in her system

of moDopolv, until every branch of
merce shall oe extinguished? But, Mr.

President,

does the British nation l^y similar dnties of ex-
on similar articles from bet own colonies ot
allies? She has heavily taxed the colonial
produce carried in American ships in her ports
'iporiation, but her own coffee, sugar, and
other colonial articles, are still exported free of
duly i thus enabling ber to undersell in the porli
of Europe similar articles carried there, the prop-
rty of Americans. But, says the gentleman from
Connecticut, (Mr. Hillhouse,) this tribute is a
luUity of itself, for the decrees of France caused
.11 goods that have been laniled in England to be
seized end condemned on their arrival; of course,
he presumes that none will go there: be is mis-
iaken, Mr. President ; if the articles shall promise
a profit on the Continent, men will be found (and
many will do it) that will pay the tribute in
England, (and this the English Minister knows,)

and who

Is Ibis

ways and means of admii-
.r) ? No, sir; what has been
Done, anu is oone every day, will be pursued
when profits sufficient offer the temptation ; what
then bus been done T American ships arriving in
the port ofLondoD have been chartered (unknown
to their owners) to proceed to Holland with a
cargo of British coffee, sugar, and other goods, at
an enormous freight. The Americaa crew, ex-
cept the captain, is discharged; a new crew of
Englishmen taken on board, to each of whom a

firomise is made, beside the usual wages, of a
arge sum, perhaps 50 or 100 guineas, to be paid
on the performance of the voyage. They ate
told that they must declare, if questioned, that
the vessel has come direct from America, that
!^hc has not been visited by any British cruiser,
and has not touched at any British port. Papers
forged in England— for the Engli!,h, Mr. Pre»i'
dent, are greatmaoufacturers, and have a uanu-
factory of all the papers and documents usually
necessary for an American ship. Every paper,
even to the merchant's oaih^ that the properly is
his, that no foreigner is either directly or indi'
reclly concerned therein; the Consular certificaiea
of origin, of the French or Spanish Consul, as the
case may he, showing that the cargo on board
bad been imported into the United States from
some French or Spanish colony; every seal of
office so completely imitated, that no man can
know the difference. The ship thus provided
proceeds to Holland. The DutcU Mr. President,
are hostile lo those decrees of France; all are
willing to countenance this trade ; very little in-
quiry is made there; the trade is winked at by all
the officers of Government, and thus carried on
with security. Now. Mr. President, as this trade
can thus be carried on, 1 will ask the honorabja
gentleman from Connecticut, whether the temp'
tations being great, it will not be carried on by
our people, and the tribute paid, for without pay-
ing thai they cannot escape the vieilance of ihe
British cruisers; they will go into England, they
nill pay the tribute, and pursue their voyages;
and what right shall we have to say they do
wrong in so doing! What -right has Government
' to expect individual palriotium. when opposed to
individaal interest, when the Government itself

.yGoogIc

Ul

HISTORY OF CONGRESS.

N'arEMBH, ISOa

Sbnate.

lepead'

IJon [a sordid interest? Take oS the embargo,
Mr- Pmident, aod wil! not meD $a^, our Gor-
aataeat has acquiesced in ihe tribute, laid upon
commerce by Great Britain 1 We therefore do
nowrotig in paying it; we do wiiat every pru-
lieDt miB will do, make our property as safe as
possible, and pursue our trade ; for we well knonr
that if we do not stop atid pay the tribute in Eng-
iiDd, oui shipsad cargo must fall a prey to Brii-
itb depredatious. We will Ibereiure go into
Euglatid, pay ihe tribute, and lake our chaoce to
etade ilje decrees of France. Yes, Mr. Preai-
lirDi, and il will become such a trade as will In a
lery thort time meet with security by insurances,
ndlhat at Dorery high premium. Again, those
resub return iog with arlicies fur the consump-
liaa of ibe Uuiied States must stop in England,
(at iubjeci themselves lo capiure,] there land
ideir cargo, and pay tribute, before itiey can pro-
ceed to their own country. la this a state to
whicli ibe gentlemen wish lo reduce their coun-
try f Ate ahey willing to pay tribute to Great
Biitain ; If they are, lake oS the embargo, and
!fOD encourage further a ag res.'' ions, and further
{lactioQs. Sir, there will be do end lo Ibem ;
vt bad better have remained colonies than sub-
mit to such n state of degradation.

Let us lake a view of some of the principal
srlicles thus charged, that we may know in what
couatries they are usually consumed. Cotton, an
article of such importance, that its value may be
coDsiJered as amounting to nearly oue-fourth of '
ihe value of all the exports of tbe pTOdtice of the
United Stales. Two-thirds, some say less thereof,
IS required for the Engli-'h manufactures, when
la full work; and one-third for ihe Continent of
Europe. Uuder the Orders of Council, that one-
tbird, or twenty millioDS of pounds of cotton, are
prohibited from proceeding to its usual place of
coDsumptioD; of coursethat one-third must either
'eoaJQ on the hands of the planter, or be shipped
ID Gogland, where it cannot be consumed, aod
'bus reduce, by so large a surplus, the price of
llle trhcle,

Flmr. — Thisarticle is seldom wanted in France,
for France exports the article ; nor in England,
for home consumption, except when there is a de-
fect in the harvest. It is principally exported to
Spain, Portugal, and Italy — to those countries we
are forbid to carry il, by tbe Orders of Council, i
unless we submit to pay two dollars on each bar- |
i«l, which two dollars must necessarily be taken
oB'tbe price in this country, and thus operate as
ilai upon the farmer of two dollars per barrel.

Tobacco. — This article is consumed principally
on tbe CoDtiaeni of Europe — only about one-
Kveath thereof, or H.OOD hogsheads per annum,
ii believed to be consumed in England ; tbe resi-
due, or 76,000 hogsheads, per annum, usually con-
mnied in Qermany, Holland, and France, must
eilber remain in the tobacco houses of Virginia
and Maryland, or go to rot in the King's ware-
houses at London; or, if removed from thence,
■objected to & duly of three dollars per hundred
ponndi. This is peculiarly hard oa the State of

Maryland, for of the 14,000 hogtheads exported
by that State, not more than 500 or 600 hogs-
heads is believed to be consumed in Kagland ;
the residue, say 13,500 hogsheads, can alone find
a market in the ports of Holland and Germany,
to which countries the English say we shall not
carry it; therefore, the lading off tbe embargo
would operate nn relief lo the numerous and re-
spectable body of planters of the State which I
have the honor to represent.

Fish is consumed only in France, Spain, Por-
tugal, and Italy. To these countries we are for-
bidden to go with this article- It is not candid
in gentlemen to state to the Senate, that the em-
bargo compelled thejiwners of fish to keep that
article to rot upon their bands, when it is well
known that many vessels were compelled, after
having made their voyage lo thecoast of Europe,
to return home with their cargoes of G>h, tne
English not perniitting them to enter the ports
of their destination. It Is true a small portion of
the fish caught by the people of the Uoiied Slates
is consumed in tfie West India islands. Gentle-
men may be deceived by looking at ihe report of
the Secretary of the Treasury, when ihey see the
large amount slated to he shipped lo Great Brit-
ain, of the products of the United States. Almost
all our business passes, in rome way or other,
through the hands of British merchants, either by
consignments or remittances. By shipping to
their aiidress, the American merchant ii permil-
ted to draw bills of exchange for a proportion of
the amount on the British merchant. The ship
proceeds to Cowes or Falmouth, and there re-
ceives the order of the London merchant to pro-
ceed to tbe country where the best market can be
obtained for their articles; and in this way Ihe
export to Englanil is swelled la a large ainouui,
when, in truth, tbe consumption is in other

The genlleman from Connecticul (Mr. Hii.i>-
house) says that the embargo tends to demoral-
ize our people. 1 fear, Mr. President, that the
payment of tribute in England, and the perjury
employed to evade the decrees of France, will
not only demoralize and degrade them in ihe eyes
of all Europe, but also in our own estimation.

When I was last up, I took a view of tbe exports
still left 10 the people of the United States, not
implicated either by the decrees of France or the
orders of England. In answer, tbe genlleman
from Delaware (Mr, White) has slated thai (the
decrees of France and Orders of Council not-
withstanding) there wuuld siilL be an export free
to the United Slates of four-fifths of the amount
exported therefrom. The genlleman from Mm-
sachusetls, (Mr. Lloyd,) more cautious, has stat-
ed thai ihere would he slill important branches
of commerce left open to us. The gentleman
from Delaware has given us the countries lo
which the four-fifths of our exports could go, to
wit: Sumatra, Africa, Java, China, Northwest of
America, Spanish possessions and islands, Swe-
den and ber colonies. On examining the report of
the Secretary, I fii)d that lo those couotriea and
some others, we can export as follows, viz:

.yGoogIc

HISTORY OF CONOKESS.

Senate.

NOTBHBBB, 1808.

Spanish colonies, Florida, Miin, ond

Cuba tS,617,34e

Porluffuese ditto, say Madeira, Wcsl-

ern Isles, Cape de V^rd, and Brazil 570.303

Morocco and Barbary Powers - - 8 358

China 84.032

Africa 369.924

South Seas 3,385

Northweii Coast .... 10,777

Sweden and coloniei - - - 472.666

To those countries (and they are the only ones
10 which we cnold have exported under the Or-
ders in Council) it appears thai the toial amount
of exports is only f4,136,7S3. I have ailmilied
Sweden and her colonies to please the ireDtleman,
Although I understand them to be subject to cap-
lure under the French decree. A lame iiem is
to St. Bartholomews, a SneiHsli island, serving
only as an entrepot. But we ere told that Great
Britain, in her gteal q;oodnesK. has lately permit-
ted us to trade nilh Spain and Portugal, and that
the Orders or Council no longer attach to those
nations. I am of a different opinion, and 1 de-
rive rn^ opinion from the document now in my

" The Lordi of tho Committee of Councit for Trada
■nd Foreign Plantations having authorized ui to make
public the following answers to certain queetions pro-
posed by us lo their Lordships, we publish them for ibe
infoimatioii of all whom they may concern.

"TH08. BARING.
" A. GLENNIE.
" TH08. MULLETT.
" LoXDox, letb August, 1803."
" Queition, His Majesty's Orders in Council of
the 4lh July, 1608, having ordered, that alt hostili-
ties against Spain on the part of His Majpsly shall im-
mediately cease, and that tho blockade of all the ports
of Spain, eicept such as may be still in possession, oi
under control of France, shall be forthwith raised —

" Can an American vessel proceed Irom s port in
the United States of Americs, with a cargo, the pro-
duce of tbe United States, or Colonial produce, direct
to any port of Spain or Portugal, not being in the

Gssession of the enemies of Great Britain, and return
ck to a port in the United Slates direct, with a cargo
tlie growth or produce of Spain or Portugal, without
being liable to rnpturo and condemnation, under the
Orders of Council of the llth and 12th of November,
1807, and the several acts of Parliaioent paiacd to
carry tliem into effect !

"Answer. American vessels may proceed from d
port in the United Stales of America, with a cargo, the
produce of tbo United States, or Colonial produce,
provided such produce be not the produce of the ene-
mies' colonies, direct to any port of Spain or PortU'
gal I such port not Iwing in the posscasion, or under
the control of the enemies of Great Britain, and return
back to a port in the United Statea direct, with a cargo
the growth or produce of Spain or Portugal."

[Here Mr. White explained, and said, thai
proclamation had been issued declaring tbe porls
of Spain and Portugal, not la possessiouof Fi
or heraliiea. open to the admission of Ame. _
veaaeU. with the produce of their own country,

of the colonies of the two nations; but ihey must
return direct to iheir own country.]

the gentleman has got that proclama-
tion, said Mr. S., 1 know not. 1 never have seen
heard of it. I am, however, of opinion that

'rders of Council do still attach to Spain and
Pi)rtu^l; and thai this is only a bountiful telaz-
Dlion of His Britannic Majesty, which he can
change at pleasure, being authorized by the act
of Parliament to repeal or alter, os he may see

II is a well known fact, thai prior to the Or-

of Council, we could trade with tho Colonial
produce of those counicies. These regulstioos of

Lords Commissioners of Trade and Plaola-

s,don<

, ofc.

■etbe

of Councit attach, and should Bonaparte
get possession of any port of Spain, aod an Amer-
can vessel be bound to such port, she would, un-
der the Orders of Council, be seized and carried
into Kneland— in which case I do not believe the
honorHhle gentleman from MassacbusettB would
insure for ninety per cent., againt condemnation
in the courts of Great Britain.

Pursuing the idea of the gentleman from Vir.
slnia, (Mr. Giles,) that the regulation of tbe
Board of Trade and Planlations, if submitted to,
will reduce us to a atate of colonization — 1 beg
leave to observe, that this same Board of Trade
resulated our commerce when we were colonies.
We were then permitted to go direct to the porta
of Spain and Portugal with our flour, Indian corn
and lumber, and mighl return direct to America
with salt; but, if we wished to bring winea oc
fruils,we Were compelled lo proceed to England,
land them, and then proceed to thii country.
What are the regulations now made for us by tha
Lords of Trade? Why, sir, we are permitted lo
proceed to Spain and Portugal, with the produce
of our country, but we must return therefrom di*
rect to the Uoiled States. If we turn to tbe right
or left haod, we come under the Orders of Coun-
cil, and are good prize. We are forbid to carrr
any of the produce of those countries to their col.
onies. although they permit the trade. And why,
Mr. President 1 Because ihe British thereby se-
cure that advantage to their own ships. Again,
sir, when colonies, Great Britain compelled us lo
carry our tobacco, indiso, and rice, to Eoglaod, and
there land the same, but permitted us tote-ship
those articles, free of any duty, to the countries
where they were consumed. Even in time of war,
tobacco was re-shipped to France. Now, Great
BritaiD,allhou<;bweare independent of her power,
(perhaps not of her influence,) orders all the pro-
duce of our country lo be landed in England, and
prohibits the re-shipment, until we pay an enor-
mous duty ; when, at the same lime, the produce
of her colonies may be re shipped, even lo her en-
emies, free of duty. Where is the diflereoce, in
principle, between the regulations made for ua
when colonies, and those made for ua at this tim
Does not Great Bril

instance a

either ease, completely in the aiiaaiion of colo-
nies. I( cannot be miaunderstood. The Lords of

o regulate our trade in the one
1 the other 7 We are, i

.yGoogIc

HISTORT OF CONGRESS.

November, 1808.

Senate.

Trade emphaticallr say, whal trnde we shall, and
what irade we shall doI pursue. Nay, in England,
I hare litilc doQbl, that many people will coDiiider
iias eicessive impudence in u9 lo complain, when

fitic upon a, footing with their own colonies. They
argoi (hat we are iodependeDi— 1 trust, Mr. Pre-
lident, (hat we shall not al^o Torget it. Bat let u$
indulge the genlleman, aad add our eipnrta lo
Spain and Portugal— to whnt amount are theyl
Tn Spain. TeneriS'e, and the Floridas. we export
annually 81,381,337 ; to Portugal ; ^89,313, mak-
ing, togeiher wlih ihe $4,136^783, already staled,
the sum of (6,347,323, being, aa slated in a lumi-
nous report of a rommitlee of the House of Rep-
reseniaiives, less than ffTiOOO.OOO, free of danger
from the decrees ofPranceand iheordersof Oreal
Britain. So ihaE the gentleman'? four-tirihs ap-
pear, by public documenrs, (wblch cannot be coa-
irovrrted,) to be reduced to an amount tiitle more
thaooDe-eigblhof the nattTe exports of the Union ;
Ihe total amount being $48,699,592. Shall we,
for this pittance, relinquish our independent rights
asanalionl

The trade to China gives an export of only
484,000 per annum, li employs an eiportmion of
dollars to near $4,000,000. Nankeens is Ihe ob-

itaould be pursued, under this oppression, I will
Tenlure, without the spirit of prophecy, lo believe
thai every dollar in the United Slates will be
shipped iherefrom. The law prohibiting ihe im-
portaiion of slaves has completely destroyed the
trade to Africa, so that the iiem lo that country
can no longer be counted.

We are told that the suiferiogs of the cummer-
fial States are insupportable, and, from the dis-
cussion in the Senate, it would appear as gene-
ral)y admilted that the four New England States
are the only coromeicial — comparisons are gene-
rally disagreeable — they appear nowevernecessary
npon the present occasioa, lo show the relalive
stale of commerce among the Slates. I am war-
ranted also, by the example set me by the genlle-
mtnfiom Ma"sachusells,(Mr.LLoyD,)ia msking
the comparison which 1 intend to present to this
House, In doing it, I pray I maylje understood.

the Treasury Report, the products of its labor and
agriculture go, I presume to swell the amount of
eiporls from Massachusetts, for iheir export of
native products is only 8365,950. Rhode Island
may be considered comraetcial in proportion to
her numbers. I have ever admired the industry
and enterprise of her citizens, and have been grat-
ified in the extension of her commerce ; but their
eominerce does not exceed the proportion which
is due to iheir numbers — ibe amount of export
ofiheir[)roducts is $741,988. But Conneciicut,
Mr. President, is she commercial? Every Amer-
ican traveller that visits the Eastern Slates, re-
turns highly gratified with that Stale ; he states
with exuliatioD and pleasure, the delightful fields
thereof; in high alaieofagnculliiTe; itsamiling

villages; and the content and happiness that
beitiiis on every human countpoance ; bul does
this arise from ils external commerce? No, air,
we must give to Connecticut a higher rank ; she
is agriculiurat, and will also be a greai manufac-
turing Slate i ner citizens who annually eroigrale,
lo swell the numbers of olber Stales, will be in-
duced to remain at home, and, by iheir labor and
ingenuily, exlend and promote ihe manufacture*
of iheir native State. Her port of export is pro-
bably New York ; with whal Stale, as a commer-
cial Stale, shall 1 compare her? not with Geor-
gia, for that State, thongh with only half her pop.
ulaiion, exports more than double the amoant of
Connecticut. With South Carolina'? No, sir,
that Stale spares of her products, to swell iheex-
rnrts of Baltimore, Philadelphia, New York, and
Boston, an amount equal to the whole of Ihe ex-
ports of the native products of Connecticut. With
Maryland ? No, sir, with a population very lillle
greater, Maryland exports to near three limes her
amount. Wiih what part of the Union shall I
then compare her commerce? It assimilatea
nearly to thai of Ihe Disirict of Columbia, ils ex-
port being {1,363,352, when thai of Conneciicut
IS $1,519,083.

Massa c busells — yea, air, Mashacbusel is — is realljr
commercial, bul not more so in ptopoi lion lo num-
bers ihan many other States; nay, not equal to
some. For instance. South Carolina wiih half
her number exports $7,129,365, when Massachu-
setts exports of native products only $6,185,748.
New York, whose population is the same with
Massachusetts, exports 89,957,4 16— being half a<
much more as that exported by Massachuaeil*.
Maryland eiporls 84,016,699— being in full pro-
portion 10 the exports of thai Stale. Nay.sir.New
Vork alone exports more than all ibe New Eng-
land Stales together, their whole nnlive export!
being only 88.812,769. But we may be told (whal
is true) thai the Irade of a country does not con-
sist alone in ils native export.'. We may gel some
information by examining as well ils native as ill
foreign articles of exporiation. Lei us examine
il in ibal point of view. It will be found ibat
New York alone, who appears lo approve of the
embargo, if we are lo credit ibeir Oovernor's
Sj>eech. and the answer thereto of both branches
of ibe Legislature, does export of all articles, for-
eign as well as domestic, lo a greater amount iban
all the New England Stales together; for her
exports are $26,357,963, when the total exports of
those Stales amounl only to 834,074.438. Nay,
sir. Maryland exports an amount equal to ihree-
ftfihs of the whole of tiie New England Stales,
her general export /being $14,298,981. I have
deemed il not unpro&table lo take this view of the
subject,loshow(hecommerceoftheUniiedState3,
as they compare with each oiber.

ThegenllemanfromMaEsachuseIls(Mr.Ll.OYD)
has told us. and lold us truly, that the tonnage
owoed by the citizens of that State is one-ihird
of ihe whole tonnage of the Union; ihai the want
of employment thereof causes an annual injury
to ihe amount of six millions of dollars. My cal-
culatioo, Mr. President, does uot make it near bo

.yGoogIc

147

HISTORY OF CONGRESS.

Senate.

No-

isne.

niucli. But, sir, suppose the Tad, is this atiribu-
labte to the embargo? I think not, sir. On ihe
cuDtrary, that the awaers of these ships ought lo
blesi the wisdom aod ficmoess of those who laid
the embargo, aod thus saved thi> immente ton-
nage from British depredation and condemnation
under their Orders of Council, and froni French
burniug and destruciiou under the inferoal decree
oFMilaQ. For it has been truly said, by an emi-
nent merchant of Salem, (Mr. Gra;^.] that not
more than one vessel io eight, ibal sailed for Eu-
rope within n short lime prior to the embargo, erer
reached her port of dcsiinaiiou. My own expe-
rience, however, has taught me the truth of this
remark; and, as a further proof, 1 hare in my hand
a list of fifteen vesseU which sailed for Europe,
and were insured in an office in Baltimore. They
sailed between the 1st September and 23d De.
cember, 1907. Three arrived, one was captured
by the French, one by the Spaniards, one was
seized in HBmburg,and ninecarried into England.
Bulfor the embargo, the ships of [he United Slates
that would have sailed for Europe would have
shared a fate at least as bad — in my opinion much
worse— as that of those fifteen. Nolonein twenty
would biive arrived ; for those vessels that sailed
in September might well have arrived before the
dale of the Orders in Couneil (the 11th Novem-
ber) or the decrees of France. I say, again, let
the ship'owners return thanks to their best friends
.—to those who laid ihe embargo. As one whose
properly has thereby been saved, I pray you to
accept mine. But, sir, let us compare, in order to
know the suSerinss of each, whether ibe other
Slates do not suiter, as to their tonnage, in pro-
portion to the New England States. 1 lake leave
to submit ihe toonage of the Eailera and a fiir
of the Other States.

Tonnage.

Begiiteied

Liceused.

Mt«>chusett« ....
Rhode bland . . . .

ZOfiOB
304,967

28,715
S6,n2S

3,493

134,803

6.523

30,000

Total. ....

878,700

164,619

New York - . - .

Marjiattd ....
South Carolina - - - -

131,047
88,723
71,648

48,166

Tol^ ....

337,S74

By Ibis, it will appear that the Slates of New
York, Pennsylvania. Maryland, and South Caro-
lina, own, of ships engaged in foreign trade, nearly
the same number of tons as the four New Eng-
land Stales. Thus, then, Ihe loss to those States,
in point of tonnage, is nearly equal to that of the
Other four; and, in addition, (hey suffer the loss
sustained by having on hand a ereaier amount of
naiin products. Id fact, the Stale of Ua»achu-

seiis suffers less, because slie has an immense lou-
nnge employed in the coasting trade, which ren-
ders lis usuni profits and usual employment for
her sailors, when those other States bare not the
same advantage. This advantage applies more
particularly toConnecticut than to any other State
in the Union ; fur, of her 46,000 tons of vessels,
20,000 are actually employed iu the coasting irade.
So thai, as to ihe u.-^e of ships, she suffers less thaa
any other in the Union. Htr Irade by land and
water to the other States still contiaues in full
vigor, and renders to her advantages not known
10 any other Stale.

We are told that the embargo is a measure in-
jurious only to ourselves; that our fish, beef, pork,
flour, tobacco, and cotton, remain to perish on
our hands. I have already staled that the fish
Bnds its greatest consumption only in Spain, Por-
tugal, Iialy and France, from which countries
we are excluded by the Orders of Council ; of
course the embargo cannot be chargeable with
its loss, nor with that of tobacco, when not moie
than one-seventh thereof as already stated can go
10 the places of consumption without being soo-
iect to British capture. Thegenllemen from the
States which produce cotton, do not appear to be
alarmed at the danger presented to their view,
arising from that article being produced in Gui-
ana and Africa. For they well know that it will
require population and men well acquainted with
the culture of that article to enable those codd-
(ries to enter into competition with ihem. They
know iliat cotion cannot be produced ia the quan-
tities required by the British maniifaclurers ia
any reasonable time, so thai they feel confidenl
that a sufficient supply cannot be obiained from
any other countrv than their own. But no man
can, no man will believe that any supply from
any other country can be brought forward to pre-
vent a stoppage taking place of the looms of
Manchester.

We are (old, that when the British islands an
accustomed U receive their supplies of live cat-
tle from the Main, that Connecticut will los« that
valuable branch of their commerce. Yes, Mr.
President, if Bonaparte ahould conquer Spain,
her colonies will forever be lost to the mother
country — they will become independent — ibejr
will be open- to the irade of the world; and if
CBlile can (as ibe gentleman has truly told us)
be procured at their own door by the British
planters for two or three dollars per head, it will
very soon become unfashionable to go Io Cou-
neciicui, and there to pay thirty to sixty dollars.
But will this be chargeable on the embargo?
Certainly not. The gentleman has also attempt-
ed Io alarm us, lest Ihe Spanish colonies should
breadsluda. No impos-

lupply the islands wiih
ibiliiies stand in his w

The

will turn his su^r land into corn grounds, and
no longier take his supply from the United States.
Yea, sir, this will be done, when the gentleman,
(Mr. H.) can prove thai men will prostrate their
own interest. The idea is an idle one, and doei
not merit an a as we r.
We are toltl that the embargo, as a g<

.yGoogIc

149

HISTORY OF CONGRESS.

NOTBMBBK, 1808.

Sen ATI.

ineaiure, has had. and can have do oi>eratieii.
either on EngUod or od Ptnace. I differ with
the genilemen.

Fraiice, Mr. President, will feel its opention
OD the loss of (heir UUadi of Mattinique aad
Guadaloupe, (which must fall a pray lo the Brit-
ish fleet and army, dow nbnut to attack them,) for
want of those supplies of provisions Ihey usually
derived from the Uoiled Slates — by the famine
and distress that will ensue in the hies of France
and Bourbon. Those valuable possessions were
fuinierly supjilied from the Cape of Good Hopej
but for years have relied eatirely upon (he Uni-
ted Slates, and will therefore be in the j^reaiest
possible distress, when cut off (herefrom. They
eaonoi now obtain supplies from the Cape of
Good Hope — for that colony is in possession of
the British. Prance will feel its effect, and the
consequent loss of our trade at home. She loses
an immense revenue, heretofore collected by the
duties on the sugar, coffee, pepper, tobacco, and
other articles imported into her ports hy our ships.
Her people can live without the articles; but the
want of (he revenue will be severely fell by her
Government. New sources must be resorted to,
which her subjecis will be distre>sed to meet,
beitig completely deprived of any sale fur their
brandy, wine, and other valuable articles drawn
from France by Americans, and dis'ribuled by
them to every quarter of (he world. France will
be made lo feel by a want of money. Holland
cau DO longer, in so great a degree as formerly,
supply that want. Cut off from commerce, what
is Holland 1 .If (he Emperor's system is pursued,
the grass will be seen growing in the streets of
Atoslerdam. The Oerman Kingdoms, subject (n
his power, will be so reduced by the want of
sate for (heir linens, and the want of commerce
in the Hanse Towns, that (hey will be able lo
render him no aid in money. From the extremes
of his power, it will press upon him even to the
centre of Paris, and will knock with violence at
the doors of his palace.

England, it is (rue^ wiib her great navy and
all-powerful fleets, might preserve herself from
feeling the effects uf the want of bread, provided
that the ports of the Baltic were open lo her ;
but shu( out as she is, from every country which
has usually exported wheal, where will she find
the qiuantity necessary to enable her to afford
supplies Id Spain and Portugal, now s(rugg)ing
for their liberties; for their West India islands,
and tor their immense fleets and armies now em-
ployed in foreigo conntries? From the coast of
Barbary we are told ! Yes, sir, Barbary, under a

f)od governmeal, coulJ supply all the wants of
urope. But, sir, that Oovernraeni, immediately
it finds that the farmer has eotten his land into a
hi^h stale of cultivation, tbc hand of power is

II pittance, say 20d. sterling per bushel,
to (he cultivator. From thence no importani
supply can be derived, and this is well known in
England. But is the want of bteadstuff the only

suffering that Great Britain must endure? No,
sir; she will feel our embargo in the immense
loss of revenue, resulting from the impor(a(ion of
our (obacco, cuiton, rice, and 0(her valuable pro-
ducts. Her cities will feel the loss of (he non-
arrival of our ships, nhich afforded to them ■
large revenue fur the (own dues, employment for
the various mechanins and manufacturers em-
ployed about ships, the want of commissions de-
rived to their merchants, and from oiher causes
not necessary (o enumerate. Liverpool, which
owes its rapid rise, in a great prouortion, to the
American commerce, will feel (ne loss thereof in
a manner that may make them be heard in (he
Councils of the Kingdom. Is it possible thatthat
nation will not deplore the loss of iheir ezporta
(o us, emountine lo Iwelve millions of pound*
sterling per annum 7 Will gentlemen believe
they have no value therefor, when they know
that (hey sent large fleets and armies (o La Plata,
not to conquer the country, but to force a trade —
to compel the Spaniards to receive (heir manu-
factures 1 And what trade 1 Not more than one

liUio

1 the !

nillio

,, u,. >>. .uc u.u=,. inu .u,„.uuoo... ling per
What ridiculous policy muii that be
that can induce a nation to go to an immense
expense of blood and treasure to .'ecure two mil-
liotis of trade, and at ihe same time wantonly
throw aw.iy a trade of twelve millioiis,arising to
ihem without expense of either blood or treasure?
Will they long shut their eyes to such a scene
of folly and wickedness? No, sir, a non-inter-
course will open the eyes of ihe nation to such
ridiculous conduct on the part of their rulers. Is
this all. Mr. Presidium? The sugar planters of
their West India islands (and they most deserve
it) will be made severely to feel ; they will not
starve, perhaps, but they will have to pay ihree
or four times the price for every trlicle of pro-
vision which they, or their slaves consume, and
■en times (he price for s(aveE and other lumber.
Heretofore, they have paid for such supplies in
what I call the offul of their planiaiions, in rum
and molasses. Those articles must remain on
their hands unconsumed, for none but English-
men and iheir descvodanls make use (hereof We
import from the British islands 350,000 gallons of
molasses, per annum, value on the spot £87,500;
of rum, 6.590000 gallons, value about $3,413,500.
Will gehiiemen believe that the warn uf salet,
(and the consequent loss of their value) to the
annual amount of two and a half millions of
dollars, will not be felt by the British planters?
Yes, sir, it has already been fell, if I am rightly
informed, to wit: that the Government has oeen
obliged (0 grant large aid in money to support the
West India planters. But I shall fatigue the
Senate with details of this kind. My duty, how-
ever, has compelled me to present my ideas on
this pan of ihe subject to the Senate.

The gentleman from Delaware (Mr. White)
feels all alive fur the present rulers of the United
States; he asks, where are we to gel revenue,
and with an air of triumph, tells us that we shall
not have a dollar in the Treasury al the next
meeting of CoogreM. We were told the same

.yGoogle

HISIOKT OF CONGRESS.

152

Story lasi year, and thousands of handbills had
been diiilriDuled ihroughout ihe Union asaerting;
that fact. Yet, air, when we met we found four-
teen millions of dollars in ihe Treasury. We
found oar receipia more than in any preceding
year. The geatleman is alarmed lest toe present
party in power shall be prostrated, as bethinks
thai was to which be belonged, by the necessity
of laying a direct tax. He is mistalcen; ihey
were dismissed, because that the tax after tax,
duty on duty, that was laid by cbera, were dissi-
pated, the people knew not how, and because the
people thought their system would lead the na-
tion imperceptibly to inonarchy.

I feelsreatly obliged to the geolleman for the
lender feelings which he has expressed on the
subject, but 1 am not alarmi>d. The preKent Ad-
ministration have pursued a course unknowo to
the last, to wit : the payment of the public debt,
averaging for some years past, five millions of
dollarB per annum. From this payment we are
now relieved, because the law permits us no
longer to make payment thereof, except by pur-
chase of the stockholders; we cannot compel
them to receive. Besides, sir, having paid ofi*
Ihirty-three millions of dollars of the public debt,
we have relieved ourselves thereby from the pay-
ment of an annual interest of two millions of dol'
lars. Those two items, making together se7en
millions of dollars, will operate in effect for any
purposes i:ow required as so much received. But,
air, we have other resources. It will be recol-
lected, that the law of last session authorized the
articles of sugar, cofiee, teas, pepper, and certain
vines, lo be deposited in the public stores until
wanted for exportation. Those articles will now
be required for coosumplioo, and presuming that
as much thereof will be consumed as in former
years, we may fairly count on the following du-
ties being collected thereon, to wti:

On sugar $1,843,199

Coffee 867,259

Teas 966.686

Pepper 250,000

Wines, under 23 cents duty - 41,377

On the public lands -
Making together -

83,gcs,S2i

- 84,668,521

Not is this all ; it is a well known fact, which
will not be contradicted hy the gentleman from
Massachusetts, (Mr. Llotd,) that the importa-
tions from India and China have, la the present
¥:ar, been equal to ibal of any preceding year,
he hoods (for the duties on which) will become
due in the next year ; nor has the importation of
dry goods from England during the present year
been so much le.ss than former years as materially
to affect the revenues. On the whole, Mr. Presi-
dent, I believe ihal the receipia for the year 1809
may with safety be calculated upon, as at least
twelve millions dollars, from which noibio^ being
payable toward the principal of the public debt,

e may count the actual supply to the Tteasuiy

equal lo any preceding year.

Let us take a view of the customary expendi-
res of the Government for the year 1809.

Barbary

Powers and

Foreign inter-

200,000
1,380,000
1,020,000

675,000

3,500,000
1,000,000

$8,675,000

Military
Naval
Interest
Interest

ditto -
n Louisiana
on old debt

debt - • •
and teimburse-

Newreg

meats *

If the gentleman from Delaware (Mr. Wbite)
will not admit any other of my calculations, he
will certainly admit that if we have fourteen mil-
lions now in the Treasury, aod expend only $S,-
675,000, that we certainly shall havcsome money
io the Treasury at the next meeting of Congress,
even should the embargo cootinue all that lime;
and in case of war, if the people do consume ai
much as usual, ways and means will be found to
introduce the articles on which the duties have
heretofore been collected. It must be admiited,
however, that our revepue does sustain, and has ,
sustained, a material injury resulting from the
Orders of Council of Great Britain. On arliclei
heretofore imported from the Continent of Europe,
we derived a revenue equal to three millions of
dollars, the imnorialion of those articles is oov '
prohibited by Great Britain. That gentleman
may correct me if I am wrong. I will take a
view of the articles annually consumed, to wit:
French brandies, 2,739,711 gallons,

duty thereon 8821,913

Ditto wines 31,133

Goods ad valorem, from France and

her allies - i . . . 1,000,000

Hemp, iron, glass, cordage, and other

articles 250,000

Three and a half per cent, retained on
drBwbBck,Bnd advantages from neu-
tral trade 1,000,000

83,103.046

This

.- .._i. by the orders of Great Britain. On the

wj^ole, Mr. President, t am. however, of opinion
that we safety can calculate on a surplus, after
paying the usual expenses of Government, of a
sum not less than sixteen millions being in the
Treasury, at the next meeting of Congress, or at
the disposal of Government provided war shall
ensue. But do gentlemen calculate nothingupon
the credit of Ihe United Slates. It is now known
to the world, that whatever party may be in
power, the faith of the Government, as it relates
10 the payment of i!s debts, has been held sacred.
It will be recollected, that it was charged against
the present ruling party, that when ihey got into
power, all ^et^pecl for public credit would be lost,
and the property in our public funds would

.yGoogIc

153

HISTOET OF CONGKESS.

164

NoTEXBBR, 1808.

Senatb.

be in jeopardy. These, wilb other oharnei of a
similiir Dature, having heen found to be false, and
iha( the prereai rulers are as teoacious of public
cre'dit, as their predeceasors, all feara on that ac-
count, hare ceased. The public credit will be
admitted to be good, and there can be no doubt
that any sum of money that may be required for
a war, may be had by loan; eilhcr in our owii
country or abroad, without having recourse to a
direct lai. So that 1 pray the honorable gentle-
man from Delaware to quiet his tender feelings
on this subject.

The SeoTnen. — We at length find the gentle-
men are alive to the interest of this useful class of
citizen?. It may be considered a uoveltf to them.
They tell ui that our seamen hare abandoned
their country and gone into foreigD employ. Will
the gentleman from Connecticut (Mr. Hill-
BOUSB} say in his place, that the sailors of Con-
necticut have deserted their country lo lake refuge
on board British ships of war 1 No, sir, he knows
the abhorrence of his fellow-citizens to that hind
of service. The seamen of this Union have
fathers, uncles, brothers, friends, with whom tbey
find employment. They will be found in the pub-
lic works of the extensive manufactories which
have been established, and among the farmers of
the United States. I will not believe that any
American sailors have left their country, except
some worttiiess, drunken men. I well know whence
this iilea b«s ariaen. To avoid the complaints of
Great Britain, the navy, prior to the cnibargo,
had discharged all British deserters ; they also
discharged all British seamen found on board
their ships of war — those, together wiih foreign
seamen employed in the merchant service, have
been collected by the British Consuls, (who have
found that their numbers did not equal their ex-
pectation;,) and by them have beeo sent out of
the country. That they may never return must
be the sincere wish of every lover of hia country !
We should thereby silence the complaint of Great
Britaio, to wit: that we employ their subjects,
and take fiom thai Qovernmeni the pretext of
impressing American seamen under the presump-
tion thai they are their own. The vacancy made
by their thus abandoning our country will very
soon be filled up by onr own citizens — of whom
sufficient for all the purposes of navigation will
10011 be found.

Qentlemen whose feelings are now so tender
with respect to American seamen showed little
of this when their fellow-citizens were seized, put
on board British ships of war, and compelled to
fight their battles sg.iinsl uationa with whom
theirs was at peace. Nay, sir, we find some ol
them offering apologies in behalf of the British
Government for this violence offered to the liber,
lies ofourfellow-cilizensand toour independeDcc
as a nation. 1 have in my hand a public letter
and, therefore, I may use Jt, where the writer, a
Senator from Massncbu setts, (Mr. Pickehiho,)
aays " 1 will close this long letter by alaling all
' the existing pretences, for there are no caust "
' a war with Great Britain," A^. A«.
" 1. The Brilisfa ships of war, agreeably to a

rigbt claimed and exercised for ages — a right
claimed and exercised during the whole of the
Administrations of Washington, of Adamn. and
of Jefferson — continue to take some of ihe British
seamen found on board our merchant vessels, and
with them a small number of ours, from the im-
possibility of always distinguishing Enelishmea
from citizens of the United Stales. On this point,
our Government well know that Great Britain
isperfectly witling to adopt any arrangement that
can be devised, which will secure to her service
the seamen who are her own subjects, and at the

feel for American seamen, who can aay and
write, deliberately, that the impressment of five
thousand Americans by Great Britain is no real
use, but a pretext only 1 Will any man believe
at a person making use of such expressions can
Lve any feelines whatever for the sufferings of
ir seamen? 1 wish Mr. President, we had be-
fore us the able discussion held by the same gen-
tleman, (Mr. P.CKEHTNO,) on the subject of im-
pressment of American seamen, with Mr. Llston.
In that we should see our rights maintained by a
strength or argument drawn from our just com-
plaints. He did not then call our remonstrances
on that subject pretexts. No, sir, he thought as
every American will think, that they were grter-
ons, intolerable, and such as no free andliigh-
spirited people ought to submit to. In what esti-
mation are we to hold the future opinions of a
gentleman; who, in 1806, did by a solemn vote in
Senate approbate ihe following resolution in
Senate, which advised the President to send a
special mission, "to demand a reparation of
wrongs, and parlicularly as it related to ihe im-
pressment of American seamen," when we see a
public letter in 1808, from the same gentleman,
calling the complaints on ihatsubject — pretences,

•• Ruoked, That the Piesfdent af the United Statea
be requested to demand the resloralian of tbo pro-
perty of their citi2cnB, captured snd coodemneJ on the
preteit of its being emplajed in k trade with the «n»-
imea of Great Britain, prohibited in time of peace ) and
the indemnification of such American ciliiena, for their
tasaes and damagea austsined by thoas captures and
condeoinatLuna ; and to ent«r into auch arrangements
with the British GDTernment,an this and all other differ-
ences aubaining between the Ino nationa, (and particu-
larly respecting the impmsimant of American seamen,)
as may be consistent with the honor and interests
of the United Statea, and manifest their earnest de-
ain to obtain for thcmaelves and their cicizena, by ami-
cable negotiation, that Justice to nhich they are end-
Ued."

Let us cast our eyes back to the session of
1805-6, and we shall recollect the memorials pre-
sented from the merchants of all the great sea-
ports, praying Congress lo adopt measures for the
oblainmg redress of the wrongs sustained by them
from depredations commilted on their property
by the British, under the pretext "that they were
carrying on a trade not permitted in limes of
peace," although it was acknowledged, that our

.yGoogIc

166

HISIOET OP CONOEESS.

Sbhite.

N<

e was carried on conrormabl; to a eon-
reoiioQ solemnly inaJe between Lord Hawked-
bury and Mr. Kiag. Tlie memorial from Boslun
adnsed aapecial mission; that from New Haven,
CaaQeciicui, pledged tbeir lives and fortuaes in
(U|ipori of such raeasurea as Qorerament might
adopt to obtain redress and reparalion for past
losses. The Senate, alive to ibuse remonsiraoees,
advised ibe Presidium to demand reparation for the
past, and security Tor the fuiure. The President,
la obedience to this adrice and io re»peci to ihe
memoriBlistB, did send a special mission ; a treaty
was made. It was sent back by the Presiilent.
Wbyl It redressed not our wrongs. It requested
us to tax our exports, so as to put them on a fool-
ing with tbii Briiish, as to their war charges la
■imilat articles, li made no provision for that
grievance to which the Senate had particularly
directed the atteatioa of the President, to wil. the
impressnieal of our seamen, and before it wat

gtasible that the President could receive it, the
ritish issued a new order for plunder, (o wit, to
seize all our vessels, without any previous notice,
found trading from one port of their enemies to
every other port of her or her allies, by which
order fifty or sixty Auiericao vessels were seized.
together with cargoes to the amount of near two
■Djllioos — this was followed up by other orders,
uatil our coiam«rce is entirely cut off from all its
a«ual course, as well by British as by French de-
crees. Goverotnent took a stand, I think an hoo-
orable stand, and now we find those same memo-
rialists, indeed I may say the getitlemen in Senate
who advocated the advice to the President, tell-
ing us, that truly they had no cause of complaint,
that a pittance of trade may yet be pursued, (the
orders ordecrees to the contrary notwithslandmg;)
and to pursue this miserable pittance they de-
mand that Qovernment should tread back their
steps, shall make this nation contemptible in the
eyes of all Europe, shall repeal the embargo laws
before tbey have taken any other step, or adopted
anr other meafu re. The honor of our country for-
bias it, atid that Senate which gave the advice,
will not meanly retract their owii act, or bend
the neck to any Power on earth. We know our
power, and fear not that of our enemies.

In 1806, the Senate passed the resolutionalready
quoted. In addition to the wrongs then complained
of, wron^ upon wron^ had been heaped upon us,
prior to the dale of the public letter already men-
tioned. Who could have betieveJ that thegentle-
manfrom Massachusetts, (Mr. PieEERiNa,)at such
a momeni, after having recorded bis vote on our
Joarnal. against the claim set up by GrcAt Britain,
would have written and published the following
justification in support thereof:

" The merchant veuels of France, Spain, and Hol-
land, being driven from the ocesjir or destroyed, the
commerce of those countries with one another, and
with their colonies, could no longer be caiiied on by
themselves. Here tho vessels of noutral nations came
into their ud, and ciriied on nearly the whole com-
merce of thoie nations. With their seamen thos lib-
ersted from the merchant service, those nations, in the
prasent and preceding wars, were enablad toman their

ships of war ; and the nautra! vessels and seamen lU
plied their places, became in fact, though not in nin
luiiliariea in war. The commerce of those natioi
without one armed ship on the aca appropriated fot
protection, was intended thus to bo secured under at
tral flags ; while the merrhant vessels of Great Bcita:
with its aumeraus armed ships to guard tbcm, were I

, exposed tooccsiional capture. Sucha coutk of things
Great Britain has resisted, not in tho present only, but |

' in former wars: at least as far back ai that of 1TSG.
And she has claimed and maintained a light to impost .
on this commerce some limits and restraints; because
it was a commerce which was denied by those nations I
to neutrals in Ume of peace ; because it wss « com-
merce of immense value to the snbjecta of her enemies :
andbeeauae ittilled the treasuriea with money to enabis i
them to carrf on theirwars with Qreat Britain. |

What did the people of Salem, of Boston and
of New Haven mean, when they pledged their
lives and fortunes in support of any measures
that Government might talte to obtain redress of i
the wrongs that this nation had endured? They
meant that there was cause, and that they were

Prepared to go to war. And yet the gentleman
'om Massachusetts (Mr. PtCKERiKO.) has writ-
ten gravelv, when other oppressions were added
to those ttien complained of, that iruly, ''there
were pretences, hut no real causes of cumplaint
against Great Britain."

Hoalility to eommeree — Yes, sir, I have seen n
charge of that kind against the party in power, in
newspapers, and in town-meeting speeches, i
believed it to be used fot party purposes. I did
not believe that any man ol respectable standing,
would hare asserted such a fact. The honorable
gentleman from Connecticut (Mr. Hilluouee)
bas now declared that he verily believes that
there is a serious intention to break down com-
merce, and to raise manufacturi^s upon its ruins.
And whet are his proofs? That he did at the
last session prophecy, that such would be the
course of conduct. In ancient days, Mr. Presi-
dent, there were prophets — there w^re false
prophets, who went through the land prophe-
sying falsely to deceive the people. And 1
trust, Mr. President, the prophecy of the honor-
able gentleman may be ranked with them. I
challenge the gentleman to produce oue act — one
solitary act — to prove his assertion. He cannot
produce one. He may report conversatious with
individual gentlemen, who might suppose that
commerce had been loo much favored; and
such opinions are entertained, not only by gen-
tlemen from the South, but also by gentlemen
from the interior of the North and Ihe East. Yet,
sir, 1 have never seen any of those gentlemen
predicate any act hostile to commerce thereon.
It may not be unpro&lable to take a tictv of (he
acts which I have considered as expressive of
sincere friendship toward commerce. The sta-
tute hooks are filled with laws establishing light-
houses alon^ the whole exteiM of our coasts, and
a chain of lights are now to be seen extending
from St. Croix to St. Mary's. No new duty
charged therefor, has ever been proposed by any
member to be imposed on the tonnage of the
United States. The duty on tonnage has te-

.yGooglc

HISTORY OP CONGRESS.

NOVEMBEH, 1808.

Sbhatb,

maiaed the same from the first lawpas^ied thereoD.
It is Bmall and not fell. The coasliag l{ad« of
the United Stales ia couDlenanced in a peculiar
inaDDPr. Il is coofined to our own vrasels aod
free of charge. Earl)' after the adoptioa of our
ConsiitutioD, CoDgress passed a lavr, levying a
beavf duty oa foreign tonoage, for ihe proino-
tioD of our OWD ; and charging, oQ alljgoods
imporled ia foreigD vessels, s duly of ten per
cent. OQ Ihe dury imposed on similar goods
when imporied in American ships. This lyitem
secured ibe carriage of all goods imporied into
the United States, to our own vessels, and tended
greatly to the immense tonnage now possessed
by the merchants of the Union. This adraniage
was aecesury to promote our navigation, when
in iu infancy, but, being now in it« manhood, 1
should have no objection to admit foreign ships
on the same fooling with our own, Co such for-
eign nations as would admit us on terms of re-
ciprociiy into [heir ports; for, on equal terms, 1
havi! DO fear of the enterprise of any nation be-
ing superior to out own. A system was adopted,
sod has been continued, highly just in Jiself ana
proper, which conduced to the immense neutral
trade carried on by the merchanis of the United
Stales. I mean Ibe system of granting drawbacks
on re-exportation of foreign goods — by which
system tbe nation has b<fen greatly enriched, and
liierebv aided in the payment of the national debt;
but wmcb agricultural men may permit them-
selves innocently to believe, has contributed [o
conduct ibe United States to the present crisis.
We, the taerchanii, ought, therefore, to he cau-
tious how we charge agricultural men with hos-
tility to commerce. Had Congress been justly
chargeable therewith, they had a fair opporiuoiiy
of showing it in 1806, when your tables groaned
with memorials from the seaport lowos. Thry
mi^ht then hare said, What have the agricultu-
ralists to do with your neutral commerce? We
will protect the commerce carried on in naiive
exports, but will nut entangle the nation with
those of foreign origin. Did they do so? No, sir;
thev, a* well from ihe South as from ibe North, did
declare iheir willingness to support and protect
allthefaircommerceofthaUoioD. They treated
the memorials with respect, and this House acted
ihereoa.

Of thirty Senators present, onlr seven mem-
bers TOled against ihe resolution Ol advice to the
President. Three of those were from the E.tai, two
from the Souib, and two from the Wesi. Those
gentlemen feared that we should be implicated in
war for that trade which the supporters thereof
now wish us in a great measure lo relinquish. For
were the embargo off, it could no longer be pur-
sued to any port of Europe.

But. My gentlemen, protecting duties have
been laid on foreign goods to benefit the man-
ufactures of the Union. I sincerely wish there
had been, but know of none, except on shoes and
on ship-building; this latter I presume commer-
cial men will not complain of. Tbe duties there-
fore kid were to obtain revenue, not to protect
mannfae tares. Nor did I eret until now hear any

gentleman from Connecticut complain or oppose
any aid coniemplated for our manufactures. The
complaint is norel to me. for 1 should suppose if
any Slate in the Union is in a siiuation to benefit
by manufactures, Connecticul, from her popula-
tion being full, will be that Slate. Some smal^
I duties have been laid to protect our agriculture,
I such as on hemp, indigo, and sugars, and a pro-
! leeting duty laid ou fish imporied from foreign
I countries, to secure the consumption of our, own
country to the labor of its own fishermen, to
which little opposition was made by agricultural
men. In trulb, Mr. President, there has been no
act of hostility shown by Congress to the com-
mercial interest, and much, very much of real
friendship has been apparent la all the acts of
that body.

I have in my hand, Mr. President, a report of
a committee made to Parliament in June last.
The object of which was to point out whal aid
could be afforded to iheir sufiar planters of the
West Indies. Jn this report it is recommended
"vigorously to blockade tne colonies of their ene-
mies," lo prevent any sugar, coSee, or other colo-
nial produce being brought to the United Slates
from thence, to compel us to go to their islands
for Ihe supply of all our wants of sugar, coffee,
rum, and molasses, and be subject there to what-
ever high price they may charge thereon, and to
whatever duty on the exporiaiion* thereof thev
may think proper lo impose. Thissystem, whicb
will be to us a system of taxation, has already
commenced, as may be seen by the blockade late-
ly declared of all the French islands. It will be
continued, sir, and, if the embargo were ofil we
should find ourselves completely excluded from
the henefilswbich geoilemen have promised tbem-
aelves by a trade thereto. Retract our pfesent
measures, Mr. President, and we submit to every
species of laiaiion and oppression on our com-
merce that Great Britain or France may think
proper to impose thereon. They will think yon
a degraded people, fit only to be newers of wood
and drawers of water for them. Nor is this vis-
iaaary ; sis years ago tbe British Parliament tax-
ed you in company with their own colonies, (for
they still consider you as colonies,) with a duty
on all goods exported from Qreal Britain, of Tour

Eer cent., when to all other nations they charge
ul one-and-a-half pet cent. Thus imposing on
tbe United Stales an annual tribute of one mil-
lion of dollars. We submitted to that imposition,
and this has encouraged them lo proceed with
olberand heavier oppressions.

The gentleman from Connecticut (Mr. Hill-
aonsE) has observed, that, were the embargo off,
merchanis would buy the produce of the land, the
farmer would be relieved, and the loss arising
from capture by the belligerents would fall upon
the merchants. Why should we take care of
them, said be, let the merchants take care of
themselves. Is this the language used when tbe
memorials were presented ? Did we then tell tbe
merchants to protect themselves? And is Ibis
the tender friendship tbe gentleman from Coo-
neciicul means to show to the commerce of ibe

.yGoogIc

HISTORT OF CONGRESS.

NOTEUBEB, 1808.

Union 1 Had sifch language come from a South-
era genlleman, (he honorable gentleman from
Counecticut wouhl have good right to cnlUi hos-
liiily to commerce. The same geDlletnnD has
tolJ usj ihai, although France had interdicted our
•commerce with England, before the pasiing of
the embargo law, yet iasurance did not rise five
per ceot. oti that accoum. The gentleman is cor-
Tect — it did Dot rise at all, for no merchant appre-
hended any danger from French capture under
the Berlin Decree; for the explanaiioa given to
General Armstrong by the French Minister of
Marine gave full security against Rvery capture
on the high seas by the cruisers of France; fur
not one vessel was taken under that decree on
the high seas ; of course insurance never rose on
that account in America, nor in England, as ap-
pears by the examination of merchants before
Parliament, except fur a short lime. Themotnent
the explanation given to Oeneral Armstrong came
to Loodoa the insurance fell to its usual rates, and
this will account why insurance did not rise in
America prior to the passage of the embargo law.
But, sir, it would be very different were the trade
opeD and our vessels subject to capture under the
Milan Decree. Privateers of France, knowing
that our trade was unprotected, would swarm
upon the ocean, and capture all that would be left
from the depredations of Great Britain.

Should tliC resolution to repeal the embargo
prevail, 1 have very little hesitation in saying,
that the premium of insurance on vessels bound
to Eagland would, in a short lime, rise to twenty
orlwenty-five percent, against capture by Ffenck
cruisers; and thai no premium would induce the
offices to undeiwrite veiuels bound to the Coati-
nenl of Europe against British cruisers.

We are told by the gentleman from Ma.ssachu-
settB, (Mr, Llovo,) that one of the belligerents
makes war upon ttie world for universal ilonio-
ion, and the other for her natale Molum. For my
pari, Mr. President, I cannot conceive why the
United States should take part with either. Our
policy has been " entanglements with no foreign
naiiOD." I hope, sir, we shall never turn Don
Quixotes in support of one nation whose object is
uoiversal dominion on the land, nor in favor of
the other, whose object (more injurious to ax) is
tyranny and universal dominioD on the seas. The
*ame gentleman has told us of immense fortunes
being made in Canada, by the advantages deriv-
ing to the merchants there, from our embargo. 1
believe there have been evasions in the articles of
pot and pearl ashes, which went to Canada, but I
cannot think it could amount to the quantity in-
■inuated. The principal trade to that colony hae
been the export of specie, where bills of exchange
00 London have been purchased at five per cent,
below par, and sold at Boston and New York at
■even and a half per cent, above par. The proGis
resulting therefrom has been to the merchants of
those cities. The injury to the nation has b^en
the export of its specie. Measures, no doubl, will
be taken to prevent such injury.

Tbe^enlleman has said ihnl, if the embargo
were on aud we were brought into a war by her

uct. thai Great Britain would sorely repent
it, for that the loss of Caoada and perhaps of No-
va Scotia would be the consequence. The same
gentleman has told us that Great Britain will be
able to iibiain timber and lumber of all kinds^af-
ficient for her wants from Norway and Sweiltn.
Heis mistaken ; for Norway belongs to the Dane,
from whose King the British plundered at Ca-
penhagen sufficient for iheir navy for some time,
and Sweden cannot suppiv Great Britain wiib
slaves and other articles of lumber. I agree wiik
the gentleman that our ships are our farms ; thil
our Government is as much bound to protect iheia
as they are to protect terra firma ; and, sir, ii wis
for their protection, and not for the proteclioa of
the land, that the embargo waslaid^ and thatpD^
pose has mosIeSeciually been obtained.

Great Britain will also feet severely the want
of our commerce to her East India possessiooj;
nay, sir, it has already been fell there — our im-
ports from thence amount to about four millioni
annually, for which we make payment in Spaniiti
dollars; the goods we purchase are inferior U
those made for the India Company. The wast
of such vent for so large a quantity of goods will
be felt ; it has been, for the prices thereof fell
(weniy-five to thiriy-thrte and a third per ceai.
in Oaiculia. the instant ihey were informed of ilie
embargo. And, sir, the Government of India will
feel it as well,arising from the complaints of those
who manufacture, as in the want of the anniul
supply of four million dollars. Indeed, sir, I am
informed by a respectable gentleman just srrireJ
from Calcmta, that the Government of India,"^
English subjects residing there, were greatly dis-
tressed when they were informed that an embar-
go had been laid in the United Stutes—thpy con-
sider it as a measure peculiarly injurious to thil
Government.

It may not he improper, before I conclude, U
take a view of the dangers which would resulIU
our commerce in case the resolution should ob-
tain. All American vessels bound to Great Brit-
ain or any of her possessions in the East or Wot
Indies, or in Europe, would be subject to capture
by French cruisers under the decrees of Fran<;e.

All American vessels bound to Russia, Den-
mark. Hamburg. Bremen, Holland, France, Hal?;
the Turkish dominions, Austria, or any part ol
Spain or Portugal, in possession of French lroop»i
would he subject to capture hy British cruisers
under their Orders of Council, enforced by an act
of Parliament. lu this stale of insecurity anil
danger to our commerce, I cannot give my con-
sent to adopt the measure under consideration.

I will terminate by making use of an obseria-
tion of Mr. Canning, which I conceive equally
applicable to us in our present situation :

'■ Character is power. To lose our character i*
' to lose a material part of our power;" again:
"Not a doubt shall remain, to distant limWi «
' our determination and of our ability to have con-
' lioued resistance ; and that no step which could
'even mistakenly be construed into concession,
' should be taken on our part, while it can be*
' question, whether the plan devised for our «"

.yGoogIc

161

HISTORY OP CONGRESS.

162

NOTEMBEH, 1808.

S EH ATE.

nptelely f^il-
' «(), or been uneciuirocaily abaadoaed."

When Mr. Shitb bad coDcludeJ, the Seaale
aitjourned.

TnEsoiv, No f ember 29.
The Senate resumed the consideralioD of the

motlDii for the recoDsideratioa of ihe vole of Ibe
25lh inslaat, for reoeivini; and reading the instruc-
tions of the Legislature of the Slale of Ma^sachu-
seiis to their Senators on the subject oi the em-
hargo; and on molion, by Mr. Andehbon, the
motion for recoasiderniion was withdrawn, and
the instrDCiinns were reaJ.

Mr. Gii.ES gave notice that he should, to mor-
row, ask leave to bring in a bill appropriating a
turn of money to enable the President of the Uni-
ted States to call into serrice the seamen author-
ized by the act of the 5th of March, J807, not ex-
ceeding five hundred.

THE EMBARGO.

The Senate resumed the consideration of the .
motion made on ihe 11th instant, for repealing
ihc "Act laying an embargo on all ships and res- ,
salt in the ports and harbors of the United Stales,
and the several acts supplemeaiary thereto."

Mr. HiLLBOoac rose and addressed the Senate
ai follows:

Mr. President: When I offered the
for a removal of the embargo, and submitted my
remarks to the Senate, I was impressed with seri-
ous apprehensions for our country's welfare, on
accDUDt of the embarrassmcals so forcibly de-
scribed, aod which bare been painted in such
virid colors, by the gentleman from Virginia,
(Mr. Giles.) It was because I felt anxious that
we should extricate ourselves at soon as possible
fiom those embarrassments, that I came forward
rly ivith my resolution. I had been led

.0 beli

rly ivith my resolution. I had
Te, and still believe, that the way

ihec.

toe:

.r dif-

cate ourselves is, to expli
ficutlies, to examine into the truth of fact!
to bare a candid and impartial inquiry iut
policy and expediency of our nresent meas
ihai if, unfortunately, we should be found in an
error, we may retrace our steps, and not, by an
obstinate perseverance therein, tnrolve our coun-
try in ruin. Liiile did { expect that I should be
charged with having proposed a lame submission
to foreign aggression, or a disposition to abandon
our neutral rights, or surrender the independence
of mj country — much less, with haring forgotten
the spirit and policy ofTe. which carried us safely
through the Revolution, and achieved our inde-
pendence. I confined myself to general remarks,
and was not, perhaps, so particurar as I ought to
have been, to make myseir understood. I shall,
therefore, now take the liberty of slating what
was the spirit and policy of '76 ; and I shall be
able to show, from public documents and records,
Ibal, as long as that spirit and policy were pur-
■ned, ibey secured us in the enjoyment of our in-
dependence, and caused our maritime rights to be
respected. Unfortunately for our country, it was
a depoUltre from that policy that has brought us
loth Cos. Sd Sess.— 6

intu our present situation. It is not surprising
that many mistakes should be made recpeciing
the spirit and policy of '76 by those who must
have derived their information from tradition,
and not from their own personal observation. I
have noticed that many of those wbo say most
. on that subject, were either not born, or were in
their cradles, or hare siace migrated to the Uni-
ted States, to enjoy the frails and blessings of
that Revolution.

The patriots and statesmen wbo guided oar
public councils at the commencement of ih«
Revoluiion, believing our rights were invadei).
and our liberties endangered by the arbitrary ana
unwarrantable claims ot the British Parliament,
resorted first to respectful petitions and remoo-
strances to induce the British Government to
abandon their unjust claims, and adopt such
measures as would secure our rights and liber-
ties. But, when these means were found to be
ineOectual, they nobly dared to make their appeal
to arms, and to declare themselves a free nna in-
dependent nation. And, though we were with-
out a regular organized Governmeni, and had
neither Army nor Navy, they dared, in defence of
their just rights, to wage war with a powerful
nation. They did not tell us that we must aban-
don our right 10 navigate the ncean,,nr yield Dp
any other right because of surrounding dangers.
The maxims then were thai, righia which were
nut worth defending, were no rigbtsj that, to be
respected, we must convince otherr' that we would
not tamely submit to iniuh ; and tfiat, to preserve
peace, we must be prepared for war. This spirit
and policy carried us safely through the Revola-
tionnry war, esiablished our independence, and
secured our sovereignty, one esAeoiial attribute of
which, is the right to navigate the ocean. In
1783 we obtained an liooorable peace. In 1793,
war having commenced between France and
England, our maritime rights were invaded by
the latter, and oui vessels were captured and con-
demned under the memorable November ordera.
An attempt was then made to introduce the same
policy, to defend out rights and vindicate oitr
honor, which is now, and fur some time has been,
the flood tide of experiment. The famous res-
olutions proposing duties of discrimination be-
tween foreign nations, the entering into a eora*
1 warfare with England, and propoiitiona
non-intercourse law, and sequestration of
British debts, will be remembered. The Jouroal*
of that session of Congress contain a record of
them, and will show who were the friends and
Ivocates of that policy.

Forlunatelyforihe nation, we then bad a Chief
Magistrate who was actuated by the spirit, and
well knew, and was determined ip pursue, the pol-
icy of '76. He boldly came forward, and put an
end to all those projects by nominating an Envoy
Extraordinary to the Court of Great Britain, to
trate against the wroags,and demand sat-
isfaction fur the injuries we had sustained. That
was not sent out with a noa-importaiton

.. jtcrcourse act in his hand, which, the

President well knew, would have been understood

.yGoogIc

HISTORY OF CONGRESS.

164

N<

:, 1808.

and coDsidered by Gceat Brilaia in the nature of
a threat, or an attempt to cccrce, and would de-
feat the object of the mission. He was in reality
sent with the olive branch, on tbe principle of a
fair and honorable negolialion.

lo the meantime, knowing that a failure of the
negotiation roust result in war, or an abandon-
ment of our rights, every preparation lo racet
the event which it was in the power of the coun-
try to make, was made. Laws were passed for
fortifying our pons anil harbors; lo provide a
Nary ; to erect arseoab, and provide magazines ;
for raising artillerists and cosiaeers; for directing
a deiacbtnenl froni the militia; to prohibit the
exportation of arms and ammunition, and to en-
courage the importation of the same ; to build or
purchase vessels to be armed and equipped as
galleys, or otherwise ; and for making further and
EQOre effectual provision for the protection of ihc
fronliera of the United Slates. These reveral
acts were passed in the short space of about ten
weeks, and, not only found their way into the
■tatute book, but were promptly carried into eie- ■
culiou; and, being laws of a mere municipal
nature, providing for our internal security and
defence, they gave no umbrage to Great Britain.
Yet they spoke a language she well understood.
What was the consequence 1 Great Britain ad-
mitted our claim, rtvoked her orders, and made
satisfaction for the injury ; and a treaty was con-
cluded, under which our citizens have received
millions of dollars for the lo.'ses they sustained
by the capture and condemaatioD of our vessels.
And, siooe it went into operation, as the gentle-
man from Virginia candidly adiiills, the United
Slates have enjoyed unexampled prtjsperity.

France, still at war with England, had expect-
ed that the differences between England and the
United States would involve the two countries
in war. Dissatisfied, therefore, with the treaty,
France manifested an unfriendly disposition to-
wards our Government. In 1797, the spoliations
committed under the outrageous decrees of France
were such as could no longer he tolerated consist-
emly with our national honor and interest, and
the French Governraenl bad, moreover, refused

It was once more fortunate for the nation that
otir then Chief Magistrate, and the Councils of
our country, were still under the influence and
guidance of the spirit and policy of '76. Envoys
Extraordinary were st^nt to remonstrate against
the injuries we were suSering and to demand sat-
isfaction— not accompanied by noii-importati
laws, or any other acts or resolutions which coi
wound the pride of that niillon. At the sai
lime, Congreiis provided means of defence, so
that the nation might be prepared to avenge its
wronf;s, and vindicate its honor, in case of a
refusal on the psrt of France to do us justice.
Lows were passed, prohibiting ihc exportation of

importation thereof; to provide far the defence
of the ports and harbors of ihe United Sioles ; lo
authorize a detachment from ihe militia, and to
ptOTide a naval

again n

France did refuse to treat, and r^jecled on:

Ministers. What was the result? Not long, de-
tailed, diplomatic correspondences, further remon-
sirance.", and paper resolutions. A negoiiaiioa ut
a different nature commenced. We spok« 3. lan-
guage not to be misunderstood. We spoke from
ihe mouih of the cannon. Our treaties with bet
were aooulled ; all intercourse prohibileil ; out
merchant vessels authorized to arm, and defend
themselves against French privateers; aa atmi
was raised, and our Utile Navy equipped. maDoed.
and sent out lo protect our commerce and capiurr
the armed vessels of France. A war, not of of
fence, but defence, was commenced. Naval con-
flicts soon ensued, and a French frigate wa> takeo.
after a hard fought battle, bv an American frigait
commanded by tbe gallant Truilun. The Frenct
privateers and piratical boats which had antiojeil
our trade were swept from the ocean, our com.
merce resumed iis wonted activity, and our ve5-
avigated in safety every sea. Wh»i
e conduct of France? A declaration cf
Farfromit. Though she had beforetreai-
ed us with indignity, the manly attitude wc as-
sumed in defence of our rights and national hone;
commanded her respect, and she proposed tai
entered into a negotiation, which ended in a treity
that was ratified by hoth Governments, and was
finally promulgated by a proclamatioa of tbe
President of the United States, on the 21st of De-
cember, ISOl. At this period ihe American fla;
was respected in every sea, and ibe American
nameand character were honored by all naiioas.
Since that period, unfortunately for our coun-
try, a different policy has prevailed in the public
councils, founded, no doubt, on the idea that "a
just naiion is trusted on its word, while warsarr
only necessary to nations of an opposite charac-
ter." A policy calculated on to save thenecessiti
of ships of war, and exactly comporiin? wiU
some of the modern ideas of economy. Id pur-
suance of this policy, our Navy has been suffered
to decline, and some of our ships have, for years,
been moored, to rot, in the mud of the Eastern
Branch of ihe Potomac.

Many efforts have been made, but in vain, fot
removingour little fleet into the saltwater I o pre-
lect our commerce, at least on our coast, and to
secure us from being insulted within our own
jurisdiction, by the armed vessels of the belliger-
ents. We were told that if our ships went out.
and should meet wiih foreign vessels depredaliog
on our commerce, or insulting our GovernmeDL
they would fighi.and weshoufd have war. Thai
our ships would flght, on proper occasions, I faave
no doubt.

Though the discouragements which hare been
thrown in the way of our naval prosperity have
greatly tended lo depress the martial spirit, it still
; exists, and, if an opportunity presents, will be
; drawn forth into action. Believing ibis, I confi-
I denily rely on our being ultimately able to exiri-
I cate ourselves from the perplexing and distressing
I Eituatioo described by the gentleman from Vir-
ginia. That this opmion is correct, the eoDdoci
I of our naval force in the Mediterranean sea lui-

.yGooglc

165

HISTORY OF CONGEESS.

November, 1808.

Senate.

nislies ample proof. The war with Tripoli has
uffiirded ibe only aclive aod hooorable employ-
meat which our Navy has had aince the Treaty
with France; and in which, the gallant deeds of
our little band of heroes, deeds worthy of the
American aanie and character, have comonanded
the admiration and applause of surritunding na-
lioDs; and the recollectioQ thereof will be cher-
ished by the American people, when yonder mar-
ble monument, erected io dodoi of those heroes
who fell before Tripoli, shall be mouldered into

dust.

The question recurs, What is the cause of our
present embarrassments — what has brought us
into our present sad dilemma 7 For a sad one it
ia, if it be true (hat we are reduced to the alter-
native of a war with both belligerents, or the con-
tinuance of the present embargo system. Surely
they could not nave originated in party newspa-
per publications, or the eleciioneering squabbles
of the in* and tlie oulx. The effects of these are
greatly overrated. Though they produce much
excitement and noise here, they make but a small
impression on the other side of the water. The

Cublic documents on our table — those furnished
1st session uf Congress, and information in pos-
session of the Senate— show that OUr difficullies
arise from our having forsaken the spirit and de-
parted from the policy of '76, and m lieu thereof
adopted that retiring policy which recommends
theabandonmentofour right to navigate the ocean,
because our commerce is exposed to danger from
the illegal attacks and depredations of the belli-
gerent Powers. Thn spirit of '76 induced us to
face danger to secure ibat right, and would not
the same spirit prompt us to hazard someiiiiog in
ill defence?

It is a painful task to me to undertake to point
ont the impolicy and impropriety of our present
system of measures ^ but I see no other way of
avoiding those evils which the genlleicuin from
Virginia has so forcibly described, [to remove
which I would most cordially co-opetate, or lo
effect that anion in our public councils which he
so ardently desires, and which I most devoutly
wish for.) than by going into the inquiry, to dis-
cover where the error lies.

I will go DO further back than lo 1S06, the date
of the memorials of the merchants of New Haven,
and the great cities and towns on the seacoasi,
DOW introduced by the genllemao from Kentuc-
ky, (Mr. Pope.) They complained of aggressions
on their commerce by Great Britain, and prayed
that the protecting arm of Ooveromenl might be
eitended for their relief. The Boston memorial
suggested a special mission. They expected, no
doubt, that the Envoy would be sent, as hereto-
fore, 10 attempt a friendly negotiation of diffcr-
eoces ; not to hold out a non-importalion act for
an otive branch, or to be bound by instructions to
demand as an ullimalum that the American Hag
should protect all persons un board our merchant
vessels; which the British Oovernmect conitfldcd
could not be granted, because, they said, it would
tend lo unman their navy,^nd cripple that im-
portant means of defence against a powerful and

enraged foe. And as they disclaimed all right of
impressing American seamen, they supposed that
our claim, io its utmost extent, mfghl be consid-
ered a measure cnlcuUied to withdraw from their
service their own seamen, rather than to protect
real American seamen. This bad been tne sub*
ject of negotiation, as well under the former as
the present Administration, and the point had been
pressed as far as could heof any avail. The like
answer was given lu both Adminiatralioos — (he
principle cannot be admitted.

The KCuileman from Virginia has read a reso-
lution, declaring that there had been a violalioB
ot our neutral nshis, and an encroachment upoa
our national independence, by the capture and
condemnation of our vessels under the Orders of
the British Qovernmenl; which resolution passed
in February, 1S06, by the unanimous vote of the
Senate — a vote that does honor to that body, a*
it exhibits to the nation, and to the world, that
whatever may be the collision of party on subjects
of minor importance, whenever it is a question in
regard to the defence of our own rights, and ih«
interest of a foreigo Power, we are an undivided
people. Yet. notwithstanding this unanirooua
expression of the opinion of the Senate, and the
appointment of an Envoy, which took place at
this time, no measures of defence were adopted.
A noD-imporialion act was passed aod relied upon
for maintaining our claims. This was declared
in public debate ; and, being made known, could
not be concealed. It was wafted to Eugiand be-
fore our Envoy could reach her shores. So far
from being able lo use that act for the purpose of
enforcing our claims, to prevent its being an in-
superable bar to negotiation, our Ministers inform
the Secretary of Stale, in tneir letter of Septem-
ber II, 1806. that, in speaking to the British Miit-

r of that'aci, the)

■ After

loed it in these tern

ishort vindication of the act. in the course
' of which we did not omit to represent it in con-
' neiion with the special mission which grew ODt
' of it, Bs maoifesting the frienJIy sentiments and
' views of our Government towards (hat of His
' Majesty."

Although the mission failed of success, have wt
not reason to believe, from the documents laid
before Congress, that, if the instructions had been
as liberal, and the negotiation had been conducted
in the spirit and policy of 1776, ai was (hat of
1794, which doubtless was expected by those mer-
chants, it would have had a like favorable termi-
nation; an intimation having been previously
t;iven, by the British Minister, of a aispoaition
(which, in diplomatic proceedings, is laniamount
to a direct offer) to renew the former treaty-
uniler which we had enjoyed ten years' peace,
and (10 use the expression of the gentleman frorn
Virginia) unexampled prospi^ritf — lu remain ia
force two years after the termination of Ibe pres-
ent war, The overture was not accepted, from
an apprehension, perhaps, that our dexterity in
managing a negotiation, aided by such meaaures
as the present policy might dictate, would enable
us to obtain better terms. That the non-import-
ation set did not aid, bat tended to obstruct, «

.yGoogIc

167

HISTORY OF CONGRESS.

NOVEHBBR, 1

t. IS maniresl from the follow-

Ttleaily adji

ing note of Lord Holland and Lord Auckland,

DoTHma Stbiit, S^t. i, 1806.

OiRTLKMER : We h«»e received > copy (sent by yon
at our rcque(t) of Ihe act of Congreu (o prohibit, from
and after the fifteenth of November, the import into
the tenitories of the United HtBter of a very large de-
•diption of goodi, warei, and merchandiae, from any
port or place lilaated in Great Britain or Ireland.

On a full coniideralioD of that act, ve think it onr
daty to expreaa our earneat hope and expectation (hat
aonie neani may ba found to mipend Ibe execution of
a meoiare to oppoaite in iti temper and tendency to
the dtapoaition and vietri with which onr pending
negotiatian baa been eommenced and ie carrying on.

Tbe meaaure, unten auapended, will take eOect, if
not before our discutaiona can be cloacd, at least before
it ia potaibla that their reeult can he known in the Uni-
ted Slatea, and would obviuaaly lead to the neceaaity of
propoaing to Farliamcnt aimikr atepi on the part of
thia country, by which mutual irritation would be e
cited, and freah impedimenta created in theway of aui
a final adjuataent aa we truat i* mutaatty deaired.

We rely on you (or taking such immediate atepe
thia huaineaa aa may beat contribute lo a happy tern
nation of our treaty, and to a conlial and permane
friendahip between Hia Majea^'a aubjecia and the ci
una of the United Sutea.

We have the honor to bo your ftithfnl, bumble
•BTTanta, VASSAL HOLLAND,

AUCKLAND.

Our Ministers did Tecommead a suspeosioD of
the act, and it was accordingly suspended.

The effects usually produced by a policy which
sttempis to coerce, by threats addressed to an
iadependent Power, were ejeraplified in the cor-
respondence of our Mittister at the Court of Ma-
drid, appointed soon after t!ie commencement of
the present Admiaiilration. After prolracled dip-
lomatic discussions, in which our Minister litbored
to coavince the Spanish Ooveroment of the jus-
tice of our cloim,and Ihe propriety of their acced-
ing to it, and this appeal to their reason had proved
ineSectual, a last attempt was made, io a pomp-
ous. gasconadine note, in which (as well as I
rememher, from "having heard the correspondence
once read) our Minister informed the Oovern-
menl of Spain that the United States were a great.
powerful, and high-spirited nation, who woufd not
submit to injury or insult, and concluded by tell-
ing Ihe Spanish Minister that there were only
two modes of lettllng controversies between na-
tions—arbitration or war. The Spanish Minis-
ter returned for answer, that the King his roaster
hadcommanded tiimto inform the American Min-
iater he should not choose arbiiration.

Thus has the matter rested, and our claims are
•till unsatisfied.

When it was discovered that the United Stales
bad abandoned the spirit and policy of 1776, and
placed their dependence on acts of Congress,
paper resolutions, aud diplomatic remonstrances,
u their system of defence, what was the conse-
quence'? Repeated violations of our neutral rights,
and the capture aod condemoaiion of our vessels.

Long and elaborate reasonings ha7e been gone
into to establish our rights, and ioduce a change
in iheconduct of those Powers, and to cause them
lo respect our rights, but all to no purpose. Etils
have been accumulaiiug upon us lo that degree,
■hat we are now told, that, to save our indepen-
dence aod honor, and secure our rights, we must
agree to a continued embargo — " a permanent sus-
pension of commerce" — that is, to preserve out

understand ! If there bi
dom or policy in the measure, it is beyond my
comprehension. Had this been the spirit and pol-
icy of 1776, thonld we ever have achieved out
independence? should we now occupy these leal],
under Ibe Constitution of the United Slates 1 Out
rights are attacked on the ocean ; we ate called
upon to abandon them. If our shores should be
invaded, would not this retiring policy invite ai
to flee to the mountains'?

On my mind, there rests not the smallest doubt,
that if our public councils had been undeviatingly
guided hyihe spirit and policy of 1776, we should
neither have had war, nor been under the neces-
sity, in obedience to our own laws, of abandon-
ing the ocean, and submitting to the loss ofa com-
merce second only in importance to that of any
nation on the face of the globe : whereby we are
called upon to make a sacrifice of property greater
than the whole expense of all the armaments and
other defensive measures adopted under both the
former Administrations for the protection of our
ce and the vindication of our nalioaal
In point of real economy, then, we are
avast amount. And to wliat etteni these
iB'erings are to be carried, and
bow long to be continued, cannot- be foreseen.

Gentlemen who oppose Ihe repeal of the em-
bargo tell us that Orenl Britain has obtained llie
complete dominion of tbe sea ; that she is proud,
haughty, avaricious ; and that her object is to
obtain the commerce and carrying trade of the
world. After having secured the quiet possession
thereof, will she peaceably suffer us to become her
rival? Will she not tell us, you voluniarity aban-
doned, and shall not again assume, them i And
would it not be artended with more danger, ei-
pense, and difficulty, to regain them, than to aold
fast the possesaion 7

In vain should we address her from that retire
ment recommended by the gentleman from Vir-
ginia, as dignified; a retirement in which would
Be dissipated [he resources and wealth of the na-
tion. In vain, I say, should wa address her with
argumenia the most forcible to prove our right to
navigate the ocean. In vain should we a^ her
consent, though we were to employ the persuasive
eloquence of that gentleman, to permit us to re-
sumeoureitended and profitable commerce. We
should come forth from our dignified retirement
under great disadvantages to commence a new
conflict for our right to navigate the ocean. The
enemy with whom we shall have to contend may
have made peace with her rival, and we be left
alone to maintain the confiict.

Or perhaps we may have to contend with >d

.yGoogIc

HISTORY OF CONaRESS.

170

NOVBUBSB, IS08.,

Sbkats.

entrap all powerful oo the linil. and who may be-
come farmidable od the sea ; witli a Power tbat has
for a long time cast a wishful eye towards tbe
fair fields of America, and bas almost kepi up
coDtiousl claim to a large portion of ibe Uaited
Slatea, wbich was once wilbia her embrace, and
wbicb was wrested from her by the war of 1756.
Then may we expect lo see aoopted ilie Bocieut
Roman poiicy — llie turuiug out of the old pro-
prietors of ibe soil to make way for military ad-
Teniurers. Then might we expect the feudal
•ystem in all its aocieot ri^ot.

The seDtlemao from Virginia has told us (bat
his hrulher furmers must raise less produce, and
turn their surplus labor lo improve aad beautify
iheir farms. Is (here not some danger that eTca
this may serve as a lure to lempl ibe cupidity of
some foreign nation ; and if the same iimid, re-

Ty farms and improvements? Nor should we
DC secure, were we lo assume ihe savage garb and
manner of life. Mr. President, if b conflict should
be necessary lo maintain our right to navigate
the ocean, I wish it may happen while some of
the revolutionary patriots of '76 are still living,
who can reanimBie ibeir countrymen with their
spirit. Some of the present generaiion may ac-
quire tb&t spirit by inheritaoce; but none, I fear,
by education.

It has been iasinuated more than once, tbat the
opposition to the present system of measures (and
ta that system no one has been more opposed
than myself] proceeds from parly feelings and
disappoioted ambilion. That this is unfouaded,
will appear by a resort lo the journals of Congress,
oui statute books, and to well known public traas-
aciioDs. A-tibe commencement of the struggle
for our liberties and inilependence, from a ^11
coaviciian of the rectitude of the cause, I en-
gaged on the side of our country, wiih the ardor
natural to a youthful mind. Aad those who know
me best will not accuse me of having declined,
through the whole Revuluiioaary war, any ex-
posure or sacrilice which the call of my country
required. In 1794 I voted for all those efficient
measures of defence then adopted, and opposed
the paper resolution policy then brought forward,
the aaoie ^ubsiaDtially which for some years has
been pursued, and is now urged upon ua. In
1797-^ I voted for the naval and military prepar-
ations then made. Under the present Adniinin-
tralion, I have uniformly voted for ail such mea-
sures of defence as appeared to me to have effi-
cacy, or to comport with the spirit and policy of
'76; though the senlleman from Virginia would
seem to imagine I wja smarting under the unpop-
ularity of my former votea for armies and navies ;
measures which are supposed to have gone far in
effecting a change in the Admiaislnilioii. I am
happy, however, in the reflection, that if those
votes lost me my popularity aad political power,
they contributed to save my country's righli and
honor. 1 shali also be found uniformly to have
opposed a timid, humiliating policy, which must
ever end in war, or an abandonaient of out ua-

lion's rights and houor. A Senator of the Uni<
ted States is unworthy of (hat high and respon-
sible aiaiion, and 10 be inirui'ted with [he destmiea
of bis country, if, upon qaestions of great national
imporlance, involving our rights, honor, and inde-
pendence, his vole could be governed by his at-
tachment or dislike to a Chief Magistraie, or
others in power.

The gentleman from Kentucky, in referring to
me, haa used the expression ''the gentleman in
Opposition," meaning, I suppose, to have it un-
derstood, that I am an opposer of the present Ad-
minisiraiion. I do not admit that I am, or ever
have been the opposer or the favorile of any Ad-
ministration. 1 avow myself lo be the opposei

ily of such measures as in my judgment will

It promote the public good. [Mr. PoPE rose to
explain, and said he meant only to refer to the op-
losition of Mr. Hillbocbg to lheembargo.j Ur.
i.. declared himself satisfied.

The genilemaa from Keaiucky has also «n-
nouDced (he does not say ufficiallyj that ih« Prei-
idential electioneering races for ihe present season
ire over, and calls upon the several riders to dia-
mount Iheir hobbies ; not re&ecting that I am Dot
one of Ihe jockey club, nor had a card of invita-
tion to the race ground, without wbich none wera
admitted. Neither 1, nor any member from Con-
necticut, was invited to aitend the famous caucua
which was convened for the purpose of manufac-
turing ihe great officers of State. We were not
emulous of that honor, being content with th«
mode pointed out by the Consiitution of the Uni-
ted States, for choosing President and Vico Pre^
ideut.

To preserve our independence, and avoid tame
sabixiission^ we are gravely told by the genilenait
from Virgiuia, and aiao in a report pronounced
by Ihe gentleman from Maryland (Mr. Suits)
to be the moat luminous production ever submit-
ted to Congress, (the result probably of the com-
bined wisdom of the whole Ad ministration.) that
"there is no other akernalive but war wild both
nations, or a conliniiance of the present system."
The idea of going lo war. at the same time, with
the two great belligerent Powers, is as novel and
surprising to me, as the idea of a pAmanent em-
bargo for a measure of defence. Suppose the
warfare be on the land ; in what manner, let me
ask, would ihe ibree belligerents, each hostile to
the other, array Iheir forces for action, and con-
duct the battle ? Would it be in the form of &
triangle, each flring alternately, first on one ene-
my and then on the other? Or suppose thefleeta
of two of the belligerents, say French and Amer-
ican, meet on the ocean ; and after a bloody con*
flici, for 1 have no duubi both nations would fight
bravely, the American fleet, for I would alwaya
incline to our own side, cripples and capturea
thai of their enemy ; a British fleet then comea

to merit serious aiiention.

When iwo nations haveacommon enemy, ihef
are iaclioed to cultivate a friendly disposiiion to-
wards each other. If we were to declare w

.yGoogIc

mSTORT OF CONGRESS.

Senate.

NOYE!

agaiDBi England, France, no doubt, would refoke
her decree!, ffiTe an a friecdlf recepiioo ioio her

Kria, and afford us nil Ibe aid and protection in
r power bolh by sea and laod. Eogland would
do Ine like, if we were to declare war against
France. Sucb unquestionably would be the fact ;
and it is in Tain to shut our eyeiagainat the truth.
There was a stroog proof of this exhibited in the
conduct of England and France in 1794, and I7QB.
Is it not national anlipaibies, more than foreign
predilections, that produce criminalioa aod re-
crimioation of an English party, and a French

Krty, of English and French influeocel For the
Dor of my country I hope it is; for I should be
sorry to think so meanly of the American people
as to believe they would prefer the interest of any
foreign nation to that of their own. Should we
unfortaDaiely be brought to roake the experiment,
by being engaged in a just and necessary war, (and
none other! hope will ever be made by the Uni-
ted States,) I am confident we shall God a union
of sentiment and action. These are, however,
unnecessary speculations ; for I see no necessity
of declniing war against any natioD.

To permit our merchant vessels (o arm, under
proper restrictions, and to equip, man, and send
out our public ships, to defeod those maritime
rights which are clear and indisputable, is not war,
nor will it necessarily involve us in war. Every
nation on earth would respect us for defending
our essential rights. I do not agree with the gen-
tleman from Kentucky, that the commanders of
merchant vessels can commit the peace of the
nation, if the Government do not countenance and
uphold them in their wrong, but promptly disa-
vow the act. Vtrssels bouod up the Mediterranean
aea, and to the East Indies, have always been al-
lowed to arm ; and I have never heard that lUey
have, in a single instance, committed the peace of

says, that it has saved to our citizens one hundred
and fil\y millions of property, which would have
been captured and earned into France or Eng-
land; end lo our country fifty thousand seamen,
who, instead of being in captivity in a foreign
land, are placed in the bosom of iheir families.
This, if true, is an important consideration ; but
I doubt the fact. Not that I question the veracity
of tbc gentleman : were he lo declare a fact as of
bis own knowledge, I should have a must perfect
reliance on ii. But in this case the gentleman's
declaration being but an expression of opinion, not
supported by any one fact within his knowledge,
he must excuse me if I cannot yield my assent lo
it; mote especially as circumstances, some of
which are within my own knowledge, lead me to
a different opinion. It is a fact that most of our
Tessels whicn escaped the embargo, or have since
gone out under permits from the President of the
United Slates, have returned in safety, and made
good TOjages, from which the seamen "have re-
turned to the bosom of their famites," and with
something to administer to their wants and com-
fort; not, as in the other case, empty-handed

from our dismantled ships, to share the distresses

of their little households, and to heat their chil-
dren cry for bread. Many of our vessels which
were out when the embargo wan laid, have re-
mained out. avoiding the mhospiinble shores of
their own couotry, as they would a land infected
with pestilence. Those vessels have been navi-
gating the ocean under the Americsn Bag, with.
as much safety as before the embargo was laid,
and have constantly been employed in the carry-
ing trade to vast proSt.

Having, at the commencement of this debate,
submitted my observations on ihe supposed pos-ii-

lity of starving England or desiroymg her n
ufactures ; aod the gentleman from Massachu!

tts.

(Mr. Lloyd,) better informed on the subjec
commerce Iban myself, having exhibited the facts
lo the Senate in a manner that must carry coti-
vtction, 1 shall not trespass on the patience of the
Senate with any further remarks on that point.

Nor shall I add to what I have already said to
prove that one object of the embargo was to put
down commerce, for the nurpose of raising up
manufactures, than to adduce the authority on
which my opinion rests; which was not. as has
been insinuated by the gentleman from Maryland,
common-place observalioos, aod parly newspaper
publications, but the declarations of the President
of the United Slates, not in an ordinary corres-
poodence, but in an answer to an address from the
Legislature of New Hampshire, a New England
Stale, participating in common with the other
New England Stales in ihe benefits of commerce.
Speaking of the embargo, he says : "It gave un
' time to make a last appeal to the reason and re-
' putaiion of nalions. In the meanwhile I see
' with satisfaction that this measure of self-denial
' is approved and supported by the great body of
' our real citizens; that they meet with cheerful-
' ness the temporary privations it occasions ; arid
'arc preparing with spirit lo provide for them-
' selves those comforts and convenieocea of life.
' for which il would be unwise ever more to resort
' to distant countries." In another answer to an
address, this sentimentis expressed, thai the agri-
culturist and manufacturer shall be planted down
side by side, so as to receive, at our own doors,
those comforts end conveniences of life, which
we have been accuslomed to seek on the ocean.
No such effects could be produced by the embargo,
nor can il answer any such purpose, unless made
perpetual, or continued for a great length of time.

The gentleman from Virginia has thought pro-
per to go into a consideratioo of the commercial
advantages which he imagines are enjoyed by the
people inhabiting theNorlbern in comparison with
the Southern Slates, under the Constitution and
laws of the United States, and has indulged him*
self in remarks respecting a disposition in the peo-
ple of New England to iaturreclion, rvbellion,
and disunion; but these are topics on which I
shall say nothing as I do not think it expedient
to discuss them at this time.

The intimatiotu of the gentleman from Ken-
tucky and the gentleman from Georgia, (Mr.
Crawford,) about amputation and military coer-

.yGooglc

173

HISTORY OF CONGRESS.

NOTEMBEB, 1808.

The Embargo.

Senate.

don, I shall also pass by without further Dotice, tions against the authority of the laws of the United
ihanio assure those gentlemen, that in New Eng- States, for oppoeing the same, and obstructing thairei-
lini they will produce no inlimidatum, if they I ecution ; and that such combinationa arc too powerful
ihoiild excite any allention. j to be auppreaaed bj the ordinary courw of judicial pro-

!l was particQlarly unfortunate for the gentle- I ™e*l'ng". "i by the powera vcated in the Mardiala bj
man from Virginia, that he should feel'himself ; '*^= '^^f "' ""■ ''"■"'' "*'"
under the necessity of making remarks thi

nstraed into a denunciation of a
KriplioD of our feilow-citizens as demagogues,
■od as having attempted to eicite sedition and re-
bellion, because they doubt the expediency of ibe
embargo, and question the policy of some of the
measures of the present Administro
geotleman, I imagine, will hardly coi
doabi tfap policy and oppusi
AdiDinistration, shall be the

fordeciiling be found within thi
who are the demagogues of our country ; fnr combtastions. to bi
surely, if that is to be the rule of decisioa, th
conduct of that gentleman during the first Ad
minisiratioa under the Consliiutioa of the [Jni
led Stales, and the ability and perseverance wit!
which he maintained his oppoiiitiDn to it,

if the UniuU States ;
Now, Ihercforo, to the end that the authority of tha
laws may be maintained, and that tboae concerned, di-
rectly or indirectly, in any inaurreclion or combination
against the same, may be duly warned, I have iisued
thia my Proclamation, hereby commanding such inaur-
genla, and all concerned in such combinations, instantly
and without delay to diaperK and retire peaceably la
and I do hereby further require
s, having authority, civil or mil-
', and all other persona, civil or military, who ahall

iting, by all the

power, by fo

ce of a>

quell and subdue such ir
seize upon all those thcri
It, instantly and without da

etpective abodea ; and to deliver

^ire bim a pre-eminent claim to rank high on the ' ""f "'ll authority of the place, to be proceeded against

table

I know^manv of ibe ' " I" testimony whereof I have caused the seal of the

.1- ,.„ 1 United Stales, to be aRlxed to theae preacnta, and aigti-

ed the same with my hand. Given at tlie City of
Washington, the 19th day of April, 1808, and in the
sovereignty and independence of the United States
the thirty-second. '■ TH. JEFFERSON.

" By the Prcaldenl,

" JiJiKs MinisoN, Secretary of Stale,"
The Sentite will re:;ollect that the last sessioa
of Congress was closed on the 25th of April ; and,
although the Proclamalioa was dated the 19th of
that monlh, no iniiraaiion thereof, or of the stale
of the country to which it referred, was given 10
" •■•"■• t of the United States,

published in Vermont,

1 who made great
1. and risked their lives in our struggle
for liberty and independence, men who have ac-
quired a well-earned fame, which has never been
laruisbed. who doubt the policy of the embargo,
and decidedly disapprove the measure, as being
aliogetber ioefficieni as it regards foreign Powers,
and ruinous to out^ves.

The genileman from Virginia is peculiarly ua-
forluaaie also, in ascribing the failure of the em-
aargo, to produce the desired efl'eel on foreign na-
tions, to i^rty misrepresentations, and newspaper | Congress by the Prc^
electioneering publicalioos, describing the cm- 1 The PriKlamaiion '
bargo as an unpopular measure colculaled to e,x- ' April 30, and in the National Ii
c^te general discontent, and bring about a change , at thi . ,

of rulers, which, he saya, reached England he- Here was an official document, issuing from the
tweeik the 22d of June and the 29lh of July, and I same high authority that recommended the ernr
produced a sudden change in the conduct of ibc ' bargo, declaring to the nation, and io the world,
British Minister, and in his dispodilion to a friend- | that there existed so great uneasiness and discoa-
ly accommodation. I could hardly have eipecteJ, i tent on account of the embargo, as to induce the
even jn the heat of debate, such a declaration forming of unlawful combinations to resist its es-
from a ^ntleman so well acquninied with the ' ecution, too powerful to be suppressed by the or-
Brilishcnaracierand Government. The ministry ; dinary proces!' of law, and wiiich required the

mploym
These ci

rell how 10 appreciate party pub- '
licafions, and Ibe representations of the I'lw anil i
the ouU.

Those party misrepresentations, as the geatle-
man is pleased to call them, and those newspaiier | These circumstances present a melancholy v
electioneering publications, would have had but ' of our situation. An embargo recommended un-
liitle elTect in England, and still less weight with \ der the in&uencc of the great popularity of tha
the roiDisiry, if they had not had an official stamp | President, and professed to be laid for preserving
of (rtilh put upon them, by the Proclamation of : insafcty bur vessels,ourseamen,and merchandise,
the President of the United Slates. With the in- ' and saving the honor, and vindicating the rigbis
dulgence of the Senate, I will read the Pruclama- ' of our eountrv. had become so unpopular, before
(he close of the session of the Congress which
imposed it, thai in the President's opinion, it could
not be executed by the ordinary process of law,
dry perMini are combined or combining and confeder- and through the mild medium of courts of jus-
iting together, on Lake Champlain and the country tice ; so that it had already become necessary to
thereto adjacent, for the purpoee of formiag iiuuirec- call in the aid of an armed force.

.yGoogIc

176

mSTORT OF CONGRESS.

176

Sbnjltg.

NOTEHBER. 1808.

I could have hoped it would noi have been

fonnd necessary to employ the Americac navy id
cruise flgninst our own commerce; Rod lilile did
t expect that (he army I had so reccnily voted lo
wise, for the purpose, aa I supposed, of opposing
foreign aggression, would be required to poinl
their bayonets at the breasts of iheir fellow cil-
izeos,

Wlien Mr. Him-hocbe had coDcluded, the Sen-
ate adjourned. ^

WEDNEaDAT, Norember 30,
The Senate resumed, a a io Committee of ihe

Whole, the amendments reported by the select
comraitiee to the bill to reward Andrew Joseph
Villard, for an invention of public utility; and
the Preaident having reported the bill to the House
aroeoded, oa the question, Shall this bill be en-
grossed and read a third time? it was determined
in the affirmaliTe.

THE BMBABGO.

The Senate resumed the consideration of the
motion made on the llth instant, for repealing
the "Act laying an embargo on all !ihips and ves-
sels in the ports and harbors of the United Stales."
and the several act« supplementary iherelo.

Mr. PiCKERiNO rose and addressed the Senate
aa follows :

Mr. President: Thr ample discussion already giv-
en to the Tesolutioo on your table, leaves me noth-
ing lo detail on the effects produced by the embar-
Ito, in regard to France, to England, or ourselves.
On the two great belligerents, practical men,
who knew the ebaracters and resources uf those
nations, foresaw and pronounced that it would
make no impression. This we all now know lo
fce Ihe fact, while we ourselves severely feel its
pressure. Why, then, not ri;move it 1 Because,
as we are told, those two natium have violated
OUT neutral maritime rights; and, seeing that to
eompel their respect for these, we imposed ihc
embargo, and they treat ilie measure with con-
tempt, to remove it would be submission. So we
will endeavor to conceal our morliGcniiou, and,
because we cannot injure them, we will coniinue

while their decrees and orders remain uncancelled,
would, we are told, '' be abject and degrading stib-
■nission ; and, that we bare but this alternative,
"lo make war with both natiiins," or, "continue
and enforce the present suspension of commerce."

It bas been justly remarked by the gentleman
frooi Connecticut, (Mr. Hillrousg,) that to run
Bway and abandon our rights, is abject and
degrading.

To make war on both the belligerents is the
most strange. Quixotic idea that ever entered in-
to the head uf a statesman. I suppose, as wchave
a thousand ai^d a thousand limes declared, that
We have maintained an impartial neutrality to-
wards those nations; so. to verify our declara-
tions, we must now make war upon both impar-
tiaily !■ And, as their injuries are said to be equal,
(or, we will not inquire which has done us '^ the
most harm,") »o we must meaiure out to each an

equal quantity of resentment, and give lo each

an equal number of blows.

In respect to our violated rights, so far as Great
Britain is concerned, those presented by the Ad-
ministraiion in tlie front of our claims, are

1. Atf ezempiion from impressment of all tea-
men on board our merchant vessels.

2. A'free trade with the colonies of her enemies.

3. An exemption from capture of out vesfela
destined for any port of her enemies not iciually
blockaded.

1 am aware, sir, of the consequencesi of advao-
ciiig anything from which concluaioas may ba
drawn adverse to the opinions of our own Ad-
ministration, which, by many, arc conceived to be
indisputably just. Merely to stale these questioDa,
and to mention such arguments as the Britisb
Government may, jierhaps, have urged in their
support on her side, is sumcient (o subject a man
to the popular charge of being under British in-
fluence, or to the vulgar slander of beings ''Brit-
i^h tory." He will be fortunate to escape the ac-
cusation of touching British gold. Bui, air, none
of these things move me. The patronsof the mis-
creants who utter these slanders know better, but
are, nevertheless, willing to benefit by the impres-
MOD they may make on the minds of the people.
From an early period of my life 1 was zealouslf
engaged in every measure opposed to thenttcmpis
of Great Britain to encroach upon our rights,
until the coramcDcement of our Revolutionarf
war, and during its whole continuance^ I was un-
ptedly employed in important civil or mil-

itary deparimeols, contributing a

efforts I<

bring that war to a successful tt

I, sir, am not the advocate of wrong-doern, to
whatever country ihey belong, whether Emper-
ors, or Kings, or the Administrators of a Repub-
lic, Justice is my object, and Truth my guide ;
and, wherever she points the way I shall not feat

Great Briiain has done us many wrongs. When
we were Colonies, she attempted to deprive us of
some of our dearest birth-rights — rights derived
from our English ancestor!!, rights which we de-
fended, aud hnslly established, by the successful
conclusion if the Revuluiionary War. But these
wrongs, and all the wounds of war, were intended
to be obliterated and healed by the treaty of peace,
when all enmities should have ceased.

Great Britain wronged us in the captare and
condemnation of our vessels under her orders of
1793, and she has made reparation for these
wrongs, pursuant to a treaty, negotiated on prac-
tical principles by a statesman who, with liberal
views and real candor, sought adjustment and
reparation.

Alsubsequeril periods she hascommittedwfonga,
and if reparation had been demanded in the same
spirit of candor and firmness which were mani-
fested in 1794, that distinguished precedent au-
ihorizes the opinion, that like equitable adjust-
ment and reparation might have been obtained.
But after a four years' negotiation, in which vol-
umes of essays and tetters have been writleo, it
bas, like the seven years' negotiation with SpaiD,

.yGoogIc

mSTORT OP CONGRESS.

178

Not BMBBit, 1808.

Sekatb.

been brought (in the language of the President)
" to an issue of some son :" in&I is, every subject
of dispute remain) «* far, probably farther frnm
adjuslmeDt, than when the aegoliatioDs were
begun.

It is thisdisaMrou* iiaue which nowenteraiolo
our deliberationa. According lo tlip slatemenis
oflhe AdEnioistrslioD, weare brought into a silU'
•tioD from wbich we canooi advance without
war, nor retreat wiihotil diihonor. Their negoti-
ations with France have also termioaied in mor-
liRcation and defeat.

On the two qutilioiis of the impreument of
aeamen on board our merchant vessels, and a trade
with the enemies of Great Drilaio prohibtled in
time of peace, the gentleman from Maryland
(Mr. Smith) was pleased to read some parts of a
letter wrilleo by me lait Winter la the Governor
of Massncbuaetls, to be laid before the Legisla-
ture; and on Ibp latter (tieotral trade) he also
read the Joureal of the Senaie. which exhibited a
unanimous vote declaralory of uur right to ibni
trade; and then the names of the Senators (mine
being one) who voted lo request the President to
demand and insist on reparation for the injuries
done us in violaiion of that right, aad for this
purpose to enter into amicable arrangements with
the British Government.

On these two questions, I shoald add nothing
to the observations made yesterday by the gen-
tleman from Connecticut, hot for the apparent
intention of the gentleman from Maryland, lo ex-
hibit an inconsistency between my votes in the
Senate and the observation of my letter on the
same sabject.

It is sufficient for me to remark, that in the
pass^es recited by the genllcman from my letter,
my object was to show, by eihibiiing in a few
words, to the view of my immediate constituents,
and through them to the people of Masiaehuscii>.
some of the reasons which might have influenced
Great Britfiin not to relinquish her ancient usage
of impressing her own seamen } nor to consent
that neutrals should carry on (as we and other
neutrals were carrying on) the whole trade be-
tween the eoutilries of her enemies in Elurope
and their colonies ; to show, I say, that as much
was lobe said on both sideK, those rights, asclaimed
by ihe United Slates, were not to be considered
so clear and indisputable as to justify a war with
Great Britain; into which the proceedinzs of the
Executive, in a variety of ways, aecmed calcu-
lated lo plunge us.

Before I quit this oubject, I will make one more
observation. It appears to be generally supposed
that the rule respecting the colonial trade adopted
by Great H'ritain, and usually called (he Rule of
1753, which it seems she hat considered as '-the an-
cient and established prineipleof maritime law."*
was peculiar lo Great Britain: and Mr. Madi-
soa savs, ''it is well known that Great Britain is
the only nation that has acted upon or otherwise
given a sanction lo it."t He also mentions this

OB, to Mr.

rule as having been introduced, for the first lime,
inthewarori756; ashaviogbeen in operation only
a few years in that war; end net afterwards acted
upon until 1793. L«t us examine the subject.

In Valin's celebrated work on maiitime taw (a
book in the Secretary of Slate's office) is a rezu-
lalion of Louis the Fourleenlh, in 1704, from
which 1 will recite !>oroe passages.

The title ofthe regulation is remarkable: it is.
''Concerning Prizes made at Sea; to secure the
navigation of neulra) Slates and allies durinz
war;" implying that this regulation was intended
TO abate the rigor of maritime law before that
time practised towards neutral commerce.

After observing that propositions had been
made to him by ine Deputies of the Council of
Commerce, the French King expresses his appro-
bation of iheip, "Feeing he finds in them the
' means which he hasalwayssought of procuring
' equally the advantages ofthe subjects of neutral
'Princes and French cruisers." Headds: "The
' subject" of neutral Princes will thus find the care
' whichHisMajesty has taken lo preserve for them
' the same exiFnl and the same liberty of commerce
' which they have been accustomed to enjoy du-
' ring peace."

I will now read such of the articles of tht*
French regulation as relate to the question uodei
eiami nation.

"ArtieU I. His Majesty fbrbidi French privatecn
to stop, or bring into the ports of Ilia Kingdom, fcsaela
belonging to subjects of neutral Princes, going from
the porta of their dominion, and liden on account of
the ovmen or other aabjects of the said neutral Princes
with mcrchandim of the gronlh or m>nnlaeturs of
their own rountry, to carry the same directly into any
other States, whatsoever, cTsn those with which Hit
Majesty is at war ; pravided nevertheleai, that there be
not in the ssid vessels sny contraband goods. '

"Artick 3. They arc in like manner forbidden to
■top Tcssela belonging to Hubjects of neutral Princes,
going from the ports of any State whatsoever, even of
those with whisb His Majesty is at war, and laden on ac-
count of the ownara or other aubjecti of the said neu-
tial Princes, with merchandiss which they shall have
received in the saioe country or State whence they
shall have departed, to return directly into the porta of
the dominion of tboir sovereign.

"ArtitU 3. He also forbida Ihem to stop vesseli be-
longing to the Bulijecta of neutral Provinces, departing,
from the ports of one of the States neutral or allied to
Hia Majesty, to go into another State alike ncotral M
sDicd lo His Majesty ; provideil they ara not laden widi
merchandise of the grovrth or manuracturo of his ene-
mies ; in wbich esse (he merchandise shall be good
prize, and the vessels shall be released.

•'AriicU 4. In like manner His Majesty forbida pri-
vatoera to stop vessels belongiog to subjects of neutral
Princes departing from a State, allied lo Hia Majesty
or neutral, to go (o a State the enemy of His Majesty ;
prOTJdcd iLere be not on board said vessel any merchan-
diae contraband, nor of the growth or manufactur* of
the enemies of His Majesty ; in which cases, the mer-
chandise shall be good prize and the veasols ^all ba

jjGoogIc

179

HISTORY OF CONGRESS.

enBm; of Hii Usjeitj, and there hiTs taken their
lading, in whale or in part, to go to the Statea of any
other Prince than their own, whether allied to Hie Maj-
«ty, ncutnl, or enemy, may l>e stopped and brought
into HiB Kingdom, and ihall be declared good prize
with their liiding, even although laden on accoant of
the subjects of Hia Majesty, or of an alllod or neutral
Stale."

The regulation of Louis XIV. in 1704, (he be-
ing then nt war wlih England and Holland,) was
re-enacted by Lnuis XV. in 1744, (France being
■oaia at war with England,) with some excep-
tions iu regard to those neutral nations with whom
France had formfd ireaty-slipnjaiions incompat-
ible with that regulation.

In tbes-e five articles wc have, if I mistake not,
the whole Jooirine of the Brilisli rule of 175B.
The direct trade to and from neulrni ports and
the enemy's ports beiof; permitted, boE not the
trade to aod rrom tbe ports of one allied or neu-
tral State, with (he ports of another allied or
neutral SiHle, If (he lading of the neutral vessel
consists of mercliandise, (lie produc(ions of (he
eoemy'a country; much less to carry the same
from one port of the enemy (o another port of the
enemy.

The principle of the British rule, and of the
French regulation, appears to be to prevcnl
Irals coming in to aid (he enemy in ihecnmm
of one part of his dominions with any other part
thereof, or in procuring a market for the enemy's
productions in any other country than that of the
.1 actually trani-portiag the same, and for its

mptjo

It

Fren

ppears, n
h regulal

oreover, by Ibe

on, (hat therestr

preamble to the
clionion neutral

commerce, which we are now examining, instead
of commencing in 1756, were in exercise by the
English and Dutch antecedent to that regulaeion
and with greater rigor ; the French King profess-
ing to ameliorate the eondition of neutral com-
merce by that regulation.*

* But, Greet Britain has admitted that the vew
the United States might curry on an indirect trade from
the European dominions of her enemies to (heir colo-
nies, and from those colonies to theii parent countriei
in Europe i and in both cases, the troile has been con-
sidered indirect when carried on through the United
States— that is, when the cargoes laden on board Ameri-
can Teasels, in the porta of the enemies of Great Brit-
ain, have been first imported into the United States,
and carried thence in the same, or other American ves-
sels, to the enemy's countries or colonies respectively.
But the facta which should constitute an indirect trade
not having been definitively declared — on the contrary,
as they have been several times varied, either by the
orders of the British Government, or by the decisions
of her Courts of Admiralty — much VBiBlian ind injury
have thence accrued to ^o commerce of the United

jrgo. November, 1808.

On the subject of blockade, when vessels of

. ar were not so stationed before the port declared
to be blockaded as to constitute what is called an
actual blockade, undoubtedly abuses have (aken
place.

To form an actual btuckade of a port, ships
destined for that object must be " sufficiently near
produce an evident danger in entering." But
ese words by no means imply a cer(ain(y of
pture, by tbe blockading ships, of the vessel so
tempting to enter. What degree of risk from
blockading ships wijt amnunt In a lawful block-
ade, mav sometimes be a disputable question.
Would the chance of capturing three vessels out
of four, or seven out of eieht, exhibit such aa
"evident danger in entering," as would constitute
an actual blockade — that is, when to insure their
entering in safety would be worth a premium of
from seventy-five to ninety percent. 1 This must
remain a question of some difBc|ilty to adjus(.

On (hese poin(s, sir. and all others in dispute
with Great Briiain, my opinion remains unchang-
ed, that they are yet proper subjects of negotiation,
to be underlakeo in the real spirit of conciliatiaa
and adjustment. That the embargo will not in-
duce ber to yield to our demands we have ample
proof, not only in the answer of (he Brirish Qov-
ernmen( to our Minister in London, but in the
certain ability of that naiioa and her colonies to
supply ail their own wants. That ^he possesses
the means, I think, ha^been demonstrated by gen-
tlemen who have spoken before me. Wc have
heard much of the patriotism and patient en-
durance of our fellow-citizens under the distresses
of the embargo, and, cenllemen speak confidently,
that this patience will hold out until Great Brit-
ain shall be brought to our feet. At the same
time they calculate on (be distresses which (hey
fondly imagine the embargo will inflict on the
peopleof Great Briiain and her colonics, to excite
discontents and insurrections sufSciently alarming
to induce that Government to abandon usages aa
which she relies to maintain her maritime ascend-
ency, and, at this time, her independence as a na-
tion. But, why should it be supposed that (he
people of Great Britain will be less

But the treaty negotiated by the President's Minis-
ters, (Messrs. Monroe and Pinkney,) and signed by
litem, with tbe British Commissioners on tho Slat of
December, 1806, comprehended a definitive provision
on this head. Such trade, between the parent countries
and colonies of the enemies of Great Britain, wm to

be considered indirect, when the articles of the growth,
produce, or mannfacture of Europe, were first carried
to the United States, and, on re-exportation remained,
aJlor the drawback, subject to a duly of one per cent,
on their value. In tike manner, all articles of the
growth and produce of tbe enemy's eoloniea, being first
brooght to the United States, and there entered and
landed, and on re-exportation remaining subject to a
duty of two per cent, on their value, might he rc-ladcn
and lieely exported to nny country in Europe. The
duties, in both cosas, to be paid into the Treasury of
the United Sutes.

Thia arrangement was calculated to prevent any fur-
ther dispute between the United States and Great Brit-
ain, about the trade between the countries of her ene-
mies in Europe and their colonies. But the President
thought fit to reject this treaty, without laying it befora
the Senate.

.yGoogIc

HISTORY OF CONGRESS.

NoTBMBEH, leoa

Senate.

trol ; oors from tome cause or ettusea operaiiDg,
on our rulers, bul which ibe people can ueiLher
see Dor understand. Within four monibs afrt^r
the embargo was imposed, tbe President himseir.
by a proclamation, announced to us and to the
world the existence of one tDsurreclioa occasion-
ed b]r the embargo; and tbe provisions made in
the supplementary- acts (o compel obedience at
the point of the bay onel, show how apprehensiTe
the GoTernment were of diseonlenis and resisl-
tDce. These extraordinary provisioui for tbe
eiecnlioo of a specific measure demonstrate that
it was considered as opposed to the i;<rneral sense
of the people; «nd, in a free country, such aroeas-
nre caoDOt long be carried into execution. Tbe
foles of approbation of the embargo by public
bodies. Bod other assemblies of citizens, so osten-
tatiously displayed, while they manifest the force
of parly, are, to aay the least, but equifocal in-
dications of the fteneral sense of the people, or
evert of the indiriduals composing those assem-
blies. Those voles have always bad fewer hearts

Mr. President, the geDileman from Marylaod
mentioned the extreme danger to which our com-
merce would be exposed, while the French de-
crees and British orders remain unrepealed- It
hai been often said, and perhaps oflener insin-
uated, in newspapers and pamphlets, that if our
vessels were permitted to gu to sea, all would be
taken. What escaped the French, would be cap
lurcit by the English; and what escaped tbe lat-
ter, would fall a prey to the former. There is a
waDl of truth in all this. The same gentleman
quoted a statement made by an eminent merchant
of Massachusetis, [^r. Gray, of Salem.] that of
eight or ten ressels which sailed about the time
the embargo was laid, only one had reached tbe
place of her destination. I remember seeing a
statement of that sorij and I think, also, that I
saw a detection of its fallacy. If they had not
reached their destined ports, ii did not Joltow that
they were captured and condemned.

The same merchant has expressed his decided
opinion, "tbat, notwithstanding the French de-
' crees and British Orders in Council, if our era-
' bargo was off we should have more trade than
' would be enjoyed by us, if at! the world were at
' peace.and the respective nations should mooopo-
' iize as much of their own commerce as usual."
Another eminent merchant [Mr. Thorndike. of
BererlyJ expressed, at the same time, the same

But, without resting the question on opinions,
we may appeal to facts. I have sought inform-
ation of tbe risks which have attended our foreign
trade, within the present year, from ibe two prin-
cipal districts of Massachusetts.

By tbe statement in my hand, lately received,
and which is of unquestionable authority, I find,

have been written, on vessels engaged in foreign
voyages, since the first of January, 180B. Of

5 were undetermined.

1 vessel (tbe Neutrality) bound from Maneillei

Boston, captured and condemned at Gibraltar,
r violatinE tbe blockade declared by tbe British

ders in Council.

37 arrived safely. In all 43.

It is stated, that there were three policies on Ibe
Neutrality ; and tbat possibly there might be more
than one policy on one vessel among the 37 safe

At another ofiice io Boston, out of 75 risks, prin-
cipally to tbe West Indies,

3 vessels were captured by the French, of whieb
tbe British recaptured 2.

1 captured by tne British, supposed to be French
property.

16 — about this number are undeiermiued; and
the rest, about 55, have ended safely. Io all 75.

At another office in Boston, out of somewhat
more than 100 risks,

i vessels were captured by tbe British, of which
2 were condemned for breach of Orders in Coun-
cil ; 1 probably enemy's property, and 1 remained
under adjudication.

1 captured and condemned by the French ; and,

1 seized by them at Allcant, while they had
the power there.

25 risks were undetermined ; and tbe remainder
nded safely.

The premiums of insurance have been about
leven per cent, to and from the Weal Indies, for
tbe whole voyage.

7 per cent, from the West Indies, with cargo

9 to 10 per cent, from Europe, if not violating
rilish orders.

4 to 5 per cent, from Europe against French
iplure only.

By a statement received from Salem, on the
correctness of which 1 can rely, I find that in Ibe
district of Salem and Beverly, 22 vessels railed,
by the President's permission, between the 5lh of
April and the lOih of Augost. Of these vessels,
1 sailed to Sumaira, I to Senegal, and the rest to
different ports in the West Indies.' Of tbe whole

1 returned leaky, and remained at home.

12 relumed in safety; and,

9 remained undetermined; but it was not known
that any of them had been detained or condemn-
ed by any foreign Power.

In all 23,

The insurance on the Sumatra voyage, out and
home, was 11 percent,

Mariinicu, Havana, and Surinam — the voyage
out and home, !t to 10 per cfni.

Havana, "t and from. 5^ per cent.

The premium of insurance from Calcutta to
the United Si.ites, the last Summer and Autumn,
has been 9 per cent.

Thus, Mr, President, we see that (he risk on
our foreign trade has been very little increased
since the issuing the French Decree of Berlin,
and Ibe Briti'th Orders in Council.

Thei^nileman from Maryland (Mr. Shitb)
asks, What would have been tbe insurance on an
American vessel bound to France ? I am not in-
formed. Perhaps 75 to 90 per cent., ihoogh it ia

.yGoogle

HISTORY OF CONGRESS.

Sehatb.

NovcMBSR. 180S.

not probable that our merchinti woulil hazard
tlieiT vessels on such a voyage, or Ihal the under-
wriiers would insure them. Bui what does thi
prove? Why, ihat ib« riak, under ihe Britis
Orders, is $o great, iu attempliug to enter a port
in France, as perhaps to amount to an actual
blockade.

I now beg lea re, sir, to communicale the infor-
matioa I bare receoily recfiived from the taller of
the two mercbanis before referred to.* Having
r*quesEed of him the data on which hia opiaioo
before-mentioned was founded, he hat sent me an
answer, dated ihe 33d iaaiant, from which I will
read Ihe material paiti. He says:

" Reapecting the comparalive trade of profbnnd
peace, anil the preicnt moment, if the embugo should
be removed, and the decreee and Orders of Council re-
main, it is a subject about which it is difficult lo go
into liiBt detail which will show ssliiraetoiilj an eiact
neult ; becsuse, if you resort to Ibe exports of a jear
IB time of profound poacc, and compare Ihe aggregate
with a year in war, the prices being so different, the
difierencG in smonnt will not give the eiict data we
' want. And to take the quantity of each article of ex-
port will not be EstisfBCtor; ; because in different yevs
we export tnore of the same article lo the same mar-
ket, and in proportion to the quantity raisrd, or good-
ness or badness of the crop. But of the fact I have
■o doabt, Ihat our trade would be much greater and
uora productive, if the embargo were removed, than it
can be in time of peace; because when the colanial
trade of tbe European Powers is confined as usual, we
cannot carry any kind of provisions to the coloniee of
any of them, without being subject to a heavy duty,
nearly equal to a prohibition. And we are not allowed
W bring away anything but rum and molasses ; and of
course wo lose the whole of the colonial liade, so far
as respects importing any articles with a view of ex-

Krting them again; excepting only from the Isle of
BUce, and Bourbon, which has generally been free.
But we may be shut out Ibete. The trade to the col-
onies is now free for all eiporia and imports with
•mall duties. And if the largest and moat natural
European markets for tbe sale of colonial produce are
occluded, still we have open lo us. all that the British
have, and we can carry those articles to Sweden, Spain,
Portugal, coast of Garbary, Turkey, Sicily, Sardinia,
and Malta ; the three last of which are ports nt which
the articles sell high, and are bought for the purpose of
smuggling over to the Continent, where thej are serit
in great quantttiea."

The foJIowiug alatemeni ia then given, of the
amount of our eiporls from the 30ili of Septem-
ber, IBOO, to Sepieinber 30, 1807, (taken from tbe
reporl of tbe Secretary of the Treasury) lo coun-
tries and places other than those in Europe,
whicb are under the govertimeni or control, or in
alliance with the French Emperor; all which
are coniiidered as shut up by ihe British Orders
of Council;

« Domestic exports (or of articles of the growth, pro-
duce, or manu&clure of the United

SUtCB «3e,109,99l

Foreign goods exported - - - 84,140,495

60,260,488

, and which are
: noticed in Iha report of the Sacrola-
ry oflhe Treasury, and may be eslimaled
at least at 6,000,000

Whole amount - - - S6,SS0,466

" This amount may be exported without being sub-
ject lo Ihe British Orders of Council, and tbe extra pre-
miums against French captures would not exceed th*
following rates, vii:

" To Sweden, S per cent. ; Swedish and other West
Indies, and the Spanish Main, B do. ; Cape of Good
Hope, 4 do. ; England, Scotland, without the Channel,
say Liverpool, Greenock, Ireland, dee., &c., 4 do. ; and
within the Channel, 0 do. ; Guernsey, Jersey, dec, (>
do. ; Gibrsllar, 3 do. ; Spanish ports in tbe Bay of Bi*>
cay, 6 do. ; Spanish ports on the Atlantic, Sdo. ; Spaii-
ish|porls on the Mediterranean, S do. ; Madeira, the Ca-
naries, Fayal, and other Azoree, 3 do ; Portugal, 3 do.;
Cape de Verd, 3 do. ; Sicily, S da ; Malta, S do. ; Chi-
na, 4 do. ; Sumatra, 3 do. ; Spanish and Portugnean
America, 3 do. ; Calcutta and the coast of Coromon-
det and Malabar, 8 do. ; Africa, 4 do. ; Arabia, and
Red Sea, including Mocha and Muscat, 4 do. ; Manilla,
4 do. ; Northwest coast of America, 3 do ; HaU&x and
Newfoundland, 1 do.

"In time of profound peace.onr trade might be fairly
estimated thus:

Domestic exports ... - 94S,699,&9t
To which may be added specie to China

and India e/H)0,000

M,6»9,69S

Foreign exports, nothing.
"In time of peace these must be so very inconsider-
able as to be unimportant in this statement."

This iasuppotiog ihe same domestic articles aa
were exported in 1806, and allowing them to beat
the same prices: so ibat the comparison stands thus :
Our eiporls, if tbe embargo were removed,

would be $6a,350,84«

Free from any emborraesment from Ihe

British Orders in Council.
If peace were to take place and the Buro-
pean nations assume their trade as usu-
al ; and the prices of our domestic arti-
cles remain al the average prices in
1806, (which the; would not,) we should
export 54,efi9,69S

Leaving . - . - ii,6C0,894
leas export trade in time of peace than we might dow
eiijoy, and which amount is to be twice water borno,
once in importing it from the places of growth, and
again canning it to the consumere ; and of couree
would employ shipping appertaining to the carriago of
one freight, equal in amount to more than twenty-
three millions one hundred thousand dollars.

"As an evidence of Ihe correctness of this state-
ment, it will be seen by a rccurrenco to the statement
of Ihe Secretary of the Treasury, lor the year 1803,
that the exports had fallen, in that short peace, from
$93,030,613, lo $66,800,033.

"It is to be observed, that wo might now enjoj «
trade to South America and the Spanish Main, which
might be estimated at least at irom four to five millionB
of didlars, a considerable pari of which would be aigam
exported to Spain and Fortogal, and which has n«Ter

.yGoogIc

HISTORY OF CONGRESS.

186

NOVEMBEB, 1808.

Senatb.

made any part of Ibe Secrcticy'i report ; beesDje the
trade ta those eountriea has beeD prohibited anlJE latC'
ly. It maj alio be leraembered, Ihat the export trade
does not ihow the whole adTantage of the colonial
trade which we loisht not* enjoy ; becanse all ire im-
port for our awn coaiuniplion ought to be added."

[Here Mr. Llotd stated that, id bis opinioo,
Ifae value of the trade which might now be pros-
eemed from the United States, connidering the
present ci reams tancec ol the great nations of
Surope, nould be as eitensive as coald be carried
on afier a ^neral peace, and the adopiion, by
the European Powers, of tfipit tesErictire colouiat
■ys terns. J

On this clear and interesting view of the com'
merce whicb the United States might carry od,
were the embargo out of the way, no comments
are necessary. The obserratioDsof the writerof
the letter are eTidences of bis being master of
the subject.

Mr. President, the genlleman from Virginia
(Mr. OiLBsJ has been pleased lo atlribnte the
discontents, in New England, especially in Mas-
•achusetts, relative to the embargo, solely to the
arts of demagogue^ who wish to get into office.

The gentleman from Connecticot noticed this
reproach ; but as it appeared to be lerelled chiefly
at leading citizens in Massachusells, I feel it lo
be my duty further to remsrk, that of all (be citi-
zens of the United Stares, none stand more aloof
front, Done more detest the character of dema-
gogues, than those (o whom (he gentleman refer-
red. I know those men who reprobate ihe em-
bargo, and who, in conversation, and in newspa-
pers, express their sentiments about it, or patron-
ize those who do. They are not seeking for
offices — many of them could not be persuaded to
accept the best office in the President's gift— but
to save their cotiotry from the effects of meas-
ures, in their view, alike ruinous and disgraceful.
They are men, ^ir, whose age, whose experience,
whose knowledge, whose wi:idom, whose virtue,
place them in the first rank of citizens. They
. are men, sir, (en of whom, had they been in Sod-
om, would have saved that ciiy from destruciion.
Among them was the immortal Ames, than whom
& purer spirit never left lhe earth. He wrote
while he bad strength to hold a pen. He died on
the anniversary morning of the nation's birth-
day—and this was among his last prayers : " Oh,
aave mv country !"

Qentlemen have said much abont insnrredion
and rebellion ; and, in language not very concil-
iatory, pointed all their allusions to the people of
New England. Other rulers pronounced them
rebels, more than thirty years ago ; while many
then aoborn now wish to cover themselves with
iheir mantle, and. to share the hoQoisof the patri-
ots of 1776.

But, why should gentlemen be surprised that
great discouteata prevail in that country; and
thai the Legislatures, with a deliberation and so-
lemnity which ihouJd. command attention, have
pronounced their opinions of theembargol Gen-
^emen will recollect (hat there the Revolution
hegen, of which Boston was the cradle. And if

they will turn to the Declaration of Independence,
they will find one of the reasoasfor tbe Colo-
nies separating themselves from Great Britain,
and renouncing tbe Government of the King,
was, their enacting laws "for culling off our
trade with all parts of the world."

Mr. President, in a public document on our
' ' ' told, thai ''after a period of twen-

ty-fi

! yei

of peace, hardly interrupted by
hostilities, and of prosperity unparal-
' leled in the history of nations, tbe United Slatea
' are for the first time, since the treaty which ler-
' minated the Revolutionary war, placed in a sit-
' uation equally difficult, critical, and dangerous."

That our country has enjoyed sncb unexampled
prosperity, I readily agree r but ihe present is not
the first lime that these Slates have been placed
in a difficult, critical, and dangerous situation.

The gentleman from Connecticut yesterday
noticed the most difficult crisis. In 1793, it re-
quired all Ihe firmness and immense popularity
of President Wahhisoton, to stem the torrent of
popular delusion, that was hurrying the United
States into tbe vortex of the French RevolotioD.

lu 1794, the same steadiness, the same undevi-
ating pursuit of lhe public welfare, in spite ef
popular clamor and formal opposition, were ne*
cessary to institute a mission to Great Britain, to
negotiate and settle with that Government que*-
lions of the highest moment lo these States, and
which, if they remained much longer unsettled,
might endanger the peace of the nation. Thai
negotiation, committed to theconduct of a stales-
man, than whom our country has produced not
one more firm, more wise, or more upright, was,
by his candor, ability, and decision, brought to a
happy conclusion, in fewer months, than some
more modern negotiations have occupied yearn,
without being brought to any conclusion ; unleaa
their utter failure may be called a conclusion.

In 1795, the United States were agilaled 10
their centre, bv the oppoaiiion to the British
Treaty. Artful and aspiring demagogues seized
upon tbe known prejudices of tbe people in regard
to the two great contending nations ; and exert-
ing all iheirTacullies to keep up the popular delu-
sion, hoped that, by the loud and extended clamor,
the President would be deterred from ratifying
the treaty which Mr. Ja^ bad so happily conclu-
ded. Here again were displayed the fitmneas and
patriotism oiWabiiinoton. Always determined
to pursue the trne interests of the people, although
at the hazard of his popnlarity, he ratified the
treaty. Here it was presumed, all opposition
would cease. But it again appeared, and with a
more formidable aspect, in the National Legisla-
ture. But I will not dwell upon it. Tbe treaty
was finally carried into execution. It had, how-
ever, one more enemy to eocounter.

Revolutionary France, wishing to involve ua
in a war with Great Britain, which this treaty,
merely of amity and commerce, had prevented,
pretended that it was equivalent to a Treaty of
Alliance with Great Britain. And seizing on
this pretence, at once to vent her resentment, and
gratify the rapacity of her rulers with the plm-

.yGooglc

187

HISTORY OP CONGRESS

(l«t ofoarc:

s, she let loc

eherc

We urged the obliealiona of trralieii, riokted
by these cspiurea. She aiiEwered, thai nhe found
only a real disacivanlage in those obligationa '
■ad continued her depredations. Repeated mis-
■ionBof respectable Ministers lo Paris endeavured
10 prnpiiiale her rulers, and prevail on them to put
a stop to Bunh enormities. But ibey were deaf
to liie voice of justice. Tben it was that our
Qoveroment authorized an armed commerce, and
equipped a small but ^UhdI nnvy for its further
proteciiOD ) and made other delensive prepara-
lioDs, such as have been stated by the geulleman
from Connecticut.

If, sir, our country U now placed in a situation
more "difficult, critical and dangerous," than at
any of the periods lo which 1 have adverted,
though 1 am very far from adopting that opinion,
where shall we look for the cause? If in 1794,
when England had powerful associates in ber
war with France, and the latter had been, com-
naraiively, but line extended beyond her natural
limiii ; the United States, with perhaps two-thirds
of her present population, and less than half her
present revenue, were able to induce England to
accede to their just ileraands, and to close alt dif-
ferences by an advantageous treaty ; how has it
happened that the present Administration, with
all llie accession of power from an increased pop-
ulation, and a more than doubled rerenue; when,
too, gigantic France wielded the force and the
resource-s of continental Europe; and England,
•ingle-handed, was left to meet a world in arms ;
bow has it happened, that with these superior ad-
vautages and more powerful means, all the nego<
tisiioDs of the present Administration with Eng-
land, one excepted, of local rather than general
application, and which I need not explain, have
failed? Had they been conducted with equal
candor, ability, and dignity, mutt they nut have
produced as early, and at least as advantageous
reinlis 1 Was this a cause of their failure, that

Eoints of questionable right, because not settled
y the universally acknowledged law of nations,
and therefore of doubtful, or hopeless attainment,
were pertinaciously insisted on ?

Mr, President, to find a remedy for evils, as
well in the body politic as in the natural body, it
is necessary lo investigate their causes.

Nearly eight years have elapsed since we were
lold, by the highest authority in the nation, that
under the auspices of the Federal Government,
the United States were then " in the full tide of
■nccessful experiment." And the report on our
tables, lo which I have befoie alluded, declares.
in grave and solemn language, that during a pe-
riod of twenty-five years, which brings us down
to the embargo, the United States have enjoyed a
"prosperity unexampled in the history of nations."
Vet during the whole of this period of unequalled
prosperity, ari)iing from the active pursuits of
commerce and agriculture, each giving life and
vtgnrlo the other, Chat commerce has been exposed
lo the aggressions of the belligerent nations. For
those of Qreat Britain, up to near the close of'

1794, eompenaotiun was made, pursuant tu the
provisions of Mr. Jay's treaty. Fur the hbe ag-
gressions by Spain, the like indemnity was given
by virtue of the treaty with that Power^ concluded
in October 1795, For French spoliations during
the whole period of her r_pvoluiionary war, spo-
liations which have been estimated at not less
than millions of dollars, we have received noth-
ing? Nor have we obtained any reimbursement
from Spain for the spoliations committed by her
cruisers, after she became the ally of France.

Captures and condemnations, however, more
or less extended, have never ceased; noltvilh-
slanding all which, and the continued impresa-
ment of seamen from our inerchaat vessels, tb«
same unexampled prosperity has attended us;
until suddenly, and to the asionishmeni of the
nation, this fiowing tide of successful commerce
and agriculture was stopped by that fatal measure
the embargo. The shock was aggravated by the
concealment of its real cause. Sir, I hazard aolh-
ing in asserting, that lo thts day that cause haa
not been satisfactorily declared. Allow me time
to justify this assertion. I bring together facta
and circumstances, and then geniTemen will
judge whether my conclusion be erroneous or

On the 14th of December, 1807, the deapatchea
brought by the Revenge, from our Minister ia
Paris, were delivered to the Secretary of State.
On her arrival at New York, reports brought by
her stated, that the French Emperor had declared
that there'should be no neutrals. The sources of
information, and the character of the Emperor,
rendered those reports worthy of credit; ana
though afterwards publicly and stoutly denied,
they were believed ; and no gentleman here will
now be inclined to doubt the fact. These re-
ports, and the mystery which surrounded the
recommended embargo, naturally excited suspi-

Of the French papers supposed lo be brought
by the Revenge, none were communicated lo
Congress, save a letter daled September 24, 1807 .
from General Armstrong to M. Ohampagny, ana
his answer of the Tih of October, refatire to
the Berlin decree; and a letter from Regnier, Min-
ister of Justice, to Champagny, giving the Em-
peror's interpretation of that decree. These three
papers, with a newspaper copj^ of a Proclamation
of the King of Great Britain Issued in the same
October, were all tbe papers communicated br
the President to Congress, as the grounds on whicb
he recommended the embargo. These papers, be
said, "showed the great and increasing dan gera
' with which our vessels, our seamen, and mer-
' chandise were threatened on the high seas and
' elsewhere, from the belligerent Powers of Ba-

As to the Proclamation of the King of Great
Britain, requiring the return of his suhjects, and
particularly the seamen from foreign countries, it
was no more than every government has a right
to issue, and commonly does issue, in lime of war.
This Proclamation cooiained no evidence of in
creasing danger lo " our seamen ;*' on the cod

.yGoogIc

189

HISTORY OP CONGRESS.

NOTEHBER, 1808.

trary, if I mistake doi, (fur 1 hare not (he Pro-
clamalion by me,) ihere was a solemn, public in-
juuciion (o bis naral officers to conduct im|ire»s-
roenis wiib increased caulion and care. So 'that
impresari) en ts would probably ralber be dimin-
ished tbao increased.

Let us now examine the three other papers, all
of which, as I bare noticed, and as eentlemen re-
member, related to the decree of November 21,
1806. This decree was issued at Berlia, by the
French Emperor, at the moment when, inflated
with more than ordinary arrogance and pride, he
was silling in thai capital of the Prussian mon-
Bicby, just then subTerted by his arms.

The Qrsi articles declared all the British bles
in a slate of blockade. This, accoiding to its
terras, subjected to capture and condemnation all
neutral vessels hound to and from British ports;
but it seems to have been held in a stale of sus-
pense. But another article, declaring ''all mea-
' chandise belonging to England, or coming from
' itsmanufaclorieEand colonies, (although belong-
' ing to neutrals,) to be lawful prize," was to be
carried into execution. Such was the decisiuo of
tbe Emperor as stated by his Minister of Justic
on the 16th of September, 1807^ in his letter t
Champagny. This decision commg to the know]
edge of Qeneral Armstrong, he, on the 24ib of
September, wrote to Mr. Champagny, and asked
"whether it was the Emperor's ioieniion to in-
fract tbe obligation' of the treaty Kub!itsting be-
tween the United States aod the French Empire."
Mr. Cbampagay, in bis answer of the 7lh of Oc-
tober, jnclosJDg llie letter of the Minister of Jus-
tice, wiib "wonderful assurance, tellsOeneral Arm-
strong thai it was easy to reeoocile the execution
of the dec reewilh the obserraQce of treaties; al-
though nothing was more obvious, (as Mr. Madi-
aoN, on the 8tn of February last, wrote to Gen-
eral Armslrong.) than that it violated as well the
positive stipulations of our treaty with France,
as tbe incontestable principles of public law.

in the European ports, under the Emperor's
control, and even io neutral ports, the decree was
rigorously executed. And, although it is said
there was no formal decision in the French Coun-
cil of Prizes, condemning American properly,
under the decree, until tbe I6th day of Octobei
1807; yet. Mr. Madison siaiet, as early as jth
23d of May, 1807, (in h'u letter of that date to
General Armstrong,) that "there were proofs
that tbe French West India privateers had, under
color of the edict, (the Berlin decree.) committed
depredations" on our commerce. And, i
that Spain "avowedly pursuing the example and
the views of the French Emperor," had issued a
similar decree, and eveo in broader terms, wbicb,
''if not speedily recalled or corrected, would
doubtless extend tbe scene of spoliations already
begun in that quarter."

Such were the French papers in this case. And
now let us see the amouot of '' the great
creasing dangers which threatened our vessels,
our seamen, and merchandise."

la the letter of February 8, 1808, from Mr.
Madison to General ArmitroDg, apeaking of the

Berlin decree, and the Emperor's decision there-
in, Mr. Madison says: '-The conduct of the
French Qovernnient. in giving this extended
operation to its decree, and, indeed, In issuing
one with such an apparent or doubtful iropon,
against ibe rights of the sea, is the more extra-
ordinary, inasmuch as Ibe inability to enforce it
on that element, exhibited the measure in the
light of an empty menace." And in his letter of
he 25ih of March, 1808, to Mr. Erskine, Mr.
Madison, speaking of the same decree, says ''that
' France was without the means to carry it into
effect against the rights and obligations of a neu-
tral nation."

Thus, then, we see the President's " great and
increasing dangers with which our vessels, out
seamen, and merchandise, were threatened on
the high seas and elsewhere," and its extended
operation, rested on what he, through bis Secre-
tary, Mr. Madison, has since pronounced "an
npty menace," a project '' which France had Do
cans to cnrry inlo effect."
Shall I be lold. Mr. President, of tbe Britsh Or-
ders of Council? and that they were compre-
hended in the President's view of the great and
increasiog dangers to which our commerce was
posed? If that were the fact, was it not his
ty to give such information of them as he pos-
sest«d, to the Senate? He gave none. 1 know that
those orders were afterwards pressed into his ser-
vice to justify the measure ; and still later it has
been confidently said, " that those orders stood in
front of the real causes of the embargo ;" aod yet
they were invisible to the Senate. What! the
great, the operative cause of the embargo, '' before
which alt other motives sunk intoinsienlGcance,"
not seen, not known to the Senate 1 Not glanced
at by the Presidentin his Message, nor intimated
to any of the members who were honored with
his confidence, and by them to the Senate!

But, from reasooins, I will recur to written
proofs, furnished by ine President himself, and

In Mr. Madison's letter to Mr. Pinkney, lh*e
President's Minister in London, dated December
23, 1807, Ibe next day after the 'act laying an em-
bargo was passed; and this, al^er it had under-
gone three days of earnest opposition in the House
of Representatives, during which it behooved the
father of the measure, and his friends, to furnish
every possible argument to silence opposition, and
to satisfy the nation of its expediency and neces-
siiv; after ail this, Mr. Madison, in that letter,
tells Mr. Pinkney that " the policy and the causes
of the measure are explained in the Message
it.telf." The contents of the Message (compre-
hending the papers it referred to) 1 have already
slated ; and the statement demonstrnies. that they
were not the causes or motives of the embargo ;
for an "empty menace," a decree without the
into efiecl, could he no cause,
vowed object

:arrymg it

sels.

chandise, from great and increasiag dangers."

Sir, let all the documents laid on our tables by
the President be examiaed, and yon will not find

.yGoogIc

HISTORY OF CONGRESS.

November, 1B08.

igdan

, wiiicb '

laying

119 leiter

, cauiiou.ly

inbargo tu the

onr JD ivhicli he hnzards the OMertion, ihat ihi

Brinsh orders of November 11, were known lo
hira at ibe lime he recommended ihe embargo,
thai an expeciaiion of i hem iletermincd his recu
inendatioo. ll tvas not until the 2'J urFebrnary,
when they had been olGcially communicated by
the British Minister, thai he olI'>;red them to Con-
gress ''as a farther proof of the
' gers lo our narigation end coram
' to the proviJeai measure- of ibe
'embargo." And Mr. Madisoo,
Mr. Pinkney of February 19, l;
avoids ascribing the origin of the
British orders; though, he says, the probabili
of such decrees waa amoog the consideraiio
which ''enforced" Ebe measure j the language of
the British gazettes, with other indications, hav-
ing, he uid, left litlle doubt thai such orders werf
" meditated." And he adds, that "ihe appear-
' ance of these decrees (ideaning ibc British or-
' ders) had much effect in reconciiing all descrip-
' tipns among us to ibe embargo."

But 1 must notice (he change of language itj
Mr. Madison's last letter. In that of December
23 to Mr. Piokney, he say», "the policy and the
' causes of the embargo are explaiaed in the Pre-
' sideat's Message." But in bis letter of February
19. he says, "my last (ihst of December 23J '"
' closed a copy of the act of embargo, and
' plained [be policy of the measure ;" leaving
" causes," aod inirodueiiig the unknown Bri
orders as among the consideralinns wbich
forced it.

The President, too, in bis answer to the Bo:
petition for suspending the embargo, says^ not
that the British orders were known lo exist at
the litne when ibe embargo was laid; but only
that they were in eiisteace at the date of the law;
from which the unwary reader might suppose that
they were known to exist at that date.

From all these considerailons, it appears to be
demonstrated, that the British Orders in Council
of November 11, 1807, were not known, and that
(he newspaper rumors concerning ibem never
entered into the views of the President and Can-
gtefi, as a motive'fnr laying ibe embargo. And
bere the well-known maxim applies, de wm ap-
parentibtu etnon exiitentibM Modern ettle^:. Al-
though the British orders were in eiisteace, yet,
Bs (hey were not known lo exist, ihey were, as to
ibe embargo, nonentities.

The conclusions resulting from the facts and
circumstances wbicb I have collected and com-
pared, are serious and alarmioK- They demon-
ttraie that the representation, in the President's
Message recommending the embargo, was delu-
sive, calculated lo lead Congress into the belief
that Ihe situation of Ibe United States, in lelalion
to France and England, was extremely perilous,
requiring the instant adoption of the measure
recommended. And as Congress did adopt it, en-
acting the law recommended, il must be presumed
that ibey helieved an embargo was necessary to
preserveour vessels, our seamen, aud merchanoise,
from the great and increasing dangers with which
the Message staled ibat they were threatened.

yetii

follows, as no subsequent disclosure baa
of clher dangers kuown at the lime
\ communicated, that ihe real
for the embargo has been, and
td from the eye of Congress and the

M. Champagny's letter of October 7, (one of
ihe papers communicated niih ihe President'*
Message,) requires examination. But I should
first remark that, during the years 1806 and 1807,
in order lo reduce England, by destroying her
commerce, the French Emperor, in execution of,
and in the spirit of his Berlin decree, ordered all
English merchandise to be seized and conCscaied
in every place on the European continent, enemy
or neutral, occupied or which should be occupied,
by the French armies. For this purpose, and as
one instance among many, his troops look pos-
session of Hamburg, a city with which Americaa
merchants carried on a large and valuable com-
merce, and which, as neutral, was entiiled lo (he
same eiempijoo from hostile violence as the ter-
ritory of the United Slates, and by the Emperor's
orders, fionrrienne, his accredited Minister to that
free city, addressed a note to the Senate, in wbich,
having slated that every person who traded on
the Coniinent in English merchandise, second-
ed the views of Bpgland, and ought to be con-
sidered as her accomplice ; and that a great por-
tion of the inhabitants of Hamburg were in that
Eredicaraent, and noioriously attached to Eng-
md ; ihe Emperor caused possession to be takeQ
of iheir city, and his Berlin decree lo be carried
into rigorous execution. Accordingly, that Min-
ister, inobedience 10 ibe Emperor's orders, among
other uulTBges, declared, '' all English merchan-
' dises that may be found in the city, in the har-
' bor, or on the terriiory of Hamburg, no matter lo
' whom ihey belong, shall he confiscated." This
was done so early as the 24th of November, 180^
only three days after the Berlin decree was is-

Witb equal atrocity ibe Emperor caused to be
Eei7ed and sequestered the vessels and cargoes of
neutrals which were brought into, or volunlarily
resorted to, the ports of France for purposes of
lawful trade. And we know, from a source wbich

not be questioned, that their liberation was
hopeless; because they were worth eighteen or
twenty millions of dollars !

Of the vast properly thus plundered, a large
portion belongs to citizens of the United States.
On the I5tb of January last the Emperor's Min-
ister, Charopugny, wrote to our Minister, General
Armstrong, ibat their properly would remain se-
questered until a decision should be had thereon ;
and this decision depended on our associating or re-
fusing to associate ourselves with bimand his allied
"- ->B in Iheir war with Oreat Britain. Indeed

Smpcror was willing to save us the troubie

nsideringaod deciding forourselves: be de-
clared war for us, " War exists then in fact be-

n England and the United Slates," are ihe
words of Cbampsgny, in the letter just men-
tioned I What measures oughl to be kept with
uch a Power? While we are yet independent,

.yGoogIc

HISTORY OF CONGRESS.

December, 180&

Senate.

he uaderlakes to prescribe the line of conduct we
■hall otwerve, on pain of confiscaiion of all the
property of our ioDoeenl and unsunpeciiog iQer-
chancs within hia grasp t Aad ihia monstrous
ouirage upon our honor and indepecdeDce, ihe
Secretary of SiaCe, with very exemplary meek-
Dei?, snys, " had the air. at least, of an assunird
authority!"*

Where his ar[nie!> did not thus penetrate and
plunder, the French Emperor sent to the several
Powers on the CoDtinent, whether Emperors,
Kiogs, or petty Slates, requiring (or, which from
him was equiraleot to a command, inviting) them
to shut their porta agninst the commerce of Eng-
land ; and, Sweden excepted, (between whom and
the French armies lay a narrow sea guarded by
Swedish and British ships,] all obeyed. Even
the Emperor of Austria, though at peace with
England, shut against her his two or three lilite
ports at the head of the Adriatic

The" " ■

iry for

•hip with England, was ifie last to obey. But,
though he shut his ports, national faith and grati'
tude towards his friends, forbade his arreslics
Englishmen and English merchandise. By shut-
ting his ports, he hoped to appease the Emperor,
and save his kingdom. But his fate bad been
deiermined; allhough Portugal had for many
tears been paying a heavy tribute to Prance, and
been, moreover, anxious to observe the duties of
a oeuCra! nation. To save himself and family
from disgrace and bondage,the Prince quilled his
kingdom ; finding an asylum in his American

Thus ive have seen the French Emperor not
ontyshuii ing his own ports and ihoseof his allies,
but even ihose of neutral States, against British
conimeice; and neizingand confiscating the mer-
chandise proceeding from England and her colo-
nies, alihi>u<;h belonging to neutrals, and on neu-
tral teirilortes; and Ihal this unexampled scene
of devastation commenced within four days after
the Berlin decree was issued.

It WHS after she had witnessed all ihesealroci-
ties. and seen the deadly weapon aimed at her
vitals, that England issued her retaliating orders
ofNdveniberIlih,lS07.

I now tecur to Mr. Champagny's letter of Oc-
tober 7, to General Armstrong, in answer to his
inquiry, "whether (in executing the Berlin de-
' tree) it was His Majesty's intention to infmct
' the obligations of the treaty now subsisting be-
' tween Ihe United Stales and the French Em~
' pirel" The answer to which has been already
recited.

Allow me to repeal, that this letter of Cham-
pagny was one of the four papers commmunica-
ted by Ihe President with his Message tecom-
mendinfr the embargo, and one of the two which,
after being read, was liot then suffered to remain
on the Sles of the Senate, but was returned to the
President, together with Qeneral ArmsiroDg's lel-

• Mr. MtdLson's letter of Hay Sd, 1809, to Qeneral

TODB.

lOtb Can. 2d Sees.— 7

ler to which it was an answer, agreeably lo hia
request. Subsequent events drew it from the
Cabinet. Qenilemen will also recollect, that the
concluding paragraph of the Presidenl's Message,
in which he desired a return of those two letters,
was ordered by the Senate to be omiiied ; so that
no evidence of the existence of those letters could
appear on the Senate's Journal, or in the printed
copy. In this letter of Chnmpagny, the views of
the French Emperor were but loo clearly indi-
cated. To render his decree of blockade " more
effectual" (that is in destroying Ihe commerce of
England) <' its execution must be complete." Bat
as it could not be complete while the vessels of
the United Slates (then with those of England
carrying on, almost exclusively, the commerce of
the world) continued their extensile trade with
England, we were, in language sofficiently in-
telligible, invited lo fall into the imperial ranks,
with the maritime Powers of Europe, whom the
French Emperor had marshalled againstEneland,
and "to unite in support of the same cause;" that
is, lo destroy the commerce of England. But the
people of the United States would have been
shocked at an open proposition lo shut their porta
against the English commerce, at the command
or invitalioo of the French Emperor; they would
not have endured it. The measuM cSuld be ac-
complished only hy an embargo, and that wrapped
up in the mystery which I have endeavored to
unfold.

The letter of Champaeny must have arrived in
Ihe Revenge; and Qeneral Armstrong's despatchei
by her, reached Washington, as Mr. Madison in-
forms u?, on the 14th of December; and on the
ISth the embargo was proposed and recommended 1
Four days gave little enough time to digest and
ature such a plan 1

Thei^e, sir, are my views of the origin of the
nbarjco; the result of a careful, and I trust, an
ipariial investigation. The material facts are
1 record. Of my reasonings and conclusions
gentlemen will judge. If these be correct, the
iTse to be pursued must be obvious. The na-
n's honor is compatible with the repeal of the
ibargo. The welfare of our country is not lo
sacrificed to the views or feelings of those who
have brought it into its present situation.
Let then, the resolution before us be adopted
id the embargo removed. As the British Orders
Council were not the cause of the embargo,
le honor of ihc United States is not pledged for
leir previous repeal.

When Mr. Piceerikg had concluded, ihe Sc-
ale adjourned.

TncRSOAY, December 1.
The following Mes-oge was received from the
Phesjoent of the United States;
JTo Iht Senate and Hoate ef

Itepraenlativa of the United Statet.-
I transmit to Congrcsa a report from Iho Burrcyor
of tbe Pablie Buildings, of the progreu made on tbsm
dnriDB the lait seatioD, of their prcMOt state, and the

.yGoogle

196

HISTOEY OF CONQEESS.

Decghbbb, 180S.

eipendituies incurred, and of those that may be re-
quisite for their further pro>ecution.

TH. JEFFERSON.
DiciMBia 1, 1308.

; leai and ordered

THE EMBARGO.

The SeoBie resumed the cotiaidprBtion of the
motion msdeon the 11th ultimo, for repcaliDg (he
"Act lafiDg aa embarg-o on all ships and vessels
io ihe ports and harbors of the United Scstes,'
and the several actb supplemenlary (hereto.

Mr. Andbrbon addressed the Chair as follows:

Mr. President: Two considerations had deier-
mioed me to give a silent vole upon the resolu-
tions before the Senate; one is, that my sight ha.-
been very ttuch aflecied hy an inflanimalioii
which I have long had in my eyes, ia consequence
of which I have not heen able to give (he neces
aary examinatioQ to (lie documents which havi
been published, ibai have a particular relation tc
this subject ; the other ia, that the very able and
luminous discussion which has been given to the
subject, both in a political and comnlercial poini
of view, by the gentlemen who have spoken
against tlie adoption of the resolution, had left
little if aayibing to be said. But, sir, tlie speech
which the gentleman from Massachusetts (Mr,
PiCKEHiMo] read in his place yesterday, has deter-
mined me to endeavor to answer him. In follow-
ing the gentleman, I wa» obliged lo lake very
hasty notes, for his speech being written, he
not obliged to make those pauses which are .. _
ally made in public speaking, and which afford
time to take more copious notes, I shall, there-
fore, be obliged lo answer (he gentleman almost
entirely from memory.

In diECUssing this subject, air, I think it totally
unimportant to inquire whether France or Eng-
land has done ua the most injury, or which was
the first aggressor upon our neutral rights. It is
admitted oy all, that both have given us ample
eauK of war, and that each has done us much
more injury than we are ever likely to receive
TeparaiioD for. it Is our business, therefore, to
pursue that course that we conceive will produce
the best effect upon both those nations, without
evidencing the least partiality for either the one
or the other. If, sir, they should both see that
we united against them, every meR!<ure we adopt
would have its proper effect ; out if either of those
nations should discover that they have any apolo-
gists among us. and more particularly in the coun-
cils of our nation, every measure we adopt against
such nation, must lose full half of its effect. Hav-
ing made these preliminary observations, ? will
proceed to consider the arzuments of the gentle-
man from Massachusetts, (Mr. Pjckerino.) which
he has offered in support of the resolution. He
has said that no cause whatever existed for lay-
ing the embargo; and then proceeds to state the
Message of the President and the papers wbicb
accompanied it. Those papers, he tells you, were
a proclamation of the King of England, requir-
ing the relnrn of his subjects, and particularly the

seamen from foreign countries — a letter from
General Armstrong lo Champagay, and his an-
swer, dated 7lh October, relative to the Berlia
decree — and a letter from Rejnier. Minister tS
Justice, to Champagay, containing the Emperort
interpretation of that decree.

As to the proclamation, says the gemlemaD, i(
contained no evidence of increasing danger Ir
our seamen, for it con(ained a solemn injunction
to the naval officers to conduct irapresBDientswiik
increased caution and care ; so that, says the gen-
tleman, impressments would probably rather be
diminished than increased. With respect to the
construction of the proclamation, Mr. President.
I differ greatly with the gentleman, la my opin-
ion, it was intended lo extend the arbitrary rigbt
of impressment ; it speaks a language that cannai
be misunderstood i it authorizes any subaliera
officer who might be sent on board of merchani
vessels to impress all such of their crews as might
be taken, or mistaken, for British natara! borii
subjects, those officers being the sole and absolatr
judges in the case ; and the proclamation has ei-
pressly directed the officer to pay no respect what-
ever to certificates of citizenship from any foreign
State. 1 will read a part of the proclamation:
''And whereas our natural born subjects hart
' been induced to accept letters of natural izalios,
' or certificates of citizenship, from foreign States.
'and have been taught to believe thai, 67 such
' letters, or certificates, they are discharged from
' that duty of allegiance which, as our natunl
' born subjects, they owe to us — Now. we da here-
' by warn all such mariners, seafaring men, simI
' others, our natural born subjects, that no such
' letter of naturalization, or certificate of cilizen-

' ral born subjects of the allegiance, or in any de-
' cree alter the duty which they owe to us, their
' Tawful sovereign." Can the gentleman, for one
moment, believe, after hearing this langnagfe of
the British proclamation, that it was intended (ai
he has said) to dimioish impressments? J ihiok
it impossible. It is evidently intended to extend
impressments, not only to seamen, as such, but to
every citizen of the United Stales who has been
ituralized since the acknowledgment of our in-
ipendence by Great Britain, and who might per-
lance be found on board a merchant vessel.
And would not this extensirc kind of search ren-
Btive American seamen much more lia-
ble to be taken than before the issuing of this
proclamation? For the gentleman himself ha\
upon a former occasion, said, that the British and
American seamen were so much alike in their
habits, and language, that it was no easy
matter to distinguish one from the other. And is
it not highly probable, sir, that if so great a like-
bas been discovered by one of our own cili-
, that at least as ^teat a likeness would he
discovered by a British officer who tuight want
seamen, and who had been directed by the procla-
mation to pay no respect (o certificates of citizen-
ship, which had often heretofore protected our
citizen seamen against impressments, but which
were now all prostrated by the British proctama-

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HISTORY OF CONGRESS.

198

Deceubbii, IBOe.

Bekatb .

tion? It is rather iiing>ulsr, Mr. President, that
Oreal BritBio should sel up ihia clain lo nal '
ized citizens, when bf her cvn statute laws
declares, thnt "an^ forelKn mariner, or seal
' who serves on board a British man of war,
' British merchant Tessel, or privateer, daring the
' time of war, Tur the term of two years, shall, to
' all intents and purposes, be deemed, and taken to
' be, ■ natural born subject of Great Britain." And
ihis nation, the gentlemen baa told us, is so firm,
that sha Dev«T recedes from any ground she has
taken: hence we ate to conclude, that every
AmericBQ citizen whom she can thns metamor-
phose into a British subject, she will nertT give
up. If then, sir, American citizens are impresseil
and put on board British vessels in time of war,
and remain on board two years durine a time of
war, according lo the statute law of Great Brit-
ain, such American citizens become British suh'
jects, and, as such, ore never to he given up ; and
yet no British subject can breome an American
citizfn byourstatuie laws; ibr, says the British
I)roclamation, no letter of naturalization, or cer-
tificate of citizenship, from any fowign Stale, do,
or can in any manner divest our oalural born sub-
lets of the allegiance ihejr owe us, their lawful
Sovereign. Does not this proclamation show
great and tncrenslng dangers to otir seamen? To
my mind it does.

1 will now examine the other papers which the
gentleman hai taken notice of, which accompa-
nied llie President's Message. These relate to
the Berlin decree, passed the 21st November, 1806;
this decree was not put in force against neutral
vessels for near a year ihereafier.

On the 24ih of September, 1907, General Arra-
ttroag, in a letter to M. Champagny, said that he
had learned that a new and extensive construc-
tion, hitch 1y injurious to the commerce of the
United SlBtea, was about to be given lo the Ber-
lin decree, and aski for an explanation of the
Emperor's views in relation to the subject; and
on the 7lh of October receives for answer, that
since Hi» Majesty had not thought proper to ex-
press any exception in his decree, (with respect
to neutrals,) there was no ground to make any in
the eiecntion with respect to anything whatever.
This exposition of the Berlin decree, bv the Em-
peror of France, placed in jeopardy all our ves-
sels which might infringe its provisions, and
showed the great danger from thenceforward ac-
cruing to our commerce. M. Champagny al.'o
lells Genera] Armstrong, in the reference he makes
to the explanations of the Procureur General of
the Council of Prizes, that His Majesty has not
decided the qoesiion, whether French armed ves-
sels may possess themselves of neutral vessels
going to or from England, allbnugh they have no
English merchandise on board. The doubting
manner in which the French Emperor speaks
upon this subject, evidently shovs his inlention,
and, of course, the increasing dangers to oar ships
and merchandise; and the state of things which
has since taken place in Europe tends completely
to show the well-timed wisdom of laying the
embargo.

But, Mr. President, there was another caarider-
ation whfch presented itself at the time, serious
and imposing. Shall 1 be told, says the gentle-
man from Massac hu set Is, (Mr. Pickerinq.) of Ihe
British Ordera of Council* I answer by assuring
him, that he will be told that the British Orders
of Council had a very imposing influence in lay-
ing the embargo; they were in many of the pub-
lie papers, and published in such a manner, and
under luco circumstances, as could hardly leave
a doubt of their having been actually signed by
ibe King on the 11th of November, as stated in
the iVatumaf fntetligencer : and here I hope I
may be permitted to take the same ground to
prove the fact, that the gentleman has himself
taken upon a former occasion ; he has said, that
Ihe National InteUigmieer is considered, and geu-
erally believed lo be, the Government paper; and
that any publication which appears in it as ema-
nating from the Adminisiration, iseonaideted as
true. Now, sir, 1 sbal! iioljr ask of the gentleman
to grant me as much with respect to the British
ministerial paper — I think called the Stm — frora
which paper the Nationai InteUigencer had taken

been agreed upon by Hts Majesty, in Couocit, on
the Ulh November, and that they were to be
signed by the King on the fourteenth. Thus,
then, Mr. President, if the gentleman gives ai
much credit to the publication of a British minia-
terial paper, with respect to the transactions of
the British Cabinet, as be has thought proper to
give to the publication of what he calls our own
AdminisiratiOD paper, he must admit that the
British publication revipectiDg the Orders of Coan-
eil was true, and, of course, entitled to credit.
But if any doubt yet remains with the gentleman
with respect to the British Orders of Council
being known here before the Message of the Prea-
idetit was sent lo Congress recommending the
embargo, I will refer him to the evidence gtvra
before the British House of Commons, Ihe authen-
ticity of which, I expect he will not doubt.

It is stated by Mr. Martin, an eminent mer*
cbant. that on the 12th of November be wrote a
circular letter to his American correipondent,
which letter was received in America on the 12tii
or 13th of December, but he believed on the 12th.
In this letter, he says that he stated — "[1 isstrong-
' ly reported that it is the intention of our Gov-
' ernment to extend the system of blockade to
' France, and the ropective States on the Conti-
'neni under her influence, prohibiting from en-
' trance into any of their ports all vessels what-
' ever, unless inch as have last cleared from Great
' Britain and her dependencies."

Mr. Kinder, another eminent merchant, pro-
duced a New York paper, dated the 16th Decem-
ber, in which it was stated, that "the English
' ~ ment have not issued their proclar

of siege, and prohibiting all intercourse wilh
them, except direct from a British port, it not
having received the signnlnre of the King. A
private letter from a member of Parliament,

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HISIORT OF CONGRESS.

Sbkatb.

Decembkr, 1808.

ir would be published in ihe Ga-
•zette on ibe 14[h." There are several other
proofs mniie before the House of Commons of a
similar cbaractGr, which I do not think necessary
to produce^ those which I have adduced, tend
most fully to prove, (hat (he British Orders of
Council were well known in America some da^'^
before the embargo law parsed ; ibat Ihey were in
fact published in ihe British ministerial paper oo
the I4th ol November, (as stated in the Natitmal
InteUigeticer, they were lo be.) beioe the very day
«□ which the private letter from tne member of
Puliameoi stated that tbev were to be published.
I now trust that the eealleman from Massachu-
setts will admit, that tlie British Orders of Coun-
cil were fully known io this country, known to
everf member of Congress who bad attended to
the reading of Ihe newspapers; that he will not
my ibey have been pressed into our service, but
that they are fairly proved to have been koowo,
■nd have had an imposing influence in laying the
embargo. But, says the geotlernan, if those or-
ders were comprehended in the view of the Presi-
dent, was it not his duly to i;ive such information
of them 10 the Senaiel Sir, I do not believe it
was his duty to communicate officially, unofficial
inrormaiion. The gentleman well knows, that as
President, he is responsible for all his communi-
cations, and that he ought to have the most uae-
quivocal proof of every fact which he communi-
cates fur our information : and such 1 believe are
the impressions of the gentleman himself — for it
will be recollected, that although the British
proclamation which accompanied the Message of
Ihe President appeared to have every mark of au-
theatieity, (and had been officially published by
the British OovernmeDi,) yet as it had not been
officially made known to our Government, the
genilemaD appeared to be of opinion it ought not
to have been communicated by the President;
■nd I am induced to this belief by the gentle-
man's own showing, for in his letter to Governor
Snllivao, in menlionioK the papers received from
the Presideot, he says, that one of them, meaning
the proclamation, was cut out of a newspaper —
thereby evidently infcrtiog, that no information
but such as the President had officially received
ought to have been communicated. If then, Mr.
President, the gentleman was so much dissatis-
fied with the proclamation being sent, which had
been published oBicially, but not officially made
known to our Government, how much more so
would he have been, had the Presideot sent us
nnauthenlicate'l publications taken 'from the
newspapers 1 Besides, the newspaper information
ms in everybody's hands, and the Senate are not
foreclosed froni availing themselves of informa-
tion, from any extraneous source, upon every sub-
ject on which they are called to decide. That
we decided rightly in laying the embargo, is be-
lieved by our cuuolry and the world ; and had we
even decided wrong, we erred upon the safe aide,
for the means of immediate relief was within our
own power. But not so, if the embargo had not
been laidj then, Indeed, would a very great por-
tioa of our seamen, ship', and merchandise, have

been wrested from as, perhaps forerer : bni, sir,
happily for our country, the precauiianary wis-
dom of the President, saw, and warned us of out
approaching danger; and from the resources that
have thus been saved to our countrv, we are ready
and willing to prove to the world, that '' we hate
millions for defence, but not one cent for tribute.*'

It has been said by the geollemao from Masa-
chusetls, (Mr. FtciEittNO,) that the embargo has
not produced the effect its friends had foietoli
He will acknowledge. I expect, sir, that il bai
had a very unfair trial.

Our Government, Mr. President, being predi-
cated upon and supported by the wilt of the peo-
ple, that will, in order to induce a strict conform-
ance to the law, should be correctly informed by
those from whom the people have a right to ei-
pect correct information, but should never be led

Butunhappilv, sir, with respect to the lav under
consideration, tnis has not been the case. Scarce
bad the law passed before the gentleman from
Massachusetts (Mr. P.) bad recourse to very ex-
traordinary means to render it unpopular. He
addressed a letter of a very extraordinary char-
acter to the Governor of Massac h use I is, with ia-
leni, as he said, to have it presented totbe Legis-
lature, and through them to the people; thereby
evidently iniending to create an alarm, which
was by no means warranted by the passage of the
act. What the getiileman's views were, he belt
can tell. This letter, going from a Senator of
the United Slates, (at a lime, too, when Congress
was in session,) ^ave it an imposi/ig influence with
the people. It immediately became the life and
soul of ibc Federal newspapers; they sounded it
from one end of the Continent to the other. Many
weak minds were led astray by it, and it would
have done infinite mischief had it not been for ibt
timely appcHiance of a very able letter \7ritten
in answer Io il, by the gentleman's former col-
league, (Mr. AoAMB.) It, nevertheless, had con-
siderable eflect upon the immoral, dissolute, and
disorderly ; it taught them to disrespect the law,
beinijc supported by the autborilv of a Senator,
who had written so severe a philippic against iL
The tocsin of alarm beiog sounded against the
Adminislralion for having recommended the em-
bargo, and the majority for having passed it, patty
feelings and prcjodices were brought lo operate
against it; and before il could have a chance of
a fair trial as to the effects it might produce, its
infringements became numerous, and its operative
effects were measurably destroyed. But, sir. I
consider the evasions of the law io our own ports
but a minor evil compared with those which have
been produced by other means. This letter, with
all its contingent consequences, was communi-
cated lo England, (where, I have been informed,
it was considered of so much consequence to ihai
nation as to pass through eight or ten editions.)
and by Ihnl lelter and its accompanying informa-
tion, the British Government was given to under*
stand, that very great dissallefaction prevailed
among the people. It was. In fact, a noiiScaiioo
lo that Government to adhere to their Orders of

.yGoogIc

HISTORY OF CONGRESS.

Decembbr, 1808.

CouDcil, in order thai ibe cooiinuaDce of [he ero-
t^rgo miglil make a more efTeclual impression
upoD (he feelings and imniediaie interestiof the
people, and Iherebj change Uie character of our
ekclions. not only in our Staiet nnd Congrea-
sional district!, but upon our grenl nationBl elec-
tion also. But, notwiihstandJDg all these meaDs,
thus devised and ihtis executed, we have lo con-
gratulale ourselres, thai ihe good sense and patri-
otism of our fellow-ciiizenii hare prevailed, and
we yet remain sustained bif thecommauding roice
of Itie nation.

That impressions of the character to which I
have alluded had been made upon the mind of
Mr. Canning, is evident from the correspondence;
for Mr. Pinkney, in his letter to the Secretary of
Stale, of the 4th of Aagust, says, that on the^th
ef June, he bad a conversation with Mr. Canning,
which had rendered it soraewhat probable thai
the object mentioned in Mr. Madison's letter of
the 30th April, would be accomplished, if he,
Mr. Pinkney, iihould authorize the expectation
which that letter suggests. This letter from Mr.
Madison to Mr. Pinkney says, "Ibe PresiJeni is
authorized, in such event, (liiat is, the rescinding
of the British Orders of Council,) to suspend in
whole, or in pari, the several embargo laws." It
is evident, from Mr. Pinkney's letter, that on the
29ili of June, Mr. Canning evinced a disposition
to accede to the eqaitable and liberal views of the
President, which 1 have already explained. But
betweeu the 39th of June and the S3d of Septem-
ber, some extraordinary cause bad produced a
very different disposition in Mr. Canning, as ap-
pears by his letter of the latter dale. Upon ibis
letter I shall make no comment; it is before the
people, and they will, no doubt, judge of it ai they
ought. But,Bir,I would inquire, from whalcause
did this change in the British Oovernment pro-
ceed? Not from the convulsions in Spain, as
has been stated, for they were well known in
England previous to the 29th June; nor from the
trilling dtsturbanees in Vermont, (which nome
gentlemen have endeavored lo magnify, bul)
which were of loo insignificant a character to
produce any effect upon a Government so well
informed and enlightened as Great Britain, and
one so accustomed to experience, and suppreas
similar trifting disorders among their people. The
real cause of this change in Mr. Canning must
then be songhl from some other source ; and, in
my opinion, it can only be found in the torrent of
unfounded informsition, which the British Gov-
ernment had received (after the 29th of June.) of
the tenor and character I have already described.
To this cause may justly be attributed the con-
tinuance of the embargo at this time, ind, of
course, the real reasons why it had not produced
its desired effect ; for had ii not beeo for the im-

B roper and delusive impressioas made upon the
irilish Government, from the causes 1 have sta-
ted, we have reason to believe that Mr. Canning
would have accepted the liberal offer made by our
Oovetnment ; the Orders of Council would have
been rescinded, the embargo would of coarse have
been raised, and our country would at thir time

Sbhatr.

be enjoying the benefits of a lucrative and exten-
sive commerce. Mr. President, 1 have taken some
pains to prove that the President had ample cause
for recommending the embargo, nnd Congress for
passing Ihe law; and I have endeavored to show
why it has not had its full and desired effect:
how fat I have succeeded in either, this honorable
House will judge.

Upon that part of the subject upon which I
shall now speak, (it being entirely of a mercan-
lile character,) I shall not pretend to enter into
detail; more especially as the honorable gentle-
man from Maryland, (Mr. Smith,) who is a prac-
tical merchant, has given us a very satisfactory,
able, and extensive view of it. I shall, therefore,
be concise, confining my observations to the Or-
ders of Council and the French decrees. I shall
take as a postulatum, that all the reasons which
operated in laying the embargo, operate with
equal, if not greater force, against adopting the
resolution for the repeal of Ihe law. I will ufc
whether any change in our foreign relations ha»
taken place that would now render it more safe
to navigate the ocean than when the embargo
was laidT The contrary is the fact— for the (A-
ders cf Council, which were then only unofficially
known, have since been officially communicated
to our Government, with all their numerous and
appendant explanations, which have rendered the
original orders infinitely more complex. Tboae
Orders of Council, with all their modificationa.
have been condrmed by act of Parliament; and
by that act, power is given to the King in Coun-
cil, further to modify, alter, or extend their pro-
visions at pleasure; so that now we have not
even the certainty of those orders, or of the acta
of Parliament, upon which to depend, since the
King in Council can, nnd no doubt will, when-
ever they see cause, adopt a new system of or-
ders, to operaCs precisely in the manner, and at
the lime which they might conceive most con-
venient to themselves, or perhaps mo.«t injurious
to us; for, from the evidences we have "had of
the disposition of that Government towards out
commerce, we have little indulgence lo hope.
Those Orders of Council are so susceptible of >
variety of construction, so dependent on the will
of the Admiralty judge, and the more inseruti-
ble. but not less dangerous will of the King and
Council, that an American vessel could scarce
hope to make a voyage to almost any port with
safety. If our vessels lake in cargoes of our own
produce, and clear for aoy port on the Continent
of Europe, they are taken by British cruisers and
carried to England, for Ihe purpose of paying the
transit duty, as it is called, but which, in fact, u
a tribute exacted from us, for the privilege of
trading to places, tow!iich,Hs an independent na-
tion, we have a right to go: and this, as has been
truly said by my friend from Virginia, (.\fr. Giles)
is exercising a power over our native ex ports, which
by ^the Constitution has been denied to Congretf.
This, indeed, if submitted to, will succumb the
best interest of our country, and destroy ererj
attribute of our national independence. Again,
ont TCHeU letaroiog from a foreign port, nr«

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908

HISTORY OF CONGRESS.

SiMATB.

Dbcgmbbb, 180S.

equally liable [o be carried into Eoglaod by Bcic-
ish armed ships, there to pay tribute for the privi-
ly of bringing lioioe their cargo, bi in ibe case
oT tbe Sophia. She bad only a few casks of g\a
OD board, merely as ballast, but ihe was nerertbe-
l«as taken into England, and compelled to pay
•ereral thousand dollars, and to purchase a per-
mit lo return lo her own couuiry I Can we, as
an iodependeot nation, submit to these intolera-
ble impositioDs? And yet, sir, raising the em-
bargo urilhout some more energetic measures
beiog adopted, would be lo tell the world, we are
10 humble a people, so Tond of commerce, that
we will prostrate both our honor and our inde-
pendcDce for tbe pur.poseof oblaining it. Forbid
It, the spirit and principles of seventy-six 1 Young,
U that day — scarcely in tbe gristle — not having
reached half our present strength — oppressed by
the same domineering Power whose ships now
cover the ocean, we indignantly refused lo sub-
mit to similar impositions^ although a pretext then
existed for ciaimins a rit^bt to e;[ercise them.
We, then, were colonies; we, notwithstanding,
resisted— first with mildness, but with firmness;
and when they refused to listen to the justice of
our cause, we appealed to arms, and trusted to the
Ood of battles. We fought, our cause prevailed,
and out rights and independence were acknowl-
edged. Some of us still live who devoted not
only tbe springtide and summer of our days, but
often risked our lives tu achieve these blesKings
to our country. They were too dearly bought to
be tamely surrendered, nor will my countrymen
ever a^iee to surrender Ibem; yet such would be
in fact the case, were we to submit to trade under
tbe restrictions of these degrading Orders of Coun-
cil. Mr. President, in addition to the operation
of tbe British Orders oT Council upon our com-
mercfl, we have to add the catalogue of French
dtcrees, some of which have come to our knowl-
edge since laying the embargo; and alihough
those decrees cannot affect our commerce in any
considerable degree, proportioned to those of Eug-
Icmd, yet their provisions are equally hostile tu
tbe rights of a free and independent nation. Al-
tliougn they have not said, we shall pay tribute
for the privilege of carrying our produce to any
foreign country, tbey have said, that if our ves-
sels are cauehl carrying our own produce to Eng-
land, they snail be good prize; and the Milan de-
"-- — - '■ H to change the character of

vessel shall have been spoken by au English ves-
sel ; ihu.i these two Powers, under tbe pretext of
TetaliBting decrees against each other, sweep the
American commerce upon the ocean, wherever
either the one or the other can bring it within
the provisionsof their respective decrees: and we
have seen enough of their effects upon some of
our vessels that were upou foreign voyages when
the embargo was laid, lo know that the&e decrees
of France are like those of England, rigidly exe-
CDled. We have therefore seen, that even as far as
the French decrees can be carried into effect, tbey
tend greatly to injure out commerce, and (hat

from both England and France, under the opera-
tioa of their tyrannic decrees and Orders of Coun-
cil, we have sustained severe and heavy Ioskcs.
These orders and decrees still stand in full force,
and ready to meet your commerce upon the ocean
whenever your embargo shall be raised, espe-
cially in the extensive manner contemplated by
the resolution upon your table, wbicli evidently
intends a total repeal of the law, and without any
substitute being offered in its place.

I will now, sir, reply to some observations of
the gentleman from Connecticut. He has said
that our object in contiouiDg the embargo, is to
put down commerce ; and I have often lieard it
said, that tbe Western and Southern members are
unfriendly to commerce. This I deny.as it re-
spects myself. But as I have often been opposed
to the extension of our laws (and sometimes suc-
cessfully) relative to that branch of commerce
called the carrying trade. 1 suppose 1 may be oae
of those whom the gentleman has said were op-
posed to commerce. I will, Mr. President, give
my views of the subject, and state my reasons
why 1 have not been very friendly to that kind of
trade. When I first took my seat as a member
: of this House, I considered it my duty to endeavor
to make myself acquainted with the revenue laws

i which it is known are pretty complex) by which
should be tbe better able to discbarge my duties
upon this floor, in e national point of view; and
if any collisions of interest should happen from
the operation of those laws, between agriculture
and commerce, by discovering this collision, I
could more faithfully and ably guard the true in-
terest of my constituents, almost all of whom ate,
as well as myself, agriculturists. In examiiiiug
these laws, I will acknowledge the drawback sys-
tem did not fully meet my approbation. It ap-
peared to me, sir, to put too much at hazard ine'
peaceof our country. I will not attempt to enter
mto a full and minute detail of this trade, but will
take a sufficient view of it to make myself under-
stood. This trade, Mr. Pretiident, it is known is
carried oa almost entirely in foreign articles,
which are imported into this country, and eoicred
for re-exportation. Tbe duties upon those ailiclei
which are re-exported, amount to but a small sum
compared with tbe immense tonnage engaged in
that trade: the tonnage thus engaged amounts to
one-third of the whole tonnage of Ihe United
Slates; and yet the duties do nut amount to more
than oae-fifteentb. The whole duties received
from this drawback system amount lo about one
million of dollars a year, and the whole revenue-
of tbe United States, say about sixteen millions.
This sum of one million of dollars, thus derived
from ibis kind of trade, is in my opinion too small
to hazard so much for it as we do. This trade
creates a collision of interest between our own
shipping and the snipping interest of the great
naval Powers, even when the trade is freely per-
mitted; for, in proportion to the quantity of for-
eign produce out vessels engaged iu ibis trade
carry, in so great a degree do they interfere Willi
the shipping interest of those great naval Stales,
whose existence, in a considerable degree, panic-.

.yGoogIc

HISTORY OF CONGRESS.

Decubeii, 1808.

Sbnatb.

v\ti!f Eagland, ilepends upon the sapport of thuir
Cities, aad ihe carrying. trade U easealial to
luppori: first, to supply [he nieaas of subsistence
(or immeiise numbeiii, wbo could aot be othei
wth supported ; and, secoodty, by keepinf (hose
ihipj employed ia this carrying trade, they create
ui mftiotaia senroeD for ine nation, which may
ind vill be iranted in lime of war. We do not
wiDt this kind of trade, Mr- President, to supply
Diwilh seamen for our Navy: our fisheries are
CDCouraged in a suScientdegree for that purpose,
and I trust it vrill be a loDg lime before we shall
iilenipt to establish aoytbing lilie what may he
called a national Navy. From this trade <
coaatry is much more liable to be involved
WT ibaa 'we could possibly be by carrying on i
viiole amount of our awn direct and immedi.

which I

> the

n i b

before stated, full fifteen

tcveoue as is produced by the carrying trade : aad

yet this i ..■.__ ■. _ .

Off a prod I

nage tbai

gaged

:e, employs bnt about double the (on-
i employed m the carrying trade. So
.Mr. Presldeot, had

ying trade, which alihoi
ful according to the recognised priociple:

of n

tralily, predicated upon the established law of
nations; yet so great a pressure did it make upon
(he political views and shipping interest of Great
Britain, that she determined to arreit it; accord'
JDgly her Courts of Admiralty were directed to
declare "thai neutrals should not carry on a trade
* in lime of vrar that was not permitted to them
' in lime of peace, and that they should Dot be
' permitted to effect that in a circuitous, which is
' taliibiled in a direct trade." Thus, sir, from the
extensioa of this trade, were ne now brought to
the ere of war with Great Britain — for under this
new principle, thus iclerpolated, our ships were
taken in immense cumbers, and few escaped coa-
demnatioD. In consequence, memorials have
been presented to Congress from a principal part
of all the great cities in the United States, staling
ia very strong terms the iniquity and inju.^tice of
this new principle, introduced by Great Britain
to the almost total annihilation of this carrying
trade. These memorials contain a train of reas-
oning upon this subject, in support of this neutral
right, that I think unansweiablc: and so much
were those merchants engaged at that time in
supporliog it, that they tendered their lives and
fortunes lo their country. The rigbt to trade
being unequivocally a long established neutral
right, the Senate determined to sustain it : accord-
ingly, by an ananimous vote, this body resolved,
'that the capture and condemnation under the
' orders of the Briti.<!h Government, and adjudica-
' lion* of their Courts of Admirally, of American
' vessels and their cargoes, on the pretext of their
* being employed in a trade with the enemies of
' Great Britain prohibited in time of peace, is an
' unprovoked aggresKioa upon the property of the
'citizen* of these United States, a violation of
' Iheir neairal rights, and an encroachment upon |
' their national independeace." This resolution I
is rery espressire of the sense of the Senate, but |

we did not slop here; we passed another rewlu-
tioQ recommending to the President of the Uni-
ted Stales, '' to demand and insist upon the reito-
ration of the property of our citizens, which had
been thus captured and condemned ;" and re-
quested the President *' to enter into such arrange-
' meats with the British Government, upon tnis-
' aod all other differences, as might be consistent
' with the honor and interest of the United State*."'
The negotiation thus recommended, the Presi-
dent has not been able to effect, according to the-
tenor of the resolution: that is, consistent with
the honor and interest of the United Stated—al-
though he sent a special Minister for that pur-
pose. Great Britain now pretends to sustain tbia-
new principle, under the pretext of its being an
old established rule, commonly called tbe rule of
fifiy-sii ; and the gentleman from Massachusetts,
(Mr. PicKEHiNO,) who formerly voted in favor of
the resolutions wliich 1 have read, has introduced
a book 10 jupport this rule, of fifty-six, of which
1 will hereafter lake notice. Thua, Mr. Presi-
dent, we see how nearly we have been to a war
for the support of this neutral trade, which yielda
us so very small a revenue. I am therefore of
opioion, that the landed interest ought not to ha
ipromitted for the xupport of this trade. I
willing to support it to a certain extent, but
so far as lo hazard the peace of my country.
I have now given my reasoas for not being friend-
ly to this drawback system ; end representing, as
1 do, an agricultural people, I consider it my im-
perative duty Id watch with vigilance over ibeir
interests, which they have confided to my care,
and which I trust I shall never cease to support
while 1 possess the power of speech, and words
preserve their form and meaning. But, Mr. Pres-
'.dent, I can with confidence say for my fellow-'
citizens, and for myself, that we are truly friendly
to the true American commerce — meaning that
kind, sir, that is carried on with tbe produce of
country. This will bring us into no col-
nd will give to the farmer his due por-
tion of the profiis of bis own industry. In thia
kind of commerce, the interest of the farmer is
assimilated to and rendered reciprocal with thai
of the mercbani. The people that 1 have the'
to represent, are deeply interested in this
kind of commerce ; we inhabit a fertile country,
growing rapidly in population and improvement,
Lod producing cotton, hemp, end tobacco, and
!very kind of grain in great abundance, besides
ilock of all kinds: for the surplus of those arii-'
ily find a market through the me-
lerce. These, I repeat, sir, are my
sentiments and the sentimenis of my consti-
[9, upon the subject of a free commerce, and'
-ongly are we impressed with the importance
of it, that we consider agriculture and commerce'
essential to the existence and growth of each'
other.

The gentleman from Massac bosetts. (Mr. P.,)
I have before staled, did, in 1S06, vote in sup-
port of our neutral rights, but he now tells us
they are doubtful — and why does he tell us so?'
Why, sir, he hat found out an old French book,

.yGoogIc

HISTORY OP CONGRESS.

Senate.

DecEHBBR, 1608.

wbich ii seems has convinced bini that he vas
wrong wheQ he formerly voled io fator oi sup-
porting our neuirnl rights against the interpoU'
tioDs of Great Britain. He calls the book a cele-
brated work on maritime law. One valualile [rait
in the character of thi^ hook, and which seems to
have rendered it celebrated in ilie opinion of the
gentleman is. that he thinks its doctrines upon
the subject of neutral rights Kupport the doctrine
or Great Britain, commonly called the rule of
1756. It appears, says the gentleman, lo he
generally supposed, that the rule respecting the
colonial trade adopted by Great Britain, and
nsually called the rule of 1756, was peculiar lo
'Oreal Britain. He also ^ays, it seems Ihat she,
'meaoing Great Britain, h&s considered the rule of
1756 a» the ancient and established principles of
maritime law: and ihis the gentleman attempts
40 prove for her. and for ihis purpose introduces
Ffuin'* celebrated work, as he calls it, on CDari-
time lanr. I shall not enter into a detailed exam-
ination of the several article; he has read, which
however appear to be esscDtiallv diOerenl from
the rule of 1756, but I shall contest the appli-
cability of these rezulatioDs altogether; and I
trust 1 caa show to ilie Senate that they cbddoI,
by any possible constructioo. he admitted as of
aDyauibDrily,ascoQtainiDg established principles
of maritime law.
. I would ask the gentleman how he proves the
rule of 1756 to be the ancient and established
principles of maritime law. Because, says he, it
appears by Valin that Louis XIV issued a regu-
lation in 1704 respecting neutral rights, and which
was re-enacted by Louie XV in 1744, similar in
its nalura to the rule of 1756 of Great Britain.
t shall admit, for argument sake, that those rules
of 1756 and regulations of 1704 are similar; but,
■ir, can this similarity give them any claim
be considered as the establiihed principles
maritime lawl Certainly not, sir; for maritime
law is considered as the law of nations, parti
larly with respect to those nations which agree
to it; but the gentleman has not showi ' ' '
maritime natioas ever acquiesced in thos
regulations any more than ibey have in the rule
of 1756 ; and, sir, he ought to have shown that
they had, in order to give them the force of mari-
time law. If those nations had given this sanc-
tion, and thereby established the principles con-
tended for by the gentleman, then indeed he
would have been correct; and had this been the
case, some of the British jurists would no doubt
long since have brought them into view, and
would have eibibiied them as precedents, to sup-
port and establish the British rule of 1756.—
They seem, however, to have left it for the gen-
tleman from Massachusetts, (Mr. PiciceiiiNO,)
and their not having done so, is a sufficient proof
to my mind that these regulations of Louis XIV
aud Louis XV, were considered in no other point
of view by the other maritime Powers, and by the
jurists who have written upon this subject, than
the decrees of Bonanartoarc now considered by
the gentleman from Massachusetts (Mr. P.;) and
eighty or a hundred years hence, these decrees of

the French Emperor would form as good prece-
dents, and there would be quite as much propriety
in bringing forward thepe decrees of Bonaparte
as the eslablished principles of mariliiDC law. as
ihose regulations of Louis XIV and Louis XV.
offered by the gentleman in support ol the rule of
1756; nay, Mr. President, there would be muck
more propriety, because almost all the conlioeoial
Powers have sanctioned these decrees of the
French Emperor, and yet, would the genllemna
say that they ought ever lobe brought into pre-
cedent as the eslablished principles of mariliiue
law? I suspect he would not. If. then, be would
not, sir, his rules of 1704 and 17U, cannot be con-
sidered as precedents, but must he returned to
' eir archives, there to rest for another centary.

One particular object the gentleman seem^ to
have bad in view in introducing these ohselete
ipplicable regulations, is to make it appear
(hat Mr. Madison is mistaken in his letter to
Mr. Erskineof the 25ih of March, in which he
ipeaksof the rule of 1756. Mr. Madison, said the
gentleman, says, "it is well known that Great
Britain is the only nation that has acted upon or
otherwise given a sanction to it," meaniog the
rule of 1756. Here, Mr. President, I mu*t ob-
serve, that the gentleman has not exhibited thai
portion of candor (in using the quotation) which
he has so uniformly declared he possesses ; be has
taken only a part of a sentence, it would seem, for
the purpose of drawing an inference from it, of
which the whole taken together is by no meau
susceptible, but conveys to my mind a very differ'
ent meaning. Mr. Madison, in his letter of the
25th at March to Mr. Erskine, in Freaking of ihi
rule of 1756, says, "and instead ol its beirtg an
'established rule or princi|'le, it is well known
' that Great Britain is the only nation that hat
' acted upon, or otherwise given a sanction to it."
Here, sir, the whole sentence taken together, con-
veys a very different meaning from tne one the
gentleman has thought proper to give it. Mr.
Madison is evidently speaking of it as not being
an established rule or princijile; those words the
gentleman omitted. Now, sir, lo give the rule of
1756 the sanction of an established rule or prin-
ciple of maritime law as the gentleman i'' pleased
to call the regulations of 1704 and 1744, and the
rule of 1756, it was absolutely essential that they
should have been acquiesced in and formally
sanctioned by all the maritime Powers; olher-
wise they ruust he considered as mere rule?, and
cannot, by any possible construction, he entitled
to be considered as an established rule or priuci-
ple; and this, sir, is the distinction evidently lakea
by Mr, Madison between a mete rule acted upon
by Great Britain only, and an eslablished rule or
principle sanctioned bv the maritime nations. I
will, Mr. President, examine this doctrine a little
further : the gentleman has said (as I have before
staled) that Great Britain has considered the rule

the )

■f 1756
himself to
port it. 1 find,

Ql and established priae
ind this he seems desirous
lay judge from the i

.yGoogIc

HISTORY OP CONGKESS.

Dbcgmber,

of ihe mprchanis of manjr of the great towns in

the UniletJ Sialea, which were presented to Con-
gress in 1806, ibHC they differ vety greatly with
the g-enlletnan with respect to the Boliquity of
Ihe rule of 1756. In (he memorial fiuni ihe re-
spectable town of Salem, in the Stale which the
gealleinBn represents, it U expressly slated ''that
'even the advocates of Great Britain hare not
' preieodt'd to ascertain the existence of the pre-
' tended rale previoDs to the year 1756. To ihii
' period they refer for its first establiiibnient; ibey
'pretend not to quote stiy foreigQ ndjudtcalioDS
' ID {loinl, but rest satisfied that iheir own courii
' were competent to establish the law, atid to give
' it binding efficacy on all nations." Tbe memo-
rialists bowerer conceive, and rightly, thai il is
not within the authority of any nation to legis-
iaie fur the rest ; and that lo establish the rule of
1756 Bs a principle of maritime law, it must,
as I have before shown, be aeqaieseed in by the
maritime naiions. This bas not been the case —
for we God ihtit the first attempt which was made
(o carry this rnle into eflecl was against the
Dutch; who, so far from ncquie?cing in i I, pro-
tested against it in terms of the warmest reproha-
tioD ; and the first alletnpt made to carry it into
eOect against tbe United States was in 1801,
which was a decree of the Vice Admiralty Court
at Nassau, which condemned the enrgb of an
American vessel going from the United Slates to
a port in the Spanish colonies, with a cargo con-
sisting of ftrticles the growth of Old Spain. Oui
Minister at the Court of Great Britain remoo'
tlraled against thii violation of the rights of neu<
trais, and itie subject was referred bv the Britisl
Government lo ifae consideration of ttie Advocate
General, w hose report upon that subject I i
read. He says "the sentence. of the Vice Adi
rally Courl was founded in error; that il Was
now (1801) distinctly understood, and had been
repeatedly so decided by the High Court of Ap-
peals, that ibe produce of tbe colonies of the
euemy may be imported by a neutral into his own
country, and may be re-exported from thence
even to tbe mother country of such colony ; aud
in like minner the produce and manufactures uj
the mother country may in this circuitous route
legally find their way to the colonies; that a di'
reel trade not being recognised as legal, and ihe
decision of what was, or was not, a direct trade,
was a qoestion of some difficulty, but that the
High Court of Admiialty had expressly decided,
and the Advocate General saw no reason to ex-
pect the Court of Appeals would vary tbe rule,
that landing the goods and paying the duties in
the neutral country, breaks the continuity of tbe
voyage, and is such an importation as legalizes
the trade, although the gnods he reshipped in the
same vessel, and on account of the same neutral
proprietors, and forwarded for sale to tbe mother
country. This report of the Advocate General
was accepted by the British Government, ii
diately transmitted by Lord Hawkesbury I'
Eing. our Minister at the Court of Great Bt
and by His Majesty's express command, eoi
oicaled by tbe Dake of Portland, the principal

Sematb.

■f of Slate, to the Lords Commissioners
of the Admiralty, with the ioformaiion ''ibatit

was His Majesty's pleasure that ihe doctrine laid
down in the Advocate General'?! report should be
immediately made known to the several judges
of the Vice Admiralty Courts, selling forth to
(hem whal is held to be ihe law upon lhe^ubject
by the superior Iribnnals, for (heir future gui-
dance." Tbusour neutral rights were admitted
by Great Britain, and the obsolete doctrine of the
pretended rule of 1756, after a lapse of nearly
half a century, with only one attempt to revive
Is iniquitous principle, wos resisted with success;
ind ibis doctrine, by the formal decision of the
Vdvocaie General of Great Britain, and sanc-
tioned hy tbe King, was abandon>-d.

That this doctrine, which had been thus fairly
ven up, should have been since revived, lends
ly lo prove that whenever Great Bril

s her interest shal

.rr.

e it. -^he will e

id forget Tight. But, si
me most exiraorninary, that after this pretended
ancient principle of marilime law first set up
by Great Britain in 1756 should have been thus
formally relinquished by Great Britain herself,
that there should be a solitary citizen of the Uni-
ted States, and still more ihal a member of Ibis
House should attempt tosupjiort so hostile a prin-
ciple to the commerce of his own couotry; and
in order to sustain so unrighteous a doctrine, (o
offer as a precedent the mere arbiiiaty regula-
tions of an absolute monarch, and even those un-
supported by the acknowledgment of any ooe
single maritime Power.

I now approach, Mr. President, a more serioni

Eart of this subjeclj and I am extremely sorry it
as been brought into the debate; but as it has.
we must endeavor to meet it. We have been told
that the embargo law is peculiarly oppressive and
disagreeable to our brethren of the Enstern Stales,
and that whenever tbe people dislike a law, they
will in some way or other get clear of il. We
have also been told, that if this law is not re-
pealed, il will in all probability produt
This, Mr. President, is a very serio
things if the gentlemen are correct ; out, sir, in
the warmth ofargument, our feelings sometimes
gain an ascendency over our reason, and 1 hope
this is Ihe case with Ihosc gentlemen. 1 will not
between the sufferinss of
ihe East, and those ofany
of the Union — we all experience
them. But, sir, I have loo much confidence in
the patriolism of the people of those States, to
believe thai they will have recourse to any ille-
gal or vioieni measures to effect the r ' '
the '
ihai

in contending for the rights of self'governmeni,by
using coercive means lo destroy thai fair fabric,
which theuniledeierlionsof the whole people, the
lives of our heroes, tbe wisdom of our statesmen,
and the firmness and magnanimity of the great
Washington have reared for this happy country.
And now for what would our fellow-ciiizen* thus
commit their characters, and their beat iDiereats,

ir fellon

iw ; and less do I believe that Ihev will risk
high character which they so well acquired

.yGoogIc

HISTORY OF CONGRESS.

SBN1.TB.

DECBUBBm, 160S.

which DO lime or circunislaaces couli] reslorel
Wby, say ihe genltemen, to obtain a repeal of
the embargo. Sir, il is impoisible. ibut raeo su
cDtiglilened should put so much at hazard, to ob-
laJD the repeal of a law which by the comtnon
coDseot of ihe oaiion in a Consiiiutional way,
will no doubt ere tous cease to exist; aod, sir, I
tbiak it must be equally unfounded, that our fel-
low-ciiizens of the East cat), for one momeai,
seriously contemplate withdrawing from the fed-
eral Union: our interest binds ua too firmly to-
gether to admit of iuch a supposition. The East-
era and We^iiern people aie more strongly united
by a common interest than is generally under-
stood; we are entirely agricultural, and inhabit
one of the most fertile countries on the globe;
our produce, which is already very great, and
rapidly increasing, will reauire a laru'C supply of
shipping to carry it to market; that shipping our
Eastern brethren hare hitherto principally sup-
plied, and will, we trust, continue to supply.
Thus, by this union of inleresi, we find that we
are absolutely necessary to each other. The
Southern Stales also supply vast quantities of
heavy produce, which our Eastern brethren would
always hare a preference in carrying while we
coQtinued united. Bui should a separation lake
place, (whicti 1 trust and hope no time or circum-
stances tnay produce,) in that event, we should
be like two near friends engaged in a serious
quarrel, which i? always taorebilter than between
strangers; we should conceiire that our Eastern
brethren had withiJrBwn unjustly from us, had
greatly sacrificed our interest as well as their
own ; and our attachment, by which we now feel
most strongly bound to them, would, of course,
become alienated, having no longer a community
of interests to support it, which it must be ac-
knowledged has, in a political point of view, great
and decided influence. We should, of course,
seek other means and other channels, by which
to transport our commodities. The old Qovern-
ment would withal make such regntatioos with
respect to commerce that our Eastern brethren
(whose products are infinitely small in quantity
compared with those of the middle, southern, and
western sections of the Union) would lose an im-
menie portion of those benelils which ibey now
eoioy; and although they would injure us in
point of physical sirenglli, in proportion to their
numbers Co the whole force of the Union; yet,
in so great a degree, they must also injure them-
selves. Our vast importance as a nation must
■ink with this division, neither portion of it must
expect 10 have much weight in the scale of the
political world, nothing would he left untried by
the intriguing nations of the old world, to estab-
lish and preserve as much as possible collisions of
interests and discontents in our respective Gov-
ernments. Viewed in all its bearings, it excites
the most solemn consideration, one that fills ihe
heart with the most roeUncholy sorrow; and un-
der the view that I have presented, and the cata-
logue of evils that might be added, I think it im-
possible that our Eastrro bretbreu can have one
■eiious thought of involving themselves, their

wives and children, and iheir common coaniry,
in all the horrors of anarchy and of civil wxr.

Mr. PicKEBiKO spoke in favor of the re&olutioo,
and in reply to Mr. Ahderhon ; when the Senaie
adjourned.

Friday, December S.

Ordered, That Messrs. Tifpik, TuaNEB. and

Greqo, be a committee agreeably to the 22d rule

fur conducting business in the Senale-

The following motion was submitted for con-
sideration by Mr. Gaillabd;

Baolved, Th*t s committee be appointed to inqitin
whelJler any, and what, praviiion anght la be made ia
CMC of the inabilitv of the District Judge of eilber af
the ditUicts of tbe Unilad States to perform the dntiei
of bii office ; and that the; have leave to report bj bill
or other wise.

THE EMBARGO-

The Senate resumed the considervlion of tbe
motion made on tbe 11th of November, for repeal-
ing liie "Act laying an embargo on all ships and
vessi;U in the ports and harbors of the United
States." and the several acts supplemeaiary
thereto.

Mr. QiLG9 rose, and addressed the Chair »
follows :

Mr. President : I sincerely M^ret, sir, to find
myself driven again into this debate, whilst every
feeling of my heart admonishes me lo retirement.
I bincerety wish to retire, not only from this de-
bale, but from the political world. I am now
acting only in obedience to a sense of duty. I
shall, however, limit my remarks lo as few ob-
jects as may be consistent with (his ohli«ation.
They will principally relate lo facts which, in
my judgment, have been incorrectly staled, and,
of course, require correction. The first fact lo
which I shall call the attention of (he Senate, is
tbe one stated by the gentleman from Connecti-
cut, (Mr. HiLLdODBE,) and repeated by Che gen-
tleman from Massachusetts, (Mr. Pickebing.)
that the non-importation act was an obstruction
to an amicable adjustment with Great Briiaio.
Both the gentlemen have staled that Great Brit-
ain would not treat with ibis rod suspended over
her head. I assert, on the other hand, ibat she
did treat with ihis rod suspended over her head,
and that its suspension was continued at the re-
quest of the British Commissioners. Now, sir,
let us resort lo tiie evidence. This will be found
in the correspondence from Messrs. Monroe and
Pinkney to Mr. Madison. Speaking of Lord
Holland, thene genllemen tell us he said:

" That in the meantime we could state to our Gov.
eminent, what WRsonqueEtioniblj true, that Ihosewilh
nbom we were treating were diligently and anxioud;
emplojed in endcivors lo devise an atruigeineiit which
should be convenient and honorable to ua, and al ihe
same time free from improper hazard to Great Britain ;
(hat It appeared to him dut the actual pendency of
Che negotiationi here, ualeaa their ainceril; vrere die-
trusted, as he waa aura it would not be, would fiunidi
an adequate motive to CMigrees for merely postponing
'*' ~' of a law which w«i originallj a

.yGoogIc

HISTORY OP CONGRESS.

Decembeb, 1808. _______ _ _

verjr ittiuig measura, and ttoold ceiUinly, if Bllonnl
lo pi into operation it ■ moment nhen Great Britain
wai aflbriling, in tbe bee of the n otU, an nnaquivocal
demonetiation of her with to remove every ground of
miauailentaiiding between lU, acquire a chaiacter of
extremt; hanhnew; that it was greati; to be lamented
that the discnuiona in which we were now engaged
had not been lOODer begun ; but that kooning, aa we
did, to what cause the delaj waa to be aacribed, we
knew also that it waa unavoldible."

" To theae deuili we take tbe Iibertj to add out
opinion, formed upon a carefill view of tho whole sub-
ject, that it would bo propei, upon the meeting of Con-
greaa in December, to luapend the act for prohibiting
tho importation of certain articlea of Britiih minufao
tnre, lo u to afford farther tiaie for the completion of
the negotiationa which it evidentlj preanmea, and
which are now in train."

"The ground which Congreaa have taken in tllia
just and aalutaiy maaattre, we are far from wishing to
abandon ; but to inapond and abandon it, are very differ-
ent Ihinga. Tbe lut woold wound deepl; the honor
of tbe nation, and prostrate the character of the Gov-
ernment ; but the lirat is in perfect conformity with the
■pirit Bad purpose of the law. and while it would liir-
niah a sigoal proof of tbe equity and moderation of our
public councils, woold preserve uoimpaired that firm
and dignified attitude which it becomes us at all times,
but now especially, to maintain. The suapension will
be, BO far from relinquishing tbe measure or weaken,
ing its effect, that it will distinctly Imply a reaasertion
of its principle and policy, nnd an unshaken reaolation
to act upon and enforce it, as soon as negatiation shall
have been sufTicientl; and unsuccessfully tried."

OurMinislers here stale i\iil a atapetuion of
thifacl iva.s all that was reqnired by llje British
Cammi3sii>ner5. We also knov chat the Com-
missioDers of both sides did gn on In ne<;oliBte,
and that a treaty was concluded oo, without its
being once intimaled that this act formed the
smallest obstracliun to the negolialJon, or h&d
xcy inSuence in the sraallesc degree injurious to
the provisioos orthe treaty. But,sir, Ilhinkthis
act taciiitated and accelerated the negotiatioD. It
will be recollected that, before the pa^fage ol this
act, every f fiurt of our Minister lo negotiate httd
been either avoided or refused, and at the time of

riasiing the law the negoliatiun was itself enlire-
Y suapended.* After lis passage, you will find,
by BtieDdms to the correspondeiicc just read,

J.. — _?.: -'-ited by the British

the negotiations;

, , „ _._ , m their part to that

effect waa giren, to induce our Government here
to suspend the law merely to give lime for com-
pleting the negotiation. 1 cannot platie my band
on the note ofthe British Com tnissi oners request-
ing tbe American Miniiters to furnish them with
a copy of the act { but in that note, lo the best of
my recolteclioi), may be seen the real cause of
the aniiety of tbe British Commissioners for the
further suspeasiou of that act. It was the Inju-
rious effect the measure was calculated lo have
upon tbe commerce of Great Britain, if it once
should go into oper&tiou ; and it was this ibey

* Sa« note at the end of the speech.

Sen ATI.

every dispositiou was n
Cora mission ets to acci
and every pledge of sine

were anxioui to prevent. This act appeiita to
have berD viewed by tbe British Commisiioner*
precisely in the light in which it waa seeti here
by the favorers of the measure. Its character and
operation answered every expectation. It pro-
duced a treaty ; and I regret, sir, that the provia-
ioDS of tbe treaty were not such as to jusiiry its
ratification. I am aware the gentleman told d*
that be paid but little respect to the represeula-
tioos of our Ministers; but, sir, they certainly
ought lo be respected, or we ought toabaudon ih«
poacy of having Ministers at foreign Courts. In
this case, however, there was the leas reason for
disrespecting their commuDicationa, because they
have been lor some time published, and neither
disretpected nor contradicted by the Biitish Coia-
missioners. In this case loo, sir, it Is not neces-
sary to resort to this evidence exclusively in proof
of this fact. It is proved by the noiit of the Brit-
ish Comtntsuoaers, read by the geotlemBii him-.
self. Let us review that note, and see what in-
formation it gives :

" 8»TI>BIB 4, ISOS.

" On a (illl conaideration of Uut act, ne think il
oar duty U eipreas our earnest hope and eipectation
that name meana may be found to suspend the execu-
tion of a measure so opposite, in its temper and ten-
dency, to tbe disposition and views with which onr
pending negotiation has been commenced and is car-
Here, sir, is a request merely lomapendlhe ex-
ecution qfthitactf f'C., which is the only rod that
gentlemen complain so much of here, but which
was no further complained of by the British Com-
missioners. The true reason of their anxiety for
this suspension I have before slated. Now, sir,
bow does this fact stand? Wbv, that ihe British
Cotomisaioners did treat with this rod suspended
over their heads ; and, so far from its having had
atiy injurious inQuence on the negotiations, it
probably had a beneficial one. Tbe gentlemen,
then, are utterly mistaken in this fact. For, sir,
whether it touched the pride or affected the sen- .
sibilily of Great Britain or not, she uoquestinntt-
bly did treat with the same rod suspended over
her bead.

The next subject I shall mention is, the attempt
to reproach the President for his instructioDs re-
specting the impressment of American seamen.
Thb is an attempt, sir, which really excited m]r
astonishment. Let un critically examine the cir-
cumstances under which these iostructions were
given. The basis of our late negotiations at Lon-
don were laid in the Senate. What did the Sen-
ate say lo liie President upon the subject of the
impresamenl of American seamenl Let me read
a pari of tbeir resolution upuo that subject: '' and
' to enter Into such arrangements with the Brit-
' jsh Government on this and all other differences
'subsisting between the two nations, (and par-
< ticularly respecting the impressment of Ameri-
' can seamen.] as may be consistent with the
' honor and inieresis of the United Stales, and
' manifest tbeir earnest desire to obtain for thent-
' selves and their citizens, by amicable negolia- ,
' lion, that justice to which tliey are entitled."

.yGoogIc

HISTORY OF CONGRESS.

Senate.

Decembbr, 1808.

Here, sir, we find ihe Seunre, DOl content with
iDlermingling the safety of our seamen witll the
other olijects oT the reaolulion, manifest a lauda-
ble solicitude upon tbii subjecl, by calling the
President's attention lo it in a special iDanoeT,
" and particularly respecting the impressroeni of
American seamen," say ibe Senate, and both these
gentlemen voting in favor of the resulutioD ; and
DOW, when instructions are ^ivea in strict con-
forroity with ibis special injunction, the geatle-
men come fomard with the moxt indignant re-
praaches for ibis conduct. The ground of ob-
jection is slated to be, that the President instruct-
ed our Ministers lo insisi that the American flag
■hould protect all persons sailing in /act •under
ila protection ! when the gentleman from Massa-
chusetts, (Mr. PiCKEHiNaJ with an irrascibilily
of temper the most wonderful, tells us that the
President kntai that the British Government
would not accede lo the propo^^ition; and then
■scribes to the President the unworthy motive of
intending thereby to defeat the objects of the ne-
gotiation, [t is ndkessary to restrain the feel-
iBgs in replying to this groundless and unworthy
IDsinualion, But, fir. Twill tell the gentleman
that the President kiteis no such thing; that the
gentleman himself knew no such thing, until the
experiment was made. Indeed, there wasnolime,
during the npgotiation, when there was a great
probability ibat it would succeed. But, sir, whe-
ther the proposition would succeed or not, the
President, acting upon the recommendation of
the Senate, and particularly of this very gentle-
man, was bound to make the experiment; espe-
cially, sir, when he offered the British Commis-
■ioners to make their own terms for securing to
tbeniselven the service of their own seamen. But,
air, why not make Ihe propo:iitioD? Is it because
it is not our right 1 Is il because it is nut ws\ 1
Mo; that is noi pretended; but because Ihe Pres-
ident knea that the British Oavernment would
not accede to iheproposiiion, Just or unjust. Now,
air, for one, I am not disposed to indulge ibe Brit-
ish Oovernment in this capricioua outrage upon
our unqut^stionable rights. But, sir, the Presi-
dent was bound lo make the experiment, and was
bound never lo admit the British pretension, if
he thought that the only arrangement competent
to the protection of American seamen from im-
pressment. Yes, sir, and if the President had
given no instructions upon ibis point, this same
gentleman would have been as liberal in his re-
proaches as he now is, and they would have been
much more merited. This aini;ular freak of pas-
gentleman from Connecticut (.Mr. HiLLUonsE)
gives me great credit for my candor, in ascribing
Ihe commercial prosperity of the United Stales
to the British Treaty, The gentleman is entirely
mistaken in this statement. I admitted the fact
of our commercial prosperity, but I ascribed it lo
il« proper causes, towii, the encouragements giv-
«tt lo it by the Government, and the enterprise
«Dd talents of our frllow-citir.ens. I am willing
40 admit that the British Treaty had not so bane-
ful an effect upon society as to have prevented

ihis commercial prosperity; hut it is the last
cause to which, I Ihink, it can properly be attri'
buled. If, however, sir, I had really been con-
vinced, or supposed thai the British Treaty had
been insirumenial in producing that effect, I
should have no hesitation in admiiiine ihe fact,
notwithstanding my opposition to it. I am verf
far from deeming my opinions infallible; I hare
often eiperienced their fallibility ; and whenever
I shall be convinced of an error. I shall feel no
diEGcuIiy in avowing the conviction.

The next circumstance to which Isball advert,
is the extraordinary suggestion that the embargo
is intended to be made permanent. This is a moat
singular notion, and nothing but the respect I feel
for the candor and sincerity of the gentlemen
who suggest it, could induce me to believe that
they are in earnest. I really before thought, Mr.
President, it was merely what I should call an
electioneering watch-word. I never expected
that it could have had any operatioo beyond Ibe
electioneering ground. No sir; the embargo is
not iniended to be permanent. But, sir, let ua
wait a little while, before we make ourselves
bloody in the wars of Europe. Let us have s
lilile patience, a little self denial. I am as much
opposed to a permanent embargo as either of the

?entIemeB from Massachusetts or Connecticut;
think the idea perfectly absurd. I am as readf
to fight for the birthright of the ocean as either
of the gentlemen. But, sir, I never will consent
to raise the embargo until some measures shall
be substituted better calculated to assert and main-
tain our national right* and national independ-
ence— measures of more activity and more ener-
gy. J am uoi ceriai[>, sir, that this is not the time
for their adoption ; but, sir, no great mischief can
arise from waiting a little longer ; waiting events
in Europe now in a stale of rapid succesiion.

The next fact suggested which I shall notice ia,
that the embargo has arrested and destroyed com-
merce. 1 ihink very differenily; I Ihink it haa
been, and still is, a shield Interposed for the pro-
teciioQ of commerce. French edicts and British
Orders would have destroyed commerce; but Ihe
embargo, 1 hope, has sa.Ted it. It is very easy to
say that the embargo destroyed commerce, be-
cause it was (he act immediately preceding its
snspension, and is easily resorted to as the proxi-
mate cause; but ihere is such a thing as an ori-
ginal or prirniiive cause: this was the French
edicts and British Orders. These would hare
caused its entire destruction ; but they caused the
embargo, which caused the suspension of com-
merce, and has, I hope, shielded it from destruc-

The gentleman from MaEsachusetts (Mr. Pick-
ebinq) has taken great pains to show that the
Orders of Council had no influence in producing
the embargo laws. I ihink this circumstance of
no sort of consequence to the community, but the
gentleman eeems to think it is of the last import-
ance to himself individually. It probably is; I
suppose he stands committed lo the public upon
that fact. I was not present at the time of pasx-
iDg the Grsl embargo law; but the genilemaa'a

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HISTORY OF CONGRESS.

218

December, ISOS.j

Senate.

labor has perfectly eoDfioced me that he is ut-
terly mi:'ralfeD in ihe fact. Let me critically ex-
mmioe the gentlemaD's evidence. First, be says,
that the Orders arc not ineclioDeJ la the Presi-

Message for the causes of the embargo laws. I
hare examined ibe President's Message, and think
it perfectly correct, ibe geaileciiBti's angry invec-
(ires to the contrary notwithstanding. I do not
belicTe the genitemaa could now frame as good
a on«, after al! the lights which time and a far-
ther disclosure of events have shed upon the sub-
ject. Permit me now, Mr. Preiident, tocall yonr
attention in a particular manner to the coDlenls
of this Message. "The communications now
' made, showing the great and increasing dangers
' with which O'Jr vessels, our seameo, and mer-
* chaiidise, are thrralened on the high seas and
' elsewhere from the belligereul Powers of Eu-
' rope, and it being of the greatest importance to
' keep in safety these essential resources." &c., &c.
Now, sir, what were the communications accom-
panying this Message? Tbe correspondence be-
tween Mr. Armstrong and Mr. Charapagny, show-
ing that the Berlin Decree was in a slate of exe-
cution, which had before been su.spended in its
operation in relation to the United States. But,
says the genileman, no papers were communica-
ted respecting these Orders of Council, and, there-
fore, the gentleman infers ibat no opprehensioa
existed which could influence this transaction.
I draw a very diSerenl inference from the Mes-
sage j'lself. I presume the communication of this
hostile ac I of France, so immediately after it was
known to the EsecuLire, and avoiding a direct
reference to the apprehended hostility of Great
Britain, could not be conceived to be an act of
farorilisiiD towards France. That some hostile
act from Ortyit Britain was in contemplation, is
most evident from the Message itself. From
what quarter does the Message savlbat great aad
increasmg dangers are threatened to our vessels,
our leameo, and merchandise? From the bellig-
erents of Europe. Here is no eiception. Tbe
belligeTeuts of Europe mean all the belligerents.
If the President conceived there were no dangers
threatened from any other quarter than from
France, be would have aoed the term France,
not the belligerenit of Europe. But why com-
municate the evidence of bis apprehensions from
France and not Great Britain, if he entertained
any ? Why, sir, for the most obvious reason im-
aginable—because the information from France
was official. The information from Great Brjl-

It ^

... jewspapers

only, which were in the bands of every gentle-
man, and their contents every gentleman could
appreciate as well as the President. Now, sir,
under these circumstances, was not the Message
of the President perfectly correctl Let me ask
the gentleman if he can now mend it? If, sir,
the President, in his Message, had communicated
this newspaper information resiiecting the appre-
hended hostility of the British Government, what
a glorious theme of invective would have been

afforded the gentlemen of favoritism to France

and hostility against Great Britain 1 The omis-
sion, however, to do this, could not screen the
President from the same angry reproaches. If
ttie gentleman will impartially review all these
circumstances, and then turn his eyes lotvards
his own heart, he will find that the errors he has
so uncharitably ascribed to the President will be
found in his own unhappy, ungovernable pas-
sions. But,Eir, thisis not all. I will now refer
the gentleman lo some evidence to show (he in-
correctness of the assertion he has made — evi-
dence which he cannot deny, because it comes
from his own words, and was attended with such
circumstances, in the face of thin Senate, that it
cannot be mistaken. In the gentleman's passion-
ate zeal yesterday, he told as that no lime waa
allowed in the Senate for the discussion of the
original embargo law, but that it was discussed in
the House of Representatives; and the principal
arguments urged there in favor of the measure
were drawn from the hostile acts of Great Brit-
aio. The gentleman said that it waa urged in
that House that the measure would starve Great
Britain ; that It would bring her to our feel, dtc,
dtc. Now, sir, why these arguments in thai
House, if there were no apprehended acts of ho»-
tility from Great Britain? They would have
been strange arguments, if the only hostile acts
inducing the measure were the hostile acts of
France, not of Great Britain.

[Mr. PicKEBiNQ rose to explain. He said he
mentioned these circumstances yesterday to show
the effects expected from ihe measure by the
friends of it, in which tbcy bad been mistaken.
He did not speak of them as inducements to tbe

i readily admit that the gentleman, at the lime
of making these ohservalions, was entirely insen-
sible of their irresistible operation in esiablishing
a fact, which he thinks ^o important lo himself lo
disprove; and in my judgment, sir, they do un-
questionably prove that ihese British Orders, or
the apprehensions of them, stood in the front of
the inducements to the origiuaL embargo law.
Sir, were not these arguments In the HoDse of
Represenlalives immediate results from these in-
ducements ? Why, sir, thai although the Ordera
were not received in such an official form as to
justify their communicatiou by tbe President,
the intention to issue them was announced in the
newspapers with so many marks of probability
as justly to excite apprehensions in the Govern-
ment for the safety of out seamen and commerce,
and to justify the measure for the protection of
both. It has been proved, not only that this iD<
formation was published in newspapers befora
the passage of the act in Ihe Senate, but the gen-
tleman will recollect that it did not pass ihe
House of Representatives for two oi three days
after it bad passed the Senate. It was, therefore,
very natural thai tbe longer these apprehensions
were fell, tbe stronger would be the iuducementa
to the measure deduced from ihem; and hence
the character of tbe discussions to ibat House
described by tbe gentleman. But tbe gentleman

.yGoogle

HISTORY OF CONGRESS.

Senate.

Decebiber, ]

■eema lo think thai appreheaiioni are not correct
giounds fur legislatian. In ordiDary cases, it is
admitted; but ihis wan an extraardinarjr ca^e.
The measure wai iirecautioaary, and if the«e ap-
prebeasions had not been realized, it would aLaoy
lime have been in the power of the Government
to dispense with the prosecution; whereas, if
Congress bad waited for a formal aurhenlication
of the Orders, their intended object would have
been answered, and the preeaotionary measure
rendered unnecessary. But, sir, 1 think this ex-
planation of very little consequence (u the na-
lioD. It can be of little consequence to ascertain
whether the adoption of the embargo was a lueky
hit or a dictate of wisdom; and I should not have
taken the trouble of this examiaatioo, if the gen-
tleman from Moisachusetis (Mr. FickgrinoJ had
not availed himself of this occasion to assail the
reputation of his iate colleague, (Mr. Adams) — a
genlleman who represented the Slate of Massa-
chusetts with so much honor to himself and ad-
vantage to the State and the nation; upon a point,
too, in which the gentleman here present has put
himself so clearly in the wron^, from his own
tihowing. I had hoped, Mr. President, that the gen-
tleman would have BO far restraiued his feelings
as to have permitted this gentleman's retirement
to have shielded him from these unmerited re-
proaches; but it now seems that no delicacy of
aitualion can procure an exemption from the in-
veteracy of the gentleman's passions. Thiscruel
attack has imposed upon me an indispensable oh'
ligation to defend this absent gentlemio ; and it
has been principally this circumstance which has
driven me again most reluctantly into this debate.
Sir, 1 can attest, and now do attest, with ereet
pleasure, the disinterestedness and purity of the
motives which dictated that gentleman's (Mr.
Adams) lite political conduct. As to its wisdom,
that is matter of opinion, and now in a course of
experiment^ but as to bis exemption from all
views of personal promotion or aggrandizement,
I here assert that fact, upon my own knowledge
"ind my own responsibility,

under oiroamsiances which render their sincerity
unquestionable. It gives me great pleasure to de-
fend this absentgenileraBn, not only on account of
bis innocence of ibeae reproaches, but on account
of his merits, his virtues, and his talents, which,
in my jud^ent, place him On so high a ground
as not (o induce a wish, on his part, to shrink
from any comparison with either of the 6ve wor-
thies of Massachusetts, of whom we have been
informed by the gentleman, (Mr. Pickeeiino.)

Permit me now, air, to proceed with the dis-
cussion. The gentleman from Massachusetts
(Mr. PicKERiNo) proceeds to tell us that Mr. Rose
was sent here as a messenger of peace ; that he
brought the olive branch in his hand, but that it
vrai designedly refused by the Adtninistration,
and of course a subject of serious reproach and
jamentatjon. Sir, I do not know what Mr. Rose
brought in his hand; he never would tell theGor-
it what he broDght. But let me ask the

gentleman what he left behind him? The gen-
tleman has furnished me with bu apposite figure.
He left behind him a. rod in pickle for us. He
Itfl behind him these very Orders of Council,
which were designedly concealed from him, al-
though they had been long deliberated upon, and
were matured before he left London ; and were
actually issued almost as soon as he lost sight of
the land. If, therefore, he brought in hit hand
the olive branch, he certainly left concealed be-
hind him. the bcourge of our commerce. Yes,
sir, it was the besom which was intended to sweep,
and would have swept our commerce from the
face of the ocean. And the gentleman tells us,
in a tone of lamentation, that when Mr. Rose ar-
rived here he was met by the embargo. Yes, sir,
the judicious vigilance of the Government had
saved our commerce from the destructive influ-
ence of these concealed Orders of Council. Could
you have supposed, Mr. President, that this would
have been a subject of lamentation to any Amer-
ican citizen 1 (Jould you have supposed, sir. that
it could have been made the subject of reproach
against the Administration? Gould you have
supposed, sir, that the most jaundiced passions
could have deluded any American citizen so far
as to commit himself upon such a charge 7 Sir,
we differ so much in our facts, that it would be
more wonderful if we should agree than differ in
our conclusions. Is there a gentleman here, sir,
prepared to say that (his is not a correct sUte-
menlof fact;? And if it is, what is the result 7
Why, simply, that Great Britain had, in the most
insidious manner, issued orders for the entire de-
struction of our commerce, and that our Govern-
ment had com^ileiely disappointed their iniqui-
tous object, by interposing the embargo for its

But, sir, the gentleman, not content with the
profusion of his invectives againsbthe Adminis-
tration collectively, and the absent gentleman,
whom I have defended with great pleasure, has
directed his bitterest resentments against the Sec-
retary of State individually. He, sir, has ventured
to accuse the Secretary of insincerity in his di-
plomatic correspondence: Permit me to tell that
gentleman that the Secretary of State is incapa-
ble of an act of insincerity, either as a man or a
politician. The geniftman, himself, sir, has been
Secretary of State; and, even in the frenzy of
his passions, it is wonderful to rae that be did not
see that he was forcing himself into a most dis-
advantageous comparison. I think the instances
of insincerity he has quoted partake nothing of
that character. I think them perfectly proper,
the gentleman's angry criticisms to the contrary
notwithstanding. Let as attend particularly to
the instances quoted. The first is, that the Sec-
retary had told the British Minister that the Ber-
lin Decree, so far as it professed to place all the
British isles in a stale of blockade, was an einpty
menace. Now, let me ask the gentleman if that
was not, and is not, the fact? I believe that no
gentleman is more' strongly impressed with the
truth of this fact, nor rejoices ihore in its truth,
thao the gentleman himself. But the gentleman

.yGoogIc

HISTORY OP CONGRESS.

Sehatb .

infers, if ihis decree was a mere emply menace,
I respects the blockading ibe whole British

isles, it could not furaish ... ,
measure of tht; embargo. I differ enlirely with
ihe gentleman in his inference. The Berlin De-
cree, after il was put in a state of execution
against the Uoiled Slates, would operate very
differently upon the defenceless American com-
merce spreail along ihe French coast, from its
operation as forming the blockade of the British
isles; and therefore would be, as it in fact wa^
an einplv menace in that case, whilst il would
have a most serious effect in the other, and would
eeriainly furnish a just induceraent to the Oot-
eroment for the protection of Ihe exposed com-
merce of the United Slates. Here then, sir, I si/e
a perfectly correct sentiment, without any mark
of insinceriiy about it.

But, sir, the gentleman has brought into view
another act of insincerity. Let that be alao ex-
amined. The gentleman complains that our
Ministers in London were instructed to tell the
British Minister only of the precaulionary object
of the embargo laws, and of course leave their
coercive object to be inferred by the British Min-
ister. This was both polite and proper. It was
an instruction to our Ministers id fact to avoid
touching the sensibility of the British Ministers
and nation. What wonid the gentleman have
done himself, sir? Would he, because (here were
two objects in passing the law, have instructed
OUT Ministers to have pressed both upon the Brit-
ish Commissioners, althous(h one of them would
have toucded their nationai pridcand sensibility ^
Tin's was Linnecessary, aofl would not have been
very urbaeie. It would have been an outrage
upon every principle of diplomatic delicacy. I
cannot, thprefore, see the ground of objeciion to
this InslmctioD, unless it is. that the Secretary of
Slate has not taken the gentleman from Massa-
chusetts (Mr. PicKERiKo) for his model ; thai he
had not resorted to some of the gentleman's bold
metaphorical flourishes ; that be did not instruct
our Minisirrs to tell the British, "that the tiger
crouches before he leaps apoo hie prey." Yei,
sir, I am extremely happy 1o behold the striking
con I rasl exhibited between the former, and present
Secretary of State ; a contrast so highly honora-
ble to the present Secretary. Indeed, sir. I am
the more Bsioni%lied at the gentleman's driving
lis into the comparison, so unfortunate to himself,
when he must know, or certainly ought to know,
that his own inveterate pansions utterly in cap a-
ciated him from the discharge of the duties of
thato£Bce,8nd (iaally expelled him from it. The
gentleman seems to be still harping upon the
miserable isle of French inSuence. I suppose he
also, unfortunately siands committed upon that
idle suggestion. Sir, insinuations of this nature
are degrading to the naliona) character; and I
always feel a condescension in being compelled
to moke a reply. Indeed, sir, it is necessary to
imposeslrong restrainta upon the feelings in mak-«
inc the reply the suggestjon deserves.

But. sir, the gentleman is so intent, I suppose,
upon bis own self-justification, that he ha* man-

ifested great labor and ingenuity in making a col-
lection of scraps from the numerous documents
before us ; from which he has attempted to infer,
not only that the Executive Depariraeni was act-
ing under French influence, but that this hono-
rable body was also acting under the same infla-
encej yes, sir. the body of which the gentleman
himself is a member. Yet, sir, the gentleman
knows, notwithstanding bis jealousies, his sur-
mises, and bis inferences, that il is impossible;
thai the fact is not so. Let me ask that gentle-
man, if he is prepared to say in his place, that any
one member of this body, or that this body itself,
Is acting under French influence, or any itn proper
inSuence ? The gentleman must have loo much
respect for himself lo make such an unfounded
assertion. Why then, sir, all this labor at sur-
mise, suspicion, and inference ? Heave Ihe gen-
tleman to answer this question. Equally un-
founded are the miserable intimations towards
the Executive,

Let me ask the gentleman, through what chan-
nel his unhappy, suspicious mind has taught him
to suppose, thai these dark, ihcse invisible nego-
tiations could be carried on 1 I suppose he would
necessarily reply ihroogh Mr. Armstrong, our
Minister in Paris. Yet Mr. Armstrong haslslelv
retrieved himself entirely from the genlleman's
delusive suspicions. We are now told, Mr. Arm-
strong is a patriot; follow his advice. Again, sir,
let me ask the gentleman, if he has heard any
apology for the hostile conduct of France, either
in this House oranywhere elsel Has not every
person declared, that their conduct was hostility it-

suspicions, or assertions, if he pleases,
of French influence, as operating either upon the
Executive, or upon this body, I here in my place
do pronounce the whole to he utterly unfounded.
But, sir, the gentleman boldly says, there is some-
thing concealed. I really should like to know
what it is that he supposes can be concealed. I
should really like lo know, what wilchcraft it is
ihathascontiaually tortured the gentleman's mind
with theieunh8ppy,fantastic delusions. No,sir,
there is nothing concealed ; there is loo much ex-
posed; for, sir, in the present whirlpool of inor-
dinate passions, all honorable confidence seems to
be disrespected. I will not accuse ihis gentleman
of actingunderBritish influence :* 1 feertoo much
respect for the American character lo do so. I
hope and trust he is not. I am willing to admit

that

It not deter me from expressing my
wonder and astonishment at the extrordmary
views that the gentleman lakes of American in-
terests; flrst,in the unremitting labor he has taken
10 put his own Government in the wrong upon
every point of discussion between il and tne Bri-
tish Qovernment; and in bis slraoge misrepre-
sentation or total disregard of facts; of outrages,
sir, upon our dearest rights, by the British Qov-
ernment; outrages which ought lo ronse every

* Bu Qota at the end of the ipoech.

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HISTORY OP CONGRKSS.

Senate.

Decehbeh, 1

Americao feeling inloactioD. Secondly, in (he
ComparaliTe view he has labeo of llie hosiile acta
of France aDd Great Britiiio. Sir, he has used
every effort to magnify, if possible, French ag-
gressions; whilst he has faintly ad milted British
aggressions, and even palliated or excused them.
Let us DOW see, sir, what is the (rue characier of
aggressions which are treated with so mucb ten-
derness 1 Sir, I raid the other day, and I have
not heard it coniradicled, and 1 say again to-day,
that Ihe British Oovernmenl seizes and confiscates
OUT vessels engaged in a lawful trade; that she
has attempted, by an act of Parliament, to colo-
oize and (ax us ; ibnl she has in the same manner,
undertaken to exerciseactsof nationalsovereignty
folemnly given by (he people (o Congress; that
ahe has undertaken to exercise an act of legisla-
tion ovet the people of (he United Slates refused
to Congress, and retained to thetn^elves In their
highest sovereign capacity. Are these facts de-
nied? No,sir; if true, tetme askihegentleman,
what can be woisel what can be more injurious
to our interests, or deroj;alory to our national
character f what can the French do, that is worse
than this? Nothing, sir, these acts form the cli-
max of outrages. But, sir, the gentleman (ells
03, that the French Emperor has said, there shall
be no neutrals, 1 do not know whether he has
nsed that identical expression or not. I believe
it is not the expression in (he paper (o which the
gentleman alludes. But, sir, suppose it is ; what
tbenl Is the gentleman so ready to obey the
mandate of the French Emperor, as to lake part
in ibe war, because he orders him lo do so Idid
not think the gentleman would take the yoke so
quieily. In effect, both Great Britain and Prance
have said, there shall be no neutrals; and I care
nothing for [he form of expression. The first dec-
laration to thai effect, which I have seen, is con-
tained in the polite note of Lords Holland and
Auckland, attached to (he late unratified treaty.
The language in effect is,if you do not make war
on France, we will tesetre tu ourselves the right
to make war on you, according (o this treaty of
amity and commerce. But, sir, these two great
belligerents command ut lo lake part in their
wars; are we bound (o obey (heir cruel mandates?
Are we to abandon the right of judging of
own interests and policy? I am disposed (o think
they will ultimately duve us into their wars; '
let us keep ou( of ibem as long as we think
own interests and policy require the recession
The gentleman from Connecticut (Mr, Hi
hodbe) nas altemn(ed to place our situation i
ludicrous poioi of view ; he asks how are wi
figbl at triangles? Are we lo fight France and
Qreat Britain at the same (ime? Why,sir,'''
is the very circumstance which increases
embarrassments. Ii is a situation perfectly n
and unexampled; and distinguishes it from all
the cases put by the gentleman as analogou!
i(. A( every other lime we have had but one
rersary ; if we had but one at this lime, there
would he no dilEcully in the choice of measure
but having two at (he same (ime, and both
formidable, presents an unexampled difficulty

the choice of measures ; and is the strongest ar-

ent imaginable in favor of the position we

assumed. Thiis sir, is made more evident
by (he gentleman's illus(ration. The genileniaa
.ys, if two men were to attack him at the same
me, would he ayoid (he combat until he
luld get one by himself? I presume he would,
he were a man of prudence ; especially il eiiher
of them were a full match for him ; and he knew
the moment he set on one, the other would set
on him, and tear him Co pieces. 1 ihiak, under
such circums(Bnce9, a dignified redremeni would
be at least as honorable as being tumbled in the
dust; and would certainly he more the dictate
of prudence and wisdom. It tlieTrfore appears
lo me, that (he gentleman's illus(ralion is an ex-
tremely happy one, to justify the position as-
sumed by Che United Slates, under ihe peculiarity
of iheit difficulties.

The gentleman from Massachuseils, (Mr.
Lloyd,) 1 presume with a view of showing ihal
out supply of provisions can be of little conse-
quence lo Great Britain, has favored us wtiii a
statement of her annual consumpiion of grain,
and our annual exports. The annual con»ump-
lion of Great Britain he stales at one hundred
and fifty millions of bushels, and our whole ex-
ports at seven millions. 1 am willidg to take bis
esUmate, although our whole ex porls are proba-
bly much more. From this statement, the gen-
tleman seems io infer, that (his small sum can be
uf hut little consequence in a maiket requirioe
this enormous consumption, 1 draw a very di^
ferent inference from these data given by ihe
gentleman ; and I am Ihe more disposed to ex-
amine ihis point, as I have ofien heard the same
inferences drawn by others. According to lliis
siateraent, if Great Britain should raise barely
enough for her own consumption, excep( seven
millions of bushels, and i( is probable she will not
exceed (bis product ihe present year, she would
want a supply for her whole jKipulation foraboie
a fortnight in the year. This would be a serious
deficiency ; and to appreciate my argument, the
gentleman should first make tUe experiment uf
starving a fortnight ; aod I think, before the ex-
piration uf that lime, he would be willing to ad-
mil there was some force at least in my argu-
ment. It would be ihe same case wilh a nation,
if ihe scarcity operated equally^ and upon every
individual in'the nation, at ihe same time. But
that is not the way in which a scarcity does ope-
rate. It operates by raising the prices of grain,
and thus excluding those from the use of it, wbo
have no money lo buy. In the event of a scar-
city in Great Britain, Mr. Canflfng would prob-
ably not have a dish less to hia table on that ac-
count, whilst the poor would suffer for the want
ol bread. As the scarcity increased, the greater
would be ihe numbers excluded from the use of
bread ; and ihe slock in che nation would be ex-
clusively consumed by those who had the means
|of purchasing a proportion of it. This would be
the course of things as long as (he order of so-
ciety could be maintained, and the Kufferiug pour
compelled to bear iheit hard fate. Butj sir, if

.yGoogIc

mSTORT OP CONGRESS.

Decgubeb, 1808.

this qaaotitr of proTisious should be wanied in
Greac Britain ibis year, and it cannot be obtained
loywhere, but from Ihe United Slates; and if
the want of it should drive the prices very bigb,
and bear of eoorse with great severity upoa the
tafferiDg poor; would not these circumstaoces
(loDe furnish strong iLducements to Great Brit-
ain to relax her orders, and to do us justice 1 To
do ns justice, did I say, sir 1 No, sir, to do us half
jiuiioe; weilo not require more than half justice
at her hands.

If the sufiering poor could be apprized that the
deficit of prorisiona coqM be made up by open-
ing an intercourse with the United States, and
that this depended upon the pleasure of the Brit-
ish Cabinet, would there not be strong represenl-
atiooi to them to relieve the suflerin^t poor, when
nothing but an met of half justice would be ne-
eessary to effect the object? Under such a state
of things, the Cabinet could not withstand the
representation* of the people. May we not hope
then, sir, if this should be the state of things in
Great Briiain during the present year, that tliese
appeals to her intereit will not be unavailine?
But, sir, I am ready to admit, that I derive tne
less eonsolalion from this hope, from the appre-
hension that if even a relaxaiion of these orders
should take place in consequence of any coerced
state of things in Great Britain, the relaxation
would be but temporary; and the moment the
pressure ceased, the hostile measnres would be
resumed. Since Great Britain has become in-
toxicated with this extraordinary project of re-
colonization, I verily believe we shall ania have
to fight her ont of it; and I am inclined to think
that now is as good a time for the contest as wa
can expect in any future time. But, sir, we are
told that this subject his a commercial as well as
a political bearing; the commercial must cer-
tainly be a aabordinate one. Let me, however,
bestow a few thoughts on its commercial bear-
ings. I mean no disrespect to merchants ; but
upon this subject I do not think their statements
oDght to be confided in. I am sure they will ei-
cose the observation, when I tell them that I was
taoght this lesson at the time of laying the former
embargo, by one of the most respectable mer-
chants in the United States ; and inen a Repre-
sentative in OoDgreas from the city of Philadel-
phia. That gentleman then told us, that upon
the question of an embargo, the information of
merchants was not to be relied upoa ; that, with-
ool imputing (o ihem any improper motive, iheir
itaiementi would necessarily partake of their
calculations of their own particular interests.

The gentleman from Massachusetts (Mr. Pick-
mHa)bas favored us with meieantile informa-
tion from the insurance offices at Boston and
Saiem, as well as information from some of his
respectable mercantile correspondents. I am wil-
ling to respect this species of information as far
as it extends and merits attention; but, sir, it
does not contain all the information I want ; and
a* little as I know of mercantile principles, I
know that it is essentially erroneous. Sir, the
utformation from the insurance offices does not
lOtb Cos. Sd Sks>. — B

extend to all the objects it ought to embrace. I
want to know in the first place, sir, if we repeal
the embargo laws, without any substitute, and
agree to trade under the British Orders in Coun-
cil, what would be the premium of insurance
upon our national character and national inde-
pendence 7 This Important article of barter seems
to h&ve escaped the attention of the ofEces alto-
gether; whereas it appears to me to be the pre-
vious question. All others sink into insizniS-
cance before it. Sir, cent per eeot. would not
insure ihem. The policy must be made upon a
calculation of a total loss. The insurance could
not be dooeupon these essential articles of barter,
in all the insurance offic'es in the United States.
Now, sir, as these are articles which I hold with
others in trust, I can nev^r violate the sacred de-
posits, or put it at risk, until I deem the policy
perfectly competent to cover the loss. Again,
sir, I wish to know the premium against the Brit-
ish Orders in Council, upon a voyage to France,
or anywhere else, where an American vessel may

S) under the protection of the laws of nations?
ent pe^ cent, would not insure in the exercise of
this right; and for one I would rather fight for
it than abandon it. A(i;ain, siq what would be
the insurance against French captures to Euro-
pean ports, in case the embargo were raised'? It
would be difficult to milce a calculation until
some experiments should be made. The reason
of the low insurance now is. that the French
have no inducements to Hend out privateers to
depredate upon our commerce as long as the em-
bargo restrains it within our port^; raise the em-
bargo, and the temptation to plunder would fill
the ocean with privateers. The commerce would
stand little chance to escape the plunderers.

These observations are sufficient to show, Brst,
that the information from the insurance offices
does not embraceall the articles of barter we have
in the market ; particularly those of ihejirtl ne<
cawity. Secondly, that the policies upon most of
the articles embraced by it are calculated upon
incorrect principles, and not adjusted to the state
of things which would exist upon raising the em-
bargo without a substitute. Forther, sir, with
my iiitie knowledge of commercial details, I will
venture, without the fear of contradiction, toque*-
tion the acenracy of the information fnmi&hed bf
the gentleman's respectable commercial corres-
pondent (Mr. Thorndike.) I am willing toad-
mit, sir, that he is, as the gentleman describe*
him to be, a raerchaot of ihe first respectability j
' as such I respect him; but I cannot, in all
ts, subscribe to his mercantile information.
_ ...11 mention only two points in which he is
evidently mistaken, and they will be important
enough to vary the whole aspect of the calcula-
lie has made, as to what trade we could
carry on under the Orders in Cotioeil. First, he
ha* made a calculation of our trade to Great
Britain upon the usual prices of American articles
in British markets. This is an extremely incor-
rect standard of prices; because, if all American
articles were driven into the British market, and
excluded from the markets where they are coif

.yGoogIc

HISTORY OP CONGRESS.

Senate.

DECEMfiER, 1808.

Bumed, ibey would bear no price at all. The;
would not defray eipensea. Take the article of
tobBCCO.for inslauce. The United Stales export
upoD an aTcrage 75,000 hogsheads; of which
Qteat Britain consumes 14,000. The rest are
exported to the European Contineat. What
would be the price of an article, when there is
fire times as much at market a» is wanteii for
consumption, or for any other use? The raer-
chaqts examined before the House of Commons
ananimoualy agree, that this article would not
defray expenses. Tbey hare not only sworn to
this fact, but I would ask, if it is not the dictate
of common sense, and the common result of every
principle of barter 7 The^ame remark would ap-
ply to cotton and rice, and other American arti-
cles ; but, perhaps, not in the same degree. As
lo cotton, I am perfectly conrinced from the im-
mense and increasing quantities of that article,
raised in the United States, the onlv way to keep
up the price is to keep open all the markets in
the world where it is consumed. Theeentleman
also includes in his estimate exports to iLe French
West India islands. They aro now in a state of
Strict blockade, and of course the whole of this
item ought to be expunged. There are probably
Dtber material errors ; but these of themselves are
sufficient to vary the whole aspect and bearing of
his calculation. Indeed, sir, I am of opinion tliai
little or no commerce could be carried on under
(he conflicting orders and decrees. All these cal-
culations are made upon the assumed principle,
that the rules prescribed in these hostile decrees
and orders would be invariably adhered to in
tbeir practical operations. I entertain a very
different opinion. The commerce which might
Blrictly be permitted by the orders and decrees,
would be subjected to so many vexBtions by the
ignorance or artifices of the commanders of the
hostile armed ships, as to rendec ail the remain-
ing commerce dangerous and unprofitable; and I
un perfectly satisfied, after incurring the di^ace
of submitting to these arrogant and unwarrant-
aUe impositions, we should, covered over with
disgrace, be compelled to fight for the miietable

e'ltance of commerce, apparently held out to us
' these hostile and conflicting orders and edicts.
This miserable and disgraceful commerce affordi
no allurement to me; and it will disappoint all
those who have made these delusive calculations
upon it. The gentleman from Massachusetts,
(Mr.PiCKERiNO,) in a great degree unravelled the
mvstery, which was before suspended over the
calculations of his mercantile friend, by telling
OS that this friend had at thislime several vesseU
laden with Southern productions, ready to set
•ail the moment the embargo shall he raised.
This circumstance, without any imputation upon
the motives of the gentleman, may be fairly con-
ceived to have had some bearing upon his cal-
culation!, and is a case in point to prove the cor-
rectness of the information derived from the gen-
tleman of Philadelphia, on a former and similar
oecasioo.

Before I sit down, Mr. President, permit me to
explain some expressions which fell from me in

debate a few days since, and which seem (o hare
roused into action the indignant feelings of the
gentleman from Massachusetts (Mr. PtcxBRIKO.)
The gentleman might have baved himself these
painful feelings, if he had been more attentive to
my observations. He supposes that I called his
Federal friends in Massacnuietts political dema-
gogues. Now, sir, those gentlemen were not par-
ticularly alluded lo either in words or intentions.
I made an observation in very general terms
upon the structure of papular Governments. I
stated, as an inconvenient circumstance in the
operations of such Governments, that when the
union and energy of the people were roost re-
quired to resist foreign aggressions, the pressure
of these very aggressions would present tempta-
tions to political demagogues, to separate the
people from their own Governmeni, and througb
the people's discontents, to find iheir way loofBce
and to power. 1 applied this observation to the

[ireseni and all future times. I then gave the
ate and present proceeding^ under the pressure
of the embargo laws, in evidence to prove the
correctness of the remark. I made no particular
application of ii to any description ofgentlemeD,
nor lo any particular part of the United States,
nor was it inteoded to be so applied ; it was in-
tended to be general in its application to every
part of the Union. The gentleman himself has
made the application to his friends ; and I readily
ailmit, without reminding him of the old adage,
that be is better informed than I am, whether his
own application suits his own friends. But, sir,
I did not particularly allude to those gentlemen.
I feel the same respect for the gentlemen of Mas-
sachusetts rfaat I do for those of any other part of
the Union. Nor have I any difficulty in saying,
that a difierence in political opinions is no ground
of personal disrespect ; and that 1 do not now,
and never have made it one. Oo the contrary, I
am willing to proclaim it to all the world, that I
know many Federal gentlemen for whom 1 feel
great personal respect. I regret also, Mr, Presi-
dent, that some of the observations which fell from
me the other day have made so strong impres-
sions upon the feelings of the gentleman frona
Connecticut. (Mri Hillbodbb,) for whom I do
feel a high persouai respecL Upon reviewing-
some of them, I fear tbey were calculated to have
too strong a beariug upon that gentleman's feei-
ingi; hut, sir, it will be recollected, that lo his
observations I was principally replying, and there-
fore that my remarks hnd apparently a stronger
application towards him personally than in fact
they were intended to have. It will also be re-
collected, that most of the remarks of this nature
were directed against the repeal of the embargo
laws without any substitute, and which, in my-
judgment, would have been submission to foreign
aggressions. Since the gentleman has disclaimed
all ideas of submission, and has come forward in
the true spirit of 1776, 1 am as ready as any gen-
tleman to do honor to his patriotism. Mr. Presi-
dent, we have now made a fair comparison of
opinion and information upon the measures here-
lofoie adopted by the Gov^nmeni. GentlemcD

.yGoogIc

229

mSTOEY OF CONGRESS.

December, 1

Senatb.

have been indulged with & full retrospect of these
mea^ares; may ire not hope that we are belter
prepared to ^ee what iDeasurea are now prop«r lo
ce adopted to save the nation froni surroucdiug
daogers 7 Sir, if we could prevail upoa oui&elTts

inder ih.
first employ ourselves in taking ihi. _. .
our own eyes, instead of beitig so busy
them out of (he eyes of our neighbors, is it doi
teasenable to expect that we should see more
clearly ihe course of conduct most proper to be
adopted for the people's inieresl and the general
welfare 7 If we could seriously turn our eyes in
upon our own hearts^ and impartially examine
our own passions, might we not expect lo find
there some of the errors which we delusively as-
cribe to others 1 Is it nol to he feared, that Ibis is
the real source of our disuoion 7 And is it not
greatly 10 he regretted, sir, that anion cannot be
obtained, when it is all that is wanted to insure

coming ourKclres and onr slalious, banish all per-
sonal animostiies; lei us act like brethren of one
family, united in interest, united in honor, united
in affection. A knowledge of this circumBlaoae
alone mi|;hi probjhly secure justice from our ad-

uafonunaiely we should be compelled to engage
in ihc bloody scene, how indispensable is il that
we should be able to exert the whole energy of
an undivided nation !

[NOTES.

Frtntk tn^uenes.— What are the inesJii of FraDch
iollaence in this countiT 1 Noae. Tbeidnaii ■baun).

Brituh tn^KfiiM,— what are the mraiu of BritiA
influence! in this omuitry 1 The following, aniDng

LangQBge, JDiupradenoe, law books, Utentars ; ti>-
lias, and the dMcendanU of tory lamiliet ; blood eoa-
UBxiona, intormartiagei \ mercaDtila capital, mercautils
paitnerdiipa ; nawipaper*, &c. TImm inflaeilCM are
interworen ioto society, and if we mean to preserve
our indBpandsttee, demBnil the most watchiiil vigiluice
of the politieiBn.

Gltrvct of a letter from Mr. Monroe to Mr, Madison.
•' Loimair, ifay 17, 1806.

" After toy iDlerrievr with Mr. For, on the SSth utt,
I waited a Ibrtnight without heiiriDK from him. This

Bware of the necesaity of adding to it. Independent of
the goneral object, the war with PmssiB, and the
blockades incident to it ; the doctrine and practice re-
apEcting which it was neceMiij to arrBage, fiunisbed
a new motile fbi a commnmcation with him. On

topics in the bmiliar manner I had heretofore done.
Mr. Foi was at the ofGce, but did not receive me. He
sent the eipression of bia rc^et at not being able to
do it, being, as ho aaid, just going to attend the Cafai-
net, who were waiting for him. I called agiin on the
13lh, and experienced the aame result, though I had
left word that I should then be there. I was informed
by his deure, that a aummons ftxim the King, to attend

him at the Palace, prevented hie receiving me on that
diy. I met him on Ihc I&th at Voe drawing-room, but
had no opportunity of ipeaktng to him. Sir Frands
Vincent, the Eist under Secretary of State, being ac-
quainted wilb my desire, promised to airange with
him an interview, and to inform me of it These are
the only circumstances north; of notice that have oc-
enrrcd here since my last till to^Jay. I mention them
that you may be better enabled to judge conectly, in
all respects, of the light in which (As inddetit of thi*
day ought to be viewed."

Extract of a letter from Mr. Monroe to Mr. Madison.
"Loxoox, May 30, 1806.

" With resect to the delay to which I an eipoeed,
it ie utterly out of my power (o explain to yon the
cause. I have no reaaon to change the onoion which
I have herelofoni ei pressed of Mr. Foi'a dispoeilioii on
the aubject, though I have bad no late communication
with him. His present reaecvo is unfavorable, but it
may be otherwise accounted lor, and oa principles
which are quite natural, and therefore presumable.
He may have experienced more diffJcnlties in the Cat^
inet than he had expected. Many of the m ambers may
be indiapoaed to an arrangement on such terms as can
be accepted, and moat of Ihem willing to postpone any
dausion until the result of the proceedinga in Congrea*
ia known. Under theae circumstanoea be may find tl
nsoKt eligible lo avoid any fhrther communication with
me on the subject.

" It becomes, therefore, very difficult, if not allo-
getbei impruper, for me to press tlm business at this
time. It seems to bo my duly to postpone such pres-
sure to the same epoch, that is, till the final proceed-
ings of Congress are known. I shall doubtleas receive
with them the inatmetions of the President on the
whole auhject, which I beg to assure you 1 ahall OM
my utmoat eiertiona to carry into effect"]

Mr. HiLLBousB spoke in favor sf his motion,
and in reply to Mr. Giles. Mr. Pofb also apoke
against the motion; when.

On motion, by Mr. Rccn, to refer this motion
to ihe committee to whom was referred, on the
llth of November, «o much of the Message of the
President of the Uaited Slates, as relates to tbe
several embargo laws, tt was determined in the
negative — yeas 5, najrs 25, as follows:

Yiis— Messrs. Franklin, Farker,Raed. Robinsotl.

Nits — Messrs. Anderson. Bradley, Condit, Craw-
ford, Qaillard, Oilea, GUman, Goodrich, Gregg, HiU-
houae, Howland, Kitchel, Lloyd, Mathewson, Milledge,
Hooie, Pickering, Pope. Smith of Maryland, Smith of
New York, Smith of TennesHte, Siimter, Thruaton,
Tiffin, Turner, and White.

On the question to agree to the original moiion,
to wit:

Saolved, That it is expedient that the act, entitled
"An act laying an embargo on all ships and vesseta in
the ports and harbors of the United Statsi," and the
several acta supplementary thereto, bo repealed, and
that a committee be appointed to picpare and report a
bill for that purpose :

It was determined in the negalive — yeas 6, nays
25, as follows :

Ysts — Messrs. Gilman, Goodrich, HiObauee, Lloyd
Pickering, and White.

Nits — Measrs. Anderson, Bradley, Condit, Claw-
ford, Franklin, Gaillard, Giles, Gregg, Howland, Kit-

.yGooglc

231

HISTORY OF CONQEBSS.

Report on the Embargo.

December, 1808.

tM, Malh«wwn, MUledge, Mitchitl, Moore, Parker,
Fope, Beed, Robinson, Smith of Maryland, Smith of
N«w Torli, Bmith of Tenneuee, Sumtei, Thruaton,
Tiffin, and Tamer.

MoNDAT, December 5.
Tha Senate resumed the coosideraiion of the
moiion, submitted on ihe 3d insiant, that a com-
mittee be appointed to inquire whether any, and
what. prurisioQ ought to be made in case of the
inabiiity of the district judge of either of the dis-
tricts of the United States to perform the duties
of hia office; and that they report by bill or olher-
wise;aadhR?intrai;reed thereto,Messri.GiiLLARD,
AxnERBON, Bradley, Oheqo, and Crawford,
were appointed the committee.

ioTentlon of public utility, was correctly en-
grossed ; and tae hill was read the third time and
poilponed.

Mr. Reed presented the memorial of Lemuel
Taylor and others, inhabitants of Baltimore and
the Eastern Shore of Maryland, prayini; an altei-
fttioD in the route of (he mail from Washington
to Cheatertown ; which was read, and referred to
lleaaM. Reeu, Crawford, and Tirrm, to con'
uder and report thereon,

Tuesday, December 6.

The Senate resumed the bill to reward Andrew

Joaeph Villard,foraD inveDiion of public utility ;

«od, on motion, the further consideration thereof

waf postponed to Monday nest.

Wedhebday, December 7.
Mr. Qaillard, from the committee to whi
the snbject was referred, on the 5th instant,
ported a bill further to amend the judicial sysii
of the United Slates; nnd the hill was read and
|i4ssed to the second reading.

Tbcrsdat, December 8.

Mr. QiLEB reported, in part, a bill making fur-
tber provision for enforciog (he embargo ; which
was read, and passed to (hesecund reading.

Ordered, That the Message of the President of
the United States, of the Srs( instant, with the
eomraun teat ions respecting the public building:
be referred to Messrs. Braulev, Qreoo, am
Fbanklih, to consider and report thereon by bill
at otherwise.

The bill further to amend the judicial system
of the United States was read a second time, as
in Committee of the Whole; and the Ptesidenl
haring reported the bill to the House .
on the question, Shall this bill be engrossed and
read a third time as amended? i( was determined
ia the affirmative.

Mr. MAi;i^y presented the memorial of a
ber of the surviving officers in (he Pennsylvania
line of Ihe army of the United Stales, in our Re-
Tolutionary struggle, praying for a remuneraiion

n then

of losses sustained by the
pay, for the
which was reaa.

REPORT ON THE EMBARGO.
Mr. QiLEB, from the committee a;>pointed on
the 11th November last, on (hat part of the Mes-
sa^ of the President of the United Slates, which
relates to the embargo laws, made report in part
of a communication by ih(

the subject ; whic

CoSHi'Trii CHAimia, Not. IS, IBflS.
Sia: Under inatmctJoni from the cammittev
appointed to consider the several embar^ la.*!, I hava
request the fsTOtof yonr att«ndance-in the conunit-
9 chsiinher of the Senate, at 10 o'clock on Monday
irning nait, prepared tn give such iofannation to th«
mmittee as your Department alTordB. raspecting 11m
aubject* embraced by (he enclaaod resolution.

Be pleased, air, to accept aasurancee of niy high con-
■idarition and regord, WM. B. GILES.

A. GiLLiTin, Sterelary lyeamr]/.
I, That io much of the Message of the Pre«-
ident of the United ai relktes to the aeTeral emhatgo
be referred to a aelect committee, with inctrao-
(ioni to examine and report whether any further mel-

infori

thereof during their conllnuance; and, tlao, whetha>
ly further modification of it bo expedient at this time;
id that auch committee have leave to report by bill or
otherwise. '

ConiiTTii Chakbir, Nov. 14, 1808.
DiAR Sir: 1 am instructed by the committee ap-
pointed to consider the several embargo lawa, &c., to
request you to lay l»[biB them, with as little delay as
posaible, such Information as your Department affords,
upon the following question* :

1. What meeaurea wonld be most eflisctual in pre-
venting the violitiona or evasiona of the several em-
bargo lawa, and enforcing a due observance thereof T

2. Can any of (he inconveniences of the present sys-
tem bo remedied by further a]odifica(iaiia ; and wbat
modilicationa would effset that object !

Be pleased, air, to accept aasurancei of my high cMi-
sideratioD and regard,

WM. B. GILES, C

Hon. A. Gallatix, Stertlary Trtatury.
Tbiaiukt Duartkist, Nm. U

Sis: Indisposition has prevented an earlie
to your letter of tba 14tb inatant.

For better preventing coasting veaaels, regul&rly
cleared, from violating the embargo, two measureB Kp-
petir necesaary :

1. That the amountof the bond should beincrnKsed.

S. That neither capture, diatreaa, nor any odier bC(^-
dent, should be admitted aa a plea, or given in evidenca
on trial.

By the firat regnlation, the temptation of going to «
Ibreign port, in hopes that the piuGt on the sale of the
cargo will indemnify for the forfeiture of the pcnalt;^,
will be done away. By the second, every expectation.
□f BBcaping the payment of the penalty under fraudu-
lent pretences will be disappointed, and the poner of
remitting Ihe penalties in Iho few cases of unavoidable
I accident which may occur will remain as heretofore,
and, aa in other cases, with the 'i'reasury.

Aatfae object of thoae two regulations will be to maka
I the bond a sufficient and complete security, they -will

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233

mSTORT OF CONGRESS.

Decgmbkr, 1808.

Report 0

SsRA-n.

hsTe ■ tendency to Teliera in ■ conndirable degree the
cowting trade from the iilconTeniaDce reaoltitig from
dalentiona.

The mfficiency of the bond will, in mmj donbtful
oaem, remDve the necewity of deliining veneU, or, whkt
smounti to the aune, of infbnning the ovrnen, that,
unlau Ihej redace th« amount of theii cargoes, thoj
witt be detained.

I woofd ■]» iDhmit the pioprietj of placing under
^e control of the Preiidenl, that paner of detention
ToMed in the colledon by the act of the SBth of April
laiC That mbject has been a constant aoaree of com-
plaint and dlAicully. It hae been the onifoiTn practice,
from the eataUiahment of the Gotemment of the Uni-
ted State*, to giie poiitiTe inatruetiona to the eotlecton
reipecting the execution of the laws, and which they
were bound to obey, unleai a different eonatmction
•bould he eBtablifhed by a legal deeiaioD. Thia indeed
was eiaentially neccaaary. in order to aecare an anilbrm
conatriictioD and eiecutjon of the laws. Bnt the pio-
Tiaion now Blinded to mallea the detenlioD to rest on
the opinion of each collector, and this mnat naceaaarily
prodacB a great diTenity in the manner in which the
power ahould be eiecated. All haa been done that could
be done to obnate that evil ; and the Preaident being
antborized to decide on the detantiona when made, the
opportunity warn taken to inform the collectors of what,
in hia opinion, ahould be a propercanae of detenlion.
This, howerer, could be given only ii opinion, and op-
erate aa a recommendation, and not aa an order. Nor
doea it appear practicable to eetabliah nniformily and
to preTont partiality, and either taiity or too great aevei-
ity in practice, onleaa the power of prescribing general
nilea, in that respect, bj whi^ the collectora will be
bound to abide, be Teatad in tUPPieaidenU

I am aware that there ia another mode of evaiioa by
regular coasring Teeeela, which will not be preTented
by either of the preceding provjaiona. Bither whilst in
port, or on their way down onr riters and bays, coaat-
ing veiaets may receire articles not entered in tbeir
manifest, which they pat on board otiier Tesaela, lying
off the ooaat for that parposa.

Bnt it ia not perceived that any legal proriaion <xa
prevent that inlractiDn, nor that any other remedy tmn
be fonnd than the vigilance of ttie otHcer*. Another
genera] regulation will however be suggested, perhaps
tueful as a permanent measure, but which wontd at all
events, under eiisting circnmstances, give additional
secority for the observance of the laws, and afford some
relief to oar own seamen, to wit : a prohibition to em-
ploy any aliens, either aa masters or part of the crew
of any coasting veasal.

Itia still more difficult to guard against violations by
vessels departing without clearance, in open defiance
ofthelaws. The following proyision«,on matnrecon-
aiderattun, appear the most efficient that can be devised
against infractions, which it is the more neoessaiy to
repress, as thej may be daily expected lo increase, and
threaten to prostrate the law and Government itself:

1. To forbid eipreuly, under pain of forfeiture, (the
penalty now being only implied,) the lading of any ves-
•el withoDt the permission of the collector, and without
the bond for a coasting voyage being previously given^-
authorizing tbe collectora to refuse permissioD, unless
the abject be that of a lawful coasting or fiafaing voyage.
The great number of vessels now laden, and in a slate
uf readineSB to depart, sbows the naceaiity of this pro-
vision. If there be cases in which the indulgence of
converting vessels into waiehouaee ought to be granted,
there will be no hardship, where the intention is (iiir.

to require a bond similar to that given for a
voyage. And the collectors ahould liliewise, in
cases, be expressly anthoriied to take such efficient pl«-
cautions aa will put it out of the power of sneh vewaU
to sail without warning.

S. In order to prevent those frandnlent aalei of va»-
sela by which ostensible owners of no respanaibUity aM
aubstituted for those from whom penalties might be m-
coverad, it ia neceaaary to provide that thoae ownen of
vessels wbose names appear on the register or licenaa
should contiDue to be reputed aa such, and liable to lb*
penalties, incase of infraGtioD ofthelaws, until the regis-
ter or license shall have been actnallj surrendered, and
new papera shall have been regobuly granted by th*
collector to the purchaser. And, in every audi ease of
purchase, a soffident bond that tbe embargo shall nM
be infringed, to be previonaty required.

3. Tbe power to aeiie unusual depoailea, now vealad
in the collaclors of districU adjacent to tbe tanitorioa of
foreign nations, sluiuld, as was oontenplated in the bill
pasaed bj the House of Represeutatives, be extended
to all the districts. That this is an arbitraiy powar,
which nothing but the unremitted efibrta in aome plaeaa
to evade the law can possibly justify, cannot be denied ;
and it should, like that of delention, be placed under
the control of the President, and be executed only in
confiirmit; with auch general rules as he would pre-
scribe.

4. Exclusively of the assistance which may be da-
rived from ganboats and &om the armed vessels of the
United Sutes, it would be advisable to authoriie the
Preaident to add ten or twelve cutters to the eatabliah-
ment. Faat-sailing vessets, of easy draught of water,
and requiring only from fifteen to thirty men each, ara
mostly wanted, and would, for tiie object contemplated,
bo as useful as tbe largest frigafes.

fi. Il ia with regret that the neceau^ of authoriiing,
on the application of the collector, an immediate c^
for the local, pbysicai force of the country, must also be
stated. But such partial acta of violence aa have takea
place in some of the aeaporla cannot be prevented bf
the circuitous manner in which the public force moat
now be brought out in support of the lawa. And iu>
doubt exials that the mass of the citiiens, whether thaj
approve or disapprove of the embargo, would, in eveiy
port, iostsntaneausty auppreas any such outrage, pro-
vided they can be called upon to act in a legal manner.

Some other previa ions appear also necessary, for th*
purpose of carrying the laws more completely into eBiset
along our land frontier:

1. The exportation of specie by land should be eX-
prcsal; prohibited.

2. The power of detaining deposites ahould he so ex-
pressed as to leave no doubt of the authority to detuB
WBgon* and other carriagea laden and actually on their
way to a foreign territory. Although I cannot perceiv*
any reason for the distinction, it has been auppoaed, in
one of the diatricts, that the law which authorized th*
detention of Sour, beef, or potash, deposited in a ware-
house, did not extend to the case of their being depoa-
itcd in a wagon, although evidently go its way to Canada-

3. The olfence now punisliablc by law is that of
exportation. This ia not consummated till afler the
property has actually been carried beyond the lines,
where, being inaforeign juriadictiDn,it cannot be aeiied;
so that forfeiture, which is the most efficient penal^,
can never apply to exportations by land ; and no boiid
being required, aa in the csae of veasels, the only ren-
eily ia the uncertain one of recovering penalties againat
apparent oSenders, who either abscond or have b»

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236

HISTOKT OF CONGRESS.

236

Rtjtort on the Embargo.

DCCEMBBB, 1

|irupnt;. How &r it may be praclieable to make the
act of prepiriDK the meaoi of oiportstioD punidiabie,
or to proiidi tome other lemedj. u aubmiKed to thii

Bat it miul also be observed, that everj degree of
oppoiitian to the l*wi which falla ihort of tretuwD, is
BOW, with bat few exceptioiu, an offence DDdeGoed and
mprovidedfofbythelaweof the United States; whence
it follow!, that iQch offences remain unpunithed.when
<he State aulhoritiei do not interfere. The necenity
«f defining those offeneei bjlaw ai miademeanon, and
of providing an adequate puniahment, appear* abriona.

I will beg loBTe hers lo add, Ihal il does not appear
necesaar; to continofl attj longer the indulgence granted
to the firitiah merchanta to import, far £b uae of the
Indians, articlea of which the importalion ia generallj
prohibited b? law; as that priTllege is liable to great
abuse, and affbrdsjastgroaad of diasaiisfactiDn to Amer-
ican cilJieDa. Whethar it be adviaaUe to continae the
panniaaion given to Ibosa Indian traders to export fiirs
and peltries, ia a qaeation to bs decided bj politieal
considersliDns.

The last branch of tbe aabjeet to which I wish, at
pnaent, lo call the attention of the comniittee, relates
to interruption! and certain injurious proceedings
attempted under color of law i

1. Vexatious suit! are brought against collectors,
which not only perplex fsithful officen, but have [he
effect of intimidating others, and prevent an energetic

erformance of their duties. The onl; proviaiona which
ve occurred to me on that subject, are, to enable ihc
collectors who maybe soed, always to remove the caaae
before a court of the United Stntea; to make a certifi-
cate, issued by the proper authority, that there was rea-
le of detention ; protect them against ilsm-

ageai

n the a

r provided in case of seizures ; and to provide for
the safe-keeping, and rcatoriug, when proper, and on
security being given, the vesacls and property which
may be detained.

S. Attompta have In aeveral instance! been made to
wrest torn the collectors by writs of replevin, issued by
Stato courts or officers, property detained or aeiicd by
said collectors, or which in any other manner is in their
pasnession, in conformity with some law of the United
States. It is evident that such attempts, if aubmitted
to, would defeat, not only the embargo, but also the
revenue laws of the United States ; that, whenever
property is, by virtue of a law of the United Stoles, in
possession oF a collector, marshal, or any other of their
officers, no process, in rem, which will take the prop-
er^ away, whether of replevin, attachment, or any other,
can be legelly issued by a Stato euthority ; and that
the sheriff or other person executing the aame inuat be
conaidered aa a more trespasser, and be resisted accord-
ingly. But there ia no other way at present to resist
such illegal process but actual Ibrce. And it appears
necessary that another remedy should bd aflbrdcd. by
providing a samrasry mode of superseding any auch
ptoceaa through the interference of Uie courts and judges
of the United States, and by making it penal for any
aherilf or other person to execute the same, or in any
manner to attempt to take property, which, by virtue
of any law of the United Statea, is in the collector's

1. In some instances where vessels and cargoes libel-
led for infractions of the embargo have been restored to
the owners on their giving aecurity for the appraised
lalae, the Taluatiens have been so low as to reduce the

forfeiture to an inconsideTable sum, thereby deiealing
sltogetbei the law. It is suggested that thii night be
prevented by a provision autboriiing and directing tht
district judges to set aaide, on motion of ths disttict
attomsy, such valuations, whanevar, in their apiaian,
fslling short of ths true value.

On the subject of mtrndemut, I will only observs,
thai, in. the only instance which has taken ^ace, ths
court, supposing thsj had jurisdiction, could not, from
the manner in which the question was bronght beirae
them, have decided otberwiae than they did; but that
it is dcaiiahle that the question of jurisiliction, aa it
relalaa either to the courts in whom the povrer ought
to bo vested, oi to the cases to which it ihould extrad,
(houtd be prtciaely defined by law.

I hive not, in this communication, taken into eon
aiderstion the technical dsfectj of the axiatiug embargo
taws, because piosacutiona do not fall within myimlne-
diato cogniiance, and I do not feel competent to the
task of pointing out the neceaaary alterationa. Meaa-
ures have however been taken to procure on dkatsuV
ject, and Irom the proper sources, information whicb
will hereafter he laid before the conmittee.

To the rematning inquiry of the oommittec^ whether
the inconvenienees of the present syateni may not in
soms degree be removed, I can only answer, generally,
that s law which lays such eitenaive restrietioiM ss the
embargo, cannot be carried into effect without impos-
ing serious inconveniencea,even on the domeatic into
courseof the United Statea ; and that these moat neces-
sarily be incrsssed in proportion to the oppodtiDn snd
efforts lo evade orvialsto the law. It has alrvadybeeu
stated, that provinons.which will render the bond given
by coasting vessels a complete i«ctuity against vioia*
tiona by them, will cAinish the necessity and extent
of more arbitrary restrictions. An authority to permit, i
on proper security being given, such veB*eIs,whett they
arrive in port, to keep their caigoca on board, would
afford some relief. And I think that the credit on da-
ties accruing on the importation of certain articles i*hidi
was allowed by the act of the LOth March laat, should
be extended to all imponatioiis of the same aiticlef,
made after the passing of the act; tboae made in vet-
sols which sailed under special permiaaion only aiceplsd.
With respect to this last dsas of importatioDs, as Ihej
were permitted by apedai indulgence, and u il is un-
derstood that it has been impoasible in many cases W
prevent ita being abused, and as in almost all, the pat-
tics having a apocies of exdasive pnvilego, have made
■ufiidently profitable voyages, the propriety, particu-
larly in tbe existing situation of ^le revenue, of allowing
them also the advantage of an extonded credit aa duties,
is not perceived.

I have the honor to be, with great raspect, air. yont
obedient servant, ALBERT GALLATIN.

Hon. W. B. GlLBS, Chairman, d-c

Ordered, That the report be prioted for the use
of tbe Seoaie.

FRiDiT, December 9.
Mr. Bb«di.ev, from the comrnittee to whom
was referred the Message of the President of the
United Stales, of the Ut insiant, with the com-
munication respecting the public building;:, re-
poried a bill niakiaj a furtner appropriation to-
wards comptMjng the two wings of the Capitol
at the City ofWaahinglon, and for other purposes;
and Ihe bill was read twice.

.yGoogIc

HISTORY OF CONGRESa

2S8

ItacuuEB,lBOa

Enfarcement of the Embarga.

Sbhati.

Ifr. TiFnn, from the eammittee, reported the
bill rimber to Bmeod the Judicial •ystem of the
UaJitd Suies conectly eD?Toued ; and the bill
m read the third time, and passed.

Mr. Reed, from the committee to whom was
teferred, on the dih iostaDi, the memorial of Lem-
■sying ■
a Wasbj

IcrtDwn, reported a bill ta chanse Hie post roale
riom Anaapolis to Rockball, Dy Baltimore to
Rockhall; aod the bill was read, and paued to
(he sfcood reBdiDg.
On motion, by Mr. QiLce,
Retdved, That the committee appojaled on
to mach of the Preaideal's Me-ssage as relates
to the embargo laws, be instructed to inqnite
w)\abit it be CJcpedieot to suspend the payment
oftKriain rereaue bonds givett subsequent to the
dale of ibe act, entitled "' Ad act for eitenditig
the terms of credit on rerenue bonds in certain
«sei.aDd for other purposes;" aod that the cota-
millee have leave to report by bill, or otherwise.
Mr. Giles, frora the committee last mentioned,
reported a bill supplemental to an act, entiled "An
icllor exlending the teims of credit on revetiue
bead.'! in certain cases, and for other purposes;"
vhich was read, and passed to the second reading.

MoRDAT, December 12.

Mr. MiTcaiLL preseoted the memorial of the
snrTiving officers of the late Reroiutionary army
ud nary of the State of New Yoik. staling
the losses titey hare sustained in conseqacDce
of the commutation, which they were induced to
iceept io lieu of half pay for life, and praying
relief.

Mi. Gbboo presented sundry petitions from
oSceri in the Pennsylvania line, on the same
lubject ; and the memorials were read.

Ordered, That they, together with one present-
ed oD the 8th instant, on ibe same subject, be re-
ferred to Messrs. Qreoq, Mitchill, and Bbad-
LiT, to consider and report thereon.

Mr. Thbubton pieseoted the petition of Thom-
u Pearson, an officer in the Revolutionary war,
lepiesenting (bat, from a want of knowledge of
thp necessary proceedings, and his remote situa-
lioD, he was not placed on the pension list till the
year 1B03, although entitled under the first act of
Cougres) on the subject, and praying relief -, and
tiie petiiioD was read, and referred to the Secre-
ury of War, Id consider and report thereon.

The bill supplemental to an ac(, entitled " An
itt for extendiag the terms of credit on revenue
hands incertaia cases, and for other purposes," was
read the aecorid lime, as in Committee of the
Whole, aod the PaEaioEKT reported it to the
House without amendment. On the qoestion,
Shall this bill be engrossed and read the third
time 7 ii was deterotined in the affirmative.

The bill to change the post route from Anixa-

polls to Roekhall, by Baltimore to Roelchall, was

itid the second time as in Committee of the

Whole; and the President having reported the

I hill totbeHotia«aiBeiidod(OD the qnesiioQ, Shall

this bill be engrossed and read a third time aa
amended'? it was determined in the afBrmaiive.

A message from the House of Represen tat ires
infprmed the Senate that the House have passed

a bill, entitled " An act authorizing the President
to employ an additional number o? revenue cut-
ters," in which they request the concurrence of
the Senate.

The bill was read, and passed to the second
reading.

The bill making further provision for enforcing
the embargo was read the second time ; and. ort
motion, it was ordered to be considered as in
Committee of the Whole to-morrow.

The Senate resumed the third reading of the
bill to reward Andrew Joseph Villard for an in-
vention of public utility; and having amended

the title,

Tba

ihe bill pas3,and the title there-
iiief of Andrew Joseph

of he " An act for the r
Villard."

Mr. Bradlby gave notice that he should, on
Thursday oe»i, ask leave to bring in a hill sup-
piementnry to the act, entitled "An act for the
more efTeciual preservation of peace in the ports
and harbors of the United Slates, and in the wa-
ters under their jurisdiction."

ENFURC&MENT OF THE EMBARGO LAWS.
Mr. Giles, from the committee appointed ihe
11th of November lasl, on that part of the Mes-
sage of the President of the United States which
relatea to the embargo laws, and the measures
necessary to enforce dne observance thereof, made
a further report, in part, of a bill to authorize and
require the President of the United Slates to arm,
man, and At out for immediate service, all the

Giblic ships of war, vessels, and gunboats of the
nited States ; and the bill was read, and pasi«d
to the second reading.

The bill is as follows:

" Be it tnaeltd by ihe Sertoli and Houte of Reart-
tentalivei of the United States of America, in Vim-
greti anemhled. That the President be, and tie is hcrebj,
■atharized and requinid, to cause to be Gtted out, officer-
ed, manned, and employed, ■■ soon as may be, all the
frigates and other aimed veasels of the United States,
including gnnboata; and to cause the Irigataa and
armed veasels, so soon as the; can be prepared liiT ao-
toal MTvice, reapectively, to be stationed at inch porta
and places on the seaeanst as be ma; deem moat ex-

Edient, or to cruise on any part of the coast of the
liled Slatee, or Tenitorie* thereof.
Sic. 2. And be it further enaded. That, for the

is hereby, authorized and required, in addition to the
number of petty officers, able seamen, oidjnsry sea-
men, and boys, at present authorised by law, to ap-
point, and cause to be engaged and employed as soon

as may be, midshipmen, corporals of marines

able seamen, ordinary seamen and boys,

which shall be engaged to serve lor a period not ez-

eeeding years, bnt the President may discharge

the same sooner, if in hi* judgment their (ervioes may
be dispensed with ; and to latiily Uie necssaary vi-
" 'be ineuned therein, a sum not exoaed-

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239

HISTORY OP CONGRESS.

Dboembib, 1808.

log dollsn be, snd the aftioe a berebj, appropri-
ated, ind ihall br piid out of uij moDeys in Itio Tioa-
muj not otherwiie tppTopriated.

TnESDny, December 13.

The Senaie reaumed [be coosiderHtioD of the
motion made yc^Ierday respecting (he expenae of
ibe public buildinuS' Tbe motioa was tmended
and agreed lo, as loilonrs :

Jiaoleed, That a commiiiee be appoiated to
«Heeiiaia aod report id the Senate ihe omouat
which has been already ezpeoded by the United
Stales on the public buildings in tbe Ciiy of
Washington ; and also to ascertain, as near ai
nay be, tbe amauct which would be required to
complete and finish the President's house and
iquare, and the two wings of the Capitol.

Ordered, That Messrs. Bhadlev, LLoro. and
Shi-tb of Maryland, be the commiltee.

The bill, entitled "An act aulhoiizin^ the Pte-
■ident [o employ an additional number of revenue
cutters," was read the second time, and referred
to Messrs. Mitchill, Smith of Maryland, and
Cbawfohd, 10 consider and report thereon.

The bill to authorize and require the President
of the United Slates to arm, man, and fit out for
immediate service, all the public ships of war.
Teasels, and gunboats, of the United Stales, was
read the second time, as in Committee of the
Whole ; and the Prebcdent baving reported the
bill to the House amended ; on the question, Shall
this bill be engrossed and read a third time at
amended? it was determined in the affirmative.

The Senate resumed, as in Committee of the
Whole, the second readit)^ of the bill making
further provision for enforcing the embargo; and.
an amendment having been proposed by Mr.
BRAnLEv, it was agreed that the bill, together
with tbe amendment, be recommitted to the oti-
ginal committee, further to consider and report
thereon.

The Seoale resumed, as in Commitlee of the
Whole, the second reading of the bill making a
further appropriation towards completing (he (wo
wings of (he Capitol at tbe Ci[y of Washington,
and for o(her purposes.

Ordeitd, That the consideration of (he bill be
further postponed.

The following Message was received from the

PnEHinENT OP THE UNITED StaTEB :

Jb Ihe Senate and Route of

Repreitntalivet of ike United Stolen .■
I now transmit to both Hauses of Congress a report
of thoCommisiionera appointed under the act of March
SS, 180G, concerning a lOad from Cumberland ta Ohio,
being a statement of tbe proceedings under tbe said
act since theii U»t report communicated to Congress,
in order tbat Congress may be enabled to adopt such
further tneasuroi as may be proper under existing cir-

TH. JEFFERSON.
DiciMBtB 13, 1808.

The Messag^e and report were read, and ordered
to lie for consideration.
Hr. TiFPiN, from Ihe committee, having report-

ed the bill to change the post ronie from Anna-
polis to Ruckhall, by Baltimore to Rock hail, cor-
rectly engrossed ; ii was read the third (ime, and

Mr. Tlffin, from the commi((ee, having r«por(-
ed the bin lupplementBt loan act, entitled "" An
act for extending the terms of credit on reveoue
bonds in certain cases, and for other purposes,"
correctly engrossed ; it was read tbe ihird time,
and passed.

W&DitEaDAT. December 14.
Mr. QitEOQ presented (be memorial of ibe offi-

■ fooling, as (o military promotion, with their
brother officers in (he army," for reasons men-
tioned in the memorial ; which was read, and re-
ferred lo Messrs. Ghego, Smith of Maryland, and
Shmteh. to consider and report thereon.

Mr. TirriN, from the committee, renorted the
bill to authorize and require (he President of the
United States to arm, man, nnd Gt out for imme-
diate service, all (he public ships of war, vessels,
and gunboats, of (he United S(ates, correctly en-
grossed ; the Dill was read tbe third time, and the
consideration thereof further postponed.

Tbubsdat, December 15.
Mr. GiLEa, from the committee to whom wa*
recommitted the bill making further provision
for enforcing the embargo, reported ameDdmenii,
which were amended and agreed to; and the
FREeiDEHT reported the bill to the House amend-
ed ; and, on motion by Mr. Criwfobd,' it was
agreed lo amend ihe 6ih and XOth seciiotis of the

termined in the affirmative.

On motion, by Mr. GrLEfl,

Ordered, Thsi the bill to authorize and require
tbe President of the United States to arm, inan,
and fit out for immediate service, all the public
ships of war, vessels,and gunboats, of the United
States, be recommitted to (he original committee,
furlher.to consider and report thereon.

Fbioat, December 16.
Mr. Giles, from the committee to whom was
recommitted the bill to authorize and require the
President of the United States lo arm, man, and
fit out for immediate service, all the public ships
of war, vessels, and gunboais.of the United States,
reported amendments; and the amendments \rere
considered a* in Committee of (he Whole, and
agreed to; and tbe PRBStDEitT having reported
(he bill to the House amended, on the question,
Shall this bill beeagrDssed,and read a third tiitie
as emended? it was determined in the affirm-

Mr. TiFFiK, from the eomm
bill correctly engrossed, and it

!pOTted the

, repor

read the third

The PREStDENT laid before tbe Senate the

.yGoogIc

mSTORT OP CONGRESS.

242

Decbmdbr, 1808.

Enjoreement of the Embargo.

Bgnatb.

porr of the Seereiar* of the Treasury, in obrdi-
eDce <o the set, entitled "An net to estnbliih (he
Treasury Departtnentj" and the report was read,
and ordered to lie for consideralian.

Mr. Tiffin, from the committee, reported the
bill rnakini; fanher provision for enforcine the
embareo. correctly engrossed; and the bitrwas
read ine third time. On motionj by Mr. Oood-
BtcH, to poatpooe the further consideration there-
of until to-morrow; the yeas and nays having
been required hy one firth of the Senators present,
those who 70ted in the affirmatiTc, are —

Menn. Condit, Crawlbrd, Fruiklin, Gilmin, Good-
rich, Uillliinua, Howlsnd, Llojd, Msefay, Patk<r,
Pickariag, Smith of New York, Sumtar, and Thiuston.

Those who Toted in the negaiiTe, are—

Menrs. Bradley, Gsilltfd, Giln, Gngg, Khchel,
Millcdgc, Mitchill, Moare, Pope, Robinson, Smith of
Marjland, Smith of Tenneue, Tiffin, and Turner.

The Senate beiog equally divided, the Presi-
dent delermined thequestiuu in the aSiiDJlive.

Sattrdav, December 17.
The credentials of Michael Lgib, apr]ointcd a
Senator by the State of Penasvlvanis, were
presented and read, and ordered lo lie on file.

The Senate resumed the third reading: of (he
bill to authorize and require the President of ibe
United Stales lo arm. man, and fit out for im-
mediate service, all the public ships of war, ves-
sels, and gunboats, of the United States; and
the blanks having been filled, and the title
amended,

Hesolvtd, That this bill pass, and that the title
thereof be "An act to provide for arming, nnd
fitting out for immediate service, all the public
shipti of war, vessels, and gunbaau, of the United
States."

ENFORCEMENT OF THE EMBARGO.
The Senate resumed the bill making further
provision for enforcing' the embargo.

Mr. OooDRicB rose, and addressed the Senate
as follows— '

Mr. President: This bill, making further pro-
vision for enforcing the embargo, requires all onr
attention. We are not on ordinary business. An
embargD for an indeGoite period, over a great
country like ours, abounding in rich staples and
domestic products, and carrying on in its own
vessels an eilensive and profitable commerce, is
a phenomenon in the civilized world. We are
I abont entering on the second year of this novel
measure, and even in defiance of the leKsons
which experience teaches, that without produ-
cing any beneficial results, it is enibroiling the
choicest interests of the nation.. On foreign
Powers it has made no impression, and its ruin-
ous efiect on our own country, we see in the
waste of private property and public revenue;
in the discontents oi our citizens; in the per-
plexed Slate of the public councils and the in-
creasing difficulties that are fast gatnering round
the Qovernment. The friendi of the embargo
*>y, that it hu been evaded aud violated, but that

when strictly enforced, it will compel foreign
nations to respect our rights. Under these in-
pres-iioni, the system is to be maintained. To
enforce it, Ibe powers of the Government are to
be pot in array throughout our country, especi-
nlly in places where discontents are manire^ted;

given 10 that system of
arbitrary seizures of vessels, goods, merchaniiiiie

products, on suspicion of their being
intended for exportation, which came in with th«
embargo laws, and haoatlcnded their execution.

In all this, sir, I see nothing that is to concili-
ate the conflicting opinions and passions of our
citizens, and restore concord amongst tfaetn. I
see nothing that will invigorate the public coun-
cils, and resuscitate the dormant spirit and re-
sources of the nation. To me it seems that tb«
Administration, without presenting to public view
any definite object or course, are pressing forward
our affiirs into a chaos of ineitrioable difficul-
ties. And I cannot but regard this bill as hold-
ing a prominent place among the measures lead-
ing on that unfortunate issue.

This bill bears marks of distrust entertained
bv the Qovernment of the people, or a coneider-
ble portion of them, and of the State authorities;
it places the coasting trade under further and
vexatious resiraints, as well as its general regu-
lations under the control of the President. It
intrenches on the municipal polity of the States,
and the intercourse of the people in their ordi-
nnry business. And, what above all will wound
the public sentiment, for the accustomed bd<1
mild means of executing the laws by civil pro-
cess through the tribunals of justice, it substi-
tutes military powers lo be called outandezer--
cised, not in aid, but in place, of the civil author-
To show that this is a correct delineation of
the character, principles, and provisions of the
bill, I asli, sir, your attention to an elucidation of
its most important sections.

Not having had time critically lo examine the
first two, which have lately been introduced by
way of amendmeot, I past them without remark ;
leaving it for gentlemen who may follow, to
point out their extravagant and oppressive prin-
ciples.

This bill, as I before observed-to yon, sir, sub-
jects the coasting trade in further and vexatious
restraints, and places it under the control of the
President.

It is enacted (section 2:)

" It ih&ll not be !&wral to put on board any ship,
vessel, or boat, of an; deaeriptioD whatever, any spede
or goods, Hftrea or merchandise, either of domestic oi
(breign growth, produce, or manufacture, and the sama
is hereby prohihitad, anlen a permit particularly sta-
ting the articles thus to be laden shall have been pre-
vioustj obtained from tho collector of the diitiict in
which such ship, veauel, oi boat may then be, or from
a revenue officer eapociatly authorized bj the collector
to grant inch permits; nor unless the lading shall ba
mads under the inspection of the proper revenne offi-
cers, oar unless the owner or owners, consignea, or
faetor of atich ship, vesael, or boat shall, with the maa-

.yGooglc

us

HISTOKT OP CONGRESS.

944

Enforcement of the Embargo.

Dbcembeb. IE

tar, have giien bond nitb one armor* auretiea to the
United SutcB, in a sum lix timet ^s value of the vea-
■el Bod cargo, that the leawl aball not leaio the port
without a clearance, nor ihall, when leaving the port,
proceed to a Ibrcign part or )place, nor shall put an;
article on board af an; other veMsI ; uid thai the whole
cargo ahall be reUnded either io the port wliere the vea-
■el maj then be, or in nich other port of the United
States aa ahatl be designated la the dea/ance. And it
rilill be lawtill for the coUectora of the cuitom* to re-
fuse permlMioD to put any cargo on board any such
■hip, VBisel, or boat, whenever in their opinion thareia
an intention to violale the embargo, t» whenever they
■ball have received iiutructioDa to that effect by direc-
tum of the Preudent of Ihe United StaUa ; Provided,
That nothing contained in thia aeetion eh^ll be con-
atraed to extend to soy ihip, venel, or boat, oniJbmily
employed in the navigation only of baya, aouods, riv-
er^, and Is^ei within the juiiadiction of the United
Statee. which shall have obtained a general permis-
(ion, agreeably to the provialoa* in the fourth aection
of thia act."

The third section regulates all ibai branch of
the coasiini; trade not conBoed to rivera, baya,
sounds, and lakes.

The 91101 required in the boad is six times the
value of Tessel aod cargo, and, as is said by those
irell informed, in most eases will amount to fif-
teen OT twenty thousand dollars. It is nnpre-
hended, that many coasters will not be able to
obtain sureties for that sum. Many of the own-
era of coasting vessels are men of raoderalc prop-
erty, belonging to the middle cla^n of society in
point of wealth, the most numerous and not leaat
meritorJoua of citizens, whom sudden ami ad-
verse changes, and consequent loss of business,
'first affect and depress.

Should the eicesaive amount of the bonds drive
this de^ciiplion of coasters out of their regular
employment, and throw it into the hands of com-

Setiiors of larger capitals, we shall have an ad-
ilional e7il to those growing out of the embargo
to deprecate. The coasting irnde is nearly mined
already by the destruction of foreign trade. Both
these valuable interests, like the other inlfrests of
a free a.nd commercial people, are interwoven
with each other i and while we arc shut out from
a commercial intercourse with the rest of the
world, the Qovernment ought to afford by every
facility in its power an encouragement to a com-
mercial intercourse between the States.

The collectors may refuse permission to put a
cargo oil board of any ship, vessel, or boat speci-
fied io this section, whenever in Ihefr oplnioo
there is an intention to violate the embargo, or
wheuerer they shall have received instructions
to that effect by direction of the President of the
United States.

Hereby ibe collectors are deputed to be vice-
roys over commerce in the spheres they occupy
under the supremacy of the President. As we
shall meet with an analogons provision in a sub-
sequent paragraph, I at present waive further re-
marks oa the dangerous policy of vesting the
President with such enormous powers.

The fifth section treats of the trade uniformly

ried on in rlTcrs, bays, sounds, and lakes. It

' That the coUectora of the cnMoDU be, and th^
hereby, authorised to grant, under «ueh general ia-
ai the Premdent of the Untied Stateimay
give to mat effect, a general permission to diipa, ve>-
Hek, or boats, whose emplajment haa uniTanaly been
conSned to (he oavigBtioo of bays, sounds, riven, or
[skes within the jurudlctioa of the United States,
when it can be done without danger of the emba^o
being violated, to tale on board at any time such arti-
cles of domestic or CbrelicD gronth as may lie designa-
ted in such general permission or permiaaioni, bonci
with one or more sureties being previooalj given to
the United States by the owner, owners, consignee, or
&cton of sneh ship, vessel, or boat, and by the master
thereof, in an amount equal to tJues hundred doUara
for each ton of said vessel j that such veaael ahatl not
during the time limited in the condition of the bond,
depart from any district of the United States without
having previously obtained a clearance, nor until the
master or commander shall have delivered to (be col-
lector or mrveyor of the port of departure a msniliwt
of the whole cargo on board ; that lie said vessel shsll
not, during the time abovementionad, proceed to any
other port than that mentioned in her clearance, or put
any article on board of any other vessel, or he employed
in any foreign trade ; and that on every voytigo or trip
the whole of the cargo shdll be landed in a port of the
United States within the bay, sound, rivers, or lakes to
which the navigation of such vessel is confined."

The amouDt of the bond prescribed in this
clause is three hundred dollars for each ion of
the VL's*e! ; and it is not leas objectionable on ac-
count of its magnitude, than in the case I have
just animadverted on, whether compared with
the relative abilities of tbe two classes of coast-
era on whom the respective provisions operate,
or the objects in view; and il is more grievous
to the districts oi country dependent on trade,
and intimately connected with its prosperity.
The navigation of the ocean we deny, and have
long denied to our citizens; (hat between States
is impeded, and 1 fear we are going on from time
to lime, by piecemeal, to offer up tbe traJe be-
tween dUiricts of the same State, at the shrine
of our embargo system.

The coasting trade is placed under the regula-
tion of the President by this bill:

1st. Collectors may refuse permission to put a
cargo uu board of any shi|i, vessel or boat, in any
case where they have their own pergonal suspi-
cions that it is intended for foreign exportation,
and in every case which may be comprehended
within the ^cope of any general instructions, is-
sued by command of the President. Bui there '
in a proviso as to coasting vessels uniformly em-
ployed in the navigation of bays^ sounds, rivers,
and lakes, which shall have obtained a general

2d. General permissions mav be granted to
the last mentioned vessels, under such eeaeral
instructioas as the Presidentof the United States
may give, when it can be done without dano'cr of
the embargo being violated, to take on board
such articles as may be designated in such gene-
ral permission or permissioas.

.yGoogIc

HISTORY OP CONQRESff.

246

Dbcembbk, 180S.

Ei^orcentenl of Ihe Eptbargo.

8 EN ATI.

By tlie*e geoeral iDitiucUooa, ihe Presideol

He maf suspeuJ ihem io part or jq whole.

Tlie power of issuing seDecal insituctionsnow
proposed id be ^iveo lo the Presideot by law, he
exercised io the recess of Co ogress, uid in my
opiaion, without Uw. The GcTernoi of Massa-
chusellfi was authorized lo give cerlificale.i, or
licenses for the importation of flour into that
State; and. UDdergenerai instruction* from the
Presidetit, trithoat personal suspicion of his owd,
the collector at ^arlesioo, in Soath Carolina,
detained a veseel; which called forth the inde-
pendent esercise of the judicial power of the cir-
cuit coDrt in that Srate, to control the President's
instrucliona. I am sensible the Administration
and i[s friends have an arduous task io executing
the embargo; difficulties beset them on every
side; difficulties inherent io the measure itself,
and not lo be overcome by aocumulating rigor-
ous penalties, and ao extension of the Executive
power. The power to regulate commerce is
vested in Congress, and by granting it to ihe
President, do we not tranil'er to him one of the
most iinportanl and delicate of the Legislative
powers? What Slate would have adopted ibe
Constitution, if it bad been foresech that this
power would be BTanted lo any man, however
distinguished by office ?

I will in this place notice ooeor two objeolion-
able clausts in the bill not immediateijr connected
with either of the poinls I have disoussed.

By a clause in- the eigh[h section, it is provi-
ded, that in a suit on a bond for not relanding
goods, wares, and merchandise, and fsiliog to
produce a certificate ibereof, capture, distress, or
any other accident shell not be given io plea or
admiiiedin evidence io any such suit. The doc-
trine heie assumed, that capture, distress, or any
Other accident shall not be pleaded or given in
evidence, infringes the &M principles ofjustice,
and involves innocence in ibe punishment of
gu ill, together with its disgraceful and ruinous
consequences. The crime created by the bill, is
that of a person's clearing oat a vestel and cargo
for a poit ID the United States, and Tolantarily
going, conliary to Uw, to a foreign port. To a
case of capture, or being prevented by the act of
God from reaching Ihe destined port, there can
be no pretence or crime. And will Congress
declare an offence by siatnte, and deny lo a psrty
accused the right of pleading and giving in evi-
dence the only matter of fact that goes to his
exculpation ? Of what use is the trial by jury,
forages revered as the palladium of innocence
against the oppression of power, if it may thus
be narrowed down and perverted 7 And for what
cause is this principle to be introdncedl Are
eoDrls and juries distrusted ? And therefore is it
that the established usages and rules of trial are
to be abandoned 7 The Secretary of the Treas-
ury^, it it, said, may remit and mitigate forfeiii
'lies, and he will give relief. So'
cence ia to sue, as ~

and penalties, and he will ei

IS a favor, for relief, from penal-

ties and forfeiiures awarded to guilt, from a Sec-
relary of the Treasury, wifen it is entitled to aa
acQuitial in a court ot justice.

11 is made lawful by the seventh section of the
bill for callectors to withhold a license or register
for a vessel when sold, unless a bond shall be given
by the owner previous to the sale, that such ship
or vessel shall not contravene the embargo acts.

Thill provision infringes an essential right of
properly, and is as oppressive as it is unjust.
Owners of vessels already deprived of their use
by Ibe embargo, are to be prevented from dispo-
sing of them in payment of their debts, or for
other purposes, unless on condiiion of becoming
bound for the good behaviour of all future own*
ers of the vessel in respect of the embargo acts,
as long as ihey shall continue.

The sections I have considered, principally af-
fect merchants and seafaring men in their busi-
nbss, at stores, custom-houses, about wharves,
ships, and vessels. But other sections lake a
wilier range, and intrench on the ordinary con-
cerns of the ^reat body of the people, by the
powers they give for unreasonable and arbitrary
searches for, and seizures of their property.

Collectors of the customs throughout the Uoi-
led States, by the tenth section, are empowered
to take into custody, specie, or any articles of
domestic growth or manufacture, under these
circumstances, when deposited in unusual places,
in unusual qoaalities, in places where there is
reason to believe ihey are intended for exporta-
li:.o in Tessels, sleighs, or other carriages, or in
any manner appnrently on ihelr way towards the
territories of foreign nations, or a pJaee whence
such BTiiclea are intended to be exported. Aad,
when uken into custody they are not permitted
lo. be removed wiihont bonds being eiven for
iheir being relanded in some place woence, in
the opinion of iha collector, there is no danger
of their being exported.

Without warrant founded on proof, from aus-
picion only, may this unbounded liaenie be exer-
cised. Our houses, heretofore our casiles, and
the secure abodes of our families, may be thrown
open to the visits of collectors lo search for and
seize our money and goods, whenever instigated
by suspicion, prejudice, resentment, or party

no place is (o be proteeied ; the people may
everywhere be exponed, at home, on ineWar,
and abroad. Specie and goods thus seized with-

IS and uniil bond with sureties shall

some place of the United States, whence, in (he
opiuiori of the collector, there shall not be any
danger of such articles being exported. These
provisions strike at ihe rital principles of a free
Qovernmeni; and are they not couirary to the
fourth and sixth articles of amendments to the
Constitulion 7 Are not these searches and seiz-
ures, without warrant, on the mere suspicion of
a collector, unreasonable searches and seizures?
And is not a man thereby to be deprived of prop-
erly wilboni due process of law I

.yGoogIc

247

HISTORY or CONGRESS.

248

Enforcement of the Embargo.

DE0EMBEn,18(1B.

Such U the uaprecedenied nature itntl enor-
mous extent of the powen giTen lo collectors by
this bill) and by what meads, and Id wbat man-
ner, are ihey to be exercised? By the eleventh
aeclion it is eoecteil:

" That the powers giTen to the colisctora bj thii or
any other act respecting the embsrgo, to detain any
t«bm1, or to take into their cuitody any arltcle* for the
purpoH of preTenting Tiolation* of the embaigo, ibBll Iw
•xerciied in conformily with aucb initractions ai the
President may giTe, and lucfa general roles as he may
preKiilw for that purpoie, made in purauance of the
powecB ifoFMaid ; which instructions and general talu
the colleEtora ahaJI be bound to obey; nor ahall they
be liable to any action, snit, or judgment on acconnt
of any detention of a vasMl, or for having taken arti-
cles into their cnatody in conlbimily with audi in-
■tructiona and general rulea."

Here Presidential iostractioni receire their lut
seal and atamp of auihoTiiy. They are made
biodiog upon collectora, and, for acta doui

of those

itresponsil

ible.

thejr a

} be

the bill, are to bee
laod, and obliKaioiy o
States and of the Sis

>, according to the terms at
he supreme law of the
le court! of the United
It may be said that to
render tbem autbaritaliTe, the iDstruclioaa muRt
be in pursuance of the powers granted by the
bill to ibe collectors, and that they are mere £i-
eculire directions given for the purpose of pro-
ducing a uniform and ayslemalic course of pto-
ceediugs among collectors. If indeed this be
their object, why is tbe clause inserted? Since
the establishment of tbe Treasury Deparlmeni,
it has been the practice of the Secretary of tbe
Treasury to ixsue insttuctlona to subordinate offi-
cers; but this favorite eutbargo, to which all
eonsiderstious are made to bend, offers the first
instance of an attempt to give to tbem tbe foree
of laws. And a critical attention to tbe section
■hows that such is its intendment. Although ii
is declared that, to have tbe effect of laws, the
Freaidenl's instructions must be in pursuance of
the powers graoted by the bill lo the collectors,
it is to be remembered that collectors are to act
in particular cases on their discretion, under
Preiideni's iosiructions, which are to be gem
and neither the ooe nor Ibe other are to be de-
fined or limited by anv precise rule. Both
arbitrary within tbe spheres of their general
ihorities, and tbe President's instructions are
solute on the collectors, and attempted to be made
absolute on the court for their indemnity. They
are lEsued from lime to time as GUppleroenlar^
law!t to enforce tbe embargo. No direction is
given by tbe bill for their being published, whil^
they necessarily must and will have importar'
effects upon the rights and liberties of our cii
zens. It would still he some consolation if th
unpleasant inquiry mi^ht stop here, but we must
enter on a more painful duty. I have before
asked by what means are these unprecedented
powers to be executed? They are lo be eieci
ted by military force, not to be employed in a
of the civil authoitty, but in the fii ' ' '

the place, and to the exclusion of the civil au- ,

thority. By the twelfth secliun

"It is made laiffnl for the President of the United
States, or such other penon as he shall have empow-
eieil, to employ nich part of the land or nsval forces |
of the United Btatea. o> of the militia thereof, as may
be judged neceauty for the purpoae, in conformity
with the provistons of this and other acts reapecting
the embargo, of prerenting the illegal departure of
any ship or veaael, or of taking into custody and
guarding any articles of domeatic growth, produce, or
maoufsctare, and also for the poipose of prerenting
and ■uppreaaing any armed or Hotous astenblage oi
peraoni reaialing the cuatom-houu officers in the exer-
cise of their duties, or in any manner opposing Uu
execution of the laws laying an embargo, or otheraiaa
violating, or assisting and abetting violations of Ibe

The military may be employed by such person

the President may hare empowered. He maf
designate, at certaiu places in the States, per^oDS
to call oiit such part of the land or naval forces
of the United States, or of the militia, as may b«
judged necessary. Those will be selected who
are most coDveoieDt and in all respects qualified
to act in the scenes to which they may be called.
In these appuinlments the Senate is to have ao
concurrence. They are to be Presidential agents
for issuing requisitions to the standing army, for
militia, and not amenable to any tribunal for
their conduct. Heretofore a delicate and respect-
ful attention has been paid to the State auibori-
lies on this subject. The requisitions of the Gen-
eral Government for the militia have been made
to the Governors of the States; and what rea-
son is there for taking a different course to en-
force the embargo?

Under out present system have not insurrect iooa
been suppressed^ rebellions quelled, and coiobi-
nalions and reaisiance aeaiost lawful aulhoritjr
overcome, by the foree of the General Govern-
ment in co-operation with the State govern-
ments? Is DDl the authority of the marshals
competent to the execution of tbe laws? I see
no cause for these arrays of tbe military through-
out the country, and the unrestrained license that
is to be ^iven to its operations. It is a funda-
mental principle of a free government, '* that tbe
military be kept in subordination to the civil
power," and never be put in motion uotil those
De found incompetent to preserve the public
peace and authority. But, by tbe provisions of
this bill, these Presidential agents may call out
the standing army or militia, or part of them, to
follow in the collector's train, to seize specie and
goods in houses, stores, and elsewtiere, and gen-
erally for executing the embargo laws. And
even the public peace, so far as respects the sup-
pressiug armed and riotous assemblages of per-
sons resisting the custom-house officers in the
exercise of their duties, it would «eem can do
longer be conHded to the States, and it is thought
necessary to surround custom-house officers witb
bands of^the staDding army or militia.

The bill before ui is bottomed on a report of
I Ibe Secretary of the Treasury. How often w^ere

.yGoogIc

HISTORY OF CONGKESS.

DecBMBEs, 1806.

Ei^rtnmmt of tht Embargo.

SCNATB.

his atrennous rcmoDBlranee*, and those of the
ehairraan of the comcniitee who reported (he
bill, (Mr. GiLBB,) formerljr heard agaiiiEt the eX'
teDsioD of Executive patronage and infltience;
the inierfeieoce gf the General Qoverament id
the tocal policy of the Slates, and the ordinary
concerns of the people ; and, shore all, against
Btandia^ armies') Tnen no such Executive pre-
TogatiTes were claimed as this hill comains ; no
■ucliaUemptsmadeas here are made forintrench-
ments on the internal policy of the States, and
the ordinarvconcerns of the people; and then our
Ainiy, Bmall in eompariion with the |»eKnt es-
tablishment, was kept aloof from the aSkirs of
(be State, and the persona and property of the
ciiizens. Our coantry was happy, prosperous,
and resDceted. The present crisii ii portentous,
loternal disquiets will not be healed, nor public
•entiment controlled, by precipitate and rash
measures. It is time for the public counciU to
' pause. This bill, sir, ought not to pass. Ii strikes
at the Tital principles of our repoblican system.
It proposes to place the country in a time of
peace under military law, the first appearance of
which ought here to be resisted with all onr taU
enta and efforts. It proposn to introduce a mil-
itary despotism, to which freemen can never
submit, aod which can never govern except by
terror and ceroage.

Mr. Thrubtor, now moved to recommit the
bill, which was determined in the negative.
And after debate, the Senate adjoarneil.

MoHDAY, December 19.
ENFORCEMENT OF THE EMBARGO.

The Senate resumed the bill making further
provision for enforcing the embargo.

Mr. Lloyd stated, that he had no objeccioa to
the recommitment of the bill, aa proposed by
the sentleman from Vermont. He had wished
for the postponement of it in the second reading,
but the Senate had chosen to order otherwise; be
bad however then said, that he should not feel
precluded from offering his reasons against some
of the details, u well as against the general prin*
ciples of the bill in the third readioK ; and a* be
bad DO reason to suppose that he should be one
of the two addiijonal members proposed to be
placed on tb^commiitee, and as, on a former day,
those who were opposed to the bill were called on
to give their reasooa before it should be eominit-
ted, he would now do it, in order, that if his ob-
servaiions wereof any w^ght,they might receive
from the committee, lo whom the subject was
again to be referred, such consideration as they

Mr. L. observed, that be had not risen to oppose
the bill because the object of it was to enforce a
law to the policy of which he was adverse, but
he was opposed to the bill, because, in itself, it
appeared to him to contain provisions which
would be extremely injurious and vexatious to the
citizens, and principles which, in hisview of them,
were arbitrary in their nature, ind iq their vir-

tual effect unconstitutional. la thus character-
izing the bill, he meant no reflection on the com-
miit«e who reported it; tUey bad undoubtedly
taken a different view of the subject from what
he bad, and if he (Mr. L.) was mistaken in the
estimation he had formed of it, be would rejoice
more than any member of the committee.

By the third section of the bill, said Mr. L., it
is enacted, that it shall not be lawful to put oa
board any ship, vessel, or boat, any specie, goods,
wares, or mercnandise, unless the owner, or own-
ers, consignee or factor, of such ship, vessel, of
boat, shallwith the master have given bond, with
one or more sureiiei to the Uoiied States, in a
sum six times the value of the vessel and cargo,
l>at the vessel shall not leave the port without a
clearance, &c. And by the fifth section it is en-
acted, that general permission shall be given to
vessels (hat nave been uniformly employed in the
navigation of bays and rivers, still to navigate the
same, provided the owners and master, with sure-
ties, shall first give bond to the amount of three
hundred dollars, for every ton of such vessel so
employed; which,ona vessel of que hundred tons
burden, would amount to thirty thousand dollars.

Requisiiioni of bonds to this amount, Mr. L.
said, were in bis opinion excessive. He would
instance the efieet of them on the State of Mas-
sachusetts, not that he conceived they were le-
gislating for a particular State, biit be adduced
the circumstances of that Slate in illustration of
the principles of the bill, because they were most
familiar to him; other States were in different
degrees undoubtedly similarlv circumstanced.
The Hudson alone found employment for near
two thousand coasting vessels.

A very large coasting trade, said Mr. L., waa
carried on between the principal seaports in old
Massachutettsand theDislrictorHaine; this trade,
for the most part, is prosecuted in lumber, lime,
and firewood, towards the Autumn or the closa
of the year, principally in the latter. Theinhab-
itsnis of the old sesporls are not in the habit of
buroing coal for fuel, they make use almost en-
tirely of firewood, for a great part of their sup-
plies of which they rely on the District of Maine,
and this trade is alike important to the inhabilanu
of that district^ who depend in some measure on
the sale of their wood and lumber for their sup-
port. Tbey almoit exclusively own the vessels
engaged in this trade ; these vessels arafron) eighty
to one hundred or one hundred and twenty tons
burden — some of them are worth three or foui
ihouKand dollars ; it will be a fair average to esti-
mate them at two thousand dollars each ; the car-
Soes may be worth from three lo five hundred
ollars: thus then, one of these vessels and a cargo
would be worth about two thousand five hundred
dollars; and bonds for six limes this amount, or
fifteen thousand dollars, will be required for every
trip they make, for only about three or four weeks
employ meat for their vessels.

The coasters are generally of a respectable but
not wealthy class of persons, they inhabit a new
country, thinly settled; foe the land they occupy,
many of them are partially indebted, as well as

.yGoogIc

261

HI8T0RT OF CONGRESS.

252

Ei^arcemmt o^ the Embargo.

DCCEUBBB, 1808 .

for HD extent of seTeral miles, coald. not nrnaier
fifteen thou^iand dollaii in money, to paf the
penally, provided the law was rioiaied ; ihe con-
sequence mast be, eiiher that the regulation must
be a fsUacjr on account of insufficient bondsmen
being girea, and be a mere business of relation,
orihe trade would in many inslauces be abandoned
from inability of tbe owners of rebels to procure
such bondameQ acwould be acceptable to tbe coU
lector. If the latter were the case, and the princi-
pal part of tbe trade were cut off. the iahabitaoia
of tkat Dart of Massacbusetis, who havB hitherto
leeeirea their firewood from Maine, mig^ht be
greatly incommoded for the supplies of an indis-
pensable necessary of lifcj in a climate so incleni'
entas the otie they inhabit j while the inhabitants
of Maine would he equally distressed, from being
interdicted from the pursuit of their ordinary oc-
capaiions, from being deprrTed of a market for
almost the only cash article they now possess,
from procuring clothes to cover them, or of ob-
taining food lor their subsistence, for in many
Sarts of that diftrict they do not raise corn enough
}r their consumption.
And^ said Mr. L., what right has Congress to
prohibit such a trade as this, for an indefinite pe-
riod t It was not given by the Constitution, nor
in his opinion was it by any means certain that
Congress possessed it ; perhaps gentlemen werpnot
aware on now frail a tenur^it might he considered
(bat they held even the right to regulate this trade;
it might be found to rest on no mote solid a ba-
sis than that of sufferance. He knew that there
Vas a sweeping clause in the Constitution, on
which the gentlemen placed great reliance, that
Congress should possess the power to make alt
laws that might be necessary for carryiog the
ConstitatioQ inio effect — but he also knew that
in all political contracts, whatever was not spe-
Oially given, was retained. He also knew that
amendments la the Constitution, whenever they
clashed with tbe original stipulation! in the Con-
stitution, were of superior force — and by the 11th
and IStb amendments, it is expressly declared,
Ibat the "enumeraiioD in the Constitution of
' certain rights, shall not be construed to deny or
' disparage others retained by the people. That
' the powers not delegated to the United States
' by the Constitution, nor prohibited by it to the
' States, are reserved to the Slates respectively,
' or the people,"

Now, said Mr. L., what is the authority given
by the Constitution to the General Government
with regard to commerce — it is comprised in two
lines — " Confess shall have power to regulate
commerce with foreign nations, and among the
several States, and with the Indian tribes." Now
apply this to tbe coasting trade between two ports
in the same State — take for example the ports of
Boston and Portland — and if this trade be not a
trade with foreign nations, a trade among the
Mverai States, or a trade with the Indian tribes,
then sir, whence arises your power even to reg-
alaie it, except from sufferance 1 1( may be aaid

that it is natural to suppose the framers of the
Constitution meant to give to tbe General Gov-
ernment the same power to regulate a trade be-
tween two ports in the same State, as between
two ports in different States — but if their intea-
tion were ascertained, it would not become law;
it may be a coma omiatut, but that does not alter
the fact.

It is true this trade has been regulated by the
General Government — so long as the regulations
were not oppressive, it made no difference to the
Slate, or to the put>lio. whether the regulations
came from tbe General, or from the State Gov-
ernment, and probably would never be objected
to. But screw up these r«ulaiions so tightly, as
10 deprive the citizens of tlieir accustomed avo-
cations, take from them the means of subsistence,
and youraulhority to do ibis will be questioned ;
and should this bill be passed into a law, and a
coaster, eni^ged in trade between Boston and
Portland, was to violate the provisions of it, be
indicted for so doing, and convicted thereof, and
was to demur to the constitutionaliiy of the law.
ii is ver^ doubtfui, said Mr. L^ if thei^ could be
found a judge on the judicial bench of tbe United
States that would inflict on him its penalties.

In the sixth section of the bill it is stated, that
if any ship, vessel, or boat, not having a general
permission, andeiving a general bond as prescribed
by the act, shalltake on board any specie, goods,
wares, or merchandise, contrary to the provisions
of the act, such ship, vessel or boat, with the goods,
wares.and merchandise, shall be wholly forleiled,
and tae owner or owners shall moreover forfeit
and pay a sum equal to tbe value of the ship, ves-
sel or boat, and ol the cargo put on board the same.
Can gentlemen, sard Mr. L., be aware of tbe op-
eration of this clause? Suppose he had chartered
n vessel a forluight since to a merchant of Balti-
more, and this merchant after the passing of the
present act, and contrary to the provisions of it,
attempted to evade the embargo, sent the vessel
to sea with a cargo of ten, twenty or thirty thousaud
dollars, and was delected; was he, the owner of
the vessel, Mr. L. asked, not only lo lose his ves-
sel, but also again to lose the value of ten, twenty
or thirty thousand dollars in addition, as the case
may he, fur the misconduct of another men, of
which misconduct he had neither the knowledge
or suspicion, nor the power to control or prevent '
it f Tbe provisions of tbe second section are still
more excepcionnble with regard to sleighs, wag-
ons, and carriages. Suppose a man of respecta-
ble appearance should have his carriage destroyed
□r broke to pieces by accident in Boston, and
should hire of a hackney coachman, a carriage,
wiihoDt hiring of the same person a driver and
horses, to proceed lo New York} suppose that
after getting to New York, instead of returning
the carriage to Boston, the person who has hired
it, proceeds with it towards Canada, puts into the
carriage fifteen or twenty ihousand dollars in
gold, and is afterwards detected ; is the haehaey
coachoian not only to IcAe his carriage, and three
times the amount carried in it— to lose his house,
bis eritire property — to be stripped naked, Doi for

.yGoogIc

HISTORY OF CONGRESS.

Dechbcr, 1808.

EttforcemenI of the Embargo.

Senate.

■ crime eommitled br him, but for lawfully pur-
suing a business which he had proiecuted not
oolr wiibont ceDiare, but wiih eomraendationa
OB nis iadustry, perhaps for twenty years beforel
This eariooi be, aa ibe ^ntleman from Kentucky
(Mr. Thudbtoh) baa said, with reference to some
of the proriaiofia of this bill. It is too monatroni
a principle of legislalion ever to be carried into
effect, in any free country on the face of the earth.

Bnt, sir, said Mr. L., bad as this is, the nert
aeciion ia still worse ; by that section ii is enacted
* That the person or persons, whose names do, or
' may appear, as owner or owners of any ships or
' Tesaels, either in ibe certificates of registry, en-
' TolmenigOr lieeoae of any such ship or vessel, or
- ' on the last cuiitoiu-house document issued before
' tbe pafsiD|[ this act,Ehall be reputed as the true
' owner or owners of such ship or vesselj and be
'liable to the payment of nil penahick which may
'be incurred by the owners of such ship or vessel,
' by reason of any viulaliou of any of the provi-
'liona of this act, or of the act laying an em-
'bai^o." It is well known, said Mr, L., to all
mercantile men, that the custom-house officers
will not let (be owners of ships keep their own
registers ; so soon as the vessel enters, the register
is taken from the captain by the collector, nor
eaa the owner get it or obtain a new one until
the veaseJ is again loaded and ready for sea.
Suppose, said Mr. L., he bad sold a vessel last
January for ten thousand dollars, to a man whom
he knew nothing about, who had paid him the
purchase money — in conseauence of the embargo,
this purchaser of the vessel had not been able to
send ber to sea until this lime; but perhaps a fort-
night after the passing this bill, he puts a valua-
Ue cargo on board tbe vessel, attempts to evade
the law, and is discovered ; am I, said Mr. L., to
be punished to the amount of the vessel and her
cvgo 1 Am I to be redoced from afflaeace to b^-
gary for Ibe conduct of a man with whom I have
no more concern than with an inhabitant of Kam-
aehatka, and of whose doings I had no more know-
ledge— merely because 1 sold him a piece of pro-
perty and conveyed it to bim in conformity with
a special lawof Ilie United Staleii, twelvemonths
before (he eiisteoee of the law, under which I
am pDnishcd for this offence? This is not only
an ex jntt facto law — it is punishing the innocent
with the gnilty' — it 'n going one step beyond tbe
Mosaical regulation mentioned by the gentleman
from Vermont, (Mr. Bri.dlet.) it is not only
punisbing the man that owned the bullock, but
It is punishing tbe person who sold the cow^ that
brought lb* bnlloek, that committed the injury!
This, said, Mr. L., may be sport to ns, but it will
be death to the victims who cume under the oper-
ation of the bill, shootd it ever become a law.

Mr. L. observed, that there were other minor
objections to the bill, with the ennmeratlon of
which, as the bill wonld be committed, he should
not then trouble the Senate — but with regard to
the authority given to the President, under him to
the collectors, to arrest and detain the property of
the ciiizeus on suspicion ; with resard to the ex-
cmpiioD granted to tbe collectors from actions at

law, or civil process in consequence of their con-
duct under instructions received from the Presi-
dent of the United States ; and with regard to the
autborily given thr President, to delegate the
power to whomsoever he might please— to call
into actual service the militia of the United
States, without reference to the State autbori>
ties — he considered them as principles totally
hostile and repugnant to the feelings and all the
political institutions of the American people.

Mr. L. said, he knew that the Constitution of
the United States was tbe paramount law of the
land, but he also ktiew, that Constitution possess-
ed only the powers that were given to it, and
that, as well as the several Slate constitutipns, it
was predicated upon the same broad principles of
civil and rational liberty — principles whica can-
not be infringed in a free country ; for in whatever
country these priocipies are violated, that country
ceases to be a free one. Among these principles
are the following :

All men have certain, natural, essential, and
inalienable rights — and amon^ them, the right of
enjoying and defending their rights and liberties;
of acquiring and possessing and defending pro-
perly.

Each individual of the society has a right to
be protected by it. in tbe enjoyment of his life,
liberty, and properiv, according to standing laws.

Every man ougnt to find a certain remedy by
having recourse to the laws for all wrongs done
bis person, property, or character; he ought to
obtain right and justice freely and without being
obliged to purchase it — promptly, and without

Every citizen has a right to be secure from all
uoreeionable searches, and seizures of his person,
his bouse, his papers, and all his posseMions.

Laws made to punish for actions done before
the existence of such laws, and which have not
been declared crimes by preceding laws, are un-
just, oppressive, and inconsistent with the funda-
mental principles of a free Government.

The military shall be kept in entire subser-
viency to the civil power.

In free Qoveinmenis, the Legislative, the Ju-
dicial, and Execntive branches ought forever to
be kept distinct, in order that they may be Gov-
ernments of laws, and. not of men.

Now, sir. (said Mr. L.,} it appears to me, by
this bill, that every one of these principles is
violated.

Instead of the citizens being subject to standioc
laws perspicuously formed, and which promai-
gate offences before punlsliment is inflicted for
tbe commis<;ion of them, by this bill they may be
tnade to suffer not for crimes, but for lawful and
commendable actiotis performed in the usual
course of their ordinary business, many months
before such a law as this was even thought of.
Instead of their being placed under the dominion
of a (jrOTernraent of laws and not of men^they
may, by this bill, be subjected to the arl»trary
wilt, whim, caprice, malevolence, misconstrne-
tion,or misinformaiion of an individual; aod,Mr.
L. said, it made tio difference io opinion, wbether

.yGoogIc

HI8I0ET OF CONGRESS.

2S6

Senate.

En/arcement of tke Embargo.

Deoembeb, 1808.

tbii iodividual w«re the Pruideoi of the Uoiied

Slates, or a collector — tjiey nrere both human
beings, and as much liable lo CTtorj the principle
being radically wrong in itself, ibe persun acting
nndti it, could not Eanetion it.

Tnitrad oftbc citizens obtai nine justice prompt-
ly and without delay — instead Drtaeit being able
to find speedy redress for all wron^ done to their
persons, their character and iheit property — in
consequence of the attacks of the soldiery, of an
Dol'ounded imputation <o violate the iawa of their
country, or aa undue arretialion and deteniion
of their properly — a shield was interposed be-

laws had lost their omue with- regard to collec-
tors. And if it were poMible to conceire. that a
President of the United States, from iniscon-
•IruclioD, from inattenlion, mistake, mental de-
rangement, or corrupt TJews, coold give unau-
thorized instructions to the collectors, and the
ciliEens were lo suffer severely under them ; Mr.
L. said, it appeared lo him, that the only course
they could pursue to obtain redress, was to insli-
tuteasuit against the incumbent or the indivi-
dual who might be in the office of the President,
and with this suit to travel oQ from the district
court lo the circuit court, from the circuit court
to the Supreme Court, from Passamaquoddy to
Washington — aad after dancing attendance sev-
eral months at this city, if they were successful
in the issue of the suit, qnd were also so fortunate
as to have a very liberal jury, they might srand
name chance to get a verdict in their favor, with
or without one half the value of the loss of their
time and Ibe expenses of the prosecution.

Instead, said Mr. L., of [he miliiary being kept
in strict subordination to the civil authorily~ia-
atead of the three great branches of Qovernmi
being kepi for ever distinct, it appeared to hi
that Ibe military was exalted above the civil

Kwer; that the three disliDguishioK features of
e Government, the Legislative, the Judicial
■Dd the Executive — instead of ibeir being kept
forever separate — were by this bill amalgamated
and absorbed by an individual, who on the slight-
ett circumstances in nature, on trifles light as
air, gels bis suspicions exciied; on these suspi-
cions he form3>aa opinion, on which opinion be
passes judgment, and this judgment he is author-
ized to carry into effect, against perhapE

necessary for him to employ it.
This slate of things, said Mr. L., ci

It be;

} wound the feelings of any genile-
man, hut he must speak freely on the subject;
principles of this sort appeared to him more nearly
allied to the bow-siring discipline of a Turkish
despotism, than to the pure and wholesome laws
of a free and elective Republic. The entire con-
viction which gentlemen might feel in their own
minds, that the person lo whom these powers
were given would not abuse them, ought lo form
no excuse for enacting such laws ; they were not
legistatijig for themselves alone, bat also for po»-

teriiy. If there were no other objections lo the

bill under consideration, it contained precedents
of the moKt dangerous tendency, which might in
future, if uol at present, be perverted to the worst
of purposes. For these reasons, Mr. L. said, he
waa opposed to the bill, and he boih hoped and
trusted it never could nor would pass into a lair
oftlie United States.

When Mr. Lloyd had concluded, on motion,
by Mr. Bradley, the bill was recommitted to the
original committee; and Messrs. CsAWFOan and
Thbuston were added to the committee, further
to consider and report thereon.

TuBaoAT, December 20.

A message from the House of Represents lire*
informed the Senate that the House have passed
i "An act authotiaing the
tnsions by the Secretary o
theseat of ttovernment," in which they request
the concurrence of the Senate.

The bill was read, and passed to the second
reading.

Mr. QiLEs, from the committee to whom waa
recommitted the bill making further provision
for enforcing the embargo, reported amendmenta,
which were agreed to as in Committee of the
Whole; and the bill was further amended, and
the Pbebidekt reported the bill to the House ac-
cordingly. On the question, Shall this bill be en-
grossed end read the third time as amended? it
was determined in the affirmative.

Wednebdat, December 21.

The Pbebideht communicated the petition of
Bunice Hunt, widow of the lale Thomas Hunt,
Culonel Commandant of the first legiwent Uni-
ted States' infantry, stating the '' numberless dis-
tresses of indigence to which she is exposed, ia
a remote cornet of the territories of the United
Stales," and praying such relief as may to Con-
gress he deemed proper ; and the petition was read
and referred to Messrs. Mitcuill, Fbahklin,
and Sduter, to consider and report thereon.

Mr. Bradley, from the committee appointed
on the 13tji instant, to ascertain and report the
expendilures and probable estimates in relalioa
to the public buildings in the City of Washing-
tun, made report; which was read fo( considera-

Mr. MiTCfliLL, from the committee to whona
was referred the bill, eniitled ''An act authori-
zing the President to employ an additional num-
ber of revenue cutters," reported sn amendmeat ;
which was read and ordered to lie for coQsidera-

The bill, entitled "An act authorizing the pay-
ment of certain pensions by the Secretary of
War, at the seat of Government," was read the
second time, and referred to Messrs. ANnERBON,
TipriN, and Robihson, to consider and report
thereon.

Mr. TiFFin, from the committee, reported the
bill making further provision for enforcing the
embargo correctly engrossed.

.yGoogIc

mSTOET OF CONGRESS.

Enfireement tf the Embargo.

je from the Houm of RapreMDiaiires
infarmed the Senate thai tbe House have pssaed
■ hll, ealitied "An act for the lelief of William
Wbite and othors;" alio, a bill, entitled "An act
aalborizins thr proprieiarB of squares and lois in
itecily of WasbiDgtOD to bare the sami! subdi-
rided aad adiaitleid to record;" id wbieh bills
Ibef reqtieal tbe coacurrerice of [be Seoale.

ENFOKCEMENT OF THE EMBARGO.

Tbe bill making farther provision for eafor-
eintt the enbaTgo was read the third time ; and
the title having been amended —

Mr. QiLBi Mid, 1 am Mntible that I owe an
apology to the Senate, ai chairman of the com'
mitie^foT not hafins made aa espositioo of the
object* and principles of the bill, reoorted for
coaiideratiDD. at an earlier sta^ of tne discut-
■ion. This omiasion baa Dot in the smallest de-
cree been influeoeBd by kdj apprebemion, that

these prineiplei are indefensible ; but, in a-
pee, irom a desire ti ' '

mysrlf, at much
possible, from intermixing in diseusiioDs J a task
which is never agreeable, but is at present pecu-
liarly distressing and afflicciag to my feeliagv. I
alw thought that the seMion had already been
i rafficicDtly fruitful of discassions intimately coa-
seeied with the bill before us ; and tbat the pgblic
inierest*, a( this time, required action. I know,
I too, sir, that I owe an apology lo the Senate, for
\ tbe great number of amendmetits which, nnder
their indulgence, has been made to this bill after
I it WM first presented lu ibeir com i derail on. But,
' )ir, yoa will find some apology in tbe intrinsic
difficulty and delicacy of ihe subject itself, and
alto in the disposition manifested by the commit-
tee, to give to tbe abjections made by the oppo-
neoit of tbe bill, that respectful attention to
whieh many of them were ceTiaialyenti[led,aa<l
to accommodate its provisions, as far as possible,
to the views of those gentlemen. After every
effort, however, to effect this object, it still ap-
pears that the bill presents temptalioos for ad-
dressing the popnlar seusibility too strong to be
' reaisiedby gentlemen in the opposition, They
have, accordingly, with great zeal and ability,
deecribed the prorisioni ot the bill as dangerous
and alarming to the rights and liberties of the
people. Thw, sir, is the common eoQrse of op-
position, and applies to every strong measure
reqairing the exercise of mnch Executive discre-
tion. I think, however, T sball be able to show
lluit there is no new principle contained in Ibe
jproviaione of that bill ; bat that every provision
II contains is amply justified by precedents in

CB-eziBting laws, which have not been found to
so destructive to the rights of the people, as
gentlemen strenuously insist similar provision) in
this bill will be, if they receive the sanction of
law. In performing this task, 1 shall \^nn^
view only such parts of the bill as have been ob-
I jecied to by gentlemen, preauming, that as their
objections have evidcnily been the result of great
indnstry and deliberation, alt other parts of ibe
bill remain unobjectionable. I shall also, per-
hap*, aroid some of the obaervatioDt respeeting
lOth Com. 2d Seas.— 9

minnte details; apply my remarks generally to
principles] and thus bring my observalions and
replies into as short a compass es possible.

Tbe gesileraan from Connecticai (Mr. Good*
atOH) commenced his remarks by declaring ib«
embargo to be a permanent measure, deprecating
its effects, as ruinous at home and ineffectual
abroad. Tbeie observations have been repeatedly
made by others, and already replied to by several
gentlemen, as well as myself; and I am strength-
ened in the correctness of tho^e repli^ by all the
further refieclions 1 have been enabled to bestow
upon them. This part of ihe subject will, there-
fore, be passed over without farther notice, ei-
eept to remark, that perhaps one of the causes of
the inefficacy of the measure abroad, has been
the unprincipled violations of its provisions at
home ; and the great and leading object of the
present bill, is, lo prevent such violations. Upon
this part of the subject, I am happy to Sod that
one of its most strenuous and judicious opposers
(Mr. Hillboube) has candidly informed the
Senate, that the. provisions of the bill are admi-
rably calculated to effect that object — and if in
[beir practical operation, they should realize the
character anticipated by that gentleman, I shall
feel no regret for that portion of labor I have be-
stowed upon ihem. Indeed, I sball congratulate
the committee as well as myself ia having been
so fortunate as lo find a competent remedy for so
great an evil.

The gentleman from Conoeciieut (Mr. Good-
ch) mforms u^ that the public councils are
pressing on to measnres pregnant with the most
' ning results. I hope ihe gentleman is mis-
a in his apprehensions, and I should have
been much pleased if the gentleman had been
good enough to point them to a better course ;
'tut, sir, he has not done so, nor has any gentle-
nan on the game side of tbe queilran. Indeed,
lir, it would give me great pleasure to do some-
thing that would be agreeable lo our Eastern
friends; but, unforlunately, amidst all tbe intrin-
sic difficulties, whieh press upon us, that seems
not to be among the least of tliem. The gentle-
men themselves will not explicitly tell us what
would produce the effect — and 1 am inclined to
think that nothing short of putting the Qovera-
meot in their bands wonid do it. Even this
would not be exempt framdiffleulties. The gen-
tlemen from that part of the United Slates are
nearly equally divided among themselves respect-
ing the proper course of measures to be pursued,
and there ii an immense majority in every other
part of the United States, in favor of the meas-
ures proposed ; we are therefore surrounded with
real and intrinsic difficulties from every quarter,
and those of a domestic nature are infinitely the
moat formidable, and most to be deprecated. In-
deed, Mr, under present circumstances, the admin-
istration of the Government cannot be a pleasant
task; and, in my judgment, it requires a great
effort of parriorism lo undertake it, not on ac-
count of external pressures, but on account of in-
ternal discontents, siimulated too by so many
artfal intrigues. But for these unfortunate cii-

.yGooglc

289

mSTORT OP CONGEESS.

260

Semate.

Enforcement of the Embargo.

Dboehibr, 1

cam ■tan CM, every gentleinaD would ftel an hon*
orable pride Id coniribuiiaf; his efforts to derise
meBsarei for rep«lliag foreign %ggrea\oM,aad he
would court the retpoDsibiliir aciacbed to his
•lation. 1 would not, Mr. Preiideot, gire up a
•ciniilla of ibat portioD of tbe responsibility whicb
tbe eriaii imposes od me. ludeed, sir, to hare the
honor of bmring my full ihare of it, is the onlf
inducemeot I bare at this moment for occupying
a place on ibii Boor.. Without (bat coosideratioo
I should now be in reiiietnent. But when I turn
my eyes upon internal divisions, discontents, and
violations of law, and am campclied to think of
mcasum for their •upprrasion, it producet the
most painful KnniionB, and distressing leflec-
lioDi.

The gentleman from Connecticut (Mr. Qoon-
BicH^ has been pleased to remind me of my op-
position to former Adminiitraiians j and ha faas
thought proper to auiga me a higher place in
the ranks of the opposition than 1 erer aspired
to. If tbe gentleman will review the proceed'
ings of former days, he will probably nod that
my opposition was directed more to the objects
contemplated by former AdminisiratioDi, than to
the means of effecting objects generally ap-
proved.

[Mr. GoooBicB rose to ezplaio. He said that
be did not mean to refer to the gentleman's op-
position to those Administrations generally, but
to the transfer of legislatire powers to the Gi
lire particularly.!

I understood ine gentleman differently, but
aland corrected by bis explanation, and will waire
the intended reply. 1 am now, however, unwil-
ling to louk into retrospection ; it could only pro-
duce in unpleasant ana unprofitable examination
— it is now, OS it has been from (be beginning of
the session, my unceasing effort to tsKe a pros-
pective view of measures — I would rather follow
the example of a celebrated Roman conqueror.
It was his maxim always to forget the last defeat,
and to turn his wholtt thoughts upon tbe best
means of obtainiog victory in tbe next baiitr
Stimulated, then, sir^ solely by a solicitude to di;
cover what the public interests prospeciirely re-
quire, I will proceed, with the most respectful
attention to the gentlemen in the opposition, to
examine the objections urged against this bill,
both generally and particularly.

The great principle of objection, the gentlemen
tell us, consists in the transfer of legislative pow-
ers to the executive department. This is an old
and nbslraei question, often heretofore brought
into view, and leads to endless discuisioi *
think I shall be able to show, that (he bill i:
duces no new principle in this respect, but only
applies an established principle to new practical
onjects. The general principle of tbe separi
tion of departments is generally admitted in tl
. abstract; but tbe difficulties in this discussic
arise from aptilying the principle to practical oh-
jects. The great difficulty eiisU in the attempt
to fix on tbe precise boundary line between legis-
lative and eiecoiive powers in tbeir practical
operation. This is not possible. Tou might at-

tempt the search for tbe philosopher's stone, Ot
' discovery of tbe perpetual motion, wi(h as
:h prospect of luccesa. The reason ef ibi*
difficuliv is, that tbe practical objects aad evenli,
to whicn this abstract principle is attempted lobe
applied, are perpelnally varying, accordiag 10
the practical progression of human affairi, and
therefore cannot admit of any uniform standard
of application. Thisreflectjon might havesaved
tbe gentleman from Massachusetts (Mr. Liotn)
the troable of reading to us the constitution or
bill of rights of Massachusetts, in which the
principle of separation of departmeats is very
clearly aad properly laid down, and which will
be very readily aaaenled to in tbe abstraei, but
which fernu no pact of the qneatloo in dispute.
It cannot, however, escape observation, that ihit
principle is not laid down, even iitibeabgirset,iii
the Consiitation of ibe United States; and, al-
ttioDgb it is the leading principle of the Consti-
tution, and probably waa the principal guide in
iu formation, it m oererthelen in several respects
dc per led from.

This body partakes essentially both of the le-
gislative and executive powers of the Qovern-
ment. The execolive department also partakes
of tbe legislative powers, as far at least as an ap-
probation of, and a qualified negative of the laws
exiend, &c. I make these observations, .however,
not in derogation of the general principle of the
separation of powers among the several depart-
ments, so fsr as is practicable, but merely to show
that there must necessarily be some limitations in
its practical operation. Perhaps the best general
rule for guiding our discreiion upon this subject
will be found to consist in this: That legist ati on
ought to eileod as fur as definition is practicable
— when definition stops, execution must necessa-
rily begin. But some of tbe particular proviaiooa
of this bill, will furnish more precise illustration*
of my opinions upon this question ; it wilU there*
fore, be waived until 1 shall come to iheic eon'
eideralion.

I will now proceed to examine the more pat-
tiaut«r objections urged against the detail of this
bill. Its provisions respecting tbe coasiing trade
are said to be objectionable in tbe following
respects :

First objection — The penalty of the boods re-
quired, is said to be eXBessive. To enable ds to
decide correcilj upon this point, tbe object pro-
posed to be effected, and the penally required,
should be considered in reference to each other.
The object ii to prevent, by means of coastiikK
vessels, domestic articles from being carried
abroad. Flour, for instance, to the West ladies.
Tbe price of that article here, is less than five
dollars ; in the West Indies, it is said to be thirty
and upward. The penalty of the bonds required
is six times the amount of the value of the vessel
and cargo. Is an^ gentleman prepared to say, k
smaller penalty will effect the object 1 I presume
not. Indeed, the committee were disposed to put
it at tbe lowest possible point, consistently with an
effectuation of the object; and probabltr it is
rather uw low (or that pnrpoce. As to the pea-

.yGooglc

HISTORY OP CONGRBSS.

262

Deo«hbe8, 1308.

Ei^orcemejU of the Embargo,

Sbmatb.

ally, according la the toonage of Tewels, i( U be-
lieveJ, DO alteration in lbs existing laws i) made
in ibat respect. Tbece penaltiea will appear the
more reasonable, wben it ii recollected, Ihat,
through ibe iodulgenee girea of the coasting
trade, most of the violaifoDi of the embargo laws
hare been eontrired and effected.

Second objection — The collector^ maf be in-
fluenced bj parly spirit in the exercise of their
discretion. It is hoped thai this will ooi be
ih* eaae, and if it were, it would certainly be
mncb to be regretted, h may, however, proba-
Uy happen, and is one of the iaeoiiTeitiencea of
tbe ayttem.

Third objection — The high ppntliies of the
bonds will drive many peraona of small meant
trom ibeir accustomed oecupalions. They will
Oct be able to procure the competent security for
their prosecuiioD. I( is not to be presnmed that
this will be the effect to any great extent. If the
owQcr it koowo to be honesi, and has in tIcw
legal and honest objeels, I hare very liiile appre-
heosiuD of his not being able to get the tecnrity
required. But here tbequesiion recurs, are these
apprehended inconveniences of sucb a nature as
to render it uecessarf to abandon a great national
object, fur the accommodation of * few individu-
als who are affected by them 1 Is the last effort
to preserve the peaceof the nation, to be abandon-
ed from these eonai derations ? I should conclude,

The next objections are made to the seventh
aection of the bill, which provides that itresa tif
weather, and other unavoidable accidents at sea,
shall not be given in evidence in a trial at law to
save the penalty of bonds given as security againtt
the violation of the embargo laws. It is knowD
that, through pretexts derived from this permis-
aion, at present, mod of the violations of these
laws have be^ committed with impunity— it is,
therefore, important to thefuiareexeeotioDof the
laws, la take away these protaxts. But it is ob-
jected that this lesulalioD manifcatt a distrnsi of
oaths. It does, ot what is called cuatom-honae
oaths J their vialation is already almoat prover-
bialj itdoes not, however, produce nor encourage
this profligacy j it lake* away the temptation to
it. It is further laid, it impairs the trial by jury —
Tery far from it; the trial by jury ilillexists; this

Srovision only i^ulates the evidMice to be pro-
need before the jury. Oeatlemen state partico-
lav hardships which may take place under this
regulation. It is easy to sute possible hardships
under any general regulation ; but they have never
been deemed sufficient abjections to general regu-
lations producing in other respects beneficial re-
sults. This bill, however, contains a provision
for relief in all cases of hardshiin under tbe em-
bargo laws. The Secretary of ibe Treasury is
aulhotized togrant relief in all such cases. This
power veiled in the Secretary, is also objected to.
It is said to manifest a distrust of cnarta, and to
transfer their powers to the Secretary of thi
Treasury. Whatever may be my distrust of
some of the courts of the United States, I can
aay that eoustderalion furnished no indwement

to this [H-ovisioo. Ii is a power not suited to the
organization of courts, and it has for a long time
been aierciaed by the Secretary of the Treasury
without being complHined of; Cungress pro-
ceeded with great caution on this subject. Qa the
third day of March, 1797, they first introduced
this principle into their laws, in relation to the
collection of the revenue; and, after an experi-
ment of nearly tbree years, on the eleventh dav
of February, 1800, they made the law perpetual.
This will appear from the 12th section of this
bill, which merely borrows this provision from
pre-eiisiing laws. It introduces no new principle
whatever. This doctrine is carried still further,
by an act passed tbe third of March, 1S07, in the
eighth volume of the laws, page 318 :
>' An Act to prevent HtUeisenta being made oa lands

ceded to Ihe United States, until ■uthorized by law.

" And it sfasll margover be lawful for Ihe Presidanl
of the United fitiles to direct the Msnhil, or officer
Bcting u Muahal, in tbe msnuer hereiusfter directed
sod >Iso to take such other meuurea, uid to employ
such military filToe as he may jndg;e uecessary anil
proper, (o rEmoTe from Isuds ceded, or secured to the
United Statea by treaty, or ecaion as sibreuid, any
parson nr psnons, who shsll hereaftar take poasessioa
of the saoie. Or make or stteoipt to make a ■BttUmant
tbeTBOB. until antborlaad by law."

Here the President ia authorized to use the
military force to remove settlera from the pnblie
lands without the intervention of courts; and
the reason is, ibat ibe peculiarity of the case ia
not suited to the jurisdiction of courts, Dorwould
their powers be competent to the object, nor, in-
deed, are courts allowed to interfere with any
claims of individuals against the United States,
but Congress undertakes to decide upon all such
caaes flnally and peremptorily, without the Inter*
vention of courts.

This part of iJia bill is, therefore, supported
both b^ principle and precedent

While speaking of the distrust of courts, I hop*
I may be indulged in remarkiug, thatiDdividuel-
It my respect lor judicial proceedings ia materi-
ally impaired. I find, sir, that latterly, in soma
inslaneei, the ealloai insensibility to extrinBle ob-
jects, which. In times past, was ihouffht the most
nonorable trait in the character of an upright
judge, is now, by some courts, entirely disrespeei-
ed. It seems, by some judges, to be no tooger
thoogbi an ornament to the judicial character,
but is now substituted by the moatcaprieiou* iea>
sibi lilies.

Justiea was formerly painted blind, as a proper
emblem of this booorable insensibility to exterBtl
objects; but modern justice might more properly

be represented by the most bright-eyed goddess
of the whole Pantheon— Iremblinglv alive t
the influence of all external objecis, ana so repleti

with irritable feelings, as, upon some occasion*,
to approach almost to hysterical affections. When
judges so far forget the true character and dignity
of tneir stations, judicial proceedings cannot long
preserve the respect heretofore attached to them.
The next objections are made against the nintlk
tcciioa of the bill ; it ia in tbe foUowing worda :

.yGoogle

HISTORT OF CONGRESS.

SlIIJlTI.

Enforcement of the Embargo.

December, I80S.

•■ That ths collMUn of all the d'atmu of the Unit-
ed StktM, iIibU and tb«; ue htitby luthoriud la take
into their cuitodj ipeeie or any article! of domeatic
growth, produce, or manulaotaie, when there ii reanon
U) beliBTB that the; bis intended for elportntian, or
when in Teweli, carts, wagons, ileiglu, or any other
caniagB, or in anj manner apparently on their nay
towanl the territoriea of a faieign nation, or the ticin-
ity thereof, or towud a place whence lucji aiticlea are
intended to be eiporled ; and not to permit luch arti-
cle* to be remoTed until bond with (ufficient luietiei
Aallhaiebeen gi*enfor the landing or delivery of tho
■ame in BOme place of the United Statu, whence, in
■he opiaion of the collector, there ihall not be any dan-
ger of aneh artidea being exported."

Tbe objection i\ that it vioUtea the fotlrlh ar-
licle of the aniendmeQts Co tbe Comiituiion ; that
triicle ii in the following words :

" Art. 4. The right of the people to be aecnre in
fileir peraoni, houaeii papery and eflecta, againat nn-
naaonable searchea and aeliarea, ahall not be violated ;
tm warnnti ahall iiaue, but upon piobaUe cauaa, lup-

Krted by oath or allinQation, and paitienlarly deacrib-
I the place to be aeaicbed, and the peraona or thing!
to be ■eized."

If this leciioD, or soy other, riokted this or
KDjr other irticle, word, or letter of the Conatltu-
tion, the bill would drop uaaupported from my
handa. The only question which arise* between
tbia (ection and tbe fourth enicle of the Coniii-
totion ia, whether the aeizurea here aalhorJKpd
&re reasonable or unreaionablel I believe tbal
•Tcry person will conciiid^ that when property i>
JBleoded to be uaed to violate the lawt of ibe
United Slates, and to tceoioraodate their enemies,
that it ought to be aeized, and the abject of its
owner prevented ; SDcb seizure, therefore, cannot
be deemed unreasonable, and of course not un-
caostitutionnl: as to searching, there is no power
whatever in the section given to .enter iato houses,
nor to search tbem, either with or wiihouc a war-
ns t, neither in the day, nor in the night time,
and of course tbe clause respecting searches. can
in no respect whatever appl^ to this section.
Seizure?, under leu imperioua circumsiaaces, are
jostiSed by all your revenue laws, &c., and as
•ne case in point among others, I would beg to
read an eziracl from tbe fourth volume of laws,
aeeiion 69^ page 3S9:

'An Aet to regolata the collaction of dntiea on imports
and tonnage.

" Sie. 68. That erery edlector, naval offlcer, and
■Dveyor, or other persons specially u>poiDt«d by either
•f Ihem for that purpose, ahall have fiill power and au-
thority to enter any ship or veasel, in which they shall
bare leaaon to snapect any goods, warei, or merchan-
dise, aubject to doty, are concealed, ajid therein to
aearch lor, seize, and secure any such goods, wan
merchandise," &.C.

1 have never heard of any complaint from this
node □rproceedins' ineollecliTig toe revenue, and
Ibere certainly ought to be none against a similai
provision for enforcing a due observance of thi
embargo laws.

It is said this section violates tbe fifth article
of ths anftndmeiits to the ConsiiiQiiDD. Tlie

^ihefof.

mere reading of this article will be sufficie
show that (I has not the remotest reference tc
part of this section in question,
lowing words;

1 ihsll be held to snswer for a csfntal or
■ crime, unless on * presentment or in-
grand jury, except In eases arising in th«
land or navsl forces, or in the mflitia, when in actas.!
time of war or pablic danger; nor ihall any
person be subject for the same ofience to be twice pnt
'" jeopardy of life or limb, nor shall hs bs compelled in
ly criminal ease to be a witnsas against himself, n(»
be deprived of life, liberty, or property, withoBt dna
process of law ; nor ahall private property be takon for
pubhe vie without j ost osmpenaatwMi-"
No private propsrif is proposed by thissectioD
be taken for public use, either with or without
impensation, but merely that it should be held
for the owner until he should give security that
thereby violate the law. Ibegleava
to refer to a cawe in point to justify this provision.

nthei

inth section of the revenoe taw

just read, fourth volume, page 390; tbe wotdsare

Sic. 69. That all goods, wsres, and merchandise,
which shall be seiied by virtue of this set, shall be put
into and remain in tbe custody of the collector, or such
other pemjn as he shall appoint for tbat pnipose, nntil

' proceeding! shall be had aa by this act are re-
d, to ascertain whether the saae have been for-
feited or not," dec.

The seventieth seclion of the Same act eitenda
tbe doctrine of seiznre for the violation of the lair
still further. It is in the fallowing words :

"Sxc. TO. That it shall be tbe duty of ths several
ofltcer* of tbe customs to make seizures of, and secura
any ship or vessel, goods, wares, or merchandise, which
shall be liable (o aeisure, by virtae of this or any other
act of the United State* respeetinf tbe revenue, which
is new or may hereafter be easctad, aa weU without a*
within their respectivB diotiieta."

The mo^t alarmtnir objections are sugrested to
be contBined in the following clause of tne teotli
section of the bill:

'■Bur, 10. ^nrf foif^rfAtrenorfrf.Thatthepow-
ers given to the eollrrtors, either by this or any other '
aet reipectins the embargo, to detain any vessel, or to
take into tbsir custody aoy articles fbr the putpoMi of
preventing liola^ona of the embsrgn, shall be exercised
la eoufbrmity with sncb instructions as the President
may give, and inch ysnerst rules as he may [nvscrib*
for that purpose, made in pursaaaee of the pawera
afijresaid; which insltaetiona and geaeial lules Um
collectors shall be booad to obey."

This clause merely provides for the transfer of
powers previously given to the collecton, to the
President, for the purpose of producing, as far as
nraclicRble, uniformity and impartiality in their
eieeuiian. It was hardly Id have been expected
that ingenuity itself euuld have found an objec-
tion to this provision. But it is said that this
clause gives the President's instruetiotis tfaeforctt
of law. ][ certainly docs in relation to the ob-
jects to which thei^ are directed and limited.
What are these objects? They are incidental
ocanrrences arising in the coum of ibeezecotioa

.yGoogIc

fflSTOET OF CONGRESS.

Dbckmbbr, 1S08.

Ettfitrctment of the Embargo.

of ibe embargo lawn, wbicb enn neither be fore-
jeea nor guarded Rfraioat by legislalion id any
olfaer tray, because tbey are incapable of defim-
tioD ; this provision relates (o ereou and details
not ineitfiience. buiwhicbmay probably happeo;
events and delails, therefore, incapable of defini-
lioD, and of course cannot be reacbed by legisla-
tioa without tbe aid of the executive departmenl.
This ease servea to illuilraie the general princi-
ples I befoi-e laid down reipeclio^ the transfer of
legisiaiiTe powers to the executive department.
But, >ir, as great atreu hai been laid upon Ibia
objection by tbe opponents of the bill, permit me
to examine ihic doctrine io reference to the pre-
ezisiing practice of this Qovernment with more
minute altenlion. In this examiaalion it will be
found, that, at all times, since its establishment,
when it had an ubjecrfin view which could not
be defined, and of course conld not be reached by
legislation, it has called in the aid of executive
discretion for the purpose, sontetimes with more,
and someiimes with less limitation and realrie-
tion. In the first place, let me cmll aiientiun,Bir,
to tbe act of tba last session of Congresj, to ou-
ihorize the Preiident to suspend in whole or in
part the several embargo laws, in tbe following
words : •

••An Act to ■othcruia tba Praaidnit af tha United
Stataa, vnder ecttain leatriclioiM, ta anipend tha op-
watioik of the act laying an embar^ on aH ihipi
and vesasli in the porta and turboia of the Unilad
Statoi, and the wvatsl actsaapplaneataiy theieto.
" Btit enacttd by the Senatt and Haute of BtBT6-

auapenaiMt »f boatilitiea batwsen the baDigerent Pow-
•TB of Envopa, ar of aaoli change* in their meunre*
•fltetinf Dontral eommene, a* may render that of tbe
United State* •ufteiendy safe, in the judgment at the
PpMident of the Unilod States, ha is hereby lutharitedf
during tha roeeaa of Congrev, to suspaDd, in whdia or
in part, tba act laying an anbaifie on aH ahipa and
vewela in the ports and harbors of the United State*,
and tbe saverat acta snpplementary thereto, under soeh
exceptions and restrictions, and on such bond and le-
curity heiug given as the public interest and cireum-
staDcea of Ibe com may appear to require. Frovlited
such siispension shall not extend beyond twenty day*
after the luit mreliug of Congress.
" Approved, 22d April, 1808."

which might have ocoutreil during the recess of
Congresa; and if it bad taken ]>lace, it would
hare been all important to the intaresis of tbe
people, that the suipensioa of ihe embargo should
take place in consequence of the happening of the
coniemplaled events. Congress, therefore, after
extending legislation as far as it eotiid do in de-
fining the circamslances in which the saspenaion
might take plmce, did not hesitate to trust to ex-
eentive discretion for making the necessary de-
cisions and arrangements respecting all other
circumstances which might occur, bat which
could not be foreseen ; becaase tbev depended
opon the wilt of foreign nations, wbicn could nei-
ther be amicipated dot oosiroUed. But, air, pei*

haps gentlemen will be inclined to disrespect ihii
precedent, because it was adopted without the
sanction of their votes. 1 will, therefore, inra
ibeit attention to a precedent, sanctlonrd, I be-
lieve, by the unanimous voles of both brancbesof
tbe Legislature, and certainly by the votes of the
gentleman from Connecticut (Mr. Hillbodse}
and myself, and approved by the then Freiident
(Qen.WsBHinOTOH.)' 1 allude to an act which

Kssed the House of Representatives oo the 30th
ay, 1794, in tbe following words— approved the
4lh June :

"An Act to authorize the {Resident of the United
States to lay, regulate, and revoke embargoes.

" BeU tna^ed bv Ac SataU and Hoiut of San-
taaattwt of the United Stalei of jlnuneo, m Cni-
greit OMtmhltd, That tbe PiasiiUat of the United
States bs, and he is hereby, authorized and cmpoww-
ed, vrhenavar, in his opinion, tbe pnhlic safety uiaU so
require, to lay an eaibargo on all ships and vessela in
tha porta of Ihe United Stales, or upon Uia ships a»d
vessels of any foreign nation, und« such regulationa aa
the drcumttsnces of the caae may leqoire, and ta eaii>
tinue or revoke tbe sime, whsDeTer ha sbsJl think pro-
per. And the President is hereby fully anthoiiied t«
give all such orders to the officers of the United Blalea,
BS may !» neceauary to cany the same into full effect:
FroBtded, Ths authority aforesaid shall not be azeN
cised while tha Oongieaa of the United States shall ba
in session, and any embargo, which may be laid by tba
President aa aforesaid, shall cease and determine in
fifteen days irom the aettial maeljng of Congress, naxi
after laying the same.

"Sao. S, And be it fartha- matted. That this ad
shall contiaua and be in force until fifteen days after A*
eommenceiaent of the next session of Congress, and

'FREDEStCK AUGUSTUS MUHLENBERG,
" 3ptak» of Ikt Houtt of B^reKntativa,
"RALPH IZARD,
" Prctidtnl of lie Smattpro teamert.
"ApNoved, June 4th, ITM.

"GEO. WASHINGTON,
" PretidetU ef the Vtated Slatei.-
This act, giving the President the most nnqOBl-
ifled powers to lay, regulate, and revoke embaiv

Scs, wae. I believe, passed unanimoosly by both
ouses of Consress ; hot as I was unwilling to
trust to my recollection upon this poini, I ha<rs
had reference to the Journals of llie Honte of
Representatives at (hat day, for more precise in-
formation, and I dnd the yeas and nays were not
called for upon tbe passage of tbe bill; ibescroof
preeuroptioD, therefore, is. that there was no op-
position to its passage. The following is the ex-
tract from tbe Journals:

Journal of Ihe Houie of Kmretenlalivei of Ihe UniUd
Slala, 3d Congreu, jtrit lation, page 37S.

" An engrossed bill anthariuug the President of th*
United States, to lay, regnlato, and revoke embargoei^
was read the third time.

" BeeaJved, That the said bill do pass, and that tha
title be, an act to authorise tbe President of the United
Stales to lay, regulate, and revise embargoes.

" Ordtred, That tha Olerk of this HoDse do cany
the said bill to tha Senate, and desire thaii oMwni-

.yGooglc

267

HI8T0ET OP CONGRESS.

Bbratb.

Et^rcenwnt of the Embargo.

Deochbbs, 1808.

I also ftnd, Trom the Tuttber ioipectioD of ihe
Journals or ihit day, that rerjr Imk erreinouy
wai used in laying embaTgoet ) it was tfaen doae
by resolutions, wiibout FTen the formaliiy of a
bill, and the Presideol aatfaorized to ^ive all the
neeeisary initiuctioni lot earryinf it lato effect,
•r«D duTiag the sessioa of Congress. Tbc fol-
lowing; is the original resolulioa for laying an
embargo :
Jeamal of third Cortgrai,JlTtl iaaon,paga SIS-IT.

" Retohtd by tkt SaiaU and Hoiut of Rtpraaita-
tma, fe., Ttiat ■□ embargo be laid on all dips and
leauU in the porti of the United Btates bonnd to any
fctsi^ port 01 place, for the term of thirty diyi, and
that no clearance be fUmiihed during that lime to
■nj ship or *su«l boand to <ach feteign port or place,
except ^pa or Tceaels nndsr the immediate directions
ef Ihe President of the United Statee'; and that the
Preaident of the United Statee be anlhoriied to give
iaeb instrnctioiM to the rerenne offlcers ot the United
States aa shall appear bast adapted for carrying the said
•eeolntion into fall efiect.

" Approvad, S6th March, ITH."

I find, also, upon a further examiostion of the
Journals, that sundry memorials from the mer-
chants were presented for ibe coniinuaiion of the
embargo, and amon^ otbeta, one from the inhab-
ilanU of the iown,ol Salem, as appears frMn the
following extract:'

Journal of IMrd Congreu, Jv*t MUton, pagt 339.

" A memorial of the inhabilsnti of the town of Sa*
bm, in the Stats of Masaachosetla, was presented to the
Hoose and read, praying a further continuation of the
embargo Jsid on ships or veaiels in the United fltalea,
bound to any foreign port or place."

I bare read these proceedings to ahow that the
nme terrific alarms, respeeiing embargoes, were
not circulated through (be country in the year
I7M, which now are, because there were then no
objects for such an eieiiement. The history of
those times will also show the principle upon
wbicb Congress gare to the President unlimited
powers to lay embargQe«,at his discretion, during
their recess. It is knawn ilint, in consequence of
the British hostile orders against our commerce
in 1793, during the session of 1794, Mr. Jay was
•ent to London to demand redress from the Brit-
ish Qareramcnt far the injuries done to our com-
merce under those orders, and to make an amica-
ble adjustment of all the differences between the
two countries. It was believed by Congress that
if the mission did not succeed, war might proba-
bly be the consequence of Its failure, and as the
result would probably be known during the recess,
Congress did qoc hesitate to give to the President
full power to protect our commerce and seamen
by an embargo, from the dangers to which both
'would have been exposed ia (he event of a war
with Great Britain. Upon what principle was
this unlimited power given? Why, simply upon
this, that the event, upon which its exercise was
to depend, was not in existence, bnt might possi-
bly exist, and, therefore, was incapable of deSoi-
tion, or, in other words, of legislation \ and yet
the exercise of the power in ease of the happen-

ing of the event, might be indisnensable to the
common defence and general wflfare.

At that time the nation BC(ed from a just sense
of its own interest and honor. It was considered
as the canre of ibis nation, against a foreign na-
tion. It was, then, the irresistible effort of an
undivided nalion. It must be admitted by alf,
that the British Orders of 1793, did not present
10 us the dangers and difficulties resulting from
the combined influence of (he Brilish Orders and
French Decrees of the present day. Whence,
then, this sad reverie in our public councils?
Whence, then, these unfortunate and alarming
internal divinloDi 1 These evils can onlv be as-
cribed (o party spirit. Fortunately at that dny,
the United States were not distracted and torn
asunder by party spirit. Unfortunately, at the

E resent day, this baneful tofiuence seems to have
Bcome so inveterate, so lost to its own interest
avd honor, as to be willing to seek a temporary
and ruinous protection under foreign aggretsora,
rather than to unite in any measures to resist and
repel their aggressions.

Gentlemen nave even gone so far as to object
to the clause for the protection of the public offi-
cers front vexations suits for (he discharge oftheir
duties. It is believed that this provision is not
only correct In itself, bnt that it exists in the law*
of the several Slates and in Ihe laws of the
Union ; the only reply, therefore, that I shall make
to this suggestion, will onnsiat in reedins the
clause objected to in this bill, and a similar claase
in the existing laws:

Extract from the bill.
" And if any action or suit be bronghl agaiiut anj
oolleclor, or other persm, acting uikder the dirsction it
and in porsuance of this set, he may plead the gcmeral
iasne, and give this ad and the inatruclions and regu>
istions of the PresiJant in svidence lor his justificatiMi
and^fence."

Exlmetf-om out of the txiiting (imm.
" Sac. 71. That if any officer, or other person, eie-
enting or aiding or amsUng in the seizore of goods,
shsll be sued or molested for anything done in Tirtua
of the powers given by this set, or by virtue of a war-
rant granted by any judge or jmtieo, punraant to law,
such ofltcer, or other person, msy plead the general
issue, and give this set and the ipedal matter in en*
dence ; and if in such suit the plaintiff is nonsoited, or
judgment pas* against him, Ibe plaintiff shall recover
double costs ; and in actions, suits, or infixmalions la
lie brought, where any animre shall be nude, puraoamk
to this ad, if the property be claimed by any peraoo,
in every such ease the onos probandi shall be upon
such clsimanL"

The gentleman from Connecticut, (Mr. Good-
moH,} not content with finding lault with the
provisions of the bill, has ventured to give it ft
general character. He has ventured to call it «
"military despotism." This, surely, would be &
most alarming nark to stamp on the forehead
of this bill. If true, the bill would certainly be
left without an advocate. But, sir, before I enter
of this harsh and uneharita-

sugcestion, permit me to asli wl
m of the United Stales at this

asli what is the :

moment as it

.yGoogIc

369

HISTORY OF CONGRESS.

270

dbcbmbbb, isoe.

Enforcemtta of the. Embargo.

Sbhatr.

reapecU peace or war? It can htrdly be nid thai
the United Siatta are at peace, wbeo two bellig-
erents are makinj^ war aa them ; when sotoe u(
ihe eneotial atinbuiea of national aorerei^ty
ar« atieiapted to be faTciblr wreited from iheio.
The moat tbai can be uid, if we are at all ai
peace, ia, that it is a peace like war, and, ii
jadgtnent, would anthorice the adoption of aoy
measure, which wonld be juitiSed in a siatc of
w«r. And, in the event of war, are we topzpeet
lo meet with liiile cavils and difficulties of this

xfaould, UDfortaaateljr, be driroD
inio war aftar to inaay patient efibrts to avoid il
I hope and trust it will aot ba a war like a peace ,
bflt ttiat Ihe whole ener^tf of the nation will be
braof bt to bear opon the enemy both by land and
sea — 1 hope the war will be rigorous ; and in that
ease, 1 am aurc it will be short aod successful.
Let me, then, sir, under this exposition of our
Teal situation, esamioe the terrible suggestion
brought agulnst this bill — what is it, which has
doomed it to this unwarrantable reproach 1 The
ODiy.seeiioD which has the remotesl reference to
the use of military force, is the eleTenib, which
ia in the following words:

•• 8bc. 11, And bt it farther enatltd. That it iball
ba laWfnl (brdiD PiHldenI of Ihe United SUtes.otnidi
«A«T penoD aa he shall haie empowered for that pur-
poae, to emploj nidi part of the land and naral forces,
or militia of the United States, and of (be Territoria
tteteoC aa niaj be deemed iieceasarj, in eaofonnity
wilb iIm pe»*iaiana of this act sod other sets raspect-
sns tha (nbugo, for the pnrpoM of prcTgnting the
UlaKal dqMTtnra of any ship or Tasael,or of detainiDg,
taking posaenion o( and keeping in custody any ship
or I east!, or of taking lata cnstodjr sad guarding any
apaeis ot srticies of domestic growth, produce, or man-
lihctiiTa, and sJso for the porpoaa of prerenting sod
anppressing any aimed or rialous assemblage of per-
aona reditiog the custom-house officen in the eiercisa
of their duties, or in any manner opposing the eiccu-
tion of the laws laying an embargo, or otherwise no-
lating. or aaaiiting sod abetting violations of the

It will be found, upon examination, that this
aection contains no new principle; but, like others
which hare been objected to, merely applies an
oM principle to a new object. In jusiJQcaiion pf
this assertion, permit me here to read an extract
from an act of Congress, which will be found in
the serenth rotkiine of the Laws, page 365. in the
following words — they will be found to be pre-
eiaely ofihe same import with the material words
of the section under discussiou :
"Ka Act for the more aSeetaal preaorvstlon of peace

in the porta and barber* of the Uoitad States, and in

the waters under their Jurisdiction.

" Bvi. 6. And be il, 4«., That whenaoerer any armed
vessel of a foreign aation entsiing the harboia or wa-
teta within the jorisdiction of Ihe United Stales, and
reqnired to depart there&x>m, shall bit so to do, it ahsll
be lawfill for the Prealdent of the United Stales, or
mch oAti person aa be diall hare amf owered for that
porpoae, to employ such part of the land and naral
Ibrcaa of the United Stataa, at the militia thetaof, a* be

aball deem necesaaiy, to compel tite aaid armed veaaal
to depart," &c.

But, sir, as gentlemen in the opposition mav
hare more respect for a precedent in 1791, whicn
probably receired the sanction of the votes of all
those then in Congress, I will furnish them with
one of that date eipresaly in point. 1( ia in lb*
following words :

Third vetutne Lau>»,pagt BS.
" An Act in addition to the act far the pnuiahmenl oT

certain Crimea agunat the Uuitad SUtas. Appiovad

the 6lh June, 1794.

" Sac. T. Be ii tnaettd, 4s., That in every cwa ■»
which arcoelahall be filled out and armed, or atteoipW
ad so to be fitted out or armed, or in which the foree id
tKj Tsssel of war, cmiaer or other armed ressal shaH
be increaaed or sugmanted, ^or in which any aulitaiy
expedition or enterpriaa sbill be begun or set on foal
contrary to Ihe pcohibitiona aad prorisimu of this act}
and in ever; case of Ihe capture of a ship or reaaal
within tbe junadi^oo or prMeetion of the Unilad
States, aa sbove defined, and in ererj caas in which
any prooeaa issuing out of any oonrt of tha United
State* shall be disobeyed or raaisted by tnr psisoB or
peraaoa having the custody of any reasel of war, crui^
er, or other armed re**e), of any foreign Prince or Slate,
or of the subjects or eiliaena of mich Prince or Slatai
in er*rr sueh caaa it ahall be lawful for Ihe President
of the United Stale*, or auch other perwm as he ahaB
hare empowered for that purpo**, to employ such part
of the land or naval Ibicas of the United Sutes, or of
thamilitis thereof, as shall be judged necessary for tha
purpose of taking possession of, and detaining anj ancb
ship OT vessel with her prite or prises," Ac

all these cases the principle is precisely thi
^ It is the application of the physical fore*
of the nation to carry into eSectita lawsin differ'
int forma, according to the different objects lo b«
ifiected by it.

But, air, aa I know how easy it Is lo alarni tbe
public sensibility by the suggestion of '' a milita-
ry despotism," without exBrniniog inlo its appli*
cabiliiy to the caie in question,! will take the
liberty of giriug a short history of the proceed-
logs of the Qorernmeat in relation to this sub-
ject.

In the year 1792, shortly after the establish-
nieat of the OoverQinent, it was foreseen by Con-
gress, that a slate of things might exist, which
would require iha physical force of the nation to
be called forth to execute the laws of the Unioa,
suppress insurrections, and repel invasions. Al
this time, however, no occasion bariog occurred
to render a resort to this remedy necessary, con-
siderable precaution and delicacy were manifest-
ed in making the proriaions for this object. Ae-
cordingly, on the 2d day of May, 17S2, a law tot
ihis purpose wu passed. It is not neoeiaary now
to read it, but mertly lo remark, that it was ac-
companied with so many precautions, and cooae-
quenl delays, thai, upon the first expetimeot mads
under its proviaiont, it waa fouiKl to ba inef*

This occurred in the insurrectiott, or the ap>
prehended iusurrecttoD to Pen nay 1 tab ia, and
abonly afur an a«t was passed for the aame pur-

.yGooglc

271

HISTORY OP CONGRESS.

Sen&tb.

Enforcement of the Embargo.

Dbgeumr,1806.

poee, repeiliog the icI io queiiiioD, Bod ilispeasing
with most of hx dilatory coreroonies, whicU were
found rather calculated to defeat, ihaa to cfiVci
the tibjeci, in the event of a prompt and formida-
ble resinanec, Ac. This act CDHiains tiie follow
iog amoDg other provisioDs :

TJ^rd volumt Lauit,pagt I8S.

« An Ad fw railing forth the militia to nceentc the

law* of the Umon, supfrew inaucractiont, and repel

"Sec. I. That vihenever the lawa of the United
Statea ahall b« op[>oiBd or the execation AereoT ob-
atrncted io an; State, by cocabinationa too polrerfiil to
ba asppreaaed by Iha oidlnaiy eoara* of judicial pro-
MadiDga, oiby tho powan Teatad in Ihe minhah bj
thiaact,itahaU be lawful for the Pneidaot of tiie Uni-
ted States la call forth the militia of lOch Bute, or
■ay ether Stale or Stalea, aa may be oecenaiy to aup-
pceaaauch combiDationi, aod cauae the lawi to be duly
«xeeuted ; and the nu of the militia to be railed forth
Bay ba contiiiued, if oeceaaaiy, until the expiradi
ttirty daya after the commencement of the than i)«it
•eaaion of fjongieaa.

Bs«. 2. Pnmdid atwayi, aad ht itjwiktr ataded,
Thmt wheneTer it ma; be neceaaary, in the judgment
«f the Fieaidsnt, to nae the military force hereby direot-
ad to be called forth, tba Fraaidant aball forthwith, by
' pMdanation, command auch iniurgenta to diaperae
■nd retire paacaaUy to thairreapecliTe abodea within a
Unuted lime."

It cannot Mcape obaertatioti, sir. that the su-
ttority giTcn to the Presidenl locallout theforce
of the cation, waa limited to the militia uhly, in
both the lawa referred to; at that time such were
the apprehengioni or feai^ of eniplofring the Tegu-
lar laud or navaE forces for Ihe purpose of execut-

■itjr to rmi

ally with]

., &c., that the
them for that purpose was eciualiy
from the President. But subsequent erenia Dave
taught u* the necesaily and propriety of diamlM-
ing cuch groundless alarms. It was diacOTered
bf the insurrection of Burr, that the United States
Diight be attantccd aod threatened br the most se-
tious dangers in pans where the mililia could not
be brought to act with effect, and it was rendered
probable that the most exposed and defenceless
partswould generally become the objects ofaliaek;
accordingly, Con^e4« did net hesitate to pass a
law, I believe unanimously, (at least I recollect
to have drawn the law. and do not recollect any
opposition to its passage) solely for the purpose
of authorizing the Prestdeni to employ the land
and naval forces in all ca''es in which he was
pieriously authorized to call out the militia. The
act ii ID the following words :

Eighth Bobmtt, page Bit.

* Ad Act authoriiing the emjrioyment of the land and

naval fi»c«a of the United Statea in caaea of inaur-

"Thatin all caaea of inanrreetton or obstruction to
Ae lawa either of the United Statea or of an individual
State or Territory, where it i> lawful for the President
of the United Sutea to call forth the militia for the
pnrpaae of suppresaing auch insurrectioD or of cauaing
Aa laws to be duly executed, it ahall ba lawful for him
(• employ, far tba aame pnrpoa^ ancb port of the Isud

or naval ft^ce of the United Sutaa as ahall be judged
necesury, having first otjMzried idl the [n^requiiites of
the law in that respect."

In all these cases Gon^reea ptooccded upon the
'rational ground of applying the force to the ob-
ject. It ia now proposed to proceed on the same
princijile, and apply the fore eto existing objects.
What is the nature of theobaiructioos totkelawt
now proposed to be suppressed 7 Why, rir, ihey

Seoerally are, forcibly seizing aad carryio( away
om the cuitody of the revenne officer, vesaclaof
other properly seized by him for vi<^alieg the
embargo laws. It is a mere scuffle between tba
revenue officers and ooprineipied banditii fur the
possession of property. Now, sir.inapplying the
public force to this obji'Ct, would it not be per-
fectly ebautd to require thai ihe President should
be sent to from the extremes of the United Slate*
to issue his Proclamation commaodini; the iusut-
to disperse, dtc., when their sole object u to
as soon as the mischief is accomplisliedf
Q, would be almost iostantaneoua. It cei-
lainly would, Kir. This is aurely a slrouger east
than the one which called forth precisely a sirailai
provision in 1794, for seizing, &e., vetaels ii^tend'
ed to be fitted out as privateers in violatioa of the
existing laws; this case is before referred to ia
Ihe course of these ohserviLtions, The necessity
and propriety of this rirovision is so obvious, that
the people themselves have discovered the waut of
it, and are now brginning to tender their aerriaa*
for enforcing the embargo laws, io place* wkerc
they fasTe witnessed their violatian — and shall
Conrress be deterred from accepting this the hoa>

— ur. ._j :„.:. tender of their aervioes ? At

oDv of this faet^ I haT« juat
inds, the pnirioiie retolniioaa
of tHe people of'the town of Marblehcad, in Mas-
sachusetts. They are so highly honorable to the
patriotism, disinterestedness, and good sense of
the people of (hat town, that 1 beg leave to pre-
sent them to the Senate in their own words:
" At a meeting of the freeholdera, and others, inbabit>
ante of the lawn of Marblebead, legally convened at
(he Tann-houBe, in »id lonn, on Tueadnj, tho 7lh
dayofCaceniber, 1B08, at half-past two o'dockintha
afternoon — Capt. Richard James, Moderator.
" The following resolves being read, it was unani-
mously voted thst iher pass :

" Eitohed, That the town continues etrad&at in
the faith thst the embargo law was a law of wisdom,
and that the Presiclent and Congre^ of the United
Statea are entitled and shall receive our warmest
thanks for their early attention to the independence,
liberty, and juat rights of the Union, and particnlarly
of the commercial part thereof

"BtMhtd, That thia town will nae all thaaaatgj

they poaaesa to carry into Aill affect all liwa tha praa-

entCongreaa have or may enact, for the support of ow

juat and equal righla as an independen I nalion, against

the unjiutifiabla, Pfraiuueal, and iinperial ordara and

decreea of the belligannt Powera of £urape,by pioAi-

to oar oouatry out property aod aervicea.

Voted, a committee be appointed to transmit to Jo-

aeph Sloty, Esq., our Hepteaantalive in CoBgreaa, iIm

' nnga of the neeling.

" Voted, tha above committae cenaial of tba follow-

.yGoogIc

27S

mSTOET OF C0NGRB88.

EttforctMent of the Embargo.

Senatb.

ing penooa : CtpUin* WiUiun Story, Ntibui B.
Miutin, uid Joseph Fediick.
" Altcit; J. PKENTI83, Toim Clerk."

UpoD a eaodid reriew of ibis terrific Dbjeciion,
I (biak 1 an warrtnled in iheconclniion, Iballbe
provuioD parukei nothing of the chancter of
miUtarT dupotiim — but it fully JMlified both bj
principie and ptecedcDt.

Still roribpi to excite our alarmi, iotiiOBl
bnve been ihrown out. bat faiat]^ I acknttirUdCf,
that the embargo lawa are UQConstiiutioDal. Af-
ter wbat bad lakeo place upon that aubjeci ia
1794 by the aDaDimoaa coHKOt of all Ibc depail-
mentf:, as well aa wbat baa lately been decided
upon in that respect, I really should bare been
aurprised, in enteriag a boarding school, to bare
heard ibat quasiion propouoded, merely lo try the
akill, or whet the IngEDoity of spontiog boys, or
lisping misses; but to bear it intimated by grare
legislators, in quest of truth, and engaged in di-
recting the practical operaiioD of the Qovernraent,
erea loo by judges and lawyers, is to me realty
astoniFhing) I amasioniihed that the respect they
must feel lor the opinioDi of their acqQaiarnnces,
as well as of fulare times, could not deter them
from bszarding themiel*ei upoa sueb a sugges-
tion. But, sir, 1 find, within a few days pait, the
menial optics of some geutlemen have been upon
the strelob to discorer otber doubts, which, under

(hen

subtle

e iransformed into realities, so formidable
as to destroy the whole energy of the Coastitu-
lioB. and a neKt completely the practical operation
of Ine Gorernment. I allude, sir, to the supposed
di'coTery of the genllcQUul from Massachusetts,
(Mr. Lloyd,) that CoogreM could make no regu-
ntiofl of commerce between the ports oflbe same
Stale, altbottgh he will find tha principle settled
in e*ery Uw that was ever passed for regulating
Ibe coastiog trade; ibai the same principle was
formerly decided by the nnanimoui rote of tbia
body only a year or two ago, and with not more
than five dissentients in the other House ) and
even ihev might have been loSuenced by some
collateral considerations, when it is also consid-
ered, ibat, wiiboot tfae exerciseof this power, sev-
eral of the most important ipeciDed powers
would be tendered wholly nugatory. Yes, sir,
every speck which a disturbed imngioatioa had
aappoaed it had discovered upon the horizon of
the ConsiitDtioD, is now, by the help of mental
microscopes, transformed into a tremendous
cloud, fraught with dreadful storms and horrid
ihanders ; and which, in its destructive course, is
to tear up all our rights and liheriies by the roots [
Sir, it is lime to turn from aaebunprcffliable scru-
tinies—il is lime to bend our thoughts on other
objects — it is time to face the pablio dangers, and
to repel them.

The last toesiii of alarm which boa been sound-
ed upon this oocaaioa, ia the mspeosioo of the
writ of habeas corpus.* We have been reminded

*Ab Act to suspend tha privilegs* of the writ of habe-
as corpus, tor a liiiiil«d tine, in certain easas.
Bt it emuted bjf the Stnale and Hovtt «/ Hsprc-

of the proceedings of thii House upon that sub-

SCI, and the faie they experienced in the other
oase. laslend of lliiscircunslence being urged
as an admonition to those who wii>h to see the
laws respected, and to furnish the means for
causing the national will lo be executed, it
ought 10 be a caution lo those who, with the most
laudaUe zeal for the preservation of individual
lights, are deterred from ibeite objects by popular
suggestions. I ibougbi, by this time, that every
man of common impartiality and common sense
had seen in subsequent events the propriety of
that measure. I rejoice that i bad the honor of
proposing ii, and always regreXed its rejaciiou.
Indulge me, sir, with a very few observalions on
ibis subject. The Constitution contains but one
clause respecting this writ: 'The privileges of
' the writ of habeas corpus shall not be suspend-
' ed unless when, in casM of rebellion or invasion,
' the public safely may require it." I presume
that every man in tbe United Sintos will now
admit that a rebellion did exist, and ihat the pub-
lic safely was in danger; no Constitutional ob-
jection could therefore exiit to tbe bill, and when
Its limitations and directions are observed, which
appear never to have been presented to public
notice, I presume posterior events will have dem-
onstrated its propriety, in the opinion of every
candid man of undemanding in the community.
What, Mr. President, have been the consequences
of its rejection I You have Hen your judiciary
publicly held up to the world as a spectacle of
disgrace. You hive seen a jury sworn to try ao
issue in a criminal caae, and excluded from tha
privilege of bearing the most material evidence,
upon which the trial of the issue depended. You
have seen treason go unpunished. Andyouhavc
seen the character of imbecitiiv given to our
Oovernmeni, calculated to excite oistrust at home,
and 10 invite contempt and attacks from abroad.
What would have been the probable efiecu of
passing the bill? Ouilt would have received its
just reward. The public justice would have been
appeased, the confidenca in the energy of the
Government would have been preserved, and yon

r of tht United Slalu of Amtrka, in Con-
imbUd, That in all cases where any person

amlativu o,
graim

persons charged on oath with treason, mi>prisi<
»«in, or other high crime or misdeEneanor endan-
gering the peace, gaiety, or neutralilj of the United
States, have been, or shall be arrested and imprisoned
by virtue of any WKTrant or aathority from the Pren-
dent of tbe United States, or ftom the Chief Elecu'
>ivs MagialniB of any Slate or Territorial govenuneDl,
ar from any person acting under the direction or an- ,
tharitref the President of the United States, the piiv
ilege of tb« writ of habeas corpu ihall be, and tb«
same hereby is, an^ieuded for and during tba term of
three moitba from and aAar the passage □i' tbIa act and
n* longer.

Orvici 01 THi SicamBT qv tbi Bemitx,

January S, 1809. .

I certi^ that the foregoing is a true copy of a bUl

that passed the Senate on the 33J of Janusry, 1807.

BAHUEL A. 0TI8, Stertiary.

.yGoogIc

276

fflSTOKT OF CONGEBSS.

SCKATB.

Enforcement of the Embargo.

Dbobhmr, 180S.

would hare been aaved, air, rhe piiiaful moriiiicH-
tton of beholiling tbe most atrociojs ireaioQ slalk-
ing onpuQiahed itirough the lanil, trmniphing in
a security Hfibrdrd, it is feared, sir, through tbe
hostile propeositiet of the judge against his own
OoTernmeDt, or ai Uasi against tbe adminisiTa-
tion of bis own QoTernmeni. Yes, sir, and if
through popular luggemiooi we should aoiv he
driven from affording the mvans of executing the
tmbargo laws, the coaseguences will be the more
to be regretted, as tbe erils to be remedied are
much mote formidable. Let me, then, air, now
inqaire'into ibe causes of tbe Tiolatiou) of the
embargo laws; the nature of the offences, and
the descripiioD of person* eDgiff«d in their cora-
raisiino. . Tbe original cause or these Tioli

it, British influence. I do not mean to apply ibis
obserTiiion, in the remoleat degree, lo any gen-
tleman in the opposition lo this bill — I beliere
(hose geuilemen are perfectly exempt from ibis
iofloeaee. I merely speak of Briti*Ii influence as
• hci which exiats, as an ioeideot attached to so-
ciety, and of course ought to be guarded against.
It is a fact noioHoasly known, that as soon as
the Briiiirh Qorernment was apprized of the
meisDreof the embargo, bd order waa iuuvd in-
viting our cilizeas to violate the laws by offering
to recoire and protect their reweis, ntthough Ihey
•faould leave our ports without the customary pa-
per*, CDgase in a lawless trade, and ibue ai leait
to assimiiBie themMlvei to pirates. It is also
known, I bat the British Oareromeot has agents
in most of OUT seaport towns for purchasing up
supplies for iu fleets and armies. That there are
also British mercbaoii, and British capital, eon-
neoled with unprincipled Americans, engaged in
the violation of these laws. Yes, sir, unprinci-
pled Americans have been invited, through these
means, to engage io this scandalous traffic. And
what, sir, is the nature of the offences ihey have
been induced to commit f Isittreasoo? Na,air
but it partakes essentially of its character. \(,
instead of an incipient, we were in an actual
atate of war, it would be treason, and (reason of
the btaest sort. It is, to say the letMl, a base aban-
donment of every honorable and patriotic senti-
ment. Is it bribery? It certainly partakes of
that character. It is violating the laws of our
country, and co-operaling in couoteracling their
effects upon our enemies for the sake of mone,y,
regardless of consequences. Is it perjury ? Yes,

subornation of perjury in all. Yet, sir, the au-
thors of these offencei and (hose who counter
nance and advise tbe commission of then, have
the impudence to talk of moral and religious ob-
ligations 1 Are these the individuals, sir, who are
10 be treated witb so much tenderness 1 Are
these tbe offenoet which are to he proclaimed
legal and Constitutional 1 That (bey have con-
quered [be Constiiuiion^ and cannot be controlled
by its provisional If, sir, we should be driven by
our fears from affording (he means of executing
tbe embargo laws, io what situation should we
itand before the nation and tbe world 1 We have
just said we will not for the present repeal these

laws, and we are now about to declare that we
are afraid (o execute them 1 That the Constitu-
tion furnishes no means for this purpose. What
a slander upon the Constitution I What an insult
upon the framers of ill What an insull to (he
people who adopted it I And what will the peo-
ple say 10 all this 1 What is the general seati-
menc at (bis moment 1 It is. enforce your em-
bargo laws or repeal ihem. And are we about to
(ell tbemtbat the Cani(i(utioDCon(ainBnomeRm
for executing the national will when fairly pto-
nounced upon legitimate objects') Or are we id
(ell them (hat (be Constitution does afford the
proper and necessary means for executing thena-
tional will, but that we are either afraid, oi do
not know bow to call ihero into action 1

Sir, those who assert tfaat the Constitntioo is
defective in this respect, either do not Badersland,
or they misrepresent its provisions. They nei-
ther breathe the spirit, nor sneak the language of
the Cons(i(ution. Sir, I feel for this inatrument
(be most sacred venerBtioo. And with this Con-
stitution in my hand, and its precepts in my
heart, I am now ready and wilting, io its own
spirit and language, tojfurnish the means necessa-
ry and proper for carrying into effect a great na-
tional and Constitutianal object — for carrying into
effect tbe embargo laws— and thus (o makealati
effor( IO preserve the peace of the na(ian.

Mr. PicXBRiNO said, the le^l, the CoBt(i(a-
tional, and the commercial objections to (be bill
under consideration, have been stated by ibe gen-
tleman from Connecticut, and my colleague, and
enforced by reaions which tome appear irresisti-
ble. But if their statements were as iocoriecl as
ibey are trne ; if (heir reasoniag -were as doub(ful
as it is irrefranble ; and if tbe rigorous provis-
ions of the bill were carried into e»eciuion— not
by (be marshal aided by (he poaie comUaituot
militia, according to former safe and wholesome
usages, but by (he aietidiDg army, hy the regalai
troops, who, es despotism seems now advancing
with rapid strides, may noon become the pne(o>
rian guards of the Palace; if, I say, the provis>
ions of (bis bill should be perfectly executed, and
(he embargo be rendered " complete"— (he ques-
tion, ibe important queslion, still recurs — Wiiat
good will it do our country 1 How will tl pro-
mote the public welfare? Shall I-be agaio (old,
what originated at tbe Palace, and has been a
thousand times repeated by its supporters, (bat it
has saved our seamen, our vessels, and our mer-
ibandise 1 Whan every man who will open his
eye* must see (bat tbepoiitiun is unfounded, and,
that, when assigned as the motive for laying tbe
embargo, has been demonstrated to be a delusion 1
Yes, sir, it is still insisted on, that if our vessels
were permitted to en out, ihej^ would all be swept
from tbe ocean ! lam astonished at the confi-
dence witb which eeBtlemMi, laying high claims
(o inrornutioQ and discernment, coaiiuue to make
tbis BBsertion.

On a former day, by exhibiting lists of vesseb
which bad been safely sailing on (be high seas,
and the moderate rate of insurance. I demonstta-
ted that the danger so much talkea of wu ficii-

.yGoogIc

277

HISTORY OP C0NGEE8S.

Dbcehbbr, 1606.

Ei^vnxineiU of the Embargo.

Sbnatb.

tious — thai it did oot eiist. I recollect that the
genllemBQ frooi Virgidie (Mr. Gilbb) bas lioce
■u^iresied, that ibe ciicnla'ioDs of my iiKrciDtile
frieiid (Mr. Thomdlke) of (he rates of iosuraDoe
must be iacorrect ; thai now inauraDce* were low.
because " the Pnjaeh bare do inducements to

[ priraceers to depredate upon

IS dongas tUe embargo rcBtrainj

oar Dorts." To any aothiag of the multitude of

Bflglish merchant vesscia, anffieienl
French cupidity and lust for plunder, ] will oh-
■erTc.thatmymn'eantile friend poueuet as aeale
SBtiTC discernmeat as the gentleman from Virgi-
nia, and, in mercantile kaowUdge, is most ua-
qttesiionably his snpcrior. My friend's calcula-
tions do not look back; they are prospectirei
formed on Ibe risks lo be run, if the emrargo be
removed, and the tails of out awfehant veasels
ba again spread on iheaea.

But *■ ihe gratlcmanalike disregards (oeh cal-
culations, aodthe facts appearing at eareral iniU'
nnee offices (and among men of plain, praelisal
understanding, tbcw woold baresorted to as sour-
ces of correct information;) aeeing, I say. tbe gen>
tleman from Virginia Is not satisfied with this
lestimonr, why did he not adrert to an aathorily
which he holds in the highest respect, the autho-
rity of tb« President and Secreiary of Bute 1
They have said, that Bonaparte's Berlin Decree
was an " empty menace," and that " France was
withont Ibe means of carrying it into effect
against iha righis and obligations of neutral na-
tions." Bat this also the gentlcmmD passes by.
Let me, tb«n, mention one more statement.

In tbe Message, at tbe opentng of the present
icnion of Congress, the President inftwmed us,
that his Miniatere at London and Paris had been
Instmeied lo explain to the respective Qovero-
nents his disposition to exercise his 'power of
suspending Ihe embargo laws, in such manner
to open the way to a renewal of commereiai i
lerconrse — bnt that neither Ooremment had ao
eepted his offer. The Jnslruc lions to hi* Miniatcr
in Paria, the President nay), were necessarily
modified-— bnt how he did not say ; and from the
obscurity of his lao^osge it would be impossible
lo divine. By lookini;, howeter, to the cerra'
■pondeoee between Mr. Madison and Oeneral
Armstrong, perhaps we may diMorertbe boon or
boons oSered to France, on condition of the Boi-
petor's repealing bis decrees. Mr. Madison lays,
that if France raroke her decrees, Great Britain,
by following tbe example, would ba obliged to
restore to Prance tbe full benefit of neulrartrnde,
or,by persereriaginherorders, "reDdercolltsions
with the United Stales ineTitabte." And Oeneral
ArmKtrong says, in the like ease, tbat " it may be
fairly presumed the United Slates could no longei
hesilaienboat becoming A pailv to tlie war againsL
England." He adds, that if Qreat Britain ^ould
not obstruct out trade, the wants of Franoe and
her colonie* would be sappUeil. If Oreal Britain
ibonM obsirnct the trade, '' the wishes of His
Uajesiy (the French Bm^ror) as expressed in

t'ebraary last, would be directly promoted."
Whatweie the wiahesao«xpraue41 Noeont-

of ibe French Qovernment to ib«
Minister, exhibiting those wishes, has
been laid before Congress. In ilie mass of other
information eomrauaicaied, has to important a
document been accidentally overlookrd 1

With regard to the other beltigerent, the Presi-
dent speaks a plainer language. Me taya that to
Oreal Britdn, "whose power on the ocean It in
the ascendant," it was stated explicitly, " that on
' her rescinding her orders in relation to the Unt-
ied States, tbeir trade will be opened with her,
and remaio shut to her enemy — in ease of hit
failure to rescind bii decrees aiao.'' Indeed, Mti
President 1 Let oar ships loose from out whajves,
Id them take in rich cargoea, and tail for all the

Cts on tbe globe — except thosa of France and
dependent States — when, according to the
geoilemaB from Virginia, that lemplation to plun-
der would fill the ocean with French privateers I
I will recite the gentleman's words : "The reaso«
'of ihe low insurance, is, that the Franah hare
' no inducement to tend out privateers, to depre-
' date upon our commerce, >a long as the embar-
' go restraint it within uur poitt — mite the em-
' bargo, and the temptation ID pitiodet would fill
' tbe ocean with prirateets. Tbeeommereewould
' stand little chance to ateape the pluaderers."
And yet the President who profeases to. much
solicitnde for AmeriesD seameB and America*
commerce, was willing, we hare just seen, to
suspend the embargo, and thereby Npooe our sc»-
men, oar yesaela, and onr merebandiie, "these
esaantisl retouroes." and" with little chanee tt
escape," to the plunder of Pranch privaieora,
which would then fill the ooean 1 Into such coo^
tradictions will mankind be plunged, when the
reel obJMt in rinw do«s not admit of a lair umI
eandid discLosurc.

To reenr to the qneslion. What good will Ibt
embargo do 1 How will it pi>omote tbe piiblte
wrifarel That it is not neoesanry to preserve oni
aenmcn, oar vetscle, and onr marohandise, has
been eoDclusirely proved. Yet it is said that it
moat be conlinuad, and if continued, tbat it must
be enforced with all iIm arbitrary regulatiana and

E0wera contained in the bill before na, and which
are been so strikingly described by tbe gentlc-
mm who have spoken before m& in order to pre-
serve our honor—" our national character, and
national independence." In myapprehenaion thia
is incorreei. I see, sir, a oonstant efi'ort to iden-
tify oQr Adminitiralion with the nation, but they
arasssentinlly distinguishable. The errors of as
•Administration may btin^ mtschief upon and
hazard the min of a nation. Witness, at thia
moment, tbe brave and genetoaa Spaoiarda, who,
after aofibin^ an age of depreasion, have been
regsnersted in a moment, an with an eleeliis
stroke, and, nobly rising, are now breaking th*
chains forged for them, upoa tbe head of theii
oppieatoT. Wbo that has a heart—who tbat haa
any sympathy for human sufferings — wbo thai
respcota the tights of Betf-^vernmeDi, inherent
in every nation — will not bid them God-speed f
I would tay, go on, noble Spaniarda, and be th«
' ~ of Heaven to stay the rnyaget of tkt

.yGoogle

mSTOaT OF CONOEKSS.

Etijaretmfnt of Ihe Embargo.

Decimbbb, 1808.

most rutiileM tf raot ihat has MOur^ed ibe Euro-
pean world, siDce the Rornan Empire fell I
I w«9 ■avino'. sir, that a natioo and iti admin-
'niiellf diBiingaisbRble. It is n«-

..,. .. ' has it been brourbi inioiti present
state or embarranment? Has it bren wit hoot
the agency of iu AdmiDistraiion 1 Por a series
of yean, sir, illtuiont baTc been indtntriousljr
spread aiDonff the people. To diaaipaie those
illuiioRs, ra far as was in rar power, I have ex-
posed mjrself to the slaaders and reproaches of
ibe igaoraat, the base, and the unprincipled. Bat
I am not by such means to be discouraged. Hith-
erto my aiteoiioD has been confined to the embar-
go. It is that which immedialeljr broaght the
'i present deplorable '"

distinction to which I hare alluded. And I say,
•ir, that, nhiis in the natnre of things it is inipo^
■ibie for the embargo to vindicate the rights oi
the honor of the nation, its mainteDanee is deem-
ed of the first importance to the AdiniaJstration,
who have staked their repntation upon it. Hence
the unraried efforts of the Admiaisiration and
their partisans to impress the beltef, ihti the
British Orders in Coaacil were the principal
«au*e of the embargo. For they see thai the
documents orieinaliy laid before Conrreas as the
cause, are atteRy insnfficient. But if toose orders
were the eauie, the ^rsat primary caase, " before
which all other raotiTes sink inioinsigniGcancr "
it would seem to follow that the embargo rai
bo eontinued until these orders are revolted.
Heocp. sir, it appeared to me of the last import-
ance to show that the British Orders in Couocil
were not the cause of the embargo ; and impar-
tial observers think I have shown it, by proving
that whea the embargo was reeoramended by th«
President, thoss orders were, in this country, un-
known. But aa some gentlemen persist in assert-
ing the coQtrary, and on that ground advocate
the eontiuuanee of iha enbaroo, with the rein-
foreement of the bill on our taUes, and that to be
followed, I suppose, with a n on- intercourse law, I
most be permitted to addueesomefntiher proofs.
We hare been gravely told that the French
Emperor's Berlin Decree, declarinff all the Brit*
ish isles in & state of faloclcade, eould not be jasti-
6ed as a mMsure of retaliation against England,
on aceouBt of her deolaring in a smie of blockade
A certain extent of coast, the whole of which
Qould not be invested and blockaded even by her
powerful navy, becaaae Franae had it not in her
power to station a single ship before any one port
lo the British dominions; and that the MilanDe-
oree of 1807 can still rest for its defence on the
■upposed acquiescence of the United States in
the British Orders of the preceding month, " since
those orders, which have not been acquiesced in,
were not even known in America at the date of
the decree." Now senilemen will be pleased to
recollect, that Ihe French Emperor's Decree of
Milan bears date on ihel7ih of Deeembw, 1807;
and tbat on the very next morning, December
18th, oaiae the Freudent's Uestage to both

Houses of Googi«9S, reeommeDding the laying of
an embargo.

Now. if the British Orders were tinkaown in
America on the 17th of December, what man of
common sense will believe that the plan for im-
pOiiing ihe embargo (a plan fraught with aueh
extensive and terrible consequences) recommend-
ed by the President in the morning of the 18th,
bad for its basis the British Orders In Council,
which were not known in America on the next
preceding day 7 As I observed on a former occa-
sion, even four davi (the time which intervened
between the arrival ofthe despatches from France
by the Revenge, and the IStb of December, whem
tha embargo was recommended) "gave little
enough lime to digest and mature such a plan."
I now add, sir, that that plan, as far as It then
went (and more was not then practicable) was
conformable to the views and wiahea of the Frenetl
Emperor. I say, further, sir, that should the stroos
bill now on our tables heeome a lav, we shall
have advanced one large stride furihfer towards
such conformity ; and tbet when we concur fa
one other measure, a resolution far a total oon-
iDlercoursewith Qreat Britain, which was adopt-
ed last Saturday evening in the other House, we
shall then have acted in complete conformity
with the views and withes of the French Empe-
ror, as they are supposed to have existed at (he
time the embargo was laid. We shall then have
shut all our ports against the eotrenee of British
ships and British merchandise ; just as (he unfor-
tunate and submissive naiioosoi^Europe, wboare
within reach of his arm, had previously shut their
ports, I do not say, sir. tbat it was in obedience
to a requisition of tiie French Emperor, that the
Preiident reeommeoded the embargo ; but the
facts 1 have adduced show, that the embar^
with its varioQB reinforcements, ap (o the non^o-
tercourse now in embryo, happcot to be in exaot
conformity with the views and wishes of the
Freseh Emperor, as they are supposed to have
existed a year ago. But it seems that this will
not satisfy the Emperor. We have been too
tardy in our moremeats. A non-intercourse witk
Oreat Britain, twelve months ago, might have
appeased him. Now we can no longer remaiit
neutral. Now ve must be his allies or his ene-
mies. To the offer to suapeud the embargo, if be
would repeal bis decrees, he has not even deigned

With respect to Qreat Britain, the o
suspend the embargo, on condition that the Or-
ders in Council were revoked^ hasbe^taaswereiL
She maintains her original position, that the Or-
ders in Council were purely retaliatory for the
French Berlin Decree ; wbicn, she says,

" Was the commencement of an attempt, not merely
to check snd impair the proBperity of Great Britain,
but utterly to annihilateherpolilicaleiiatenceitfarougb
the rain of her commerctsl prospenly — that in this at-
tempt almost all ths Powers of the European Conti-
nant had been compelled, more or leas, lo co-operMe ;
and that the AmericsB embargo, though most assated-
ly not intandad to that end (fiir America con have no
of the British poirar,)

.yGoogIc

281

mSTORT OP CONGRESS.

Dbokmbbb, 1808.

EaforemunI of Iht Einbargo.

bat by mottto aofbitatiilc occnmuM af oireaBMUDoai,
without anj hoctile inlention, Iha Amaricait Nnbuga
did come ia ud of the blockocle of the American Con-
tinent Bt the Tei; moment when, if that blockade could
have aucceeded at all, the interpoaition of ths Ameii-
can Government would moat effecluallf have contribut-
ed to its succexa."

" To this unirenal combioation (eantinnes Mr. Can-
ning^ Hia Majeity bu opposed a tomperste, but ■ do-
tarmined letahation upon the enemy — tnuting that ■
firm reaistsnce would defeat hU project, but knoning
that the onuUleat conceanon would iafalliUy encourage
a peraereranee in H."

If the embar^ was dps{gn»d, ita profmsFd, why
did oar OoTemment declare a blockade against
the British dominiooa by land as well as by tea ?
Neither seamen nor property coald be exposed to
capture by coDiioniaff the trade which had been
adrantagcoBsly tarried on by land with the Brit'
wh colonies bordering on the United Stales. The
people of Vermont, particularly, had been accu>>
Tomed, ever siitce the Peace of 1783, to excbiDge
iheir prodDctioDi with the British sabieets In
Canada, forsalteml other articles ormerehandise.
Yet even thia benefleitl trade has been probibited
by the embargo acts; and bloodshed and death
hare been the conseqaence. Simitar tragic
scenes have been acted in the District of Maine.
Does not the rigorous prohibition of this land
commerce atone demonstrate tbai ether viewi
than have ever been officially arowed really dic-
tated the embargo 7 Lately we find that, in Hol-
land, (a coantry governed by a brother of the
French Emperor, and absolaiely under his con-
trol,) the ne«e99ities of the people for the supplies
tisoBlly obtained from England, baviog caosed
evasions of the Emperor's strict decrees of block-
ade— additionsl p/brisions have been made ; and
the breaches of those decrees ere henceforward
lobe punished with death. With similar pace
the United SiaiesareadvBneitif— and, by the bill
before ns, the embargo is to be enforced by addi-
tional regnlations and pcnsltlea of unexampted
rigor, and hostile to the mild spirit of A men can
laws; and which, ibongh not in words prescrib-
ing the paniahment of death, will infallibly have
that isane.

Among the ren«one assigned for persevering in
the embanrti, are, " the present anseitled state of
' the world, the extraordinary aiioalion in which
' the United States are placed, and the necessity,
' if war be resorled to, of making it at the same
' time against both the belligereat nations, and
'these the two most powerfuMn the world ;"and,
under these eirenm stances, a principle of justice
forbade oar choosing our adversary ! Mast not
snefa seolimentsesposens to derision? Two na-
tions have injared ns-~Bndwe shosld violate the
principles of jiistlce, if, to obtain satisfaction, we
auaeked one withont at the same time attacking
the other ! If we woald descend from the airy
rytions of philosophy, and stand on the ground
of plain common sense, we should sea this em-
barrassment which apparently overwhelms the
Admiaisiration, to be a mere dream. Sir, If a
man travelling on the highway should meet two
UoDt fellow-itarrilers, and be ■tteni>t«ty intuited

and attacked by botb, and he at iha same time
perceived that they were enemies to each other,
what would he do 1 Stand stilt, and be kicked
and wounded by bothi or co-operate with one, at
least so far as was necessary lo avenge his wrongs,
and lo provide for his own defence and security

Xinst the other 1 This course is so simple and
ions Ibai eren sebooi-boys (who also have
their quarrels) could not miss it. But if, wliile,
in this way, avenging the wrongs done by the
adversary, ne, in effect disarmed the other, and
made him his friend ; and had, moreover, a fair
prMpeei of inducing him lo make satisfaction for
the injaries he had oommiltedj how could he
hesitate to adopt ii 1

But, we have been advised by the geDtlenaa
frota Virginia, (Mr. Qiub,) to wait a Utile long-
er, " to wait erenti in Europe, now in a staia of
rapid saMCsaion." Yes, sir. wail until we te«
whether Bonaparle overwhelms the Spanish na-
tion ; and if Heaven petmiis Ibis sad ealasirophe
— what then 1 Are we lo join bis arms, and by
conquering Canada and Nova Scolia, prepare
those eouDtries with our own for a new master 1
and batten ihe glorious period when to the lofty
titles of Einpsror of France and King of Italy,
and Proteeior of the Confederttion of the Rhioa,
shall be added that of Emperor ef the Two Ame-
rica*? That, sir, will be the natural course of
things, if, as some hare wished, the British navy
ware destroyed.

In the short interval of peace, in 1808, Bona-
parte, in a few months, i«it forty ibouaanil sol-
dien to subdue the negroes of Bt. Dominfto. The
climate subdued his soldiers, and Si. Domingo
continues independent. But the United Suiea
present ■ very different theatre. French soldier*
would berebeashsaltbjr asoarown. And if with
the ships suddenly furnished in France and Hol-
land, Bonaparte at once transported fciriy ihou*
idnd men to 8i. Domingu, what numbers could
he not send u> the United States in the ihousanda
of British Bkipa, were Ihey also at hia com-
mand 1

It is ettimaied, sir, that tbeobsarvatiens I have
made, thong!-. <» a question for repealing the act*
laying the embargo, ire irrekrait on the bill bow
before tu. BiK to me they appear pcrfeotly ap-
plicable In both ease* ; for if they go loabow ihat
the«Bbaigoo(ifbt never to have been imposed,
they must avail, in like manner, asainn eofote-
ing ita execution ; and, therefore, 1 have adduced
them.

Mr. HiLLHooaE rasa and addressed tbe Senate
as fallows ;

Mr. President I Before I ^woceed to remark on
the merits of the bill onder consideration, I shall
lake the liberty of noticing some ffeneral obser-
vations of the gentleman from Virginia, (Mr.
QiLBa,) which can have no bearing on tbe matter
onder eonilderaiton, and could have been thrown
out for no other purpose thtn to impress tbe idea
that the oppoters of this bill and of the embargo
are acting under some undue inSoence or bias,
and are endeavoring to obalruel or {Hiralyze the
fttergie* of the BttioB in their operaiiou ■gainst

.yGoogIc

283

HISTORY OF C0NGEB1S8.

Senate.

Enforcemtnt of the Embargo.

Dbcekber, 1

fare(^ aegrcMioa. We ire told of Britith eapi-
III, British ag^Dl«, British gflid, in too clom cod-
nezion wiib the opposiiioD to th? embtrgo and
the pr^ieni bill. Sir, if it a meant to iQaitiuaCe
that the oppoien of the embargo and of ihii bill
ere ander such influeacc, I despise the intiDQa*
tioQ. [Mr. OiLEB roae and declared that he did
not mean to ibroir out the smallest intimation
that the opposera of the bill were under such, or
aof other, improper influence.] The oharaeier
and coDdnct of the greater part of that dMcrip-
tion of our fellow-citizeii*, who have been and
■till are oppoied to the embargo, rurniib a auffi-
cieot anawer toanysueh insinnittoDs ai to tbem.
No, <ir, our opposition to the embargo proceB<la
from far different rootiTet; from a ihorou^li eon-
Ttciioo of its iueffieacj' as regards foreign m-
tioDi, and its ruinous operation as to ourselves.
We are not willing to inflict a wound on our own
eouatry, because foreign nations do us wrone.

The geademao from Virginia has renewel hit
call for a substitute for the embargo. Sir, the
embatvo admit* do sobsiitate. It is a meaaure
ndically wrong, and Bland« in the war of ererf
proper measnre. Remove the embargo, and then,
and not till then, will the waf be open la adopt
measures for securing our commerce and defend-
ing our rights, 1 am not a iitllp surprised that
the gentleman from Virginia could make up his
face to sDoh an imposing call. Had thai gentle-

man run through the journals, from which hi
e passages, he would hare found thai

has read s(

aformerAdministraiioo, which was conducted
with acknowledged ability, he wa* not in tbe
habit of proposing subtiiiotei. He told n* what
would not, but not what would do. lo tha preh-
eat case, were ibe embargo out of the war, and I
found a dispoHtioQ to liiteo, f ifaonld aol hesitate
to express my opinion of the proper eourae to be
pursued. But so long a* out national eonacili
are under the embargo arsiem^ anr attempt at
other measures would he nnarailiug.

For the purpose of contrasting the present pro-
eeedlD(^ of Congress with w£at was done in
ITM, the gentleman from Virginia read from the
joamals soma paasa^ to abow "that the nation
then mored in a aolid body." Ye*, sir, tbe una*
Kimity and spirit then manifested does honor to
the nation. But with whom were we eooieoding
theni With England. I should hare been mueh

5 ratified if the journals of 1798 (which the gcn-
eman did not think proper to read) had exfaibi-
icd the same unanimity and spirit wbea our
rights were riolaied by another Power, and we
were intuited by the cootempttioas rejeciion of
oar Ministers. Far otherwise was the fact ; there
was then a rioleal and pertereiing opposition to
tbe measures of defence which were then pro-
posed and adopted; and by the same description
of men who claim credit for a pre-eminent tltate
of patriotism; a conduct to which I advert with
reluctance. I was ready lo vindicate our rights
against England in 1794, and at a much earlier
period. I was equally ready to do the like against
Fraiiee in 1796. It matters not to me from what

nation injury or insult comes, I am ready to take
sides with my country in reprlling it — noi, in*
deed, by an embargo, but by any measures of
energy which policy or prudence shall dictate.
I have never Fhruitk from taking ray full share of
responsibility when called to act on great naiiooal
I leave it to those ' '

which would be tbe popular side. 1, sir, am
under no apprebeOMOos of being suspected by
those who know roe of acting utider foreign, 0[

punishment tne violators of the embatgoj ihosw
corrupt agents and friands of Qreat Britain, «•
the gentleman hat described them. My oppoai-
tion to iha hill proceeds from an UDwillingnesa to
see the liberties of my country prostrated by ft
military despotism; the foundation of which I
clearly discern in this bill. Say« the sentleman
from Virginia, the Seoaie havedaclared that they
will not repeal the embargo; and they are noir
called upon to say it shall not be enforced. Not
so, (be call is that it should not be enforced bj*
improper meant — means which endanger liberty
and violate tbe CoosiituiiOD. Bolter that the
embargo should not be executed than that ib«
Constitution of the United States should be vio-
lated.

1 extremely r»ret thai the gentleman frota
Virginia thuuld uave fell himself at liberty to
travel out of bin way to cast reproach on the Judi-
ciary. The judges, by a faithful discbarge of
their duty (soioetiines being obliged to wiihaiand
popular error, and sometimes to interpose ibem-
selves between a defenceless individual and Ex-
ecutive power.) are exposed to their full share of
opprobium. No reproach for tbe rejeciion of iba
bill lo (uspend the habeas corpus can fall on ib*

i'adges; they had no agency in the busiaeaa. 1
lave indeed fell, senaibly felt, the reproach caat
upon the Senate for having passed that bill in aa
hasty a manner; but it wa» not slatLders contained
in newspaper paragraphi which I regarded; they
have no more effect on my miod than the passing
wind. It was iba maoner in which that bill wma
treated by the House of Representatives that
wounded my feelings— I fell for the honor of tha
Senate. I voted with the gentleman from Vir-
ginia for that bill, though 1 did not at the lime
feel all the apprehensions which seemed to be
impresaed on his mind. I did not apprehend (hst
a rehellioa excited by an individual not oloihed
with any official consequence or power, without
resources, aad almost without friends, could ulti-
mately endanger the safety of the Union. But
from ihe commnnieatioas made to Coogre&s by
the President, I was led to believe (here was some
(reasonable proceeding and rebellion which ought
to be speedily and promptly resisted and put
down. Though I diU not sec the necessity of
passing the bill with so much haste as to subject
the Senate to the charge of preeipiiation ; yet,
being eatisGed of tbe propriety of passing aucb a
bill, I felt a reluelanee, aa I alwaya do, at inter-

.yGooglc

HIBTORT OP CONQRBSa.

Et^ontment of the Embargo.

Sbhatb.

irftf of meamre* which regard thf public lafety.
Bat no motives of delieicy, or anjr oiher caofc,
-will pieTMitmjrofipoiiD^iiieBtuTet which I think
wrong in principla. The lou of the bill (o sus-
pend the baboB earpui was id do reipeci itlribo-
Ubl« to the Goart ot the judget. There was no
ioterfereBce on tkdr pail, nor aajr coadnct of
theirs that coold warrant the gentleman from Vir-
ginia in Eaakiag the heavy charge " thai the hoo-
' tile propeositlaiof aeoort against its own eonn-
' try and its own GOTcmment, were the reanns
< why treason ewaped punish neat.'' In what
instance haTe the judges taterposed a shield be-
tween gailt and panishmentl The principal
leader in that rebdlion was apprehended and
taken to Virginia; and I rejoiced,. at the time,
that Virginia was to be the pUee of his trial, lo
ibki no lospieion might exist of a disposition to
faror his escape from conricdoa and punishmeai.
Aaron Burr was ac^nrtted — ^whether rrum a de-
feel in the Jaw or testimony, I am not sofficieDtly
informed lo decide. Bat I hare do beuiaiion in
declaring it as mj opioion, that it was not owing
to any indiapoaition in the jtMlge to do his duty ;
on the coDirary, I think he maDirested great in-
tegrity and finaoess in adhering to the established
rules of proceeding in criminu trials, which are
the great shield o( innocence Bgaiasi oppression ;
and in gi viog a fair trial to a political opponent,
againsl whom the popular current ran high, and
whose pitneeattoD wu aided by BxacutiTe iaSu-
anee and power. The opinioni of the judge are
in print, so that ereiy one can eiamine for him-
self, and form his own. Thns muefa ! ma^ Ten-
tuie to sar, that the gentleman from Virginia
wouU fintl it no eaiy task to point out errors.

It is eadie of legrel when an individoal, and
much to be lamentM when a public body become
■0 lealoosly «Bieaged io the narsuit of an object,
a* not to exemiDa wiih eanilDr the propriety or
ezpedieacy of the measures by which such ob-
ject i> to be attained. In the present ease, I fear
that a senl lo enforce the embargo has blinded
the eyes of some to the eoDsequeneee likely to
follow from the <ourse of measures now pursoed.
I fear, abo, that u error haa been eoromitied in
poiniiag tbedebmee and measures at a particular

EriioB of the Unnn, as if TtolaiioDS of the em-
tgo were ooaGned Id ibut quarter. Think ye
that the people of Vermont and Massachusetts
have been mnaers above all the people of the
United Biatesl Have there been no violations
of the embargo except in New England 7 Yei.
verily. The only differeoee is, that on Vermont
has fallen that poHlicTil tow*r of Siloani, ihe
President's procIamatioD. Od the cnaits of Mas-
sachuteltt, and the Slates (if the Chesapeake,
almost the whole of out naval force has been
sent to cruise, lo detect and punish (he transgres-
sions of their cidzena. This has given an oppor-
tonity to the Southero State* to violate the em-
bargo with impunity. It has l>een and Mill con-
tinues to be viola(e(l, even in that great and re-
•pecuble Bute repr«MBted in ptrt by my biother

farmer (Mr. Qilxs;] which Slate, he has assured
us, not only acquiesced io, but applauded the em-
bargo as a wise and salutary measure. To show
that 1 am correct, I will communicate to (he Sea-
ale some inlormatioo. One of the committee who
had a principal hand in drawing ibe bill, stated
that he was informed by the csptaiu of a coaster
(od ivhoie information I should rely, being ac-
quainted with him, and csieeming htm a man of
iruili, and who had the means of knuwledge, be-*
log employed in navigating up and down the
Potomac) that there was a great display of activ-
ity and exertion in transporting the produce of
the eoUDEry, par lien la riy flour, to the banks of the
river, and shipping it off for other markets. Con-
flrmatory of this,! hold in my hand other infor-
mation.— "Capuin Scovel, who arrived at New
' York yealerday, (December the 12ih,) from 8t
'Pierrei, Martinique, and Anti^a, sMtea to as
' that vessels which daily arrived in distress, in the
' ports he visited, were almost exclasively from
' tbeSoathem ports, and (be greater number from
' the Slate uf Virginia, laden with flour and other
' provisioof." Again : '' Captain Scovel, who ai-
' rived here (New York) last Mooday, (December
' IStb,) from Martinique, via Antigua and St.
' Kilts, informs us, that while he lay at Marti-
' nique, a Virginia pilot-boat schooner arrived
' there with 7fi0 barrels of flour, which (be cap-
' tain Mild for 030 per barrel ; that, while at An-
' tiguB, in the course of four days only, three ve»
' sels came ia there with full cargoes of flour from
' Virginia; that he saw at St. Kitts a Virginia
' schooner that had been at Barbadoes wttfa a
' cargo of flour, sold part, and ihen came to St.
' Kilts with the remainder for a better market."
The Secretary ef the Treasury informed ibat tha
floor which bad acctimulated in the great floor
aarkeu'of the United States, was gone. What
has become of it ? I have heard of no booflreL
except iaoDeinsiance,ioeoasume some imported
gin. One eireumstance strongly impresae* on
my mind a belief, that ibe products of that State,
Virginia, and even (he article of tobacco, have
found their way to foreign markets) which is,
that flour end tobacco, at a particular period dnr-
iog the last Summer, when the embargo was in
fall operation, rose to a handsome price, and that
some of her eiiixens of disiiaguished tank were
«o fortunate as to avail themselves of that price.
The geBileman from Maryland (Mr. 8iiiTB)also
Mated lundry violations of the embai|[o. From
which, and other information, I am induced to
believe, that there are Dot many States io the
UoioD where the embargo has not been vialal«d.
The use I wish to make of this ioformatioa is, to
•how that this meaaare is Dot to have a limited
or local operation; but is lo pervade our whole
country, and may aSect every citizen of the Uni-
ted States. Let me, therefore, entreat this Sen-
ate to consider well before they give their sane-
lion to a bill which is to have such a general
operalinn; a bill which eoniatns such novel a '

aotdioary provisions} a bill which may eu-
^r civil liberty, ud lay tJie foundation of a

.yGoogIc

HISTOET OF CONQEISS.

288

Sbhate.

Enfarcement of Iht Embargo.

Dbcbhbbb, 1808.

Ou the TeeomniitineDi of the bill, ooe very ob-
DOiiou!> piragrapb was siricken out, and others
weie altered. Some of the pangraphi I ihall
pass by without notice. The Arst to which 1
ihall ask the attention of the Senate ii the second
seclioD. That places the whole trade and inter-
course between ibe Staiei at the arbitrary trill
aod pleasure of the Pregident oalleclors, and spe-
cial lereoDe officer* ; there being no rul« laid
down by which their discretion ia to be gor-
emed. And who are these collectors and rev-
enue officers, who are to be iDirnited with nteh
unlimited power? Not jndgen hotdior their
offires independeitt of the BxecutJTe wilJ, and
free ftom Bzccatire iofluence. They are the
mere creatures of the BiacuiiTe, who are killed
or tnade alire by the breath of the Ptesideot.

This section proTides that it ihall not ba law-
ful to put on board any ship, vestel, or boat, of
any description whatever, aay specie, or goods,
wares, or merchandise, either of domestlow for-
eign growth, unleai a permit, particularly stating
the articles thus to be Wen, shall hare been pre-
viously obtained from the collector of the distriot
in which such ship, Teasel, or boat, may then be,
or from a reTcaue officer specially auihoriied by
such collector to grant sac h permit; nor unteas
bonds with surely lo the amount of til times tbe
ralue of the vessel and cargo shall be given for
relandiog the whole cargo in the United States.
And it is made lawful for the collectora (o teftiae
permission to jrai any cargo on board, whenever,
in their opinioD, there ia an' intention to violate
tbe embargo; or whenever they aball hare re- .
ceired iastructioBd to tbat effect, by direction of
the pMsideni of the United Staivs. A proviso
excepts from theoperetioD of this section the bay
aod (irer craft. The bond demanded is ezoesiive
aod oppresiire. There is no rule laid down by
whioh the discretion of the collectors or rerenue
officers is to be soreroed ; or to point ont to the
citizens uf the United States what they may ex-
pect or claim as a right. Tbe permit may be
refused altogether, upon the mere suspicion or
jealousy of toe officer, bowererunfouaded. What
a door is here opened for partiality and favoTit-
ism, and to gratify party feelings and party aai-
mosities? And have we not reason to beliere it
will, in many instances, be improved for the most
oppressive party purposes?

Section Tourlh plnces the bay and rirer craft
under the like arbitrary discretion of the collect-
ors, who ate authorized to grant, under such gen-
eral iastraotioQB as the President of the United
States may give, general per mission, when it can
be done without danger of the embargo being vio-
lated, to take on board, at any time, such articles
of domestic or foreign growth as may be desig-
nated in such permit; bond with surety being
pteriouily given in an amount equal to three hun-
dred dollars for each ton, conditiooed that every
article taken on board shall be relandcd in the
United States, and that such vessel shall not ba
einnloyed ia any foreign tTa.de, dtc.

When tbe regulation of the whole commerce
and intercourse between tbe different States ia

placed at the Btbitrery discrstian of locb an boat
of collectors, without any specific rule laid dowa
in tbo law by which ibey are to govern their eos-
dnei i will there not, under thia act, if it should
pass, be danger, will there net be a eeriaioty, that
different callectors will adopt different rales, and
that different and greater restriciionB Irill be put
upon the commerce of some Btatas than others?
which would be a violation of that clause of tha
Constitution which nays " that no praferenee sfaall
' be given by any regulation of comDwrcn or rer-
' enue to the porta of one State over thoaa of aa-
' other." This clause of the CooatitBtion rcndera
it indispensable that Gongvan sbauld by law pre-
scribe the rales by w4iich commerce ts to ba r^-
nlaled, that they may be certain, specific, and oni-
form in bU tbe Slates. Thare was aa inequality
in the regulatinna of last Bummer. Tbe Qov-
eraors of some of tbe States wne aathorized to
grant penoils lo import Bour; a like indulgettee
wasaoteitcnded to the Qovemorsef other States.
In some States permits would be very libenlljr
granted; in others, the eollec tors would be rigid,
and stop nearly all tbe trade of a State.

The fifth section anbjaoia ioaoceni persona to
penaltiea, confonnds innoeenca and gmti, involv-
ing both in one common punishment. Afier da-
clariog the forfeiture of the ship, vessel, or boat,
together with the specie, goods, war«s, and mat-
chandise, taken on board contrary to the provia-
iuns of the third section «f this act, it goes on to
say that the owner, or owners, agent, freighter or
factor, master, or oommaader of such ship, vesael,
OT boat, shall moreover severally forfeit and pay
a sum equal to the value of the ship, vessel, or
boat, and of the cargo put on board the same.
By the provision of ihis seetioa, the inquiry be-
fore the court and jury will be, not whether the
person accused has been concerned ia a violattwi
of the embargo, but whether he be an owner,
agent, freighter, iaetor, master, or commander of
such ship, ressel, or boat ; and ha may have bemi
ignorant of any intentioa to violate ine law; nmj
more, though opposed to such viotatioo, be is to
be adjudged guilty and snbjeelEd to punishment.

But, says the gentleman fra'm Virfpaia, this ii
new principle, it haa already been introduced and
recoipaised by the revenue laws. To prove this,
andthatcolleciorsare tberebyavihorized toseareh
for and seize gooda, he read the 68th and 69th
sections of the eollactioa law of Marck 8, 1799,*

• «8sc. 66. Afid bt U JotHmt outM, Thai tttay
collector, naval offiosr, and ■urveyor, n ether penoa
specially appiunled by aithar of theai {or that puipase,
■hall hs*e full ^■nn and authoiity to entei any ship
or voaael, in which they shall have raaaon to suspect
any goods, wares, or msrchsudise, subject to duly, ai«
concealed, and therein to search for, seiie, and secure
any such goods, wares, or merchondiss ; and if they
shall have causa to suspect a concealment thereof in
any parliculir dwelling-house, store, bnilding, or other
place, they, or eilfaet of them, shall, upon proper appli-
cation upon oath, to any justice of the peace, be enti.
.I.J .> . . ... ,^p[j hoDso, store, or other

»aads»>

.yGoogIc

HISTOET OF CONORESS.

Decrhber. 1S08.

Enforcement of the Embargo.

Senate •

The great and leading principle of the reveni
law is, (hat (he penalty operates on llie property
ia all cases except wliere a person is negliijent, or
knowingly euiliy of a Ttntaiion of the kvr; in
which case tneie is superadded a personal penalty.
For example, a captain who neglects nr refuses
10 enter hu resset. or raabes a lalse entry, or ai-
tenipi? lo run goods and avoid the payment of
dulies. the vessel and goods are declared forfeit,
and the captain and other persons concerned in
such violation of ihe law, snbjeeled to a penaliyj
but in no instance is the owner, agent, freighlerj
or factor, who lias no knowledge of such viola-
tion, iiubjected to a penalty. True it is, the inno-
cent owner may be subjected to the loss uf his
vessel and good" ; but that goes upon an entirely
different principle; which is. thai the owner is
responsible for the good conduct of his captain or
agent, so far ai the property goes that he entrusts
in his hands. But il was reserved for this bill to
introduce into our code the criminal priticiple that
an innocent man is (o be arraigned, found guilty,
and punished, merely for being an owner, ageni,*

cure the ■ame Tor trial ; uai ^ sacb goods, wares, and
merchandiM, on which the duties ihiil not have been
paid, or lecared to b« paid, ihall be foifeited.

" Skc. 69. And be itfitrtha- enacted. That all good*.
•rires, or merchindise, which shall ba aeiied hj virlue
of tliiit act, diall be put into and remain in the custody
of tha collector, or luch other peraoa aa he ahall ap-

Caint for tliat parpoae, until such proceedings ahail be
id a» by this act are required, to aacerUiia whether
the same have been forfeited or not; and if it shall be
adjudged thnt they aro not forfeited, they ahall I
»lored to the owner or ownera, claimant or ctaimants
thereof; and if anj person or persona ihall conceal
buy any goods, nan^i, or merchandise, knowiog them
to be liable to seizure by this act, such person or j
■ous shall, on conviction thereof, tbrfeit and pay a s
double the amonnt or value of the goods, wares,
merchandise, ao concealed or purchassd."
* An Act to anthorne ths Preaidsnt of the United
Stales to lay, regulate, and revoke Embargpei.
Sec. ]. Be ittnaeted by the Senate and Home of
ftepramtativei of the United Stata of Jneri'ea, in
Congrett aatemiled. That the Preaident of the United
States be, and he hereby is, anthorized and empowered,
whenever in his opinion the public safely ahall require,
to lay an embargo on sU ships and vessels in the ports
of the United States, or apon the ships and veasela of
any foreign nation, under such regalationi ms the cir-
cumstances of the ease may require, and to continue
or revoke tha same whenever ho shall think proper.
And the President ia beieby fully aaUioriied to give
all sucli orden to the ofRccra of the United States aa
msy be neceaaary to carry the same into full effact:
Pnmided, The authority sibreaaid shall not be eier-
ciscd while the Congress of the United States be in
KSMon. And any embargo which msy be laid by the
President, as aforeaaiil, shall cease and determinB in
GfUen days from the actnal meeting of Congress next
><ler laying the lame.

8»e. 2. And be it further enacted. Thai tbia act
•hiU continue and be in force until fltleen daya aller
Ihe cotamencoment of the next session of Congress,
snd no longer.
Approved, Jane 4, 1794.

10th Com. 2d Sebs. — 10

freighterj i

raeior. This is a principle which
e the most tyrannical code of the
al Qoveronient that ever existed,
h subjects the reputed owner lo the
same forfeitures and penalties as the renl owner
in the preueditig section. So that an innoceat
person IS not only liable to the charge of a crime,
but to B conviction and punishment, because his
natnc happeiis to appear on a cerliGcate of regis-
try, enrolment, or license, or the last clearance
or custom-house decumcut, though he may hare
no interest or properly whatever in the ship or
vessel that shnll violate the law^ and no knowl-
edge of such violatiuD, or of any intention lo vio-
late the law. This same seclion establishes un-
warrantable rcsiriclions nn the sale and transfer
of properly, for it is provided that no sale shall be
recognised or rendered effectual, utitil a bond shall
be given equal to three hundred dollars for each
ton of such ship or vessel so proposed to be sold,
condiiioncd that such ship or vessel shall not, dur-
ing the continuance of the embargo, contra veneot
infringe any of Ihe provieions of the snid acli.
a vessel of one hundred tons burden cannot be
sold without entering a bond uf $30,000 i an enor-
mous bond, which very few, if any. such own-
ers would be able lo obtain, ihougb under the
most pressing necessity of selling lo obtain the
means of subsistence, or bread for his family.
Who would entangle his fortune with such a
bond 7 Let me ask the gentleman from Virgioik
whether, even to oblige a suffering neighbor^ he
would pledge his farm and mills by entering into
such a hood 1 I have too good an opinion of bis
prudence and foresight lo believe he would thus
encumber (he place of his dignified retirement
with such a bond; and if his palrtoliim would
not induce him to give such a bond, who is there
that would do it? As well might Congress p&ss
a law declaring It unlawful lo sell at all, as to pass
this law; for it is an indirect mode of doing th«
same thing. And has the Conslilulion given to
Congte.'iS any such power 1 If we arc doomed to
suffer under the embargo system, it is better far
10 nop the coasting trade altogether, and chain
our coasters, as arc our other vessels, lo rot at our
wharve.i, ihan to di.'grace our country by such aa
act. An act which only lanializes our ciiizena
with the show of a caasiing trade, when, by le-
quiring excessive bonds, tmposrng burdensome
esirictions, and submitting the whole to the arbi-
trary discretion and caprice of a host of coUectora
it will in fact be annihilated, or nearly so; an act
which, under pretence of regutatinj^ the ^ale of
vessels, has required a bond which in its opera-
tion would, in most cases, amount to an absolute
prohibition. An act which opens a door for the
most wanton favoritism and eruel opprebsion ; aa
act which violates some of the most imporlant
principles of justice.
The seventh section contains a mast exlraordi-
iry provision; a provision which virtually goes
deprive the party of his right of trial by jury,
an impartial jury of the vicinity, before whom
the party would have it in his powiT to adduce
evideflce, Bud make his defence. By this bill, the

.yGoogle

HISTORY OF CONGEESS.

Senate.

EnforcettKnt of tlu Embargo.

December. 1

final decisiioD, whatever it may be, is referred to
the Secretary of Ihe Treasury, an Eieculive
officer, holding his office at the pleasure nf Ihe
President, and residing in this city, the seal of the
General Government, which, as regards the con-
venience of a ^reat portion of the citizens of the
United Slates, 13 ina dislanl land. The section pro-
vides that, in all suits on bonds given hj virtue
of this or any of the embargo acts, conditioned
that goods, wares, or merchandise, or the cargo of
a vessel, shall be relanded in the United Slates,
judgment shall be given against the defendant,
unless proof shall be given of such relandiog, or
the loss of the vessei at aea. BuL neither capture,
distress, or any other accident whatever, shall be
pleaded or given in evidence in any such suit.
What possible difference can there be between
depriving a party of his trial by jury altogether,
and precluding the evidence necessary to his de-
fence and the establishment of his ionocencel It
is nn axiom admitted in all codes, that the act
of Ood shall prejudice no man. But, by this bill.
if a vessel bound, for eianiple, from New York
to New Haven, should have a single hogshead of
rum on board, and, in a thunderstorm, this should
be set on Bre and consumed, and the vessel fortu-
nately escape, because the relanding of the rum,
or the loss of the vessel, cannot be proved, judg-
tneni is to go on the bond — alihougn the defend-
ant has the most incontrovertibrc evidence to
prove the above fact, (the destruction of the rum,)
a complete defence at law — not by ousiom-bouse
oaths, of which the gentleman from Virginia
seems to think so lightly (and which I am scarry
be should disparage. as on them depends much of
our revenue,) but by the oaths of the most
speciable characters of our country, who may
on board, and eye-witnesses of the faclj nay, it
might happen to he the gentleman hinaself. Ai
other case: in & storm, to save the vessel an
their lives, the crew and passengers throw ove
board a cargo of Sour, or such as may be on deck

and in the wav of working the ship; proof of this
is not to be admitted before the court and ii
but judgment is to be rendered against the defe

int. Many other such like ca^es might be put
equally strong. Article seventh, of the amend-
ments to the Constitution, provides, that "where
the value in controversy shall exceed twenty dol-
lars, the right of trial by jury shall be preserved."
Two of the prominent articles of grievance sef
forth in the Declaration of Independence are is
these words;

" For depriving us in many cases of Ihe beneGi
of trial by jury."

"For transporting us bevond the seas, to be
tried for pretended offences."

To deprive the party of the right to plead
give in evidence what would establish his i
noceuce, is to deprive him of bis trial ; to requ.
a court to render judgment 00 a bond against t
defendant, who is prepared and offers his plea a
evidence, to establish a complete and legal defence
before a court and jury, is to deprive him of his
trial by jury, and is a denial of justice. And to
■end a aefendaDt thus condemned to the City of |

Washington to obtain relief is indeed sending
'■m"to be tried for pretended offences." But,
ys the gentleman from Virginia, by the humane
provision contained in the Iwelth' section, the per-
son thus unjustly condemned may escape the
penalties of the taw. And how ? By conforin-
ing to the law of March 3d, 1797, which provide*
For mitigating or remiitins forfeitures, penalties,
ind disabilities. That is, by going hundreds of
miles from bis own home to the City of Wash-
ington, (little less inconvenient than a voyage
across the Atlantic,) there to appear not before an
impartial tribunal, composed of judges and jurora
of his own vicinity, free from all Eieoutive in-
fluence and party bias, hut before the Secretary
of the Treasury, holding his office at the will of
the Eiecutive— not in the manly altitude of «
o hold in conscious innocence, to defend hii
icter against the imputation of being a vio-
of ihelaws of his country— but in iTie atti-
tude of a suppliant, against whom judgment has
' een pronounced ; humbly praying, on the
nee^for the remission of the penalty of
the law; which he can claim, not as matter of
ight, but of grace. Is it possible that free-born
Americans can submit to such indignity? Is il
thus that the character, the feelings, and the in-
of the American peopleareiohemade the
sport of an embargo system 1 No, sir, pass this
d that system now oppressive will become
more odiom, if possible, than were the
e» of the British Parliament, which drove
Ihe Revolution, induced us to bear all the
hardships of a long war, and severed the colonies
Trom the parent country.

Sec. 9— Authorizes the collectors to seize or take
into iheircmlody, without warrant, without evi-
dence, and at their own discretion, specie, or any
article of domestic growth, produce, or manufac-
ture, when there is reason to believe they are in-
tended for exportation ; or when in vesselt, carts,
wagons, sleighs, or any other carriage, or in any
manner apparently on their way towards the ter-
ritory of a foreign nation, or 411 the vicinity there-
of, or towards a place wnetice such articles are
intended to be exported. This seizure may be
made, not only 00 board a vessel, but on the Land;
not only in a cart, wagon, or sleigh, but where-
ever they may be; provided there is reaton to
believelhey are intended for ex porta t ion. Money
is not kept in the highway or open field, but in
a house, in a desk, or private drawer ; flour and
other articles of produce are not kept in a situ-
ation to be exposed to the weather, or other in-
jury, but in warehouses or stores: when, Ibere-
fore, an authority is ?iveo to take these articles,
when the collector believes they are intended for
exportation, it is to take them where they are
usually kept and maybe expected to be found.
My house, I have always been taught to believe,
was my caslle, ray sanctuary, where myself ana

Froperty could remain in perfect security, unless
should have forfeited the privilege by some
crime against the Slate. But are we not about
10 declare, by this bill, that a collector, and with-
lout any warrant from a civil magiatraie, and

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HISTORY OF CONGRESS.

294

Decbmbeb, 1806.

Enfitreemmt of the Embargo.

Senatb.

merely on the eroand of his own suspicion, and
goretDed onlf tiy his owq discretion, may enter
my enclosate, my store, my dwelliDg-house, and
there take into custody my money and other ar-
ticles? That he may call the military lo aid
bim in this work? In the progress of which,
may not my prirate and most uoafidentUl papers
he ezposedl Do not these ibings lend to irrita-
tion, to resistance, to bloodshed t Can such
Legislatire proTisions consist with a wise policy,
with the principles of a free GoTernment, or ihe
Constitution of the United States?

In article four of the amendments, it is provi-
ded, that '-the righlof the peopleio be secureiniheir
' persons, houses, papers and effects, against un-
' reasonablesearchesaDdseizorevihallnoi be viu'
' lated; and no warrant shall issue but uponprob-
' able cause, supported by oalh or affirmation, and
' particularly describing the place to be searched
' and the person or things to be seized,"

The genllemaa from Virginia, here, as in other
instances, rests bis defence of this seciion on the
law fur the collection of tbe revenue, and partic-
ularly on the samesiity-eigbth section, which bai
been read. True it is, that by that law ibe col-
lector is authorized to go on board S vessel and
make search or seizure without warrant ; but the
moment he sets his foot on the land, ttud wishes
to make search or seizure, applicallun on oath
must be made to a magistrate for a warrant, to be
executed in the manner directed. Tbere has al-
ways been a difference io the mode of enforcing
the laws on board of vessels on the water, from
what WB!i admitted on the land ; and less for-
malily and caution has been observed in making
search and seizure on board of vessels, than what
isreqnired on the land. Inour ttoresand dwelling-
houses. For the purpose of executing the law
of nations on the high seas, commercial regu-
lations and the collection of revenue, it has been

log

seizure without warrant, and without mnch for-
mality. A great discrimnation has slwaysbeen
made between vessels and houses.
toth«r manifest dii

seizures under tbe Uw for collecting rereune,
) present bill; there the atiiclei seized

claimed to have become forfeited ; but by the
present bill there is a- bare saspicion that ihey are
about so to be proceeded with as that they may be-
come forfeited. Under those lawi the property
is immediately placed in the custody of the law,
and under the jurisdiction of a court of justice ;
where the claimant can have a trial, and if he can
make out a well-founded claim, is entitled to a
restoration of his properly. Sy tlii* bill, the prop-
erty is held by the coUeclori, and the owner has
DO way of obtaining the same but by substituting
a bond, with sufficient sureties (which llie party
may not be able to obtain) for the landing or de-
livery of the same in some place in tbe United
Stales, where, in the opinion of the collector,
there shall not be danger of tuch articles being
exported.
When the collector luu aeized or taken money

or other articles, it is made bis duty lo guard
ihem; which must be done either Jn the place
where taken, or in some other place to which he
shall in bis discrelion remove them. And for the
purposeof taking iolo custody and guarding specie
or any other article, the 11th section auiborizet
the President of the United Slates, or such oiher
person as he shall have appointed, to employ the
land and naval forces, or militia of ihe United
States. Take either aliernative, the law cannot
be executed without a violation of the Constitu-
tion. For suppose it 10 be money, and to avoid
anr question about an unreasonable search, we
will suppose tbe collector present in my hons^
and sees me count and place a large sum of mon-
ey in mjr desk, which he believes is intended for
exportation in violation of the embargo, and
makes a seizure, as would be his duty under this
bill. If the money is not to be removed, he must,
or may, introduce a soldier or soldiers into mj
house tn guard it; which would be fn direct vio-
lation of the 3d arlicle of the amendments to the
Constitution, which says, "no soldier shall in
' time of peace be quartered in any house, without
' thecoosenl of Ihe owner; our in lime of war, but
' in manner to be prescribed by law." If the
money is lobe removed to soma other (in the
opinion of the collector) safe place, then is there
a violation of the 5th article of the amendment^
which says, that no person ahall be " deprived of
his life, liberty or property, without due proceai

Sec. 10 — Gives lo the President's instrucliont,
and the rules he may prescribe, the authority of
law. Are we prepared for this, lo authorize the
President lo make proclamation bws 7 In that sec-
tion it is provided, thst the- powers given to cot'
lectors "shall be exercised in conformity with
' such instructions as the President may give, and
' such general rules as he may prescribe for that
' purpose, made in purxURnce of the powers afore-
' said — which inslrnctions and general rules the
' collectors shall be bound lo obey. And if any
'action or suit be brought against any collec-
* tor or other person, acting under the directiona
' of and in pursuance of this act, be may plead
' the general issue, and give this act and the in-
' structions and regulations of the President, in
' evidence for his justification and defence."
Neither in this or the former act is there any rule
laid down by which the President's instruclioni
are to be governed — consequently, tbey depend
on his own arbitrary will and pleasure ; and it it
made the duty of the collectors to pay implicit
obedience lo tnose instructions, and through tbe
collectors they are to operate upon the property
and concerns of the people. There is no mode
pointed out by which these instructions are lo be
promulgated and made known, as are the laws.
By the Constitution, all laws are to receive the
sanction of the two branches of the Legi^ilatureand
be approved by the President. But, accordiog lo
this seciion, the President's in:>truclion5, proceed-
ing from the recesses of the palace, and cummu-
oicated only lo the collectors, ate to have the
binding force of law— ire to affect the properif

.yGoogIc

HISTORY OF CONGRESS.

Enforcement of the Embargo.

Deceiibbb,1808.

of thecliizeosof iheUniied Stales
— ire to conlrol the courts of justice— and thus
TioUte that saoctiiary which has alwBV« been es-
teemed a greet bulwark to guard the liberties of
a free peojile. These instruction)! are to be giveo
ID evidence od any suit against the officer for his
jUBtificailou and defence. If the officer is bound
to obev these instructions, the courts must neces-
■arilv be bound to receire them as evidence in
jUstinralioD of the collector — the C0Dse(|Ueiice
oecessarii^ followa thai ihey must conlrol the
courts of justice.

To support llie principle of ibis seclioo of the
bill, the gPDileman from Virginia has read to us
m law of (he United SiBies pasiied in June, 1794,
aolhorizing the President lo lay an embargo, pio-
Tide (he neressary regulations for carrying it into
effect and for revoking the same. Whtiher I did
or did not vote for that law I do not now recol-
lect; the y«as and Days were not lakea. Bui I
bare no hesitation in saying, that with my present
impressions, I should, under like circumstances,
TOte for such a law, either under the then Ad-
ministraiiiin or the present. We then had dis-

tiites with the British Government, which, un-
w» settled by the negotiation then pending, must
terminate in war. We bad adopted every defen-
■ive measure in our power, and Congress were
■bout to adjourn, and wait the issue of the uego-
UatioQ. If unsuccessful it might become neces-
»arjr suddenly lo stofi our vessels in our harbors,
previous to adeclaraiion of war. Congieaa could
DOt be convened, so as to pass a law, much short
of two months. It resulted therefore, as a neces-
Wiry consequence, thai the power must be lodged
■omewhere; and where more properly than with
the Chief Magistrale? In my opinion, the power
tolaf an embargo is not given to Congress by
that clause of the Constitution, which ^ives ihe
|K>wer to regulate commerce ; it is in direct hos-
tility to comraeice. The power to'lay an em-
bargo, follows as a necessary appendatte lo the
power of making war. The case might happen
when even the commanding officer of the army
miffbt be justified in laying an embargo on all ships
mnd vessels In certain harborn and rivers, when
necessary lo aid a military eipedition then on
foot. The Parliament of England have the sole
power to regulate commerce; the King lias the

Biwerof declaring war and of Inyingao embargo,
ut Ihisisa power lobe exercised with great
caution; it is a measure temporary in its nature.
The present is, I believe, the first ejpcrinient of a
permanent embargo. It is a power, when given
to the Executive, which is to be carefully euarded;
u was the law in 1794, by whkh the President
was not to lay an embargo when Congress were
in session, nor that shnuij continue in force but
for a short time after Congress should convene.

To enable us to form a correct opinion in this
ease, it is proper lo inc|uire what is an embargo.
An embargo, in its nature and legitimate import,
i* most emphatically a measure, not alfc'ciing the
ioternal policy of a country, but operating upon
tbe water, in relation to ships and vessels. Its
propel elecaent it the water, nol the land; but

Congress, during (be lant session and tbe present,

have been laboring to convert this water-fowl in-
to a land-iurlle, wTiich might creep into tbe en-
closure of every man in the nalion. Upon these
principles, an embargo law, or lesolutioB, would
be very Ghotl, as was Ihat in 1794. But in lbs
pcsenl case. Congress have accumulated one long;
iDiricalf statute upon anotbei, until the p rope rtjr
of the whole couulry is involved within tbeir
grasp. la short, theefforl has been to convert an
embargo into a non-eiportalion act. In ibis, as
in many other cases, a wrong title has been adopt-
ed ; and from that circitmstance arises mucb of
our present embarrassment. Had the lawoflVM,
giving lo the President of the United Slates the
power of laying an embargo, so confidently relied
on by the genlieman from Virginia, as justifying
the powers and principles of the present bill, con-
tained such powers and such principles, it never
would have had my support or my vole. It would
have meritedconflagration, and to have been burnt,
as on another occasion was the law of a Slale^by

Mr. President, after enumerating such a cata-
logue of arbitrary restrictions, oppressive tegula-
lioiis, and unconstitutional provisions, comprised
in this one bill, could it have been imagined
that there was one objectionable section still left
for consideration, mure alarming than any that
have preceded 1 One that makes a full stride to-
wards the introduction of a mililary despotism ?
It is section 11, which says:

"That it shall be Uwful for Iha Protidenl ofthe Uni-
ted States, or such other penoa ■■ ha ihsll havs ant-
powered for that purpose, to empla; inch put of thft
land ar niTsl force, or militia of the United Btatoi, or
dflho Territories Ihereof, ■■ may he judgad neccMar;,
in .conformity with Ihe provisions of this and the adi«T
■eta respecting the embargo, for the parpoM of pra-
vonting the illegal departure of any ship or vessel, or of
detaining, taking possession of, and keeping in custody
any ship or veaael, or of taking into cualody and guard-
ing any'apBcie or articlea of domestic grocilh, produce,
or manufacture, and also for the purpose of preventing
and suppressing any armed or riotoui ssaemblage of
persons reaiating the custom-houM officers in the ex-
ecution of their dutiea, or in any manner opposing the
eiacutian of the laws laying an embargo, or otbervrise
violating, or assisting and abetting TJolatioDS of tha

Here we see the militsry- called on, in the first
instance, to execute the laws — taking" the lead
under a mililary chief; not following in the train
and under the direeiion of the civil magtstrBie, as
Dughl invariably to be the case in a well regula-
ted free Qovernment. Under such a Oovernment,
the laws have always been carefully guarded, to
keep the military in subordination lo the civil
power. Once permit the mililary lo get the up-
per hand, and your liberties are gone. By this
bill under whose direction is themililary. m the
bosom of a Stale, lo be placed? not of the Chief
Magistrate of the State, nor of any officer who
has received his appointment from a State, or
whose apppointment has been made with tbe ad-
vice and conteat of ibis Senate} but ofaperaoD

.yGoogIc

HISTORY OF CONGRESS.

Decembbb, laoe.

Ertfarcemwi of Iht Embargo.

-who is 10 receive his appoiulment from the Presi-
dent's aole aulltority. Tbat □□ such power as is
contained in the prorisians of this bill, is neces-
sary for the purpose of ezeculiDg the laws, or
quelling insurrectiuns, ia manirest froni past es-
perieoee. Under this Conslilution we hare bad
SQe inaurrectioD, aod also a powerful combioatiou
toresiai the execution of the law». What was
the conduct then 1 Fortunately for our country,
our then Chief Magistrate was both a soldier and
a statesman. A statesman who was duly sensible
of the importance of keeping the military in sub-
ordiaatioa lo the civil power. In the Western In
surrection, a considerable military force was called
out, 10 the araounl of thousands, and marched
against the insurgeots, but they were preceded by
the marshal of the district, the attorney, and the
judge. And instead of military ezeculion, the mild
process of the civil law wa? resorted to j and

,r„°

found sufficient to brins offenderi
a the majesty of tbell

tioD was quelled, and tranquillity restored to our
country. The combination under Fries, lo resist
the execution of the laws, was also suppressed by
a resort 10 the like mild but etficieot measures.
No suggestion was then made that ifwas neces-
aary that more of the military should be intro-
duced into our civil code.

The laws of the United States »Qd the State
laws have made ample provisions for calling in
the aid of the military, when necessary to execute
the laws. By the act of February 28, 179o, the
President is clothed with ample power to use
military force to execute the laws, observing the
■ecessary prerequisite of a proclaraatioD ; and by
the nintti section of the same act, the marshals
are elnihed with the same power and authority,
lo enable them to execute their duty, as is given
to the sheriffs iit the several States. And that
(his is sufficient, the experience of every Stale
evinces. Why this attempt to place the execu-
tion of the Iaws,in the first instance, in the hands
of the military 1 Why this innovation on our
ancient usage? I fear it bodes no good lo our
country.

Has the embargo, which was professed to be
laid for tbe benevolent purpose of " preserving
our Tesseli, our seamen, and our merchandise," be-
come M> unpopular, so odious, that it cannot be
executed through the mild medium of courts of
justice ; but thai the.eonniry must be put under
martial Jaw, and the bayonei of the soldier substi-
tuted in ibe place of the tribunal of justice 7 If
so, it ought to be repealed. In a Qovernmenl like
ours, resting wholly on ibe popular vo:ce, no law
ought to b« continued that will require a military
ezecutiuD.

I do hope, and must hope, until the signature
of the President to the act shall be announced to
the Senate, that ifaia bill will never pass the dif-

the embargo into effect, will not justify the
sure. Tbis same plea of necessity has aV
been resorted to by tyrants. It is in times when
parties ran high, and nuder popular leadera, that

adopted and precedents established,
tbat eventually overturn the libtrtles of a coun-
try. I do not believe, sir, that the citizens of tbe
United States are yet prepared to surrender tbeir
liberties at the shrjne of either foreign or dome»-

franny, though it should bo recommended
e most popular of their favorites. Tbe
American people are too well acquainted with
the histOTV of former Republics lo submit iheit
necks 10 lae yoke, and to wear the chains of sla-
very, however gilded, and thou;;b invited lo wear
ibemhy the seductive voice of party spirit. When
it shall be discovered (and an attempt lo ezecuta
this act, if unfoilunately it should pass, will open
of the people) and they will discorcf,
ck on civil libertv, the party
tw distract our unhappy coun-
try, and are the cause of so much mischief, will
lisappear ; and public spirit, notwithstanding the
operation of political soporifics, must be awakened.
The people, coming forth in their might, would
; once put down the first essay towards the worst
of despotisms, a military despotism.
In my mind, the present prospect excites the
ost serious apprehensions. A storm seeemi to
be gathering, wnich portends not a tempest on the
ocean, but domestic convulsions. However pain-
ful the task, a sense of duly calls upon me to raiw
voice, and use my utmost eieriioDsto prevent
passing of this bill. I feel myself bound in
icience lo declare, lest tbe blood of those who
may fall in thu ezecutian of this measure should
be on mv head, that I do consider this 10 be an
act which directs a mortal blow at the liberlies of
my country; an act containing unconstitutional
provisions, to which the people are Dol bound to
submit, aod to which in my opinion they will not

Mr. Pope spoke in favor of the bill.

And on the queslion. Shall this bill pats 1 it was
determined ia tbe affirmative — yeas 30, nays 7,
as follows :

ViiB — Means. Anderson, Condit, Crawfiud, Frank-
lin, Oullaid, GUei, Gregg, Kilche], Milledge, Mitchill,
Moore, Pope, Hobuuon, Bmilh of Mujland, fimilb cS
New York, Smith of TenneHee, Sumter, Thnuton,
Tiffin, and Turner.

Nits — Messrs. Gilman, Goodrich, Hillhonise, Lloyd,
HaChawson, Pickering, and White.

80 it was, Reiolved, That this bill pass, and
that the title thereof be ''An act to enforce and
make more efiectual an act, entitled 'An act lay-
ing an embargo on all ships and vessels in the
ports and harbors of tbe Uniled States, and the
several acts supplementary thereto."

Thdhbdat, December 2S.

The hill brought from the House of Bepresen-
tatives yesterday entitled "An act for the relief
of William White and others," was read and
passed lo the second reading.

The bill, entitled "An act authorizing the pro-
prietors of squares and lots in the City of Wash-
ington, to have the same subdivided and admitted
10 record," was read ; and, by unanimous eoueni,

.yGoogIc

HISTORY OF CONGRESS.

Senate.

December, 1808.

ChB bill was read a lecond lime, aod referred to
Messrs. White, Llotd, and Bbadley, lo cou-
•ider and report tbereon.

The Senate resumed, as id Commitiee of lbs
Whole, the report of the select committee to
whom was referred the bill, entitled "An act au-
■ - ■" additional

Mr. CBAwroHD, the further coasideralioD of the
bill was postponed.

Fbidat, December 23.

The bill, entitled "An act for the relief of Wil<.

liam White and others," was read the Recood

time and referred to Messrs. Mitcbill, Gbeoo,

and Bhadlet, to consider and report thereon.

MoKDAr, December 26.
The Vice PREeivBHT being iodispoied, the
Senate adjoiuned.

TaiSDAY, December 27.
The Vice Pbebident continuing indisposed,
the Senate adjourned.

WEnHESDAT, December 28.

The Vice Presfdent being absent by reason
of the ill slate of his health, the Senate proceeded
lo the election of a~ President pro tempore, as the
Oonstituiion provides; and Stephen R. Brad-
ley was appointed.

On molion, by Mr. Qileb,

Ordered. That the Secretary wait on the
President of the United States and acquaint Iiim
that the Senate have, in the absence of (he Vice
President, elected Stephen R, Bradley their
President pro (erapore.

On motion, by Mr. Giles,

Ordered, That the Secretary make a tike com-
munication to the House of RepreseniatiTes.

The following Message was received from the

PHEStDENT OF TBE UNITED STATES :

7b ike Senate of the Vailed Statet .-

According to the reqeeit of the Senate, in their
reiolution of NoTember 14, that copies ihourd bo laid
before them of all the orders and deciees of the beUig-
•rent Fowen of Europe, pessed since 1791, affecting
the commeTciEd rights of the United Suies, I now
transmit them a report of the Sccretarr of Stste, of
such of them M have been attainable in the Deput-
ment of Stats, and are supposed to biTo entered into
the view* of the Senate.

TH. JEFFERSON.

BicskiibSS, leOS.

The Message and papers accompanTing it were
read, and five hundred copies thereoi ordered to
be printed for the use of the Senate.

The following Message was received from the
Pbesident of TBE United States:
7b the Senate of the Uniied Staiee .■

Acoording to the requeit eipiessed by the Senate,
in their resolution of November 14, 1 now transmit a
report of the Secretai; of the Treaauij, and atatemeal.

(howiog, as Ear aa return* hate been lecuived from iha
collectors, the number of veuela which ha*e departed
fiom the United States with peimiauon, and apeciij-
ing the other particulars contemptnted by that resolution.
TH. JErFER60N.

DicEKSSB ST, 1806.

The Message and documents were read, and
three hundred copies thereof ordered 'to be printed
for the use of the Senate.

Mr. MiLLEDoe presented the petition of Wil-
liam Brown, an ofGcer of artillery, during the
whole of the Revolutionary war, staling his ser-
vices in that arduous contest, and praying that,
at an advanced age, he may be placed above the
pressure of want; and the peiiiien was read and
referred to Messrs. Milledoe, Franklin, and
Qheoo, Co consider and report ibereon.

Mr. MiTCHiLL, from the committee to whom
was referred the petition of Eunice Hunt, made
report ; which was read for consideration.

The Senate resumed, as in Coinmittee of the
Whole, the report of the select committee to
whom was referred the bill, entitled "An act au-
thorizing the President to employ an additional
number of revenue cuitersj" and having agreed
lo the amendment, the President reported (he
bill to the House amended. On the question, Shall
this bill be read a third time as amended 1 it waa
determined in the affirmative.

On motion, it was agreed, that the bill making
a further appropriation towards completing the
two wings of the Capitol at the City of Washing-
lOD, and fur other purposes, be further postponed.

Mr. Greoo submitted the following motion :

Boohed, That the Secretary of the Senate do cause
to be bound ai many sets of the doeumenta accompa-
nyiog the Hessagea of the President of the United
Slates of the twenty-second and thinioth of March,
one thouaand eight hundred and eight, and also of th*
documents accompanying the Freaident's Mesaage irf
the eighth of November, one thousand eight hundred
and eight, as ahall be sufficient to furnish each mem-
ber of the Senate with one copy, to be delivered dur-
ing the present session.

TcEBnj

, December 2

A message from the House of RepresenUtives
informed (he Senate that the Honse hare paaaed
a hill, entitled "An act to continue in force, for a
further time, the first section of the act, entitled
'An act further to protect the commerce and sea-
men of the United Slates against the Barbary
Powers i" a hill, entitled "An act authorizing the
appointment and employment of an additional
number of navy officers, seamen, and marines;"
also, a bill, entitled "An act for the relief of Au-
gusiin Serry;" in which bills they request the
concurrence of the Senate. They have passed
the bill, entitled "An a^it supplemental (o ao act,
entitled 'An act for the extending the terms of
credit on revenue bonds in certain cases, and for
other purposes," with amendmenlsi in which
they request the concurrence of the Senate.

The Senate resumed, as in Committee of the
Whole, the bill making a fuitbei approptiaiioQ to-

.yGooglc

HISTORY OF CONGRESS.

302

DECEHBEm, 1808.

North Carolina Remluiiont.

wards compleiin« ibe two wings of the Capitol

al the City of Waahin^lon, and for other pur-
fiosej; and the bill havjog been amended, the Ptesi-
deol reported it to the House accordiogljr. On the
qaeslion, Shall this bill be engrossed and read a
[bird iioa« as amecided? it was deletmined in the
aCBrmaiive.

Mr. Tipnn, from the eonimittee, reported the
amendments to (he bill, entitled "An act auibor-
iiiog the President to employ an additional num-
ber of revenue cutters," correctly engrossed ; and
the bill was read the third lime.
Retolved, That this hill pass with araendmeois.
Mr. Pope preaenied the rieiiilon of the Marine
Insurance Company of Aleiandria, praying an
ezteosion of theit charter, auihonzing them to
"make insurances against fire, on houses, house-
hold furniture, and goods, wares, and merchan-
dise, within ihe United Slates;" and the petition
was read and referred (o Messrs. Pope, Oiles,
and Robinson, to consider and report thereon.

The three bills last brought up for concurrence
were read, and passed to the seco.id reading.

The amendments of the House of Representa-
tives to the bill, entitled "An act sopplemental to
an act, entitled 'An act for extending the terms
of credit on r^venne bonds in ceriaia cases, and
for other purposes," were read and ordered to lie
for consideration.

The Senate resumed the consideration of the
Kport (if the eomraiiiee to whom was referred
the petition of Eunice Hunt, and agreed thereto
accordingly ; and

RemJwd, That the petitioner have leave to
withdraw her petition.
Oq motion, hy Mr. Frineun,
The bill, entitled " An act to eoniioue in force,
for a further time, the first section of the act, en-
titled 'An act further to protect the commerce
and seamen of the United States against the ilar-
hary Powers," was read the second time bjr unan-
imous conseBt, and referred to Messrs. Fhamki-is,
AsDERsoN. and Hillhoorb, to consider and re-
port thereon.

FaiDAy, December 30.

The bill, entitled "An act authorizing the ap-
poiatment and employment of anaddiiional nom-
ber of nivy officers, seamen, and marines," was
read the second time, and referred to Messrs.
White. Grboo, and Mii.lbdoe, to consider and
report thereon.

The following Message was received from the
President op the United St&tes :
To tht Senate and Hautt of

Rtprttentativu of tht Umttd Slate* :

I lay before the Legialatuie. a letter from Governor
Claibome on Ihe lubject of k small tribe of Alabama
Indians, on the wettern side of Ihe MiuiHippi, con-
sictiiiK of about a dcnen families. Like other erratic
tribes in that country, it is understood that tbej have
Utheilo moved from place to place, according to tbeir
convenience, without appropriating to tbennelves ei-
elusivelj any particular territory. Bat having now
become habitoaled to aome of the occupations of civ-
ilited life, they wish far a fixad iMidenee. I suppose

'ill be the interest of the United States to enroursga
wandering tribes of that country to reduce them-
selves to filed habililions whenevei they are so dis'
posed. The eilabliibment of towns and growing at-
tachmento to them, willfomidi, in some degree, pledge*
of their peaceable and friendly conduct. The ease of
this psrticotar tribe is now submitted to the considera-
tion of Congreas.

TH. JEFFBHSOH.
DiciKBSJL 30, IBOe.

The Message and resolutions were read, and
ordered to be printed for the use of the Senate.
Mr. Andebbon, from the comoiittec to whom
as referred the bill, entitled ''An act authorizing
the payment of certain pensions by ihe Secretary
of War at the seat of Governmenl," reported the
bill without amendment.

Ordered, That it pass to a third reading.

Mr. Fbanklih presented the representation of

the grand jury, and others, inhabitants of Cabar-

ras county, in the Slate of North Carolina, on

the present embargo, and soliciting permission 10

export their surplus produce, if~it can be granted

without any abandonment of national indepen*

denee or a surrender of essenlial rights ; and the

representation was read, and ordered to lie on

the table.

Mr. MiTCBiLL submitted the following motion :

Ruo(ved, That a committee be appointed to inquire

whether any, and what, provisions ought to be ffisile

at this lime fur the relief of sick and disabled leaaNi

of the United States.

The bill, eniitled "An act for the relief of An-
guslin Serry," was read the second time, and re-
ferred to Messrs. Mitcbtll, Reed, and Sdmtbb,
10 consider and report thereon.
■ The Senate resumed the amendmenls of the
House of Represeniaiires to the bill, entitled ''An
act for ellending the terms of credit on revenue
bonds, in certain cases; and for other purposes;"
and on molion, hy Mr. Llovd, it was agreed that
they be referred to a select committee ; and

Ordered, That Messrs. Millgdoe, Llovd, and
GiLHAN, be the committee to consider and report
(hereon.'

Mr. TtFHN front the committee, reported the
hill mahing a further appropriation towards com-
pleting the two wings of ihe Capitol at the City
of Washington, and for other purposes," correcllf
engrossed ; and the hill was read the third lime,
and on motion, by Mr. Llotd, it wifs ordered lo
be recommiited to Messrs. QtiEaa, Throston,
and AnoERsoN, further to consider and report
thereon.

nohth caholina resolutions.

Mr. Tt;RNER presented tbe resolutions of Ihe
Legislature of the Siate of North Carolina, ex-
pressing their sentiments on the present situaiion
of our foreign relations, and approbatory of the
measures of Gtovernmeni; whicn were read, and
ordered to he printed for the use of the Senate.

They are as follows ;

III Bihate, November SS, IBOS.

The General Aasembly of North Carolina, Viewing
the present situation of the United States, in relation

.yGoogIc

S03

HISTORY OF CONGRESS.

304

Bekatb.

JtHUABT, 1809.

to Onit Britain 4Dd Franco, tx being allrmiiigly crit-
ical— a> lequiriag the eierciie of Ibe ^eateit nuJom,
energy,' and prudence, on the part of tbe General Got-

eTnment,aiid the highent degree of patriatiim anduDB-
nimilj aiaongit the real frienda of tbeir country — are
of opiDion.that.aB great clamor bu been railed againat
aome of the mea«ure« lately taken by our Adminiatra-
tion, which may have led foreign nationi to belieTe that
the people of the OnrteJ Slates are a divided people,
unable or unwilling to can? into effect any energetic
maaaurea of their GoTemnienl,it may acrvr to alien glhen
the hands of Ihoae who have tbe management of our
uational efTaire, for I.egielatire and other public bodiea
to puhlieh an einreagion of their aentimentson the pre-
■enl aituation of onr foreign relalionat wbich the Gen-
btbI Aaaembly of North Carolina Jo, in the folloning

Ruohed, That wo tiew the pretext offered by Great
Britain for not making reparaljon for the acknowledged
outrage an onr frigate Cheeapeake, by the British ahip
of war Leopard, aa unworthy a nation boaiting of a
free and enlightened GaTernmenl.

Ruolvtd, That we conaider the acta, decrees, and
orders, affecting neutral commerce, Isaued and enacted
by Great Britain and France, aa unjust and veiatious,
and equally calculated to liolite our neutral rightj and
national govereignty.

Uaolved, Thatwemoat cordially approie of the mco-
■uret which the Freaident of the United Sutea baa taken,
iu the spirit of moderation and equity, to obtain, both
ftom Greet Britain and France, a reparation of (he
wrongs committed against this country, and the repeal
of those obnoxious acta, decrees, and oidcra.

Raohtd, That, though the lawa laying an embargo
hBTe borne hard upon a great part of the oitiiena of the
United Statea, the Legislature of North Carolina con-
aider them aa the best meani wbich could ha*e been
doTiaed to preserve our ciliieiu and property &am the
derouring graap of the belligerent Powers.

Raolved, That, Ihongh the citizens of North Caro-
lina have felt their full ibare of tbe preaaure of these
hws, thej will cheerfully auguieace in their continuance,
■hould the competent authorities deem it expedient to
penerere in the measure, until a repeal can be obtained
of the unjust regulations which occasioned them ; or in
any other measure which Congress may deem nece*-
aar; for the maintenance of oQr neutral rights.

Ruolvtd, That, sooner than submit to unjust and
vexatious restrictions on our commerce ; to tbe impress-
ment of oar seamen; and to (he taxation of the cargoes
ofour vessels, at the pleasure of foreign nations; we
will live to ouraeUea, and have no connexion with any
of them.

Retohtd, That we value peace as one of the great-
eat bleaabgs whidi aoy nation can enjor ; yet, rather
than BurTonder our liberty and independence, we will
BUrround the standard of oar country, and risk oui lives
and fortunes in her defence.

Monday, January 3, 1809.

Mr. White, from the comniiltee (o wbom was
rererred (he bill, entitled " An act authorizing the
■ppoLatment and employment of an addidoniki
number of navy officera, Neamen, aad mariaes,^'
reported i( without amendment.

Ordered, Tbat the cousideralioa of this bill be
postponed.

Mr. Fhanklih, from the coumitlee to wbom

was referred Ihe bill, entitled " An act (□ coDtioua
in force, for a further time, tlie first EeclioD of tbe
act, entitled 'Ad act further to protect (he com-
merce and Eeamen of the United Slates agaipst
the Bdrbary Powera," reported ii without amend-

TitBSDAY, January 3.

Mr. Weiits presented the memorial of the sur-
viving ofUcers in the Delaware line of (he Rev-
olutionary nrmy, praying fur a remuneration of
losses susiaioed by the commulalion of lialf iwy.
for reasons mentliined in tlie memorial; nhicli
was read, and referred lo the commiiiee appoinied
on the 12tb December last, to consider and report

"P°^

and

de DD tbe

ResolTed. That the Secrelary of ilie Senate do
cause (0 be bound as many sets of (he documents
accompanying (he Messages of the Presideot of
the United States, of the twealy-second and thir-
tieth of March, oae (liousand eight hundred and
eight; and, also, of the documents accompany-
ing (he President's Message of the eighth of No-
vember, one thousand eight hundred and eight,
as shall be sufficient (u furnish each member of
the Senate with one copy, (o be delivered during
the present session.

A meesflije from the House of Representatives
■ iformed (he Seiia(e that the House have passed

1 bill, I

tilled "An ai:t(oau(bDr

ethe

documents, by (he mail, free of
postage," in which ihey request tbe concurrence
of the Senate. The House of Represeniatiiea
disagree to (he first amendment of the Senaie to
(he bill, entitled " An act Buthorizing the Presi-
deot to employ an additional number of revenue
cutlers i" and agree (o (he other amendment.

The bill last brought up fur concurrence was
read, and passed (o tbe secoed reading.

Tne'Senate proceeded to consider tneit amend-
ment to the bill, entitled " An act authorizing the
President lo employ an additional number of rev-
enue cutters," disagreed to by tbe House of Rep-
reaentatives; and, on motion, by Mr. Qileb,

Refolced, That they recede from (heir said
amendment.

The credentials of Jaheb Hillbouse, appoint-
ed a Senator by the Legislature of the State of

for s

img.

1 the

fourth day of March next, were read, and ordered

to lie

n&le.

Senate resumed, as in Committee of the
Whole, the bill, entitled "An act authorizing tbe
appointment and employment of an additional
number of navy officers, seamen, and marines ;"
and on motion, by Mr. Hill'bocbe, to amend the
first part of the first section, after the word "as-
sembled," in (he second line, to read ks follows:

"That there be fitted out, officered, taanned, and
employed, as sooD as may be, all the frigates and other
armed vegaels of the United States, atid gunboata ;
that the President of the United States be aathoriied

.yGoogIc

305

HISTORY OP CONGRESS

Jamdaby, 1809.

Senate.

and cMpowered to cmoM tha fiigalai and armed veauli,
•OHua mm thc^ can be preparsd for actual wrvicc, n-
■pKlivelj, lo b« ■tationed at lucli porta and places UD
lis leacOBsl aa he maj deem moat eipeilieal, or to
cniiae OD mnj part of tbe coast of the United BLitea,
or l*mlories Iheieof :"

Aod it was delernoiDed in the affitnaaiivc — je»a
21, uBfs 9, as follows:

Tiia — Mean. Bradley, Gaillard, Oilea, Gilman,
Goodrich. Gregg, Hillhoose, HoirlaDd, Lloyd, Mathetr-
aon, Milledge, Mitcbill, Moore. Parker, Pickering, Reed,
Rubinaon, Smilh of New York, Samler, Thruaton, and
White.

N Lva— >MeMTa. Anderaon, Condtt, Crawford. Frank-
lin, Kitchel. Pope, Smith of Tenneaaee, Tiffin, and
TnmtT. ,

And the bill having been furiher amended, <
the queiiioD. Shall it be read a third time
BBiended 7 it was delerminEd in the affirmative

The Senate resumed, aa in Cummittee of ihe
Whole, the bill, enliiled "An act to continue in
force for a further time the first seciion of the act,
entitled '' An act further to prcteci [he cjimiuerce
and seamen of the United Slates against the Bar-
bary Powers."

On miition, by Mr. Hillrouse, to reconimil
the bill, it was determined ia the negative.

Ordered, That it pass In a third reading.

The Senate resumed the motion, made on the
30ih of December last, that a committee heap-
pointed to inquire whether any and what provi-
sioDs ought to be made at (his time for the relief
of tick and disabled seamen of the United Stales]
sod, having agreed thereto, Messrs. Mitchili.,
Hillhoose, and Reed, were appointed the com-

OrmotioQ, br Mr. Giles,

Ordered, That the lelier of the Secretary of
the Navy lo ihe commiitee on the bill providing
for the arming, manning, and filling out for im-
mediate service, all the public ships of war, be
pTrulfd for the use of the Senate.

The bill, entitled '' An act authorizifig the pay-
ment of certain pensions by the Secteiary of War.
«t the seat of Government," was read the third
time, and passed.

Wednesdat, Janaary 4.
Mr. HtLLEftOG, from the cMnmitiee lo whom
was referred the ameadmeots of the House of
Representatives lo Ihe bill, eniitled, " An act sup-
plemental to an act, entitled ' An act for extend-
ing ihe terms of credit on revenue bonds in cer-
tain cases, and for other purposes," made report.
Whereupon,

Retolved, That the Senate do a^ee lo tbe
amendments' wiih an amendment.

Mr. MiTcaiLL, from the committee (o whom
was referred the bill, entitled "An act for the re-
lief of Augustin Serry," reported it amended;
and the House having agreed to the amendments,
the PaEsmeNT reported the bill accordingly.

Ordered, That ihis bill pass to the third read-
ing as amended.

Ur. Pope, from tbe commitlee to whom was

referred tbe memorial of the Marine Insurance
Company of Alexandria, asked and obtained leave
10. bring in a bill to authorize the Marine In-
Btiraoce Company of Alexaadria to alter their
style and firm, and lo insure against loss by fire ;
and the bill was read, and ordered to the second

The bill, entitled '' Ad act to aulhnrize the traos*
mJssioD of certain documenLs, by the mail, free of
postage," was read the second time and consider-
ed as in Committee of the Whole ; and, on motion
by Mr. Llovd to commit the bill, ii was deter-
mined in tbe ne?ati^ve ; and tbe President haf lag-
reported the bill to the House amended, on mo-
tion, by Mr. MiLLGnoB, Ihe furiher consideration
of the bill was postponed to the first Monday in

Mr. Tiffin, from the committee, reported the
amendments to ihe bill, entitled '-An act auihor-
izing the appointment and employment of an ad-
ditional number of navy officers, seamen, and
marines," eorreclly engrossed; and the hill was
read the third lime aa amended. And the title
having heen also amended, the bill was passed
with amendments.

The bill, entitled " An act to continue in force
fur a furiher lime the first section of ihe act, en-
titled 'An act further to protect the commerce
andieamen of the United Stales against theBar-
bary Powers," was read the third time, and passed.

On motinn, the bill was reconsidered and amend-
ed, by unanimous coasenii and the liile having
been amended,

Beiolved, That Ihis bill pass with amendments.

Mr. Rbbd commnnicBted the resolution of tha
Legislaiure of the State of Maryland, disajiprOT-
ing of the alteration proposed tO ihe ConsIitutioD
of the United States, by a resolution of the Gen-
eral Assembly of the State of Virginia, so as '' to
render Ihe Senators in Congress of the United
States removable from office by the vote of a
majority of the whole number of the members of
the respective. State Legislatures by which tbe
said Senators have been or may be appointed;"
which was read, and ordered to lie on the table.

Mr. Lloyu submitted the following moiion.

Raolvtd, That Preaident of tha United State* be re-
qnested to cause to be laid befoni the Senate all the oA-
cial aa weil'u intbrmsl corrsapondence between Mr.
Roie, the iate British Minister tn the United Bute*, and
the Secretary of State, or any other officer of this Got-

amant, which haa not Blresdy been commimLcat^

CoogrsH.

' THDRSDAr, January 5.
Mr. Oreoq from ihe committee lo whom was
committed the bill making a further appropti-
ion towards completing tbe two wings of Ihe
Capitol al the City of Washington, and for other
purposes, repotted the bill withoul Hmendment.
The Senate proceeded to consider the hill as in
ummittee of the Whole. A motion was made.
' Mr. Reed, to strike out the words, " carrying
) in solid work, and repairing the west side oT
e north wing, ptoviding permanent accommo-

.yGooglc

HISTORY OF CONGRESS.

JlNUlRT, 1809.

datioDB for the librerj';" and on the quralion to
agree to Ihe fitriking oat of iheie word^, \i wan
detprmined in tbe affirmatire — yeaa 30, nays 10,
at follows:

Y«i« — McBsrs. Anderooti, Bridlcj, Cr>.wfbrd, Frank-
Uii, Gilman, GooilHc^h, Hillhoaie, Howland, Kitchcl,
Lloyd, Malhcwion, Mitchill, Moore, Parker, Pickering,
Reed, Robin«on, Bumlcr. Tiffin, and Turner.

NiT«— McBsn. Condit, Oaillard, Oilai, Oregg, Mil-
ledge, Pope, Smith of New York, Smith of TenneiMa,
Tlinuton, and White.

And thePRBSiDEHTrepOTted [he bill tolhe House
amended.

On motion of Mr. Tkroston the bill wasfuriher
amended, by ioterting, anerlhe Word " staircase,"
the words, ''and proTiding temporary and ade-
quate accomTnodaiians for thelibrarf, in the room
now used fbr that purpoiie, and in tbe one in
which the Senate now sii."

On motion, hy Mr. Rsen, to strike out from the
clause "for improTBraenta and repairs of the
President's House and square, including a car-
riage house," the words, " and sqnare :" it was de-
termioed in tbe negati7«— yeas 15, nays 14, as fol-

Yiia — Mesan. Anderson, Ciawfoid, Franklin, Gil-
man, Goodrich, HiUbouie.HowUnd, Lloyd, MaChewaon,
Moore, Parker, PiFkorine, Kced, Bumtec, and TnrnsT.

Niia— Muan. Bradley, Condit. Gaillard, Gilea,
Oisgg, Kitchell, Milladge, Mitchill, Pope, Robbaon,
Smith of New York, Smith of TanuMiiee, ThrusU>n,
Tiffin, and While.

Oq motion, by Mr. Trrchton, the clause for
finlshiDg the road on the south side of the Presi-
dent's square, and gravelliog the same, with a
bridge across the Tiber, oa the north side of Peao-
sylvaoia avenue, to accommodate foot paesengers,

thousand dollars," was amended, by inserlitig

the words ''of stons and brick," after the word
" bridge ;" and on motion, by Mr. Reed, to atrike
out the whole claUae as amended, il was deter-
mined in tbe affirmatire — yeas 16, nays 14, aa
follows :

Yais — Meaara-Andemn, Crawford, Franklin, Good-
rich, Hillhoaae, Howland, Kitchell, Lloyd, Methewaon,
Moon Parker, Reed, Sumter, Tiffin, and Torner.

Nats — Means. Bradley, Condit, Gailltid, Gilea,
Oilman, Gregg, Milledge, Mitchill, Pope, RoluDaon,
Smith of New York, Smith of Tenneaaee, Thrnaton,
and White.

On the question, Shall this bill be engrossed
and read a third lime as amended? il was de-
termined in tbe affirmative.

The bill to authorize tbe Marine InsurBoce
Company of Alexandria to alter their style and
firm, and to insure against loss by fire, was read
the second time, and considered as in Commiltee
of the Whole ; and the President baring reported
the bill to the House withoulameod'raent, on the
question. Shall this bill be engrossed and read a
third time? it was determined in the affirmative.

Mr. Tiffin, from the committee, reported the
amendment to the bill, entitled "An act for the
relief of Augustio Serry," correctly CDgrossed ;
and the bill was read the third time as amended,
and passed.

Mr. White, from the committee to whom was
referred the bill entitled ''An act authorizing the
proprietors of squares and lots in the City of
Washington to have tbe lame subdivided and ad-
mitted to record," reported it without amendment.
' Ordered, That this bill pass to a third reading.

The following Message was received from the
Presjdent or the United States :

I oommunicate, for the information of Congreas, th«
report of the Director of the Mint, of the opentioiia of
that cataliliabmeikt during the last year.

TH. JEFFERSON.

jAniTAai 5, 1809.

Friday, January 6.
Rbthbk Jonatbah Meiob, Jun., appointed a
the St;

;y occasioned by the
nation of John Smith, and, also, far six years
ensuing the third day of March next, attended,
and prodaccd his credenlialE, which were read ;
and the oath prescribed by law was administered
to him.

A message from the House of Representatives
iaformed tbe Senate that the House have passed
the bill, entitled "An act to enforce and make
more effectual ao act, entitled 'An act laying an
embargo on all ships and vessels in the porta and
harbors of the United Stales, and the several acts
supplementary thereto," with amendment*, in
which they request the concurrence of the Senate.

The amendments were read, and ordered to lie
for consideration.

Mr. Tiffin, from the committee, reported the
bill making fuither ^ippropriafion towards com-
pleting the two wings of tlie Capiitit at the City
of Washington, and for other purposes ; also, tbe
bill to authorize the Marine Insurance Company
of Alexandria to atler their style and firm, and to
insure against loss by fire, correctly engrossed.
'. Giles presented the petition m Richard

stationed at Harper'n Ferry, and otherwise, KUd
praying immediate and adequate redress ; and the
netition was read, and referred to Messrs. Giles,
and MiTcHiLi^ to consider and report

I now lay before Congreaa a statement of ^ wofk>
□f defence which it haa been thought neceaaaiy ta pro-
vide in the firit iaalancs tor the aecurity of our eeaport
towns and harbors, and of the prograsa towards theit
completion. Their extent baa been adapted to the
scale of the appropriation, and to the circumalaDcea of
the Mveral placea.

The wotki undertaken at New York ate calculated
to annoy and endanger any naval force which ahaJI

.yGoogIc

HISTORY OP CONGRESS.

JixoiKT, 1809.

Enforeeinml <^lke Embargo.

Senatb.

enter the harbor, mnd itill niare,oae vtbieh ibould at-
templ to lie before the city. To priveut altogether the
toUaace of large Teasels, a line of blocki acres* the
harbor has been contemplated, and would, aa is be-
licTcd, with the aaiiliar; meuis already provided, render
that city safe agBlnst ditsI enterprise. The eipenee,
ai well BB the importance of the work, render it a sub-
ject proper for the sppcisl caosi deration of Congress.

At ^ew Orleans, two separate sjstvas of defence
srt necesBBij, the one for the river, the other for the
lake, which at present can give no aid to one another.
Tbo canal now leading from the lake if continued into
the liTei, would enable the armed Tessels in both sta-
tknu to imite, and to meet in conjunction an attai^
[ram either side. Half the aggregate force would then
haie the same eflect as the whole ; or the same force
double the effect of whst either can now haie. It
would also enable tha Tassels staboned in the lake,
whan attacked by superior force, to retire to a safer posi-
■ion iu the river. The same conaideratiDns of expense
and importance render this also a queitian lor the spe-
cial decision of CoDaresa.

TH. JEFFERSON.
JixcxKi: 6. 1809.

AecompanyiD; the message ia ■ detailMl report
of iheSecrelBry of War, which thowslbat macb
Iws been done during the past yeir towards the
deleacB of oar pons and harbors.

Tlt« followiDg are the sums expended in the
levetvl States :

New Orlcaos 880,373

Georgia. South aod North Carolma • 301.289
Virginia and Maryland - - - 111,432
Delaware. Pei]U3rlvaaiB,and N. Jeney 5,000

New York 379,133

CoDaecticut and Rhode Island - - ll.CXK)
Mauaehuieits and New Hampshire - 223,475

The Message and Report were referred - to
Messrs. GiLEB, Mitchili^ Schteb, Ahdersoh

aod MlLLEDOE.

The bill making further appropriatioti toward:
eoiDpletiDg the two wings ol the Capitol at the

City of Washiogton, and for other purposes,

read the thinl time, and passed.

The bill to authorize the Marine Insurance
Compaoy of Alexandria to alter their style and
firm, ind lo' insnre againit loss by Gre, was read
tbe Ibitd time, and passed.

The bill entitled "An act aulhorizing the pto-
priclors of squares and lots in the City of Wash-
iDgfton to have the same subdivided and admitted
to record," was read the third litne, and passed.

Tbe Senate resumed the consideration of the
motion made on the 4ih instant :

"That tbe President of the United States be re-
quested to cause to be laid before the Senate all lbs of-
fleial ai well aa informal correspan dance between Mr.
Reae, the late British Minister to tbe United States,
and tbo Secretary of Btate, or any other officer of the
Oorenmieat, which hasnotalready been communicated

And a motion was made, by Mr. Pickebiho, to
insert Ihe foUowiog as a preamble to the reaolu-

" It haTing been atstcd to the Senste, by ■ member
in his plare. that besides the ibrmnl ncgolistioni viith
Ihe British OoTemment, relatiTe to the attack made on
tbe United Blates' (Hgate Chesapeske, exhibited in the
documents communicated to Congress during their
last seaaion, by Ihe President of the Unjted States,
there had been certain informal overturea upon the
same subject, between the British Minialer, Mr. Boea,
some parson authorised by bim> and some pet-
or persons on the part of <fur Government, which
rtures and their result ought, according to the oinn*
expressed by the said member, to be made known
to the people of the United States."
And on motion, by Mr. PicsERtNO, to amend
le said preamble, by inserting, after tbe word
place," the.words'' (hat be bad reasoniobelierc;"
: was determined in the o^gatire. And, on the
question to ^ree to tbe preamble, it was deter-
mined in the negative — yeas S, Dayi24, «s fol-

YiAa — Messrs. Ooodrieb, Hillhouaa, Llc^d, Pieher-
ing, and White.

NtTs — Mcfsra. Anderson, Bradley, C<indit, Craw-
ford, Franklin, Gaillard, Qiles, Oilman, Gregg, Kitehel,
Mathewson, Meigs, Milledge, Moore, Parker, Pope,
Reed, Robinson, Smith of Now York, Smith of Tenes-
see, Sumter, Thrualon, Tiffin, and Turner.

And, on the question lo agree lo the original
moiioo, it was determined in tbe negative — yeas
7, nays 2S, as follows :

Yiis — Messrs. Gilmtn, Goodrich, Uillhouae, Lloyd,
Pickering, Reed, and WhHe.

Nxis — Messrs. Anderson, Bradley, Condit, Craw-
ford, FratikUn, Gaillsnl, Giles, Gregg, Kitchel, Malh-
ewsou, Meigs, Milledge, Moore, Farker, Pope, Robin-
son, l^ith of New York, Smith of Tennessee, Sumter,
ThniBUin, Tiffin, and Turner.

On motion, by Mr. White, that tbe bill, entitled
'■Aa act to enforce a^d make more effectual aa
act, entitled 'An act laying an embargo on all
shi^and vessels in the ports and harbors of tbe
United Slates, and the several acts supplementary
thereto," be prinled for the use of tbe Senate, it
was detetraiaed in tbe negative.

Mr. THRuaTo:f reporied from tbe committee,
that they had this day laid before ibe President
of the United Stales the enrolled biU, entitled
''An act authorizing tbe President of the United
States to employ an additional number of reve-
nue cutterf;" also, tbe enrolled bill, entitled 'j'Ab
act aathorizing tbe payment of certain pensions
by the Secretary of War, at the seat of Goveiii-

S&TORDAT, January 7.
ENFaRCmQ THE EMBARGO.
Tbe Senate proceeded to consider the amend-
ments of tbeHouseof Repreaentativei to the bill,
entitled "An act to enforce and make more effec-
tual an act, entitled 'An act laying an embargo
DO all ships and vessels in tbe ports and harbora
of the United States,' and tbe several acts supple-
mentary thereto;" and agreed to several amead-

Oa motiooj by Mr. Li^td, to amend tbe amend-

.yGooglc

HISTORY OF CONGRESS.

Senatb.

Ei^oreemetU (ftke Embargo.

J&HDARY, 1

meot (o seveati) leciion, aTier the word defend-
anl, hy inseriiag the words " provided it be prac-
licable lu proi^uce ihem, of which priciicibilii*
the court before whom ihe cbusfU pending shall
judgt^ nnd deiermine:" it was determined in the
negaiive— yeas 10, nays 80, a« follows :

Yaii— Me»n. GiroiftD, Goodrich, UitlhouH; Llojd,
MB(h«wHD, Parker, Picketing, Reed, Sumter end
White.

NtT(— McHn. Anderaon, Bradley, Gondii, Cnw-
ford. Prmnklin. GaUlard, Gi]«. Gregg, Howlind, Kitch-
el, Meigs, Milledge, Moore, Pope, Robinson, Smith of
New York, Smith of Tenneuee, Thnislon, Tiffin, and
Tarner.

On motion, by Mr. Hillhodse, to amend the
second amendment to the lenih section, after the
word " court," by inseriion of these words : '■ pro-
vided nothing herein contained shall be cunstrued
to deprive the party aggrieved of his right of
trial according to the rules of common law, as
practised in the State where the parties reside,"
It was determined in ihe negative — yeas 7, nays
23, as follows :

Till— Menn. Oilman, Qoodilch, HUlhouse, Lloyd,
Pickering, Reed, and White.

Nits — Messrs. Anderson, Bradley, Condit, Craw-
fbid, Piaaklin, Giillard, Giles, Gregg, Howland, Kitch-
el, Mathewion, Msi^, Milledge, Milchill, Moore, Pope,
Robinson, Smith of New York, Smith of Tennessee,
Snmtsr, Thruston, Tiffin, and Turner.

On motion to concur in the amendment, as fol-
lows: after the word *' defence," at theetid of the
■ection, add :

"And any person iggrisTed by the acts of any col-
lector, in either of the cases aforesaid, m^y file his pe-
tition before the district conrt of the district wherein
the collector resides, stating the facts of his case, and,
theraupon, after due notice given to the diitiict attor-
ney and the collector, the said court may sumaaiily
hear and adjudge thereupon as law and justice may
require, and the judgment of the said court, and the
reaaon and facts whereon it is grounded, shail be filed
among Uie records of said court j and if re
the property detained or taken in custody,
aion to toad as aforesaid shall be decreed,
upon the parties giving such bond with sureties, as is
ar shall be required to be taken in similar cases by the
collector, and not otherwise ; but, if the said court shall
adjudge Bgainit such petition, the collector shall be en-
titled to treble coats, which shall be taxed for him, and
execution awarded accordingly by the court."

It was determined in the affirmative— yeas 23,
nays 7, a> follows :

Yiis.— Messrs. Anderson, Bradley, Condit, Craw-
ford, Franklin, GaiUaid, Gilea, Gregg, Howland, Kilch-
el, Mathewion, Meiga, Milledge, Mitchill, Moore, Pope,
Robinson, Smith of New York, Smith of Tennessee,
Sumter, Thnulon, Tiffin, and Turner.

Nats— MeasTB. Gilman, Ooodrich, Hmhonae.Llovd
nckering, Reed, and White.

On motion, by Mr. White, to postpone the fur-
ther consideration of the bill and the amendilients
to the first Monday in November nezi, it was <
t«rmined in the negative— yeae 7, Day< 33,
follows :

Taxa — Meaara. Gilman, Goodrich, Hillhonae, Lloyd,
Fldteting, Beed, and White.

NiTs — Mesan. Anderaon, Bradley, Condit, Frank-
lin, Gail lard, Giles, Gregg. Howland, Kitchel, Matthew-
son, Meiga, Milledge, Mitchill, Moore, Pope, Robinson,
Smith of New York, Smith of Tenneasee, Sumter,
Thmslon, Tiffin, and Torner.

Mr. Reed moved to strike out "Secretary of
the Treasury." in the 13ih section, for ihepurpose
of inserting '-'President of the United States."
He supported the motion with a few pertioeDt
remarks, which were not replied to.

When the vote was about to be laken, Mr.
'hite rose, and observed —
Mr. President, I have do hope of the present
□endmenl succeeding, and, indeed, I distinctly
^rceive it is nut the iniention of the majority to
iry the bill in any respect from the form io which
is now presented to us. In this, sir, perhaps,
they may be right, for I view the bill myself as so
vitally poisonous, so radicaDy corropt, that t do
not believe it is amendable. It is under this sol-
emn impression, I confess, more from a sense of
duty than a hope of success, that 1 now arise to
make one other last eflbri to ward off, if possible,
ibis bold and deadly oharge upon the Constitution
and liberties of this country. For the purpose,
therefore, of obtaining another vote of the Senate
upon the bill itself, as well as the amendments, 1
now move you, that the further consideration of
the subject oe postponed till the Grst Monday in
I. I thank God that it is at least
accorded to one branch of the Legislature to pass
upon this bill in the day time, and to this I muii
Rtiribuie the sudden dumbness that seems to have
fallen tipon its advocates here — their refusal, not
only to discuss, but their evident reluctance efen
to near any discussion on this subject.

Upon the motion which I have submitted, 1
consider the bill, as well as the amendments from
the other House, open to debate. It was not, how-
ever, with this view that 1 made the motion. I
have DO wish to talk for the sake of being heard,
or to occupy the time of the Senate without, a(
least, the hope of attaining some object. 1 had not
intended to have said a word on this sobjecl, nor
will 1 now enter upon the merits of the btll. Mj
objections lay to every part of it. Yet, sir, I could
not have patience to examine the minute details
of a measure in the prominent points of which I
see, concealed, a blow directed at the vital partu
of everything dear to a freeman. Pisx this bill,
and the liberties of your country are prostrated.
The civil authority is subjected to Ihe military.
Not only the property, but the personal liberty,
nay, the life of every man in the community, in
at the mercy of the Executive; and, what ia
worse, at the mercy of any instrument he may
authorize to oil out the military, under the pre-
tence of executing the embargo laws. I ^ee, in
this bill, several palpable and glaring violations
of the Constitution of the United States, which
lam sworn to support. I consider it as laying
the whole country under military law — as notb-
' )g less than a declaration of war, on tbe part of

theOo'

OS. And

has it come to this, aht For the purpose of eze-
cttling Ihe embargo, are we ready to tacrifiea, or.

.yGoogIc

mSTORY OP CONGRESS.

314

tA By, 1809.

EnfareeiaerU of the Embargo.

nt least, lo bszard,eTerythfag3ear aail yalunblel
Ln me beg genileineti, once more, to read the
elereoib seciion of this bill. Il enaci*, that—

" It aball be lawful for ibe Prciidenc of the UniteJ
Btalps, or luch other penon u he shiJI hate empow-
ered for that purpoie, to employ lucb part of the land
or naiel foic«>, or militia of the United State*, or of
the Territoriea thereof, u may be judged necesury, io
conformity with the protjiions of thli, and other acti
respecting the embargo, for the porpose of prevenling
the illegal depaitQTB of any ihip orveuel, or of detain-
ing, taking poiaeHion of, and keeping in cUBtotlj, any
ship or vessel, or, of taking into euatody and guarding,
any apocie, or article* of domestic growth, prodnce, or
manufacture ; and, also, for the pnrpoae of preventing
and Buppteuing any armed or noloua auemblage of
persons reaisting the euotom'bouae officers in the eiar-
ciso of their duties, or in any manner appoiiDg the
execution of the laws laifiog an emtiargo, or otherwise
fiolating, or asaiiting and ahelting Tiolatioo* of the

i am aware, sir, that il may beiaid we Jiave, in
our statute books, a precedeot Tor diiiseciioD, and
that the (irth section, I think, (for 1 hnTe dd book
before me,) of a law furihvr (o preserve peace
within the pons and barburs or the Uaiied State:',
may be rei^orted to in jusiiScntiun of il. Bui, it
is a precedent only ia verbiage. The cases are
essentially difltrejil. The aulhorily there giren
to the Pre&ideot, was for the purpose of preserr-
JDg peace witliin our owd waters, and could be
eieri;jsed only a^lnsi an oQendiog vessel of war
of a foreign nalioD. Is ibat the present ease?
U il like it 1 No. sit. By this section, you del-
egate to llie President, and to bis irresponsible
agents, uocoDlrolled aulhoriiy over all the naval
and milil;! ry forces of the Dulled Si^.lea now in
Kerviceanil about Io beroised ; not, give me leave
to say, for the purpose of preserving peace — not
lobe exercised against a foreiga enemy, but, to
be turned sgainsi the bosonii of your own citi-
zens. Will freemen submit 10 ikis f Let me
admit that ibe act will not be executed in this
way — that eyen ibis Inordinate and Jatigeroua
power may be safely confided to our present Bx-
rcalive — yet, I shudder at Ibe precedenl. ]l ii in
the dayii of polilical catma, and of blind codG-
dence in a favorite, tint we are in danfer of es-
tablishing precedents ibat, in more stormy tiiD^a,
may be resorted lo by ambitious aod desperate
toen, Io subvert Ibe Conetitutioa and liberties of
our country. And I contend, sir, ibat, whenever
your Executive chair shall beQiled by a bold and
ambitious man, aupporled by a blind and domi-
nant party in the two Hou^^es of Congress, and
such a man shall wish lo play the tyrant, if he
first procures a sufiicicot army 10 be provided,
under any pretences, and can ilieu get deleg'iied
to him, by Congress, the powers given iu this
eleventh section of the bill, bis objecl is accom-
plished. Your CoDsiiiuiiuD aod your liberties
are at an end. He will emablish a southern, a
western, an eastern, or any other dynasty he

C leases, in this connlry. Anil ihi* bill will then
e shown to Congress, They will then be lolil
that no danger is to be apprehended from such a
paiti of power to a Presideot, because aimilar

Eowers had heretofore been given and no injury
ad resulted to liie country.
1 arose, sir, with a promise not to occupy the
time of the Senate, and it was iben, indeed, my
only object to move a postponement of the bill.
I have, iherefure, already said much more than I
inlended ; but, while I am up. I must be permitted
to notice for a moment Iho thirteenth section,
wliich is not an original part of the bill, but baa
been sent lo us by ihe House of RepresentatiTes.
This section authorizes ttie hiring of thirty ves-
sels, not exceeding an hundred and .thirty tons
each, lobe armed and equipped for sea, for Ihe
purpose of executing the embargo laws. Sir, the
maa must be blind who cannot see through this.
It savors so strongly of the source from whence
it came that il is impossible to mistake it for a
moment. It has the very fish-oil about it. It ia
a Marblehead trick. This is a rider lo the famous
Marblehead. patriotic rosululions, read lo us some
days since by the genllt'man from Virginia. (Mr.
QiLES.) These Marblehead palrlois, not being
permitied. during the embargo, lo export iheir
fi^h, for the waul of some other capital, are about
lo commence trade upon iheir patfiolism, and
have sent thai lo market. It seems they not only
approve of the embargo, but, with much patriotic
modeaiy, recommend to ibe GovernmeDI lo hire
ibetn and their hundred-and-lhirly-tun vessels to
execute it. It is noi impossible that this thir-
ideied and approved of by
adopted the refoluliona,
aGovernmental premium
Hire the.se Marblehead
elH, and tell one of them
til victual his vessel for a three, or six montlis'
cruise upon our coast, aod to go to sea ; my word
for il, Ihe next news you have of your patriot, be
is in the West Indies, exchanging the pork and
flour of the United Slates for cofilee and sugar
for himself. This was the object of the resolu-
liens. This is ihe concealed obicci of Ibe sec-
lion. Il is inlended to disgrace the Government
by making il an accessary lo the violation of ila
own laws. Bui, sir, I have another objection to
Ibis section. These thirty vessels, in addition to
ibe twelve revenue cuiierawe have lately pro-
vided, and those now in service, will place under
the exclusive direeiion, noi of ihc President of the
United Slates, bul of a subordioele ofiicer, iha
Secretary of ttie Treasury, more ihan fifty Tea-
sels of war. A larger number than lias ever been
intrusted lo ihe control of ibe Government itself.
And who are 10 appoint these officers 7 The Pres-
ident and this Senate? No, sir', Ihe Secretary of
Ihe Treasury. He is to be the Murblehead Pres-
ident. We all know how diffiuull it is lo restrain
even ihe young ofltcers commanding our gunboats,
selected and appointed as they are by the Presi-
dent and Senate, from commitlini; acts of vio-
lence and outrage upon our citizens. And what
control do you expect the Secretary of the Treas-
ury will be able to assume over these Marblehead
marauders if once they are turned loose upon the

little coasiintf ei ' '"

citizenal °- '

leenih section was cons:
the same meeiing that
and is now inlended as
to buy patriots with.

r, I had tather see lo many French

.yGoogle

316

HISTORY OF CONGRESS.

316

Enforeemeat of the Embargo.

or Briiiih piearooas upon tbe coaat, beCHuae they
would not be permtited lo rob with jmpunicf.
. Mr. H[i.Laou9E.— I ihall not trespass od the
patience of the Senate by repeating any argu-
ments Hlready subraiiled to their conxidefation.
Bat it will be reroeiabered that the debate od
paasio^ the bili sa it went from the Senate, was

Crotracted to a late hour, when both speakers and
earers were much fatigued, and it became im-
poeeible lo consider erery point. I will therefore
now lake the liberty of noticing the precedents
apoa which the gentteman from Virginia (Mr,
Oileb) so confidently relies (o justify the pnnci'
pies of this bill.

The first is^ that clause io one of ih^ embargo
acts which gires to the President of the United
Stales a di&i;retiuDary power lo suspend the era-
* ' ' 'i part," which was indeed

ilry in war. The geniletftan oughi fui
tber to have stated, that it was opposed at the
time on that ground, and that the Totes of getiile-
men opposed to Ibis bill are recorded on the
journals against it. Who gave to the Etecittive
that extraordinary power 1 It was the like orer-
whelming majority that laid the embargo, and
would now enforce it by the arbitrary prurisions
eoniained in this bill. It is iodised extraordinary,
that to justify an arbitrary and UQwarraDiable
grant of power, gentlemen sbonld t|uoIe a prece-
dent, of a like nature, of their own making.

An act of March 3d, 1807, authorizing the
President of the United States to use tQiliiaty
force to remore from public lands, persons' at-
tempting to make aetilements thereon, la alio re-
lied on to justify the principles of this bill; but
the geatteman from Virginia will Snd by the
Jouinais of the Senate, that an act making provi-
sion for carrying into execution an Indian treaty,
was, at a previous aessitin rejected, because it fon-
taioed a like arbitrary and unwarrantable prori-
■ion. The act, as slated by that gentleman, was
afterwards passed ; not. however, without a stren-
uous opposition — the votrs were 17 to 15, as ap-
pears by the yeas and nays.* My vote was
against that act, as [ hope it will be against every
act containing like arbitrary and oppressive provis-
ions. The gentlemen from Virginia' advocated
and voted for that act, as he has done for others
containing grants of extraordinary power to tbe
Executive. Formerly that gentleman's voice
was one of the loudest, and I think I have heard
none louder, in proclaiming his love and adoration
for the people; but now thai he is got into the
■addle, he, like many others who have acquired

■On the qaestion, Shall the bill pai> 1 it was detei^
nined in the affirmative, yea* 17, nays 16.

Till — Measra. Baldwin, Bradley, Cundit, Fanner,
GaUIanl, Giles, Howland, Kitche], Maday, Milledge,
Mitchill, Moore, Plumer, Smith of Maryland, Smith of
New York, Smith of TeanesBee, and Tomer.

Naib — Messrs. Adams, Bayard, Cby, Gilman, Hill-
bouse, IiOgaQ, Pickering, Becd, Smith of Ohio, Smitb
of Verouiiit, Stone, Thruston, Tracy, Whita, and
WwthingloD.

nay, is for riding on the iieclu
or exercising power in an er-

e the law of March 31, 1805,
and a law containing a like provision, passed
' 4lh, 1794. As the gentleman from Virgin"

dent, froi

o attach some importance to his prece-
umstance of my having ia
. 'd fur them, I do not hesitate
to declare that 1 voted for the law of 1805, and it
is probable I did also for that of 1794 ; as 1 could
hare no objection lo a law which woa oeceasarf
' preserve peace,Bnd prevent insults to ourGov-
nmeni, or the violation of the laws within oar
ports and harbors, and on' waters within our ja-
isdiction, by foreign armed ships, or vesxeU St-
ing out with hostile views agaiost any Power
villi which we were in amity. The military
brce authorized bv lbos« laws would in no ia-
lance be employed on the land, and against our
iwn citizens, except to prevent the carrying
la a tniljiary eipedition or enterprise against
uch foreiga Power. So cautious were the ad-
ninistrators of the Qeneral Qovernraent of csU-
ng in the aid of the miliiary to enforce the laws,
hiilno exprcis power was given to the President
of the United States by any act of Congress, lo
iploy any pan of the standing army or naval
ce, until, under the present Administration, (he
V mentioned by the gentleman from Virginia,
of March 3d, 1807, in my opinion a very proper
law, was passed, giving the President the power,
in all cases where he might call forth the militia
for the purpose of suppressing insurrections, or
of causing the laws to be executed, to employ for
the same purpone^such purl of the land and na-
val force of the United States, as he may judge
necessary, "having first observed all the prere-
quiaites of the law in thai respect." In ihe iwo
last lines of this law area few words of great
significance and import — "having first observed
Ihe prerequisites of the law." The miliiary ii
not to take Ihe lead, as in the present bill, bul ia
ito come in aid of, and be subordinate to Ihe
civil power. Thai it may appear on our Jour-
nals that DO effort consistent wiih the rules of
the Senate has been omitted lo prevent the pas-
sage of ihis fatal bill, I am glad ihe gentleman
from Delaware, (Mr. White,) has brought for-
ward bis motion Cor a postponement of the bill lo
the fir^l Monday of December next. Theamend-
menis from the House of Representatives havs
not in Ihe least reconciled me to ibe bill— one
only is of any value. .That offered to ibe seVentb
aeciion is a mockery of jusiice, an insult to the
underatandingsof tbe American people. By the
original bill, as it passed the Senate, "neither
' capmre, distress, nor any other aciideni what-
' ever, shall be pleaded or given in evidence."
The amendment proposes lo add:

" Unless BDch captaie ahall be eipraealj proved to
have been boalile, and such dtstreae or accident eoca-
aionad by no negligence or devLation ; noi ualeea auch
vessel absll hive been, from the commencement of tli*
voyage, wholly navigated bj a master, mate or matea,
" whom ahall b« dtiieiu of the

.yGoogIc

317

HISTORY OF CONGRESS.

jAHOiav, 1809.

Enforeemenl of the Embargo.

Sehatb.

Unhed Sulea ; nor nnI«M lach mile or m
■nd new, ihall all, if living, uiil theproof of tbeir death
■hall lie on the defeadiiDt, be piaduced on the trial.
tnd ■Horn as competent wtloeBaee ; nor unless such
muter, mate or matee, marineni and crew, sbalt have
signed ■ ahipping paper in due form of law, and a copy
thereof, deaignatingapeciatl? the moater, mate or mateo,
marineis and craw, and their permanent places of res-
idence, shall have been lodged nith the collector of
Ibe port, to vrhom the bond aforesaid aball have been
giien before the commeaceineDt of the Tojage ; and
•obaciibed and iwoni to by the maiter before such col-
lector; and anj master who shall falseW, niUiillyj and
Dorraptlj swear aa to the facta contained in snch cop;,
ilull, on coDiictioo, safier the pains and penalties of
perjnij."

The impracticability and alKurdiiy of this
atnendmeat will be best exemplified by a plain
case. A ressel bound from Balumore to Charles-
ton. Soulb Carolina, say the regular packet, lakes
an board flour and other articles, 10 the Talue.
iacluding vesxel, of twenty thouKsnd dollars, anil
tweoiy members of Congress, who must be pre-
sumed to be men of ebaraeter. On the passage, ia
B storm, to save the resael, and the lives of the
|>a$:^enger!, part of the cargo is thrown oTcrboard.
On the arrival at Charleston every remaining
article is fairly landed, and a certificate obiatned,
-which with ihe testimony of those twenty mem-
bers, to prove that every article not contained io
the certificate was in fact ihrown ii)To the sea,
are oETered to exonerate the bondsmen from the
penalty of the bond, which cannot be less than
one hundred aod twenty ihousnad dollars. By
tbisainendment the evidence cannot be admitted;
bat judgment must be rendered fur the whole
nmount of the bond ; unless among other condi-
tions, difficult and embarrassing, "the mate or
' males, mariners and crew, shairnU, If living, and
' the proof of their deaths shall he on the defend-
' ant, be produced on the trial, and sworn as com-
■ peienl witnesses." It is hardly a supposeable
case, that the bondsmen residing in Balrimore,
where the auit mu9l be commenced, should after
the lapse of two months, before which no suit
can be brought, be able to bring from Charleston,
and to court, toe mate or mates, and every one
of the mariners and crew : some one any have
been taken out on the paisage by an armed vessel
of a foreign nation ; or after the arrival at Charles-
ton, it would be marveltous indeed, if Mxac one
or more of the crew bad not within two ictonths
■hipped on board some other vessel, and gooe to
parts unknown (o the bondsmen. In the bill
there is no provision to enable the master or
boodsmen to hold Ihe mate, mariners and crew
in custody until a trial can be had, they cannot
even summon them until a suit is commeaced.
In case of a hostile capture, most of the matiners
and crew would be carried away to a foreign
country, and it would be impossible for the bonds-
men to have them in court.

Having offered my sentiments on the various
amendraeDts from the House of B-epiesentativea,
Bad the amendments offered in the Senate to
ibose ameDdmenis as they were aeverally uadet

consideration, I. shall now close with a few re-
marks on the proposed new seclion for hiring
and employiog thirty vessels, not exceeding one
hundred and lliirty tons each, for enforcing the
laws of the United Stales on the seacoasi, And to
be employed under the direction of the Secretary
of the Treasury. The Constitution has placed
the military and naval force of the United Stales
under the direction of the President, who is to
** take care that the laws be faithfully executed."
This section places thirty armed vessels, a nava!
force of no small import, under the direction of
the Secretary of the Treasury, for enforcing the,
laws. Even the reveoueEiiUera,whichfrom the'
circumstance of their commanders being deemed
and by law declared to be officers of thecustoms,
fall under the direction of the Secretary of the
Treasury, under whose superintendence the law
has placed the collection of the revenue; even
those revenue cutters, when otherwise employed
than in the collection of the revenue, are not per-
mitted to remain under the direction of the Sec-
reury ; who of all the officers of Qovernment is
the moft improper to have the direction of the
military and oaval force to be emplaned in execut-
ing the embargo ; for to him alone is con6ded the
power of mitigating the rigor of the several acts,
and of remitting penalties and torfeilures. There
is a manifest impropriety in making the same
person both judge and executioner. The gentle-
man from Virginia, says we have heretofore re-
proached the Admiaislration with the want of
energy) and complained of ibem for relying oit
proclamations, paper resolaiions, and legislative
acts; and now that something is proposed that
has in it the appearance of energy, we are equal-
ly clamorous in heaping reproach upon them.
Sir, it is the inversion of the proper order of
things of which we complain. The Adminiatra^
tioo and Iheir friends have been making procla-
mations, paper resolutions, and legislative acts,
to be aimed at foreisn nations, against whom they
are unavailing; whereas, in regard to our own
citizens, aided by the marshal and posse com-
mitatus, they might be effectual. And to com-
plete the inversion, the same Administration and
their friends have unnecessarily, and in my ap-
prehension, wantonly directed against our own
citizens, the bayonet, the military and naval
force of our country, which might be efficient
against foreign aggresssions. It is for adopting
this atrange, this unaccountable policy we are
dissatisfied.

I have opposed the bill in every stage of its
progress, and used every eiertion in my power to
prevent its passage. I shall now only ask that
the question may be taken by yeas and naya, that
I may once more record my name on the jour-
nals against a measure, which, if acquiesced in,
may prove fatal to the liberties of my country.

The question was now taken on Mr. Reed's
amendment, and determined in the negative —
yeas 10, nays 30, as follows:

Ylas — Meurs. Gitman, Goodrich, Gregg, Hillhonse,

lAmd, Malhewson, Meigs, Piekeiing, Keed, and White.

Haks — Messn. Anderscm, Bradle;, Condit, Craw-

.yGooglc

HISTORY OF CONGRESS.

jANttART, 1809>

rmd, Franklin, OAJlliTd, QUm, Howland, Kilclul, Mil-
lodge, Mitchill, Moore, Pope, Roliinwn, South of New
York, Smith of T«nn«HeB, Snmiet, Tbnuton, TUSn,
Mid Turner.

On ihe quMlioD to ogree lo ihe amfodinent
proposing a new sertiot), as follow!! :

Sic. 13. And be U further maeied, Thit the Pnsi-
dent of the United Sutei be, and h> hereby i«, lUthor-
iied to hire, arm, and employ, thirty vetaela, not ox-
caeding in tonnage one hundred and diirty torn each,
belonging to citizen* of the United Statei, and *o many
■eamen aa riiail be neceuary to man the itme for im-
mediate aervico, in enforcing the lawa of the United
Slatea an Ihe aeacoaat thereof, and to diamiai the aame
from uirviee whenever he ahall deem the aame eipadt-
eat Provided, kowtter, That auch hiring, arming,
and employment, ahall not be for a term eiceeding one
year; and the said ahipi or veaa«la, when ao hired and
armed, shall be employed under the direetioi) of the
Secretary of the Trouury."

It was determiaed la the iffirmaiire — yeai 17,
atys 13, as follows :

YtiB — Meaara. Anderson, Bradley, Condit, Craw-
ford, Frankhn, Giles, Howland, Kilcbel, Millcdge,
Milchill, Moore, Pope, Robinson, Smith of New York,
Smith of Tenneaaee, Tiffin, and Turner.

Nats — Meaara. Uaiilard, Gilman, Goadricfa, Gregg,
Uillhouae, Lloyd, Mstbewson, Meiga, Pickering, Read,
Sumter, Thmalon, and While.

On the question to agree to the emendmeDl pro-
posing H Dew section, as follows :

Sic. H. And be H farther enacted. That the pow-
•ragi*en to the Fieaident of the United Stales, by the
■eventh tection of the aot of March tile twelfth, one
Ihouaand eight hundred and eight, to grant permiaaion
to citiiena haiing property of value in places wiL'
the jurisdiction of the United States, to despatch
aela for the same, shall henceforth cesae."

It was delermined in the affirmalive — yeas 26,
□ays 4, as follows:

Mesgr*. Anderson, Bradley, Condit, Crawford, Frank-
lin, Gaillard, Giles, Gilman, Gregg, Howland, Kitcfael,
MathewBon, Meiga, Milledge, Mitchill, Moorr, Pope,
Heed, liobinson, liimith of New York, Smith of Ten-
neaaee, Sumter, Thruaton, Tiffin, Turner, and White.

Niia—Measra. Goodrich, Hillhouse, Lloyd, and
Pickering.

So it was Retalved, That the Senate concur in
all (be amendnieats to the bill last meDiiODed.

MoNDAT, Janoary 9.

Mr. MiLLEDOE, from the committee to whom
was referred the petiiion of William Brown, laie
ao officer ia the ReTolulionary army, made re-
port. Wbereupon,

Retolvcd, That the petitioner have leave to
wiihdraw bis peiitioD.

TcESDAV, January 10.

Jahes a. Bayabd, from the Stale of Delaware,
attended.

Mr. Gii.EH presented the petition of (be Presi-
dent and Direclorsofihe Bank of Potomac, pray-
ing an SCI of incorporation, wiih such privilegea
(w maf appear reaaonable, to commenee and take

effect from and after the expiration of the term of
the charier of the Bank of the United States, for
rea!^ons mentioned in ih? peliiiun ; which was
read, and referred to (he Secreiary of (he Trea-
sury, (o consider and report thereou.

"the Presidbnt communicated ihe petition of
' Ebeitezer S. Plail, now of Phila.lelphia, staling hia
I serviccEi and sufferings during the RevoluiionarT'
I war ; and that, iu coDsideraliun llicreof, Congref^,
in August 1777, voted him one hundred guiofss,
wljich i<um he hath nerer received. Being now,
lo his old age, through miafonuoe reduced to in-
digent citcumsiaoces. he prays that Congress will
lafce hip case into consideration, and grant hinu
such relief as hi? services and suQeriiigs may have
merited ; and the pelilioa was read, and referred
to Messrs. MtLLEDOEjFBANKLiN, and BaADLBy.lo
consider and report thereon.

On toolioa by Mr. Giles, it was agreed that
two meiohers be added to the cummiitee on the
Message of the President of the United Slates, of
the 6(h iaalant,oa the subject of forliScaliuos ;
and Messrs. Luovd and Giluan were appointed.

Mr. Mitchill presented ibe petition of Ebeoezer
Stevens and others, merchants, ol'tbe city of New-
York, Elaiing, that they have imported from the
Bast Indies large quaoiiiies of articles not intend-
ed for home coasumptioo, and praying that pro-
vision may be made hy law, whereby the peti-
tioners may be permitted to re-export their afore-
siiid roctcbaoilise within a reasonable time after
the embargo shall he raised, wiih the benefit of
sucb drawoack as has been in such cases hereto-
fore allowed, for reasons meniioaed in the peti-
tion ; which wat read, and ordered to lie on (he
table.

Mr. SitiTH, of Maryland, from ibe committee
appointed on (be 11th of November last, asked
andobiaioed leave to bring in a billsupiilemeniary
to an act, entitled "Ad act more effectually (o
provide for the national defence, by eb(ablishiDAr
an ooiforro militia ihroughout (he Uoiied States;"
and the bill was read, and passed (o the second

WEDHEsOAr, January 11.
The hill supplementary to an act, entitled "An
act more effectually to provide for the oaiiooal
defence, by e-slablishiog an uniform militia
throughout ihe United .Stales," was read the sei:-
ond lime, and considered as in Comniitiee of the
Whole; aod the Pbbbioent reported it lo the
House amended.

On luotion, by Mr. Hillhouse, |o btrike out
the following words from (he second section of
he hill, "lo \fe painted and super^c^ibed with
luch motloor device as the President may direct ;"
t was determined in the affirmative— yeas 12,
nays 12. as follows:

Meaara. Bayard, Crawford, Franklin, Giloiau,
Goodrich, Hillhonac, Howland, Lloyd, Mathewaon,
Parher, Reed, and White,

Nats— Messrs. Anderaon, Bradley, Condit, Gaillard,
Gregg, Meigs, Milledge, Mitchill, Pope, Smith of Ma-
ryland, Sumtar, and Turner.

.yGoogIc

HISTORY OP CONORBSS.

■822

JlKDARY, 1609.

Sbnatb.

The Toies being equally diviJed, ibe Presii
determined the que>iiDn ia the atHrmalive.
the questioa, Shall this bill be engro^ed *ail
a third lime as amended? it was determine
the affirraaiire.

A message frmn the House of ReFimeDtatives
informed the Senme that the House have passed
a bill, eatitUd "An act to authorize the transport-
ation of certain documents, by mail, free of post-
ai;e," iu which ihey request the concurrcoce of
the Seuite.

The bill latt brought Dp for concurrence wa*
reftd ; and on the ijueEiion, Sbatl this bill be read
a second [imel it was determined in the negaltTe.

Mr. Bridlev gave notice that he should, to-
morrow, asit leave to bring in a bill making fur-
ther provision for a corps of engineers.

Y, Jaooary 12.
On motion, by Mr. Mitcbili., that the Senate
do reconsider their vote of yealerday on the src-

ond reading of the bill, enliilFd "An act to author-
ize the trail sporca lion of fertain documents, by
mail, free of po^tll!;e," it was deiernjined in the
negative — yeas 12, nays 13, as follows:

Vbai— McHiri. Crawford, Kitchel, Maiga, Mitehitl,
Parkar, Heed, Kobinmn, BmiUi af Maijlaud, Sumter,
Tiffin. Turoer, and White.

Niii — MesBTL AnderMn, Bayard, Bradley. Condit,
FrankltD, Gailiard, Gilman, Gregg. Mathiwioa, Mil-
l«dga, Moore, Smith otTeaavtaet, and ThruiloD.

Mr. Tirpiif, frotn the committee, reported the
bill supfilemeDtary to an act, entitled "An act
more effectually to provide for the national de-
I'ence by establishing an uniform miliiia through-
out the Unili'd States," correctly rogrossed i and
the bill WBi read the third time, nod pissed.

Agreeably to notice given ye^iterdny, Mr.
Braolev asked and obtained leave to briog in a
bill making further proviaion fur ibe corps of en-
gineers; which was read, and pasted to the sec-
ond reading.

Fbidat, January 13.

ThefoUowiog Message was received from Ibc
President op tub Unitgd Stateb :
To the Senalt and Houu of

Rxpraeniatat* of tkt Vmted Stattt.-

I now rentier to CongreH the aoconnt of the fond
establiBhed for defraying the contingent eipenars of
Oovemment fi» the yw 1806. Of the $30,000 ap-
prapriBl«d for that puipow, $2,000 wem deponted m
Ihe handi Of the Attorney General of tha United
States, to pay aipenaea incident to the prosecution of
Aaron Burr and hii accomplice*, for treasons and mis-
demeanon alleged to have been committed by them ;
C990 were paid to the order of Governor WUliami on
the tame accoont ; the balance, of $17,010, remains
in the Treaiury unexpendod.

TB. JEFFEBliON.

JianiBi IS, 1809.

The Message waf read, ami ordered to lie for
eonMderatioD.

Mr. MiTOBiLL presented two memoriala from
lOtb Cos. etl Ssss.~l I

the surviving officers of ibe New York and Con-
necticut lines iu Ihe Revolutionary army, staling
the losses they have sustained by the commuta-
tion of half pay, which they were induced to re-
ceive; and praying remuneration, for leasona
meulioaed in the memorials; which were Tekd,
and referred to the eommiitec appointed on the
12ih of December last, to consider and report

Tbu bill making further provision for the corpi
of engineerii was read the second time, and inaaQ
the order of the day for Monday next.

Mr. Surra, of Tenneasee, gave DOtice that b«
should to-morrow ask leave to bring in a bill sup-
plementary to Ihe act to amend an act eiiabJisb-
log circuit con,rts, and abridging the Jurisdietjon
of the district courts of the district or Kentucky,
Tennessee, and Ohio.

MoHDAT, January 16.

The cT^entials of Miobabl Leib, appoioted m
Senator by the Legislature nf the Stale of Penn-
sylvania, to fill Um vacancy occationed by the
resignation of Samuel Maclay, were reed, and
ordered to lie on file.

The Pbebident communicated tbe general ac-
count of the Treasurer of the United Stales, from
October 1, 1S07, to October 1, 1808; as, also, the
accounta of the War and Navy Departments for
• period ; together with the reports of the
ngofficersottheTreasury thereon ; which
were read for consideration. *

Mr. MiTCHiLL, from the committee appointed
on the 3d instant, " to inquire whether any and
what provisions ought to be made, at this time,
for the relief of tick and dieabled seamen of the
United Stales," asked and obtained leave to bring
in a bill for tbe relief of sick, disabled, and dis-
tressed seamen ; and the bill was read, and patted
to the aecond reading.

Agreeably to the order of the day, the Senate
resumed, as in Committee of the Whole, the bill
making furihcr provision for the corps of en-

I, by Mr. MiTOHiLi^ to sirthe out,
after the word " repealed," to the end of the bill,

follows ;

' And thereafter the tud corpa of engineera, eontti-

ing Ibe Military Academy, shall boTemovad, under
the direction of the President of the United States, from
Wait Point, and stationed at Washington, in the Dis-
trict of Columbia :"

It was dctprniined in the negative— yeas 12,
lys 16, as follrjws:

Yiis—MeiHra. Oilman, Goodrich, Hillhoutc, How-
land. Kilchcl, Mathsffeon, Mitchill, Parker, Robinson,
Smith of Maryltnd, Smith of New York, and Turner.

Nats— Messrs. Anderwn, Bayard, Bradley. Conilit,
Crawford, Franklin, GaLIlard, Grogg, Meigs, Miiledgo,
Moore, Pope, Smith of Tennetaee, Snmter, Thruston,
and White.

I, by Mr. Briiiilg7, the bill was re-
ferred to B select coramitlee; and Messrs. Bnao-
. Mitchill. and Bmith of Maryland, were
a^Kiiiiied Ihe committee.

.yGoogIc

323

mSTORT OF CONGRESS.

324

JnHVAttY, 1809.

Mt. Mitchill, from Ihe commiiiee to whom
was referred, on the 30lh of December last, ihe
Message of the Presiilelil of the Uoiled Stales of
that date, respecilofi a tribe of Alabama ladians.
Bsked and obtained leave to bring ja a bill for the
relief of certaio Alabama Indians; which was
tead, and psMed lo the second reading.

Mr. Smith, of Marylaod, Eubmitteaihe follow-

Raohtd, Thftt Ihe FiMident be requeited to direct
tte proper offieen to report to this Houie the ineo>>-
vrea which have bean adopted lo canj into eiecaliail
Ae act of Coogreee, of Slit Fabmarj, 1804, appro-
prialing two millioiu of dallui for dafi-ajing an; ex-
traoidinary eipenaaa attendingtbe iDtereonna between
tll« United Stale* and foreign nationi ; putieularl;
whether the uid tvo miUiimi of dollar*, or anyportian
Ibereof, w*a Knt in ipecje, or by hiUa of exchange, to
aitber France, Spain, Holland, or hnj other country,
for the parpoie of cerrying into execation the laid act;
•nd, also, to what alrject the lain* to remitted have
been applied, or were autboriaed or inlended to be

Mr. Smith, of Tenoeuee, asked aod obtained
leave to bring in a bill supplemeniary to the act,
entitled "Ad act to amend the act, entitled 'An
act ealeblishiog circuit courts, and abridging (he
jurisdiciioo of the distitci courts of the districts
of Kentucky, Tenne-'see, and Ohio )" and the bill
was read, and passed to ihe second reading.

a bill, entitled "An act for the relief of

abled, and distressed seamen," in which they re-

quest the concurrence of the Senate.

The bill last brought up for concurrence was
read, and passed to the second reading.

TuGsDAY, January 17.

A message from the House of RepreeeniatiTei
ioformed the Senate that the House disagree to
ikeamendmeDEs of the Senate to ihe bill, entitled
"An act authorizing the appoiotmeDt and em-
ployment of an additional number of nary offi-
cers, Beamen, and marinee."

The Seaale reauraed the coasideratioa of the
motion made yesierday ; and

Retolvtd, That the President be requested lo
direct the proper officers to report to the House
the measures which have been adopted to carry
into eiecutioD tbe act of Congress of 21sl Fe1>-
luary, 1806, appropriating two millioDi of dollars
for defraying any extraordinary expenses attend-
ing the intercourse between the United States
and foreign nations; particularly wheiher (he
said two millions of dollars, or any portion (here-
of, was seot ia specie, or by bills of exchange, to
either France, Spain. Halland, or any other coun-
try', far the purpose of carrying intoexecaiioa the
said act ; and, also lu what object the sums so
remitted have been applied, or were authorized
or intended to be applied.

Ordered, That (he Secretary lay this resolu-
tion before the President of the Untied Slates.
The bill supplemeniary to the act, entitled "An

to amend the act, entitled 'An sot esiabiish-
courts and abridging the jurisdiction

of Ihe district courts of (he district* of Kentucky,
Tennessee, and Ohio," was read the second lime,
and referred lo Messrs. AirnBaaON, Skitb of
Tennessee, and CaAwronn, to consider and re-

The following Message was received from Iha
President of ihe United Slate* :
To the SetuUe and Houti of

Eepramlaiiva of the Vniltd Staia.-

I cmnmanieate lo Congraa* cvrtaia lellei* whicb
pasMd between the Britiah Secretarr of Stale, Mr.
Canning, and Mr- Pinkney, oui Miniiler Plenipoten-
tiery at London. When the document* cmceming
the relation* between the United Slala* and Oreat
Britain were Ia4d before Congreu, at the eammence-
ment of the session, the answer of Mi. Finkney to the
letter of Mr. Csnniog bad not been received, and a
commnnicBlion of Iha Ivttw alonewauid liave accordBd
neither with propriety nor witk the wiabe* of Mr.
Pinkney. When tlkat anewer aAeiwald* arrived, it
w*a considered that, as what bad passed in coaveraa-
tion had been superseded by Ihe written and formal
correspondence on the eubJecC, the variance in the
■latemcnt of what bad Torbally passed was not of suffi-
cient importance to be made the matter of a dia^nct
and special comlnnnicBlion. The letter of Mr. Can-
ning, however, having lately appeared in print, unac-
companied by tbst of Mr. Pinkney, in rep^, and hav.
ing a tendency to make impreBaions rtot warranted by
the statements of Mr. Finkney, it has brcame proper
thai the whale should be bronght into pnbhe view.
TH. JEFFEBSOir.

jARDiav IT, 1BD9.

The Message and communication* were read,
and one thousand copies thereof ordered to be
priixed for the use of the Senate.

The bill from the House of RepresentBtfvei,
entilled "An act for ihe relief of sick, disabled,
and distressed seamen," was read the second lime,
and referred lo Messrs. AitnERao:(, Mitcbill,
and Bradlbt, to consider and report thereon-

Ordered. That (he bill reported bya commit-
tee of tbe Senate for tlie relief of sick, disabled,
and distressed seamen, it having been read tbe
second time, be referred to the same committee.

The bill for the relief of ceriain Alabama In-
dians was read the second lime, and ordered lo
lie for cDDsideratioD.

The Senaie proceeded to consider the resolu-
tion of the House of R ep resent a tivea disazreeing
to the ameodmenla of the Senate to (he bill, en-
tilled " An acl anihorizing (he appoiniment and
employment of an addiiional number of oavy offi-
cers, seamen, and- marines," and on motion, by-
Mr. ANnERBon, that 'he Senaie do recede from
their first smendmeot, in the words fallowing:

Sic. I. After the word " aascmbled," insert a* fol-
lows: " That there be filled out, officered, manned, and
employed, as soon as may be, ell tbe frigates and Other
armed veiials of the Uniled Slates, and gnnboata.
That the President of the United States be authoriud
and empowered to cause the frigates and armed vev-
seU, so soon as they can be prepared far actnal service,
reapectively, to be stationed at such port* and placea
on Ihe jiaeBaittaa he may deem moat sipadieBt, ct to

.yGoogIc

HISTORY OP CONGRESS.

Jarcart, 180B.

SiHATB.

It was deiermined in the negatire— yeai 7,
najrsSS, Bsfollom:

YiAi — Mann. AndervoD, Condi t,Craif ford, Kilchel,
Sumter, TUBd, uid Turner.

Nat*— Meura. Bajud, Br>dl«;, GuUinl, Giln,
GilniBD, Goodrich, Gregg, HilUunue, Howland, Llojd,
Mathewaon, Meigs, Hilledge, MitchiU, Moore, Pirlur,
Pickering, RobuiKin, Smith ^ Marylsiul, Smith of
. New York, Smith of TenMSM, Thnulon, and While.

On raolion, by Mr. BnADLBr,

Retolved, That Ihe Seaatedo iasist on all tbrir
amEndmentB to the bill last meolioned, aod a»lc a
conference' ibereon.

And McMri. BRAi)i.BT,QiLEB,and Hillbocbe,
were appoioted the maoagen on the part of ibe
Senate. '

Mr. MiTonii-t. presented the memorial of Wil-
liam Hardf, aa officer in the ReTolutfonarjr war,
staiiog his (erTices and (uBeringi, and praying
relief.

Ordered, That it be referred to Messrs. Mitch-
ill. CoNDiT, and Qiluar, Io eoDsider and report
thereon.

WEOHEeBAT, January 18.
The Senate tesgroed, a« in Committee of the
Whole, the Becond reading of the bill for ibe re-
lief of certain Alabama Indians; and the Preai-
deot having reported it to the Houie without
amendment, on the question, Shall this bill be
engrossed and read a third timel it wot deter-
mined in the affirmatire.

TauaanAT, January 19.

MicHAXL Lbib. appointed ■ Senator by the Le-
gislature of the Sute of Pennsylrania, to fill the
vaeancy occasioned by the resignation of the
honorable Samuel Maclay,Btiended, and the oath
preseribed by law was administered to him.

'ir. TirriH pre«nted sandry petitiona from

the great uncertainty of eommantflng cash for
produce at the pmeot time, they will not be able
to make ap the final payments for their lands at
the lime they will respectiTcly become due," and
praying that Congress will " so modify the pres-
ent lend laws as will guard them from theem-
barrassmeDts and ruin they otherwise apprehend
may fall upon them)" and the petition^ were
read, and referred to Mturs. Tipfin, Greoo, and
Bradlet, to consider and report thereon.

The PREacDEHT communicated the report of
Ihe Postmaster General Tespecliog the salaries
allowed to the clerks in his office, in obedr

their ditagreement to the ameodment* of the
Sciuieto iIm bill, entitled "An act Kuthoiixiig

the appointment and employment of an addi-
tional number of navy offieerK, seamen, and ma-
rines." They agree to the conference proposed
by the Senate on the disagreeing votes of the
two Houses, and have appointed managers on
their part. The House have passed a bill, en-
titled "An act for dividing the Indiana Territory
into two separate governments ;" also, a bill, en-
liiled " An act fur the relief of Edmund Bea-
tnoDli" in which bill* they request the concur-
lence of the Senate.

The two bills last mentioned were read, and
passed Io the second reading.

Mr. TiFviN, from the committee, reported the
bill fur therelief of certain Alabama Indians, cor-
rectly engrotsed ; and the bill was yad the third
time, and passed.

Mr. QiLia, from the commiliee to whom was
referred, on the 6lh instant, the Message of the
President of the United Stale* On the sobjeet of
fortifications, reported, in part, a bill making ap-
propriations to complete Ihe forlificalioaa com-
menced for the security of the seaport towns end
harbors of tbe Uuited Statex, and to defray the
expense of deepening, and extending to the river
Mwsissij^i, the canal of Carondelel ; and the bill
was tead, and parsed to tbe second reading.

The pREstDBNT communicated the tepresenta-
tiooofthe Inhabitants ofNewry.in the county of
Oxford,andCommonwealihof Massachusetts, on
the mode in. which Electors of President and
Vice Preiidcnt have been appointed by the two
Houses of the Legislature ot that State, in Con-
vention ; contrary, as they state, to the usual and
._. ---^tional moneof legislation; andtherepre-

Friday, January 3D.

The bill making; approprialioos to complete (he
fortifications commenced for the security of the
seaport towns and harbors .of the United States,
and to defray the expense of deepening, and ex-
'tendingiothe river Mississippi, theoaiial of Caron-
delel^ was read the second time, and the farther
consideration of Ibe hill was postponed to Mon-
day next.

Mr. Bradlet presented the petition of the Ba4>-
list Church of the City of 'Washington, signed of
their committee, praying "an act of iocorpora-
liou, upon such principles as may seem meet;"
and Ihe petition was read^nd referred to Messrs.
Bradley, Eitchel, and Tiffin, to consider ani
report thereon, by bill or otherwiiie.

Mr. TiFFiH, from the committee lo whom were
referred sundry petitions from purchasers of pub-
lic lands iu the Siale of Ohio, asked and obiained
leave lo bring in a hill to extend the time for
making payment for Ihe public lands of the Uni-
ted States; and the bill was read, and passed to
the second reading.

The hill, entitled " An act for the relief of Kd-
mund Beamonl," vai read the second lime, and
referred, togeiher with the accompanying papers,
lo Messrs HiLLBotisE, Bradley, and Franklim,
to couidet and lepoit thereon.

.yGoogle

HISTORY OF CONGRESS.

BailATB.

AdtUttmal Naval Force.

JjLHD>

The bill, entiiled "An act Tor dividinfi the In-
ditna Terrilory JDlo Iwo separate goverDineats,"
mnjeRd the second lime, and referred lo Meisrs.
Pope, Tiffin, and Bradley, ihe commiitee lo
whom were referred, od the 15ih of November
kit, the reiolulions pnssed bv ^he House o{ Rpp-
r«*eniBliTes or (he IndiaDEi Terrilorjr on the llih
of October [bgI, and ibalMeasrs. MBiGBand Hii.1.-
aonsE be added to the commiliee.

Mr. Andbrboh, from the commillee to whom
was referred the bill s ipplemenTary to the act,
eotitled " An act to amend tlie act, entitled ' An
act eslBbliahing circuit courts and abridging the
jtrrisdiction of the district cooria of the districts
of Eentuckjr, Tennesaee, and Ohio," reported
Kmendment^ which were read, and ordered lo
lie for consideration.

Mr. Ahdenson, frora' the eommiitee to whom
was referred the bill for the relief of sick, disabled,
and distressed seamen, made 4 report. Where-

Rttohed, That the further consideration of the
bill b« postponed to the first Monday in Decero-

Mt. Anderbon, from the same committee, re-
ported the bill; entitled " An act for the relief of
aick, dibbled, and distressed seamen," wlthonl
amendment^ and the bill was considered as in
Committee of the Whole.

On inotioD, by Mr. Hillbodbb, to strike out ibe
followioir words :

" And Iba sama shall be refanded to tha Treasnrr
«ftheUi)lled8Ulas,outofioehBDrplassi majr accrue
to the fiind Ibr the rsUef of lick sad disabled seameD,
at lach times and in such mannsr ■■ shall not defeat
the gsneis] purpon Ibr which such fund ii estsblUbed :"

It was determined is the affirraaiire— yeas 20,
nays 11. as follows:

YKAS^Messn. Anderson, Bayard, Bradley, Con-
dit, Franklin, OsilUrd. Giles, Goodrich, Gregg, Hill-
hoDse, Howland, Mathewion, Meigs. Miiledge, Picker-
ug, Smith of New York, Sumter, Tiffin, Turner, and
White.

Nats— Messn. Crawford, Kilchel, Leih, Lloyd. Hit-
diili; Moore, Parkrr, Pope, Smith <jf Marylsnd, Smith
of Tenneaaee, and Thruslon.

On motion of Mr. Pope, to xtrihe out the words
"and distressed," after r he word " di-^abled;"it
was determined ia the' affirmative — yeas 18, nays
14, as follows:

y«AS — Messrs. Anderson, Gondii, Frsnklin, Oail-
lard, Gregg, Rowland, Kitchel, Leib, Matbewtan, Mil-
ledge, Pickering, Pope, Smith of Msrjland, Sumter,
Thnutun, Tiffin, Turner, and Wbite.

Nats— MesiTs. Bayard, Bridlay, Crawford, Giles,
Gflmsn, Goodrich, Hillbouse. Lloyd, MsIei, MItchill.
Hoore, Parker, Smith of Now. York, and Smith of
Tennessee.

Od motion, by Mr. Giles, the forlher coosld-
cratioDof the bill was postponed to Monday next.

MoHD«y, January 23.

Mr. Hillhoobb. from ihe committee to whom

was referred the bill, enlilled "An act for the

telief of Edmund Beamont," reported lbs bill

without amendment ; and the bill was pas^ to
the third reading.

The bill toexiend the time far mnkinti pay-
ments for the public lands of the United Stales,
was read the second time.

The Si^nate resumed, as in Committee of ibe
Whole, [he bill supplementary 10 the act. enlilled
"An act to amend the act, enlilled 'Alt act, es-
lablishinff circuit courts and abridging the jutls-
diciion oT ihe district courts of the districts of
Kentucky, Tennessee, and Ohio ;" and the Pre-
BiDENT having reported the bill lo the Hou»
amended, on the question. Shall ibis bill be en-
grossed, and reaii a third lime as amended? it was
determined in the aliSrmaiive.

The Senate resulted, as in Commillee of the
Whole, the bill, entitled '- Ad act for the relief of
sick, disabled, and disiressed seamen."

On motion, by Mr. Mitchill, ibe cunsideralioQ
thereof wat further posiponed.

The Senate resumed, as in Committee of the
Whole, the seconil reading of the bill msking
appropriaiions lo complete the fortifications com-
mencfd for Ihe .securiiy of the seaport towns and
harbors ol the United Slates, and to defray ihe
eij)ense of deepening and extending lo ihe river
Mississippi the canal of Carondelet ; and thePfiS-
siOKNT having reported the hill to the House
without amendment, on the question, Shall this
bill be engrossed, and read a third lime ? it was
determined in the affirmaiire.

ADDITIONAL NAVAL FORCE.

Mr. Bbadlbv, of the conferees from the Sen-
ale, on thedisagfeerapQi betweenlhc two Houses,
in_ relation to ihe bill, enlilled " An act aulhor-
ijiing the appointment and employment of an ad-
dilional number of navy officers, seamen, and ma-
rines." made the following report :

That they hue met tho conferees 00 the part of the
House of Reprcsentatlvea, and bive bad a frei confar-
ence on the subject of the disagreement between iba
two Honsas, and regret that it haa not been in tbeii
power to compromise the diragreement. They sabmit
to the Sanste certain proposition! made by tbem lo tha
conferees from the other Hr^ae, mm evidence of their
amest desire to bare accommodated aQ diSerencet.
nd a justiGcBtion of their conduct to the nation ; they
ubjoin the letter from the superintendont of the nsvy
yard, in the absence of the Secretary of the Nav> ''>■'
the state of ihe frigates might me fully known. They
are compellcrl tc say, ihcy found no disposition on lbs
part or the other conferees to depart in the least reupcct
from the bill as psssed by the House of Representatives,
or in any manner to wish any accommodation, short
of the Senate receding, in every tnaLance, from their
amendmants. Tbey therefore unanimously recom-

Iha Sensle to adhere to their amendments.
PropotUiaai, viilk the tubjoined teller, communiealed

in the conferea pit Ihe part of Ihe Houk of Rtpre-

the dis^ree-
.. to the amend-
ments made by the Senate to the bill, entitled " An
act authoHung the appointnient of an addtiiona! num-
ber of Davy officers, seamen, and narmea," being sin-
ceidj daMtona to ■coomniodBte all difieicnces Imiwcsd

.yGoogIc

HISTORY OF CONGRESS.

JjwBiir, 1809.

Sir ATI.

ths tws HoMCT, do propoM to the conferoM trom tb«
HoDK of Repnwentativea, * middlt eouiw, which wUI
inpoM liulo, if any, B.dditioDBl bnnlani on th> nation ;
lti( fonr trigaUa heing at [veient in ■ itate of repair,
utbej ue informed, can my aoon be equipped for
Ktual iiTTica ; they |>re(ame, from the Imown libsral-
iljind ^irit of accommodation, nhidihaiM unifbrnily
milked the plocaediiigi of both Houua of Uongreu,
that Ihej will readily ooncni therein, to wit :

" To amend the firat amendment made b; the Sen-
its, to lead u follows ;

" That, ia addition to tba frigates now emfdojed in
ictoil Mnrvics, there be fitted out, officered, and min-
nid, a> loon aa may be, the four following ftigatea, to
wit : the United StatM, B«mi, John Aduu, and Pre-
•idenl; and, moreover, the Pieaident of the United
Staid u herebj authorlaed and empowered to equip,
man, and etni^oy, in actual wrriee, h> many of the
giber public armed TeBseli now [aid np in ordinuy,
and goobaata, a>, in his jodgmBnt, the public aerrice
uaj require; and to cauae the frigateaandotherarmrd
raMb, when prepajred for actual aenice, reBpectively,
Id be Mationed at aucb iwrta and planes on the teacowt
u be may deem moat expedienU' ot, to cruiee on anj<
part of the eout of the United Stale* or Territories
thneof, and"

And (o modify the eecond amendment of the Sen'
lie, that, in lieo of tbe words " three hundred atid fif-
If ," insert only ** three hundred."

And so modify tbe third ameadmant of the Senate,
that, in lien of " four tbousaod four hundred sjid forty-
Mirn," inaert the words, "threa thousatid sii hun-

And to reconunend to the Senate, to recede iiom
their two lart unandmenta made to the second eection
oithebilL

And to amend the title to read, .

*'Aiiact aathorixiJiK the employmetitofanaddition-
■I nsTsl force."

Subjoined is a letter from Captain Tingey, inperin-
Indent of the ruvy yard, ehowing the state of the

NiTi'Timii, WiSHiFOTOir,

Jaauory 30, 1809.

Bia ; I have the honor to stale, in reply to your note
oTthia motning, that the frigates United Stales^ Essei,
and John Adaroa, are now in as good order in their
bulls as on the day they were launcbed, and can be
tigged in a few weeks if so ordered, and suitable ap-
prDpriations made.

The frigates " Congrese and Adanii" might also
proceed to ■ statinn in the months of any of our bajs
or harbors, but I do not consider Ibeir bulls in a situa-
ation fit to bear (be sea in heavy weather.

The fi-igates Constellation and New York,I consider
■a unfit to proceed from this yard, until ihey shall hare
had a thorough repair, and the remaining frig^ite, the
President, ia now progreewng under a thorough repair,
and may, I presume, be ready for sea in May neit,
with the number of earpeoieis now employed here,

I have the bOnor to be, lery respectfully, sir, your
leutserran , THOMAS TipjGEY.

Hon. STBrmiw B< Bm*dlii.

Ordered. That the reporl lie for conBideraiion,
and ihit it be printed for the use of the Senate.

And OD moiioo, the Senate adjouroed uittil to-
Oorrovr.

Tdesdat, Jannarj' 24.

Mr. Pops, frora (he cominitiee to wiiom was
referred the bll),eniiiUd "An act for dividing the
IpdianaTerritoiy into two separate gtivernmenla,"
reported ihe bill tviihoul ameacimenl.

Oa moiioD, by Mr. White, dd behalf of the
conmiittee to whom was referred the report of the
Secretary of ibe Treasury on roads and canala, it
wai; ordered ihai the memorial and petiiion of the
President and Directors of the Chesapeake and
Delaware Canal Company, be printed for the use
of both Houses of Congress,

Mr. TiFDN, from the committee, reported the
hill mBking approprialiona to complete ibe forti-
fieationa commenced for the securitjr of the sea-
port towns Bud harbors of ibe United States, and
to defray the expense of deepening and extending
to the river MissiBsippi the canal of Carondelet,
correclly engrossed ; and the bill was read the
third time, and passed.

Mr. TiF-FiN, from the committee, reporled the
bill Gupplemeniary to the act, entitled "An act to
amend the act, entitled 'An act establishing cir-
cuit courts and abridging the jurisdiction of tha
di^rict courts of the dialriels of Kentucky, Ten-
nessee, and Ohio," correctly engrossed; and the
bill was read the third lime, end passed.

The bill, entitled ''An act for the relief of Ed-
mund Beamunt," was read the third time, and

The Senate resumed, as in Committee of the
Whcde, the bill to extend the time for making
payments for public lands of the United Slates ;
and ibe further consideration of the bill was post-
poned until lo-niorrow.

The Senate resumed the consideration of the
reporl of the managers, on the part of the Senate,
at'tbe confereaee on the disagreeing TOfea of the
two Houses, on the bill,eniiired "An act author-
izing the appointment and employment of an ad-
ditional number of nary officers, seamen, and
marines," in the words following:

" That they baie met the conferees, on the part of
the Bouse of RepresentatiTea, and haie had a free con-
ference on the subject of the disagreement between the
Iwo Houaes. and regret that it hai not been in thetr
power to compromiae the disagieemenL

"They aubmit to the Senate certain' propoallioDS
made by them to the oonferees from the other Honea,
as CTidence of their earnest desire to have accommo-
dated all differencea, and a justification of Ibeir con-
duct to the nation; they lubjoined the letter from the
mperintandent of the na*y yard, in the absence of the
Beetatafy. of tile Navy, that the stale of the frigate*
might be fully known.

" They are compelled to say, they found no dispoai-
tion, OD the part of the other conferees, to depart in the
least respect from the bill as passed by the House of
RepresentaliTes, or tn any manner to wish any accom-
moJation short of the Senate receding, in e«eiy in-
■lsnce,fromtlleiramendments. They theretbte unan-
imously recommend to the Senate to adhere to their
amendments."

On motion, (o adhere to their amendments to
the hill, agreeably lo the leport of the conferees.

.yGoogIc

mSTORT OF CONOEESS.

m

8 ■NAT!.

Experuei of f^tretgn /Ktercoune.

itWBsdeiermiDed in thcaffiimalire— yeas23,nara
10. as follows :

¥■!■ — Mann. BaysTd, Bradley, Gilci, GiliDui,
Ooodrich, Gregg, HillhonM, HoTdaad, L«ib, Llojd,
MadicwKiD, Meig*, Millcdge, Hitcbill, Moore, Parker,
Pickering, K>e*l, RobinMD, Bmith oflMarjIind, Smith
of Kevr Tark, Smith of Tsiineuee, and White.

Nati — Mee«n. Condit, CrawloTd, Franklin, Gail-
lanl, KilEhel, Pope, Sumter, Tbnuloa, Tiffin, and
TwfMT.

A meiiiage from Ihe HoU*e of RepmeniaiiTe^
informed ibe Senate that the House hsTe pasaed
a bill, entitled "An act to alter the time for the
Dext meetiDj; of Coogress," in wbich they re-
qnesL the coticurreoce of the Senate.

The bill last mentioned waa read, and paued
to the tecond reading.

FOREIGN INTERCOURSE.

The following Message was received from the
Pbesident Of THE Unites States:
lb Ihe Senate ef the United Statet .■

According to the reaolntion of the Senate, of the ITth
instant, I now transmit them the information therein
Mqueited, reapecling the eiecution of the act of Coa-
gieaa of Pebmarir S4, ISOfl, apprapiiating (<ro miUiam
of dollars for defrajing any extraordinary expenses at-
tending the inlercouiae between Che United States and
foreign natbns.

TH. JEFFERSON.

jAKViaT M, 1809.

The Message and documents were read, and
one thousand copies iheieof ordered to be printed
for Ihe use of llie two Houses of Gongresv

The documenis are as follow :

In compliance with the reidntion of the Benate, so
Ikr a* the same js not complied with by the report of
the Secretary of the Treasury of the lOth instant, the
Secretarj of State respectfully reports, that neither the
whole nor any portion of the two millioni of dollar*
appropriated by the acl of Congress of the 2 lit of Feb-
ruary, 1806, " for defraying any flitraordinary expenses
attending the intercourse between Ihe United States
and foreign nations," was sver authorized or intended
ta be applied to the use of either France, Holland, or
■ny country other than Spain ; nor otherwise to be ap-
plud to Spain than by treaty with the GoTemment
theraof, and eiclusiToly in consideration of a ceaion
and deliTery to tha United States of the tanitery held
bj ^ain, eutward of the river Mississippi.

Alt which is respectfully salnnitlod.

JAMK8 MADISON.

DirAamiBT oi Stati, Jan. SI.

In compliance with the reaolntion of the Senateof the
I7lh instant, the Seeretai; of ths Treasury reapect-
fnlly reports :

That the President of the United States did, by vir-
tue of the act of the Slat of February, 1B06, sulboriie
Ihe Secretary of the Treasury to place two millions of
dollars at the joint disposal of John Armstrong and
James Bowdoin, Commiaiioaers for settling all mat-
ters ofdifferencebetween the United States and the Gov-
ernment of Spain, and in case of the death of one of
them, at (he disposal of the survivor, to be jointly ap-
plied, by the said John Armstrong and James Bow-
doin, or in case of the death of one of them, by the
Btirvivor, to suoh purposes, as he, the said President,

a diraol in hia inalraotiDas to

That the Secretary of the Treasury did, accordingly,
on the IBtb day of March, lB06,authotiiethe said John
ArmstTODg and James Bowdoin, to draw bills of ex-
change for the »id two millions of dollars, in the man-
ner following, viz: on the banken of the United States
at Amsterdam for one million of doUsn, and on the
Treasury Of the Unilod Slates for one miUion ol
dollara.

That the bankers of Ihe United Steles at Amster-
dsm were, at the same lime, authorized to pay the
bills, which might ba thus drawn on them, out of the
funds in their bands on acamat <if the foreign debt,
for which purpose remittaneea to that amount, and
wbich wen not necesaary for Iha payment of that debt
till the year I80T, were purchased and transmitted to
them, between the 18th day of Febnury and the ISth
day of March 1806.

That thia transaction was oflieially colomnnicaled
by the Uacretary of the Treasury, to Congieaa at thur
next session, in hia annual report on fioaneaa, of tith
December 1806, and in the following word»--»lt is
hen proper to state, that, under the authority given by
that act, a credit of one million of dollars W been
opened in Holland to the Miniitera of the United Blales
appointed to treat with Spain. Should the credit be
nsed, the million will be charged to the proper iHiro-
priation ; but, althongh Ihe balance chargeable to the
eipendilnre of the year 1807, will in that case be only
one, instead of two millions, as staled in the above es>
timata, the general reenlt will be the same ; a* it will
then be necessary to replace in HoHand the million
tbtis employed for a different object than the payment
of Ihe foreign debt, to which ll now stands charged."

That no specie was sent to any country whaloser,
nor any other remittances made, nor any other meas-
ure*, than those above stated, taken by this department,
for the purpose of carrying into execution the above-

JobnA

That J<^ Armstrong and Jamea Bowdoin have net,
jointly or separately, drawn either on Holland or on
the Treasury, or in any other manner, for any part
wbatevar of the sum which lud been ^iiu placed at
their disposal : and that all the remittances which hsd,
with a view to that object, been made to tbo bankera at
Amsterdam, sooner than was necessary for Ihe pay-
ment of the foreign deb^ have by them been exclu-
sively applied, b Ihe course of the year IBOT, to the
payment of that debt.

Thai Ihe authority which had been given to John
Armstrong and James Bowdoin to draw for that mon-
ey, or any part thereof, ceased with the return of the
last mentioned gentleman to the United Stalea.

And that no part of Ihe moneys appropriated by the
abovemantiODed act, of the 13Ui February 1806, baa
been, or can hereafter be eiponded: t)ia eppropriation,
untouched and entire, having expired on the 31at day
of December last, and been carried to the credit of the
surplus fund, in oonlormit^ with the provisions of the
act, entitled "An art making further provision for the
support of public credit, and for the redemption of the
pubhc deht,^' passed March 3, ITfib.

Respectfully aubmilted,

ALBERT O ALL ATTN.

TaiASDar Dbpa>tmx>t, Jan. 20, iSOB.

.yGoogIc

HISTORY OF CONGRESS.

ZM

jAROisr, IBOS.

Expense* of Fertign htercourse.

Sbhati.

iog tbe intorcDiine betwem thi Uoiled SUtw and tor-
eign nttions," psned on ths I3th day o( February
1806, and of nhich the anneieJ ia aa offi<!ial exem-
plilication : — I, Thomu JefTenon, Preaidenl of tbe Uni-
ud Stales of America, do hereby aotboriie aod em-
poireT Albeit GallBtin, Secretary of tbe TreaaUTj of
the United Statei, to take all proper andneceeiaiy meai-
nra* fbt pladng the two mUlwni of doUaia appropri-
ated b; the act above recited, at the joint diapoaal of
John ArmatniDg and James Bowdoln, Comoiisnoiiera
PlenipiMntiai]! and Ei traordiDar?, lot aetlling all mat-
ten of difference betneen the Onited 8lat«a and the
GoTemment of Spain, uid in case of tbe death of one
of them, St the dispoaal of Ihe rai-fiTOr — to be jointly
applied by the aaid John Arnatrong and Jamea Bow-
doin — or, in caae of the death of one of them, by the
nuriTor, to aneb pnipoaM u I may think proper to di-
rect in my inetmctioDa to tbam: and fcrab doing ^i>
lAall be hia mffident warrsnL

I> leatimonj whereof I ha*e Mnaad the aeal of the
Tnited Slalea to be herennto affixed.

Giren undat ny hand, at the City of Waihington,
ihia eighteeath day of March, one thonaand eight hun-
dred and KI-
TH. JEFFBK80N.

By the Pieudcnt :

JiMil MiDiioa, Seerelarj/ of Slait.

Be it known, that I, Albert Gallatin, Secretory of the
Tioaaury of the United Statei for the time being, by rir-
ine of the within eommiaaion, [Kntcr, or warrant of the
President of the United States, haTO anthorized and em-
powered, and by theae preunti do authorize and em-
power the within mentioned John Arm Strang and Jem^
Bo wdoin, jointly, or, in caae of the death of one of them,
the auTTiTor, to draw billa of exchange, for the two mil-
liana of doHara appropriated by the annexed net of
Congrtas, in manner fellowhig, Til; on Wilhem and
Jan Willink, N. A: J. dc R. Van SUphont, bankera of
the United Staloi at Amalerdam, tm two milliunB, Sie
hondred thonaand guilder*, current money of Holland,
equal al par to one millioa of dolkn, and on Che Traaa-
ary of the United Stajee for one million of dollara, be-
ing the remainder of the lum appropriated a* afoiBaaid —
the billa for one fourth part of the last mentioned mil-
EoB to be made pajible on demand, and the billa for
the lemainins three-fourths thereof to be drawn at
thirty, rixty, and ninety days after iight.

In teatimony whereof, I haTe caUfed the aeal of the
Treamry to be affixed to theie presenta, and have here-
unto aafaacribed my hand at the City of Wsibington,
the IMi day of March, one thousand eight hundred

.In Ad making provUion for dtfraying any exlraor-

lliaajy txpenta atltnding tht inlereourie between

Ike ifnitea Slaiet ondfareign itaiioiu.

Be it enaeitd 6y the Senate and Haute of Repraen-

tati-Bta of Ike Utuitd Siaiea of America, in Congra*

MtembUd, That a lum of two mitlions of dollars be,

and the sBine ia hereby, appropriated towards defraying

any extraordinary expenaes which maj be incurred, in

the intcreourae between the United State* and foreign

lutioiu, to be paid ont of any money in the Treasury

not otfaerwise appropriated, and to be applied under

tlM directiua of the President of the United States,

who shall canae an account thereof to be laid before

CoQgres* a* soon a> may be.

Sic. S. And be it furtkir envied. That the Presi-

dent of the United States be and he [* hen by anthorixed,
if neoesBuy. to borrow the said sumrOr any part thereof
in behalf of the United Sutea, at a rate of inteteat not
exceeding lii per cent per annum, redeemable at the
will of tbe Congress of the United Statea. And it
shall be lawful for the Bank of the United States to
lend the whole or any part of the same.

Sxc. 3. And be it further enacted. That so mncb-
aa may be necessary of the aurplus of the dutiee on
imports and tonnage beyond the permanent appropri-
ation, heretofore charged upon them by law, afaaU be
and hereby ia pledged and appropriated for the payment
of the interest, and reintbtiisement of the principal of
all such moneys as may be borrowed in puisnanca of
thi* act, according to the terms and conditions on which
the loan or loana may be etTected.

NATHANIEL MACON,
fke Mouec of Repretentati
GEORGE CLfNTON,

H and Prtift ofSauOt.
Approred, February 13th 1806.

TU. JEFFERSON.

I, Jamea Madison, Secretary for the Department of
State of the United States of America, hereby certify,
that the writing within contained ia a true copy of an
act of the Congress of the said States, passed on the
tSth day of February last, entitled " An act making
proTision for defraying any extraordinary expenses at-
tending the intercourse between the United States and
foreign nations," the aaid copy having been compared
with the original roll remaining in the office of the
Department of State, aforesaid.

Witness my hand and official seal, at the City of
WashingloQ, the eighteenth day of March, in tbe year
of our Lord, one thousand eight hundred and six ; and
of the independence of the aaid Stal^v the tbirtietb.
JAMES HADISON-

MiacH 18, 18M.
GsiTTtiiiiii ; Haling been directed by the Pres-
ident of the United States to place at your disposal
two millions of dollars, under the authority vested in
him by the act, entitled "An act making provision for
defraying any eitraordinaiy eipenatta attending the
inlercourae between the United Htalca and foreign na-
tions," passed on the thirteenth of February, 1806, 1
have the honor to enclose a power under the seal of
this office, authorizing you to draw 2,600,000 guilders
current money of Holland, and equal to one million
of dollara, on the bankers of the United States at Am-
sterdam, and tbe other million of dollars on the See-
rotary of the Treasury at Waahington. An open let-
ter to the aaid bankers, is also encloaed, which you will
be- pleased to tranamit to them only in case you may
find it neceasBiy to draw on them fbr that sum, as I
have not thought it proper to give them any previoua
infonnstion on the aobjeet, and have only placed suffi'
cient fdnda in their hands without apprizing them of
the object. It will therefore be necessary, that yon
make amngcments with them respecting the manner
in which you will draw ; bnt I i>elieve they will be abla
to answer your drafts even if th^ were at ten daya
sight. It is proper for me to add uat yon are not an-
thoriied to draw partially on that fund, nor for any
other object than that pmnted ont to you by tbe Seere-
tatj of State. Audit will be necessary that yon should
inform me aa early as possible, whether you will draw
on Amsterdam o:

jjGoogle

335

HISTORY OF CONGRESS.

J^niTAItT, IS"*.

to bB mtde b; this department on tccnutit of the fbr-
flign debt, will depend on the knowledge of that laoL

In relition to the diafbi oa the Secralarj of the
-TteosDTy for tbs olher million of dollars, you wiltbo
-pleued to observe that they muit nolbe at shorter eighti
than if mentioned in the power, that they muit be eX'
pressed in dollars, and that they must not be negotiated
under pur. Letters of advice must accompany eTer^
aet, and in addition thereto, a triplicate of all Ihe btlU
dionid at the same time be tranamiltcd.

I have tbe honor to be, respectAllly, gentlemen, jour
obedient eerrant,

ALBERT GALLATIN.

JoHB ABMiTaons and Jinis Bowdois, Esqrs.

Tuisrai Dkfibthikt, March 18, 1808.

Gihtlixek: In my three letters of the lat anil
IStb instant, and of this day^ I enclcwed remittances,
•mountins altogether to Grs. 3,S9T,GG0 1 1 : nbirh re-
mittances were mailo on account of the principal snil
interest of loans obtained by the United Stuica in Hol-
land, but subject nevertheless to such other dispositions
aa I might ibinlc proper to direct.

I have now the honor to inform you, thsl, in con-
formity with orders received from the Prasidenl of the
United States, I bava this day authorized Jobn Aim-
■trong. Minister Plenipolcntiarj of the United Btates
at Paris, and Jamea Bowdoin, Minister of the United
States at Madrid, (who have been appointed Commiii-
oooers Plenipotentiary and Eilraoidinnry, to adjuel
•II diflerencea between the said States and GoTcrnment
of Spain,) jointly, or in caao of the deatji of aae of
them, the survivor, to draw on jou for two millions five
hundred thousand guilders, current money of Holland.
Tou will, therefore, be pleased to honor their joint, or,
in case of death, the survivor's drafts on you to thai
amount, and as soon as you ahall have received notice
of their intention thus to draw to give me immediate
intimation, in order thai I may hove time to replace
the Ainds necessary to meet the demands payable at
Atnsterdsm in 1807, on account of the principal and
interest of Iho loans obtained by the United States in
Holland.

From my view of llio funds heretofole placed in your
hands, I presume that you may honor the drolls of
those gentlemen even liefare the time when ihe remit-
tances above-mentioned shall become due. Hut, in
order to prevent any inconvenience or disappointment,
Messrs. Armstrong and Bowdoin have been requested
to write to you, and to make in concert the necessary
arrangements on that subject.

I have the honor to be, respectfully, gentlemen, your
obedient acrrant,

ALBERT GALLATIN.

Mesars. Wilhem it Jan Willink, N. &, J. & R. Von
Slaphorat, merchants, Amsterdam.

WBDNEsniv, January 35.

The bill enijilvd " Au act io alter the titae for
Ihe Qczt meeting of Congress," was read the sec-
ond lime, aud ordered lo (be third readlnK.

The Senate reiuucd. as in Coniinittee of ihe
Whole, the bill, enlilled "Ad act for diridins the
Indiana TerritorfiDIo iwosepars IP governmenls,"
■nd, tli« PfiKBiDEHT having reported it to the
House without amendment.

Ordered, That it pau to a ihird reading.

TsDnsDAV, Jantiarf %
Mr. BsADLET, from the committee to wbon
was refttrej tlie peiiiioo ofObadiah Browoasd
. others, BCOiUQiil tee in behall of Ihe Baptist Church
in ilie City of Wasbiu^lOD, reported a bill to |)n>-
vide fur (he incorporation of reltf(iaus aocietiet u
the District of Columbia ; and the bill wat md,
and passed to the second reading.

The bill, entitled ''An act to alter the timerui
(he next meeting of Congress," was read tbeiliir^
time, and passed.

FHtoAY, Januarf 27.

Mr.MiTCHiLi.. from lbejt>iDt committee of tlw
two Houses i>t Congress, appointed tu direct itx
expenditure of the sum appropriated for ibt
Library, made a report; which was read, ii>d
orilered to lie for consideralion.

The bill lo provide for the incorporation or n-
ligious societies in the District of Columbia ni
read tlie second time.

Mr. WtiiTB, from the committee lo whomwai
referred, on the 28lh November last, the report of
the Secretary of the Treasury on roads andct
nals, together with the meraoriatsof the PresiJeot
and Dircciors of the Delaware and Chesapeskt
Canal Company, reported a bill authotizJiigtbt
tale aniJ grant of a certain quaulily of public lapd
to the Chesapeake and Delaware and Ohio Ciul
Companies; and the bill was tead, and passed to
tlTe second reading..

The Senate resumed, as in Committte of llu
Whole, the second rtading of the bill to eiiesil
the time for making fiaymenia for the pul'l''
lands Of the United Siatei; and the Pbesideit
having reported the bill to the House araeniM
oil the question: "Shall this bill be engrossed ind
r^adalhird time as amended? it was deiermiiKd
in the affirmative.

The hill, entitled "An act (or dividing the !»;
diana Territory into two sepatale eoTernment*:
was resumed, and, on motion, the ftiriher con'iJ"
eralion of the bill was postponed to Monday nft'-

A message from the House of RepreseQla"'^*
inforracii the Senate that the House have pisstd
the bill, entitled ''An act to provide for ariaiD?.
mannine. and fitting out for immediate seivic^^*''
the public ships of war, vessels, and guoboBls,«
the United States," with amendments, in whicb
tbey Fcquc.'il the concurrence of the Senate. Tt'f
have passed a bill, entitled -'An act to revirei'K'
continue fur a further time the authority i^l^ '^'
Commissioners of Kaskaskia ;" also, an act m»'
ing appropriations to complete the foriiGcaiinQ'
commenced for the security of the seaport to*"'
and harbors of the United Stales, and to defttj
the expense of deepening, and extending to '^'
river Mississippi, the canal of Carond Jet ;" "^
which bills they request the coneurreaee ol '^

The bill last mentioned wqa read, and p^^
10 the second reading. ,

The Senate proceeded to consider the '""".!,'
menls of the Hous« of Representatives to tie Wi

.yGoogIc

HISTORY OF CONGRESS.

Jakvikt. ISOd.

8bhat«.

and bttiDg out lor imcDediBieserr ice, all the public
sbjpsof war, feEsels, and gODboali, oiihe United
8i*tK." WherenpoD,

IktfAved, That tbe Senile codcut io the said
imeDdmenlf. -

Tbe bill, entided " Ad act (o reviTe. and coDtt-
Due for a farther lime, the auiheriljr of the Com-
minioaers of Kaskaakia," was read, and pawed id
the seeond reading.

The following motion was •ubmitled bjr Mr.

Rttohxd, Thai Bcommittefl beippointed to prepare
and bring in a bill makiiig nnTinon fir the nipport of
■ach of the JiidgM of ths United State* u, Erom age,
ockntiB, 01 infiimitj, diall be incapabla of diaebargiag
tbe datiaa of Ibeir offices, and who ihall raaign tbe latne.

Monday, January 30.

Ttte Vice Frebideht haviag retired, the Sen-
ate proceeded to the election tif a President pro
tempore, as iha CaBsitmtion prorides; and the
Hon. JoBH MiLLEDQB was appoiDtrd.

Mr. LeiB presented the memorial of William
Hall, surriviDe parlDer of Hall &. Sellero, and
Robert B. Sellers, Hdmiaislralor on the estate of
William Sellers, deceased, stating the services
tendered by Hall & Sellen, Printers to Cooi^ress
during the RevDlutionnry war, in printing bills of
credit, certificates, &c.,and praying lo be allowed
a considerable bajanee which temaint due to them;
and the memorial was readi

Tbe Pbesideht commuoicatwl tbe report of
the Postmaster General, made in obedience to (he
act of the 2lBt April. 1808, concerning public coq-
traets ; together with his report on unproduollTe
routes, pursuant to the thirtieth section af the act
to esiabtish the Post Office j and tbe reports were
lead, and ordered 4o lie (or consideration.

Mr. TirPiH.from the committee, reported a.biil
to extend tbe time for making payment* for the
public lands of ttui Uoiied Sutes correctly en-
grossed ; and the bill was read ibe third time and

The bill, entitled '-An bc( making iippropria-
tiona to complete the fortiScalions commeneed
for the security of the seaport towns and hatbon
of (he United Stales, and to defray the expense of
deepening, and ezttoding lo tbe river Mississippi,
tiie canal of Carondelet," was read the second
lime, and the coDsideration of the bill wa* post-
poned until to-morrow.

The bill, entiiled " An act to reme and con-
tinue for a further time, the authority of the Com-
missioners of Easkaskin," was read the second
lime, and referred to Messrs. Andebbon, Pope,
and 'THRTTSTOit, id consider and report thereon.

Mr. MiTOHiLL, from the committee to whom
was referred the bill, entitled " An act for the re-
lief of William White and others," reported (he
bill without amendmeDl; also, astaiemeptof fact
OD the subject-matter thereof; which was rea
for consideratioD.

Mr. TflRUSTOi* gave notice that he should tt
morrow ask leara to bring in a bill to repeat to

much of an act or acts as authorizes the eouns of
he United States to make compensation to (heir
ifficers for unenumeraipd services out of (he pub'

lie Treasury; also, a bill Gxiog the allowance to

be made to private physicians and surgeons em-

ploTed in the public service.

The following Message was received from ihe

PflEBIDEHT OP TBE UmTED StATEB:

To the Senaie and Houte of

R^tramtativa of Ike VnitedStata:

I transmit to Congress a letter recently receiTed from

ir Minister at the Court of St. James, covering one to

m from the British Secretary of Stale, with bis reply.

These are commaDieated as forming a seqnel to the

spondence which accompanied my Message to

both Houses, of the 17th inetanL

TH. JEFFERSON.

JiaiTiBT SO, 1B09.

The Message and papers were read, and one
thousand copies thereof ordered to be printed for
' e use of the Senaie.

The hill authorizing the sale and grantof a cer-
tain guanlity of public land to the Chesapeake
and Delaware and Ohio Cilnal Companies, was
read the second time, and ooosidered as in Com-
mittee of the Whole; and on motion by Mr. Llotd
to amend ihe bill, it was agreed that the further
consideration thereof, together with the araend-
meot. be postponed until Wednesday next.

The hill, entitled " An act for dividiog the In-
diana Territory into two separate governments,"
was read the third lime, and the further consid-
eralioQ thereof postponed until to-morrow.

Tbe Senate resumed tbe consideration of the
motion made the 27ih inslaot, and

Regolved, That a cOmmiiiee be appointed to
prepare and bring in a bill making proviBion for
the support of such of (he Judges of the United
States as, from age, sickness, or infirmity, shall be
unable to discharge the duties of their offices, and
who shall resign the same; and Messrs. Bayaru,
Crawtord, and BhadleV, were appointed the

toEBDAT, January 31.

Mr. Orboo presented the memorial of the Pre-
sident, Managers, and Company,' of the Philadel-
ghia, Brandywine, and New London Turnpike
,oad, praying the assistance and support of Con-
gress in theii undertaking, for reasons mentioned
ID their memorial ; which was read, and ordered
10 lie for consideration.

Mr. GAit-LAan presented (be memorial of (he
officers of (he American Rev'ilu(ionary army re-
siding in the State of South Carolina, praying to
be allowed remuneration for their losses in conse-
quence of receivins commuiaiiOn in lieu of half-
pay for life ; and the memorial was read, and re-
ferred to Messrs.QBEoG, Mitch ill, and CHAwrOBn,
the committee to whom were referred, on thel2(h
Deceinber las(,sim

:l ther

lis, lo consider end

. . Thrdston asked and obtained leave to
bring in a bill to repeal so much of any act or acta
as authorizes the courts of the United States to

.yGoogIc

HISTORY OF CONGRESS.

SlMATK.

make compeDtaiioik id their officers for uoenu-
menieil aervicea oui of ibe public Treasury; and
the bill w» read, and ordered to the second
reading.

The Senate reaumed, ai ia Cominittes of the
Whole, the bill sent rrom the House of Repre-
sentatives, entitled "An act making appropria-
liona to complete the fortiGcations commenced for
the aecurily of the seaport towos and harbors of
the United Stales, and to defray the expense of
deepenins, and esiendins to the river Miasisiippi,
the canalof Caroodelei."

On moiionof Mr. BBAnLEV,itwas ordered that
the further consideration ofthis bill.be postponed
until to-morrow.

Tlie Seoate resumed, as in Committee of the
Whole, the bill to provide for the incorporation of
religious societies in the Dlsiriet of Coiainbia ;
and the Presidsmt having reported the bill to the
Housewithout amendment, on the question, Shall
the bill be engrossed ADd read a third time? it iraa
determined in the affirmative.

The Senate resumed the third reading of the
bill, entitled "An act fur dividing the Indiana
Territory into two separate governments j and it
was resolved that this bill pass.

Mr. BAVARn, from the committee to whom the
subject was referred, reporied a bill making pro-
vision for Judges of the United Slates, in certain
cases; and the bill was read, and passed to the
second reading.

We ONES DAT, February 1.

The Senate resumed, as in Committee of the

Whole, the bill, entitled " An act making appro-

Rriations to com'pleia the foriificalions commenced
)r the security of the seaport towns and harbors
of the United Stales, and to defray theexpeoae of
deepening, and extending to the river Mississippi,
the canal of CaroDdelet; and the President hav-
ing reported the bill to the House amended, it
ordered to the third reading i
The bill making proviaio.
United Slates, in certain casi
ond lime, and considered as I
Whole } and no amendmenia being offered, . ..

Sneation, Shall ihia bill he engroaaed and read a
lird time? it waa determined in the negative.
The bill to repeal so much of any act or acts to
BUthoriie thecourtsof the United Slates to make
compensalion to their' officers for .uoenumeraled
services out of the public Treasury, was read the
second lime, and referred to Messrs. Thbhstoi*,
Batard, and Anderboh, to consider and report
thereon.

The bill, entitled "An act for the relief of Wil-
liam White and otheTs,"was resumed, asin Com-
mittee of the Whole ; and, after debate, the Sen-
ate adjourned.

Tbubsdat, February 2.

The credentials of Samdel White, appointed

a Senator by the Legislature of the Stale of

Delaware, for sis years, commeDcing on the dih

laded.
1 for Judges of the
:s. was read the sec-
n Commi

of March next, were read, and ordered to lie on

file. I

Mr. SxtTR, of Maryland, presented the peti- '
tioD of Robert Brent, and others, inhabitants of |
the City of WashinstoQ, praying that a aompeii* ,
may be incorporated for opening a canal ilirougn
the city, fur reasons mentioned in the petition;
which was read, and referred to Messrs. Svitb of
Maryland, Batabd, and Whitb, to consider and
report thereon.

Mr. Bayabd stated that he, together with hit
cnlleague, were instructed on the subject, and
submiiied the following resolution, which was

Reiotved, That the Secretary of War be re-
quired to inquire and report to the Senate whe-
lUer ii be expedient that one or more batteries or
furtificBiions should be erected at or near Wil-
mington, at or near Newcastle, at or near Port
Pena, at^d at or near Lewis in the State of Del-
aware, for the protection of the said towns and
the country adjacent ; and in case he be of onin-
ion that it would be expedient to erect such nai-
leries or foniSeationa, that he report whether
any, and what, additional appropriations will be
necessary for the purpose.

Mr. Tiffin, from the committee, reported the
amendments to the bill, entitled "Ad act making
appropriations to complete the fortifications com-
menced for the security of the seaport towns and
harbors of the United States, and to defray tbe
expense of deepening, and extending to the river
MisBLssipni, the canal of Oarondelet," cotreclly
engrossed, and the bill wai read the third time as
amended.

Rmolved, That this bill pa^a as aneDded.

Mr. TiFFin, from the committee, reported the
bill to provide for the incorporation of religious
societies in the District of Columbia, correctly
engrossed; and the bill was read the third lime,
and passed.

Mr. Tbbdbtok asked and obtained leave to
brin^ in a bill Bxing the allowance to be made
to private physicians and aurgeona Employed in
the public service ; and the nil! waa read, and
passed to ihe second reading.

The Senate resumed, as in Committee of (he
Whole, the bill aulhorining the sale and grant of
aceriain quantity of public land to tbe Chesa-
peake end Delaware and Ohio Canal Compa-
nies, and the motion made oo the 30th of Janu-
ary to amend the bill was withdrawn.

On motion, by Mr. Llotd, to ttriko out the
sixth section of the bill, as follows :

" Sic. 6. And be it Jtirthtr enacied, Th»t s quan-
tity of Isnd, not eiceoding acres, shall be sold

and granted to the Ohio Canal Campany, at the rsU,
and subject to sjl the rules, regulatioos, and conditioDi
or the grant msds by this hill to ths Chesapeake and
Delaware Canal Company, to bs located an any of the
public ionde of the United States in the Indiana Terri-
torr, in the manner provided for ibe said Chesapeake
and Delaware Canal Companj:"

It was deiprmiaed in tbe affirmative— jreaa IB,
naysll, as follows:

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341

HISTOET OF 0ONGKB8S.

Febbuirt, 1806.

Sbkatb.

Yii*— Mcura. Bndlej, Coudit, Franklin, OaUlwd,
Gile*. Gilnui, Goodrich, Gregg, HiltbooM, HanrUml,
Kilchel. lieib, Lloi^il, Pftrkei, Pickering, Robiiuoii,
Smith of New York, iDd Sumter.

Niia — Mesin. Aadfiion, Bajud, Crawford, Meiga,
Milledge, Pope, Smith of TeoDeEHe, ThniitoD, Tif-
' fin. Tomer, and White.

And the bill having been furihrr amended, the
President reported it to the House accorditigly ;
and OD the qtipsiion, Shall this bill be engrossed
■od read a ibird titne as ainendedl it was deler-

eeOirn

Ordered, That the bill, entitled "Atl act Tor
the reLier of William White, and others," be
r further potlponed.

' Friday, Pebmar^.
The bill filing the attowance to be made to
prirate physicians and surgeon* employed in the

Siubtic service, was read the second lime, und re-
erred to Messrs. THauaTow, LstB, and Cokdit,
; to consider and report ihereoD.

Mr. Tiffin, from the camroillee, reported the
bill authorizing the sale and grant of a certain

Kiantity of public land to the Cbesapeake and
elaware Canal Company, correctly engrossed ;
and the bill was read the third time, and (he
blanks filled as follows: First, two hundred thou-
sand acres ; second, two thousand shares ; third,
four hundred thousand dollars; fourth, seven

Reialved, That this bill pass, and that the title
thereof be''Anact auihorizia^ the sale anderani
of a certain quantity of public land lo the Ches-
apeake and Delaware Canal Company."

A message from the Houiie of Representatives
inroro:ied the Senate that the House do not coD-
car in the amendments of the Senate to the bill,
entitled "An act making appropriations to com-
plete the fortifications coraiiieDced for the secur-
ity of the seaport towns and harbors of the Uni-
ted Stales, and lo defray the expense of deepen-
ing and extending to the river Mississippi the
CBttal of Caroade^t."

Mr. Akdersok, from the committee to wbom
was referred the bill, entitled "An act to revive
and continue, for a further ttme, the auriiarity of
the commissioners of Kaskaskia," reported the

of the bill WAS postponed to Monday next.

The Senate proceeded to consider their amend-
ment to the bill, entitled "Ati act making appro-
pristioni to complete ibefortjticaiioDs commenced
for the security of the seaport towns and batbors
of the United Sutes, and to defray the expei
of deepening and extending to therirerMis!
sippi the canal of Carondelet," disagreed to by
the House of Representatives; and it was agreed
that the further consideration thereof be post-
poned.

Mr. PoFI gave notice that on Mondav next h(
should move for leave to bring jn a bill auihori-
ling the sale and i^anl of a certain quantity of
public land to the Ohio Canal Compaiiy.

Mi. ARDBBaoH gave notice thai h« ahonld,

Monday next, Btk laave to bring in a bill lo an-
'lorize the making of a turnpike road from Ma-
m's causeway to Alexandria.
Mr. SuiTB, of Maryland, submitted the follow-
ig motion, which wa« read and agreed (o :
Raohed, That a committee be appointed, to join
such committee aa maj be appointed b; the House of
Reprnentatives, to ascertun and report a mode of ex-
amining the Totea for Pieii dent and Vice President, and
of notifying the persona elected or their election; and
Jbr regulating tho tine, place, sod manner, of admin-
iatering the oath of office to the PreiidanL

Ordered, That Messrs. Shitb of Maryland,
and Gaillahd, be the committee on the part of
the Senate.

M'oHDAT, February 6.

Mr. Snitb, of Maryland, from the committw

to whom was referred the petition of Robert

6i«nt and otbera, b; permission, repoiled a bill to

passed to the second reading.

Mr. Anderbon obtained leave lo bring in a

11 to anthoriie (he making of a turnpike road
from Mason's causeway to Alexandria j and the

II was read, aud passed lo the st-cood reading.

The Senate resumed ihe consideration of their
■inendtnent, disagreed to by the House of Rep-
reseniaiives, to the bill, entitled "An act making
pproprialioDs to complete the fortifications eom-
nenced for the security of theseapnrt towns and
harbors of the United States, and to defray th«
uf deepening and extending to the river
Mrssinippi (he canal of Carondelet; aud, on mo-
■jn.by Mr. MiTontLL,

jRetolved, That the Senate do recede from theit

id amendment.

The Phesideht communicated the report of
(be Commissioners of the Sinking Fund, stating
that ihe measures which have been authorized br
the Board, subsequent to their report of the 5tQ
of February, 1808 so far as the same have been
completed, are fully detailed in the report of the
Secretary uf the Treasury to tbii Buard, dated
tbe third day of the present month, aud in 10e
statements therein referred to, which are there-
with tranattiitied and prayed to be received aa
part of their report. And the report was read,
sod ordered lo lie for consideration.

The bill, entitled "An actio revive and contin-
ue for a further time the authority of tbe Com-
misaiotiers of Kiskaskia," was resamed as in
Committee of the Whole; and the conttderation
□f tbe bill further postponed.

A message from tbe House of Representatives
informed the Senate that the House concur in
the resolution of (he Senate for the appointment
of a joint committee (o ascertain ana report a
mode of examining the votes for Ptesident and
Vice President, and of notifying the persons
elected of (heir election; and for regulating the
time, place, and manner, of administering the
oaib of office to the President, and have appoioi-
their part.

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HISTORY OP CONGRESS.

Tdesday, February 7.

The bit! to authorize the making of a laropike
road from Mason's cau&eway to Aleiatidria was
read the secncd timp, ond referred to Mesani.
Anderson, FiitNKLiN, and Smith of Maryland,
lo consider and report ihereon.

Mr. Smith, of MBrylaoJ, from the joint eom-
appoinied to ascertain and tepoti a raodi

of examining ihc roles for President and Vice
Fre&idcnt, and of notifying the persons elected of
their eleciion, aod for regulating the lime. plac,e,
and manner, of sdminislering the oath of office
to the rresident, reported in part the following
resolatioD ; irbich was read and agreed lo;

Raoived, I'hat the two Housei ihall uaembte in
Ike Chember of the House of KepreraaUtiTes, on
Wednesday ncit, at 13 o'clock i thst one person be
appointed a teller on the part of the Senate, to make a
Ual of the votes as thcj shall be declared ; that the r»-
■ult ihall be delieereil to the Fieaiileot of the Senate,
who shall announce the state of the vole, and the pei'
aons elected, lo the two Houses aasembled aj aforesaid;
which shall be deemed a declaration of the persona
•lected President and Vice Preudenl, and, together
with a list of the lotes, to be entered on the Journals
of the two Houses.

Ordered, That Mr. Smith, of Marylaod, be
appointed teller on the part of the Seoate, agree-
ably to the foregoinz reaotution.

A message from toe House of RepreseDtatives
brought to the SeiiW"[he sereral memorials
from sundry citizens of the State of Mai>sachu-
aetts, remonstrating against the tnode io whieh
the appointment of Electors for President and
Vice President has beep proceeded to on the part
of the Senate and House of Represeoialires of
aaid Stale, as irregular and unconstitutional, and
praying lor the inierference of the Senate and
House uf Re present at Ives of the United States,
for the purpose of prereniing the establishment
of so dangerous a precedent."

The mess^e last mentioned, referring to the
memorials of^sundry citizens of the Stale of
Massachusetts, was read. ,

Ordered, That the message and memorials lie
ov the table.

The Senate resumed, as in Cominiitce of the
Whole, the bill, entitled '-An act to rerive, and
continue for a further time, the authority of the
Commissioners of Kaskaakia," and no amend-
ment having been proposed, the bill was ordered
to the third reading.

The bill to iDcorpocale a company for opening
a canal in the City of Wa.ihington was resumed
BS m Committee of the Whole, and no amend-
ment haiins been proposed, on the queaiiun.
Shall this bill he engrossed and read a third time?
it was determined in the affirmative.

A message from the House of Representatives
informed the Senate that the House agree to the
report of the joint committee " appointed to as-
certain and report a mode of examining the rotes
for President and Vice President, and of notify-
ing the |terM>os elected of their eleciion, and to
regulate ibe time, place, and manner, of admiu-

islering the oath of office to ihe President," uj
haveappoioted Messrs. Nicholas and Vim Din
tellers on their part.

Wedkebday, February 8.

The Phebident laid before ibe Senate ■ Itllrr
from Joshua Clark, an American seaman, staiii^
that he was imprisoned at Bordeaux, and oiIih-
wise experienced great suSeriugS, under ibtm-
thority of the American Consul at that phcl^
and praying redressj and ihe letter was read.

Ordered, That it be transmitted to the Sew
tarv of Slate.

A message from the House of Repreienliiira
informed the Senate that the House is nowmd)
to attend the Senate in opening the cerlificiia
and counting iM voles of the Electors Dfilit
several Slates in the ohoice of a PresideniuJ
Vice President of the United Slates, iu puio-
ance of the resolutions of the two Housts ol
Congress of the seventh instant ; and ihar ikt
President of the Senale will bciniroduced lolbt
Speaker's Chair by the Speaker of the Houao!

The two Houses of Congress, agreeably to <bt
joint resolution, assembled in the Represenutii(/
Chamber, and the cenilicajes of the Elecionfe
(he several States were, by the President of ijx
Senate, opened and delivered to the letlmf'
pointed for the purpose, who. hariog eituiial
and ascertained the number of votes, preseniedi
li?t thereof to the President of the Senate, abeb
read, as follows:

ForPresideDL For Vice Piwi^'*''

ConnecUcut

Vermont
New york
New Jersey '

Delaware

Maryland

Virginia

North Carolina

South CaroTinB

Georgia

Kentucky

TennesBM

Ohio

Totab

The whole number of r<
8 make a majority.

SI'.

!.b.ii.,17S,ortrlii4

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345

HISTORT OF CONGRESS.

316

Febrdart, 1809.

United Slalei for four yeara,
ihe fourth dav of March oexi ; aod Qgoroe
Clinton VicePretideat of the United Sutes Tor
four vears, commeociB; with the fonnb dajr of

The votes of the Electors were then ttelirered
to the Secretiry of the Senate; the two Houses
of Congress separated ; and the Seoac* returned
to their own Chamber.

On motion, by Mr. Smits of Maryland,

Retolctd, That the President of the United
Slates be requested to cause to be delivered to
Jaues MtniBON, Esq. of Virg-inia, now Secretary
of State of (he United Slates, a notification of bis
election to the olEee of President of the United
Stales; and to belransmitted to Qboroe Clinton;
Esq. of New York. Vice President elect of the
United States, notifiCfltiun of his election to that
office; aad Ibat the President of the Senate do
make out and sign a certificate in the words fol-
lowing, m:

Be it kneum, That the fienat* and Uooie of Rcpre-
■cntatiici of the United 8t>tei of America, bsiog con-
vened U the Cil7 of Washington, on the lecood Wed-
neidij in February, in the year of oar liOrd one
thoaiand eigbt hotidred and nine, the nnderwritten,
PreaidenC of lbs Senate on) tempore, did, in presence
of the said Senate and Home of Repreeen tali vet, open
all the cercilicatea and connt all the votei of the Elec-
tors for a Preaident and Vice Prtddent of tba United
States. Whereupon, it appeared that JiaisMiDisoH,
of Virginia, had a majonty of the lotes of the Eteotois
u President, and Gioaaa Clihtos, of New York,
had a maiority orthe votes or the Bleetoca as Vice Prs-
iident. By all which it appears that Jivis Madisox,
of Virginia, has been dniy elected President, and
GioBsa ClihToK of New York, ha* bean da(y elected
Vice President of the Uiuled States, agreeably to the
Constitalioa.

la witnesB, whereof, I have herennto aet mj hand,
and caased the seal of the Senate to be affixed, this
day of February, 1809.

And that the President of the Senate da cause
the certificate aforesaid to belaid before the Pre-
sident of the United Slates with this resolution.

Mr. QiLBa lubmiited the following resolution :

Retained, That the several laws laying an embargo
on all ships and vessels in the porta and harbora of the
United Stales, be repealed on the 4th day of. March
neit. eicepi as to Great Britain and France, and their
dependeociei. and that proviaion be made by law for
prohibiting all commercial intercoune with those na-
tions and their dependeneiei, and the importation of
any article into the United States, the growtb, pro-
dnec, or manafactnre, of either of the said nations, at
of the dominions of either of them.

Mr. Giles also submitted the following- mo-
tion :

Retobed, That proviaion ought to b« made by law
far interdicting all foreign armed ihipa &om the watera
of the United Statea.

Tbcrbdat, February 9.

The Presidenl communicated a report of ih«
Seerelary of War, in obedience to the orders of
the Senate of February 2, rexpectiog fortifications
in ihe Slate of Delaware ; which was read, and
ordered'io lie for consideration.

The PREetoBHT communicated a letter signed
James Sykes. Speaker of the Seoaie of the State
of Delaware, enclosing a certifiaaie of the anpoinl-
men! of Samuel White, a Senator of the United
States, for six years, commencing with Ihe 4ih of
March next.

Mr. TiFnit,from the committee, reported a bill
to fncorporaie a company for opening the canal
in ihe Ciiy of Wasiiington, correctly engrossed.

Mr, Akobbboh. from the comnaitleB to whom
was referred the bill lo authorize the making of
a tarnpike road from Mason's causeway to Afez-
andria, reported an kmendmeut; which waaread,
and ordered to tie for consideration.

Frioay, February 10.

Mr. MiTcniLL, from the committee to wbom
was referred the petition of William Hardy, made
report. Whereupon,

Rtaolved, Tha^ the petitioner hare leare lo
withdraw hispelilion.

The bill to incurporale a company for opening
the canal in the City of Washingioa was read the
third time; and the blanks having bcKu filled, at
follows: first, one hundred thousand; second,
forty thousand i third, forty thousand —

Hftolved That this bill pass, and that the title
thereof be ''An act lo incorporaie a company for
opening the canal in the City of Washington."

The Senate resumed, as in Commitlee of the
Whole, the bill toauihoriKe themakingof a turn-
pike road from Mason's causeway lo Alexandria;
and the President having reporied the bill lo the
Home amended, on the queaiioa, Shall this bill
be engrossed nnd read a third lime as amended 1
it was determined in the affirmative.

Thebill,eniitled "Anact lorevifeandcoDlinue
for a further time the authority of the Commis-
sioners of Kaakaskia," waa read the third time,
and paated.

Satubdat, February 11.

Mr. Tirrin, from the committee, reported the
bill to authorize the making of a turnpike road
from MnsDo's causeway to Alexandria, eorrecilf
engrossed; and the bill was read the third time,
and paMed.

A message from the House of Re presen (alive*
informed tbe Senate ibai )be House have passed
a bill, entitled "An act mnkiog appropriations for
the support of Qovernmeni during ihe year 1809,
in which they request the euncurrence of Ibe

The bill last bronght up for ci
twice read by unanimous consent, and referred lo
Messrs. Smith of Maryland, Franklin, and
Crawford, to cootider and report (hereon.

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847

BISTORT 01 CONGRESS.

SiRATB.

Dithuraement of Public Moneyi.

February, 1609.

MotTDAT, Febru&ry 13.

Oq motion, by Mr. Qrgod, ibe follanin^ reao-
lulioD wu agreed to r

Jteaolved, Tbat ibe commiiree to whom ihe pe-
titioD of the mariae oiBcerE wbe referred, be lo-
tttucled to ioquirc wbelber any, and if aoy, to.
what extent, augmf Dialioa of the marine corps ii
neceasary ; aod that they be authorized to report
by bill or otherwise.

Hr. Wbitb presented two meinoriala fVom cit-
ieen* of the State of Delaware, whose aamea are
thereunto subscribed, praying the repeal of Ihe
embargo lava, for reaaont stated io the metnorials ;
which were read, and ordered to lie for cootide-

The Prebidekt communioated the memorial
of tbe iohabitanU of Point Coopee, in the Terri-
tory of Orleans, praying to be allowed the right
of pre-emption to certain lands rendered, fit for
cultivation by Iheireieriinns, or that tbe said lands
may be granted to ibem as a donation or compen-
sation for their industry, care, and ezpensej and
tbe memorial wu read, and ordered to lie for

DISBURSEMENT OF PUflUC MONEYS.

Mr. HiLLHODSE— Mr. President : I hold in my
hand a resolution, which t intend to submit to
tbe consideration of the Senate, at^er having made
a few remarhs to show the ground on woich it
rests, and ez|itained my reasons for bringing it
forward at this time.

In the discharge of my official duty, as one of
a committee to inquire afCEr facts in relatioo to a
Domination wbieb has recently been nnder the
consideration of the Senate, I was led to inspect
sundry accoonls and documents in the public of-
fices, from which I derire Ihe knowledge of what
I am about to state, and concerning which there
can be no miitate, as the several items are taken
from those accounts and docaments.

Having formerly had some acquaintance with
the manner of conducting business in the public
offices in relation to oor money concern), I did
snpptne there existed a complete check upon all
improper expenditures of public money, and a
perfect security against its being drawn out of
tbe Treasury in a manner not warranted by law.
One predominant and principal ground of secu-
rity^ 1 had understood to consist in the control
which the bead of each department had over the
busineas confided to his department, and his re-
sponsibility for a due and reasonable exercise of
hia discretion and judgment. But havini; dis-
covered, by,an opinion of tbe Senate lately ex-
pressed, an opinion which 1 am bound to reeptct,
that the Secretary of War is not responsible for
what I consider an improper eipenditure of pub-
lic money in that departnlent, I am of opinion that
some further and more effectoal provision ought
to be made. To show on what I ground my
opinion, tl^at there has been an improper disbnrse-
ment of public money, I will read part of two
■eciions of tbe law fixing the Military Peace Es-
tabliihmeni of the United States, passed March
I9tli, lS02j and exhibit a brief atatement of iacla.

Tbe 4tb section fixes the monthly compensation
of the Brigadier Qeneral as follows: "to the Brie-
' adier Qeneral two hundred and twenty-five dol-
' lara, which shall be his full and entire compensa-
' tion, without a right to demand or receive any
' rations, forage, travelliog expenses, or other per-
'quisite or emolument whatsoever, except snch
' stationery as may be requisite for the use of his
■ department." The fiflb section fixes the num-
ber of rations to which each officer and soldier
shall be entitled, by which no officer above tbe
rank of colonel ia entitled to any rationi at all.
Tbat section further provides that there shall be
allowed, "to the commanding officer of eacli
' separate post, such additional numbar of rations
' as the President of the United Stales shall from
' time to time direct, having respect to the ipeeial
' circumstances of each post." Under the pro-
visions of thai law there have been allowed, at
Nalcbitocbes, to Colonel Gushing double ratioai
from September 1st to 23d of October, 1806, aad
from tbe Sth to lhe20th of November, 1806. At
New Orleans, to Lieuteoant Colonel Freeman,
triple rations from July 1st to 11th Decenilxr,
1806; and to Colonel Gushing in Ihe like manDer,
front the I7[h December, 1806, to 2atb of Mar,
ISO? i and in June 1809, Brigadier General Wilk-
inson's accowit for extra rations at commandiDg
officer at those same posts was allowed as follom,

At Natchiioches, 36 ralioDS per day, from the

13ih to the 30tb September, 180S, 18 day* at Ht

ceals - - - - - nS 40

Same place, 36 rations, from October

1, to November 11, 180«, 8016 rations

at 18 ceota - - - - 272 16

At New Orleans, 36 rations per day,
from November 13, 1806 to34tb May,
1807, 194 days, 9,312 rations at 15
cents 1,047 60

Cluartera, stabling, Ae. from 25lh No-
vember, 1806 to 24th May, 1807, six
months - - . . aOOOO

ga.033 18

Notwilbslanding the express provisions of the
law, and the allowance of extra rations to oihet
officers at the same posts, the above account WR*
admitted by the Secretary of War, and sanctioned
by his signature ; but was disallowed by the Ac-
countant of tbe War Department as being against
the law of March 16tb, 1S02. Whereupon the final
decision was referred to tbe Camptroller of the
Treasury, who decided that the account mlebt
be passed to the credit of General Wilkinson, be-
cause it hgd been admitted by the Secretary of
War, with the approbation of the President ofibe
United States, and sanctioned by the opinion of
tbe Attorney General. By which it appears that
tbe approbation of the President of Ihe United
States, supported by the opinioo of the Atlornef
General, is considered as a sufficient authority for
the allowance of accouDia and the paymeal of

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HISTORY OF CONGRESS.

Fbibdaky, 180a.

Duburtement of Public Moneyt.

moaey in ilirMi oppoiitioii to > posiiirs law of
tbe Uoited Stales, ID error whteh ougbtiobeeor-

By iba act ^tablishiDg the Dq>anin«Dt of War,
IndJaD afiairs are placed uoder the directioB and
control of the SecietBrf of War; and ta itial De-
partment there have been allowed and paid, as
coDipeosaiioD to Indian Com misai oners to bold
treaties, for the table expenses of tbe Comiais-
s i oners, sDpplfing the loiliaits, and other expea-
Ks, the followiDK sums, riz :

To Oeneral Wilkinsoo, as compensation far
holdiog a treaty with the Cherokeea, at South-
west Point, from July 12lh, to Sepleniber lOih,
1801, at «8 per day - - - 443 00

The ChickasBws,at Wolf River.from
September lltb, to Oclobet 28ili
1801, at SS per day - ■ 384 00

The Cboctavis, at Fort Adams, from '
October SOtb to December 31sl,
1801, at $8 per day - • 512 00

At Fori Adams, treating with Choc-
taw ConimisaioDer* fui carrying
tbe last mentioned treaty into ex-
ecution, from January lat to Marcti
aad, 1802, at »9 per day - - 548 00

Tbe Creeks at Fort Wilkinsw, ftoiD
Mareb SSd to July IStli, 1803, at 96
per day - - - - 944 00

S8831 00

For the expense of the Commission-
er's table - - - .

For supplies for the Indians, inelad-
jog a part of the expense of tbe
Comn]issioper'stRble,whichcaDnot
be separated

For the amuunt of articles purchased
by the ^o art er master Qeaeral for
tbe use of tbe Commissioners

9,968 41
3,121 49

18,116 10

As compeusatioD to Benjamin Hawk-
ins, trom July 23d, 1801, 1 o June
21st, 18(B, 247 dBvs - - 1,976 00

Do. to Andrew PerEins, 61 days, in-
cludingtlSroriraTelliDgexpenses 506 00

it20.598 10

There has also been paid to Oeneral Wilkin-
son, as compensation for treating as sole Con)-
misaioner with ibe Chociaws at Fort Confedera-
tion, from July 19th to October 20th, 1802. 94
days, at §8 per day - - - - $752 DO
Marking boundary lines, from October
2L$t to 31si December, 1802, 72 days,
at t6 per day - - - - - 432 OO
Ditto ditto, coatinualiou from January
Ist to 28tb February, 1803, 59 days,

at do. 354 00

Ditto, ditto, Choctaw, west of. Mobile,
<bc., and Creeks, east of the Alabama,
&c., from March 1st to 3d Deeembar,
1803, 278 days, at do. . - . 1,668 00

Returning from Mobile to New Orleans
on his way to Philadelphia, from De*
cember 4th to 16th December, 1803,
13 days, at 98 per day

Returning irom New Orleans to Phila-
delphia aa Indian Commissioner, from
April 25ib to June Ist, 1804, 37 day*,
at ISperday -

296 00

3.606 00
For the personal expenses of Oeneral
Wilkinson for 1802 and 1803, is set-
tled SI the War Office - - -2,715 29
For expenses other than personal - 3,152 10

9.473 39

Officers of tbe United Stales receiring salaries
pr monthly pay, hare been occaaionally employ-
ed on other business for a short time, and, on ac-
count of extraordinary troubla and expense at-
[ending such employment, have received, in ad-
dition to iheir ordinary compensation, the per
diem allowance fixed by law or nsege for such
service. The present is, I believe, the first in-
siapce in which such an officer has been employ-
ed e»ery day in the year for two or three years
in succersloD, and has been permitted to receive,
in addition to hit entire salary or monthly pay,
a per diem allowance exceeding bis salary or
monthly pay,and the whole of his expenses. Tbe
salary of Jndge Ellsworth, while employed on a
foreign mission, had been received during his ab-
sence, by his attorney, bnt was refunded, and he
leceived only bis compenMlion as a foreign Min-
ister; and in the case of Mr. Jay, bis expenses
only were paid. There can be no propriety in
such alUwance, and a remedy ought to be pro-
vided.

There has also been allowed and paid in the
War Department an account amounting to
t6,ei9 72, for the table expenses of Oeneral Wil-
kinsoa and Qovernor Claiborne, from December
7ib, 1803, to April 24th, 1804, four months and
seventeen days, the lime they were employed as
Commissioners to take possession oi New Or-
leans, and for a private secretary 8548, and for
stationery 027 50, amouDline in the whole to
97,206 62. Tbe allowance ofthisaccountiiuo-
der the hand of the Secretary of War, who stales
ihat it was done by order of the President of the
United Slates. As ibis accoont had no relation
either to the military service or to Indian affairs,
I am unable to say why it was carried for settle-
ment to the War Deparlmeot and not to the Ac-
counting officers of tnc Treasury.

Iiappeats, by anihentic documents which I have
rxamioed, tbat there have been paid to General
Wilkinson, this favorite of the Adminisiration,
(for I think none other than a favorite could bare
obtained from the Treasury of the United States
money to sneh »n amount,) the following sums,
vii;

For bis pay as Brigadier Oeneral from March
16ih, 1802, the date of the law, to February 1,
1809, Kt 9326 per month • • -QlS^Ses 60

.yGoogIc

851

HISTORY OF CONGRESS.

352

Sbkatb.

Disbuntment of Public Motteif*.

FBBBniiv, 1809.

Por extr* rniions, qaarters, &e., ■* per
amount before Gtal«[] ...

For his campen<aiioD us Indian Com-
missioner, IVoru July 13. IBOl, to Jul v
18, 1802 - - - ■ -

For his compensaiion as Indian Com-
miuiooer, and running lines, from
July 19, 1802, to \n June, 1804 -

For his personal expenses for 1802 and
1803 -

For his Milsry as Qovernor of Upper
Louisiana from July 4, 1805, 10
March 2, 1807 ....

For amounl of moneya and supplies
furnished him by public agenls, with
which he is chargeable on ihe pub-
lic books, and for which he has not
accounted - . . - .

For moneys charged by John Wiikios,
laie Quartermaster General, as ad-
vanced to General Wilkinson, and
for which he has noL accounted

For secret service money, received
January 10, 1809, on the certificate
of the President of the United States,
for that sum "disbursed for objects
in relation to the contingent espen-
ees of iaiercourse between the Uni-
ted States and foreign nation?, the
specification of which disbursement
at ihii time is deemed Inexpedient"

For hia comnei
Ihei

U,470 21
To which, If there be added the table
expenses of General Wilkiason and
the other Comraitsioners holding
treaties in 1801 and 180Si, exclusiTe
of the expense of furnisbiDg the la*

dians 6,026 00

And tha table expenses ef General
Wilkinson and Governor Claiborne
at NewOrleans, from December 7th,
1803, to April 24, 1804 - - - 6,6ld 82

Makes the

sum of

66,116 03

More than S50,000 of which may fairly be
placed to the account of General Wilkinson.

It may also be proper, by some legislative pro-
vision, to regulate the business of advance pay to
the officers of the Army. There may be circuni-
■tanees when it would be proper, as when order-
ed on distant service ; but, unless regulated, it is
liable to great abuee, as is obvious from an in-
•pectionofGcneral Wilkinson's account, by which
it appears that he has received, since March lat,
1808. his pay in manner following, to wit:

Per warrant No. 1,114, signed by himself as
Commander'in-Chief, for hi* pay from Marcli

lit to June 30[h, 180S, at

hi* pay in advance for July a
guni, 1808, as per receipt Jun

Per warrant No. 10, signed by the Sec-
retary of War, for his pay in advance,
from September 1, 1808, to 29ih Peh-
ruary, 1809. per receipt July U, 1608 1,350 00

Per warrant No. 161. signed by the Sec-
retary of War, for his payinadvaoce,
Marcli, April, and May, 1809, three
months, per receipt November P"

675 00

the Sec

Per warrant No. 249, dated 16ih Janu-
ary, 1809, signed by the SecreUry of
War, fcr his pay in advance, from
May 1 to December 1, 1809, six

months 1550 00

There b only one other statement from the ac-
counts of the Department which I will mention —
that of Hetiry A. S. Dearborn, employed hy
'tary of War as an engineer to construct
Portland, from April 8lh to November
29lb, 1808, 204 days, at $3 pt r day - $613 OO
And an allowance of two per cent.
commission on the money expended,
being 830,796 97 - - - - 768 33

1,380 33

Which account has been paid. The compen-
atinn allowed was at the rate of more thao t2D0
ler mopth, when the pay of a brigadier general,
xclusive of rations and forage, is only $104 per
nonlh. The person employed had no claim to
xperience. While we have artillery officers and
. corps of engineers in public pay, ii would seem
s though aome of them should have been em-
ployed m such service.

Perhaps the accounts of Indian agents ought
be examined, to see if some provision be not
necessary to prevent the improper expenditure of
lubl ic money ; for in that businets there is great
jliLude of discretion, which opens a door to fa-
oriiism, which in a government like ours ousht
to be carefully guarded against. There meylie,
id often is, not only the appearance, but the ex-
cise of the must rigid economy, nay parsimony,
regards a poor soldier, or jierson having tittle
Huence, while there is a lavish expenditure of
public money on favorite.i.

Mr. HtLLHOUBE then offered the following res-
olution which was ordered to lie on the table.

Boohed, That • committee be appoLnted to eiamin«
md report whetbar any, and what, furlhar regulatiotiB
ir pravisions arc neceaaarj to check the aUimanca or
payment of eitraTa|[iint claims, or anreaaonabls ac-
ini] 10 pieveal an improper expenditure of pub*
3j ; and that the CMnmittee bo authorized to
the several Departments (br such inronnation
_>en as may be necasaary to aid them in their
inqoirj ; and to report bj bill or otharwi**.

jjGoogle

BISTORT OF CONGRESS.

354

FCMDJKT, 1009.

Partial Xeptai of Oe Embargo.

PAKTIAL REPEAL OF THE EHBABQO.

Tbe Seoate resQmml tbe con si ds ration o( Mi
GrLBs'i motion made od the 8th iastant, for re-
peating, ao thedtb of March, the liwi laying an
embargo oo ail Bhips aod tenselE in the porta and
harbors or the United States, except as to Oreat
BriiaiD aad-FraDce, and their dependeaeiee; acid
piohibiiiag all commercial iniercoune with those
DstioQs and their dominiooa.

Mr. GiLsa addresaed the Senate as follows :

Mr. President: In times of ^reat public trial
and difGcultjr, when a proposition deeply affecting
the character and the iaterebis of the nation is
prpsenied for adoption, an indispensable obliga-
tion is imposed upon its author la stale the con-
siderations'a pon which it is founded. Under this
impression, 1 shall now proaeed to make as full
and as franka developmentof my indacemenis in
moving the present resolution, as may consist
with the ordinary limits of disciisMon.

It is a circumstBQce greatly to he regretted, sir.
that as our dangers aod difficulties are increasing
and pressing upon gs, our diviNoni of opinion
reopecting the proper eourve to be parsned in re-
taiion la tbero. appear to be increasing in the same
proportion. This probably arises, in a great de-

Eree, from the oafortonatestate of mind produced
y collisions in argument. Qentlemen are in the
hatrit of bending their whole thoughts upon the
diicovery, not only of 'arguments for fortifying
their own opinion*, but for repelling the differing
opinions of their friends. If this habit ofreBec-
lion could be reversed— if each genttemaa could
prevail upon himself to give full weight to the
arguments, to respect more the.opiniona and mo-
tires of his friend, and to doubt mora the infalli-
bility of his own, it is scarcely possible to beliere,
that when an union of interests is admitted by all,
but that »ome point of

ir, when the fatal consequences of di'
so obsious to all, that the urgency of our difficul-
ties will produce this course of refleeiioa 7 Amidst
all theiB dlBiculiies. it is fortunate however, that
there is ooe point in which we are all united—
that is, misiaoce to farei^o aggresaioDs. It is
true, no vole upon that point specifically has yel
been uken in this House ; but in the other House
it has, afiar much discussiou and ^real delibera-
tion, and the result was as near unanmity as could
be expeeisd upon any occasion iavolving so many
considerations. Thsonly poiDlsofdiffereDce now
to be adjusted and compromised, relate to the ex-
tent of that retUlance, and the mode of its applt-

The resolution I h«*e bad the honor to submit,
is brought forward solely in reference to those
points; and is dictatadbylbalipirit of concession
and conciliation which I have taken the liberty of
leeommeoding to others, and which, in my judg-
ment, is imperiou^lr demanded' by the present
eritieal situation of our affairs.

I am fully sansible, Mr. President, of the high
responsibility incurred by moving the present re-
■olation; and I also know, that wheD nothing is
10th Con. 2d S»« IS

left us but a choice oTdifficulties, it is much easier
to criiicine any expedient that may be chosen,
than to devise and present a better for considera-
tion. But, sir, it Khould be recollected, that merely
to criticise or find fanll, when no expedient is left
us altogether free from objection, is the most sub-
ordinate office that genius can perform j and at
(he same time it is the least honorable for tbe in*
dividual, and the most unproGlable to the nation
and 10 the people. I mate this observation, not
with a view of deterring gentlemen from bringing
forward any fair objections to the resolution un-
der consideration, but merely to remind them that
1 shall consider the task nnaccomplished, until
they present some subsiiiute better calculated to
savA the honor and protect the interests of the
nation; and when this is done, I will readily pay
ihem tbe tribute of superior wisdom, and unite
with (hem with the most fervent devotion.

The resolDtioR before you, sirj is not the one of
my choice, nor tbe one by which I could wish
that my responsibility could be tested. It is the
offspring of conciliation and of great concesnion oa
mjp part. I feel, sir, in common with my fellow-
citizens a great repugnance to war. ] think the
dreBdfoi resort shonld only be made in acaie of self-
defence. I protest Rgainst war merely for (he pur-
poses of conquest, or aggrandizement : but in my
optnion,warisamplyjusiiSedbytheexiitingcrisis.
In ray judgment, il thepublii: sentiment could
be brought to support them, wisdom would dictate
(he combined measures of embargo, non-inter-
course, and war. I have no doubt but that their
combined Influence would beihe most efGcicioua
in meeting and subduing (he crisis ; but, sir, very
few gentlemen, I believe, have brought their
minds up In this state of enerey ; and perhaps, in
the preacDt state of the public mind, distraoled
and drawn by varions delusions, as it is, from (ba
source of our injuries, the experiment might
be deemed B rath one, <ve& if i( could be obtained.
I have, however, sir, so much conSdence In the
good seme and patriotism of the people, and in
the efficacy of these measures, (hat 1 will briefly
state their probable effects for The consideration
of tbe people; and I am (be more disposed to do
10, beeanse I believe the time is not past, but it
fast approaching, when the whole energy of tbs
nation must be called forih (o save what we have
lef( of our honor, independence, and denreal inter-
esta. These would be tbe obvious effects of the
combined influence of the meaaurn augvested.
Embargo would deprive our real enemy of many
of oor productJona which I believe to be iudispen-
aable to his prosperity in many respects. Non-
inieroourse would deprive him of oor market for
hia surplus manufactures, an operation not less
injurious to him than the other, whilst war could
be made to retort upon bim some of the evils of
his own injustice. I would preseot nothing of
value to him on the ocean, to whet hia cupidicy,
and stimulate him to a perseverance in the war.
I woald front him on the ocean with emptv de-
structive Bhips,hrave and bardy defenders of (nem,
and rusty iron guns. If he achieved a conquest,
it ahoold be a conquest of hinl knoeks, while Ihete

.yGoogIc

356

mSTORT OF CONGRESS.

S5e

Ptwtial Repeal of the Embargo.

PismMkKV, 1809.

ihould lie noihinp of value lo gratify hi* cupidity,

I would at the Eame time, seize upon hi* coloo-
ial possessioDs upon ihis coDiioent. If the whole
eoergy of the cation could be broughl lose! vigor-
ously in this way, I will VFDlure to predict, that
within six months Gieai Britain would be brought
to value our rrieoilaliip an much as bhe would 10
deprecate our eomiiy. But, sir, whilst I would
apply the scourge with one hand, with all the
severity which the active energy of the whole
nation could inflict, I would, with sinceriiv and
good faith, hold out the olive branch with ibe
other; my demands should be raoderale, and
wiibin the limits of justice. And believe me,
Mr. President, Great Britain would sooo learn
how to make a choice. Whilst, sir, you would
expose nothing of value to her, she would
cessarily present lo your spoliations a rich c
merce, a commerce which her Ordwi in Council
were intended to enlarge, and which she considers
as almost iodjapensable lo her national existence,
Permit me al the same lime lo express an opin-
ion that the whole British navy would be verj
far from aflording a competent proleclion to thi)
wide spread (jotnmerce. With respect to preju-
dices agaiasl the embargo, I would rematK, that
considering the zeal, ability, and attiSces, which
have been employed to excite them, particularly
in one section of the Union, il is matter of sui
prise that the pmple have submiiicd to the pti
valions, which have been delusively ascribed to
thai measure, with no greater discontenis than
have been manifested by ihem ; and ihe experi
meQi has rather eooGrmed, than lessened, my
opinion of the patriotism of the people; but
perhaps so many ptejuilices have been excilei
to justify some relaxation in that respect. In
that case however, letters of marque and reprisal,
and the invasion of Canada ought, in my judg-
ment, to hnve been subi>tiiuied j war would then
have been leaorted to in a less efficient foi
the people upon the experiment, I have no doubt,
would regret the sacrifice ; but Lhe Houre of Bep-
lesentaiives has thought pro|>er to reject that pro-
position, and the one now offered seems, to be the
next best calculated to save the honor and pro-
tect the rights and ioteresie of the nation.

1 have never relied so much on the coercive ef-
fects of the embargo, singly, as $ome gentlemen
have done ; and 1 have at all limes been of opin-
ion that preparations for more efficieoimeasures
ahould have been made to come in aid of, or to
substitute the embargo, whenever it .should be
ascertained that it had failed of tU coercive ob-
jects. I nas, notwiibstanding, willing at the
commencement of the present session to perse-
vere in the system uniii the events which I an-
ticipated should take place in Spain, and become
Itnown in Great Britain, and until the early pro-
ceedings of Congress should also he known there.
It appeared to me chat if a relaxation on Ihe pan
of Great Briiato, should not be coerced by the in-
fluence of these events combined, upon their first
impression in Great Briiain, all hope of a relax-
ftlioQ from the embargo alone would then be at

end.'aod that no other alternative won Id be
us hut war. The first impression produced
by these results, would probably be the greatest;
because the spirit of speculation would be stimu-
lated thereby, and the natural effect of that spirit
is to drive prices beyond the level which would
be produced by the ordinary causes ; and if, nndei
sucli an impression, no celtxation should lake
place, none could be .afterwards rationally ex-
pected. Mv sincere love of peac^ and the lillls
remaining hope of avoiding war, induced meal
that time siernly to set my face against the re-
peal of the embargo; but I then thought, and
still think, (bat at tome period of this sesiion
some other measures cught to be resorted tCL
either with or without the embargo. That period
is now arrived, submission cannot for a moment
be taken into CDosiderHiion. The deeisivt eaarie
of measures which I conceived were imperionity
demanded by the existing ciicumstanees of the
country, are still more airongly called for hy ibe
contents of M^-. Ganaioe's letter of ihe 23iol
November last, to Mr. Pinkney. Thia letier I
have heard represented as wholly unimportant.
I view its contents in a very different light. 1
deem Ihem highly importdnt They go to take
away my last hope or peace. They go lo satisfy
my mind, that we have now no aliernatlTe but
war. Submission is out of the question. Per-
mit me to read as extract or t«p from that letier.
upon which my opinion it founded. They will
be found in pages 13, U, of the last printed Mes-
sage of the President —

"The parpoio af this lettor is not to renew ths di»
CDBiisn upon tba mbject of your propoatl, bot mciHj
to dear up any miinnderstsnding which had eiislvd
hptneen us in the course of that discunion. 1 csnimt
coudude it, however, without advartlng very Jiortly ts
that p»rt of your lettsr, in which you argno thst lbs
fsiluie of Frinee, in the attempt to realizs hei gigsntic
project of the annihilation of tha cAmmeiee of this
country, removes »U prcteit for the continuance at the
retaliatory system of Great Britain."

"If the foundation of the retaliating tyatem of Gieil
Britain waa, (aa we contend it to have been) oiigiailly
jnst, that system will be juatifiably continued in foree,
not BO long only, ai the decrees which produced it ti*
mi»cbie*ou»ly operali™, but until they are naeqaivo-
cally abandoned, and, if it bo Ihue consiatent with jus-
tice to persevern in (hat aystem, it is sarely no meti
motive of policy Ibi such peiaeverance, that a prama-
luie departure from it, while the enemy's original p"*"
vocation remaina nnrepealed, might lead to false eea-
elnaiona, aa to the efficacy of the decreet of Franeti
and night hold out a dangeroua temptation to thai
Power (o reurt lo the aatne ayiten on any fatait
occasion."

Here we find Mr. Canning, alihoDgh in a tone
somewhat different, not only confirming his re-
jection of the first and honorable overture made by
Mr. Pinkney, for the revocation of the hoslile
orders &.c.. contained in his letter to Mr. Pink-
ney of the '23d of September preceding, but «e
find him introducing the subject apparently for
the purpose of preventing any Biinilar overture,
under any circumslaoees, and expressly declaring
that the orden shall eoDliaae ia force, not only

.yGoogIc

mSTORT OF CONGRESS.

358

Partial Repeal of Ou Embargo.

Sehatb.

so lont; a« the French decrees thall be mischie-
Touily operetJTe, bul uaiil ihef shdl be unequiv-
ocally abandoDed. and kSTei ■ siroiig inference
OD my mind that they are not to be abandoned
on any lerms; and, I belieTe, are intended to be-
come tbe permanent law of the land. If this
point were clearly ascertained, surely ill America
would eagerly unite in ihe war. But, sir, I sfiall
bave occasion again, in the onurse of the obser-
Taiiona I propose lo make, lo reronrk further
upon Ihe coDlenti oflhis letier. Although (his rei>
olution it not tbe onaof my choice, and is, as gen-
ilemea muii now see, seTeral points below the
ground which in ray judsment the best interests
of the nation would authorize and require us lo
take, yet I will state some of the effects, whiclk 1
presume will flow from it, and which, Duder all
circumstances, are the best thai can now be ob-
tained. It will put the deslrnctire influence of
the Orders of Council to the test of ptactical ex-
periment, and thus settle for us the question of peace
or war. It will be a resumption ofour commerce
wilh all nations, except the belligerents having
in force against us hostile orders or edicts, whilst
it will be a uontinunl protest against them. It
will manifest oar attention to the wishes and in-
terests of our Eastern friend*, who will not be
satiiified. of the destructiTe effects of the Orders in
CouDcil upon their commerce, by any inl'erences
drawn from ibe obvious meaning of those orders,
but insist upon a practical eiperiment upon them.
Their vessels may be put in motion, and trade to alt
coUDtries, where they can trade without compro-
miltiDgtheii own and their couniryVhoooi. It will
demonstrate the necessity of palling the nation
into a better state of defence, whilst it will post-
pone, for a lime, the resort to war; in my judg-
nient, the uliiniate and only reasource now left us

rinst belligerent iggreisinns. It is therefore
onlv remaining chance for preserving peace.
It will leave no chasm in our protest against the
belligerent orders and edicts, and thus far save us
the disgrace of submission.

I am bound in charity lo presume, Mr. Preaideni,
that gentlemen jnust differ eiieniially wiih me in
opinion respecting tbe canses of war, or it is not
possible that we should differ so much as lo ihe
propilety and necessity of retorting to it. 1 ibere-
tore propose to state with openness and candor
(he real causes of our infferings, ihe real causes
of war. These may principally be summed up
in (ha monstrous and eiiravagaut claim set up
by Oreat Britain to the despotism of the oc " -
The despotism claimed upon the land by Fn
although equally reprehensible, is less Jnjni
to us. It is fell, no doubt, with great severiiy by
those nations wbose situation hau subjected them
to its influence — but it has pleased a kind and
beneficent Providence to puce us beyond the
sphere of its destructive infiucnce, whilst the i~
potency of France, upon the ocean, relieves
from any great nod serious injuries from her upon
(hat element.

Qreal Britain has assumed the principle of the
conquest of the ocean, and, as a reward of that
conquest, asMrta and main tains (be right to carry

I herself tbe commerce of the world, or to pte-
ribe rules for conducting it by other nations,
d thus render it subservient lu her own views,
and her own inieresis. Thii^ claim of exclusive
dominion upon the ocean by Great Britain, ia
lilily against the rights uf all other natiooa.
s in fact war against all nations having equal
rights wiih hemeif to navigate ihe ocean, ll
compels all other nations either lo surrender to
Great Britain the.monopoly of ibe commerce of
(be world, or lo submit to such rules as she shall
prescribe for conducting it> This extravagant
jiion was eanctived by the British jurists aa
irly as ihe commencement of the French revo-
lion ; and since the destruciion of the French
fleet at Toulon, Ihe Qovernment has made sev-
'bI Bitempts to introduce it into practice ; some-
mes with more, sometimes wiih less restraint or
isguise. It is impossible for me to refer to all
le instances of Ibis kind ; I must, ihereforej turn
le recollection of tbe Senate generally to the
irious orders issued since thai time, restraining
antral commerce, in utter contempt of all public
.w,and acknowledged neutral rights. During tba
IterparlofMr. Pill'sadrainistraiionlhisdoctrina
had become popular, and ii was resolved to put
■" Into practice. It was, however, deemed proper
prepare the world for ihe recepiion of the mon-
■DUs pretension: accnrdinply, a pamphlet waa
■itlen a^ the precursor of the system proposed
be introduced for the government of the com-
;rcial world. I pay bul little respect to pam-
phlets in general, and should not now, but the
pamphlet alluded to baa always been represented
as written under the direction of the ihen British
Ministry, and intended lo prepare the world for
' new system of commercial warfare ; and in
this point of view it is entitled (o the most serious
eonsideralion, and (he rather, as the course of
policy recommended by it, has since been siHclljr
pursued by the British Ministry, and they hava
even extended ihe system since, beyond the ut-
most limit prescribed in ihal work.

The pamphlet alluded to, is entitled "War in
Disguise ." I beg to call the atlenlion of tbe Seik-
ate to (WO or three short paragraphs therein.
They will b« found in pages eight aad nine:

" Have we then lost the triumpbunt means of such
effectual warfare, or bave the andsnt fields of rictot;
been neglccledt

" Neither snch a misfortnns, nor such folly, can bs
■lleged. NeTer wm our maiilinip ■uperioritv mora
dediive thin in the last ami prsMnt war. We are
still the nniesiited masteis of every sea ; and the op«a
interconrao of our enetoies with their colonies, waa
never so complrMly precluded."

Here the preiension of the unresisted masters
of the ocean is explicitly assumed, and it can
hardly be necestary to remark, ibat ihe whole
policy recommended in the book, is founded upon
thai assumed principle. Again, in pa^es 183, 184,
in considering the prudence of applying Ihe pro-
posed remeily in regard to the colonial trane, I
find these expressions:

" The sum af all these opposing contidsratioai isama
lo ba this, ' wa nuy piovoke a qDarrel with the nak-

.yGoogIc

m

HISTOB.T OP CONORBSB.

Partial Septal of the Embargo.

Febbdakt, 1809.

tea] PowMi.' I propon, therefbre, brie&jlo coniidei,
Bnt, the degie« ofthu danger ; and neit, wbother the
erili of luch * quarreL. irceiUin,TioulJ begreaLer thin
.0 which wa at present aubr ' "

" It ii

• Gave

naif
■ent think (it la recall the indulgent ir
hu been » tnuob abuaed, and roTeit to the rule of the
war in 1766, nith tach niDdiEcetloni onlj aa can be
Mfelj allowed, great clamon Would imtnediately arias
in the nebtral coanlriea. The neutratiiing agenta,
deprived of a large portion of Uieir traudulenl gaina,
would eidaim aloud againat tbe meaiure ; and even
•nch merchanta ai have carried on the colonial trade
on iheir own account, would not be well aaliafied to
Snd their field qf commerce maleriallj naimwed b; the
•Bartion of our belligerent righta.

The neutral GoTommeDb therefore would, no doubt,
complaiD and remooatnite ; ' but would the;, if firm);
though temyeratel]' reatated, puih the eontroveri; into
a quarrel T' Would the; mainlain their preteneious
U the trade in question, at the eipenae or a war with
Qreat Britain 1 I finnl; believe tbej would not."

Th^se passages aerre to show, thHl the principle
VIS isauniFil wilh a Full koowledge of its <!e-
■tructive ioflueace on neutral rizhls.

The nvil, or the Foi AdminislratiOD. aeemed
to think (here was some hazard and delicacy in
making this unprovoked alUck upoD Ihe rigbu
of ali nations, and seemed lo entertain sucne
doubts of the practicability of the profligate tys-
ten; but (hey were compelled, by the iofaluaied
jurists of (he day, to make some ess&y towards
cmrrying it into effect; witness their orders of
January 7, 1807, iaierdicUng neutrals rram goiog
from one port lo another port of llietr enemy.
This exiraordinat^ order, too, was issued only
aevea days after signing a Treaty of Ami(y and
Commerce wilh the United States. But, xir.lhii
partial compliance with the public sentimcoi
could not retain them in office. The little re-
apect they retained for neutral rights, and theii
timid doubts, were amongst the causes which
drove ihem from office, to make way for .
getic administration — one totally destitute of alt
reapect for public law, for neutral rights — desii-
tnte of all the scruples and obligations of justice
I propose to give a short sketch of the history of
this energetic admioislralion.

lai. A» ill operations have aStcted otbei na-

2d. As they hare afiecled the United States.

Lei as see the consequences wjiich have re-
aulted, and which are likely to regult from this
eneriiy, origioatibg in folly and in pride ; siiiuu'
Uteaio its ends in Ulier disregard of every prin-
ciple of justice and of public law, and direciei] ID
unaKainable objects. Permit me, sir, in Ibis ex.-
position, to pay some attention to dales — they
will serve to illustrate some of my ideas. ""
change of Ministry took place either id (be
of January or February, 1807. Preparatii
executing this lawless system of energy were
made with great activity, and io tbe month of
August following, they were made to burst upon
tbebeadofanuniuspectiDgandanafiendingfr'

la that month, a surrender of the Danish
» demapded. This demand is founded upon »

fal^e aujcgeatibn, that the Danes had, by a secret
article in the Treaty of Tilsit, agreed to give up
heir fleet to'Ftance, to lacilitate the invasion of
Great Britain. This suggestion was utterly false

id unfounded, and so (he Miuiatry were'flady
told, lo their faeei, in Parliament afterwards, by
Lord HutcbinsoD, at that lime lUioistcr at the
Coart of St. Petersburg. Upon the refusal of
his iniquitous demand, Copenliagen was imme-

iately sacked, and a profligate and iodiscrimi-
natc slaughter of men, women, and children en-
sued. The Danish fleet was forcibly aeizeS, and
boine off in triumph. But. sir, with their un-
hallowed trophies, the British bore off tbe dis-
and detestation of the world, and left be-
liera ihe haired and iheenmitvof Deomaik.
_ _ u believe, sir, that lb« British Ministry, Ot
the British nation, have gained any solid adraa-
lage by this wanton display of energy? Do yon
belisve, sir, that the loss of character, and lbs
enmity of Denmark, are comnenseted for by (be
booty of the Danish fleet, which Qreat Britain
did no! want 1 No, sir. The one might eicite
in the nation a thoughtless and transitory exulta-
tion, but the otbtrs are durable lossea and staini,
which time itself cannot wipe away, to Jong a*
history shall remain to record (be acta of men
and of nations.

The next effort to display this energy makes iti
appearance in Sweden. A nation fightiog fwt
ila independence againat all Europe, and protected
from ibeir lawless power, more from the inacce»-
sibility of the country, its lakes, morasses, &e.,
thao by its resources and arms. Und«r ihest cir-
cumstances. Sir J. Moore, a great miliiaty chief,
is sent to offer lo the King of Sweden the aid of
British co-operation, probably the admission of
the British fleet into Swedish porta. How was
this flattering overture received by IhMt monarch,
in the depth of his dialressT Sir, lie ioiiantly
saw the danger of British perfidy, and he ordered
the messenger to be confined — to be iacareersted.
Bui, furtuoalely for bim, be esc oped in disfiuisa
and disgrace. For ihii, and other acts, the King
of Sweden has been called a ra^'dman ; but, sir,
this act, in my judgment, serves to show that be
is a statesman, as well as a soldier. The British
perfidy towards Denmark was the eause^ and tbe
justification, of his conduct. He had just seen
the British, upon a false suggestion, seize upon
the fleet of his neighbor, Denmark, and be justly
concluded,. that, if headmiited a British fleet into
his ports, bis fleet would also he seized upon, and
borne off, whenever the convenience or iolerestof
Great Britain should require it. He^e sir, are
seen some of (he fruits of the perfidious energy

fraclisrd upon Denmark. And. in the month of
uly, 1SD8, Sir John Moore returned to London,
to give some mysterious and unioielligible ac-
count of the . diagraceful issue of his perfidious
embassy.

About the tame lime, (hose genHous inlerpoten
in the affairs of other nations sent a fleet and army
to Poritigal, their friend and ally, to aid the Por-
tuguese (D expelling or subduing a French army,
then in the boaom of their country. Theae

.yGoogIc

361

HISTORY OF CONGRESS.

362

Febbd*st, 1809.

Partial Repeal of the Embargo.

wretched and deroted people. dMeited b; i weik
and impoicDt OoTernmeDE, left almost without
(he imailest semblance of ioIernHl police, and
ttrugi[ling DgainKt a Freach army in their bosom,
bailed willi accUmatioQi of joy the arrival of
iheir generous deliTeren, And what happeoi?
Id tbe moDih of Sepienber, foliowlng, a eooveti-
tion Sot [he evacualtoa of Purtugal is made by
the Britinh and the French — the Portuguese, the
ptJDcipaU m tbe war, and the at lie* of Qceai Brit-
ain, not ereo consulted — and, upon taking down
the French standaid of despotism, tbe Foitugueie,
with iodi^naiiun and astonishment, behold un-
furled, ia its stead, the British standard of de«-

I DOW God, sir, from tbe London oewipapers,
by the last accounts from Portugal, that a foraii-
dable r'^'J ''^^ risen up against the Reeencj ; or,
in plain English, agaioit British inioleDce and
despotism — fur, sir, the cause of tbe Regency ia
the cause of tlie British— and is not this (he nat-
ural coaseqaPDce of such conduct 1 Yes, sir, that
nii:ierable and devoted people are probably divided
in opinion. The one-naLf thinks the despotism of
(heir French oppressors the most inloleNble ; tbe
otbet'half, that the despotism of their geoeroa*
British deliverers is atiil worse.

Spain is now also receiving ibe^eneroas inier-
position of this energetic Administration. The
tragic sceoe in this devoted and commiserated
country is not yet closed, or, at least, not known
here. But, 1 should not be at all surprised to
hear, bf the very next intelligence which sbBlt be
wafied from that bloody scene of action, that the
generous Briiona have ran away, and left the
Spanish patriots in the lurch, and have forcibly
borne away the Spanish fleet as a slight reward
for the geoeions aid afforded (he patrioU. And,
if such should he the fact, Mr. President, do you
not believe it would be justified in this country 1
Yes, sir, some old rul& or some new rule, or some
DO rule, would instantly be bunted out for its jos-
tiScalion. After so many atrociotts acts of Great
BriiBin, affecting the dearest interests oPuur

country, hare been ja^i&ed, there

could peiform lowar

leave her without her advocates here.

^t she
o'ther lialions, which woold

I turn with disgust and mortification from this
borrible picture of wrongs inflicted by Great
Britain upon other nations, to a recollection and
recapituUtion of iha injuries and insulia heaped
upon- my own country, and particularly by the
present energetic Administration; and 1 feel do-
graded as aa Ameiican, when I review and rec-
ollect our patient forb^ianee under the in. and
particularly, sir, when I bear one of my fellow-
citizens say [here ace no causes of war; wait for
a further accumulation of injuries and insults. I
hope, sir, I aip mistaken in the views I have of
tbe causes of war. A discovery of the mistake
might relieve me from feelings which, as an
American, I cannot bat possess, but which I am
nnable to describe. But sir, to call the atten-
tion of geDilernea with more certainty and pre-
cision to the injuries and insult* inflicted on us,
I have reduced the diagoating catalogue to wri-

ting. Sir, 1 believe that nearly coaiemporaneoaa
wiin the determination of the British Ministry to
seize the Danish fleet, waa its determination to
plunder and destroy Afnerican commerce. The
principle pf that determination applied with
equal force to both nations. It was exelusire
dominion on the ocean; and as one faltesuggen-
tion was made the pretext for seizing ihe Danish
fleet, so another anggesiion, equally false, was
made (he pretext at once for the destruction of
)r commerce, and for sowing the seeds of di-
sion among oar people. Tliat false sugge^
in was, sir. that the Government of the United
[ales was acting under French influence, and
igaged in some secret negotiation with the
French Emperor for some ridiculous and vision-
ary division of the United States. The succeta
of this falsehood, and (he extent of its circnlft-
lion, dtc., are now pretty generally known in
,11 parts of (he United States. Withou( any
fnrtber prefatory observations, therefore, le( m«
read (o you the catalogue of injuries and insults
inflicted by Oreat Britain on the United States.
I think it probable, sir, I have omitted some, be-
cause it is a subject to which I turn my mind
with disgust, and from it with pleanre.

Catab^W of BritM Injuriet and hmuiU.

Impressment of American seamen.

Seizing and confiscating our vessels upon va-
rious unauthorized pretexts.

Blockading Our porta, seizing vessels entering
therein, and sending them to some neighboring
ports for condemnation.

Firing at, and detaining coasting vessels with-
in our acknowledged jurisdiction; murdering a
citizen in these acts of wantonness.

Violating our neutrality by destroying a French
ship of war within oar jurisdiction, and thus en-
titled to protection.

Attacking a public armed ship of the United

Rifling some, and murdering tjthers of faer
crew. Refusing atonement for these outragea.
Hegulatiag and rettraining oar commerce. Col-
onizing and taxing us by Orders of Council, re-
duced to the form of taw by an act of Partia-

Interfering in our political concerns, by invi-
ting our citizens to violate our laws, and by pnb-
liebing a letter from the British Secretary of
Slate, by way of appeal to (he people againit
their own Government.

Forcing % contraband trade with armed shipi,
Ac.

Mr. President, am I mistaken in these facta, or
are they true I if true, sir, is there a gentlemaa
here present prepared to tell the American peo-
ple that ait these injuries and insults have been
inflicted upon them by Great Britain, and all
atonement for ibem refused, and that there is aa
cause of war 7 That their honor and interest do
not demand war, that (hey are not yet sufficient-
ly degraded, but must wail for a greater accu-
mulation of injuries and insult* I But, air, per-
mit me (o press tbis inqoiry still further. Its ui.

.yGoogIc

S63

mSTORT OF CONGRESS.

Partial Repeal of the Embargo,

Febrdaby, 1809.

portance demands it. It is or ihe la«l imporliDce
10 the people lo underataod il correctly ; that not
a doubt shoulil be uuspended over the facts. Sir,
1 have said twice before (his Bession, and f now
lay a third time, and I beg gentleineii to answer
tee eipliciily. yea nr nay — I have twice said, and
1 DOW Bay a third time, ihnt Great Britain by her
Orders in Council, now reduced lo t be form of
law, bas abridged the rights of national sover'
eigaty, that she has colonized and lazed the p«o-

tie of Ihe Uoited States. Here let me slop, air ;
!t me single out these acis alone, and ask gentle-
mea if ihey are true? Ot^nilemen have not de-
nied them ; genilemeo cannot deny them. Well,
sir, are gentlemen prepared to tell the people of
the United Btates thatGreatBritaitihasabridged
their lights of oaiional sovereignty, that she has
colonized and taxed them, and perseveres in so
doing, and in tbe same breath, and at the same
time, to tell them there are no causes of war,
that (hey must wail for further injuries and in-
aulta I I have so much conSdence in the intelli-
gence and patriotism of the people in every sec-
tion of the UaioD, that I do not believe sucn lan-
guage would be justified or eveii loterated in any
girt of the United Stales. No, sir, the people of
oslon, enveloped as ihey are with prejudi
would repel trie degrading eipostulation i
were fairly presented to their view and eoasii
ation. BqC, sir, I propose to press the exam
tioQ of this subject still further. I propose to
select two or three of the most formidable and
intolerable acts of outrage from Ihe disgusting
catalogue, and to bestow on them a more critical
attention. These will be acts of the present
ergtlic Administration. I suppose that other

£;nllemen cannot understand the Orders of
ouncil as I do ; if they did, it would be impos-
aible for an American to ofler ao apology for, or
even a palliation of them. They shall, there-
fore, receive my first attention: First, as they
affect our rights of national sovereignty ; second
ly, as ihey effectthediSerent occupations of com
merce, agriculture, and fishing; tbirdiv, the
pretexts upon which they are attempted to be
justified.

The Orders of Council, now redneed to ih(
form of law, abridge our national sovereignty,
ia undertaking coercively to regulate our coi
merce, in defiance of our own laws and the la'
of DaiioDf, and in subjecting it to heavy taxes
tribute. The power to regulate the commerce
the United States with foreign nations, is given
by the people to Congress, Thesp Orders - of
Council undertake to regulate it by force, and ir
defiance of the laws of Congress. Indeed, tbi
orders extend their regulation of it further than
Congress is aulborized lo do by (he people ; for
they have charged our exports with heavy duties,
which Congress is prohibited from doing by the
Constitution. Great Britain may, by municipal
legulaiions, lay any las she pleases upon the ei-
potls of out productions from Great Britain, but
she has no right to force our commerce inli
ports for the purpose of coUeciinz a tax from it,
not subjecting it to capitm aod condemnation

ny deparlura from the rules she prescribes
for conducting it upon the ocean.' Submission
to these regulations would be the surrender of
lome of the moat essential attributes of national
lovereignty, and would justly exclude us from
.he family of naiJonA, because we should thereby
ionsenl to be excluded fram the exercise of some
of the essential rights of sovereignty, which are
indispensable to the equality of nations. This
result is so plain, that I suppose that there csn be

>ne opinion respeciiog it.

Jt, sir, I am the more disposed to examine the
operation of these orders upon ihe diflerenl occo-

Eations of uimmerce, agriculture, and fishing,
ecBuse I have lately heard it said and repeated,
that they merely afieCt the occupativrt of com-
merce, and as a consequence resulting from this
interpretation of ibem, it is said that the mer-
ebaolB may go out and take care of themselves.
This, sir. is an extremely fallacious suggestion,
and gentlemen, particularly agriculiurists, ought
to be very cautious in adopting it. This mistake
bas probably arisen from the want of a due con-
sideration of the subject. It has arisen from the
want of discriminating between the right of
commerce, or rather the right of regulating eom-
merce, of prescribing the rules for coDducliog It,
and the occupstion of the merchant. The right
of commeice is a national right; it belongs to
(he nation collectively. The occupation or the
exercise of the right only belongs to Ihe mer-
chant. The right to carry on cmnnierce does
not belong to the merchant exclusively; any
other citizen may, if he chooses, exercise the
right; but these Orders of Council afi'ect bolh
the right of commerce, and the occupation of
commerce ; they also afi'ect the rii;ht of agricul-
ture, and of fishing, still more. They afi'ect the
occupation of commerce by limiting its eiteat
and objects ; but the principle of the orders once
admitted, il will regulate the occupation of agri-
culture, and probably destroy the occupation of
fishing. If submitted to, it would probably les-
sen the value of every farm in (he United States,
as well the farms upon, the water, as the farois
upon the land. Apply the orders to the articles
ot either Aour, cotton, tobaoco, or fish. I will
select two articles only for the purposes of illus-
tration ; but the operation of the orders will ap-
ply equally to all. Take tobacco, for example.
According to the orders, every hogshead of to-
bacco exported from the United Slates, is lo be
carried first into a British port, there fo pay an
export duty of three dollars per hundred weight,
before it can be permiited (o find its way to the
Continent of Europe, where it is principally con>
sumed. The value of the iirticle to ihe grower
is upon an average about ^6 per hundred weight.
Thetnerchant in purchasing the tobacco of the
grower, will tell him, your tobacco is worlh $8,
but I can give you thrre only, because I am com-
pelled to call in Great Britain, and (here pay the
other three lo make up the pnce to the British
treasury, and besides to incur all the chaises of
ibe ports, and the eiicuily of the voyage, dte.
The same observations will apply with equal

.yGoogIc

HISTORY OF CONORESS.

FllBU*BY, ]

Partial Reptal of the Embargo.

force lo erery oiher article of sgricnlinw. And
Am, the urinciple of the Orders of CoaQcil once
iDtHDJtled to, will eoabJe Oreal Britain as eSec-
HuIIt Id regulala the various occupatians of ag-
nealiDre, ai if she were permitted to My at once,
the colonisls may raise ttrain, &,<:., but tliry shall
QOI raiae tobacco, dec. If you permit her (□ im-
e taxes at pleasure, on any of your produc-

Dthei

ssthe

othei

ket of consumptioQ, she can tnthai
tually prohibit iis culti?B<iDr), as if she were
authorized to prohibit il la the first instaace by a
positive prohibitory regulation. The efii^t of
the ptibciple in each case is the same, the ooly
diffetence consists in the mode or the medium
ihrouKh which the principle is efieciuated. Il is
Dot Jikely Great Britain would discourafe the
cuIliraiioD of grain, because she generally re-
quires the imporiatiou of ■ oertain quantity for
her own consumption. But if the Orders of
Council were lo be submitted to, liring in a part
of the country where I have bd eleciion to eulti-
TBle grain or tobacco, I should certainly Bbaodon
ibe cultivation of tobacco altogether, because,
charged with the present export tax, lam per-
inaded it would afiurd nothing to the grower.

Now, sir, Ut me see bow these orders are liliely
to operate on the American fisheries, and Amcri-
eao fisb. I believe ao American fish is allowed
to be consumed in Qreat Britain; yet all the
AmericKD fish carried lo foreign markets for con-
sumption, must fir't call at a British port, and
there pay a duly, i do not recollect the precise
amouot. [Mr. Smits, of Maryland, said ninety
ceals per quintal.] I do not know the proportion
thai this tax bears to the whole value of the
quintal, but it is not material to my illustration.
Admit the principle, and the proportion of the
ixx to the value of the articles can be varied at
the pleasure of the British Qovernment. 'When
you come to recollect, sir, the extreme jealousy
entertained at ail times by the British Gorern-
ment of the American Ssheries, the importance
they attach lo their own Giheries, as the nursery
of their seamen, and as almost indispensable lo
the prosperity of their navy, would you not con-
clude, sir. that the farms upon the ocean were in
as much danger from the operation of the Orders
of Council, as the farms opon the land 1 A nd I
be^ gentlemen more particularly interested upoD
Ibia sabject to ffive these observations a fair and
impanial consideralian.

But, Mr, President, this suggesiion of
holding the protection of ihe Government from
commerce, I conceive wholly inadmissible; for,
exclusively uf many other considerations, it roust
have been the result of some very cursory re-
flections, or superficial observations, upon ihi
tude the Goveroalent has assumed in relai.
revenue, or en entile miscom prehension .. _..
Sir, the occupation of commerce is ai much en-
titled to the protection of the Government as any
other occupation, and an abandonment of it as
injurious to ibe interests, and as derogatory to the
characler of the Government, as the abandon*
meat of any other. Once arow that principle,

ce have it understood by foreign nations that
lur commerce is abandoned lo its faie, and its
prosperity is impossibliJ, iia destruction is inevi-
.ble. Its very prosperity would produce its de-
ruelion, by inviting the cupidiiy and violence
of foreign nations. But, sir, the attitude the
~ :rnment has taken upon the subject of reve-
forbids theabnndonmenlof commerce. Al-
your whole revenue is derived from com-
ic. You have dispensed with your internal
t, and your only internal resource is derived
from the sale of your piiblic lands. Whatever
may be the productiveness of that fund hereafter,
t M not now more than equal toone-lweniietb of
he dergands of the Government. Hence, sir, the
Government must either afibrd protection to
nerce, or renew the internal [axes. Gan
doubt, sir. which of these alternatives the
Governmeni wOuld choose? We are told, sir,
there are prejudices against a navy, f know there
arc, sir, and 1 believe I have partaken of them as
much as any gentlemen in the United Stales, and
stand as much committed lo the nation upon that
point. . But the circumstances of the country, at
the lime of discussing the question of creating a
nary, formerly and at ihe present time, are ex-
tremely different. Our commerce then was com-
paratively small to what it now is. The pro-
posed expenditure upon Ihe navy would have
been nearly equal to the whole annual product of
the revenue derived from commerce. The rev-
enue now derived from commerce is nearly quad-
rupled, and besides, ai that time, our commerce
was almost exempt from foreign aggressions. Its
preieol prosperity, and unprotected state, has in-
viied aggressions from abroad, and unless it is
protected il'will be destroyed.

Whatever my prejudices or opinions may have
beeu, or may now be upon this subject, I am not
so weak and obstinaie as to suppose thai those
prejudices or opinions can control the practical
progression of human affairs, nor that there is
any consistency in applying the same opinions lo
a different state of circumstances and events.
These must and Will control prejudices and opin-
ions. Mr. President, notwithstanding all the ex-
isting prejudices against a oavv, I now confident-
ly express an opinion, ihiit ir you continue to
draw your revenue through the medium of com-
merce, if that commerce should continue lo
prosper and increase, and if foreign cupidity and
violence should continue to esist. you will have a
navy to protect your commerce. I consider the
effect as certain as any other effect produced by
irresistible causes. When this effect will take
place, when these prejudices will be overcome,
whether this year or the next, or at some more
future lime, 1 will not pretend to say; but that
il will happen at some time, is as certain as ibat
any other effect will happen that is impelled by
irresistible causes. The extent of this protection
will depend on the discretion of the Governmeni,
and there is a security against its being carried
loo far by the great preponderating influeoce of
the landed and mechanical interests of the Uni-
ted Siatei. The present measares, dictated by

.yGoogIc

M7

HISTORY OF CONGEBSS.

Sekats.

Partial Septal of Ike Embargo.

Pbbruabt, 1809.

the ptes«Dt siRie of thiogi, are Id m^ judgment
peculiarly favorable to the acceleraiioa of this
result; and 1 am surprised Ihal our BasIeiD
friends, iniCead of eDcouracing [hem, should be
(browing obstructions in the -way, A reaiiU at
■tl times so desirable -lo them, anil so well calcu-
lated to give tbeia that weiglit iti llie scale of the
Dnion wbich tbey now seem to think ibey do not
poKsesG, hut which lliey have lately iQaoifested
great Bniiety to possess.

Whilst upon this part of the aubject, Mr. Pre-
■ideol, permit me to eipress my deej) moriifica-
lion and regret ai the unfortunate differences of
opinion winch eiitl between ibe Eaaiecn and
SoutheiQ people respecting our foreign relations.
I will not exaniine into the causes of these dif-
ferences of opinion, because it might excite un-
pleasant feelings in s9tnegenilem«'n, which I wish
particularly to avoid. These differences are the
more to be wondered at, when we all know that
our interests are coromon in ibit respect; and
that in relation to each other they are peculiarly
mutual and reciprocal. Never were there people
whose occupations rendered their interests more
mutual and reciprocal than the Eastern and
Southern people of this Onion, whose wants and
•upplies were better suited to each other, or pre-
sented fewer points of rivalship. The Eastern
people have ship* and seamen, and delight in em-
t upon the water; thi

El3."

)ulky and heavy, and peculiarly
■uiied lo furniah employment for the Eaatern car-
liers, not only coastwise, but for foreign trade.
The Southern people have do desire to enter into
the competition, but are perfectly content to per-
mit their Easlera friend* to take the trouble of
carrying their productions to the markets of their
consumption, and to enrich ihemBelreii from the
frULti of their labors and their speculations; yet,
notwithstanding all these thin^, and notwith-
■tandin^ we all know the horrible consequences
of divisions, we still witness alarming differences
of opiDton, which have not only encouraged and
invited the interference of a foreign nation in our
political concerns, but have also pervaded social
inlercouTse, and even materially lessened the en-
joy menis of society. And after all, Mr. Pfwideni,
permit me emphatically to ask you, to whose, or
to what good? Why, air, our foreign adversaries
may profit by oui divisions, but Ibey are equally
destructive to the real interesls of all parties
among oarielves.

Sir, without pressing this subject further, may
I not be permitted to indulge the flattering hope,
that when these solemn truths shall be presented
to the serious reflection of all the people of the
United Slates, in every quarter and section, that
they may be impelled by a sense of common in-
terests, and cotnmon dangers, to unite heart and
iiand against our common adversaries; and not-
withstandine present appearances, that our un*
fortunate difierenees of opinion mav finally even-
tuate in renewed acts of reciprocal kindness, con-
fidence, and friendship 1

Permit me now, air, (o inquire into the [oelezls

upon wbich the British Ministry undertake to
justify these extraordinary Orders in Council, and
1 will venture to assert that Ibey will be found
both false and insincere. The pretext set up for
the justification of these orders, la suggested lo be
founded on the right of retaliation upon their
enemy. The right to retaliate through the Uni-
ted State* [5 said to be founded on tbe culpable
neglect of their Government to resist French »)f-
gressions upon their neutral rights, by which it it
pretended that Great Britain has sustained an io-
jury, and ibus claims a right to counteract the
injury through the United Stales. Upon (he same
pretext France claims and exercises what she call*
the same right, in consequence of thecnipabia
neglect of the United Stales in not resisting the
aggressions of Great Britain. The suggestion of
each is false in. fact. The United States have not
been guilty of any culpable ehandontnenl of itt
rights in relation to either of the aggresiinv bel-
ligerents. The Government has constantly in-
terposed all reasonable resistance lo the aggres-
sions of both; of which reasonable resitl^ce it
was the proper judge; at least it was enliiled to its
full share in the decision, and rtny forcible resist-
aoce to that decision when made was an act of
war. I do not therefore propose lo enter into the
question, whether Great Britain or France fint
commenced their aggressions, since boih were
propetty and renaonanty resisted. But, if I were
to express an opinion upon this question, I ihould
have no hesitation in saying that Great- Britaio
first began, and lo far France has more preleiu
for her conduct. There were many acts of the
most serious aggresuons commilied by Great
Britain, under pretended blockadef^ before the
Berlin decree; and the impressment of AmericaD
seamen was contemporaneous with the coia-
mencement of the war. (a) This was not, and ii
not the iessanact of aggression, because it is iiile,
hat been long practised, and because we arebti-
biiuated to it — but it was not acquiesced in. It
was met by reasonable remonstrance, and resist-
ance,andtherefaTe is AojuitificBiionof the French
decrees; but at the same time it takes away eceD
the shadow of a pretext from Great Britain upca
the question of who began to do w^ong first ; for
there is a reciprocal condemoation of each other,
and so far a joint exculpation of lit, at least from
the commencement of the wrong to either. But,
sir, let me cow «xaraine the pretext of the British
Ministry according to Mr. Canning's own eipo-

The acts of France complained of are admitted
by Mr. Canning DOW to be merely nominal in rela-
tion to Great Britain, that tbey are utterly harmlesa
and contemptible, that they have ceased to b«
mischievous, operative, &c. Yet he tells you that
he will not revoke the Orders in Council for fear
his motives in doing so may be mistaken; not
that it is not in itself just and proper to revoke
them.aecording to the principle of retaliation opoD
which they were originally adopted ; but merely
for fear his oiptive in doing an act of justice and
propriety, may be mistaken or niiscoueeived by
otheia. But, sir, let U3 bear him in hit own wonti:

.yGoogIc

HISTORY OP CONGRESS.

Febbcart, 1

Partial Repeat of the Embargo.

870

Semati.

"The itrD^la hw bean Timed b; other Poir-
»n, not witbouC id ipprahen*ioD Ihit it might b«
fatal to thia country. The Hritiah ODTernment baa
DDl diaguiard haia itielf, that the trial of aueh \a ex-
periment might be ardaou* and long, though it baa
never doubted of the final isaue. But if that iwue,
auch a* the Britiah Govennnenl confldenti; aDLI-
ctpaled, haa proridentiaiW arrived mach aooner than
couli] even havg been hoped; if 'the blochede of
the, continent,' aa it haa been triomphantlj atjrled
bi^ the enemy, ia raised even before it had been weli
eelabliahed, anil if that ijatem.^f which eitent and
conlitiuit; nere the *ital principlea, la broken up into
(lagmenta, utterly harmleaa and contemptible, it ia
nevenheleaa important in the higbpit degree to the
reputation of ihia country (a reput^ion which conali-
tutea (freat part of her poner) that, thia diaappointment
of the hopea ofher cncmiea ihould not baye been pur-
chased by any concesaion ; that not a doubt ihoutd re-
main to distant timea of her determination and of her
ability to have continued her rcaiatanca, and that no
atcp which could even miatakenly be conatrued into
conceiiaion, ihoidd be taken on h^r part, while the
amalleal link of the conbderacy ramained andiaaoliedi
or while it can be a queation whether the plan de-
vised for her destruc^on baa, ot tua not, either com-
pletely failed, or been on equivocally abandoned."
[Canning to Pinknry, Sfpl. S3, 1808.]

"The pu rpoae of tbii letter ianotto renew the diacua-
■ion upon the subject of your proposal, but merely to clear
up any miaunderalan ding which had eiiated between ua
in the conrae of that discaasian. I cannot conclude it,
however, without adverting very abOrtly to that part of
your loiter, in which you argue that the failure of
France in the attempt to realize her gigantic project of
the annihilation of the commerce of thia couiitry, re-
tnotea all pretext for the continuance of the re-
taliBtory ajateu of Great Britain. Thia impotency of
the enemy to cany liia projecta of aiolence and in-
jualice into execution, might, with more propriety, be
pleaded with him, n* a motive for witbdraviing ie<

t Britain to deaiat from thoae ineaaurea of de-
fenaiveretatiBlion, which thoae decrees have neceeearily
occasioned. If the foundation of tho retaliating ayatem
of Great Britain waa (aa we contend it to have been)
originallyjtMtilhatsyslem will bejoatifiaU; eon tinned in
. force, not ao long enly aa the decraea which produced
itBremiachiovoualyoparatiie.bntunlilthey treuueqaiv-
ocally abandoned ; and, if it be Ihua conaialsut with jua-
tice to pencvera in that lyatem, it is aurely no mean mo-
tive of policy for auch perseverance, that a premature de-
parture from it, while the enemy's original provocation
remains unrepraled, might lead to false concluaiona, aa
to the efficacy of the deereei of France, and might
hold oal a dangeroui temptation to Ihst Power to resort
to the same system on any future occaaion." [Can-
ning to Pinkney, Kev. SS, IS08.]

Whrn, sir. does Mr. Canning here tell us?
Wliy, sir, on the 22[i of September last, Ihal ihe
French blockading decrees were then broken
up into fragments, ulleriy hntmleis and con-
temptible'; and oQ' the 22d ol November fullow-
ing, that they had ceased to be mischievously
operatire, &c. dbe. Reialialion maj be define<i
an injury returned for a wrong received. Well,
sir, if the United Siaiea bad done do other wrong
to Qreal Britain but Degtecliog to repel the wrong

or France, and the wrong of France ceased to
produce any injurious consequences, why not re-
voke the orders inflicting the most destructive
injuries upon the United Slaleal Why, Mr.
Canning in substance 'ells us, not thai it would
be wrong to do so, but he is afraid that the world
would mistake bis motive for doing right. And,
sir, is the commerce of the United Slates to b«
destroyed, the people to be colonized and taxed,
and the nation to be insulted and degraded,
merely becaase Mr. Canning fears, if he stioula
cease to inflict ibeie wrongs, his motive for ceas-
ing to do so maybe miscooceived or mistaken!
And are the people of the United States to be
told that all these injuries and Insults are to be
continued merely to expiate Mr. Canning's idle
and pretended fears, that his motive for his con-
duct may be mistaken 1 What, sir, can be mote
derogatory to the character^ what more iuju-
rious to the interests? what more losaltinn to
the nndersianding ofihe American people? Yet,
sir, we are told there are no causes of war! We
must wait for more degradation ! Sir, Mr, Can-
ning tells OS he thinks this is no mean motive of
policy for continuing these orders after the origi-
nal causes ceased. Sir, i will not pretend 10
think against Mr, Canning upon this subjeot;
but, sir, I think, and I know that it will be «
mean, an infinitely mean motive of policy on
our part to submit lu his injuries, his insults, and
his ilegtadations, as well as his alnnrd and sophis-
ticated expt/sition of hi* motives for them. But,
lir, permit me again to ask if the United Statea
had not a right to judge of the exieoi and mode
of resisting the French decrees? They certainly
had, and did so ; and after having made their de-
cision in those reapecis, a contrary hostile decis-
ion by Great Britain waa an act of war ag^ioii
the United Slates; and, according to hei own
principle of retaliation, the proper act of retajia-
lion on their part was an act of- war, not indeed
through the ribs of a third innocent, unoflendiD;
party, but directly beck upon berself, and it ought
mstanlly 10 have been resorted 10 upon her re-
fusal to revoke her hostile order*.

But, sir, permit me to put this doctrine in a still
stronger pnint of view. The right of retaliatioD,
I presume, is eqbal and reciprocal aiDong all
nations, and when the British Ministry ventured
to retaliate upon their enemy tbrongh us, they
adopted that policy upon their own responsibility;
ibey subjected themselves to all ila consequences;
we certainly had a right lo adopt acounleracliuc
policy ; war would have been the natural, legiti-
mate, and correct act of relalialion. But,Eir,sup>
pose I werenow, in a spirit of mitigated retaliation,
to propose ID past a law imposing a duty equal
10 one-halfof the value of all the original produc-
tions of Great Britain, and direct, that ail bervea-
sels aailing with such productions either to Span-
ish Antencfl, or any of the American ladies ot
isles, or to anv other place under the protection
of the laws of nations, should first call at some
port of the United States, either Boatoa, New
York, Baltimore or Charleston, and there pay tbe
, tribate ; and if they failed or refused ao lo do, to

.yGoogIc

HISTORY OP CONGRESS.

Senate.

Partial Repeal of the Embargo.

Febhuart, 1809.

KUihorize our armed ships to cij
ihem in for cundeiDDalioa ; woul
cilioQ be thou^lit exiraragaDl and
proposilioo ota roadmBD 1 Y«t,
murereasQDablElhan tlie Orders in
■ re the same ia Hubsls

out pi

iJ fal>

e the

!aliUD or prelezl. Yvk, li
]» iasiDccre. The real ^
CoUDcil will be fouad i
lion of the British Cabic
I of the world,

and bring

the ptopo-

iirouj? the

sir, it would be

Council, which

idoptcd

', the pretext
jQd of the
Lhe Bellied
to nionop-

id interests,

ptriieularly to involve in this general destruction
the commerce of the United States. Sir, 1 drau
this conclusion not only froro Mr. Canning's own

trevaricalingletlers and sophisticated expuaitions
Dt from ratious'iniiraations to that effect by tht
British jurists, and particularly from a late pam'
phlel, written it is said, under the direatioa of th(
HiDisirf.and for the express purpose of preparing
tbeBriUsh nation and the world for the manslrous
pteiensioD, Indeed the production is
the elder Mr. Rose, one of the roost
sdvisers of the Cabinet, and it is eitr
bable we hhall see the doctrine openly
Ibe British Parliament, now expected I
■ion. The pamphlet is eatiiled "Hii
Parlies," from which I beg leaTC to

mely pro-

" The Orders in Council have been stigmitiied, u
being at once absurd and cooteinptibla, in relinquishiDg
tbe principle of right on which their jmtiQcation i>
fbanded. fur a paltry consideration of pounds, ablllingt
and pence. But how can tbit measure be deemed ab-
surd, which at oncB unites interest and policy t And
■o far IVom rendering Great BrilalD contemptible, bow
can abe possibly assume a more dignified character,
than in thu* aboning lbs vorld thut Bonapsrte, with
•II bis dependent Kings, are but ber tributsries; that
they can receiTe no article either of comfort or necessity,
Vri^out psyiag an acknowledgment to ber maritime
■aprefflscy, and contributing to the expense of carrying
on that war, nhich th* ajubltian, injustice, and aggrea-
nona of their tyrant haTs rendered neceHarjr."

Here, sir, we see a picture of the faniastic and

E'gaDticaiuiDdewhich the inflated pride of Great
riiain has assumed. Bonaparii ~ ' " " '~
pendent Kings are her iribuiaijes, paying
to her treasury, nnd homage to ber pride.
■ir, to be sure, this dreaming delusive vision m
be rery fascinating to Britisb pride and gratify.
to British cupidity, and I should hare said no
ing about the Ministry's indulging thamsel'

Why,

these delightful reveries, if they had not included
the United States in the roagniScenllrain of their
humble tributaries. It is true, sir, they are not
expressly included in this sentence, but they are
made so in fact, and it was intended they should
be so included, as 1 shall presently show by ano-
ther quotation from this ministerial production.
Yes, sir, I shall presently show you one single
word, which is the key that unlocks the whole
views of thiseoereetic Ministry inreUtton to the
Uuilrd Slates. But let me first present you ano-
ther jiassage, sir, which will serve to show hovr
far this Ministry calculates upon effectiug Ibeir

objects by interfering in our political conceros,
and by fomenting divisions and discoatents
among us 1 After speaking with apparent exult-
ation of the Bsssssinatioo ol the Bmperor of Rus-
sia, in consequence of hii interruptions of the
trade of his subjects with Oreal Britain, an event
impliedly admitted to have been produced by
British stratagem, the author thus proceeds in

" If any further elucidation of tha piindple to whicli
this event ia ucribed wcro wanting, it promises to be
found in the United Slates of America, where the cul-
tivstors of the soil are deprived of the fruita of theii
Ubon, and tbe merchants of tboir commercial gaina, by
the present embargo. This forced atale of things can-
not be of long continuance. Already have the Vermoo-
teae set the constituted authorities at defiance, and per-
sist in carrying on their trade with the Capadiani acroaa
Lake Champlain, while the Northern States manifest
strong aymptQiDB of discontent."

I staal) only remark upon this sentence, that it
serves to show bow greedily these events veie
ceized upon, and how greatly they were overrated,
and proceed to the 39th page ;

" From what has been adduced upon tbe subject of
ns, it may be inferred ttiat the attempts of other
to injure Great Britain, by pursuing this ayaleni,
must be aborlive. But it ia not so with the same ays-
toni adopted by Great Britain, in retaliation upon them-
Wbat they can dniy threaten, she can execute. While
they can only partially restrict ber commerce, her naval
superiority gives her the laeana of anniliilatuig Ibeira.
The people, thus reduced to misery and distrese, wdl
consider 'their rulers as the authors of their sufleringa ;
and this sentiment once excited, will lead to revolt,
through revolt to reTolutioo, through revoluciau to a
change of measures, and ultimately to peace."

" Let then the principle of the Oricta in Council be
strictly enforced. When the enemy feela the preaaura
of our .retaliations, and relaxes bis decreca, we ahould
reject, instead of admitting those comiaodities, by the
sols of which be procurea resources for his revenue,
gives relief to his subjects, encourages then to the con-
tinuance of the war, and reconciles them to tua au-
thority."

Here sir, we see the vital principle of all our
wrongs, of all our sufferings. It Is the supremacy
of the British navy. What others threaten. Great
Britain can execute. While her commerce ia
protected, she has the means of annihilating the
commerce of others. But this is nai all of the
horrid picture which is here exhibited. Although
the British navy is admittpii to be the destructive
machine for inuicling all the wrongs upon the
people uf tbe Uniied States, tbey will be told tu
look for the real cause of iheir suSerings to their
rulers, as the authors of them; and this senti-
ment once excited, will lead to revolt^ through
revolt to revolution, through revolution lo a
change of measures, ttc ; aud thus the people are
to be deluded and made the unsuspecting instrti-
menli of their own slavery nnd sutTerings. And
Mr. President, permit me, with the most humili-
ated feelings as na American citizen, to ask, whe-
ther the course of events in this country has aoi
corresponded precisely iritb the.-« aDticipaiioDs I

.yGoogIc

HISTORY OF CONGRESS.

Feirdibt, 1809.

Partial Repeal of the Embargo.

and vbetfaer there be a doubt itiat the authors of
lh(s« anticipations bare also beeo iostruinentHl
in practising the^e delusions upon the people for
the purpose of effecting their objects, and reali-
ijpglheircakuiations and predictions? But, Mr.
Preiidem, may we not iadulgv' the pleasing hope,
that these unfortunate delusions of the people are
oeaily at an end 1 or tfaat thpy will be so, as booq
ai the real aulborsof their delusioos and tuSeriagi
are poiDted out to iheui 7 I will now turn over
to the nest page, and there yoM will find the key
which ualock.-' the whole iuiquitDus viewa or this
energetic Ministry towards the United Slates.
The author is urging the eouotry gemjemeti in
Bnglaod 10 unite with the Ministry in this gigan-
tic project of unirersai domioioD on the ocean,
am) rhu»he expresses hioiBelf:

" Mmay gentlemen connected with the landed inter-
ttt oppoiied the inbslitution of sugnr for ram in the
diatillericB, aa a diieauragement to the agriculture of
Great Britun. How mudi more stronglj ought thej
Is iniposB theae lieenies to trade in the staple com-
modities of France and Hoiland; not only on the sania
principle, but on every canndetation of lonnd policj 1
The fonnei measure is tenipoiair. the latter is perma-
■enL The fbnner givaa relief uid encourage men t to
(nu own subjects ; the latter gives relief and encoui-
agement to oor enemies. The foroier promotes (be
Bgiicnltuie of our own colanies; the latter pionuiteB
tbe affriculture of our enemiei. The former enables
UB to consume an additional quantity of sagar, which is
paid for in British com, or uiaDufaclDia ; neither of
which are taken in exchange for the commiMlities im-
ported under the latter. The sugars imported under
the roTmer, va farought home in British ships, and add
to that carrying trade which is the nursery <rf' nor naTsl
strength; the articles imported under the latter, ara
broDght in foreign Tesseis, and increase the uaval
atrength of other Powers. Let the country gentlemen,
then, unite theii rffiirts, and support the cause of Bril-
iA commerce, and the British navy, against the agri-
culture, the CMomerce, and the uavy, of our enemies

Here ibe United States are expressly incliided
ID this Eoene of general destruction meditated
against eominerce. Enemies or rivals!' The
word liTals, sir, is the key wliieh unlocks the de-
sigtis of the Ministry against the United Stales.
Do you suppose, sir, the author did not know the
meaning of the word rivals, or tJiat it was slipped
in without design t No, sir, it was intended to tell
the British nation that they must not stop at the
deatrnciion of the corameree of their
Tbe destraclion must be indiscriminate ; it n
extend to rivnla ii well as enemies. And,
who are the rivals of Great Britain in commerce?
Tbe United Stales, and the United States alone.
The term rivala, is as descriptive of the United
States aa the term United Stales ilself. I think,
■ir, from the combined influence of all the prece-
ding circumstances, it is demonstrated beyond
douoi, that all our sufferings arise from the setili
determination of the British Ministry to exerci
exclusive dominion upon the ocean. To monop-
olize the commerce of the world, or rendei
servient to British views and Briiixh iniei
Permit me now, air, to select another

Senate.

energetic administration towards the Uoited
Slates for a few ani mad verh ions. I mean, sir,

interfering in our political concerns in many

respects, hut particularly by holding out induee-
(a to our citizens to violate our laws; and
appealing to the people against their own
Government, by some invisible agency. I allude.
sir, to the order (6) issued shortly after the pass^
ing of our embargo laws, for receiving Tesseis
which should ciorate those laws, even without
the customary papers; and to the publicalioo of
Mr. Canning's letter addressed to Mr. Pinkney

the S3d of September lest, in one of the news- .
papers printed in Boston.

1 consider.both these acts as highly insulting to
the American people and Government, and ihey
ugh t to have been repelled with indignation, and
would have justiGed hostility itself. Sir, in isso-
g this order, the British Ministry appears in lue
hare set a dangerous example to other nations,
irlicularly to the United Slater, because the
nited Stales might retort her favorilt^ retalia-
ry system upon herself. Suppose, sir, iminedi-
ately upon the receipt of that order in the coun*
try. the United States had retorted by passing a
law holding out inducements to Brilish seamen
to desert from their ship*, and to afford Ihem pro-
lection, and even to protnise them protection and
rewards upoti bringing in the ships themselves,
Do you think, sir, that Great Britain would have
been altogether free from appreiiensions as to the
effects of such a retaliatory measure 7 The Brit-
ish fleet, sir, is extremely formidable to the Got-
ernroent — the floating dungeons and severe disci-

Eline. not always palatable to the seamen. They
ave several times been very much out of humor,
and it is impossible to foresee the consequences of
the inducements the United States have in their
power to offer the disaffected. But sir, this sub-

{ect presents another consideration to my mind,
n Ibe year 1793, Great Britain entered into the
war against France solely upon the ground of re-
sisting the spirit of disorganization, which, it
was alleged, France waa introducing into all
nations. It was for the alleged act of separaiing
tbe people from their Qovernraenl. Now, sir,
how is Great Britain likely to wind up the war?
Why, sir, she seems now to have become the
champion of the very system against which she
originally entered into the war. She now seems
to liave become the common disturber of tbe
peace of all nations. Surely, sir, tbe British na-
tion or Parliament never can, upon cool refleetioD,
approve of ihis profligate act of its Ministry.

Let me now, air, implore your most serious at-
tention to the publication ofMr. Canning's letter
in the Boston newspaper. The lime and circum-
stances attending its publication aggravate the act.
It was an unpardonable insult, and ouehl to be re-
pelled with indignation. Pariicularry insulting
was it to those for whose use it was more imme-
diately intended. Is it possible that tbe British
Parliament or nation can justify this act of aban-
doned profligacy 7 In the cases of Genet, Vrojo,
&c., their Ministerial functions Were suspended.
Their recall was immediately requested, aud com-

.yGooglc

876

HISTOKT OP CONGRESS.

876

Sbmatb.

Partial Repeal of the Embargo.

February, 1809.

(lied Wilh. In ihoia Cft»w, (he aulhors were
Dawn; in ihis, he ii cunceakd. The publica-
tion is conducted, or diieeteil, by bd ioviaible
hand. Bui, sIt, rhe act is not tbe Ipm Uiihoaor'
able or reprehensible on ihal account.

No, sir, the aurbor, sVuliiing from public view,
■lamps tbe character of ihe transaction with pe-
culiar dia^race. Insulin of ibis kind, sir, hare
been praciised upon the British Gorernment and
nation. Let us see how insuUs of this nature
WPre received and treated by that Ctoverniaeni
and nation. Several cases of this nature have
occurred in Great Btilainj but I will select one
in poinc, which occurred in the lime of George
the Fin>[, in the year 1727. It will be found re-
corded in "Belsharu's Memoirs of* Qeorze tbe
First," pages 193, 193, and iu the proceedings of
Parliament of tbal day, in reference to that Eub-
ject. These I have examined, and find them
■till more pointed Ibao tbe historical account of
them, particularly the resolutions of the House
of Commons, which are highly worthv of imita-
tion. They are contained in a very large book,
and I therefore declined bringing it to the Senate.
The case was, sir, that the Imperial Heiidenlat
the Court of London, Conol de Palin, was in-
structed by His Government to present to His
Britannic Majesty a strong and pointed memorial
aiiHinst cerlaia ezpressiona or intimations in the
King's Speech to Parliament, which were suggest-
ed by the Imperial Court to be unfounded and
false, as they probably were, &,r., dtc., and to pub-
lish the memorial for the informalion of the Brit-
i>h natioQ. How, sir^ did the British GoreiO'
ment and nation receive and repel this insult?
Sir, it was received with universal, detestation,
and repelled with uairersal indignation. It hush-
ed, for the moineDt, the spirit of party. It was
deemed an insult to every man, woman, and
child, in Great Britain, &^., &c. But, sir, let me
give you tbe account in the words of tbe biaio-

'■ With ^e memorial also was transtnitted, from Vien-
na, ■ letter frooi the Chancellor, Count Zintendorf, to
Count Palm, eipremlj commanding him, in the i
of His Imperial Majest}', after presentiug the memDrtal
(o the King of Great Britain, to publish it, together with
the letter annexed, for the information of the Bntiah
nation. The Chancellor Ziniendorf affirms, in this let-
ter, that, ' it is easj to see that the speech ws< made
tn no other purpose bat to exhort the nation to a
Mre and open wsr with the Emperor and Spain, ...
to Bake the Parliament apprOTo the precipitate and
tnudeBiome measnre* which the Government baa taken
for private ends, Ida well known. That, on the Srrt
report of theMlidie suppositions, the Emperor, and the
King of Spain, in order to silence them, proposed a
lermal act, de runt offendetida, into which all the con-
baeting partin of the Traatiea of Vienna and Hano-
ver might enter, till sueb lime as a defiaitiis agreement
might have taken place, but, that this propoailion wai
leiected; He saya that, the articles of the quodruptt
alliance are eipresalj and publicly laid down as thi
unalterable basis of the Treaty of Vienna, and, that t(
affirm, that bj a secret pact, concluded at the same
time, engagements have been entered into by theu Im-
perial and Catholic Mqesties, repngnaal to the aaine.

is an ontrageoDs insult to the nujestj of tbe two con-
tracting Powers, who have a right to demand a repara-
tion proportioned to the enormity of the aflront. And,
that the high contracting parties had no Other view
then that of making peace between themselves withont
injuring an; one else.' The allegaliona contained in
this letter and memorial seem but too well founded, but
the intemperate language of these papers gave highand
jnst ofl»nce; and Mr. Shtppen, Mr. Hongerford. Sii
William Wyndham, and all the leaders of oppositien
in Parliament, wsrmly concurred in the addreii pre-
sented to the Throne on this occanon,and which pass-
ed Che Honae without a dissentient vole. And an order
was sent to M. de Palm, signi^ng ■ that the said Palm,
having ddivered into the hands of His Majesty, a' '

dispersed the same, with a letter from theiCounI de
Ziniendorf to him, the said Palm, still more insolent
than the memorial. His Majesty looked upon him no
longer as public Minister, end required him forthwith
to depart out of this kingdom.' "

, , find tb« Imperial Resident, tbe

CoUDt de Palm, immediately ordered out of the
country, and the nation rising into instant war to
repel the insult and retrieve the wounded honor
of the nation. Here, Hr, we find the bickerinw
tk party silenced j we find every heart united;
we find the opposition facing about, and tbe whole
nation presenting a hostile front to tbe auihori
of tbe itisult. Can you believe, Mr. President, ibat
a nation which feels so jusl a sensibility, when aa
insult is iuQicted by others upon iiself, can for a
moment justify its Ministry in inflicting a simi-
lar insult upon another nation? Can fou beiiere,
sir, that the British oaiion or Ministry can feel
any respect for those for whose Use the [)ublicaiioa
wat intended, when you contrast their condnel
with thegeneroutand correct conduct of the Brit'
ish Opposition t When, insieeil of roosiitg ever)'
Ameriean feeling to repel the iDanll with indig-
natioB, it aeema to have been received with com-
placency, and directed to its iniquitous end ! And
■hall we be compelled to beiiere that all honora-
ble feeling is lost and baried under tbe dominaiii
inQuence of party lensibiliiy 1 Surety, air, tbii
cannot be an attitude which any party would wish
to assume, and thus present itself either to the
American or the British nation 1 Yet, sir, ih*
only difiereuce in the character of the iniuliiB
the two eases ia, that i n one tbeauihor was koos"
and avowed, and in the other, he secures binii«'
by hia invisibility. But, sir, if the author of the

Kublication be an authorized British agent, ana
e will avow himself in a bold and manly way, 1
have no hesitation in saying he ongbt instantly to
be sent out of tbe country, let tbe consequences be
what they may. Sir, in no counlry in the world
ought this point to be held more saered, and the
insult more firmly repelled than in the Uoii«d
Stales, where our presses are under no reatraiD'"
where not only freedom, bnt licentioasness, char-
acterizes almost every page.

But, sir, our degradation does not sttip here. Let
me select one other act for a ainde animadversion.
Tbe British are now driring a airced tiade,in yi^

.yGoogIc

377

mSTOBT OF C0KGBB86.

878

Fbbbuabt, 1800.

Parliai Septal of the Embargo.

S CM ATI.

Ution of OUT laws, on oar Souihern froniier; Mod
wbilit it demoiiEtme* Lhr importance of oar com-
merce 10 iheir proiperlly, it at ihe same time de-
grades us b«lowlhe SpaaithcoJonies; for they do
tomeiimes resist lucb aggressions, but we tahe
them with patient forbearance and quiet submix-
lion. Let me now, lir, compare the iDJurips and
in suits received by the United Stales, and by other
Balions, from Qreat Briiaia; aod contrast the
resistance. Sir, I wish I could ipare t&yself the

Eaio and mortification of perforniiDg this task;
lit, sir, I deem it indispeassble. It Is a sacred
duty 1 owe to the people, and must be perforined.
Sir, the demand upon Denmark, whilst obserTio^
an honest neutrality, was, to be sure, flagitious,
butit was resisted by war. The overture to Swe-
den, whilst in the depth of distress and diffieal-
ties, to be sure, was perfidious, but the meneoger
was ordered tu be incatcerated. The conduct in
Portugal, whiltC weak — deserted b^ its Qovern-
ment — conquered almost by a foreign host — was
cruel and insulting; but it was repelled with in-
digDalioo,aDd perhaps by hosiility. Tbehorridca-
iBsirophe of the bloody tragedy in Spain is not yet
known ; and as my mind is perfectly eiempt from
even the semblance of a wish lo eiaggerale Brit-
ish outrage, so I will suppress my aniicipalioas in
relation to the fate of Ibe Spanish fleet. WhiUt
the United Slates, more injured and insulted than
all these nations together, are alone lo bear with
pttient meekness aod long Buffering; and Ihe gal-
lant, honorable, and high-minded American peo-
ple to be told there are no causes of war 1 — that
they must be still more humiliated — still tiirChet
degradnl I Wait, with patifoce, till another cat-
alogue of injuries and insults shall stiin the fair,
nnsullied page, of your national character I And
some men go so far as to recommend submission
altogether ! Mr. President, the tore of peace is
one of the tnost amiable passions of the human
mind. It is fondly cherished by the American
people. But, sir, when it degenerates into a fedr
of war, it becttmea, nf all pa^-sioas, the most des-
picable. In ita application, it is, of ail others, ihi

ind r

lie

cites contempt and invites attack from abroad,
whilst at home it dispirits the people, and disqual-
ifies ibem from exeilins the energy they possess.'
Is there not ground lo tear,sLr,that Great Britain
has mistaken the cbarecieroftbe people and Qor-
ernment of the United Stales iu that respect 1
And, ifso, is it of DO importance to tindecclreharT
And how can this be done? It can onlybe done
by manly, (^n, direct, and honorable war. Lei
war, ifaen, Mr, be openly resorted to, and vigor-
ously condncled. Gife the people an opportunity
of retrieving their oharacier, or al least of pro-
claimingtheirirue character lo the world. It will
even be fuand economical of blood and treasure;
it will in Ihe end be favorable to peace itself; for,
sir— permit me to borrow an appropriate and em-
phatical eipression of a gentleman fVom Connee-
ticut,(Mr.HiLLHonaE} — it will be a war for peace.
Yet, sir, as that gentleman expresses it, we must
Gghl for peace. Without war.or fortunate eve nli
abtoad, I un Milisfied we cut lutra na peace.

1 fear, Mr. President, I am trespassing too mack
on the kind indulgence of the Senate, but, sir, I
cannot conclude my observatioDs wiihoui exam-
iniogihe mast promlnentubjectiunt urged against
a war with Great Briiain. This I propose to do
with candor and impariialiiy.

The first objection is derived from Ihe suppo-
sed character of (he qnarrel in which Great Brit-
ain ii engaged. It is said she is Qghiing the battles
of tha world against the spirit of French domi-
nation. That her national existence is ai stake.
That she is fighting merely for her natale aoluns,
&«., whilst France IS contending forlhedomiDioa
of the world. This ja not the true character of
the quarrel. They are both fighting for domina-
tion ; each upon the element to which he can ap-
ply his power. France claims domination on the
land — Great Britain on the ocean. But ilia baid if
tha Emperor of France should succeed and de-
stroy Qreat Britain, or control her fleet, his power
would he directed against the United States, and
they would be the next victim. This is a remota
and ediremely improbable contingency. It is my
opinion that the chauees are greatly in favor of
Great Britain's succeeding in the contest ; and I
believe that our situation would be just as criti-
cal, if Great Briiain, having the command of her
fleet, had also the commend of the men on the
eontineni,as if France, having ibecommand of tb«
men on the continent, had alio the command of the
British fleet. In either event we could expect no
mercy, and ooi only reliance for preserving our in-
dependence would, as it ought always to, be, upon
ourownconragsand resources. I would, therefore,
depr«cele either of these events. But, sir, whilst
I should deplore the circumsianeea of either of
these nalionssubduing the other, I think the chan-
ces of ultimate success in favor of Qreal Britain.
I will aiate a few of the grounds of this opinion.
In Great Briiain the Government is strong, stable,
popular, and from her insular aituntion, the navy
aflords ihe nation a complete protection against
foreign invasion. The resources of Great Britain
are great, and her people bnje and loyal, dbe.
These afford her altong securities. In France,
the order of things is scarcely settled. The <tv-
nasiy is new, probably depending on the life of a
single individual ; the chances of his death alone,
and the probable consequences flowing from that
single event, give to Great Briiain a belter pros- -
pect of final success in the contest than any
reasonable eileulation of probable events would

Eve France, in relation lo ibe conquest of Great
ritain. This consideration, therefore, hat no
alarms or terrors for me. It is certainly a mete
poaaible eoniingeney against every calculatioB
upon probable events— il is visionary. But, air,
where does this sensibility— (I will not eall it
sympathy, because Qreat Britain has no feeling
from which it can be derived) where, I say. sir,
doea this sensibility for the safely of Great Brit-
ain exist? I believe in Ihe United Stales alone;
certainly notioiheBriiish nation QorMinisiry. Let
me call your recollection to Mr. Canning's Ian*
guage on this subject. Do you hear him express
any whiningf^'ari of theloBs of national existence?

.yGoogIc

879

HISTORY OF CONGRESS.

380

Sbnatg.

Partial Bepeal of Iha Embargo.

Febbdait, X809'.

any timid alarms from the influence or French
powEf 1 What does he sa^, sir 1 On ihe 23d of
Blipiember lasi he t^lls you, that Booapaite's gi-
gaotic pcojecis of domJQalioQ were then broken
up into Iragmeots, Ullerly harmless and coatempli-
bfe. And on the 23d of November last, that Booa-
Mrte's decrees vere merely noniiiiBl; tbst Troin
his impoleocy they bad ceased to he mischierous
in practice, dtc, dec. And what do the Miaisterial
pamphleteers tell you'J Why, sir. that Bona-
parte and his train of depeadeat Kings are the
tributarie!> of Great Britain ; and that the British
rirals alio ihall ToUow in the train to grace the
magnificence of the aceae, and shall cooiribuie
their homage also to the supremacy of the Brit-
ish navyl Is this the language of a nation ilrug-
gling for its existence 1 Is to it the language of
a DBiioD trembliog with alarms of subjugaiion
from French poweri No, sir, the British nalion
has DO such feeliora Qor apprehensions; this ten-
•ibility exists onfy in the United Stales. ' If
Great Britain really fell these alarms, she would
feel more respect for the rights of other nations ;
•he would moderate ber claims upon the ocean ;
the would leave to other uationd tome little share
in the exercise of rights upon ihui element. But,
■ir, where will ibis argument end? If on account
of some remote, improbable, and coutinzent dan-
ger, we are to bear all the wrongs already heaped
upon us by Great Brilain, when are we to stopl
When will the load become too grievous to be
borne 7 1 wish this point ascertained and fixed,
that Great Brilain mav know it, as well as our-
selves; for there is no doubt she will pile onuses
long as we will bear, and perhaps she may over-
step the bounds from the want of knowing the
limits. Sir, these grounds of objection are uosub-
stantia!; they are nothing more ihaa

Great Bril

s for
D think otherwise we de-
The plausibility of these sug-
gettiODs may, perhaps, however, have extended
tneir induence beyond the sphere of British pre-
dileelioos. But, sir, I am convinced in all those
cases, it has arisen from the want of due consid-
eration of the subject.

The only efiecls of entering into the war against
Great Britain, would be to lessen the range of hi
commerce, and limit the dangerous influence!
ber navy, end thus to restore to ourselves some
of our lost commercial rights. But her national
existence even in that case would not be eadan-
gered, and even if it were, she could stop the war
at pleasure, by doing us lest than jusiice.(c)

Indulge me now, sir, in examining another ob-

i'ectioQ against entering into a war with Great
Irilain; which, while it isthamost unaccount
able, has, I believe more influence on the miodi
of gentlemen, than all other cookideralions taker
together. It is, sir, the strange suggestion, Iha
the British Ministry bad refused to accede to the
just and reasonable propositions made on the part
of the United State3,from a belief of the insincerity
of our Government in conducting the negotiation i
and that, if the overture could be renewed in sio-
cerity and good foitb, it would be accepted on the

part of the British Government. Groundless and
extravagant as this Eupposition is, petmit me In
make a few observations on it. In the first place
I would ask, by whom have our negotiations with
Great Brilain been coitducleil since the cam-
oflhe present Administration 1 First,
by Mr. King. Has Mr. King ever made any in-
timations of insincerity on the partof the Admin-
duriog his agency? I believe not. 1
: that Mr. King entirely approved of tha
pursued durlns hii time, atid lam sure the
ii«tratlan highJy approved of his conduct,
reitwas judicious, honorable, and dignified.
I presume some re:<pect might be paid to hii ne-
gotiations by Federal gentlemen, for I believe he
yet forfeited luelr confidence, If I am 10
opinion from the votes given to him for
the Vice Presidency at the late election. The
gave him all the votes which were at
their disposal, The next agent on the part of
the United Stales was Mr. Monroe. From latt
occurrences it cannot be presumed that Mr. Mon-
roe is in possession of (he koowledge of any cir-
cumstance of insincerity agaigst the Adminisirt-
tlon, which he would withhold frona the public.
Mr. Monroe has, in fact, written a book. He hii
told all he did know. Although, soraetime •ince,
WB often heard it said, he could tell more ihan
he would tell. But no evidence of insincerity bat
yet appeared. Our present agent is Mr. Pinkney.
He is a Federalist: an intelligent, honorable, and
respectable Federalist. Some confidence, it it
supposed, might be paid to bis opinions, and com-
munications. Yet it is known that he approve]
of the measures of the Adminislration, as fat as
they go, but he would go further. If. however,
sir, gentlemen disrespect the te«limony of all these
witnesses, let me present them with another, to
whom, upon this point at least, the^ will cerleinlv
yield some respect. It is Mr. Canning:- Although
nis desire to cherish and encourage this delusion
may clearly be seen, through the prevarications of
his two last letters to Mr. Pinkney, yet he ei:-
presily tenders Mr. Pinckney the homage of hii
respect for the candor and liberality displayed br
Mr. Pinkney in conducting the negotiation, and
it is very easy to discern that be is compelled to
respect the molivea which dictated Mr. PinkDef"!
instructions. (J) But,sir, it was placed completely
in Mr. Canning's power to put the sincerity of our
Government to the test, by accepting, instead of
rejecting, the frank and reasonable propoiitioa
offered to him by Mr. Pinkney. His rejection
of it is proof positive, that he did not wish to put
tbesiacerily of our Government to the test. Again,
sir, let me beg your attention to aoQlher consid-
eration. Whatever errors the political opponents
of the President may fancy they see in his general
character, their prejudices could never carry them
so far, as not to exempt hiui entirely from the
passions of political ambition, and personal ag-
grandizement. His voluntary retirement from
his present station, it irresistible proof of his ex-
emption from these passion*. In a few days he
goes into a chosen retirement, lo enjoy the bles-
siags, ID comnaoa wiih bis fellow-citizent, which

.yGoogIc

S81

HISTORY OF CONGRESS.

Fehrohrv, 1809.

Partial Repeal of the Ewhargi>.

his wise Admin istratioQ has s{iread over this ex-
(eoded couDlrf ; Rnd, sir, id his solilade, with a
heart overflowing viih graiitade, I sincerely hope

he will enjoy all ihe happiness which is ihe juM
reward of llie Bmiableaeas and philanthropy of
his character. But, gir. under such circumslan-
cea. what poseibteindueemenl could he haveforan
act of in<:ineerity in condoelitig onr foreigh rela-
tions ? What possible iadtieetnent could he hare
to inTotre his couDirr unnecessarily in war? In
his retirement, be will he b« ranch subject to the
good or bad consequences of bis own measures, ai
any other ciiizeu ; it is not, therefore, possible to
conceive that be would adopt luiuous measures,
while he himself would he subject to all their
COQsequeaees. No, sii, this sugijeitioik of iosin-
eerily is aoihing raore than a miserable delusive
risioD ; a mere catch of the human mind, to in-
dulge itself iit its own passions and prejudices,
wheo there is no justificatioD that can be derived
from more ssbstaDtial coaaide rations. It is the
result ofa forced suspicion, for the want of some
document or paper, as a juslificHlioD for the in-
dulgence of these anforluDate passions. Observe,
too. the incansistencies and absurd coDtradicIions
of gentlemen Laborinj under the influence of thcse^
passions. In Iheaanie breath, sir, tbe)' accuse the
President of such a devotion to a vain philan-
thropy and speculative philosophy, as to disqualify
him for the ruggied duties of a politician, and of
an insincerity in conductiog our foreign relation;,
with a view of involving the United States in
war, in direct opposition to the habitual and dom-
inaul pans i on s of his mind. No, sir, the President
is (he lover of peace, and I fear that his amiable
and anxious solicitude to preserve it, may have
bad some lendency towards rendering war iodis-
pensable. Sir, tbeie prejudicHand jeBluusies,sD
causelessly indulged by gentlemen, may have, it
is feared, tlie moat nnfurcunate influence upon the
interesU of the American people, and upon the
characterof the American natinn. Fur, sir, when
jealousies and prejudices dnce take bold of the
human mind, they distort all facts, thef invert
all just inferences, and they make themselves the
food for their own subsistence and indulgence.

Let roe now, sir, solicit yonr attention to one
more consideration In relation to this subject. If
it be once adtnitled that the hostile measures of
Oceat Britain against the commerce of the Uni-
ted Stales, are dictated by the settled determina-
tion of the Ministry to exercise exclusive domin-
ion upon the ocaaik, you will find in that prin-
ciple alone the solution of all our difficulties in
our negotiations with Gr«ai Britain, wicboul
resoning to Ihe delusive and axtravagant suspi-
cion of an insincerity on Ihe part of the AdmiD-
istration. That this ia the real principle which
hasdictated her raeaaures, 1 ihink Ihave demon-
strated beyond the possibility of a doubt; and
nothing bui adverse events in Europe, or war by
the United States, can, in my judgment, induce
her to recede from a principle at once so fasci
naiing to national pride, and gratifying i
cantile cupidity.

send a deputation of a chosen
band of British panisana, even headed by Mr.
Erakine himself, that the British Ministry would
not sacrifice this favorite visionary project of ag-
grandizement upoh the altar of their combined
upplications and inlercetsions. This is not a
[ueslion of mere complaisance between ihe two
lalions. It is a question of power, df lawless,
inrelenting power on one side, against right, uo-
lUestionabie unassuming right on the other.

Mr. President, does it not apjiear from a ro-
riew of all the facia and obseiraiions I hare now
bad the honor gf presenting to this Senate, tbai
forbearance has extended to its utmost limit;
that without some relaxation oo the part of tha
belligerents, war is inevitable; and that we have
pedieol left, but to demonstrate by our own
:ies, both to Great Britain and Prance, how
I more interest Ihey bar* in cultivating our
Diendsbip than in provoking our enmity? Mr.
PrcsLdeni, from ibese obserrations, it will be also
idily seen thai the proposition before us is
pitched to a key several tones below that which
my wishes and my views of (he public interesla
would strike. I hope, sir, ii is still within the
limits of national honor and national interests.
Strike only one key lower, sir, and I fear it will
sound iu national disgrace and dishonor. How
desirable, therefore, is it, tir, that we should all,
of all parties, unite in some propositiou to sara
the honor and protect the interests of the oationf
And may not this yet be hoped fur, when Fede-
ralists, as well as Kepublicans, have all entered
their solemn protest againsi submission 1 After
having displayed att almost unanimily in favor
of resistance, may we not hope for an equal
unanimity in favor of the extent and mode of re-
sislancel May we not indulge the hope, that
gentlemen who differ with us upon politicjl sub-
jects generally, will nonr meet us upon this prop-
osition of conciliation and concession? Parti

laily, sir, when they must know and see the dan-
gers of division 1 When other naiionahave lately
presented so many instructions and horrible ex-
amples of divisions ; that at all times one partvu
a* much ibe victim of them as the other; ttial
the ruin to both is equal and indiscriminate, and
llie advantages alone to the common adversary
of boih. And, sir, can it be necessary to urge any
arguments to those who have usually associated
in political measures and opinions against ibe
ruinous effects of divisions amongst (hemseWesT
Surely not, sir. The ruinous efiecis must be ob-
vious to every genileman. Is it not better ihen,
sir; is it not more hoaOrable, wise, and magnani-
mous, for each genileman to concede something
of the particular views which he has taken of
our difficulties, lo the varying views of his friend
and associate, than by pertinaciously adhering to
the full extenl of hia own, paralyze and destroy
Ihe views of both 1 The spirit of conciliation and
concession is peculiarly recommended by tb«
novelty and difficulty of our situation ; and sure-
ly, sir, DO gentleman has yielded to its influence
more readily, or to a greater extent, than myself.
I could DDt give a sitongei example of its operat-

.yGooglc

383'

HI8T0BT OF CONGRBSS.

384

Sbnatb.

Parttal Reptal ef the Embargo.

Fbbbdaiit. 18f>9.

iDg influence OD myMll; (banthepropcuitioa now
aoder eon side mi iao affords; tod I would require
DO cheater conce^oa an ibc pan of sajr other
^nlleman. Let ua iben, sir, unile in thia propo-
niioQ. I believe it will aare the honor of the
naiioo ; it will settle for ua the quealion of peace
or war, by (he mceliog of the next CoDgreai; il
will be a coDiiaual protest agiiuit the ho*ii1e
edict* of the aggressing belligereota} apd il will
sive U9 lime for effectual aod actire preparaliona
for defence and of ofiunce. Lei us then, for tbi
preaenc. asaume this attitude, and direct all ooi
atleolioa to those indispensable object*. Let u:
meet here in May next, in a ttate ofreadinesa fo:
war; aud if, in the interval. □□ relaxation of thi
hostile orders and edicts of the belligerenii should
take plaoe, let ua then call into action the whcii
resources and energies of the nation to assert ou'
Tighls, and to do ourselves that justice which ii
aow so ruinously and iniquiloualy withheld.

[NOTES.
(«) Extrad fiom a cnteealuM beitotta HU Briiannit
Mitittty and the Emprai of RuMia, tigned at Lon-
don, Xbth of March, I71I3.
"Article 3. Their said Majesties reciprocallj engage
b> shut all their ports against French ships ; not to per-
mit the exportation, in snj ctM, fntn theii mid porta
for Franca, of any military or niTal itorea, or com,
grain, salt neat, or other proTisions; and to take all
other buasures in theii poirer for injuring the cotn-
KMree of France, and for bringing her, by such meana,
tojnst cooditioni of peace.

"Article 1. Their Majeetioi engage to anile all thair
•Abits to prereat other Pol»Bn, not, implicated in this
war, from giving, oa this occaaion of common concern
ta everj ciiiliied State, anj pial«ctioa nhateTOr, di-
McUy or indirecU;, in consequence of tlieir neutrality,
to the commerce Or property of the French, on the aea
or in the porti of France."

A limilar treaty iraa entered into betneea Hi* Bri-
tannic Majeaty and the King of Basia, on the 23d of
May following ; with the King of Proaiia, on the I4th
July {eUoieing; and with the Emperor of Austria, on
Iha 30th of August fi>IIowing.

"I nrged STeiy argument that suggested itaelf to me,
in support of the neutral right* which I contended were
injured in this instance ; pointed to inconveniences that
would attend the eiecutioa uf the instructions, and
arged that the case put by Vattel, of a well grouniled
hope of reducing the enemy b; fiunine, did not exist,
provisions being cheeper in the ports of France than in
thoH of England. Lord tfienville, on being aaked.
Mid Spain would pursue the same line of conduct; and
upon its being objected, that even their late conven-
lien with Russia did not extend to this subject, he an-
awered tliat, though it was not eipreeaty mentioned, it
was fully andenrtood by both parties to be within the
intention of it. Althe close of Iha converaatitHi, I told
hhn IshoiUdtraaimittheaeinatiuctioiistayou.accomps-
nied by his raaaona in thsii justifiutien. Lord Oren-
TiUe spoke in high teims of approbation of the answers
lo Mr. Hammond's memorial, which he received by the

trtfcrtntadekwan

MA of Afml, im, on tht tubftet offer-

tign rtialiptu, reaipiluiating th* orda- of beUigtT'

ent aggreanon* on neutral Iradt.

" 1st The British order of June, IS03, nnlawfelly
rsatricting the trade of ^e United Statoa with a cei-
tain portion of the Qnbloakaded ports of her enemiea. and
condemning vessels with innocent cergoee, on a return
bom port* whore they had depoaited contreiiand articles.

" Sd. The capture and candemnation in the Bntish
Conrta of Admiralty of Ameiican property, on a pre-
tended principle, debarring neutral nations from a trade
with the enemies of Great Britain interdicted in time
of peace. The injorie* euflered by the ciliiona of the
United Stales, on this head, arose not from any public
order of the Britieh Council, but from a Tsmlioa in
the principle upon which the Courtu of Admiralty pro-
nounced then- decirions. These decisions have indeed
again varied, without any new Orders of Council be-
ing issued ; and, in the higher Courts of Admiralty,
acme of the decisions, which bad formed the greatest
cause far complaint, have been reversed and the prop-
erty restored. There still remains, however, e heavy
claim of indemnity for confiscations, which were made
during the period of these unwarrantable decisions, and
for which all negoliatioa has hitherto proved unsvuling.

" 3d. Blackades notified lo the Miniater of the Uni-
ted States at Iiondon, and thence made a ground ot
capture against the trade of the L'nited States, in en-
tire disregard of the law of nationa, and even of the
definition of legal blockades, laid down by the British
Government itself. Eiamples of these illegitimate
blockades, will be found in the notificailons of the block-
ade of May ISth, 1808, of the coast from the ri'el

coast between the aame — blockade 11th of May,
leOT, of the Dardanelles and 8myrne-.btockade of the
8lh of January, 1808, of Carlbagcna. Cadiz and Bt.
Lucar, and of all the intermediste ports between Car.
thsgana and St. Lncar, comprehending a much greater
extent of coaet than the Whole Britah navy couM
blockade, according to the eatabliahed law of nations.
" 4lh. To these injuries, immediately snthoriied b^
the British Government, might be added other spun-
aus blockades by Britieh naval eomroandera, paiticn-
Url; that of the island of Cunacoa, Which for a vary
considerable period was made a pretext for very eitsB'
sive spoiletions on the commerce of the United Stales.
" Gib. The British Proclamation of OclDber last,
which Diakea it the duly of the British officers lo im-
preas from American merchant vessels, all of such of
their crews as might be taken or mietakan for British
subject* — those olScers being the sole and abeolule
judges in the case.

For the decrees and acta of the French Goveni-

it, violating the maritime law of nations in respect la
the United States, the committee refer to the inetancas
contained in the report of the Becretarj of State, Jan-
uary SSth, 1 eOd, to the Senate ; in ona of which, via.
a decree of the French General Ferrand, at St. Domio*
go, are regulations sensibly aHecting the nautral aad
--- imarcial rights of the United States.

The French act next in order of Ciawi is, the decree

af November 21, 1B06 — declaring the Britieb Isles in

state of blockade, and professing to be b ratalietion

n antecedent proceedings of Great Brilieh violating

the law of nations.

TIlia deerea waa fallowed, fiiat by the British oidw

.yGoogIc

385

HISTORY OF CONGRESS.

Partial Repeal of the Embargo.

Senate.'

of JaDnarj, I80T, proieaiing lobe ■ reUliatiOD an thtt

decree, and subjecting to capture the tnde of the Uni-
ted StBlea, from the port of one belligerent lo a port of
another — and Kcoiidl;, bj the orden of November
last, profeBBing to be a further retilUtiou on the Hme
decree, and prohibiting the caoiinerce of neulrala, nith
the enetniea of Great Britain, aa explained in the afore-
aaid letter of Mr. Enkine.

"These last Britiah orders again, baTe been 'followed
by the French decree of Decornber !7th, purporting to
be a retaliation on the aiid Orders, and to be put in
force against the commerce of the United States, u
■lated in the aforesaid letter of Mr. Champagn^ ."
(Ji) Geobob IL — Inalmclion lo the commandert of our

ihipt of war andprivatteri - given at our Court at
Windmr, the Utkday of April, in the i8lh year of

our reign.

" Our will and pleaiure is, that joa do not interrupt
any neutral vessel laden nith lumber and proiisions,
and going to any of oar colonies, islands or settlements
in the West Indies or South America, to whomsoever
the property may appear lo belong, and notwitbMand-
ing Bueh vessel may not bsTe regular clearanceii and
documents on board ; and in ease any veasel shall be
met with, and be in her daa courrfe lo the alleged port
of her deatination, an endorsement shall be made on
one or more of the principal papers of luch vosiel,
specifying the destination alleged, and the place where
the TCBsel was so visited. And in case any vauel lo
Uden shall arrive and deliver her cargo at any of our
colonies, islands or aetlleiDenla aforesaid, such veasel
■hall be permitted to reeeire bar Ireigbt, and to depart,
either in ballast, or with good* that may be legally ei-
ported in sach vessel, and to proceed to any unblock-
aded .port, riotwithstauding the present hostilities,

by the Governor, or other person, having the chief civil
command in lUch colony, island or settlement. G. R."
(c) Can a.ny thing be more important to th« United
States, than, to ascertain with nne;uivoeal certainty
' ':h the Orders in Council
in tiously believe, they are
founded Upon the principle of eiclosive dominion upon
the ocean ; 'wbal would be tttt effects of a war with
Fiance, which is recommended aa a palliative by aome
gentlemen! Would it not be lo rivet upon the Uni-
ted Btales the commercial ahacklM lutder which they
are now groaning ? In what chaTactar would this na-
tion act with Greet Britain in the war 1 Asac^iiy,or
as an independent nation ! In the event of ■neean in
establishing the principle of the war, the eiclnsive do-
minion of Great Britain on the ocean ; what share of
jurisdiction would stie deal out to the Unit«d StateaT
What share couid her rivala expect from her domineer-
ing pride, her ipirit of monopoly, and her mercantile
cupidity! Fellow dtixena! ponder apon these qaei-

((f) The following paragraph contains an eitraordi-
nary example of Mr. Canning's preraricationa. It ia
token from his letter to Mr. Pinkney. of the S2d No-
vember last. The object of writing this letter, appears
principallj to have been, to prepare Parliament, now
probably In sesnon, by anticipation, for the eiplsna'
tion of an assertion made by him to Aa preceding
Parliament. It is presumed, he thonght this anertion
necessary to induce Parliament to give his energetic
Orders in Council the form of law. Hear him, in his

10th Cos. 2d Seis.— 13

*>It is to to these miaoions that I particularly referred,
when I said that 1 had 'more than once eipected you
to open a correspondence with me upon the subject
of the Orders in Council.' This eipcctation it was
that alone prevented the sending instructions lo Mr.
Erskine to reply to the note addressed to him by Mr.
Madison, on the 25tb of March, in answer to tbti
note of Mr. Erskine's In which ha communicated the
Orders in Council, and in allusion to these missions,
particularly to that of the Osage, and to the expacts'
tion which had been founded here, upon the return
here of tint vessel stXer its voyage lo France, it was,
that I made that declaration in Parliament which, I
see. has been the aobjecl of some misapprehension,
(I will not aay misrepresentation) in America, that
'since the terminatian of Mr. Rom's mission, the
American CfoTemment had not made any commnnica-
'n a tone of

The public will doubtless be sarprised to be informed,
that previons to Mr. Canning's making this unfounded
assertion in Parliament, he had not only received irom
Mr. Pinkney the most pointed and eloquent remon-
strance against these Orders in Council, within a very
few days after they were first issued, but that he bad
also previously received the most formal and urgent

Temonstrancfl from Mr. Madison, dated day of

, through Mr. Grskine; the modinm of communi-
cation pointed out by himself. I had, on a former oe-
caaion, made sudi observaliods in the Senate upon
this profligate conduct, as it appeared to me to merit-
The repetition tiiercfore was deemed nnnecessary in
this debate, although the aubject was indmately eon>
nacted with it. But u those obeervations have never
found their way to the public view, and as it ia deemed
highly important that tills transaction should appear
in ita true character before the public, I have thought
proper to subjoin it by way of note ; and merely to re-
mark, that the aasecdon' made by Mr. Canning was a
false suggestion, boUi in ita essence, and in ita conae.
quences ; and even, according to the most indulgent
construction of Mr. Canning's own deitarons expla-
natory equivocation, it is an intentional snppipssion
of the truth. How far the British Parliuncnt will be
pleased, or feel itself disrespected, in being thus en-
trapped into a measure, involving the deepest interests of
that country, is for its eiclusive determination. But it
must be peculiarly aggravating to the American peo-
ple to be informed, thai an attempt has been mode to
blot them from the list of independent nations, lo Colo-
nize, and to tax Ihcm, upon no better foundation than
a mere Ministerial stratagem.

Extract* from the Jbumaltoffhe Ibiueof Connnont.
" MsicuBir, 8 on Mabtii ;
"Anno 13, Oeorgii Regit, 1736.

" ReMohed, That an humble Addieas be presented
to Uis Majesty, that he will be grodonaly pleased la
give diiBclions, that the memorial present«d to His
Majesty on Thursday last, by Monsieur de Palm, the
Imperial Resident, may be laid before this House.

" Ort/ero^, That the said Addrees be presented to
His Majesty by such members of this House aa are
of His Majesty's moat honorable Privy Council."
"Ldhb, I3niK MiBTti;

" Anno 13, Gtorgii Regit, 1736.

" And a complaint being made to Ihe Hoaae, that
the BDtMtance of the said memorial h4id been printed
and ptJiliohed in a p^*r, entitled :

jjGoogle

HISTORY OP CONGRESS.

Sbnatb.

Parliai Repeal of the Embargo.

Fbbhcabv, 1B09,

"Tranilation of the memorial praiented in Latin ti
the King oF Great BrtUin, bj Montiear de Palm, tbi
Imperial Reiidant, npon the Spenck of hii Britannic
Majeity mads to the two Hauiea of hie Pariiunent on
the 39-17 of Janoar;, 17B6-'7.

" The raid printed paper waa brought up to the table,
md read.

" The laid printed paper it bonnd np with the other
papen of thi> aeiaioa.

" Setohed, nemine ronfradUente, That an humble

indignity offered to his Moet Sacred Majeaty, by the
memorial deliTered by Moniiear de Palm, the Einpe-
nt'a Reatdent, and at hia ineolenoe in printing and
dieperaing the *ame throughonl the Kingdom ; to de-
dare their utmoet abhorrence of this andadoui manner
of appealing to the people againat hia Majeaty, and
their deteitation of the praaumptuDDa and rain attempt,
in endeavaring to initit into the mindi of any of Hia
Majeaty'a 6uthful BDbjects, the leaat diatmet or diffi-
dence in hia moet aaered royal Word :

"To retnm Hia Majea^ the tbanka of thii Honae
ft>T hia care and vigilance in diacoTering the secret and
peniicioua deeigna of hia enemiea, and hia goodneae in
eommunicating to hia Parliament the dangara that
threatened this Kingdom ; and to aaanre His Majesty
that thia Houie will atand by, and support Hia Majea-
. tj againatall hia open and secret enemiea, both at home
and abroad ; and effectaelly defeat the eipectationa of
all anch as may have in any manner countenanced, en-
oouraged, or abetted, the diaturbera of the public tran-
i]uillity, in this extravagant insult upon His Majesty ;
or flattered them wilb hopea. that an obstinate perae-
veranca in their destructive measures could stagger the
flrmneas of the British nation in vindication of Hia
honor and in the defence of their rights and privi-
■•ges.'

" OrtUrtd, That a committee be appointed to draw
op an Addreaa, to be presented to His Majesty, npon
-die said resiriiition.

"Vesh

iMxi

0 13, Gcorgu RtgU, ITSS.

"Tlie Speaker reported, that both Houaes did, yea-

tardBT,attend His Mi^eaty with their Address; to which

His Majesty waa pleased to give this most gracious

"Mi Loina aiu OxnTLiitaif : Your
concurrence in this dutiful and affectionate addreaa
fives me the graateat satisfaction. The just concern
yon eipresa for my honor, and the dignity of ths Cr^wn,
tsvery becoming a British Parliament; and this Iresh
proof of your confidence in me ivill convince the world
that all attempts to divide onr hearts and intereita will
be vain and ineffectual."

ToESDAv, Pebraary 14.

The Senate resumed the consideration of the
motioD made by Mr. Hillhocse yestet-day ; and

Rttohed, Tbataeommittee be appointed toeiamine
and report whether any, and what, further regulationa
or provisions are neceaeary to check the allonanco oi

oounts, and to prevent an improper expenditure of pub-
tic money ; and that the committee be aiilhorized to
CbH on the several Departments fbr tach information
and papers aa may beneeeasaiy to aid them in their in-
quiiji and to laport' by biU or otherwise. |

Ordered, That Menrs. Qilbs, HiLLaousB,a[M]

Crawford, be the eommiilee.

Mr. Qrboo. from the cotniniliee appointed on
the subject, reported a. bill authoriziD^ an aug-
menlalioD of the Mariue Corps ; end tbe bill vras
read, and passed to a second reading.

Mr. QsEQO also reparied a letter and eslimate
from tbe Secretary of the Nary, on the subjecl, foi
consideration.

A messaffe from the House of Represenislivn
iDfortned tne Senate chat the House have passed
a bill, entitled ''An act ezieodiDg tbe right of
suffrage in the Indiana Territory, and forolbei pur-
poses;" also, a bill, entitled "An act for the relief
of Daniel Oollon;" in which tbey request the
concurrence of the Senate.

The two bills last brought up Tor concarrenee
were tend, and passed to tbe second reading.

A messaze from the House of Representatives
informed the Senate thai ibe House bare passed
abill, enlitled "An act for the disposal ofceriaio
tracts of land in the Mississippi Territory, claimed
under Spanish grants, reported by the land com-
niissioners as antedated, and for other purposes;"
m wbicb ihey request tb« concurrence of th«

The bill was read and pasted to -the aeeood
readiiig.

PARTIAL HEPEAL OF THE EMBARGO.

Tbe Senate resumed the consideration of tbe
motion made-on the 18th instant, viz;

"That the aeveral laws laying an embargo on aS
ships andveBsels In Ibe ports and harbon of ths United
fltates, be repealed on the 4lh day of March nart, ex-
cept aa to Great Britain and France, and their depen-
dencies ; and that proviaion be made by law Tot pro-
hibiting all commercial IntBrconrae with those nationa
and their dependeneiea, and Ibe importation of any
article into the United States, the growth, produce, of
msnufartiire, of either of the said nations, or of the do-
minions of either of diem."

Mr- Bayard moved to strike out the followiag

" Eicq>t as to Great Britain and Ptmnce, and their
dependencies; and that provision ought to be made by
law (iff prohibiting all commercial inleroottrss with those
natigna and their depandentnea, and tite impottatioa of
any article into the United Statee, the growth, piodnca,
or mann&ctuie, of either of the said nataona, or of tha
dominions of either of them."

Mr. Bayard iddteaaed tbe Chair at tbllows:
It will be perceived, Mr. President, by the mo-
tton whicb I have made to umend the resola-
lion offered by the honorable gentleman from
Virginia, that I do not approve of the course
whicb it seems tbe Government have determined
at lenglb to pursue. The honorable gentleman
has told us, it is not bis plan, and Igive him credit
for tbe fairness and candor with which be bas
avowed the measures to which he would bare
retorted. He. would have raised tbe embargo
and declared war against England. Being op-
posed in tbis scheme, by a majority of his friends,
his next proposition waa to issue letters of marque
and leprisu. Fiading, however, that the oiiier

.yGoogIc

HtSTOET OP C0N0KE8S.

390

FEBRuiar, ]

Partial Repeal of the Embargo.

8b HAT*.

Hou!e had refused lo ^ eren so fkr, he kkd, on
the priociple of coDcesiion and coacHiatiaD wilh
bis friends, agreed (otakC'ihe coune proposed in
the resolntion, in bopei tbnt our Taisela going
upon ihe ocean aad bein^ captured under the
Orderi in Council, would drag ibe oatioa into
a war; when, he prenilaied, the war being toade
npon OS, we would agree to Bght our enemf.
Sir, it is upon ihin rery groand, and considering
this ai its ohject, that I am oppoted 16 the reeo-
luiioD. Englana is not our enemy, nor does a
necessity exist to make ber so. I am not going
to deny that we have many, and heary com-
plaints to make against her conduct, nor shall 1
contend that caoses do not exist which mizht
justify a war ; hot I mean to uy that poticy for-
bids the measure, and thai honor does not re-

Tfae eentlemZu hai painted in very glowing
colors, lie wrongs and insults whieb we have
suQered from Briiith violence : be hat recorded
in his calilog^ne the offensive ants of British
agents, as well as the injuries.pretensiona, and or-
ders of ihe Qoreromeni. I do not mean to defend,
nor even to palliate any aggressions, public or
private, against the right« or honor of our cobd-
try ; but sir, I cannot conceal ray snrmise, that
this rrentleman, so much alive to British wrongs,
should be insensible to everything which we have
suti'ered from Prance. The gentletnan has ex-
hausted the language at terms of invective and
reproach against the British OoTernnient and
nation, but he has been silent «■ the grave at to
the French . How can it be, that wbat is wrong
in Britain is right in Franca? And where-
fore is it, that the same acts of Prance are borne
with patience, which, proceeding from Britain,
excite such aspiritofindignsiion? Youhaveihe
Orders la Council to complain of; bat have yon
not the decrees of Hii Imperial Majesty 1 We
are told that the Orders in Council give as law*,
rerntate our commerce, and degrade us to the state
of colonic* ; hM do tbey contara more, or do they
extend as far as the imperial decreeaf Do they
make us more the colonies of Britain, than the
decrees make us the colon ie« of France? And
are we to invoke tbe spirit of liberty and patriot-
ism to a resistance to Britain, while we are tamely
yielding onrsclvet to French bondagal We are
told of our Tested being forced into British ports
and compelled to pay iribate; but nothing is
said «f their being iuvitedinto French barbort
and then seized and confiMated.

With all the eompUinti against tb« British
orders, and the silence as to the Preoeh decrees,
onght we not to be surprised in discovering; that
the orders are exceeded in severity and injustice
by the decrees? Let it be remembered that this
svstemofoutraga Upon iteutnlrigkis originated on
tnepart of France in the Berhn Decree — that de-
cree,in effect, forbids neutrals to trade to England
or ber colonies, or to purchase or to carry their
nanufaciares or produce. In commenMog'this
system, France justified its principle, and com-
pelled her adversary to retaliate by tcl* of tbe
atme iajiaticfl agiiMt ntMmli who ailbmitted to

it. Tell ma which we have first and most to
blame, the one who set the example, or him who
followed it?

It is a consideration alto of great weight, that at
the time when the Berlin Decree i^ued, France
was bound to the Uoited States by a solemn trea-
ty to permit the trade which that decree prohib-
its— a treaty signed by Bonaparte himself, and
expressly providing for the freedom and security
of oar eommnce with his enemy, in the event of
wat: and if the Orders in Council are a viola-
ti<m of the lawt of nations, they are not, like tb*
Preach decreei, a breach of plighted faith. Tb«
orders leave to ns tbe direct colonial trade.

Our intereonrse is not interrupted with lb*
colonies «nd dependencies of France; but the
decrees interdict all nentral commerca with tb*
colonies and dependencies of England, as well a*
with the mother country. Your very ships whieb
entered an English port are "denationalized,"
and are liable, after the lapse of any time, thonjfli
performing a voyage otherwise innocent, to seiz-
ure and confiscation.

Another (eaiirre of injustice and iniquitvdia-
ttnguishes the decrees from the orders. By theor-
ders onr merchants are apnrized of the commerce
which is interdicted. Full time for the notice oT
[he prohibition is allowed, before the property ia
exposed by Irnnsgrension of the orders, to becoit-
ficsted or seized*. No soph forbearance can be
dLxcoT«red in the decrees, which are to be india-
criminately executed upon tbe innocent and the
guilty; upon those who oever heard or could
have heard of them, in the same manner as upon

defend the Orders in Council, or toad-
vise this nation to submit to them ; but I cooU
wish to direct some portion of the warmth and ID-
dignation which has been eiprmsed against Ihem.
against ihoee decrees which produced them, ani
which exceed them in inianity and outrage. Tbe
' object of the gentleman from Virginia ia

If this poaibility exists, the war ought to be
'oided. And it is my opinion that it does «xwl.
To this opinion I am id a ^reat degree led by a
want of confidence in the smceriiy of the disposi-
tion of our Sicculive to settle onr differences wi Ik
Oreat Britain. Vour measures have ant been im-
partiaLai to the belligerents, and vuur negoiations
have not been sincere as to England. The jen-
ileman from Virginia has called thischargeoi in-
sineerity a miserable vision. I believe, sir. it i* a
miserable and melancholy fact; and if you will
havepatience withme, I will furnish proof enough
' snpport the belief even of the most incredulotia.
i mean to show tbgi your QovernmenI has bed
in its power to secure peace with Britain by
the settlement of the differences between the two
nations, and that the means have not only been
■glecled, but means employed to prevent such a
settlement from taking place.

It will be necessary for us to consider what
those differences were.

.yGoogIc

fflSTOEY OF CONQRESa

89!

Partial Repeal of the Umbargo,

FiiauABr, 1809,

They may be lefered lo three headi;

Ist. The rule, ■■ it is oalled, of the wtr of
1756.

2d. CoDsiructive blockade.

3d. Irapreaament of seamen od board of Amer-
icin merchaat vesaels.

I do not meHn lo say, ihai ib«re Wfre no oiher
causes of complaint, arising from ihe indiscre-
tion and JBsoleace of ihe Britisb commander* i
bur ihey bad not ibe cliaracier of aBtiaoal differ-
ences, and would probably havB soon ceased lod
been forgotten if the points of conrroTcrsy be-
tween tbe Governmenld bad been amicably ar-
ranged. To sellle the differences which 1 bare
atated, a negoliaticn was opened in London, in
1803, and carried on IL1[ December, 1806. Hi*
remarkable, ifaat while this negoiiaiion was de-
pending and progressing, our OoTernment had
recourse to a step tn its nature calculated to repel,
instead of to invite the Biiiith Qoverninwit loa
friendly seiileraenl. In April, 1806, tbey passed a
law prohibiiiDg the imporiaiion of certain British
goods. The self DOwledged abject of this law was
to coerce Britain to agree to our own terms. Did
this law evjdeoce a dinpogition lu be friendly on
our part, or was it calculated to inspire a friendly
temper on the part of Eoglaod 1

It was fuel to the Qame of discord. The Brit-
ish QoTernmenl ii not less high-spirited and
proud than our own, ^nd the attempt to force
tbem to terms, was the likeliesc course which
could have been pursued, by provoking retalia-
tion, to widen the breach between the two
countries.

This measure, enforced when negoiiaiion wa)
going on, and promised a farorable result, is no
small proof in my mind, Ibat the Etecuiive was
•Btisfied with the formsof negotiation, hut wanted
no treaty with £nf{land.

I proceedtoinquira whether OUT difieiences with
Britain were not of a natare to be compromised i
and if our Goiernment bad been tiocerely^ dis-
posed, whether they might uot have retained the
relations of amiiy with that Power.

Fiist.asto the rule of 1756. This rule was
founded on the principle (hat a neutral could
not acquire a right to trade by the cession of one
belligerent in time of war, which did not exist
hut was withheld in lime of peace. The rule
was supported on the princif^e, that a neutral
could not came in aid of a belligerent and cover
its property on the ocean, when it was incapable
of proiecling itself.

I am not going to defend this role, nor to in-
quire into its origin. Thus much I will say, that
if it wa* the British rule of 1756, it was the ex-
press rule of the French maritime code in the
years 1704 and 1744. I will oot trouble vou with
the reading the decree* of the French Monarchs,
which I have on the table, made in the years meo-
lioned, and which prohibit to neutrals any but a
direct trade to the colooyof an enemy. Though
the rule of 1756 may not be an ancient rule, yet
we must admit it was a new rule, introduced in
the present war, and contrived to ruin or' injure
the American commerce.

Prance was unable to tr«de with ber colo-
nies; the United Slate* became her carriers, and
under our flag, the maoufacturet of the mothei
country were safely carried to the colonies, and
the produce of the colonies transported lo Europe.
This trade was certainly as beneficial 10 Franoe
as pLfiiable to the United States. Britain only
was the suffi-rer, and the rule of 1756 was revived
in order 1o take from French commerce the pro-
leciioo of a neutral flag. Our Government were
cert&ioty right in cUlming the free enjoyroenl of
this prottable trade, but the only question is, whe-
ther the neuiral and belligerent preteoiion did
Dot admit of adjustment by each side making in
equal concession of points of interest.

The Treaty of 1806, which ihe President re-
jected, fairly compromised the dispute on this
subject. The 'eleventh article of that Treaty
secured to the United States the carryiog tr*dt
ofFraDaeand her colonies, subject to lerini some-
what ineonrenient to the merchant, but reiide>
ingilso less beneficial to the nation. The treaty
requires that goods exported from France or
her colonies in American vesseis'shall be entered
and landed in the United States; and when ei-
poiied from France through the United Slates to
lier colonies, shall be liabTe to a duly of one per
cent,, and from Ihe colonies to France of two pet
cent,, to be paid into our own Treasory, This
regulltion of benefit to the Government, bf. the
duty which itgavc to it, wasof little prejudice to
the trade, and there is no room to doubt that ihe
trade, thus secured from the spoliations lo which
it was before subject, would have flourished be-
yond its former limits.

Our differences, therefore, as to the earrving
trade so much baraBied by the British ruleM
1756, not only admitted of cotnpromise, but w»
actually settled by an arraogeraent in the Treaty
of 1806, with which the nation would have bees
perfectly sal is Bed.

The second head of dispute regards the prac-
tice of construettTe blockades. The complaint on
this subject was, that blockades were formed by
proclamation^ and that neutrals were compellea
to consider porta blockaded before which no force
was stationed. That the principle of blackade*
was extended to unwarrantable Iimiu,ismostca<-
taiuly true, and there is no question a* to our haV'
ing just cause to complain of Ihe Teialious in-
terruptions 10 which it exposed. our trade. The
present war between Prance and Eoglanil is
without a parallel between civilized nations; it
ia not a struggle for renown or ordinary conqaest|
but on the part of Britain for ber independence
and existence. Principle* of neutrality or of
right have been little regarded upon tbe land
or. upon the ocean; and the question wiih tbe
belligerents has been less what the law of Da-
lions permitted theto to do, than what their
strength enabled them to accomplish. It is un-
lawful for a neutral to attempt to enter a block-
aded port — but a {)ort canoot be considered as
blockaded unless a force adequate to the end is
*tBlion£d before it. Tbe blockades, therefore,
which England created simply by a proclaua-

.yGoogIc

393

HISTOET OF CONGRESS.

S94

Feibu^y, 1809.

PaHitU Reptal of Ike Embargo.

tloo, vere *d abuse of wbich oettlrals had jasl
cause to comptaiD.

Th«UniiedStat«silidcomplatD,aad ihaeeotn-
plaials were liMeoed to by tbe Brittsb GoTero-
meot. The tenth article of the Treaty of 1806,
has made proTisioaoo tbe subject; and tbough
Engiand has not renounced tbe principle of which
wecomplaia, yet iciiqualiSed by tbe notice which
is required lo be given to tbe vessel attempting
to enter a blockaded pori, before she is exposed lu
seizure mod confiM:aiioD. The provisioQ in the
treaty would no doubt hare corrected in a con-
biderabte decree the abu&e from which we had suf-
fered, and it was our policy to have waited for
better times for a completer remedy for ib« evil.

BoEjiir, the last bead of dispute which 1 enU-
mented was made (he chief aud most important
grouDd of complaint against the British Govern-
meat — I roeaa the searchiagAmerican vessels for
Briiish seamen. The right clainied by Eogland
was to seize her own seamen on board our pri-
Tite vessels. The right to search a public vessel,
or to seize an Anterican sailor, was never asserted
by the Goverameni. Theciaim, however, which
was insisted on, involved a point of equal inier-
e«t and delicacy lo both oouDtries. There is no-
thing Qorel in the' pretension, ibat a nation en-
gaged in war had a right to recall her subjects
from foreign countries, or from foreign service,
to assist her in the war.

Every Dation in Europe has claimed and exer-
cised the right. Our Government has doI denied
it; but the consequences of the manner of eier-
cising it. have formed the gronnd of our com-
plaint. Has a beliiseiem a rigbt to search a neu-
tral vessel for her seamen 1 I should suppose
not. This question between other nations is of
small importance. Between the United States ^
and Brilain, it is of great magoitade.

The umenesi of manners, habits, language, and
appearance, render it always difficult and some-
times impassible to disttagnish between an Eng- '
Ibb and an American tailor. If tbe right to search
for British seamen were admitted, there would
no longer be security for tbe American sailor;
the right admitted, I have no doubt onr navigation
xvould be ruined. As an American, therefore, I
'would never concede the principle. Let us see
howerer, bow tbe case stands in relation to Brit-
jao. Her navy is the shield of her salvation —
ivbalever impairs its sireagth dimiaiibes its pow-
er and safety. Tenacious a* she has ever been
of personal liberty at home, yet when men are
wanted for her fleets, tbe ha£eat corpu* sleeps.
Her sailors are her right arm, which wilbera as
she is deprived of them. From tbe sedaetions
of our maritime service she had everything to
dread. Our merchants can give ber seamen a
dollar for every shilling which she is able to af-
ford them.

They shall be better fed, more gently treated,
and exposed less to hardship and danger. Lei
tbem find asecnreaaylomon board our merchant
ship*, and how soon will the decks be thinned of
(he Bnglisb ships of war. Which has the moat
at stake on this sabjeet, England or America?

I will not decide the question; but this is e*i>
denl. that neiiber will ever uncondiiionally telin-
quisQ tbe principle for which she bag contended.
At the present crisis, it was impossible for our
GoveromeDi tu expect tbe formal abandonment
by the BrilifihGovernment of this right of search.
What course, (hen, should they have pursued 1
They should have temporized on (he point, as
Britain was willing to do, and waited for a more
propitious epoch, for the final arrangement of the
dispute. '

Your Commissiooera, who aegoliated tbe trea-
ty, found that it was impracticable to obtain the
cession of the principle for which they contended,
and upon their own mspoaaibiliiy. lo (heir great
honor, to preserve the peace of (he two couDitiea,
accejited assurances from the Briiish Miaistrr,
which in their opinion, and 1 have no doubt, lo
fact, would have effectually removed tbe abuses
of which we complained. I beg pardon of the
Senate for reading an eitraei from (he letter (rf*
Messrs. Monroe and Pinkney, of the 3d of JaoD-
ary, 1807, which cooiaius (he assurances to whiek
I refer; "We are sorry toadd, that this treaty
' codIbIds no provision against the impressment
'of our seamen. Our despatch of the lllb of
' November, communicated lo you the reault of
' our tabors on that subject, and our opinion that
' although (bis QovernmeQl did not feel itself at
'liberty to relinquish formally, by treaty^ its claim
' to search our merchant vegsels for British sea-
' men, i(s praclice would nevertheless be esaen-
' lially, if noicompletely, abandoned. Thatopin-
' ion has been since confirmed by frequent con-
' ferene^ on the subject with tbe British Com-
' missioners, who have repeatedly assured us, that
' in their judgment, we were made as secure
' against the exercise of their ptetensioas, by the
' policy which their Government bad adopted in
' regard lo that very delicate and important quea-
' lion, aa we could have been made by treaty. It
' is proper to observe, however, tbal the good effect
'of this disposition, and its oontinuance, mar
' depend, in a great meaanrei od the means whica
' may be (aken by the Congress hereafter to check
' deaerliona from tbe British service. If ihe (tealjr
' is ratified, and a perfect good understanding pro-
' duced between tbe two nations, it will be easy
' for their Governments, by friendly communica-
' (ions, to state to each Other what they Tespecl-
' ively desire, and, in (hat mode, to arrange tba
' business as satisfactorily as it could be done by
' treaty." Such was the footing upon which OIU
Commissioners were wisely disposed to leave ihia
delicate affair. And would lo God that our Presi-
dent, wishing as sincerely as his friends profSM
for him, to accommodate (he diSereoces be(weeii
Ihe two couniries, had as prudently agreed to the
arrangement tnade for him by his MinistersI
What has. been the cooaequenceof this excessive
anxiety to secure our seamen? Why, that yoUT
service has lost more aailora in one year of em-
bargo than it would have lost in ten years of iia-
presameot.

But, sir, in this lies the fteeret— a secret I will
dare to pronounce. Your Preaideat De?er maut

.yGoogIc

395

HISTORY OP OONQEESS.

SCNATC.

Partial Rtptol of the Embargo.

Feiidait, 180e.

to hare a ireaty wiiti Great Britain. If he had
intcaded it, he would have laken ihe treatf o[ ihe
31sl of December, 1806. If he had inteoded it,
he nrould never have fetin'eil the Coipmissioners
with Hue qua nont which were inaupprable.

It vas aD iovariable acticle in the inatruetioDs,
Co form no treaty, unless the alajro to search mer-
ebanC vessels Jut deserters was mteriy abandoned;
this was never expected, and at the arduoui crisis
at which it was insisted upon, it was impouihle
to expect it. And yet, rather than temporize
upon the poiot; rather than accept the actual
aModoninent of the primiple, without its format
rantmeiation, a treaty, the work of years, nego-
tiated by bis favorite Minibter,and eaicolatad to
appease the animo:>iiies existio^ between the two
natioas, is rejected.

You will bear with me, sir, while I say thai
this precipitate and fatal measure is the canae of
all the embarrassments which we have feit, which
we are feeling, and which we are likely to suffer.
I ask, why was this treaty rejected'? We are
told for two reasons —

1. Because it conlained noengagvtaeat a^inst
the impressment of American seamen on board
merchant vessels.

2. Because of tbe collateral declaration of the
British Commissioners, that England retained
the right to retaliate upon France the- principles
of her Berlin Decree, if the United Slates should
■obmit to its eiecutioa.

I have shown, from tha public documents fur-
niahed to us by the President, the fooling upon
which our MioieteTB {ilacedthe point of impreis-

Our Commissioners considered the assoranees
gtren by Ihe British Minister*, a better pledge for
the safety of our seamea than a formal provision
ia the treaty. But if these aisoraoees had even
not been given, the treaty would not have com-
promilted our rights, or prejudiced onr interests
on the subject ; in the mean time, it would haye
induced more friendly relations, and prepared
both countries for such further concessions as
their moiual interests might require. To rae iiis
a matter both novel and surprising, to discover in
onr President this strong and unyielding attach-
ment to the btgbest points of our maritime rights.
I had thought before, that he was not so friendly
to our Navy, to our [iierchaati>, and to our com-
merce.

1 had thonghi that he would rather our ships
were exchani^ed for farming oteostls, and our sea-
men converted into husbandnien. But now, air,
it seems, bo highly does he value our navigation.
that he prefers hazardiog ail the calamities of
war, rather then suSVr one feather to be forcibly
plucked from the wing of commerce.

Can any one believe that our Governmrat seri-
ously intended toconcludea treaty with England,
when our Commissioners were instructed to make
iy» treaty unless Britain formally consented that
oor merchant flag should protect every deserter
from ber nav^?

Tbe iniertion of this sine quanonia the ia-
atractions is anfficienl to satiny my mind that j

there was no sincerity in the negoiiaiion which
was carried on with the British Goveminent.

We have been asked by the bonorabte gentle-
man from Virginia, (Mr. Oileb.) whether it eaa
be imagined that such men asKina. Monaoe, and
PiviNEr, would have colluded with the Execu-
tive, or, if they woold not have borne evidence of
his tnsvneerity if such had been tbe fact? Mr.
King, he telis us, is a Federalist, to whom wfl
have lately given proof of confidence and at-
tachment. Mr. Monroe, he represents of a dis-
position not likely to hi guilty of concealment
through affeciioD for the Admioistrstian ; and
Mr. Pinknev is said, also, to be a Federalist.

All this the gentleman may take as true. But,
Mr. King, sir, was never engagad in thin nego-
tiatioo, and, as to Mr. Mooroe and Mr. Finkney,
I most clearly acquit them of any collusion with
the President, because, so far from colluding with
him, they have acted against his secret and ex-
press inslructioos. Surely, 1 have no reason to
doubt the sincere disposition of these gentlemea
to make a treaty with England, when they coa-
cluded one under the responsibility of acting
against (heir orders. No; my charge of iniin-
cerity against the. Execo lire, is foonded upon tbe
documents, a long time secret, Aow public, and
upon the nature of tbe objections which have
uniformly obstructed the adjnitmeot of our dif-
ferences wiih Britain.

The second impediment to tbe ratiGcalion of
the ireaiy was. the declaration of Lords Holland
and Auckland which Accompanied it. What did
this paper impose upoiL.usi KeaistancQ to the
Berlin Decree. And, will you jiermit-me to ask,
whether it was ever your intention to submit to
that decree 1 You do not mean to submit to Ihe
Orders in Council, and doiMnot the Berlin Decree
go lb the extent of those orders 1 Are you better
prepared, or more disposed to submit to France
than to England ? »o; I hopo we bhall agree
to fight, before we consent that either of those
Powers shall give laws to the ocean.

I know, at, oiie.time, it was pretended that the
Berlin Decree was designed only as a municipnl
regulation i municipal, when it declared Eaglaiid
and her dependeoete* in a state of blockade, and
their manufactures and produce liable to capture I
It is true that the Minister of the United Siaiea
in France, cot some such explanation of the de-
cree from tne French Minister of Martoe. He
did not, consider ii as derogating from the Treatjr
of 1800. between France and the United States.
But, when the Emperor is applied to by the
Grand Judge, hi* answer it, ''that since ha had
' not thought proper to express any exceptioa ia
' '^ ' decree, inere is no ground to make any, io
execution, wiih respect to anything whatso-
," When the Minister of Marine waa ap-
plied to for his consiructioo of the decree, ha
gave his opinion, but affected not to be the proper
organ of communloalion on the subject. In ibis^
you see that- craft and force were both united for
tbe most deslruetii'e execution of the decree.

Tbe dectee was aJlovad to sleep for nearly ■
yeai; a puUic Mioister dalivers bia opinion that

.yGoogIc

HISTORY OP CONGEBSS.

S9S

Febsdakt, 1809.

Partial Repeal of (Ae Embargo.

it was Bot 10 infract our Irrety, and, afler our
properiT, lO an imineiise amouor, is allured b;
tbese deceitrDi appearBQce* ioco French poru.
Hit Imperial Majesty declares, in effect, ihrougb
his Minister of Jaslice, thai. the Treaty with ihe
United States wa^ not expressei! as an ezceplioD
in ttie decree, and, tLereCore, its pro7i»ions were
to form no obstruction to its eieciKion, So, sir,
ire have probably lost some millions of dollars by
oaraitzieiy to coosider tbls decree as a municipal
regulation. Suppose, however, it had not de-
signed Wbat its terms so plainly eipress — the
blockade of the Britiab isles. In such case, wbil
embarrassment would our QoTernment have io-
euired by a^eeing to ibe proposition of the Eng-
lish Commissioners to resist the decree, if exe-
cuted againat our neutral rights? If France had
confined the ezecuiion of the decree to her own
porli, Brilaia could not have complained of the
execution of her own law, Within ber own juris-
diction, and we abould bare had nothing to which

But, I

e the

ire were to oppose resistance.
decree had been executed on tbe oi;ean, and you
had bec6me bound to oppose its execution by
force — wcnld your ttndertaking have been greater
than the offer you lately made to Eugkad in
case she would repeal ber Orders in Council 1

I afaali, hereafter, have occasion to view this
sabject in another point of light ; but at present,
I ask, did not He. Piokney mean to tell Mr. Cao-
ning, under his instructions from the President,
that, if Qreat Britain would repeal her Orders in
Cotincif, the United Stales would resist the exe-
cQtion of tbe French decrees? This is stated in
the letter pf Mr. Canning to Mr. Pinkoey, of tbe
23d of August, 1808, and admitted, as it is not
denied, in the letter of Mr. Pinkney to Mr. Cao-
aing of the 8th of October, io tbe same year.
Your Govemmeiit, then, would now a^ree to the
terms which they so inilignautly repelled when
first proposed to tbem, and on tbe ground' of
wbieo, in part, they refused tbe treaty which
their Mioislers had negotiated. It would seem,
then, that ao other inaierJal ground remains for
the rejection of the treaty [ban tbe want of a
formal clause to secure oui merchant seapiea
against impressmeDI.

Is it your intention ever to have a treaty with
Britain, or, are the nalioas always to cootinue
io a state of strife and contention? You were
offered tbe Treaty of 1794, and you refused it.
Mefsrs. Monroe and Pinkney oegotiate a treaty
in 1806. The Presiden-. rejects it, and insists on
a point in the most obnoxious forti), which he
knows will never be conceded, and without the
concession of which no treaty is ever to be made.
Does ail this look like a sincere disposition to ad-
just our differences with England]

Ie is of importance, Mr. President, to consider;
in the late negotiaiioo, who were the men in
power in the respective countries. Can our Pres-
ident expect ever to see ao English Administra-
tioD more disposed to treat upoo favorable terms
with this country, than the Fox Admiaiitniion ?
The name of Fox is the most grateful Eodish
ume (bsi is known to an American ear. Prom

my childhood, I have beard that Fox was the
friend of Aiuerica. He was the early cbampioa
of our rights when Britaio first attempted to de-
prive us of them. His voice was always raised
in our favor, in oppo^iiion to the power of tbe
Crown. Fox was at the head of tbe ancient
Whig interest of England, and a Grm supporter
of tbe principles of freedom. He was, loo, ft
philanthropist, and deemed, io sentiment, by
some, a citizen of the world. He was, addition-
ally, sir, a French citizen— as well as our worthy
President.

I hope it will not be thought that I raenlioa
with any Invidious view, (his last circumstanre.
I state it, only, for the material purpose of show
log the community of character between theie
great men, wbicb recommend ihcm to tbe fiater-
nizatioa of the French people. If Mr. Jeffer-

io England can he evei expect abetter? And
may I not ask, also, if he can look to men in tbe
United States io whom he will have more confi-
dence, for their skill and integrity, than in those
whom he employed in the late negotiation? Wo
have all heard that Mr. Monroe was his early
and bosom friend, and we have all se^n that he
has been bis favorite Minister.

Let us, also, not forget the lime when the treaty
was concluded. No time could have been more
propitious. It was at the mument when England
was sinking under the triumphs of her adversary.
Bonaparte had just broken to pieces the power
of Prussia, driven.ihe Russians to their frontier,
and converted their Emperor from an pnemy into
an ally. If. you are not satisfied with the ti
which Engl- ' -

mity, or to

wbeo she has less to fear from your i
hope from your friendship 1

You God, sir, Ihat your President was favored
by every circumstance in the oegotialion of the
treaty which be Gaaliy rejected.

It IS not a little remarkable that he should have
undertaken to reject this trenly without consiili-
ing the Senate, bis ConstitnlioDal advisers. He
was in possession of a copy of the treaty, while
the Senate were not allowed to see it. .He would
not trust their opinions upon it. They might
have approved it, and the responsibility would
have been still greater to -have rejected itJ<fter
they had agreed to it. Yon will pardon mc for
speaking plainly. It is my dtlty to express my
;oov1ction, though I mny happen to he wrong.

To me it has always appeared that your Presi-
lent was tiiken by surprise when be found a Brit-
ish Treaty laid at his door. His ioEtrUctions to
'linisters precluded the possibility of a treaty,
it never entered his bead that they wotird
have been daring enough to conclude a treaty
against his orders. But, the Ministers having
obtained what they considered tbe substance, dis-
regarded the form, and sent a treaty as tittle look-
ed for as desired.
1 do not mean to contend that tbe President
as bound to lay tbia treaty before the Seaate,

.yGoogIc

HISTORY OF CONGRESS.

8BN1.1

Partial Repeal of the Embargo.

but, ia exercisiDg ihr poner to r?jeci it niihoui
their advice, he look upon himaelf a great re«|»D-
sibility, and is aaswerable for all the conaequencn
ofaiiact czclusivtly bisown. To [liisaci, in my
Opinion, may be aitribuied the preeent embarrnas-
mentsorourcouDlty. Had ihe treaty been accept-
ed, our trade wuuld have flourisbcd, a« hereiofure,
and with it, ouragriculiure, manuracture3,aad ihe ,
fiaberiea. But it pJeBxed our Chief Magistrate to '■
reject it, aod every day haa siuce added to the
gloom wbicb bait spread over our country.

In this conditioD waa the stale of onraBairs,
when an uneipecieJ event occurred, calculated
to. iaflame to the bigheat pitch the aaitnosity of
oar cillsetM against the Brilisb Qoverument. 1
mllude to the attack of the Leopard upon the Cliei-
apeake, in June. 1807. In relation lo this outrage.
the people of America fell but one senlimeDl. A
more wanton, flag-itioua. and perSdious aei 'was
never perpetrated. It is an act which America
never will, nor ought to fortrive, (ill it ts expiated
by adequate satisfaclion. But atill, air, we must
retirain our indignation, while we inquire whose
act it was. and who is answerable fur it. The
material inquiry is, was it, or has it beconi»lhe
act of the British Covernment-I

The British Miniscer, as booq aa the news of
the occurrence reached htm, volnntarily and un-
asked, declared that it was unauthorized by the
Qovernraenl. He disavowed it in Parliament,
and the King himself confirmed the disavowal.

It rested then as the act of Admiral Berkeley.
The nation, however, were bound lomakesaticrac-
tion fur the injury done us by tbei; public aervani,
If they refuse adequate satisfaction, they adopt
the act. The GoverDmeni were sensible of thia
obligation, and they look steps lo comply with
it. They aeol a special Minister, for ihe sole

Eurpose of making reparation for the injury we
ad suffered. This Minister we received, and
agreed to consider the outrage which had been
committed, as the act of Berkeley. CoasiJered
aa the act of ihe Qovernmcnt, it Wjould have been
an act of open war. You commence a negotia-
tion as to the terms of reparation, but here the
■ame apiric which rejected the treaty, baffles«very
effort 10 aceommodale thia new cause of offtnce.
When informed of the attack upon one of our
public vessels by a British nian of war under the
ordersof an Admiral, our Government bad tea-
son 4o apprehend that no inr^ividuat, however
high in rank, would have hazarded so daring an
outrage wilhoul the authority of his Gnveinmenl.
With this fiew, and to preserve peace and
tranquillity in our harbors, we may consider the
Preaideot as justified in issuing his proclamation,
interdicting the entrance of British armed ships
into the waters of the United Stales. Bur, sir,
the moment it was ascertained that the act of
Berkeley was unauthorized, so soon. as the Gor-
etnraent had solemnly disavowed it and offered
reparation, the proclamation nughi to have been
withdrawn. Are you permirred lo punish a na-
tion for the acts ofits suojecis, in which it does not
participate 1 The law and the practice of oivil-
ized nations oa this point, it eiplicii and uniform.

When the subject of one Power offends against
ibe sovereignty of anoiher, this will not justify
relaliation upon other subjects of the same Power
with the one who offended. It has uniformly
been our own doctrine, and it is the common in-
terest of mankind to maintain il, that In such
case you must apply to the sovereign of the party
offending, and abstain from any act of hostility
till he refuse you reparation. This course out
Goveramrnt did not pursue; fur the act of an
individual they reialiated agiinat his naiion.

Upon the grounds wtiich have been stated, you
may excuse (he issuii^g of the proclamation ; but
what excuse is there for its cunilnuance, when
we acknowledge ourselves, in treating for rej>a-
ration, ihat the act complained of is the act of^an
individual, and not ol'his Goveinmenil

A proclamation like (he one issued, without
adequate cause, was a breach of neutrality, aod
a just cause ot war. For,' to admit into youc
ports and grant succor to the armed ships of one
belligerent, while you' exclude those of the other,
is nut coDsisieni with ihal impartiality which
belligerents are entilled lo claim from neutrals.
The point was so understood and so felt by ibe
Briliiih Government, and they required, as ihejr
had a right to do, that as ihey had not commit-
ted the act complained of, the proclamation, whicb
had an operationoranpearanceof hostility against
them, should be recalitd. If they refused repara-
tion, we had a right to redress ourselves, but had
we a right lo take the redress inlu our own haada,
and at the same time to require them to mak« ua
reparation? When you aiik justice, you mual ex-
pect to do it. A nation should be as ready to
perform its duties as to insist upon lis righta.
The British Government had given sufficient
evidence of a diaposiiion lo grant satisfaction for
tbe injury done us, by sending to the country a
ipecial Minister for the purpose; that Minister

the Sec-
retary of Slate, he informed him that his powers
did not allow him to make reparation unless tbe
pronlamBtion was wirhdrawn. The affair was
then managed with sufficient adroitness located
the populariiy of the country ; when it waa known
that the prorilaroation must be first wilhdrawD,
its tevocalion and repararion were proposed by
tbe Secrelary as aimullaoeous acts. Why was
this proclamation so tenariioualy insisted onl If
you hnd revoked it, and the reparation offered
was deemed insufficient, you would have no diffi-
culty in renewing it. .It is no task to our Presi-
proclamation; atmost, weconteod

only for a point of etrqueire, a thing important
perhaps in a monarchy bur very little
among us Republici

that in this negoiiarion I soon became persuaded,
that the difference in question was not lo be set-
tled by itself, but was to stand open in the general
account. If there bad been a sincere desire to
aellle ie, the paltry measure of the proclamation
would not have formed an obstacle for a moment;
I hare here a new abd great proof thai the Ex-

.yGooglc

HISTORY OF CONGRESS.

402

Februaky, 1809.

Partial Repeal of the Embargo.

Seni

ecutive is not sincerflr defiroUK Df a full and
friendly si>tilPBiPa[ or alfdiffeieaces with England,
il may be diSicali to [race the motiTe which gov-
crna ; but I can plainly discover the same spiril
now, which agitated llie nalioD In 1795; a spirit
tbeti subdued by the mighty icflueDce ofWash-
ingtoD, but nbioh has Eioce risea with increased
alreogth, and dow dominates.

I consider, sir, that the measores of the Admin-
isirallon have been not only insjncere, but eilremr-
Iv Tfeble ; they will not seille the diSerences with
^Dgiand, and yet bsTe not courage openly to
quarrel with her, They pass a Bon-imporla(ion
act to punish the impreHsmenl orwameD and the
aggressions upon our carrying trade ; tbey exclude
by proclamalioD Brilish armed ships from our
waLers to avenge ihe outrage on the Clieaapealte ;
and what benetit to' ourselves or detriment to our
adversary have these meaaores produced 1 They
Bie calculated lo increaee the animmity h^tween
the nations, but 1 knoiv of no other effect they
can produce. So far, indeed, have ihey been from
constraining Britain to accede to our termi, that
they have rendered her more regardless of our
rights and interests. She has since girei) us new
and more feeling causes of complaint^ by her
Orders in Council of the 7ih of Jaauary.'snd ihe
lllb of November, 1807. These orders lake from
ni the trade of nearly alt Europe. They are the
counterpart of the French decrees. Qod forbid
that I should jusiiryihem! 1 will never admit
that France or England has a right lo make laws
for the ocean; nor ahall I ever hesitate, when
tbey insist on Ibe execution of such laws, to de-
clare myself for war. I am as free as any genlle-
man in this Senate, to protest against submissioD
to the decreea of France or the orders of England I
but is not submission lo the decrees as disgraceful
as submission to the orders? The gentleman
from Virginia said nothing of the decrees; nothing
of a war with France — hi* resenimeai was
fined to Britain.

We have, sir, lo choose our enemy between
these two nations. We are hardly equal to a
coDienlioa againet both at the same time.

How dues the case siaad in relation to them 1
The Emperor Brat issues his Berlin Decree, inter.
dieting our trade to England and her colonies;
England iben gave ds notice, if you allow France
lopreveniyour trading with ur>, we will not suffer
you to trade with France. If yoa are lame enough
10 submit to a French decree you will surely not
be loo proud to yield lo British orders, Assurt
us ihat yoQ will resist the execution of ibe decree
and we will not retort its principles upon you.
This our Qovernment declmed doing, and lefl
Bogland fo pursue her own course. Her Oov-
ernment then issues the order of the eleventh of
November, reialialiog the. Berlin decree. I do
not defend this order; but if the Administration
had resisted; as they ought to have done, Che Ber-
lin decree, we should not have seen the order.
What now ia lo be dooel England iuMsts on
orders, at a measure of relatiaiion against
" " I France to repeal her decrees,

ir Govern'
ps, our

England then execute* her orders, ! will be as
ready a» any man lo go lo war with her.

No such course bas been taken, but what have
we donel Laid an embargo. And for what
purpose did we lay the embargo? This i
subject of conjecture to some; but o' ~
ment tell us, it was to preierve our
lilors, andour mercaniiie capital. I
lid to pre^^rve them from the opera
rders in Council. When the embargo was laid
the Orders in Council were not known in this
mnlry.

Of this fact I want iio»tronger proof, no stronger
ID exist, than that the President in his Message
to Congress, in which he recommends Ibe em-
bargo, says not a word of these Orders in Coun-
cil. No, ifae embargo was not produced by the
Orders in Council, nor by anylhlog which we
heard fropi England, but by news which had
then been recently received from France.

We are Eold theembargo was tosave our ships,
our sailors, and mercantile capital. I do not be-
lieve that such was its object, hut if such were
its purpose, we have been miserably disappointed.
The embargo for a short period might have been

pi.i

lo common
permanent securi'
and finally annihil
Yoursbips

As a step of precaution,
a and mercaaille capital, I
'dofit. But it is insulting
propose it asBsobeme of
9s it must daily consume,
the objects of its preserva-
:e in, and the danger known,
you should have left your tnerehanct to their own
discretion. They would have calculated the
profits and the perils, and been determined by
the balance of the account.' Nu class of society
is more capable of taking care of itself.

It is saia we have preserved- our seamen. . The
President has as gravely repeated ibis remark in
his Menage, as he
means to dispoie of

r country would ^t\

dollar

ided to us to devise

lent Ihat Ihe siluation of
n Ihe Treasury of its last

France.

or

agree lo r

It Ihe

of them ; and if

Where are yoilr sailors? They are not to be
seen in your ports. One half that were employed
by you have passed into foreign service, and many
that remain, are to be found begging in your
roads and at your doors.

As to OUT ships and mercsniile capital, the one-
tenth part'of the loss from decay and waste and
want of employment, would have paid for an in-
surance against every danger to which Ihey
would have been exposed. It is not my inten-
tion, Mr. President, to detain you «ith any details
on Ihis subject, as I should be compelled to repeat
the same things which have been slated by other
gi;nt!eii)en on a former occasion. But there are
some general views of the subject uot undeserv-
ing of notice, which yet remain to be taken.

If the embargo were ever a measure of precau-
tion it certainly bas Jong lost that character. As
a measure of coercion, it was hopeless unless com-
pletely executed. ' If the party to be coerced
was partially supplied, the object was defeated.

Now I Bsli you, sir, if your Oovsmmeoc ought

.yGoogIc

403

mSTORT OP CONGRESS.

Sbnatb.

Patiial Repeal of the Embargo.

Pebbqary, 1809-

Do( to hare been acquaioled wiib iti own power
its owD people, aod iuownailuaiioD, wellenoug
to have boawD ihat It was tmposHible for it i
conGne the wbole produce of the coualry withi
it!i limiLi for ttay length ofliine 1 Ought ttiey ooi
to have seeo the vast (emptaiionx which hi
arisen a [id presealed themselves, as well to <
own citizens ai to foreigners, to combine in order
to break or elude your laws? Ought they
to hare knuwu that with our extent of coast
and froDtiera, with our numerous waters, th a
wretched gunboat navy, aided even by ten tbi
sand regulars, was not capable of cavering <
borders and shutiiDg un the numberless outlets
of the country 1 Could they eipcci that {wtriot-
ism was 10 feed and clothe the people of the
North ; or that thousands would suamit to starve
in Older to contribute to the success of aa ei
perimenl 1

We all kaow that the oppoaiiion to theemtwi
go in the Castern Siateit is not the oppoiitioo of
a political party, or of a few discontented men, but
the resistance of the people to a measure which
(hey feel as oppressive and regard as ruinous.
The people of this country are not to be govern-
ed by force, but l>y affection and confidence. It
ia for them we legislate; and if they do not like
oor laws, it is our duly to repeal them. <

It is madness to islk of forcing sabmissioa
when there is general dissatisfaetioti. Your Gov-
ernmeol is in the hands of the people ; it has uo
force but what it derives from them; and your
enforcing laws are dead letterd when ikey are
once driven to retiist your measures.

It would air, be tome consolation, amid the
sufferings which this miserable system has caus-
ed, if, i:i looking abroad, we could discover that
the nations who have injured and offended us
felt its oppression only equally with ourselves.
But when we find that we have been scourging
ourselves for Iheir-benefit and amtisement, when
they can tell us with indifference and eooterapi
that they feel for us, but thu we must correct
our own folly ; instead of meeting with the poor
comfort which we expected, we are overwhelmed
with accumulated mortification.

Was this a measure against France? No;
the Emperor commends the magnanimous sacri-
fice which you have made of. your coiaioerce, ra-
ther than submit to British tyranny on the ocean;
His Imperial Majesty never approves what be
does not like, and he never likes what does not
comport with his own desinns. I consider it ad-
milled that the embargo was intended to coerce
England, and that the gentleman from Virginia
nowcontendsthat, if iihad been strictly executed,
it would have had that effect. Nothing has hap-
pened that common foresight might not have foie-
aeen. The gentleroan has read to you extracts
from an English pamphlet, published before the i
embargo was laid, which predicts the very eva- 1
sions of the law, the diiicontents it would pro- I
duce, and the opposition it would meet wiib,|
which we all have had the melancholy opportu-
nity of witnessing. I know the pamphlet was re-
ferred to for aDOlDer purpose — (o show that Brit- 1

I ish gold or influence had corrupted or seduced the
' Vermontese before the embargo jvas imposed.
The gentleman may believe the fact to be to, if
he pleases; but I say, sir, that yunr Government
here, with all its means of information, onght to
have known aa much about the condition of Ver-
mont aa a pamphleteer on the other side' of tbe
Ailautic.

It seems now to be admitted, and the fact ia
loo evident to be denied, that the embargo has
failed in its coercive effect upon Britain. The
want of bread, cotton, or lumber, has neither
starved her subjects cor excited them to insurrec-
tion. Some gentlemen have shrewdness enough
to discover an effect in an English price current,
which might, to be sure, have been owing to the
embargo, or might have been produced by the op-
eraiion on the market of some private specula-
tions. But it hai enriched Canada, and baa
taught the islands their policy and ability to liva
without US.

Would ro Qod, Mr. President, that the embar-
go bad done as little evil to ourselves as it baa
done to foreign nations 1

It is ourselves who are tbe victims of this mis-
erable experiment. Your Treasury will lose at
least fifteen millions of dollars, and your coun-
try, in addition, not lets than forty. This tax baa
not been so much felt, though it has not in trutli
been less paid, becauieihc embargo has not taken
the money outjDf our pockets, but only prevented
it going into them. This measure has been not
only ruinous to our interests, bat it is hostile to
the genius of out Government. It calls for aa
increase of your regular Army, and a vast aug-
mentation to your military force. Ten thousand
bayonets were not sufficient to enforce it, but fif-
ty thousand volunteers (as I have seen by a bill
on the table) were to be invited to assist in its

aU' Administratiou which
citizen against citizen, or requires the sol-
dier to act against the citizen, is baneful to lib-
eriT. If persevered in, there would »oob be an
end of free government.

The effect is also la be deprecated, upon the
spirit of your military. They are called upon to
ixecute the laws tbey ate unable to construe, and,
n obeying their orders, are exposed to the com'

Your naval forces are sent out to cruise, not
for enemies, but for defenceless fel low-citizens,
and they return to boast, not of a gallant battle,
but of a miserable seizure, which may bring pov-
upon some wretched family in their owa
country.

It has been often said, in defence of the embar-
go, that the nation had noiliiog left but that mea-
sure, iubmission, or war. Can you distinguish
between the embargo and acbmission ? Can you
pretend to say what is a voluntary self-restrict ioo
impoied as a matter of choicef Can it be de-
nied that it has been forced upon us by the ooa-
duc't of one or bolh of the belligerents 9 And,
with a full knowledge of the fact, can ymi de-
scribe it as anytbiDg bat rile, abject submisaion 7

.yGoogIc

HISTORY OF CONGRESS.

FEBRDAHr, 1809.

Partial Repeal of the Embargo.

Senatb.

FruMetelli you, you -Bkali not irade to Briisin;
you obey her. Britain tells you, you :«ball not
irade with France ; you lubmil. You have aot
resisted the DecKes or Orders, but have complied
with the object of both. We hare borne the bur-
den of the embargo (ill it has almost broke oar
backs, mod even when we are sinkiog under it,
ve pretend to nay, it i« no task to bear it. In this
ease, it ia ibeo aaid, there only remained submis-
sion or war. SabmissioD 1 put out of the ease.
1 iniBt in Ood it narer entered into the head of
one AiaericaD. But I deny ibat war is necessa-
lily the aUarnative; and I never will admit il.
till I see sincere efforts made to accommodate our
diSerences witb England. The President, in bis
Mesi>a^ at the openiof; of Congress, would give
□I the impression that Britain bad refmed the last
and the fairest offer it was ia the power of our
Qoverninent to make, in order to preserve peace.
It will be important for us to understand ifae na-
inre and ezieDi of that. oSer. The proposition,
no doDbt, was made by Mr. Piokney,' in eoaform'
iiy with his instructions. To avoid error, I will
tale the liberty of reading to the Senate the
words of Mr. Pinkney (o Mr. Canning on the sub-
ject, in faisletterof the23d of Au^st last:

■■ I had tbe honor to state to you sir, that it wis the
ioleatian of tbe PreiEdcnt, in case GreU Britain re-
paaled heroiders, as r^arded tbe. United Btatei,

FieaideDt of the United States, onder certain condition*,
to (Dspend ibe operation of the act laying an eBibarp)
on all sbip* anil TeaiDJaiu tba porta and baibori irfthe
United State*, and the several snpplemantary acta
thereto,' by anspeoding tbe gmbargo law and ita *upple>
menta gm reganls Great Britain. 1 aqi autboiiied to
five jon thia aaaurance in the mp«t Ibiiiiai naniieT."

Now, sir, what is tbe amoQitt of this boasted
o£tr1 Nothing more thaji the assurance of our
Minister of an intention of the PreaidenC to le-
move the embargo in case the Orders in Council
were actually repealed. Great Britain was tare-
peal her Orders, allow the Preeidetit lo make tbe
most ol that act with her (uemy, and trust lo his
ezecaling his ;> ood intention when it chould suit
hia good pleasure. The offer to Kogland related
only to the embargo, when this experimental
measure, so far f rata l^eing injurious to her, was
aJdtog wealth and strength. It learea her oavi-
gation wiihoQt a rival on the ocean, and has re-
stored to her more seamen than she could have
impressed in ten years. Well may Mr. CaoDiiig
say there is no assigttable relation between tbe tc-
moval of the mibatga and tbe repeal of the Or-
ders in Council.

The Presideut had instiucled his Minister to
assure tbe British Qovcrameat that tbe embarge
was designed solely as a rounicinal [emulation,
operating in favor of Britain, If sne will relieve
us from the pressure of a measnre adopted against
her enemy. But, let me ask, was there apy offer
made to rescind the proclamation or to repeal the
Don-impoTlation law? Two measures much more
oflensive and hoalile lo Great Brilaiu than the
embargo. With these laws in foice, it wu a

I moakerf to offer the removal of the em-
barg;o. What more proof do we want, than this
transaction affords, that the Ezeculive, has not
been sincere in his endeavors to restore a good un-
derstanding between this country and Bapland ?
And therefore it is that I coatend war is not un-

idable with that nation. I confess, sir, I shonld
tbink a war witb England, one of the greatest
evils which could befall this country, not only
from tbe sufferings which it would inllict upon it,
but also from the fatal connexion with France 10
which it would gire birth.

We have seen what has been tbe course of the
Government in relation lo Britain; and I will
beg a few momenis to examine what has been
ta conduct in re9;aTd <o France. The last piopo-
ition made to Britain is well known— the docu-
aeuls fully disclose it; but what at tbe same
i me was proposed lo the French Government?
This we know little of. We have not been fur-
ished with the cotrespondenee with thai Qov-
rnment on tbe subject. Tbe transactioo is cor.
ered with a dark and impenetrable veil. The
President tells us in his Message that tbe seme
proposals were not made to ihe two belligerents;
and it would aeem, from what be bints, that (be
offer to France in case she repealed her decrees,
wasioioio her in ihe war against £nglnnd. It
cannot ne denied, that we have lost more by the
spotialions, and have been more harassed under
the atbtirary edicts of France, than of Engtaud.
By tbe Treaty of 1800, we gave up more tbaa
twenty millions of dollars which had been seized,
and confi^aied in France. Since that time we
are officially informed, that an amount nearly
equal has been seized, and confiscated or seques-
tered. She has wantonly burnt our ships on ibe
ocean and made no compeatalion. Her Berlin
decree, of the 21st of November 1806, commenced
the present system of outrage upon neutral righli.'
In effect il interdicls all trade with Eoffland and
her colonies. This is followed by the Milan de-
cree of the 17lh of December. 1807. Under thia
edict an American vessel which has been search-
ed, or visited agaiast her will, by a British cruiser,
or is proceeding to, or reilirning from Eagland, ia
liable lo be captured as good prize. And finally.
to complete this monstrous avstem, comes tb«
BayOhne decree, the 17lh of April 1809, which
deolates ever^ American vessel, found upon the
Mean, liable to seizure and cooflscaiioo. Op-
posed to these accumulated violations of olir neu-
tral tights, what step has our Oovernpient taken
agaiUBt'Frauee?

Have they passed a non-im porta ti on act, issued
-a proelamation, or imposed au embargo? Tbe
last measure is general in its terms, but is avow-
edly against England alone. No, they tiave con-
tented themsetrei with memorializing, reman-
atraling, and protesting. Against England we
took every step short of war, against France we
have enyployed nothing but gentle words. Has
your Government then shown an equsl resent-
ntent against the wrongs suffered from these two
Powwa 1

It may be from the habit of enduring ; but we

.yGoogIc

HISTORY OF CONGRESS.

408

Partial Repeal of Ike Embargo.

Pebrdjiiit, 1809.

do DOl feel aa aggression from Franoe Willi lh«
ume quickness and eeosibiliiy tbat we do from
Boglaod. Let us see, .^ir, liie sarne conduct ob-
•eived with reijard to both belligerenla ; let us
aee the impedimenis to a friendly settlement wiib
Gteal Brilaia removed; let us witness a sincere
affort mad^, lo regulate tbe intercourse of Ihe two
natioDS by a treaty fotined on principles of mu-
tual concession and equal interest, and I will
snswer fur it, if Great Britain persistB in her or-
der*. Ibal you will Sod no division in tbia country,
OD ine question whether we shall submit to them
or Tesi«i their execution.

Permit rae, Mr. President, to detain you a few
moments longer. I am setisible tbat I have al-
ready trespnssed upon the indulgence of the Sen-
ate, and 1 shall hasten to conclude tbe remarks
which I hare thought it of iraponance to make
upon the resolution which has been submitted.

Tlie objects of tbe resolution are embargo, non-
intercourse, and Don-imporiation. ns lo England
■nd France and their colonies. The n'\snt>g em-
bargo is to be repealed only in part, one^alf tbe
cikanoel of your rivers is opened, tbe other half is
to be embargoed ; and vesseU may proceed lo sea,
but (hey must not pass through the embargoed
waters. I can well conceive of one port in ihc
United States being embargoed and the others
open; but of an embargo which gives tbe right
to every vessel in the harbor to leave it, I confess
IhivenocompreheosioD. 1 should have supposed
thai the hoaorabte gentleman might have ven-
tured 10 repeal the embargo generally, and trustod
to the provifions on the subject of nan-'
a accomplish what seems lo be the obji

■hould be preserved, when the thing itself is
abaodoned.

And wbat, sir, are we lo gain by a DOO-inter-
course? It can never benefit the nation — it is
nothiog more than a pari of that miserable mus-
quilo system, which is to sting and irritate Eng-
land into aots of hosiiljiy. 1 have no doubt she
sees the object, and she will take care not to give
nsthe advantage which would be derived from
war being commenced on her part. But, latk.
what will be the effect of non-intercourse 7 I see
DO Other than tbat it will require two voyages in-
stead of ona to transport our produce to the mar-
kets of the interdicted countries. You carry your
merchandise to Lisbon, and there deposile it j and
tram thence it is carried in foreign ships to Eng-
land and France. Who will pay the eipense of
this circuity of transportation f The United
States. It will be deducted from the price of your
produce. Can the gentleman contrive nosystem
which will operate with less severity upon our-
aclves than upon those whom he deems our en-
emies ? If the resolution has no design, but what
ia apparent on the face of it, it is ev^eat that its
•ole operation is against ourselves. lis inevitable
«fE^t will be to reduce the profit of what we have
to sell, and to increase the eipense of what we
have to purchase. I can perceive alio, sir, that
it will be a measure of auequal pressure upoQ dif-

ferent sections of the country, end that its weight
will fall heaviest upon that part of the Union al-
ready loo much galled (o suffer any addition to
its burden. The lumber, the live stock, the fish,
and the articles of common exportation to the
Eastward wilt noi bear the expense of double
freights. Will they thank you for repealing the
embargo, and adopting a subEiiluie which eontio-
ues to shut tbe |)ori9 of the North while it opena
those of the South 1 Will they thank you for a
measure which deprives them even of the mise-
rable consolation of having fellow sufferera ia
ibeir distress 1 If this resolution be adopted you
do nothing lo heal the wounds which yon have
inflicted. If NewEnztand loses her trad » she
will derive no comfort from its being under a non-
iatercourse, and' not under an embargo law.

It is a part of the resolution, that we are to im-
port DO produce or merchandise from England,
or France, or their colonies. Do you expect, sir,
thai a law to this effect uould ever be executed,
in time of )Kace1 As to the loanuiacturea of
England she can make them the mannfaclures of
any country in Europe ; she will give f ou the ex-
act marks, and stamps, and packages ot any place
to which your trade is open, and she will deff
you to distinguish, her fabrics from those they
attempt to imitate. But, sir, the consequence
ehieSy to be dreaded from such a measure would
be the practice of smuggling, to which it would
eertainly give birth. Can you expect in one mo-
ment to cnaoge the habits of a whole country ?
We know, sir, the power of habit; it.is a aeconil
nature. Can an act of Congress instantly change
your Daturel No, sir — they who can afford it,
will have wbat they have been aceusLomed to.
They will pay any price fur articles, wiihoui
which, perhaps they can scarcely exist. Bmug-
gling must follow — and will follow with forgery
and perjury in its train. It is the honor and char-
acter of your trading people which now protects
you from smuggling. Break down this sentiment,
habituate them to perjury, destroy the disgrace
attached to this violation of your law, aud yoa
lose hair the security and means you have in the
collection of your revenue.

The coiuplaJnt has been made, tbat while we
find fault with the measures proposed, we refuse
to point out the course we would have the Ad-
ministralion lo pursue. J have, sir. no hesitation
on dy part to disclose my opinion, or lo olTer the
humble assistance of my advice on the subject.
In a few words [ will tell you wbat 1 would do :
Place England and France upon ibe seme footing,
by repealmg the non-importation act, rescinding
the proclamation, and repealing the embargo.
Theft ask for, and insist upon adequate reparation
for the aSkir of the Chesapeake. Make a treaty
with Great Britain, if as good terms could be ob-
tained as those in either of the iieaties which have
been refused. Agree to resist the execution of the
Berlin Dec ree,and ifiha afterwards persisted in ber
Orders of Council, declare war against her. Such
would be my course. War would be the last
resort, and I believe,io my conscience, we should
never be driven to it, if ibe course were panned

.yGoogIc

HISTORY OF CONGRESS.

410

Pebrdarv, 180ft

Prwxedingg.

wiih a siocere disposjiioa to preserve peace.
Permil me, sir, lo notice one TProaik of the hon-
orable gentlEmaii Trom Virginia, which had
escaped' uie, and I am done. The gentleman told
us thai the removal of the embargo was deaig^aed
as a conces>ioD to our Easl«rit breihteii. Irejuiced
to hear ihis sealiment of Ibrbearafce. Soch sen-
linienis give hopes that the Union may still be
preserved. We hate been lad lo the brinii ut' a
iremeodous precipice — another faUe step, and we
shall be lost in the abyss. Our safety is in tread-
iog back our steps. We hare lost our way. Some
ignia/atiau has beguiled ns. There is a path of
safety aod honor — the path tbe nation once trod,
d iDToke thespiril

>n Mr. Bayahi

1 the negative

, Ooodwieb, HUl-

r to regai
of Washimgtoei to lead us odci

The question was now taken
aroendmeot, and determined J
yeas 8, nays 33, as followi ;

YiiB— Mmm*. Ba^BTd, Oilmu .
house, Lloyd, Paikir, PickeriBg, and White.

n^Ti — MtHsn. AndsnoD, Condil, C^rawford, Frank-
lin, Gaillatd, Giles, Uregg. HawUnd, Kiichsl, Ltib,
Malthanson, Milledge, Mitcbill, Moors, Pope, Reed,
Smith of MaryUod, Smith of Ncir York, Smitb of Ten-
fiessee, Samter, Thriuton, Tiffin, and Turner.

On motion of Mr. HiLLBOceE to postpone the
further coniiideratioa of ttK motion, it passed in
the oegaiive.

On the question to agree (o the original motion,
it was deiermioed in the aSrqiatiTe— yeaa 23,
nays 9, as follows : .

YiAB — Mossn. ADdenon, Condil, Crawford, Frank-
lin, Gaillaid, Giles, Gregg, Howland, Kitchel, Leib,
Malhewson, Milledge, MitchiU, Moore, Pope, Bend,
Smith of Mai^luid, Smith of Neir York, Smith of
TenDeseec, Sumlar, Thr|UtoD, and Tiffin.

Niis — Mean. Biysrd, Gilman, Goodrich, Hill-
house, Lloyd, Parker, Pickering, Turner, and White

Ordered, Thai Messrs. Qileb, Shitb of Mary-
land, and CaitwroBO, be the committee to bring
in a bill accordingly.

Mr. Smith, of Maryland, from the committee
to whom wa* referred tbe bill, entitled " An act
making appropriations for the bupport of Oorern-
meot during the year 1809," reported tbe bill
wilhont amendment.

WEMtESDAT, Februarf 15.

On motion by Mr. Smith, of Maryjjind,

Retolved, That a comtniitee be appointed, to
join such committee as may be appointed on the
part of the House of Representatives, to consider
whether any, and, if any, what, meas^nres ought
to be adopted for the further accommodation of
tbe President of the United Sutes, for the term
coraiaeneiog tbe 4thdayof March nest, to report
by bill or oderwise.

Ordered, That Messrs. Smith of Maryland,
WBtTB,flnd SuMTBR, be the committee on the
part of the Senate.

Mr. Ghego gave aoiioe that he sbould lo-
mortow ask leave to bring in a bill to amend the
chatter of Georgetown.

The 8«QBie re«umed, u in 'Committee of the

Whole, the bill, eoiiiled '- An net making appro-
priations lor the support of CrOTernmeni during
the year 1609;" and the Prebidbht having re-
ported the bill, to the House amended, it was or-
dered to the third readicg as amended.

The bill authorizing an augmenlalion of tbe
Marine Corps was read the second time.

Ordered, That the consideration thereof be
posipooed.

The bill, entitled ''An act for iherelief of Wil-
liam White and oiheis," was resumed, end the
consideration thereof postponed uniil Monday

On motion, by Mr. Shith, of Maryland, the bill,
eniitled "An act makitie appropriations for tbe
support of GoTemmenI during the year 1609," as
amended, was read tbe third lime, by ueanimona
consent, and passed.

The hill, entitled "An act for the relief of Dan-
iel Cotton," was read the second time, and refer-
red to Messrs. White, Smith of Maryland, and
SdUTen, to consider and report ihereon.

The hill, entitled -'An act for the disposal of
certain tracts of land in the Mississippi Territory,
claimed under Spanish grants, reported by the
land commisiioQers as antedated, and foF other
purposes," was read the aecund lime, and referred
to Messrs. Andebson, Fbanklim, and CRaw-
FoRn, to consider and report thereon.

Tbe bill, entitled " An act extending the right
of Buflrage in tbe Indiana Territory, and for other
purposes," was read the second time, and referred
to Messrs. Pope, TirFin, and Smith, of Tennes-
see, to consider and report thereon.

The Senate resumed the consideration of ihe
motion tnade the Sth instant, that jirovision ou^ht
lo ,be made by law, for interdiciiog all foreign
armed ships from the waters of the United States i"
and havioK asreed thereto.

Ordered, That it be referred, to Messrs. GiLBB,
Smith of Maryland, and CnAWPORn, the commit-
tee to whom was yesterday referred the molioH
fur the repeal of the embargo laws, to considM
and report thereon.

Tbdrrdat, February 16.

The, bill authorizing an aagmentation of th«
Marine Corps was resumed, as in Committee of
the Whole ; oo motion, by Mr. Bebo, to strike out
the words " one Major," it was determined in the
^galive — yeas 10, nays 17, a* follows :

Yiis— Meam. Condit, Crawford, Franklin, How-
isnd, Kitchal, Leib, Malliawson, Moore, Reed, and
Tumor.

Nats— Measrs. Bi«dloy, Giles, Gilman, Qoodricb,
Ongg, Uillhonse, Llojd, MlUedga, MitchiU, Parker,
Pope, Robinson, Smith of Maryland, Bmilb of New
York, Sntnter, Tiffin, and White.

And no amendment baTin|[ been made lo the
bill, on the question, Shall this bill be engrossed
and read a third timel it was determined in the
affirm atire.

A message from tbe House of Representative*
informed the Senate that the House agree to the
resolniionfor theappoininientofRJoiDtcommit-

.yGoOgle

411

mSTOET OP C0N0EBS8.

412

Prooetdingi.

Fbbsdait, 1800.

tee to consider wbelher any mcasuies ousht to
b« adopted for the accommodalioQ of chePieii-
deot of tbe United Siaiee, fOT the term commenc-
iog the 4th of Marcb next, aod h^re appointed a
committee on their put.

Mc. Giles, from ibe cammitlee appointed on
the 14lh instant, on the iitbject, reported a bill to
iaterdiet the commercial inteicouree between the
United Slalet and GreatBritain and Fraoo^'od
iheir dependencies, aod for other purposes; and
the bill was read,andpas!ted to the second readioc;.

Mr. Giles gave notice that be should lo-mor-
row ask leaTe to bring in a bill to provide for the
better gorernment of the Navjr of the United
Slates.

Mr. GnBoo obtained It^ave to bring in a bill
■upplemeatary In the act, entitled "An act to
ftmend the charter of Oeorgeiown ;" and the bill
was read, and pasted to the second reading.

And on motion, the Senate adjourned until to-
morrow.

Fhidat, Febraarjr 1?.

Mr. TirpiH, rrom the committee to whom was
teferred the bill^ eatitled " An act extenditig the
right of suHVage m the lodiatia Territory, and for
otoer purposes," reported the bill without amend-
ment; and (he bill was considered as io Com-
mittee of the Whole; at)d no amendment haring
been proposed, it was ordered to the third reading.

Mr. TiFFtfi, from the committee, reported the
bill authorizing an angmentation of the Marine
Corps, correctly engrasied ; and the bill was read
the third time, and passed.

The bill supplementary to the act, entitled '"An
act to amend the charter of Oeorgetowo," was
read the second time, and referred to Messrs.
QREoa, Fhahklin, and Trrdston, to consider
and report thereon.

Mr. QiLsa asked and obtained leare to bring
jn a bill tupplemeniary to the act, entitled "An
act for tbe better gOTernmcot of the Navy of the
United Slates;" and the bill vras read, and passed
to the second reading.

A message from the House of RepreseDlalives
informed the Seasle that the House have passed
a bill, entitled " An aet for impositig additional
duties upon all goods, wares, and merchandise,
imported from any foreign port or place," in
which they ask the eoncurrence of Che Senate.

The last bill brought up for condurrrace waa
nad, asd passed to the lecotid reading.

On motion, by Mr, Lloyb,

Resolved, That a committee ^e appointed to
confer with the Surveyor of tbe Public Buildiags,
relative to the aceomraodatioa of the Senate at
the next session of Congress.

Ordered, That Messrs. TBBiT8T0N,LLOTD.aiid
Oreqo, be the committee.

The Pbesidekt communicated the report of
the Secretary of War, in compliance with the
fifth section of (he " Act to regulate and fix the
compensation of clerks ;" asd the report waa read,
and ordered to lie for copaideraiion.

And on moti<»i, the Senate ndjoutned.

Saturday, February 18.

Mr. Fbanklin gave notice that he should on
Monday uext ask leave (o bring in a bill freeing
from postage all letters and packets -to Tbomaa
Jefferson.

Mr. Smith, of Maryland, from the joint com-
mittee appointed to consider whether any, and. if
aQ.y, what, measures ought to ^ adopted for (he
further accomm Dilation of the President of the
United States, for tbe term commencing the 4th

rihe
ing ]
--'-- fat the further (ecommodation of

the

household of the President of the United Sta
and the bill was twiee read by unanimous cod-
■ent, and ordered to lie for consideration.

The bill, entitled "An act for imposing addi-
tional duties upon all l^oods, wares, and mercliao-
dise, imported from any foreign port or place,"
was read the second time, and referred (oMessra.
Smith of Maryland, Fhanelin, and Braplet, to
consider and report thereon.

Mr. TuRCSTOif, from the eommittee to whom
was referred the motion relative to the accommo-
dation of the Senate, BMhe nest session of Con-
gress, made report j which was read, and ordered
to lie for consideration.

Mr. Ahdbbsok, from the comoiiltee to whom
was referred the bill, entitled "An act for the dis-
posal of certain tracts of land in the Mississippi
Territory, claimed under Spanish grants, reported
by the land commisBioners as antedated, and for
other purposes," reported amendments; which
were read, and ordered to lie for conaideration.

Mr. White presented a memorial from aundry
citizens of the Stale of Delaware, praying a re-
peal of the embargo laws, for reBMQi mentioned
In the memorial. — Laid on tbe table. '

The bill supplementary to the act, entitled
"An act for the belter government of the Navy
of (he United States," was read the second time,
and considered as in Committee of the Whole;
and the President having reported the bill to the
House amended, on the question, Shall this bill be
engrossed and read the (bird time as amended?
it was determined in the affirmative.

Tbe PBEBiDBirF comtaunieated the petition of
a number of French citizens of the Territory of
Michigan, praTine that Oongresa would authorize
an edition of ihelaws reladng to thai Territory,
as well Bs the most important general laws, in the
French language, for reasons mentioned in the
petition ; which was read, and referred to Messrs.
Tbhcbtok, Bbadlby, and Mitcbili., to consider
and report thereon.

The bill, entiiled '^ An act extending the right
of suffrage In the Indiana Territory, and for other
purposes," was read the third time, and passed.

Monday, February 20.

Mr. Qaeoo. from ihe oommittee to whom waa
referred the bill supplementary to the act, en-
titled "An aet to amend the charter of Gen-ge-
towB," reported amendments; which were read,
and ordered to lie for consideration.

Hr. Git.u anbmiued the foUoviog motion :

.yGoogIc

41S

mSTOKT OF CONGRESS.

BBROART, I

W(m-Att«rcourae.

Senatb.

Resohrrd, Tbkt i committM b« appointAl (o inquire
into the eipediency of uoending the acl, entitted "An
act to antablish the judieiii coorts of Ihe United ftatci,"
in nich B ni>nn«TMi that the circuit end diatriel eourti
of the Uaittid States ahkll be mlnectcd to, and be regu-
lated by, the law> of the HiTaTBi Stntea in which thsj
ohali be held, which are now in eii(tence,aima7hBrB-
after ba enacted, legulaling the iwuiag of pntcSH, tiie
proceediDga therwa, and the innienaioii thereof: Fro-
vided. The lame ihall not extend to proceu o> behalf
«f th« United Btalea.

Mr. FmirxLiN asked and obtained leare Id
bring id ■ bill itteiag from postage all letters and
packets to Thomas Jefferson; and the bill was
read, and passed to the secood readiog.

Tbe bill lo interdict the coBtmeicia) inter-
course between the United States aad Oceat
Britain and France, and their depeodeDcies, and
for other purposes, was read the second lime,'aDd
considered as in Coiomiiiee of tha Whole; and
the pREsiDEHT reported the bill lo the House
amended.

Od moitoD, bf Mr. Rred, to strike oat of ibe
14lh section, the foilowing words : " and lo cause
to be issued, under suitable pled|;es and precau-
tions, letters of marque and reprisal against the
nation thereafter eontinuing in force its unlawful
edicts sgainsl tbecommerceof tbe United Siaiea,"
it was determined in the negatire — feas 11, nayi
14, as follows:

Yeas — Menr^ Condit, Franklin, Oilman, Ooadrieh,
HitlhonBe,Lto;d,Mathewfon, Parker, Pickering, Read,
and Sumter.

Nats — Measn. Anderson. Crawford, Gaiilsrd, GUes,
Gregg, Howland, Milledge, Moore, Robinaon, Smith of
Marjlntid, Smith of New York, Smith of Tsnnewee,
Tiffin, and Turner.

And the bill hariog been further amended, on
the question, Shall this bill be engrossed and read
a third tiiDe as a mended .1 it was determined in
tbe affirniBKre.

Mr. TiPDN, from the committee, reported Ibe
bill supplementary to tbe act, entitled "An act
for »fae better goremment of the Navy of the
United States," correctly engrossed ; and the bill
was read the third time^and passed.

The Senate resumed. »' in Coramiitee of the
Whole, the consideration of the amendments re-
ported by the select eommiiiee to the Ml, entitled
" An act for the dispoaal of certata tracts of land
tn the Miuisaippi Territory, claimed under Span-
ish grants, reported by ibe land coHimissioners as
antedated, and for other pnrpoaes;" and, having
agreed thereto, tbe PasBiDEHT reported the biii
to the Houee amended accordingly. And the bill
having been further amended, it was ordered to
the third reading, ai amended'.

The Senate resumed, as in Commrllee of the
Whole, tbe bill making provision for the further
accommodation of ibe household of tbe President
of the United States; and the bill baving been
amended, the PazainENT reported it to the House
accordingly. On the question. Shall ibis bill be
engrossed, and read the third tine, as amended?
il was determined in tbe affirmative.
On notion, the Senate adjourned.

TnesDAT, February 21.

The cTedenijaU of Joseph ANDERaoN,aproiaied
a Senator for the State of Tennessee, by the Ex-
ecutive of that State, from and after the expira-
tion of the limelimiteilin bis present appointment,
until the ead of the next session of the Legisla-
ture thereof, were presemed and read,aDd ordered

nfile.

The Senate resumed the consideration of the
motion subtnitted yesterday, and,

Retolved, Thai a committee be appointed to
inquire into the expediency of amending the act,
entitled " An act lo establish the Judicial Coarls
of the United States," in such a manner as that
tbe Circuitand District Courts of theUni ted States
shall be subjected to, and be regulated by, the laws
of the several Slate* in which they shall be held,
which are now in existence, or may be hereafter
enacted, regulating the issuingof process, the pro*
ceedings thereon, and the fuspension thereof; Pro-
vided, The same shall not extead to process on
behalf of the United States.

Ordered, That Messrs. Giles, Bayard, end Ah-
UEBeoN, be the committee to consider and report
thereon.

The bill freeing from postage all letters and
packets to Thomas JeOeraon was read the second
time, and consideredaainCommitleeof the Whole;
and no amendment having been proposed, on the
question, Shall this bill be engrossed and read a
third limel it was determined in the affirmative.

The Senate resumed, as in Committee of the
Whole, the bill supplementary to the act, entitled
" An act to amend the Charter of Georgetown ;"
and the Phebidbnt having reported tbe bill to the
House amended, on the queslion, Shall this bill
be engrossed end read a third time T it was deter-
mined in the affirmative.

Mr. Tiffin, frocB the committee, reported Ihe
bill making provision for the further accommoda-
tion of Iheliousehold of the President of [be Uni-
ted States correctly engrossed ; and ihe bill was
read the third time, and pas.sed.

Mr. TiFFiH, from the committee, reported ihe
amendments to tbe bill, entitled "An act for the
diaposatofcettain tracts of land in the Mississippi
Territory, claimed under Spanish grants, reported
by the commissioners as antedated, and for other
purposes," correctly engrossed; and the hilt was
read the third time, as emended.

Haolved, Tbat this hill pass, with amendments.

NON-IMTEKCOUBSE.
Mr. Tiffin, from the committee, reported the
bill to interdict tbe commercial intercourse be-
tween the United Slates and Great Britain and
France, and iheir dependencies, and for other pur-
poses, correctly engrossed ; and the bill was read
the third time, and the blanks filled— section three,
with the words fventtelAand^a^ in two instance*.
On motion by Mr. BBAD[,a¥, the words, "or
being pursued by the enemy," were stricken out of
tbe first and third sections, by unanimous consent.
Mr. Llovd addressed the Senate as follows:
Mr. President: When the reaotuiiim on which

.yGoogIc

HISTORY OP CONGRESS.

416

Sen ATS.

Noii'lnUrcouTK.

FCBRDAHY, 1809.

this bill 19 founded was brought forward, I had
expected it would hare been advocated^as a
means of preserving peace — a» a menace to the
belligerents, that a more rigorous caurEe of con-
duct was about to be adopted towards them, □□
the part of the United Stales, provided they con-
tioued (0 per&iat id tlieir injurious decrees, and
Orders in Council — as giving u« time to prepare
for war — or as a covert, but actual war, agaiast
France and Great Britain.

I feel iodi'lited I o the honoable gentleman from
Virginia, (Mr. Giles,) for not oiily having very
much aarroned the consideration of ihi! subject,
but for tiie open, candid, and manly ground he
baa taken, both in support of the resofution and
the bill. I understood him to avow, that the ef-
fect must be war, and chat a war with Great
Britain ; that, notwithstanding the non-intercourse
attached to this bill, the merchants would send
their vessels to sea ; those vessels would be cap-
tured by British croisers; these captures would
be resisted; !Uch resistance would, produce war,
and that was what he both wishad and expected.
I agree perfectly ?ilh the gentleman, that this is
the natural progress, and must be the ultimate
effect of the measure; and I am also glad, that
neither the honorable Senate nor the people of
the United States can entertain any doubts upon
the subject.

I understood the gentleman also to to say, that
this was a result he had long expected, piow, sir,
as there have been do recent decrees, or Orders in
Council issued. If war has been long lootied for,
from those now in operation, I know net what
excuse those who have the management of out
coQceros can offer to the people of the United
States, for leaving the country in its present ex-
posed, naked, and defenceless situation.

What are our preparalinns for wart ATter be-
ing together four-fifths of the session, we have
extorted a reluctant consent to fit out four frigates.
We have also on the stocks. In the navy yard and
elsewhere scattered along the coast, from the Mis-
aiisippi to the S<:hoodick. one hundred and sev-
enty gunboats, which, during the summer season,
andunder the influenceof gentle western breezes,
may, when in commission, make out to navigate
some of our bays and rivers, not, however, for any
effectual purposes of defence, for I most consci-
entiously belteve, that three stout frigates would
destroy the whole of them; and of the enormous
expense at which this burlesque naval establish'
ment is kept up, we have had a specimen the pre-
lent session, by a bill exhibited to the Senate, of
eight hundred dollars for medical attendance,

this ratio, it requires but few powers of calcula-
tion to foretell that, if the gunboaia can destroy
nothing else, they would soon destroy the pMblic
Treasury.

We have also heard of a project for raising fifty
thousand volunteers, whien has, I believe, been
Tecy properly stifled in \\i birth, and we have ap-
sppTopriated, during the present seasion, one huji-
died and fifty thousand dollars lowaida the erec-

tion, repairing, and completion, of our fortifica-
tions. A sum about equal to the expenditure of
the British Government for six weeks, or two
months, on a single fortress in the Province of
Canada, and rthich sum, with us, is to pol into
a slate of defence, against the naval power of
Great Britain, an exposed and aceessiolc mari-
time frontier of two thodsaod miles in extent '.

In contemplating war, it is also proper to ad-
vert to the state of the Treaeury. Under such
an event, and with any serious preparation for
war or actual prosecution of it, the present funda
would soon be exhausted. How soon cannot be
stated, because the amount of them cannot be ac-
curately ascertained. A part, and a considerable
part, of the money now on hand, does not belong
to the public. It is theproperty of the merchants;
it is deposited in the Treasury as in a hank, to be
cheeked for, whenever that commerce, whieh Mr.
Jefferson, in his Notes on Virginia, most emphati-
cally says, our country vill Aooe, shall be agaio

And thus situated, what are the projects offered
for replenishing the public coffers In future? It
is the duty of the Secretary of the Treasury lo
develope tne resources of the nation, and to point
out new anurces of supply, whenever the ur^ual
channels are impeded. He has designated three
modes. The first, if executed, embraces, in my
view, and 1 am sorry to say it, a marked viola-
tion or the public faith. It is the suggestion of
stopping drawbacks on merchandise, which, in
many instances, the merchaols, from a reliance
on the stability of your laws, and the integrity of
the Government, have imported expressly for ex-
portation, and not for domestic use or consump-
tion in this country, and which exportation you
have prevented them, alike contrary to their io-
clinalions and their interests, from making for a
longer period then ever was known or endured
in any other nation.,

The second project is one which, in my opin-
ion, would do little honor to the genius of any
man. It is a sweeping project for doubling, at
the moment, the dutiea on every description of
imparted merchandise, on which a duty is now
payable. Without notice to the merchant, with-
out inquiry, without discrimination, withoat dis-
tinction between the necessaries of the poor man
and the luxuries of the rich one ; between the in-
dispftsable raw materials of the maoufaeturei
snd the useJest decorations of fashion. By which,
bohea tea and Madeira wine, brown sugar and
cosmetics, coaches and carpenters' tools, are all,
by a single stroke of tlie pen, raised in the same
ratio; and a duty of 100 per rent, on the present
rates, without favorer aOeciion, equally reconi-
mended to be imposed on the whole of tbem.

The third project is cettainlv not a novel one;
it is simply that of shifting the burden off our
own shoulderj! on to those of our successors: it is
that of borrowing money on loans.

I have been, sir, Binong those who have ro-
speeted the intelligence and acutenessof the Sec-
retary of the Treasury. I have thought the office
very ably filled; nor has my estimation of bia

.yGoogIc

41T

HISTORY OF CONGRESS.

Fessdart, 1809.

ffim-htercourte.

Senate.

talenis been dimtnigbed Ttum ibe Tew personal
confereaces I have had with him since I have
been in ibis cily; bul if his fame rested on do
firmer a basis ihan ihe leports made lo Coagreis
the present session, in relation to eaforcing the
embirgo laws, and to our fiscal concerns, then an
infant's breath might easily burst the bubble. At
any rate, it may very truly be said, that if such
are OUT preparations for commencing, and our
resotirces for continuing a war, they are those
which w'ill acrve neither lo inspirit ourselres, nor
to frighten our enemies.

If we are to have war, with whom is it to be
prosecuted — not in terms I mean, but in fact?
Certainly not with France. Her few possessions-
in thH West Indies have probably, by this time,
ceased to belong to her, and between her Euro-
pean territories and the United States a gulf in-
tervenes, a power is interposed, which neither the
Emperor of the West nor the King of the Two
Americas can either fathom or resist.

It then appears, if we we are to ha7e war, it is
10 be a covert war, with the two belligerents, but
in reality an actual war with Great Britain alone,
and not a war with both France and Great Brit-
ain, as the face of this bill seems to import.

If (his he the determination of our GoTem-
meni, and the war is to commence at a future
day, and not instantly, what is the course which
policy would dictate to this country to pursue 7
Certainly not a prohibition of the Importation of
her manufactures. A long period of years must
elapse before we can furnish for ourselves many
articles we receive from her even of the first ntces-
sily, or those which, from habit, bari become
snch to u.-. We should, therefore, sedulously en-
deavor, not onlv to guard against exhausting our
present stock, but to adopt every means in our
power to replenish it.

Il would be expedient to throw wide open the
entrance of our ports for importations, to over-
stock M much as possible the United SiBIca with
British manufactures. This would procure for
ui a double advantage; it would promote our
own accommodation, by giving us ibe means of
commencing and prosecuting war with fewer
privations, and it would powerfully tend lo unite
the interests of a certain class of the inhabitants
of that country with our own — for, ai the mass
of importations from Qreai Britain are made on
long credits, should a war ensue before such
credits are cancelled, il is obvious, that, until the
conclusion of the war, those debts could not be
collected, and this circumstance alone, to a cer-
tain extent, might operate as a preventive check
to war, or, at any rate, would secure in the bosom
of the British nation a parly whose interests and
feelings wonld be intimately connected with a
speedy return of peace.

By adopting a non-intetcourse antecedent to a
state of war, our own stock of supplies becomes
exhausted, the British mercbanls have lime ant'
notice given them to collect, or alienate, by assign
ment, their debts in this country. A warning is
given them to buckle on their armor; their good
disposition towards us is not only changed, bul
lOltt Com. Si. Sebs.— 14

embittered, and the very persons, who, in the one
;Bse, might possibly prevent a war, or be instru-
mental in efiecting the restoration uf peace, would
in the other, probably be among the most wllliDS[
ID rush into Ihe contest^ from the impulse of tem-
per, and from the conviction thai their own cir-
:umstancc3 would not be deteriorated by its cod-

A non-intercourse would also be attended with
great hazard and disadvantage. It would be aa
well nndprstood by others as by ourselves; it
could alone be considered as the precursor of war;
and the blow would be struck, not when we were
prepared, but when our opponents Were ready for
the contest; and should this bill go intu opera-
tion, it is very passible, that during the ensuing
mer, some of our cities may exhibit heaps oT
: and of ashes, before expresses could con-
at the scat of Government erea the heads
of our departments.
Another evil vould arise, and tliat a perma-
!nt one; whether a uoQ-iniercnurse eventuated
war or peace, it would materially and adversely
affect both ihe habits of the people and the rev-
enue of the Slate. Many of the ariicLes which
are now imported from Great Britain are indis-
pensable for our comfort, and some of them for
our existence. The people cannot do without
Ihem : the consequence must be, that, instead of
being regularly imported, the articles will be
smuggled into this country, and thereby the price
rot only becomes greatly enhanced to the con-
sumer, but the duties are wholly lost to the Gov-

Hitherto, the revenue of the United Slates aris-
ing from impost has been collected with a degree
of integrity and punctuality highly honorable and
unexampled in the history of commercial nations.
This successful collection of duties has not how-
ever been effected by the employment of swarms
of revenue officers, spies, and informers, as in
other countries ; it has heen infinitely more effec-
tnally secured, by an honorable pride of char-
acter, and that sentiment of affection which was
naturally excited in the beans of freemen toward;
the Government of their choice, and a Govern-
ment under which, in the maio, they have expe-
rienced much prosperity. But barriers of thii
description, like other high-toned sentiments of
the mind, being once broken down, can with dif-
Scultjr be restored, and the chance of materially
impairing this, in realily_, ''cheap defence of na-
tions," should, in my optnion^ of itself, afford ■
sufficient reason for the rejection of all measure*
of doubtful policy.

In a country nearly surrounded by, and every
where intersected with, navigable waters, encom-
lassed by a frontier beyond the ability of ten

eof ir

railed?.

prise, and at present in a state uf poverty, the
temptation of great prices will be irresistible —
for there is no truism in morals or philosophy
better established ihan tfte commercial axiom,
that demand will uliimnttly furnish a supply.
Thereate, undoubtedly, periods in the history

.yGoogle

mSTOEY OF CONGRESS.

Be KATE.

Non-Inlercour*e.

Pebbdabt, 1809.

of B DBtioD, ID which a contest would be bolh
honorable and indispensable, but it should ever
be the result of great deliberation, and in an ex-
tended republic, perhaps, of necessity. Thai goT-
ernmeot is most wise and moat patriotic, which so
conducts the affairs of the nation over which it
presides, as to produce the greatest ultimate good ;
and when b nation is attacked at the same lime
by two assailants, it is no reflection on its honor or
its bravery, to select its ojiponenti and on prio-
ciples of reciprocity, independentl; of those of in-
terest, the first aggressor would undoubtedly be
entitled to the first notice.

Who then has been the first aggressor 1 I an-
■w«r, France. The Berlin Decree is in a great
measure the cause of our present difficulties. In
justification of France in doing this, I know gen-
tlemen resort to the conrention between Russia
anil Great Britain in 1793, to prohibit a sumily of
grain to France; but this is bf no means aumcient
justification to France, even without referring to
& decree to the same effect issued in May of the
saioe year by France, while she was ignorant of
the secret stipulation between Russia and Great
Britain.

For a long period, an^ among mOsi of the mar-
itime nations of Europe, the right of inhibiting a
■upply of provisions to an enemy, was tacitly ac-
quiesced in, or expressly admitted. This prac-
tice existed even so long ago as the Mithridalic
war, and has probably been followed up, witbout
an interval at any onetime of fifty yeara, from the
commencement of the Christian era to the pres-
ent day. TbiF attempt therefore of Great Britain
Lo injure Prance, formed no excuse for France to
attempt lo injure Great Britain by violating the
commerce of the United States.

On the 3ht of December, 1806, the British
OovernmenI formally notified the American Gov-
ernment, that Great Britain would consider an
acquiescence in the Berlin Decree on the part of
neutral nations, as giving to her (Great Britain)
the right to retaliate in the same way against

Had the American Government, at ibis period,
manfully and explicitly made known its deter-
mination to support our rights at all hazards, I
have no belief that our present difficulties would
erer hare existed.

In May succeeding, advices were received of
French privateers, under this decree, depredating
upon American vessels in the West Indiesj and
daring the same month the ship Horizon, in dis-
tress, was thrown by the act of God on the French
coast, and was seized under the same authority.

In November, 1S07, the British, in conformity
with their notice, issued their retaliating order.
A prior Order in Council of January, 1807, had
been Issued, but this only affected vessels trading
between difi'erent ports of France, or between
ports of France and her allies ; a trade always ob-
noxious 10 suspicion, and one which during war
must ever be expected in a greaidceree to be restric-
ted, and which is alsQ interdicted by a standing
law of the French Government, passed in 177^
and confirmed by the preient Empeior.

I the part of
ees. Thelast

Then followed i
France, the Milan and Bayonne decrees,
of which dooms an American vessel toconder
tion from the exercise of a riahx universally ac-
knowledged to belong to belligerents, and one
which the neutral has no possibility of prevent'

log, that of bcina spoken with by a
ser, which from her superior sailins tl
possibility of avoiding. In point of principle, thi*

I rageous violet ioQ of neutral rights
ever known, and this, too, took place under the
existence ofa treaty made within a few years by
the same person who issued these very decrees.
Whilewith Great Britain we have no treaty, and
whose orders are expressly bottomed upon and
limited induration by the French decrees, and
issued after having given twelve months' DOticr
of her intention to oppose ibera in this way, and
the Orde/s in Council are even at yet not co-
extensive in principle with the French decrees.

I have, in taking this brief view, confined my-
self exclusively to the decrees and orders of the
two Governments, without advertioc to other
causes of complaint on either side. 1 consider
myself as warranted in doing this, from the Ameri-
caa Government having explicitly taken this
ground, and made known that, on the removal of
the decrees and orders, it would, on our part, re-
move (he embargo, and restore the accustomed
intercourse between the two countries.

From this consideration of the subject, it ir-
resistibly follows, that France was the first ag-
gressor on us, in issuing her decrees — that in point
of principle, they arc much more outrageous vio-
lations of right than the British Orders in Coan-
cil — that the latter originate from, and co-exist
only with the former, and that France should of
consequence be the first object of our vengeance.

The efil'cts of a war with one or the other na-
tion, would be as distincilyperceptible. With
France it would make no difference to us. For
as Inng as she continues her decrees, commerce
with her could nut he prosecuted — no man would
bemad enough while her coast is lined, and the
ocean covere'd with British cruisers, to send his
vessel to France, where she would meet with cer-
tain condemnation for bein^ even seen and spo-
ken with by a British frigate. With Franca
therefore, the actual difference arising from pass-
ing this bill, and declaring a non-intercourse

versed. No one now doubts her ability or dispo-
sition to carry her orders into effect, nor her pre-
paration to ex tend the theatre of war. If we com-
menced war upon France, as she would he the
common enemy of both oations. there is no
doubt in my mind that our differences with
Great Britain would be favorably settled, that
the commerce of the world, excepting as it re-
spectsFrance aud her allies, would heagain open to
us, and that a trade, which has hitherto employ-
ed nearly seventy millions of our capital, might
be again accessible lo the industry and enierpriss
of our citizens.
Reverse (his piclnre, admitting that yon bars

.yGqogIc

Febidabt, 1800.

mSTORT OP CONGRESS.

Non-JiaeTamr$e.

■ mr wilh Qreai Briuin, what will b« its con-
teqiKncesT if youi ciiizeasare uoiled, you can
ciptare Canada, Noth Scotia, and New Bruns-
wick; wben you hare effected this, what remains
rteit 10 be done 1 You hare Teacbed the ne pltu
lUIra of your ability- Tbeoceforward your pons
are hermetically sealed. PriTateerin^, from the
convoy system adopted by Great Britain, could
not be anccessfully prosecuted ; no food for enter-.
piise remaiaa, and thus vou would remain, five,
ten, or fifieea years, as tne case mig^ht be, uoy
the wiadom and good sense of the nation predom-
ioaied orer its passion, when an accommodauon
wonld be made with Great Britain, following her
example with regard to her West India conquests
restoring the captured proTinces, enriched by
American population and industry, and giving as
perhaps a trealy,stillleisfBTorablelhan the much
execrated instrument of 1794, which, hadasjl wav
said to be, has proved a cornucopia of wealth to
OUT country, if it produced nothing less than a
thirteen years' peace and which, to my view, is
vastly preferahle lo its abortive :
year eighteen hundred and six.

As a youn^ people,
interest requires that v
with any nation withoii

leilher our duty nor our
e should enter into a war
lal prospect of
war wilh Great
Britain, it will be a war of no ordinary cast —
whose effects and duration no man can distinctly
foretell ; such a war cannot be carried on with
a dirided people, with "restrictive energies," or
paper resolutioDs — it must be a war to be prose-
cuted at the expense of the blood, the treasure,
and perhaps the prosperity of the country.

Such a war ought never to be undertaken by a
young nation, by a Republican people, nnambi-
tiovs of conquest, already possessing territory
enoagb for " the thounandih generation," except
under circumstances of the most urgent necessity,
and after erery honorable, open, and reciprocal
effiin to preserTe peace bad been in vain attempted.
In this country it may erapbaticaJly be said the
vox fMptdi is the vox Dei. The Government,
whatever may ba its dispositian, cannot go to war
withont the people; and the people, inrteTltgeot in
many parts of theconntry as their rulers, kno^ine
their own interests, and knowing also who will
have to sustain the burden of the contest, will not
engage in any but a just and necessary war, and
Iben only after the nectssity has been made ob-
vioui 10 their comprehension.

It is the policy of this Government to spread
information before the people, they on therefore
judge for themselves. Witn regard to our foreign
relattooa, they have not before tliem all the facts ;
Ihey have however enough to present to them the
singular spectacle, that we are about to declare a
Don-iaterconrse with two nations ; with one of
which it must produce a destructive war, while
the other enemy, if it be proper so to style her,
who furnishes the root of tbe system, chuckles at
the meainre we adopt, osteosibly to annoy ber —
praises our embargo, and speaks in tbe most re-
cent and official communications of her Govern-
ment, to ua, as joined in a common canie wUh

ler; and publicly declares "that the allies of

France and the United Stales sacrifice, with a
resolution equally generous, their private c

repelling from all poinia tbe Ei
mploying the means
It end."

eEn(^

' lish c

' culsied to promote that en<^."

What will the Qovernmenl of Great Britain
and tbe people of this country, after hearing this,
ibink of the rumors now afloat? That the
French Minister, apparenilv well satisfied with
his situation, has engaged a nouse near the city ^
Baltimore on a three years' lease 1 That the Pre-
sident's confidential Secretary, leaving the duties
of his recent appoint mem as a capiain in the army,
is going to France, while a six-dollar bearer of

intercourse is to be interdicted, we are, from the
exuberance of our philanthropy, cutting our own
throats, and sending cotton seed to France ins
Government vessel, to teacb them bow to supplant
us in the cultivation ofihe great staple commodity

To say the least of it, the people will perceive
in a non-intercourse, or in its synonyme, war, an
UDcommoo, if fortuitous coincidence with tb«
views of one belligerent, in opposition to those of
the other, and will not at present, in my belief,
concur in such a coincidence iftbey can coDSli-
lUiionally prevent it.

The recollection is yet too vivid, of the enormi-
ties of the French Revolution ; of the more recent
but still more extended airocities of her imperial
; the violation of her treaty wilh
s infractions of onr riehts ; the un-
id contempt and disgrace she has heaped
upon us; to permit for a moment the people of
this country, either in terms or in substance, to
join with ber " in a common cause to repel from
all paints tbe English commerce, and to employ
the means calculated to promote ibat end."

In the Northern and Eastern sections of the
United Slates, the great majority of the people
are, as I believe, ready for a war with France, if
the Government choose to direct it, as being tbft
war first cnlled for, by a regard to the honor and
interest of our country, and as being the naltoo
with whom, according to tbe observations of tbe
geotlemati from Tirginia, made some time sinee,
we are already in a stale of actual hostility.

Wilh Great Britain they would not readily en-
gage in war, until all hope of accommodation
shall have vanished ; and to evince this, a new d»-
gotiation, another effort at adjustment, ought still
to be made. The atiempt to produce peace can
disgrace no nation not in danger of immediate
subjugation.

if this negotiation be undertaken and conducted
with publiciiy — in the spirit of amity, modera-
tion, frankness, and reciprociiy, and with a due
regard to tbe existing and pecul iar circumslaocea
of the times, and it should fail, then tbe boon BO
ardently desired, by every honest man in the
country, that of union, would be attained. In such
case, there would be bat one voice in ihe Repub-
lic—^he nation would b« United as one man, nnd

.yGoogIc

428

HI8T0RT OF CONOBESS.

thn-bittreourae.

would be readjr, at ihe conniMDd of their rulen,
10 take the path to death or victorr-

Thiiis the course which, in my humble opioioD,
the United Slates ougbl lo puraue.

Ab 10 the commeraial effecla of a non-inter-
conrse with Great Biilain sad Fiaoce and their
ttapective dependenciea. and wiih an^ caunlrj'
or plaeo in ibe aciual posseEsion uf Great Brilain
or Fiaoce, aad a proiiibiiion to import their mao'
ofaclurei or produce, I shall not waste the lime
of the Scnaie miautply to contider it.

No trade would reroain. which could be proa-
eeuied without fraud, iiurailtalion, or disgrace;
no one would mialakea ooa-intercoune for a pa-
cific Duature ; diaiant royagei, iherefore, those
of the NortliwcEt coast of America — to China,
HkniJla, fiatavia — to the Arabian and Peraian
Oulf&, would rot be uoderiakeo ; wiib a noa'io-
tercoune liaoglDg over iheir heads, onrmercliaoia
would Doi even Tenlure to aend their vessels to
the Brazils.

In Europe, who can lell whether apain or Por-
tugal are in <he aciua! possession of France or
Great Britain? Tbey both have armie* ihere,
or on (he fraiitiers,SDd neither nation basa Gov-
erament. No honorable Senator of this House,
nor any collector in (be Unired Stales, can now
tell, whether a merchant has or has not a right,
under (his law, (o send a reshel to either uf those
countries ; and if he did, and the French or the
British were the conqueron before her arrival
there, whether such vessel would or would not
come wiihin the pecaliirs of (his bc(.

Yes, sir, we can (lade elsewhere, we can go to
the lawless States of Barbary, and perhaps make
Algiers a great eiuponum for American raerchan-
dise—toiheAzoresor Western Islands—to Sweden.
(be most impoverished country in Europe, and
where half a iloeen ships loaded with West India
produce would overstock all her markeis. We
could alia for a short lime trade (o iSl. Bar(bol-
omews, in the West Indies — I mean until actual
war commenced, Qui wherever a depot was
opened it would be instan:ly glutted with Amer-
ican produce, which, from a combination among
(he purchasers, would be sold for a song) while
British manufactures would come lo us by a cir-
cuitous route, and at an immense price, covered
with perjuries, and doubly plated with Russian,
Prussian, Dutch, and German certificates.

The consequence of all this most be, (bat the

Eoducis of the Southern States, the corn, wheat,
inr. cotton, and some of the tobacco, would fiud
a baa marke( ; while the bulky and mare perish-
ablearticles of the North— (he fish, which in warm
weather cannot be rehnndled, end (he lumber,
which from its bulk and little value cannot pay
two freights, would, under (his non-intercourse,
be nearly as unsaleable asunder the embargo;
while, worse even (ban this, our excommunicated
opponents would get their supplies on cheaper
terms iban they have ever received (hem since
we have been a nation. I have no hehiiaiion in
saying, that such a trade as this would be super-
lative degradation, and (hat it ought not to be'
proteoutfld by any independent people.

FBB(tDAtlY,1809.

Mr. HiLLHOOaB said : As it regards the future
dettiniei of our conntry, the bill on your table is
one of the most important that has engaged the
attention of Congress. This bill marchea us to the
precipice, from which the next step may plunge
the nation into a war, incalculable as lo calamity
and duration. Under circumstances like these,
the duty I owe to myself, my constituents, and
my country, requires me (o come forth boldly,
and speak my sentiments in plain language.

^ am sorry, sir, we have not the whole inform-
ation to which we are entitled before we are call-
ed on to decide this question. The bill is predi-
cated on the principle ot (he en(ire failure of the
negotiaiion wi[h the great belligerents ; the
whole correepoDoence, therefore, ought to be be--
fore us, that we may perfectly understand what
is our situation in relation to (hose Powers. But
I know, sir, end everv Senator must know, we
have no( that inform'ation. It is withheld from
us. It is manifest, from the documents which
have been coramun(ca(ed by the President of the
United States, that there has been a double gear-
ed correspondence between our foreign Miniaten
and the Department of State. An official corre-
spondence, and a private correspondence. As
regards England, we hare very little of the pri-
vate correspondence. As regards Fracoe, wehave
but a small portion of either the official or private
correspondence. Can any one believe, that, during
euch a critical period of our affairs with that na>
tion, for very long intervals there should bove
been no communicatious or correspondence be-
tween our Government and our Minister at the
Court of France? The very letters we have, refer
toothers which mustccntain important inform-
ation. Why this eooceilment? Sir, being de-
nied the direct and clear evidence in the posiea-
sjon of our Qoverament, we mu>I depend on such
information as we can find. This must be my
apology for some of the circa instances which I
shall state in thecourae of my remarka; circum-
stances to which I should not have been under
the uecesiiicir of resorting, if all the correspond-
ence, official snd private, had been kidbeforeus.
Such as was not proper to be made public might
have been seul confidentially, as is frequently
done. It ought to be known before we determine
on eomniiKing the peace of the nation.

Before I proceed to general remarks^ I will no-
lice some few of the details of the bill ; on which
I shall, however, he very concise, as the whole is
radically wrong, and incapable of amendment.
This ia the first attempt in legislation to hare a
partial embargo on (be same port. I know it is
not unusual to have a partial embargo, that is, an
embargo on a particular port, or certaia porta.
B[i( that all the ports should be emhargoed and
not embargoed at the $ame time, is a novelty, is
what I cannot understand. The very nature of
an embargo is (□ confine ve^^sels in port ; and bow
can vesseTs be confined acd not confined by the
fame act? The gentlemen who prepared (his
bill were not so wanting in knowledge in Ihe af-
fairs of legislalion as not to understand (his basi-
neas perfectly. The only poisible use there can

.yGoogIc

425

HISTOKT OP CONGRESS.

428

FfiBBDARV, 180e.

JWNi-Aitercow«8.

flMATK.

be ID beepin:; alire th« embargo act, the lupple-
meutary embargQ Rcls,BDd ihe eDforciuft lUtute.
is (o avstl tbeiQselvn of the miliiary force, idi}
of tbe odious aad oppretsireprovisioos contained
in litem, to aid io ibe enccutiun of tbii

aiiached lo the Te-enacticg of liife provisioDi in
this bill. The fact is, howeTer, that all the pro-
viaioDs in those rarioas acts for carrying thean
into efTecl. so far as regards France or England,
or their colonies and dependencies, are Tiriimlly
ndoptud br this bill.

Section ekventh of this bill nuihorizet the Pre-
eideol uf ihe United Slates, ''in case either
' France or Great firitain shall sorevolicor mod-
' :fy her edicts, as that they shalt cease to violalc
' Ihe nenlral commerce of the United Btatca, tc
'declare the vame by proclamation; and there-
' upon cause to be issued letters of maiqiie and
' reprisal againsl tbe oaiivi thereafter conliDUiDg
' ID force its unlawful edicts." The CoDstitulion
aays, " The Congress shall have povrer to declare
' war, grant letters of marque and lepriaal, and
' make rulen eonceroiag captures od land or wa-
' ter." Tbe exercise of this authority, givea by
(bistectioQ ti the President, to graDt letters of
marque and reprisal, it to rest oti tbe revocation
or modification of the edicts of France or Great
Britain, so as Dot to violate the neutral commeree
of the United States. And this comphcated
questiOD is left to the judgment and aalimiled
discretion of the President. His individual opin-
ion OD the nature of a variety of edict* not specifi-
ed, and which will admit of various coDsiruciions,
is to govero. If the condition on which such a
power ivas to be exercised, were some specified
event, ceriain and precise in point of fact, which
is not thia case, it might be questioned whether
the ConsLituiion would, even then, warrant CoU'
gress in d elegaCing to the President the power of
declaring war, or of (raoiing letters of marque
and reprisal.

The thirteenth sectioD provides that no vessel
Ghall be allowed to go on a foreign voyage, unless,
among other things, bonds are given, in some in-
staoces in double, and others in four times the
value of the vessel and cargo ; " nor unless every
other requisite and provision of the second sec-
tion of the act" — (the enforcing act) "shall have
been complied with." One of which is, that
bonds ahall be given to six times the value of vei-
eel and cargo. It cannot be the inleation that
bonds, in some insianees to eight, and otbert ten
times tbe value, shonld be demanded ; and yet I
rnayask, how are you to ^et along with the pos-
itive provision in this section T Perhaps, indeed,
it may be done with the aid of the present learned
Attorney General, who has such a wonderful fac-
ulty of explaining away positive statutes.

Section fourteen contains a pioviiiion direcilv
opposed to that part of the Canilituiion U'hicn
saya, " no preference shall be given by any regu-
lation of Eommeree or revenue (otheportst^oae
Slste over those of another."

By this section all the porU of the Uaited
Slates are releaaed from certain oppressive and

burdensome restrictions respeeting their coaet-
iDg trade, excepting tbe collection districts ad-
jacent to, the territories of a foreign Dstion,
which are to remain subject to those reairiciionB,
amounting almoit to a total prohibition of their
coasting trade. No snch exception is to be found
in the Coosiiiuiion ; and if Congtess may tho*
single out the ports of one district, why not choie
of a State, and thereby wholly arresi the com-
merce of a State which may he so unfortunate as
to fall under the displeasure of the Adminiein-
tioD 1 If Ihe Conslilution may be departed from

capitaiioo or other direct tax shall be according
to the census — or that no tax or duty shall be laid
On tbe exports? As well. Day better, might a lax
ordulT belaid on the exports of a particular port,
than tnat their coasiiag trade should be bnrdened
according to tbe provisions of those several acta.
I will close my remarks on the details of tbe
bill with some notice of tbe nineteenth aod last
seoiioa, wliioh seems to be a favorite one with the
gestleman from Maryland, (Mr. Shith,) beaaoM
It repeah, after the end of the next ««asioD of
Congreie, the several embargo acts, and the en-
forcing statute. Sir, I have do eonfidenca in ihli
provision. We find such a clauie tacked to al-
most every bill which may hazard popularity. By
examioiDg the statute book, you will find a great
number of important lews resting on such •
clause ; and before the elose of almost evety aea-
sioD we pats a short bill, containing perhaps threa
or four lines, further to continue such law* iq
force to tbe next or some fatare session of Con-
Mr. Presideot, it has been with very great eo«-
cern that 1 have viewed tbe progress of our a&ira
in regard to our foreign relation!, since the die-
casiioD on the resolution 1 bad the honor to sub-
mit, for the repeal of the embaigo. It ia with deq>
anxiety, [ contemplate the passing snch an aclaa
is now under consideration. The embargo baa
produced discontents of a very alarming nature.
This bill, if it should unfortunately pass, may
the people to desperation. The embargo
has destroyed our commerce. This bill, ifearriad
into eSect, will destroy tbe benefitH of commerce,
and may involve us in war. If the proviiiooe of
the bill are not inlended to be executed, it would
be degrading to the Oovetument. it would be dia-
honorable to past it ; as it would ne holding onta
lure, nay an invitation, to our citizens to Imcohm
violators of our laws, and expose us to the darM-
n o( the world.

Suppose the act passed, and rigorously execnv
I, what would be tbe consequence 1 Every man
of common sense in our oouDtry can tell yoo.
Our produce would be confined lo a few porta,
one or two. perhaps^ in the West Indies, the mar-
ket would be glutted, and it would not bring oaa-
third its value. British and other meicbanu
would purchase at their own price, and transport
' markets where wanted, at an immense proflu

.yGoogIc

427

HISTORY OF CONGRESS.

SSMATB.

Non-IittereOttTte.

FlBRUART, 1809.

but maoy article! of indigpen«abi« Deceuity
woald be excluded altozeiher.

It will beTcmcmbered, that, when l}ie embargo
bill was oD its rapid marcti [brough ifae Senate,
ftt the last Eeaiion, I did not fail to warn th«ni of
ihe diDger of passiDg such an act ; for that bd
embargo could not and would Dot^ for aaf great
lenglb of lime, be executed, No, Mr, the despotic
power of Bonaparte could not execute it. Now
tbat it is found it caonot be executed, ibe bill ou
your table is proposed as a substitute. Let me
ask, can that be executedf I have no faesiiaiion
in saying ii cannot and will not be executed. For
if Ibe laws will not adniit Ibe introduction of
■uch articles of, foreirn grow|h and manufacture
as are of indispensable necessity, ibey will be
•muggled into ine country, and the payment of
dalies avoided. Sir, Congress cannot control the
elements ; and they niifht as well attempt thflt,
MM to enforce such acts against the general inter-
ests and wishes of the peopIC' The operation of
■neb statutes will be to conrert yonr merehi
into smugglers^ and your citizens into si
prowling about like beasts of prey, seeking whom
they may devour. Our country will be filled with
MJzuru. our Federal courts crowded with suiti
for penalties and forfeitures, and our State court:
wtiD suits for damage). Many of our citizen:
posaeasing integrity and honor, too scrupulous tc
engage in such a traffic, might think of^ quitting
(beir country, and seeking protection under some
foreign Power, having laws of a milder aspect.

Let me entreat the Senate to pause, for a mo-
ment, and reflect wheiiier they can have any as-
ntranee that there will, much longer, be a natieni
submission to such measures? Whether liie bur-
den is not already ioiupporlable 1 And whethei
tbe sufferings of the people have not become io'
tolerable 1 Some genllemeo have declared theti
disbelief of the accounta of the sufferings of tbe
people. Tbey do not believe that such sufferings
exist, because the sufferers have not proclaimed
(beta on the house-top. It is not men of wealth,
who, under any circumstances, and in any times,
can produce au abundance of Ihe necessaries ol
life — or tnen in the receipt of ample salaries,
wrhich suffer nodiminuiionfrom the embargo — or
men who receive a per* diem allowance, not de-
pending upon commerce or agrieollure for its
continuance — about whom 1 Teel an anxiety.
Such men, though, by the embargo, they may be
deprived of the opportunity of adding to the ihou-
lands already laid up in store, wilt not suffer
WBQl. It is tbe laboring people in the Noithi
and Eastern States, who depend on their daily
occupations for the support of themselves and
their numerous families, whose sufferings I regard.
On this class of citizens we depend to do the la-
bor of our country. Many of them, though in
the humbler walks of life, are respectable; (hey
are freemen ; tUey add greatly to our strength and
•ecnrily in the hour of danger ) for they are nu-
merous and hardy, and bear arms ; and, what is
most to their honor, are alwavs prepared, when
their country calls, to go forth in her defence.
Theae are men who canoot be turned off with a

peck of corn a week.* Men about whose suffer-
ing" we cannot feel indifferent' To find out the
sufferings of this class of our citizens, you must
not go to demagogues, political partisans, or office
iters, who always say what they think will
ise those in power ; you must look behind the
_ _. tain which shields from public view domestic
concerns and private sufferings. There is nothing
which people more sludionEly conceal than that
pinching poverty which compels them to beg
' ity of others. I have known families, who,

other

isforlur

nrived of a regular supply of the

life from the isbor and industry of ^im on whom
they depend for support, who have almost perish-
ed with want, rather than go to the poor-house,
oT submit to be suppotled by the town ; and for
whose relief tbe most secret and delicate modes
of bestowing charity have been resorted to.

To convince the Senate that the sufferings of
our people are real and not Imaginary, I will stale
one piece of information from New Haven, an
which may be placed the fullest reliance. During
the present inclement season, hundreds of appli-
cants for admittance into the poor-house nave
been denied. In ordinary times the poor-house
would accommodate three times the number in
it. Always, until now. it has been more than
sufficient to accommodate all that were under the
necessity of going to it. In addition to the pro-
vision made by the town, and the various chari-
table societies, resort has been had to the raising
of money by subscriplioiu, to purchase wood and
provisions, to prevent people from perishing with
cold and hunger; a point of suffering this to
which wt were never reduced under all the pres-
sure of the Revolutionary war; ihouKh in that
time onr little town suffered much, and was uoce
sacked and plundered by the British army. Thi*^
for the moment, was distressing, hut the usual
occupations of its inhabilaats, a sure source (or
tbe supply ot their wants, not aeing taken awaf,
they were soon able to procute for themselves the
necessaries end many of the comforts of life. Sir,
it is no pleostint spectacle to behold a flourishing
little town, where, though wealth did not abound,
a eompetency,derived from honest industry, made
every man happy, reduced to such distress, and
that, too, by the measures of their own Ooveru-
ment. These sufferings are not confined to New
Haven, they pervade all our commercial towns.
1 have seen very affecting descriptions of them
from other places — descriptions which must touch
the tender feelings of every heart not rendered
callous by party spirit. From the patriotic city
of Baltimore, where the embargo has been appro-
bated, we have tbe following information, being
an extract from the communication of the Mayor
to the City Council;

"The gentleman appointed to diitiibnte the fliuda,
have, with leal and indosti? tmty commendable, in
every instance, in person, vidted the funiliei applying
fi>r nliaf, and eitendsd the hand of charity to them, is

jjGoogle

fflSTORT OP CONGRESS.

FeeeoABT, 1

Non-hUercwrae.

pr^oitHHi tD their seTenl neccsiitici, and the midm
coUecud. In joar wisdom and huraanit;,! conGdent-
Ij itpoae fai fuithar relief) aa the report! or the gen-
llcDieii ■ppointed to viBit'ttieiD are ttulj distieuing to
llw lealin^ of hamaiiit?, both aa to their namben and
tbeii neceuitie*."
Id this same paper, I fiod ibe following ac-

"The Marine Societj aS Philadelphia have iliicoT-
oed upward of one thousand objeeta of charitj, who,
from a Blale of comfort, have been reduced to the low-
eat abTia (^ povertj."

I shall DOI take up the tiniR of the Senate ia
aoticioit other official accounts of auSeriug equal-
ly ditireasing. It will be doubljr afflictive to the
people to God our GaTernmeat obstinalel]' b^nt on
meainrei which have produced ao much iodivid-
aal diairess, after they are acknowledged to Iiave
failed to produce the desired effect on foreign na-
lions. This will seem to be more ihun trifling
with their sufleringa ; and I will Qot be answera-
ble for the consequences. For my pari, I beliere
the poioi ofaufferiDg is as great as can be endur-
ed ; and may I doi be permitted Id ask the ques-
tion, whether much more ougbC lo be endured 1

1 sm not one of ibose who adTocate the doc-
trine of passive obedience and non-resislance; or
that oppression, even from our ownQovernment,
is not to be resisted. I do believe that il is not
onlf justifiable, but a paramount duty to resist,
trbeoever the oppreMioo becomes intolerable, or
nncoaatitntional meaiares, which rtrike at the
fouodatioD of cItII liberty, are attempted to be
enforced. This doctrine is not new, sir, it is the
doctrine which our ancestors brought with them
(o New England, and have handed down to us as
Dtir most precious birthright; an invaluable iu-
beritaoce to freemen, which I hope neither we
nor oar children will ever beinduced to surrender.
To show that the doctrines which I have ad-
vanced, and the opinions 1 entertain, are not pe-
enliar to New England, I will take the liberty of
reading what was said by Earl Chaibam, one of
the greatest statesmen England ever knew, when
oppressive and uQconditutional measures were, by
an administratioD of that country, a Ilenipted to
be enforced. And, surely, genilemen will not say
the Conttilaiion and Gorernment of England la
more friendly to liberty, and the free expression
of opinion, than the CoDstilution and Govern-
ment of Ibe United States. Parliamentary De-
bates, volume 29, page 50 :

" H; Lojds, J need not look abroad for grievances.
The grand capital mischief is fixed st homo. It cor-
rupts the very foundation of our political existence, and
preys upon the vitals of the State — the conitilution
baa been grossly violated — the constitution at this mo-
ment stands tiolated. Until that wonnd be healed,
until the grlavance i* redreued, it is vain to recom-
mend anion to Parliament — in vain to promota oon-
oord among the people. If we mean serioualy to unite
the nation within itself, we must convince them that
their corDptaiots are regarded, and that theii injaries
ihaJI be vedreaaed. On that foundation, I would take
the lead in recommending peace snd liarDiany to the
people. Od any otlier, I would never wish lo see them

torever ! t know to what point this Joctrine and thia
language will appear directed. But I feel Ihe principle of
an Englishman ; and I utter them without apprehension
01 reserve. Thecrisii is indeed alarming : Somuchthe
more does it require a prudent relaxation on the part
of Government. If the King's leTTants wilt not permit
a Goiulitutional qaestion to be decided on, according
lo the forms, and on the principles of the constitution,
it must then be decided in soma other manner ; and
rather than it sho^ild be given up^ rather than the na-
tion should surrender their birthright lo a despotic Uin-
ister, I hope, my Lords, old ss I am, I shall SM the
question brought to iaaue, and fairly triad between the
people and the Government- My Lords, this is not the
iangnage of faction ; let it be tried by that criterion, by
which alone we can distinguish what is bctioua, &om
what ia not— by the principles of the English constitu-
tion. I have been bred up in these principles! and
know that, when the liberty of the subject is invaded,
and all redress is denied biin, resistance is justified."

When the Parliament of England were at-
tempting to enforce these unjoal and oppressive
measures on the Colonies, which caused resist-
ance, and termiaaled in our Revolution and in-
dependence, Lord Chatham, this friend of civil
liberly, said in tbe Hoase of Lords, "I rejoice
thai the Colonies have resisted."

An objection arises to this measure of non-im-
porialion and non-intercours^ from tbe circum-
stance of the stroDg resemblance it bears lo that -
system of warfare which the nations of continen-
tal Europe have, under the auspicesof Bonaparlo,
been induced to wage against England. Was
not thai a non-intercourse, and a non-importation
of all articles the growth or manufacture of ibe
British dominions? Will not this circumsiaoce
alarm the minds of the people? It may be said
this measure, upon the face of il, purports to be
against both belligerents, and is therefore impai-
lial. Was not that lhe.caae also wiib the embar-
go 1 And has not that been found lo be a meaa-
ure in perfect unison with tbe wishes, feeliogs.and
views of Bonaparte'? It ia in vain to deny il, he
has been loo explicit in his declarations on that
subject to leare a doubt. Nay, sir, what he has
said, taken in connexion with cuher known facie,
has gone far to excite, in the minds of the people,
ID one portion of tbe Union, a suspicion, and I
should be incorrect if 1 should say more than bo>-

ScioD, that there was lome secret understaoding.
eie let me remark ihat, I do not mean to accuse
the Administration of anything iQconsisient wiih
our rights as an independeDl nation ; for as such
we have a right not only toco-operate but to form
an alliance with France. If our AdmipisiratioD
believed, as I know many do believe, that it would
be a wise policy, should we not have cause ic fear
they would adopt that course? It is because I
believe such a policy would be unwise, would be
rainous to the naiioo, that I wish to avoid every-
thing tbat looks thai way.

I have said that wbat the Emperor of Prance,
or, which is the same thing, what bis confidential
Minbters have uid, taken id connexiao with other

.yGoogIc

HISTORY OF CONGEESS.

432

Kon-btttrcounie.

Febboaby. 1800.

maltera known to us, has excited nuepicion, that
tbrre was an unJentanditig bplween our Admin-
islratioD and France in relation lo the einborga.
I will now enomerate sdoif of itie circumatuoces.
During the last session of Confess, letters were
r«ceived from the Continent of Europe, bringing
informHtion, from a respesiable source, that oa '
the sailing of tlie Uailetl Staler' armed ipbooner
Revenge, from France, with Doctor BuTlus. and
despatclies, our Mioiater tberc wrote to Holland,
communicaiing inforinalion ihet ibe arrival of
the RevcDse in the United Slates would be im-
mediately followed, by a general embargo, and
urging llie merchants to haiten the departure of
(beii vessels, under an apprehension, as I suppose,
that the embargo might induce a declaration of
war on the part of Great Britain. This intelli-

fenee, 1 am credibly informed, has beea confirmed
y a person not long since in thia city, who slates
that he was io Holland at the time, nnd was wril
acquainted with the fad, TJic Revenue arrived,
and the ever memorable embargo was laid. The

Sueslion is asked, and I am not able to answer it,
ow WIS it known in France, unleH there had
been some previous communication end under-
•landrng on that subject, that such an embargo
would be laid, at a time when such a thing was
not sDspeeted by the people of the United States 1
That the Emperor eipeclcrt a policy of the na-
ture of the embargo to he adopted in ibe United
States, is manifest from another circumstance.
After the embargo began to operate on the inhab-
itants of Onadaloupe, to induce them to be patient
under their sufienng?, the three chief officers
there, members of Bonaparte's Legion of Honor,
issued their proclamation on the 21st of March,
1808, in the name of the Emperor of the French,
in which, referring to our embargo, they say.

"That the rigor of these meuures is a new proof of
the faithfulnew of thu Power (the United SUles) lo
its fornier friendship with the French empire; of its
•ttachoient to the genarol interestj of Europe, which
•re likewise its own, as one of the great means of so-
celenting • matititns jmscb, by the impossibility which
it praienta to the eommon enemj Of the means to con-

This proelamatioD must have been issued in
consequence of orders and instructions from the
Emperor; for his officers do not act in bis name
witliout orders ; and those orders must have been
issued in consequence of his previous knowledge
that an embargo was to be laid; because there
was not time, after the embargo act arrived in
France, for such orders to hat« reached Guada-
loupe before the issuing of tbi^ proclamation.
Another circumstance, which made someirapres-
■ioUj was the unceasing effort, during the last
session of Congress, to convert the embargo into
« non-intercourse. Expecting, no doubt, tbai, by
enttingoffall remittanced, by tnnd as well as by
lea, the merchants would cease to send out their
goods. If this bill passes, we shall have adopted
the very measures which have been required by
the French Emperor of other neutral nations, and
it will be considered as furnishing irresistible evi-
dence 10 confirm I bote existing suspicions.

There are other circumstaoees which have ex-
cited alarm. I must speak out— limes have be-
came too serious to conceal anything ; for I con-
.>'idt'i' the vote which is about to be given, on tbii
bill, as deciding the all important question of
peace or war. When an opinion .'eemed to pre-
vail, a little time since, that it would be necessary
to repeal the embargo, those who are consideretl
lost confidential organs of theAdminis-
alrenuously urged the first of June for
the time of tli.e repeal. And why t Not ecr-
lainly on account of any advantage it could be lo
the people of the United States to Dostpone the
repeal to that lime. The real cause why the 1st
of June was fixed on, is not for roe to say ; but 1
can tell you what ks suspected by some of the
people to be the reason ; it is, that there may be
time for the despatch vessel to go to France aud
return; so that some arrangement may be made
as lo t substitute for the embargo, ihat the Em-
peror may not take umbrage at the repeal. These
suspicions are much increased by a report which
it in circulation, for the truth of which, boivefer,
I cannot vouch, that the Private Secretary of the
President is to he the bearer of the despatches.
It can hardly be supposed that this coDbdential
agent of the President should be sent on the mere
errand of a post-boy. People fear some private
agency, some secret negotiation, which may ulti-
mate 10 linking the destinies of our country to
those of France. An idea which is terrifying to
them ; for, as it regards our liberties and our free
t, the embrace of France would be
E reit
n the

the grasp of death. Bonaparte will
"ified to see the people of any —

a

:r

enjoyment of liberty. The name of a free Re-
public is a livins reproach to him. Other que»-
tioDs are asked, which I am not able to mnsw«r :
such as, why the next session of Congress is fixed
OD the fourth Monday of May? Whether it )•
time for the despatch vessel to go and
Whether the plan of ^oing to war wtlb
both the belligerents was not with "n UDderstaod-
ing with one nation that it was lo be merely a
nominal war? And whether, in any other point
of view, the idea of going to war with two «uch
powerful belligerents, at the sama time, was not
too ridiculous to be seriously entertained for a
moment? On the last point, I have iufornuition
perfectly satisfactory to my mind, that such a war
would not he objected to on the part of France.

Sir, the bill before you is war. It is to suspend
all inierCDurse, to put an end to all the relations
of amity. What is that but war? war of the
worst kind — war under the disguise of non-inter-
course, which is only a milder mode of declaring
it. If we must have war, let it be an open war.
Let eenltemen come forward with a bold and
manfy front and declare war ; vid pot attempt, in
this covert manner, to decoy and deceive the p«o-
ple into war, I honor the open conduct of the
gentleman from Virginia: be has not hesitated
to declare that his sentiments and wishes are for
war. If 1 entertained the same opinion of the
conduct of our Administration, and of foreiga
naltonsj as be has declared, 1 would join bita

.yGoogIc

HISTORY OF CONGRESS.

434

FebbuRT, ISOS.

Nim-lKlercourte.

Seiuti .

hnit iBil haad for a decliraiJOD of war. Bui,
tir. (hepoliev ofourcouDlrj^ is pacific, as I hope
iltlvajs will be. Thenniion will not coDsrnt
lofoiowar UDiil all bonorable and fait meanii
liarebeen atlentpied to selUe difierences by ne-
golisliao — I neftoljatioa eonducied io a manner
ibii shall evince ibe most perfect sioccrityand
juitice. Ad AdmioistTaiiop tbat Ehoultl coni-
mence a war, againEt public sentinient, wuuld
usume an awful retpontibjlity, and bring on
(betnselve.i and their eouolry inGvilable disgrace.
Eren ihemooarchy of Bngland cannot suaiain a
var ifaat is unpopular.

The|eotIemaii from Virginia has, in paiiietic
stisios, invited us ; bn has in emphatic laaguage
called upon all patties to uniie in supporiiog the
cause of oar country. In the cause of our coun-
try we will unite. The American people will all
nnile ia supporting our nation's independence,
and in the support of our rights. In no portion
ofliiii Uiiion will the people be mara united, or
more obedient to such a call than in New Eng-
land- They will not . surrender, but with iheir
tilts, either to foreign domiDBlioD. or donieiitic
dapali^m, their unalienable privilege of freemen,
iheir birthright.

Bat, sir, there is a manifest difference between
icall to support our country's cause — and a call
m support the measure* of an Administratiou.
The former is peremptory and irresistible. But
tbe latter is Qol enlitleil to the like support, un-
Ins its measures are founded ia justice, wisdom.
ud sound policy. The people of New England
hiTesufficientdiscernment to distinguish between
the Conslilution of the United Stales and the
AdmiDistratioo — between their country and the
Administration of its Oovernmenl. They can-
not be induced to sacrifice their best inleresls to
■DppoTl the failing projects of an Administration
whose political cbaracler and influence, and not
theboaor and interest of the country, are at stake
on ibe measures now proposed to he enforced.

An Administration to be josi must be sinceri
■ad impartial, both toward foreign nations anL
ontDwn ciiizeDi. Conscious of this truth, thi
lieDileiDan froBi Virginia has declared, in the taos
deciiiie Language, thai the present Adiainisira
lion hart been both sincere and impartial, and
ha* challenged us to adduce proof lo the contrary.
As the gentleman from Delaware (Mr. Batimd)
basiQHbly and so conclusively proved the insin
eerily and partiality of Ibe AdrainistrelioD, asre
pids foreign nations, 1 shall nol take up the timi
of the Senate on tbal point, hut ennfine myself
loa very few remarks npon the insincerity and
partiality which have been practised upon
dvn cjiizeas. May I not ask. whether the i
mencemenl of this Admiotstnlion was not
lin^uisbed by eircamslances which might
eieiie doubia of Executive sincerity? In the
inaugural speech, we were lold :

"M] will bear in mind this saered principle, that
thaagh the will of ths majorit; ia in bII caiaa to pra-
nil,tbat irill to be rightful must be raasonaUc, tbat
Ilxninorit/ pouesa equal rights, which equal law*
oust protect, and to violata woald ba oppreMion. Let

US, than, lellow-ciliienii unile with one heart and one

mind, Ictus restora to K>ciBl intercourae that barmonj
and ■fiedian without which hberty, and eisn life itself
aiB but dreary things. And let us reflect tlial, haring
banished from anr land that religious intolerance
under which mankind so long bled and suffered, wa
hito ;et giinod hut littln, if we couolenance a palili-
cel intoleunce. as despotic, na nicked, end capable of
as biltei and btood; penecution. We have called by
diOerent names brethren of the same principle. VVe
all Republicans—we are all Federalists. Equal
and exact justice to all men, of wbstcTer state or per-
'on, religious or polilteal."

vas so credulous as to believe all this sincere.
nt home, and was active and to earnest to
propagate the same opinion among: the people of
the Siiite to which I belonged. The people were
prepared not only to support the Constitution and
Government of their country, which they will
always do, but such an Admini^^traiion as thef
understood, from the inaugural speech, we were
10 have. A few months only elapsed, however,
before thete was displayed a spirit of intolerance
and party spirit, which filled them with astonish'
ment. Persons, old Revolutionary characiera,
were di-placed, not for want of talents or integ-
rity lo the due execution of their offices, nor for
an^r neglect or infidelity iu the performance of
iheir duty. Whether such removals were merelv
on accouoi of political opinion, or because aucn
men would not le obsequious to the particular
and private views of the Executive, l leave to
others to eiplaio. Though eight years have
elapsed, this political intolerance has nol ceased ;
diiring this very session we have beeo called upon
to sauctioQ appointments lo fill vacancies made
by such removals. Like partiality and injuatiea
have been practised toward ciiizensof the United
States in reeard to appointments to new offices.
I will not lake up the time of the Senate iu enu-
merating cases. The appointmenis of the prea-
ent session are fre^ io the miods of every meiO'
her of this body. Unfortunately, the time haa
never jet arrived, when the only inquiry was lo
be, '' is he booest, ii. he capable, is he faithful to
the Consiirution." Sir, an Administration ibna
conducting ia not entitled to support; and an
Administration thus managing the affairs of a
nation will not ultimately he supported.

I shall next inquire in what has consisted the
wisdom of the Administration as regards their
measures? Those measures which have been
adopted, and are now proposed lobe extended and
enforced, for ihey are linaaof the same chain, and .
as they regard foreign naliooa, are feeble ; and, as
far as the experiment has been made, have proved
wholly inefficient. While at home ihey hare
prostrated a flourishing commerce — destroyed
ooib our revenue and our resources — paralyzed
private eolerprise and honest industry — given
encouragement to fraud, deception, and violence ;
exposing the honest, industrious, unauspecliog
citizen, to become the dupe and the prey of un-

Erincipled speculators — deprived many of out
ill ow •citizens of the means of gaining a auh-
*istenae--«Dd rendered them incapable of conuib-

.yGooglc

435

HISTORY OP CONGRESS.

Non-lntercourie.

436

FERnakRT. 180e.

ntiag an* things to the geofral defence lod secu-
rity of ine nntioD. In the managrement of our
foreign relniions ihere has been such a want of
wistlom as to bring our country (to use the ex-
pression of ibe genlletniiD from Virginia,} "intu

urci is to be persevered in, we shall, in all proba-
bility, be enlaogled in inextricable broils.

Ai to sound policy, as regards the measures of
the present AdmintxtratioD, I have not been able
todi^ern it. The measures now pursuing ap-
pear to me to be the reverse of sound policy. Let
me ask, in what consisis the policy of aiiminisler-
ing anothfr poisODous dose to a patient already
lick aod fainting unJer the embargo? Has not
experience shown us that there is no policy in
non-importation and non-intercourse laws'? Can
it consist with good policy to increase the dis-
conlenta of a people driven almost to desperation,
by attempting to enforce, by the bayonet, acta
which are opposed to the seniimeats, feelings, and
interest of the people f So long as the pvople

Ereserye their liberties, and reserve in their own
ands their arms, can it be prudent ot politic for
an Administration to attempt coercion 4

Mr. President, I will now close ray remnrks
with a concise pro>.pective view. If we pass this
bill, in what situation will the President elect find
onr affairs on the 4ih day of March next, when
he is to take the chair of State ? To the embargo,
and raiious supplementary acts, and the enforc-
ing statute, the unpopularity of which an Admin-
istration of eight years standing, aided by the
personal popularity of the Chief Magistrate could
not sustain, we are about to superadd a non-im-
poriaiioD end a non-intercourse ; measures as in-
capable of execution — not less inefficient in regard
to foreign nations — and. as they respect ourselves,
equally oppressive and injurious, and. if possible,
more odious than the embargo. This bill is co-
vert war, and not only gives to the President of
the United States the power, but seems to lay
him under a necessity of commeDcioe active
war ; which by the Constitution is confided only
lo Congress. By this bill we are about to extend
that threatening policy, which is not likely to
bring about an amicable adjustment of differences,
but IS, as well as other provisions of the .bill, art-
fully calculated to involve our coQotry in war.
No Power having national feelings, or regard to
national character, and possessing the means of
resistance, will submit to snch coercion.

li it conductinj^ candidly toward the President
elect? Is it giving bira a fair opportunity, for
the present Congress to lay him under the neces-
sity of going to war, or of receding in a manner
lo which some laight be disposed to attach the
idea of disgrace ? No, sir, good policy requires
that we now recede from measures found to be
ineffectual or injurioos. There would be mag-
nanimiij' in this. To retract errors becomes a
great mind. We ooghl to repeal the embargo
altogether, and leave the Preiideoi elect free lo
adopt such measures, and lo purstiesuch a coarse
U wisdom, sound policy, and the lessons of expe-
lience may dictate. Id thia siinatioD the Presi- ,

dent elect would have it in hispowei to extricate
us from our present embarrassmeuis, if, fortu-
natety, he should porsess the fortitude and mag-
nanimity (which Biay I not he permitted to hope
will be the case?) lo determine to assume the ele-
vated character of President of the United States,
aod not to become the chief of a party.

If the Adniibistralion which is to commence
on (he 4th of March, shall adopt and pursue a
course of measures which shall wear the stamp
of sincerity, justice, wisdom, and sound policy,
both as regards our own citizens nnd foreign na-
tions, ii will have the cordial co-operation and
firm support of the great body of the people; but
if governed by an intoleront spirit of party, a
penecniiug spirit as rei^ards our own citizens, or
a want of sincerity andjuslice toward any foreign
nation, such an AdminisLraiion will not be sup-
ported ; aod, on the experiment, it will be found
that such an Administtatiun cannot go on with
the Government.

The question was now taken on the passage of
the bill, end determined in the affirmative — yeas
21, nays 12, as follows;

Ysjks — Meun. Andenon, Gondii, Franklin, Gail-
Uid, Oila, Gregg, Howlani], Kitchel, Leib, Msthew-
son, Hetp, Milledge, MitchiH, Moors, Pope, Robinson,
I Bmith of Maiyland, Bmith of Naw York, Bmilh of Ten-
neiwe, Thnutoa, and Tiffin.

Nils — Muirs. Bayard, biBwtard.Gilinan, Goodricji,
Hilthouw, Lloyd, Park«i, Pickerins, Reed, Sumter,
Turnor, and White.

So it WHS resolved that this bill pass, and that
the title thereof be, "An act to interdict the com-
mercial intercourse between the United Stales and
Great Britain aod France, and their dependenciea,
and fur other purposes."

February 22.

Mr. Smith, of Maryland, from the commitlee
to whom was referred the bill, entitled "An act
for imposing additional duties upon all goods,
wares, and merchandise, imported from any foi^
eign port or place," reported amendments; which
were read, and ordered to lie for consideration.

The Senate resumed the consideration of the
repoTt of the committee appointed to confer with
the Surveyor of the Public Buildings, relative to
the accommodation of the Senate at the next meet-
ing of Congress, and

Raolved, That the Surveyor of Public Build*
ings do cause to be prepared, for the accommoda-
tion of the Senate at the next session of Congress,
the room called '-TbeLibrary Room,"in themsD-
ner staled in the said Surveyor's report, with aa
liule expense as may consist with the reasonable
comfort of the members, and the convenience of
spectators.

Mr. TiFFiH, from the committee, reported the
bill supplementary lo the act, entitled "An act lo
amend the charter of Georgetown," correctly en-
grossed. The bill was read the third lime, and
the blank in the fourth section was filled with the
word tvelve.

Jiaotved, That this bill pass, and that the li(I«

.yGoogIc

HISTORY OS CONOEESS.

EBROARV, 1

Additional Dutia.

Sbnai

lereof be, "An act sapplemeniary lo the ict, cu-
lled ' An Bct la imend ihe charter of Oeorge-

Mr. Tiffin, ffom the committee, reported the
ill freeinjr Trom postage all letters and packet! lo
'homas Jefferson, correctly engrossed; and the
ill was TERd the third lime.

jReaolved, That this bill pau, and that the title
'iprcof be, ''An act Trreing from postage all
otters and packets to Thomai Jefferson."

Mr. QtLES, from the committee to whom the
ubjecl 'waa ref.'rred on the 14th instant, reported

bill further to amend the several acts for the
Biablistiment and regulalioo of the Treasury,
Var, and Navy Departments; and the bill was
ead, and passed to the second reading.

Thdrbdat, February 23.

Mr. Bradlbt, from the coiDmittee to whom
vas referred the bill making further provision for
he Corpii of En^Deers, reported the bill amended.

The Senate proceeded to coimider iSe amend-
nenls, as in Committee of the Whole, and hav-
Dg agreed thereto, the PsEfiiDENT reported the
liH to (he Hduxc amended ; and on the quesiion,
Shall this bill be engrossed and read a third time
IS amended? i( was determined in the affirma.

On (notion of Mr. Bradley, ic was ordered that
be bill, entitled "Ad act for the relief ofWilliam
(Vhite and others" be the order of Ihe day for
Monday neil-

The bill further to amend (he several acts for
the estabi isbment and regulation of the Treasury,
War, and Navy Deparimenis, was read thesecood

Mr. Wbitb from the committee to whom was
referred the bill, entitled "An act for the relief
of Daniel Co((on," reported the hill without
amendment.

Whole, the cousidexalion of the amendments re-
ported by the select committee to the bill, enti-
tled "An act for imposiag additional duties upon
all goods, wares, aDdinerchandi«e,imported from
any foreign port or place ;" and having agreed
to Ihe report, and (be bill having been fur(her
■meoded, (he Prebideht reported it lo the House
accordingly.

On motion, by Mr. Lloid, the bill was further
ameaded, by inseriitig, after the word " place."
ID the eighth line of the printed bill, " except in
any vessel which cleared out from the United
Slates prior to the 22d of December, 1807, for
any port or place not in Europe or the West In-
dies ;" and on the question, Shall this bill pass
to the third reading as amended? it was de-
termined in the affirmative— Teas SO, navs 9, as
follows:

YiM — Mesm. Anderson, Condit, CnwlbTd, Frank-
lin, Gailtard, Orcgg, Kowland, Kitdiel, Leib, Mathew-
•OD, Meigs, Milledge, Mitdiill, Moore, Smith of Maiy-
land, 8mith of New York, Smith of TennemoB, Bam-
ter, Tbniston, and Tuner.

Niva — Heuri. Bayard, Bradley, Oilman, Hiilhonae,
Llojd, Pukar, Pickering, JRoed, and White.

A message from the House of Represent a tives
informed the Senate that the House have passed
the bill, eaiiiled "An act for the relief of certain
Alabama Indians," wi(h amendmeDts, in which
they request the concurrence of the Senate.

The Senate proceeded to consider the amend-
ments of the House of Representatives to ibe
hill, entitled '-An act for the relief of eeriain
Alabama Indians."

Ordered, That it be referred to Messrs. Mitoh-
iLL, Chawpobd, and Grggo, to consider and re-
port thereon.

Mr. Gbgoq, from the commiitee, reported the
bill making further provision for (he Corps of
Engineers, correctly engrossed.

Pridat, February 24.

Mr. OflEflO, from the commiitee, reported (ha
amendments to (he hill, entitled "An act for im-
posing additional duties upon all goods, wsrea,
and merchandise, imported from any foreiga port
or place," correctly engrossed.

Mr. Tbrdbton, from the committee to whom
was rcfered the petition of a number of French
citizens of the Territory of Michigan, reported a
bill jiroviding for the promulgation of certain
taws in the Territory of Michigan ; and the bill
was read^ and passed to the second reading.

The hill making further provision for the Corps
of fingineers was read the third time, and the
blank in the first section filled with "July."

Seiolved. That this bill pass, and the titla
thereof be " An act making further provision for
the Corps of Engineers."

Mr. Prarelik reported from the committee
appointed on the subject: Whereupon,

Ordered, That the committee to whom wu

referred the petition of Richard Bland Lee ba

discharged from the further consideration thereof.

ADDITIONAL DUTIES.

The bill, entitled "An act for imposing addi-
tional duties upon all goods, wares, and merchan-
dise, imported from any foreign port or place,"
was read the third time as amended.

Mr. Llovd moved (o postpone the further eoo-
sideralion of this bill until (he first Monday Id
June next; and addressed the Chair as follows;

Mr. President : After the observations which I
have before made, sir, on this bill, and the detailed
consideration which was given to it yesterday, I
should not again rise, were the subject not a com-
merciai, and an exceedingly important one; nor
is it now my intention to make more than a few
remarks, and these the Senate will probably think
entitled to more than usual respect, when I in-
form (hem they will principally be, neither my
own, nor wholly accordant with my opinions.

This bill can only be advocated upon tbe
ground that a war is about lo ensue, and that, to
prepare the public treasury (o sustain tbe proseeti-
tioo of such war, this proposed duty is necessary.
My purpose is to cite aoine auihoritiea lo show

.yGoogIc

HISTORY OF CONOEBBS.

440

BaHATI.

Additiomal JDvtin.

Fmhoabt, 1808.

that neither the one nor the other ia ertbe
peeled or neeenary; end ihe autborities I ahall
adduce lo prove ihji, are those to which the Sen-
ate ji accusiomed to pay the highest retpeci.

The first ii from Mr. Gallalin'.! report lo Con-
greM in Narember, 1B07, in which he say*—

"A maritiDie war will, in the United Slates, grtner-
ally and deeply afiect, nhilat it coalinuea, the reiaurcei
of individmla; aa not only eommereial proGti will be
curtailed, but, principajly, beeauie a greit pottion of
Ihe aurplui or Bgricultoral produca neceasarily raquim
a foreign market. The reduced price or tba principal
articles exported from the United Statei will opente
more heavily than any contemplated tax. And, with-
out inquiring nhether a aimllar cauae may not atill
more deeply and permanently effect a nation at wai
with the Iloited Blatei, it leeDii to follow that, so tki
M relates to America, the !oss« and privations cauaed
by the war should not be aggravated by taxes beyond
what ia strictly necessary. An addition to the debt ii
doubtless an evilj but experience having now shown
with what rapid progrex the revenue of the Union
jncreases in time of peace; with what facility the debt
formerly contracted has, in a few yean, been reduced;
a hope may confidently bo entertained that all tbe otils
of the war will be temporary, and easily repaired; and
that the return of peace will, wiUiout any eflbrt, afford
ample reaourcea for reimbursing whatever may have
been borrowed during the war.

"The credit oflbe United Ststeais also unimpaiicd,
nther at home or abroad ; and it is believed that loan*
10 a reasonable amount may be obtained on eligible

And the aame gentletnao, (Mr. Gallatio,} in
bis report to Copgrees the present session, further
remarks —

"The expenditnna for the year 1809 oaght not to
exceed the sum of thirteen mitliona of doUara, which,
•a has been stated, ia requisite for the aupport of the
present establishment ; and this would leave, for the
service of tbe year 1610, a surplus of three millitMU of
dollars, which, together with the proposed loan of five
vulliotis of dollars, would be sufficient to defray the
Peace Establishment, and to pay the interest on the
public debt during that year; thus two yeara more
would be provided for, without either increasing the
public debt or laying any new taxes. It is certainly
oikly with a view to war, either immediate or contem-
plated, Ibut i( will become necessary to resort, at least
to any considerable extent, to extraordinary sources of
•apply."

Now, sir, ■$ there is no doubt but a new duty
is a Dew tax, it is appnreul from these obsarva-
lioaa of Mr. Oalktin, that if revenue is wanted,
loana, and not laxea, ought to be resorted to, and
that of course this new duty or tax ought not to
be imposed, as the opiniou expressed by the Sec-
retary no doubt is correct, ihautbe present "re-
' duced price of the principal articles of the Uni-
' ted States, already operate more heavily upon
' the citizens, than any contemplated tax that
' OOgbl to be assessed, and that the losses and
< privations caused by war should not be aggrava-
' ted bevond what is strictly necessary," aod more
•specially should this not be done, when war as
yet nuijr be uncettaia. and whea it also appears
that withool a war, (be Secretary, accotdiag to

bis own itatemeDt, baa reaourcea esoagh, wilboat
new dniies or laxes, to carry tbe United SiatM
forward two yean, to the end of 1810.

The next authoricy I shall adduce, isjMe thai will
not be contested in this House; it ia the hif^heal
in Ihe nation. The PresidenI of the United States^
in his Message to Congress at the commeneeaieDl
of ihe present session, after staling that the receipia
amounted to near eighteen millions of dollars.and
also remarking on the partial extinclion of tb«
public debt makes the following ohservatioDS and
inquiries: ''The probable accumulation of the
' surpluses of revenue beyond what can be applied
' to the payment of the public debt, merita the
' coniideratiun of Congress. Shall it lie unpro-
' duetive in ihe public vaultsi Shall the revenue
' be reduced? Or shall it not rather be appropri-
' aled 10 the improvement of roads, canals, rivers,
' education, and other great foundations of ptas-
' periiy and union 1

Sir, as no new decrees, or Orders in Council,
have taken place sinee the delivery of bis Message
no very Aalerial change in our fureiga relaliona
can have occurred. I know that an aceomiBodft-
lion with Great Britain at the commencement of
the sFBsion was not expected by the President of
the United Staiet; he, therelure, cannot now ex-
pect war more than then ; nor could be ask ytxi
whether the surpluses of revenue should "lie un-
productive in tbe public vaults?" or whether "the
revenue should be reduced?" if he had the least
idea of a necessity to raise the dutieaon imported
^bandise SO per cent, on the present rates, —
;h in some instances is equal lo 50 per cent.,
also, on the first cost of the articles— aod this, too,
so sherily after he made these inquiries. It ia
clear, therefore, the President could not reeoia-
mend the assessment of these duties; and if you
pass [he bill, he very possibly may refuse to sign it
The last authority I shall bring forward i« ihel
of an honorable Senator from Maryland, now ia
hit place, (Mr. S. Smith,) to whose opinions on
nerce artd finance, his friends in this count rr
lispoied to pay much respect. In his speeoa
ered in favor of Ihe embargo, which is print-
ed, be Slid, in answer to tbe gentleman from Dei-

We are told that we shall not have a dollar in the
Treasury at the meeting of Congreas. We were told
tbe same itoiy last year, and thoBaands of hand bill*
had bean distributed through the Union saaertiBy that
fset; yet.sir,irtien we met, we fonnd fourteen milliona
of doUars in the Treasury — inejimnd our reeeipia asone
than ID imyprtuiing ytar. 'Hie gentleman ts alaJm-
ed lest the prsHnl party in power ahall be praatralod,
aa be thinks that waa to which he belonged, 1^ the
aiqr oflajingadiiecttax. He ia taistaken ; th^
diamissed, because that, lAe tax after lax, dutg
on duty, that were laid by them, were diaaipated, the
people knew not bow; and because the people thou^tt
their system would lead the nation imperceptibly t»

The gentleman from Maryland proceeds to
(how the diminution of the public debt by as
arerageof five milliona of dollars a year, and (hea
siatei that,—

.yGoogIc

mSTOBT OF CONGRESS.

442

PsBioin', 1809.

Additional Dvtita.

ScRATB.

"Boidn having paid off thirtj-thrM million* of dol-
linnflifjniblicdcbt, we hue relieved odtmItm lher»-
tf 6ea th< pijmcnt of an aoDiial interest of two mil-
liMU af dDllii*. Tboo itmis, miking together MTen
wllini of dollara, vrill opcrmt*. in effect, for any pui^
pBci now required, at bo much received. But we
laie cillicr reeourcc*. The law of the lut
ibofiiedtba atticlea of augar, coffee, tea, pepper, and
nmin wiaei, to be depoailed in the public etorea until
nntrd for exportatioD, Those articLei will now be
rtquuid for coniumption, and, prcauming that ai much
lltRTDf will be coruumed aa in former jeaia, we inaj
fcirlj count on the following dutiea being collected, to
ail: on lugar, &c., including pnbtic landa, $4,668,000.
NoiiilhiialL It is a well known bet, which will not
be cDDlruUcted by the gentleman from MaiucbuMlta,
thai Hit importatione from India and China haTe, in
Ifae preKSt jear, been equal to that of any preceding
;car; nu hu the importalioD of dry goode from Eng-
liud daring the preacnt year been n much len than
bmti jean, aa mBterially Co afiect the revenue. On
tliB whole. Mi. Prnidcnt, I believe that the receipta tor
tlie jear 1809 may with aafely be calculated on aa at
leail Iwelve millioiu of dollara, /rom which, nothing
being payable towarda the principal of the public debt,
•n may count the actual aupply to the Treaiiuy aa
tquil Id any preceding yeac.

"Let oi take a view of the coitomary eipenaea of
lie Government fiir the year 1809. Civil Liit, Ac,
mdniiing one million of doitara for new tegimenia,
18,675,000. If the gentleman from Delaware will not
i^il any other of mj calculationa, be will certainly
•duil that, if wo have fourteen milliona now in the
Tnamiry, at the next meeting of Congreaa, (in the
viilerMBaion,) and in eaae of war.if the people con-
ntu ti much aa oaoal, wayi and mean* will he found
winliodttce the arliclea on which the dutisa havehero-
' :e been eollectad."

Now,

Dof

received with so moch respect here, that whether
^ere is peace, war, or embargo, our resources are
fet abundant to carry \k dd, at least until the
neiiwJDler, and as we are to meet again in tbree
mmliB, it foitows, that the present undigested
project mii St be worse tlian useless.

To all this niasi of evidence and aothoritr
igaintt both th« necessitr aod poticv of layiug
ihii duif. 1 hare only lo add a few oWiTBtions
to show that it will, in ila operatiDO, be both UD-
eqailand UDJuat.

It is well koDiva that pennanenl dnliea, except
Ml 'lieirGrai i id post [ion, are paid by the cooaumer;
bat wfaeDerer duties are to be of short duration,
u ]□ the present iDslanee, or uoti) tbe slocka of
Diercbandise prior to the assessment of the duty
ire lun oR] the price does not rise in ratio with
llicduiy, and that, of consequence, the whole, or
part of the duty, is thu< much of loss to Ibe mer-
cbaDi, This, m a <]ef;ree, caanot be avoided, nor
It it even a subject of complaint, where due no-
'iee has been given of the ioleniioD tu lay ibe
duly; but if it be imposed without aoiice, or giv-
ing lime for preparation, tbea the inlerest of the
oierebant is luterificed.

The busis of all coramerce is calculation ; what
ttlcolation can be found for distant eDIerprisei
■ben the daik are perpetually ahit'tiDgl If a

mercbant reals on (he siabitity of the laws of the
Government, and sends away his vessel, and un
her return finds a new duty of 50 per cent, im-
posed, which, for the circumglanee of it, the con-
sQmer does not pay, his whole calculatioDS are
defrated, and be pockets a loss instead of a profit

Commerce is very probably as well anderstood
in England as anywhere. Id that country new
duties on imporis are imposed with great cauiioo \
whenever eonlemplaied, (he subject is generally
a long time under consideration, sometimes bang'
ing over frorn one session to another. The Min-
isiry make it a point frequently to consult coni'
mitiees of merchants fiom most of tbe priocipal
Heaports in tbe kingdom. Tbe result is, the sub-
ject is well considered ; and, when tbe duties ar«
imposed, they are submitted lo with cordiality
and cheerfulness. Mr. Pitt, ia the latter part of
his life, always adopted this mode. He did not
ibinkii coodescension to consult merchants on
subjects with which they were better acquaioted
than himself. In the early part of his admim's-
trstion, I have understood, he rashly imposed
pome additional and heavy duties do imported
merchandise; the consequence was, the revenne
diminished, and smuggling incrcaE^ed. With his
characteristic vigor he determined to stop it, and
lined the const with luggers, revenue cutters, and
frigates; still the revenue did not increase. Hs
:onsulled the merchants — they told him tbe arli*
lies were taxed beyond their bearing ; he man-
fully retraced his steps, and took off the additional
duty — and immediately smuggling did not pay
its cost — hia luggers, cutters, and frigates, became
useless, and ilie revenue advanced to its ancient
itandard. This is one among many memorable
s that might be adduced to show that an
augmentation of duties is very far from
producini! an iocrease of revenue.

There is another view of the subject on which
I shall say a few words. This new duly will
operate as a bounty to monopolizers, forestallers,
and speculators. Genilemen are not aware of lbs
avidity with which mercantile men have regarded
the proceediogs of this session. I am tola that,
within half an hour after the queition was taken,
about n fortnight since, in the other House, ten
expresses started for different parts of the United
States. It is notorious that English and West
India goods, and most articles of foreign mercban-
ihe United Siales, have been boii^hl up
by speculators; it is now in the hands ota few
persons; by passing this law, -you discourage new
importations, and enable the present holders to
grind the poor, by extorting high prices for the
■tides they hold, from n want of competition In
le market. Prom all these views of the subject,
and from the sentimenis I have quoted from the
President, Mr. aallalio, and General Smith, it ia
apparent that ihismeasore ia unwise, unnecessary,
and impolitic.

' m unwilling, sir, lo lake up tbe time of the
te; but, however unavailing may be the ef-
forts of my friends and myself, I wish to have it
recorded that I wai neither ignorant of the rwy

.yGoogle

443

HISTORT OP CONOEESS.

Sbnate.

jRemotulrtuKie of Mu$a^u»ett».

Fbbboakt, 1800.

injnrioQs operalion ofthi* bill upon my
enls, DOr UowJllinff to endeavor la prevent it. I
iberefore ask the indulgeoce of the Senate, that
the ajes and noes may be taken when this ques-
tion II decided.

And on the question, it was determined in the
negatire — yeas 10, nays 19, as follows:

Tkb— MeniB. Bayard, Bradley, Gltman, HilthooHi,
Lloyd, Milchill, Parker, Pickarins, Raed, and White.

Natb — Meaan. Andenon, Candil, Crawford, Frank-
lin, Oaillard, Gregg, Huwland, Kitchal, Leib, Meigi,
MUledgfl, Moora, Pope, Smith of Maryland, Smith of
New York, Smith of Tenneiaee, Sumter, Thnwton,
and Turner.

On motion, by Mr. Smith, of Maryland, the
Turlher eonaideraiioD of the bill waa poatpooed
Monday next.

S^TDRnAY, February 25.

Mr. Smith, of Maryland, presented a memorial
ligned by twelve hundred and ibut citizens of
Frederick county, and State of Maryland, pledg-
ing "their lives, fortunei, and sacred honor," I
support the consiituted authorities against foi
eiga and domestic violence ; and the memorial
was read ; and, on request of Mr. Shith,
drawn for the purpose of communicating it to the
House of Representatives.

The bill providing for the promulgation of ■
tain laws io the Territory of Michigau, was read
the second time, and postponed until Monday
neit.

The following Message was received from the
President of tre United States :
To the Senate and Home of

Repreeeniativet of tie United Statti;

I now lajr before ConBieia a etitament or the militia
of the United Statee, according to the Isat returns lo-
ceiTcd by the Department of W«r.

TH. JBFFEH80N.

FiBBuiBi 36, leOB.
' The Message and document* were read, and
ordered to lie for consideration.

The Senate resumed, as in Committee of the
Whole, the bill further to amend the several acts
for the establishment and regulation of the Trea-
sury, War, and Navy Deparlmenis; and, after
progress, on motion, by Mr. Giles, the consid-
eration of the bill was postponed until Monday
next.

Mr. Giles submitted a communication from
the Secretary of the ^avy in relation to this
bill ; and it was agreed that it be printed for the
use of the Senate.

Mr. MiTCfiiLL, from the committee lo whom
were referred the ameodments of the House of
Representatives to the bill, entitled "Au act for
the relief of certain Alabama Indians," made re-
port: Whereupon,

Reaohed, Tnat the Senate do concur in (he
said amendments.

Rttohed, That a committee of three members af the
Senala be i^p^ted, who, with tbrae memben of the ,

prialed by (he " Act making a liirther appropriation fbr
the support of a library," paaaed Slat February, 1806;
and that the Becretarr give ialonBatUHi thsraof to tha
Home of Repreaentatlveii.

The bill, entitled "An act for the relief ofDaa-
iel Cotton," was read the third time, and pasted.

MoNDAT, February 97.

The Senate resumed, as in Committee of the
Whole, ibe bill, entitled "An act for the relief ot
William White and others."

Ordered, That it be recommitted to Mesan.
Pope, GaEao, Bhadlet, Mitobili., and Amdm-
BOH, farther to consider and report thereon.

On Doiioo, by Mr. Giles,

Ordered, That the bill farther to amend th«
several acta for the establishment and regulation
of [he Treasury, War. and Navy Deparlmenis, be
postponed until to-morrow.

The Senate resumed the third readlni; of the
bill, entitled "An act for imposing additional du-
ties upon all goods, wares, and merchandise, im-
porled from onv foreign port or place,"

Ordered, That the consideration ihereof be
postponed until Thursday next.

The Senate resumed the coasideration of the
motion made □□ the 25lli instant : and,

RetotVed, That a committee of three members
of the Senate be appoinied, who, with three mem-
bers of the House of Representatives, to be ap-
pointed by the said House, shall have the appli-
caiion of the money appropriated by the "Act
making a further appropriation for the support of
a library," passed 21st of February, 1806 ; and
that [he Secretary give information thereof lo
the Hou>e of Representatives,

Ordered, That Messrs. Giles, Tbrit9toiv, and
QaEoa. be the committee on the part of the

REMONSTRANCB OP MASSACHUSETTS.

Mr. Llovd, in behalf of the Senators from Ma»-
sacbusetts, presented a memorial and remon-
strance from the Legislature of the Stale of Maa-
sachusetts, against certain acts of the QeneraL
Government, and also expressing the opinion of
that Legislature in relation lo certain mcaiurea
presumed by them to be contemplated by the
Government of the United Stales; which was
received and read, as follows :
7b Ihe Honorabk the Senate andHouuoftlepretenta-

lieet of tht United State*, the memorial arid reiaon-

ilrance of the Legitiature of MattadnuclU.

When the Government of a free people is felt to be
oppressive on the community; nhpn its meainros ap-
pear to originate in imperfect conceptions of the interest
of the whole, or inattention to the important concenu
if any contideraUe portion ; a decent respect for tha
ofanions of their fellow-eitiiene, and a just senae of theit
own rights, require of that part ot the society whid)
feels oppressed or alumed, a prompt and expliejt do-
claration of their opinions. Snch a course of proceed-
ing, bj prodadng earij and frequent public <?'~ ~
is calcnlatad to anpport all anch s

.yGoogIc

445

HISTORY OF CONGRESS.

FlIIDlRT, 1800.

Remomlatiet of Matac&M^tt.

Sbnjltb.

tai cipedi«nt, and on tbe olhrr hwid it InmiabM >
■CHmiUe appOTtonity In the GoTernmcnl to absDiloil
■)l igcb u are found to be impncticabte i>i iDJuiioua :
it n ctkalated mt onca to aileiiea lbs mucmun oftha
[■aplB if tfaey an unlbuaded, and to iBtnOTe all their
jut ciiues of compiaiuL

The citixena of Muwehiuetti are finD md loaloiu
in the linilicKtion of their righta; but their bibiti and
their piinciplea equall; forbid a reaorl to nolant, dit-
sidiilir, OT uncofHtitutionai maaiu for that purpoie.
Thcj inAilge a pnde in the beliaf, that tbe Coiutitii-
tiaiM of GoTcmmenl, aoder which thsj lite, are ea
ftuned, MM to aflord a peaceable remedj for eier; grieV'
■nee to which the; ma; be >nb)ected. Tfaej bare bc-
cordinglj, bj pelitiom from tariQui parti of the Stata,
ejptMtd to the Prendentof the United Stale* their
■eulimcDb on the oppreenve operation and deilrucliTe
tendency of the emlwigci laid on their ehipe and Tesoela
in December, IB07. Thie Legislature, alio, in the
bihb iiHiit, hare heretorore endeavored, through theii
Sanitora and Repreaentatiiee, to communioate to the
GDrerninent of the United State*, their opinione and
liewe of the ayitem of polie; Utel; adopted and pui-
•sed by die Adminiitration. They bare aeen with ro'
gitt that tbeee peaceable and reipectful eSbrti have
Ml prodgced any relaiapon of tbe rigoroae meanire*
cnp|riaiDed of; but that, on the cantraiy, it ha> been
IJUMight proper to enforce the embargo, by a late act,
nceedin^ in aeverity all tbat preceded it — an act which,
if continued in operation, will, aa we apprehend, not
loty complete the deitiuction of the comrAiicial pioi-
ptiity, but proTe highly dangerooe to the public liberty
ud domestic pAiice of thii people. This Legislature
luie alao felt the most seTiooi Blami fiom perceiving
tke otber meaeuree lately proposed and contemplated
ia thti Congreia of the United Statea. At this awful
ud momentoiu crisis, we ought not to aSect ignorance
of ihoM vrants, which, on ordinary occasion^ a sense
ofdecamm might forbid our noticing. It would be a
base dereliction of duly if, at such a moment ii the
[)T(eent, wc should permit a too scrupulous regard lor
mere forms, to prevent out attempting eTerytbing pos-
sible for the secority of our conatituanti, and for the
peaui and happiocB of our comojon country. This
Legislalnre. therefore, with tbe plainneu nnd sincerity
which become the lepresentatiies of a free people, and
with all the reapectwhich is due to the honorable body
irtiich they addmse, da present this their solemn re-
■Bonstrance against the coarse of measnree which is
now oppiwaing this part of the United State*

Commerce haa been one ofthe chief employ menta of
tlie peo[deaf New England, fiom the fiiat settlement
of the country, and their succsM has promoted and
abnndanlJy rewarded the labore of agriculture. This
laller in its torn has extended and encouraged com-
merce, and from the joint operation of these causes,
Kew England, without any great staple, and without
any foliar local adTanuges, has conitantty and rap-
idly increaaed in wealth, prosperity, end power. 1^
howerer, the aJTaatagas of commerce were lest obrioui
tad leas important, yet the habits of the country, so
Img and firmly established, could not be suddenly
dianged, witliout producing consequences the meet dis-
■leasing and destructite. Our husbandmen and ma-
riners cannot, by mn act of Government, be converted
into manu&clarcTB ; nor will our merchants and me-
(baniia ner consent to abandon their dtiet, and retire
from tlM sea ohore, to dear up snd cnltivate the nil-
demca. The hiatory of the world has demonatrated,
Iht enn tba most deapotte Ooranmiriits have hardly

t« of» great peo>

ever aaccoeded in changing the habits ol
pie \ and moat certainly in a free country
attempted with snj prospect (tf success. The meaaurea
adopted by the British Government to interdictor con-
trol our commerce, were among the moat powerfnl
causes ofthe Revolution. Tbe power of CBtabliahing
commerce ia enumerated, in the Declaration of our In-
dependence, among the essential rights of uovereignty i
and in the articles of conlederation, trade, religion, and
the sovereignty of tbe States, are mention^ as the
three principal objacla which that compact waa intended
to protect In the preaent Constitution of the United
Statea, while the Government are entrusted with a
greater and more adequate power for tbe protectioii
and extension of commerM, the caution and jeslousy
ofthe people have impoaed various reetrictions on that
power. The Government are prohibited from impos-
ing any tax or duty whatever an exports, last, in virtua
of that aolborily, they might in any degree embarraaa
tbe eipoitation ofourprodace. The people have mani-
fested a similar diaposition in other article! of the Con-
stitution; and i( at the time of framing and adopting
that inatrumenl, any question had arisen as to the ex-
tent nf the power, or the duty of tbe Government in this
E articular, there can bo no doubt thst a clause would
ave been inserted, most explicitly declsring tbe inter-
eata of commerce to be one of the principal inducements
for forming the Union, and its encouragement and de-
fence to be among the first duties ofthe Government ;
while the right to annihilate or obetruct it would have
been explicitly donied. For a long time after the es-
tablishment of this Government, the fisheries, naviga-
tion, and tradeof tbe country were protected and widely
extended. They fumiahed aJ most the whole revenue of
the United States, and encouraged uniieraal industry.
When, in the year I7S4, the commercial rights of the
nation were assailed by Great Britain, the immortai
Washington, by dignified, fair, and impartial negotia-
tion, procured for his country ample compensation for
East injuries, and security ogainsl futnre aggressions.
n the year 1I9B, our Government, under similar dr-
cumstsnccs, attempted, in the same manner, to obtain
from France indemnity for outrages, and a recognition
of our rights ; and trtien tui negotiation was found to
be fruitless, they did not hesitate immediately to adopt
measures of defence becoming an independent arid
powerful people. The success of these wise and patri-
otic meaaurea, and the universal latiafadion manifeatad
by the people, in their effecta, seemed to have decided
forever the tine policy of the United Statea. But, in
the jear 1609, when our commercial rights wore again
attacked by the saOic nation, which bad but imperfectly
atoned for bee injuries in ITdS, and in a manner more
unvfarranlable, insolent, and outrageous, than before,
the people expected that the Government would have
recourae to the same policy which had formerly been
crowned with such signal success. Instead of prompt
and vigoraua maaaures of defence, they have aeen the
Government retiring from the conflict, and by annihi-
lating their whole foreign commeree, tacitly confiMs
that the; are unwilling or unable to protect it. This
apparent inability or indispoailion to raaist aggression
has fumiahed a pretence to another Prince to retaliate
on hia enemy tbougb our unprotected rights. Thus
the United Btatei are placed in a situation unprece-
dented, it ia believed, in the hiatory ofthe world, being
involved at tbe same moment in serious, controveraies
wUh two most powerful nations, nbo are themielvea at
war with each otber.
The interdictioa of IbrMgn comneKo, for an indaA-

.yGoogIc

HISTORY OP CONGRESS.

SSNATB.

Remoiutranee of MamaekuKtt:

FeRRDAar, 1809l

niu period, bj p«rpBtutl Una, ii joMI.t caiwidand u a
total aDnihilalion of it. Tha peopla of this counli; >.Ta
not accustomed to dau asiong their rigbta aaoh «njoy-
manta and privilegaB ai depsnd on Ihs will or any net
of men whatever ; undenuch circuni»tance>they would
CMae to be the rights of a free people. Yet it ia ohTious,
that the aela laying an embargo bave auapended tbcir
commerciat rigbta, and if lh»e aetii are CoiiBtitutioDal,
theM righti can netei be reilored withouti concarrent
aatofall tfae branchei of the Federal GoTernment. The
BVenA nawpauing at the Beataf QoTernment (trongljr
evemplify the force of ttiia nmark. If one branch of
the Lafulalure ihould be unanimoualj inclined to re-
mo** the embargo, and even if tha other lirancb ahonid
eoncnr, j«t the Freaideal'cf the United Btatea may pra-
vant tha paantig of an act for lueh ■ purpoaa ; and if
afiarwarda only twelve membenoftbe Senate ibould
adopt hia policy, and anite in anpporting bi* mcaauiiu,
tha embargo mu*t reinaia in force. Moat ceitainlylhe
M<^e of thia country never intended to labject to the
diacTetioaary power of thirteen men one of their moat
aaaantial and invaluable li^ta. IF the aiiatence or the
■[^lehenaion of war would justify a temporary embar-
go, the ipirit of the Conititution would demand that it
ahould be imposed for a short and definite period ; so
as to require from timo to lime the same eoneuncnee
of opiaioa to continue it which is now required for ita
remoTal.

In tile act of Congrev, paued on the nintb da; of
January last, for enbrcing the preceding embargo acta,
thia Legislatare see with extreme pain a perseverance
in the ^stem which has proved so injurions to the
country. But they are still morsalirmml from eitmin-
ing sonie of the provinioni of this act, which appear to
them hostile to the dignity and independence of thia
Commonweahh, and subvenive of the civil liberty and
Conititution si rights of its citiieni. They sea there,
the rights of individuals subjected to the arbitrary will
of an Eiecntivo officer, instead of being defined and
secured by standing laws ; secret and vainble instruc-
tions and ordeta of the President entitled to equal re-
spect with the laws of tha land ; an Indefinite and al-
noet noliniited authority given to the officers of the
clutoma, without any warrant from a civil magistrate
to search for, and seixe, the property of the dtiiena;
eieeasive eureties required of men who sre not even
dutrged with any offence, and excessive flnca andpen-
attiea imposed ; indtviduals exposed to losses and pen-
alties, for actions which were lawful at the time of
committing tiiam ; and the benefits of a trial by jaty
in many caaes nrtuilly denied. If any citizen, who is
aggrieved, eboutd apply for redress to the Isns and jn-
dioal courts of the Commonwealth, their proceiaes msy
be impeded, their officers resisted, and Ibeii awlhority
put at definnoe, by the standing artny of the United
States, under the command of any inferior officer em-
powered by the President. Thus, whensver t. petty
officer shall be fbnnd hardy and adventurous enongh to
exercite the authority conferred by this act, the sover-
eignly and independence of the State will be humbled
in the dnsi, or ita Govsmmeni must vindicate by force
its dignity and its honor, and iQiy be eonte^ucntly in-
volved in a civil war.

This Legislature cannot review, without the most
painful emotioni, the measures of the General Govern-
ment which they have here been conaidering. They
cannot, without the most gtaoiny apprehennons, con-
template the probable consequences of a perseverance
in such measures. They arc constrained respectfully,
bat moat unequivocal!;, to declare their conviction, that

the several taws bsfbre referred to, wUcd interdtd lb*
fineign oommeraa of the United Statae, and which luTa
impoeed numerous embarrasaments on the coaatinK
trade, must have origiusled in a misconstruction of the
Federal Conititution; that they are eentrary to the
spirit and intention of that initrument, and are not
warranted by any of the powers therein given by tha
People lo the ConHresi of the United SUtea. In th«
hope of preventing any further evil consaqoenees from
these meainrea, and with the most ardent desire to [»«•
serve inviolate the Constitution of tfaesa Statet/ and to
remove ever; source of diwnntant and jealousy ainoDff
the different mambers of the Union, thia LcgialatnTe do
solemnly remonstrala afainat tfae several acts of Con*
gresB for imposing snd, enforcing the embargo, and do
earnestly request your honorable iMdy to lake Ae sacae
into your moatserioUB cansiderationi and by repeaNng'
them to restore this People to their former enviaUo
stale of freedom, prosperity, and happiness.

It is impoaaible to contemplate tha repeal of the eer-
era! acta relating lo the embargo, without considerinB
the various substitutes for thia measure which have
besn proposed, and which are now belbra the public
This Legislature teol bound to express the strong and
decided opinion they entertain on the subject before
any of these proposed measareashall be adopted. Tha
expression of thia opinion is required b; a just senw MT
their ownrights and those ofthe Stale which the; m-
preient, and also by a due regard to the sentiments aad
feelings of their coostitaents. which are welt known to
the individuals of this Legidstuni, snd which are ao
strongly displayed in the numerous petitions and m>-
morials daily arriving from all parts of the Common-
wealth.

The prohibition of all intereourae with France and
Great Britain, and their reapeetive dependencies, would
prolnbly prove fruitless and inefficient, trom the extreme
difficulty of enforcing ita obaervanca ; and would tfaoa
serve to bring into contempt the lawa and the Govern-
ment of the couDtiy; or, if enforced, it would impoaa
embarraaamenta on commerce nearly as fiitat as the ob-
atractions created by the prvsenl embargo. It would
soon become a restriction only on the orderly sndweR
disposed part of the community, and would furnish op-
porlunitiea and inducements lathe officera of Qovcm-
ment, by occasional indotgenee and connivance, to pro-
mote the interest of their personal and political frienda.
Bat, in another view of thia meeaure, it appears atiU
more serious snd alarming. It is obvious that, if tile
embargo was removed, onr citiiena would have bat lit-
tle intercourse with France or herdcpendeneiea. The
total disregard of the lawa of nations, and Uie obliga-
tion of treaties, manilasted by that Uovemment ; tha
Bsizure and detention of neutral property in all paita
of her dominions; the unprecedented decrrea against
neutral commerce, promulgated at Berlin, at Milan,
and at Bsyonne, would deter our citisens f^m adven-
turing in commerce with her sobjectx. The proposed
non-intercourse . Iheiefore, would in efiect apply aolel;
to Great Britain. The natural tendency of this mea-
sure, which ia undoubtedly foreseen, ifnot intended, bj
some of its advocates, would be to involve the natiMi
in war with Oiest Britain— a measure which would
necessarily produce a fatal alliance with France.

The project of arming our merchantmen to resist
leiiures by either ofthe belligerents, appears to mani-
fest s spirit which, when excited in a juet cause, will
always be warmly approved, and vigorously supported
by the people of Massachusetts. They cannot oeaaa
to lament, that aome portion of thia apirit had not been

.yGoogIc

HISTORY OP CONGRESS.

450

Febroart, 1809.

Hematulrance of MaMaduuetU.

Sehitb.

eihibited in muttng- the fltwt antnge on onr righti, by
the Brrlin decree of NoTember, 1806. If our Goiern-
menl had at Ihit time eiprened ■ itroiiK lenee of this
eatnge on the Dation, and a Brm reaolation to nadi'
cate and maintain iu righti, Ibey vonld hata been
most cordially and lealoualy lupported by men of all
political partiea. Thia project, if adopted noi* without
limitatioD, boiveier it may be intcndad by thoaa who
propoac it, woald apeadily and ineritabty lead, to a wai
nith Great Britain. France haa comparatively fyv
Cniiaera on the ocaaD, which i« coTcred by the ihipaof
her enemy. Out vesaela would be aeldom ancoantfcred
by thoae of the former Power, while bardly one would
cacape those of the latter. All our actual colUaioni
wantd neceanrily b« with Great Britain, who would
diua be made to appear the only aggreaaor; and when
the public aeniibiUty wta eidted by iheae aaDna, the
dictates of reason, of juatice, and aound policy, would
ceaao to be regrarded. It cannot be too ofien repeated,
that auch a war would neceacahly iOTOlTe a deatnictiM
alliance with Francs — an alUaDee which eiperienee
Iiaa iibown to be more lata! than any war, and which
ia nniveraatl; dreaded, ibroagbout ihii part of the Uni-
ted States, as highly dangeroua to the tndspeodenee of
the notion, and hostile to the tiberties of the world.

The Legislature of Manachusetts eipren without
reserve their sentiQients on the condnci oflfae two belli-
gerent Powers of Eanipe. They cannot bo reatxained
by the audacioua and unfounded insinatioQ, thst lbs
people of New England are influenced by undue par-
tiality to either of those Powers. They lepel with in-
dignation this slanderous upersiou, which cannot be
believed eien try thoae who propagate IL It ia refuted
by the well known ajnril and patriotiam of this people ;
it ia diraproved by the annala ofour Reiolatiooary War,
and by our whole biatory to the present day. This
Slate was among the firat to raaiat the enoroach-
menlcof the BiitiBh Govemmeiit at that timei her dti-
lena atill retain the same spirit to ^pose tinjust aggres-
aioDB, &om whatever quarter they may be attempted.
While they cultivate Ihia spirit, the pledge of theii lib-
erties and their independence, they cheriah also thoae
moral habits and religions prineipies which distingntshed
their ancealois, the first settlera of this country. White
vindicating their own rights, they ars admonished can-
didly to examine, and religiously to respect, the righta
of othen. Tbey can never cordially engage in any
contest which doea not appear to thezn Reeesaory to
the honor and the easeDtial interesU of tttsir eoanlry ;
nor can they appeal with eo&Gdance to the God of
armies, in a war which does not appeal to them to be

With Ihae ianeaaona, the Legialatuie of Ha Ma
lAaaetta have deliberately eiamined the aeveral dMil<
msnts Teepecting the fbiatgn t«ktlMM of lh« United
States, which were pablished bjr CongtMi fcr (h* in-
formation of the peepLe. TbnhATeimpanidl; weired
and conaidened tb« datsa and the coatenta of the mari-
time decraea and orders of Fiance and Oieat Bri^in,
aSecting the commerce of the United State*, uuA the
dispoutioDs of thoee two Oovemmcnts, as manifiwlad
in thflircolrespondenee withonrpubliominietera. The
numerons and repeated a^ressioo* ob the part of
France, displayed in these documents, are as injerioui
to the honor of the nation as to the interests of the dti-
lena — violating at once the obligaUons of onr treaty
with toM Government and the established principles of
the law of nttions- The nmonstraneea and complaints
of 001 MhiiateT appear to have bean traaud wiA c«»-

lOthCoK.SdSasa.— 15

temptnous silence, or anawered only with new outra-
ges ; and h« aeems at last to havs abandoned all hope
and expectation of influencing that OoVemment by di-
plomatic representations, and to have left to the wisdom
and the spirit of the United States to adopt luch other
meanires as may be neceseaiy to canse their lights W
be rrspected. White France shall maintain this coiv-
temptuoas indiderence, and these hostile dispositions,
it appears hardly possible to attempt any accaoimodadon
with her which iboll not tarnish the lunor and endan-
ger the independence ofour country.

On the part of Great Britain there appears, from
those docamentf, to be a disposition to caltivate a good
ondemtanding with this country. Tbey have mani-
feated a strong desire to make atonement and compen-
aation for injuries that were even unauthoriied and un-
intentional, and to adjust the respective rights and
claims of the two nmtions on aneh a basis aa shall pre-
vent future eoUiaions. Kthese diapoaitiona on hei part
are Irincere, and we do not see in these dooamenta any
reason lo question their sincerity, tbey abonld nndoobt-
edlybe met by a correspondent dispoatton on our part<
They certainly furnish an opportunity to attempt a ne-
gotiation, without any sacrifice of honorable sentiment
or independent feeling*, and thia Legislature have
great confidence that auch a negotiation, conducted in
a bir, impartial, and candiil manner, would speedily
restore harmony between the two countries. In con-
sidering the different degrees and orders of France and
Great Britain, it is obvioua that thoae of the former
havo been uniformly Aral in order of time, and most
injnriona in tt\eir natnre. But even if Aoae nation*
were, as has been aometimea aaserted, on the most per-
fect eqiialily in this reapect, and if the conduct of eadi
fomislied auch a cause of war as would leave only the
dioiee of our idveraaiy, every motive of policy would
induce the United Stales to select France for her
enemy. Without oondescending to calculate, with
precision, the comparative ability of those two natioBt
to jojure and annoy this ootintiy, the present stale of
the world should decide oar choice. In one event wa
shouhl have the satialiution of aiding in that ^orioiw
struggle now carried on in fiuropa Bgainat the tyranny
of France, and of assisting to maintain the canae of
that brave and gallant nation which haa lately IhrowD
off the yoke of her oppresaora, and which was among
the first to promote our eiertions in ■ like cause. In
the other £ase we should be immediately arrayed on
the side of France ; we should necessarily aid the gi-
gantic strides of her Emperor towards oniversal domi-
nation, and assist in annihilating the independence of
nationa and the freedom of the world.

On motioD, bf Mr. Lloyd, the memotial wu
ordered to be printed for the use of the Seoale.

Tuesday, Febraary 2a

The Senate reiumed, aa in Committee of the
Whole, the bill further to amend the several aeti
for the establiahTiirnl uf the Treaaory, War, and
Navy Departments ; and the President reported
(he bill to the House amended.

Oa iDoticin by Mr. HiLLHouae, to add the fol-
lowing wordi to the end of the ihiid i>eelioD :

"And provided, also, that every agent of the United
States shall make his payments on acconntof the Uni-
ted Statea, in the same description of mooay, «r
bask bin*) which ha may receive Aom the Ttaaawy,

.yGoogIc

461

HISTORY OF CONGRESS.

March, 1809.

bulk tnlU uf equal Ttlue il the lime of pajmenl;"

It wa> determiued in the negaiJTe — yeas 14,
nays 17^ai follow! :

Yti* — Merar*. Andenon, Bayiid, Goodrich, Gregg,
HillhouK, Kilrhcl, Leib, Ltojd, Meigt, Parker, Pick-
ering, Roed, Sumter, ind TuroBr.

Niii— Meun. Brad ter. Con dit, Franklin, Gaillaid,
Oilea, Oilman, Hun land, MathetrBon, Milledge, Moore,
Pme, Smith of Maryland, Smith of New York, Smith
of TBoneaMc, Tbruaton, Tiffin, and White.

Od ihequeelioD, Sball this bill be engrossed,
and read a thicd time' as amended 7 il was deier-
mined in ibe affirmative.

A mesiiage from the House of Represeota lives
infarmed the Beaaie that the House bare paraed
B bill, enlitled "Ad act to interdict the cammer-
cial intercDurte beiween the United Statei and
OreaiBritaJQ and PrsncE, and their dependencie.i.
and for other purposes," with amendinenls, in
which [bey request the concurrence of the Sen-
ate. They have passed a bill, entitled "An act
further tu amend the several acts for the estab-
lishment and tegulation of' the Treasury, War,
and Navy Depaninents, and making apptopria-
tions for the support of the Military Eatablish-
menl, and of the Navy of the United Stales, for
the year 180!);" also a bill, entitled " An act to
ezlead to Amos Whiliemore, and Wra. Whilte-
more,jr., tbe patcat right loa machine for maou-
facturiog cotton and wool cards;" ib which tbey
request (he concurrence of the Senate.

The bill, entitled, ''An act further to amend
the several acts for the eslablishment and regula-
tion of the Treasury, War, and Navy Depari-
menis, and making appropriations for the support
of the Military K>tablishment, and of ihe Navy of
the United Siaies, for the year 1809," wa; twice
read by unanimous eon >ent. and referred to Messrs.
Smith of Maryland, CRswronn, and Franklin,
to consider and report Ihereon.

The bill, entitled "An act to extend to Amoi
Wbittemore and William Whiliemore, jr., the
patent right to a machine for manufacluring cot-
ton and wool cards," was twice read by uoaa-
imous consent, and referred to Messrs. Llovd,
BRAnLEV, and MiTCHiLL, to consider and renort
thereon.

The Senate proceedeu to consider the amend-
ments of the House of Representatives to the bill,
entitled ''Ad act to interdict the commercial in-
tercourse between the United Slates and Great
Britain and France, and their dependencies, and
for other purposes."

On the question to agree to the amendment of
Ihe 11th section, as follows:

Strike out the wonla, *' And to cause to be issued,
under suitable pledges and prcaution*, letters of
marque and reprissl agBiiut the nation Ihercsfter con-
tinuing in force its unlawful edicta against tho com-
merce of the United States:"

It was determined in the affirmative — yeas 17,
nays 14, as follows:

Yiis — Meurs. Anderson, Bayard, Bradley, Condit,
Franklin, Oregg,Howluid, Kitehal,Halhewaaii, Meiga,

MitcbiU, Pwkar, Pop*, BMd, Sumtar, Tiffin, and
While. .

niiB--Mewrs. Gsillard, Giles, Gilman, Goodrich,
HillhouH, Leib, Lloyd, Milledge, Moore, Pickering,
8milhofMsryland,8milhofiyew York, Smith of Ten-
neuee, and Tuinai.

On the question to agree to the amendment in

Ihe i:

s follol

strike out "fourth of March neit," and inaert " Af-
Uenib of Much, 1809:"

It was determined in (he affirmative — yeas 25,
nays 6, as follows:

Yiis — Messrs. Anderson, Biadlev, Condit, Frank-
lin. Gaillstd, Giles, Gibo*^, Gregg, Howlind, Kitchel,
Leib. Mithawion, Moigi, Milledge, Mitchill, Moore,
Parker, Pope, Reed, Smith of Maryland. Smith of New-
York, Smith of Tennessee, Sumter, Tiffin, and Turner-

n^Ti—Meurs. Bayard, Goodrich, Hillho use, Lloyd,
Pickering, and While.

All the other ameodmeata to the hilt were
agreed to.

Weonesdav, March 1.

Mr, Tiffin, from the comiaittee, reported the
bill further to amend the several acts for the es-
(ablishraent and reguiadon of the Treasury, War,
and Navy Departments. correcdy engrossed; ali<l
(lie bill was rtad the third lime, and passed.

Mr. Llovd, from (he committee to whom was
referred the bill, eutiiled "An act to extend to
Amos Whittemore and William Whittemore, jr.,
the patent right to a machine for manufacturiDg
cotton and wool cards," reported the bill without
amendment ; and the bill was read the third time,
by unanimous coni-enl, and passed.

Mr. Smith, of Maryland, from the committee
to whom was referred Ute bill, entitled "An act
furtbfr to BTneod the several aeli for the estab-
lishment and regHJaiion of the Treasury, War,
and Navy Departmeols, and making appropria-
tions for the support of the Military Establish-
ment, and of Ibe Navy of the United Stiites, for
the year 1809," reported the bill amended; and
the Senate proceeded to consider the said ameod-
ments, as in Commiiiee of the Whole, and ihe
President reported the bill to the House ameuded.

On motion, by Mr. Bbadley, further to amend
the bill, to strike out the following words in tfa«
siilh section : " For the fortification of the porta
and harbors, in addition to the sums heretofore
appropriated for that purpose, one million of dol-
lars:" il was determined lo the affirmalive — ye««
S3, nays 6, as follows :

Yats — Messrs. Anderson, Bayard, Bradley, Condit,
Franklin, Goodrich, Gregg, Hiltbouse, Howland, Kit-
chel, Leib, Lloyd, Mathewson, Moore, Porker, Picker-
ing. Pope. Smith of Tennesaee, Bumtar, ThiuatoD,
Tiffin, Turner, and White.

Nits — Messr*. Cravrfbrd, Milledge, Mitchill, Robin-
son, Smith of Msr^Und, and Smith of New Y<ni.

And the bill having been further amended, it
was ordered lo the third reading as amended.

The PBESiDEriT communicated a report of th«
Secteiary of the Treasury, with a statement of
the emoluments of the office ra employed in the

.yGoogIc

HISTORY OF CONGRESS.

MiicB, 1800.

SiNa-nfc

coltectioDofthecuslomi far the year 18(K; wbteh
was reid, aad ordered to lie for eonsideralion.

A messan from ihe House of RepreBeniati
informed ine Senate ihat ihe House liBTe passed
t bill, enlilled " An' act concerning invalid pen-
lioaers," io whicb ibe; requnc the concurrence
of ihe Senate.

The bill last brongbt up for concurrenee was
twice read by unanimous consent, and referred to
Messrs. Bbadlev, Smith ofMarylaDdjaudFRiNK-
UN, to consider and report thereon.

A message from the House of Represent at ires
iatorroed the Senate that the House hare passed
thebkll,enlilled''Anactrurther loaroend the judi-
cial system of tbe United Stales," with amend-
meois; in which ibey request the concurrence of
the Seaiie. They have al»o passed the bill, enti-
tled "An act to extend the time fur making pay-
ments for the public lands of the United Slates,"
wilb amendrnenls. io which they request the coo-
cnrrenceof the Senate. The House of Repre-
senlatires have passed a bill, entitled " An act
supplemental to the act, entitled 'An act for es-
Ublichiog trading-bouses with the Indian tribes,"
in wbicd they request the concurrence of the

The Senate proceeded to consider the auiend-
menls of the Hanseof Representatives lo the hill,
entitled "An act furlbei to amend the judicial
■TJtem of the United States." Whereupon,

Retolved, That they concur therein.

The Senate proceeded to consider the amead-
menisof the House of Representatives to the bill,
entitled "An act to extend the time for makine
payments for the public lands of the United
Stales." Whereupon,

Re*oleed, That they concur therein.

The bill, entitled "An act suppletaenlal to the
act, entitled 'An art for establishing trading-
houses with the Indian tribes," was twice read by
nnaoimoua cctoaeot, and ordered to the third
reeding.

Mr. Oheoo preaented the memorial of Arthur
St. Clair, accompanied with papers and remarks
on the report of the committee to wbom bis peti-
tion was referred at the last seaaion, and praying
a TccoBsideraiion thereof, for reaaona stated in the
menMinal; which Was read, and ordered to lie on,
the taMe.

Mr. FsuiKi-iH, from the committee to whom
was referred the petition of Ebenezer S. Piati,
made report. Whereupon,

Resolved, That the prayer of his petition can-
not be granted, and that be bare leare to with-
draw toe same.

THURonay, March 2.
Mr. Giles, from the committee to whom was
referred (be resolution directing an inquiry into
the expediency of amending the act, entitled "An
act to establish the judicial courts of the United
Slates," reported that it is not eipeilient at this
time to adopt any measure io relation to that
subjeei; and tbe report was agreed Io.
Mr. Bbadlbt, ftom the commiilee to whom

was referred the bill, <

ralid

pen SI'

iiitled "An act concerning
ported the bill amended;
'ing reported the bill to tha
ition, the bill was read tha
lus consent, as amended.
bill pass with aaamend*

and the PaEaioENT hi

Hoose amended, on n

third time, byunaniii

Iteaolved, That (hi

A message from the House of Representativei
informed the Senate that the House have passed
a bill entitled "An act for the relief of Jacob
Baroitz," in which they request the coDCurrenc*
of the Senate.

Mr. TtrpiR, from the committee, reported (be
amendments to the bill, entitled '^An act furihec
to amend tbe several acts for the establishment
and regulation of the Treasury, War, and Navr
Deparimeais, and making appropriaiioos for tha
support of the Military Esiablisbment, and of the
Navy of the United Stales for the year 1809,"
correctly engrosned; and the bill was read llie
ibird time as amendeil.

Betolved, That this bill pass as amended.

Agreeably io llie order of the day, the Senate
resumed tbe third reading of tbe bill, entitled
"An act for imposing additional duties upon all
goods, wares, and merchandise, imported from
any foreign pan or place ;" and on tbe question,
Shall this Lill pass as amended? it was deier-
;d in the negative — yeas 3, nays 24, as fol-

:as — Mesin. Coodit, Kitchel, Leib, Pope, and
Bobinson.

LIS— Messrs Bayard, Bredlej, Crawford, Frank-
lin, Gaillui], GUfls, Oilman, Goodrich, Gregg, Hill-

9, Lloyd, Mutheivson, Meigs, Milledge, Milchill,
Moore, Parker, Pickering, Smith of Maryland, Smith
of Tenneaiea, Sumter, Thruilon, Tiffin, and Turner.

The bill, entitled "An act for the relief of Ja-

ib Barnitz," was read three limes h^ unanimou*

lOsent. and passed.

The Senate resumed, as in Committee of tbe

Whole, llie bill providing for the promulgation of

:ain laws in the Territory of Michigan. And,

amendment having been proposed, on the

question, Shall this bill he engrossed, apd read k

third time? it waa determined in Ihe affirmative.

The itill, entitled "An aci supplemental to the
act, entitled 'An act for establishing tradiug-hou-
ses with the Indian tribeii," was read the third
time, and passed.

FaiDAV, March 3.

A message from the House of Representatirea
informed the Senate that the House disagree to
the first and four<h. amendment of the Senate to
tbe bill, entifled "An act fnrllier lo amend the
several acts for the esiabltshmpnt and Regulation
of tha Treasury, War, and Navy Departments,
and making appropriations for the support of the
Military Establishment and the Navyof the Uni-
ted States for tbe year 1309;" and tbey agree to
the ether amendments to the said bill.

The Senate proceeded to consider tbe amend-
ments disagreed to by the House of Representa-
tives (o tbe bill, ealilled "An act fuf tbet to amend

.yGoogIc

4M

mSTORT OF coNa&Bsa

Bhatb.

Bank of the IMltd Siatet.

HiHCB, 180O.

tbe Mveral aeii for tha ettsbliahtiinil and refula-
IJOD of the TreasuFf, War, and Na* v Depacl-
nectR.and making uppraptMllona fat ine support
oftbe Miliiiry Establisbmeai and the Nary oribe
Uoiled State* for lb« yfar 1809;" and, ao mo'
tiuD, by Mr. Giles, ibal the Sftiaie insist on ibeir
md amendmenis disagreed to, it was determiDed
lo tbe affirniaiiTe — yeas 2S, nay* 2, as follows :

Till — Mcssii. Andarsan, Bsjsrd, Bridle*, Condit,
SailUH, Oilem, GilnaD, HillhauHi, Hmrland, Kilchel,
L^b, Ltafi, MBthemon, Mmg*, Mil1«dge, Moan. Par-
kar, Pickering, Pope, Reed, Robinson, Bmitb of Mary-
lytand. Smith of Haw York, Smith of TsoHessae, Tif-
io, and Wtiito.

Nats— Usssis. Ciawfcrd uu) White
80 il it was, Itetolved. Tbai ih«y insist on their
Mid Bmeodotents disagreed to by the House of
B«preaea[atirti.

A mMsa^ from the House of Repreieuiatives
informed the Seuate that the Hnu'O hare passed
■ bill, eniiiled "An act to deprive, in certain
cases, Tetsph oftbcirAmericBQ character, and lo
prevent, under certain disabilities, any citizen of
ihe United Slates takioe ■ license from any for-
eign Power to navigate the ocean, or to trade
vith any other foreign and Independent Power ;"
in which they request the concurrence of the
Senate. They do not concur in the bill, f-otiiled
"An act aaihorizing the sale and grant of a cer-
tain quantity of public laod to the Cheaepeake
and E>elaware Canal Company."

The bill, entitled "Ao act to deprive, in cei^
tain ciset, veMels of tbeir American character,
s, any cit-
9 tabing a license from

any foreign Power to navit;ati
liade with any olhe" ''--■--

the (

. , r foreign and independent

Power," was read; and, on the quMtioo, Shall
this bill be read the second time 7 it was d^r-
mined in the affirmative.

On motion, by Mr. AKDERBoit, that the bill be
read a second linae, it was objected 10 a ^ contrary

Mr. Ti
bill providi

n the committee, reported Ihi

■y of Mi
id ihebili wasrei

tiMiM o'doek, in die Ofaambar of A» Honaa of R«^
reiontativas.

the honor to bo, with the Kreatast respect, sir,
joui most obsdiaot and most humble Hnsnt,

J.<ME8 MADISON.
The Hon. Joav Milliddi,

PraidenI pro tempore of ike Senaie.

BANE OF THE UNITED STATES.
The Presioent also communicated tbe report
of the Secretary of the Treasury 00 the memo-
rial o( tbe stockholders of the Bank of the Uni-
ted States, referred to iiim on the 'J6th of April
last ; which was read, as follows :
The Secretary of the Treasury, to whom unit refartd
the memorial of tht iloekholderi of the Bank oflht
United Slaie4, praying for a reneUMtl of tht ekarter
which will expire on the tth day of March, ISIl,
retpec/fatly tubntiU ike following report ■■
The Bank of the United States wsa incotporated by
the act of March 2, 1791, with a capital of ten mil-
lioni of dollsn, divided Into twenty-five thousand
irei, of foai hondred dollars each. Two million! of
llirs were subscribed by the United States, and paid
ten equal annual instalments. Of the eight. rail-
lionaof dollars subscribed by indrndusls, two millions
•ere paid in ipecie, and ail millions in sii per cent.
itockof the United States. Two thouwBd four hun-
dred and ninety-three of the shares beloDBiug to iha
Goremment wen sold in the years 1TS6 and I7S7, at
in adnnce of twenlj-Sve per cent.; two bandredand
eighty-seven were sold in the year IT97, at an mdvonce
of. twenty per cent.; and the other two thousand two
hundred and twenty shares in the yesr ISOa, at in
advance of forty-live per cent. ; making lagether, eX'
cluiively of the dividends, a profit ef $671,860 to the
United Btatao. The greater part of the six per cent.
■lock originally paid by the itackbDlden has slnM
been sold by the Bank ; ■ portion has been redeaned
by Government, by the operation of the anpual reim-
buroement, and the Bank retains at present only a
mm of $3,331,668 in six per crnt. stock.

About eigbteen thousand disres of the Bank stock
are held by persona residing abroad, nbo are by the
cbarter excluded from tbe right of voting. The stodi-
hoUart reaident within die Untied Btalas, amd wbo
have the exclusive control aver tha il
only aeven thousand ahares, 01

id tbe

A message from the House of Represenla lives
informed the Senate that the House have passed
a bill, entitled ''An act authorizing the augment-
ation oftbe ManneCorps,"with an amendment, in
which they request the concurrence of the Senate.

The Senaie proceeded to consider the said
amendment. Whereupon,

Jtaolved, That they concur thert^n.

The Presidbnt coratouuicaied to the Senaie
tha foljowinK letter from the Preaident elect of
tb« Uiiited Stales:

CiTi 01 WiSHTitaToir, ATorvA 3, 1^09.

Sib: I beg leave, through vou, to inform the honor-
able the Senate of tbe United States, that I propose to
take the ostb which the Canatitution prescribes to tha
Preaident of the United States, before he enters on the
~ n of hi* oBiea, on Saturday the 4th iastant, at

lisbed at Philadelphia, and those directors have tha
entire management of -the dliconnls and other tnns-
actions of tbe institution in that city, and the general
superintendence and appointment of the directors and
cashiers of the offices of Jioconnt sod deposits eatab-
liahed in other places. There are stpreBenteight of those
offices, via ; at Boston, New York, Baltimore, Norfolk,
Charleston, Savannah, the City of Washington, and
New Orleans. The laat two were established at the
request of the Secretary of the Treaaary.

The prolits of s Bank arise from the interest re-
ceived on the loans made, either to Govematefit or to
individuals; and they exceed lii per cent, or the rale
of interest at which the loans are made, becaoMi every
bank lends, not only the whole of its capital, bnt aleo
a portion of the monevs deposiled for siirekcBpiiig in
its vaults, either by Government or by individuala.
For every snm of monn thus deposiled, Ihe party

jjGoogle

457

HISTORY OF CONGRESa

46S

Marcb, 1S09.

Bank of the Umted BtaUs.

twnh DotN, oi obtaiu ■ credit on tha book* of the
bulk. Ip either caw he bu the wme right at an; time
to inthdnn tua depoMla ; in the fint eaae, oo preien-
latiaa and sumndei of the bank nolni; in tha othn
ease, by drawing no the bank ibi the ■monnl. Bank
notes, aad credits on the bookaof tha bank ariie, Ibece-
fbre, eqaall; from depoaiteo, abhough the erediia alona
■re, in comaxiii pejlance, called dapoaitaa; and the
aggragsle of tboee crediti, and of the bank nolva t>-
■ued, constitulet the circulating mediasi lubciitutMl
by the banking Dptratiom to money ; for paymanta
from one indiTidBal to another are «iually made by
draughts on tha bank, or 1^ deUrsry of bank notes.
Experience has taught the directon nbal pertiaB of
the money thus deposited the; may lead, oi in other
words bow fsi they may with safety extend their dia-
counts bejond the capital of the bank, ttHl fthat
amount of specie it is neceaary they ahould keep in
their Taults. The piofils, and therefore the diTidends
of a bank, will increase in proportion as the directofe
will increase loans of the moneys deposited, andsufler
the amount of aperie on hand to diminish. Moderate
dividends, when not produced by some pirticuiur cause
which cheeks the circulation of badk paper, are the
best evidence of the safePr of the inatilution, and of
the wisdom of its direction.

Tho annexed table of all the dividends meda by the
Bank of the United States since its eetablishinent,
shows that thpy have on an average been at ibe rate of
8J (precisely) 8.13 (14) per cent, a year, and prorea
Ibat the bank has not in any considerable degree used
the pnblic depoaites for the purpose of eitendug its
discounts.

general items, vii; 1st. Outstanding debts, consisting

Cincipally of the notes payable at sixty days, which
T« been discounted' at the bank. 3(lly. Specie in
Iheviutte. Sdly. Buildings necessary for the institU'
don. On the other hand, the bank owes : IsC To the
stockholders, tba amount of the capital stock originally

the whole amount of moneys deposited, payable on
demand, and including both the credits on the bank
books, commonly called depositei, and the bank notes
in circulation. The account is balanced bj the amqant
of nndivided profits and accruing discounts, which
constitute the fund for defraying current expensee, for
paying subsequent dividends, and for covering contin-
gent losses;

The following it>tement of the ntnation of the
Bank of the United Slates, including its branches, ex-
hibits Ae trtie amount of public stock which is still
lleld by the Institution, of the cost of its buildings and
tots of ground, and of the undivided aurplus or con-
tingent fund subsequent to the dividend made in Jan-
uary last But the amount of loans to individuals or
discounts, of specie in the vaults, and of moneys de-
posited, including both tha eiedits on the bank books,
commonly called depoaites, and the bank note^ in cir-
ealation, is taken on a medium ; and, so far as relates
on the credit side of the account, to specie on hand,
and, on the debit side, to depoaites, is several millions
of dolhua leas than it happens to be at this moment ;
both having been swelled much beyond the average by
the embarg'o, and by the unnsnally targe balance in
ths Treasury, which is prioiapallT depoeited in the
bank. Some minor items arising trcm accidental cir-
Musstaneea an omiltad fbi the aake of perspicuity.

Ca.

L DebU do* to the bank, via'<

I. Six percent etock of the
United Slalea, being the residue
of that part of the onginal sub-
scripiJOB paid in public stocks,
which is still held by the bank $3,S3(M>M

S. Loans to individnali, con-
sisting duedy of, discounted
notes, |>ayaUe at aiity days.

and morlgagss taken in order

to aeeura doubtful debu - - IC,000,OM

3. Due by buika inooTpara-
tad by the States - - 800,000

II. Specie in tha vaults - - 1

m. Coat of Iota of gjoand, and
boildinga aractad

be dissolved - - - . 10,OD0,OOB
II. Moneys deposited, vii:

1. Credits on the bank boAs
coomotUy called depositee, in-
cluding be depositee both by
Gfovttmment and by individnak %,WiMf>

3. Bar^ nolaa in cirevUtton 4,&0Q,000

Balance, being the amount of
undivided profits, commonly
called the "contingent fund,
and applicable to cover kia-
sea which may arise from bad

610,000

It au&iciently appears from this general view, that
theaflairaoflhsBinkofthe United Stalea, considered
aa a moneyed inatitulion, have been wisely and akilliil(y

The advantages derived by GovemmcDt frOBl th*
bank are nearly of the aaina nature with those obtained
by indiilduals, who transact hosineM with similar ia-
stilntions, and may be reduced to the following head*>

1. Safe keeping of pnblic money*. This applies not
only to moneys already in the Treasury, but aUo to thoea
in the hands of the principal coUeatots, of the Commit
sionera of Loans, and of several other officers, and afibcd*
one of the best securitiea against delinquencie*.

3. Tran^ission of public money*. As the ooUea-
tion will always, in various quarters of the extenalv*
territory of the Union, either exceed or fall short of the
expenditures in the same places, a perpetual tranamie-
sion ofmoney, or purchase of remttunces at the risk and
expense of the United States, would become necessary
in order to meet tboae demands j but this is done t^
the bank at its own risk snd expense, ibr every plaM
where one of its branches is established, which embtk-
cea allpaymenta of any importance.

3. Collection of the raveniie. The punctaalitj ef
payments introduced by tha banking system, and tha
facilities afforded by the bank to the importers indabtad
for revenue bonds, are amongst the causea which hav*

.yGoogIc

459

HISTORY OF OONGRESa

460

SlHAT*.

Bank of Ihe VhiUd Slalf.

Mabcb, leOQ.

■nihlfld the United Statci to collect with lo gnat &-
eili^, and with *o few lowec, the Urge TCTenue deriTad
fiom the impott.

4. I>o«iiia> Althonsh the pnwpantr ef peil ;mtb
hu eaabled Govern m ant, dunog the pretent Admin-
iatratioD, to meet all die public demandi nithout re-
enrring to hialli, the bank had heretofore been Cni-
nentl; neerul in making the ailraneea which nnder dif-
ferent circa mitance* were oeceaaaiy. There waa a
time when, exclluifely of the aix per cent, atock held
t^ the inatitntion a> part of the niginal aabicription,
the lo«n« obtained by Oevemment from the bank
amooaled to $fl,SOO,000. And a aimilar diapoiition
haa been repeatedly evinced wheneTcr the aapeci of
public affaira hta rendered it proper to aacartun whe-
-ther new loans might, if wanted, be obtained.

The Dumaroui banki now eatabliabed under the an-
tbotity of the aataral Stataa, might, it ia true, ifibrd eon-
'■dcrable Maiatance to the Government in ita fiacal
'^•ivtjon*, There ia none, however, which could ef-
fKt the tncaminion of public moneja with the aama
fkcililj, and to the aatne extent, ■■ the Bank of the Uni-
ted Btatei ii enabled to do thniugh iti aeTeral brancbee.
The auperior capital of that inititution ofieca alao a
greater aectititj igainit any poiaible loaaea, and greater
TMOorcei in relation to loana. Nor ia it eligible that
the General Gavernment ahonld, in reapect to ita own
operation!, be antirelj' dependent on inatitutiona over
which it haa no control whatever. A National Bank,
deriving it* charter (roni the National Legiilstare, will
at all timea, and under every emergency, feel itronger
induceroenta, both from inlMwt and from a aenae of
dot;, to afibrd to the Union every aaiiitance within its

The itrongeat objection againal the renewal of the
tbarter aaema to arise from the great portion of the
bank atock held by foieignert ; not on sccount of any
influence it givea them over the institution, lineo thej
have no vole, but of Ihe high rate of interest piyabli
by America lo fbreign eotintriea on Ihe portion thm
held. If the charter is not renewed, the principi] of
that portion, amounting to about $T,S00,(X)O, must at
once be remitted abroad ; but if the charter is renew-
ed, dividenda equal to an interest of about Sj per cent.
■ year must be annaalty remillad in the same manner.
The renewal of the charter will, in that reapect, ope-
rate in a DstLonal point of view, as a foreign loan,
bearing an interest of 8^ per cent, a year.

That inconvenience might peihape be removed by a
vodificatian in the charter, providing for the repay-
ment of that portion of the principal by a newsubacrip-
tion to the same amount in favor of dtizena ) but it
doe* not, at all events, appear efficient to outweigh
die manifeal public advanlagea derived from a renewal
«f the charier.

The condition! in favor of die pnblic, on which Ihta
diotild be granted, are the next subject for conaider-

The nett profit, annually derived by Ihe atockhald-
cta firom a renewal of the charter, is equal to the dif-
ftrence between the annual dividends and the market
rate of inlerest. Supposing this to continue at six
per cent, during the period granted by the eilcn-
■ion of the charter, and the dividends to be on an
average at the rate of 8} per cent., that profit will be
3) per cenL a year. If the charier be extended twsn-
^ yeira, the value of the privilege will be equal to an
•nnuity of 2} per cent, on the capital, that la lo saj,
•f SSGO.OOO for twenty years; and such annuity being

peyaUe aami-annnally, ia worth almost 9S,BH,000.
This, however, would be much mora than any hank
would give for a charter, sa it would leave it nothing
but the right of dividing st the rale of aii per cent, a
year, which the stockholders have withoni a charter. It
is believed that diey would not be willing to give even
half that sum for the eitenajon, and that about 9I,360,-
000 may be conaidered aa Ihe msilmum which could
be obtained, if it was thought eligible lo sell the re-
newal of the charter for a fixed sum of money.

It is, however, presumed that the decision on the
conditions which may be annexed to an eitenaion of
charter will l>e directed l>y eonsiderationa of ■ much
greater importance than die payment of aueh a ann]
into the Treasury. The object will undoubtedly be to
to Ihe institution all Ihe public utility of which it
aeepljble, and to derive from it permanent and
solid advantage* rather than mere temporsiy aid. Un-
der those impresaiona, the following auggeationa ara
reapectfhily submitted:

I. That the Bank ahouUl psy intereat lo the United
States on the public deposiles, wtienever Ihey should
exceed ■ certain ^ um, which might perhaps be fixed at
about 93,000,000.

II. That the Banh should be bound, whenever ro-
quired, to lend to the United Slatci a aum not exceed-

hree-fifths of its cspital, at a rate of interest not
sdlng six per cent ; the amount of such loan or
I to be paid by the Bank in instalments not ex-
ceeding a certain sum monthly, sod to be reimbnraed
at the pleasure of Government.

lU. Thst the capitsl stock of the Bank should b«
increaied lo 930,000,000, In the following manner, via:

1. Five millions of dollars to be subscribed by cili-
leni of the United Stains, under such regulaliona as-
would make an equitablo apportionment amongst Uie
several States and Territories.

2. Fifteen millions to be subscribed fay such Slat«a
as may desire it, and under such eqnilable apportion-
ment amongst the several Stales as may be provided
by law; and a branch to be established in each sub-
scribing State, if subscribed for by the Stale.

3. The payments either by individuals or Stales to
be either in specie or in public stock of the United
States, at >ueh rates as may be provided by law.

4. The subscribing States to pay their subaeription
In ten annual inilalments, or sooner, if il suits their
convenience, butto receive dividends in proportion only
to the amount of Aibaeription actually paid, and their
shares of bank stock not to be transferable.

IV. That soma ehare should be given in the direc-
tion to the General and State Oovemmenlsi the Gen-
eral Government appointing a few directors, and tfa*
Government of each subscribing State appointing •
few directors in the direction of the branch Mtablishad
in such Stsl*.

The result of that plan would be, 1st. That the Uni-
ted Slates, receiving no interest on public deposite«r
might, without inconvenience, aceumulBle during years
of peace and prosperity, a tieaaure sufficient to meat
periods of war and calamity, and thereby avoid Lhs &«•
CGS^ity of adding, by increased taxes, io the distress o«
of Bucb periods. Sdly, That ihcy might ret; on a loan
of$lB,000,0O0 on any sudden emergency. 3d ly. That
the payment of the greater part of the proposed in-
crease of capital being made m ten annual inalaluMnla,
that incieaae would be gradual, and not more rapid
than may be .required by the progressive state of the
oonnUj. 4tbly, That Ihe Bank itaelf would lann an

.yGoogIc

HISTORT OP CONGRESS.

462

d bond at eatnmoa intcrot and n
theHTanl States.

All iriiich i* napactfiillj aabmitlad.

ALBERT GALLATW.

TBBiiirmi' DBrABTnvT, Martki, ISO*.

Oq motion, tbe Senile adjourned to five o'clock.
Fiva o'clock in the Evening.

Ordered, Tliat Messrs. Smith of Marylaod',
BiYAHD, and Gaillard, be a conamiiiee of ir*
tangemeDl for ihe reception «f the PresidcDl of
ihe Unilei] Slates to-morrow, on the oecasioa of
his inanguraciun.

A. meirage from the House of RepreieniaiiTes
iDfaiined the Senate that ibe House intist on
Iheir ditagreement to ibe ■meodmeots of the
Senate to tbe bill, en I i lied "An act furiher to
■mend the sereral acts for the establiabment and
leguIatioD of the Treanary, War, and Nary De-
parimenin. and makinfr approprialiona for the
support of the Military EEitabIishm»iit and of the
Narr of [he United Slater for the fear 1809."
They ask a conference, on the diriBgreeing; TOles
of the two Houses, aod have appointed managers
on their part. Tbey have passed a bill, entitled
"An act for the relief of Williaia Hasting*," '"
which [heyrequestlhe concurrenceoflhe Senate.

Tbe Senate proceeded to consider the resolu-
tioQ of tbe House of Representatives, requesting
a conference on the dibagreeing rates of tbe two
Uoasea dd the bill first abore meationed; and
baling agreed to tbe same,

Ordered, That Messrs. Giles aod Bradlbv
be the mMisgera at the same oa the pan of the

The bill, entitled "An act for the relief of Wil-
liam Hastings," waa read. On tbe question, Sbatl
this bill be read ■ second time? it was determin-
ed in the affirmalire. On motion, that the bill
be DOW read a second cime.iit was objected la at
igainst the rule.

Mr. GiuEH, from the managers at the confer-
ence on the bill, entitled "An act further to
amend the several acts for the esiablishment and
regulation of the Treasury, War, and Navy De-
partmenls, and makingap prop rial lobs for the Hip-
port of the Military Establishment and of the
Navy of the United Sutes for the year 1809,"
iDade report. Whereupon, it was agre«d that a
bill further to amend the several acts for the ea-
lablisbment and regulation of the Treasury. War,
•Dd Navy Departments, be DOW read three scv
eral times, by unaoimoas consent.

KetoUed, That this bill pais, and that tbe title
thereof be " An act farther to amend the several
acta for Ihe esiablishment and r^iilation of the
Treasury, War, and Navy Departments."

Retolved, That Messrs. Mitcrill and Shitb,
of New York, be a committee on the pprt of the
Senate, with such as the House of Representa-
tives may join, lo wail on the President' of the
United Stales and notify him that, unless he may
hare any fuither^communications to make to tbe
two Houses of Congrew, ihey are dow ready in
adjourn.

Ordered, That the Secretary acquaint tbe

House of Representaiires therewith, and request
the appointment of a committee on Iheir part.

A message from the House of Repreientativet
informed ihe Senate that the House bate pasned
the bill, en tilled "Anact supplementary to the act,
entitled 'An act lo amend the charter of George-
town," with an amendment, in which tbey request
the coDcnrreoce of the Senate.

The Senate proceeded to consider the ameod-
mei)t of ihe House of Representatives to tbe bill,
entitled "An act Bupplcmentary lo tbe act, enti-
tled 'An act to amend the charter of George-
town." On motioQ of Mr. Bradley, that Uie
bill. and amendment be postponed to the next
sesssion of Congress^ it was determined in Che

On motion, by Mr. Bbadlet,

ReMolved, That the Senate disagree to tbe said
amendment.

Mr. MiTcniLL. from the committee, reported
that they had waited on the President of the
United States, who informed them that he had
no further communications to make to the two
Hoases of Congress,

Ordered, Ttiat the Secretary notify tbe House
of Representatives that the Senate ha vinr finish-
ed the business before tliem, are about to adjourn.

The Secretary having performed that duty, tbe
Senaie adjourned without day.

EXTRA SESSION.

The PrtMidml «f Ike United Statu

to — ^ Senator for Ihe State of :

Certain matttr* tducbing tbe public good raquLriuf
that the 8ei»t< ifaDQld be couvsned on Sstuidaj, the
fbnrth day of March next, yon are dadrad to atlMid at
the Senate Chamber, in the City of Waahington, on
that day ; then and there la dilUientIs on auch codi-
munieations as ihsU be made to vtm.

TH. JEFFERSON.

WuiixoTOir, Dte. SO, 1808.

Saturday, March 4.

In conformity with tbe summons from the
President of the United States, ilie Senate as-
sembled in the Chamber of the House of Rep-
resentatives.

PBEaENx:

JoBN MiLLEnoE, from the State of Georgia,
President pro tempore.

NiCROLAs GiLMAN, and NAHtM Parker, from
New Hampshire.

Timothy Pickeriho, from Massachusetts.

Chauncey QooDfticn, from Connecticut.

Elisqa Matrewson, from Rhode Island.

Stephen R. Bradley, from Vermont.

JoBN Smith, from New York.

Aaron Kitcrel, from New Jersey.

Andrew Oreoo, from Pennsylvania.

James A. Bayabd, from Delaware.

PaiLiP Reed, from Maryland.

William B. Oileb, from Virdnia.

James Tuiiheb, and JcseE Frahbur, from
North Carolina.

.yGoogIc

46S

HISTORY OP CONGRESS.

SaKATB.

Tbomai Sdmter, and John Oaillabd, ffom
Sonih Ctrolina.

WiLLiiH H. Gbawpord, from Oeor^ia.

Bdcrnes Tbroston, and John Pope, from
EenlDcky.

Daniel Smith, rrom Teonesser.

Edward TifFin, from Ohio.

John Lambert, appoinied a Srnalor bjr thi
LegislRiure of the Stale of New Jerxef for sii

J ears, and Samuel Smith, appoinied a Beoaior
y the Ezecmive of the State of Maryland, at-
tended, and iheii eredeaiiala were read.

Jameb Llotd, junior, appointed a Senator by
the Leccitlature of the State of Masiaehusetts,
Bllended, staling that hewai elected, but ikot in
porsessioQ of his credeoiiaU,

JoBEPa ANDEHHon, from the State of Tennes-
■ce; Richard Brent, from the Slate of Vir-
gioia; James Hlllhouse, from the State of Coti'
neeticut ; Michael Lbib, from lbs Stale of Pi
■ylvinia; Hbturh J. Meiob, ffom the Slate of
Ohio; Jonathan Robinson, from the Stale of
Vermont; Samuel White, from the State of
Delaware, leTerally attended.

The oath required by law wbr administtred to
the Seoalort above meaiiooed, in the six years'
cIbm, respeciirely, except to Mr. Brent.

The President of the United States at-
tended, and commanlcated the following

Uawilling to depart &am eiainple* of the moit re-
Tered authority, I avail mytelt ot the occsaioa now
p-eaanttd, to expreai cha profimnd imfnMion inad« on
m« b; th* call of 1B7 counti; to the MAlion, (o the
dBtiM o( which I am about to pledge njielf b; the
noat •olenui of latietioiu. 9o distingfuiahad a mark
tf oonfidence, pioc««diiit &oai tbadetiberale and Iran-
anil anftaga of a free and viitooiu nation, would, an-
MT any circuautancM, ha*e coDUoanded my gntitnde
and devotion, u well a* filled ma with an awful lanie
of th« tmat to be aaaumed. Undei the variou* circnm-
ataneei which give peenliar loleinnilj to the eiuting
period, I feel that both the honor and the reiponnbilily
allotted to me are inexpiaaaibly enhanced.

The prewnt ailaation of Ihe woild ia, indeed, with-
out a parallel, and that of our own country full of dif-
flealtiei. The preuure of theae, too, ia Ihe more
aeverel; felt, becaiiae they have falleo upon ub at a mo-
ment when die natiohal prosperity being at a height
not before attained, the contraat, reaulting from the
change, ha* been rendered the more atrilung. Under
die benign inSoenee of our Republican inatitutiona^
and the maintenance of peace with all nationi, whilat
■o man; of them were engaged in bloody and waate-
fiil wen, the fruit* of a juit policy were enjoyed in an
unrivalled growth of ouj; facultiei and leaourcea. P100&
of thia were aeen in the impiovement* of agrieulture;
in the eneceaaful enterpnae* of cooimeTce; in the pro-
great of manu&cture* and useful arts ; in the increase
of the pnUic revenue, and the uie made of it in re-
ducing the pubUc debt ; and in the valuable works and
wtabliahmenta everywhere multiplying over the face
of our land.

It U a predoni reflection that the transition fiom thia

C parous condition of our country, to the scene which
lor aoma time been distressing us, ii not changeable

of other nations, it ha* been the tnie gtory of the (J
tad States to cultivate pesos by observing juttica ; and
to entiUa tbemselven to the beeped of the natifFnt at
war, by tulGlling their neutral obligationt with the inoit
scrupulous impartiality. If there be candor in the
world, the truth of these assertioni will not be qatt-
tioneil ; posterity, at least, will do justice to thrni.

Thia unexceptionable course could not avail agsinit
the injustice and violence of the belligerent Poweia.
Id theiF rage againit each o^er. or impelled by more
direct motives, principles of retaliation have been intro-
duced, squall; conlrar; to universal reason and ac-
knowledged Uw. How long their srbitrary edicts wUl
be continued, in spite of the demonstrations that not
evsn a preleit for them has been given by the United
Slates, and of the fair and hbsn! attempt to induce •
revocation of them, cannot be antidpaled. Aaauring
myself, that, under every vifisaituda, the determined
spirit and united BOnncils of the nation will be *sii»-
guarda to its honor and its eaaentjal interests, I repair
to Uie post assigned me with no other ^saouragiimeDt
than what springs fiom my own inadequacy to its high
duties. If t do not sink under the weight of thia deep

To eberiab peace and friendly interconraa with all
na^na having eorreapondent disposillona ; to maintain
rineere neutrality towards belliger^tt nattociB ; to pr»
l«r, in all cases, amicable ditcuaaion and raaaonabla
accommodatioB of difletences, to a dseiaioii of them hf
an appeal to armr; to aielnde breign intrigues a»d
foreign partialities, so degnding to all conntiiaa, and
so banefil to free ones ; to faster a spirit of indepen-
dence, loo juat In invade the rights of others, too proud
to surrender oi)r own, loo liberal to indulge unworthy
prejudices ourselves, and too elevated not to look down
upon them in others ; to hold the union of the States
aa the basis of their peace and happiness; to suppori
the Constitution, wliich is the cement of the Union, aa
well in its limitations as in it* authorities; to respect
the right! and authorities reserved to the States and to
the people, ai equally incorporated with, and eaaential
to the success of, the general system ; tp avoid the slight-
est inteiftrence with the rights of conscience or the
fanctionaofreligion, BO wisely exempted fi-om civil juria-
diction ; to preserve, in their (tilt energy, the other aal-
ntar; proTisions in behalf of private and peieonal rigbts,

and of the freedom of the

lo cdjaerve economy in

public expenditures ; to libstale the pnlilic resources bj
an honorable discharge of the puUie debts; to keep
within the requiaite limits a standing militsTT forcv,
alwaya remembering that en armed and trained militia
ia thefiruiest bulwark of Bapublica; that without Btand-
ing sTHiiea their liberty can never be in danger, nar with
large ones safe; to promote, by authoriiad means, im-
provements friendl; to agriculture, to mannfacturea,
and to external as well at internal commscce ; to &Tor,
in like manner, the advuiccment of acience and the
diffusion of infbrmatioo, as the best aliment to true lib-
erty ; to carry on the benevolent pIsnsVhich have bean
■o meritorioualy applied to the convrsioo of our abori-
ginal neighbors from the degradation and wretchedneaa
of savage life, to a partdcipstion of the improvement* of
which the human mind and mannara are lusceptible in
a civiliiad atste ; — aa far at aentimentt and intentioo*

.yGoogIc

465

mSTORT OF CONGRESS.

466

March, 1800.

SsHA-n.

sDch Bi those can ud th« faUUmeDt of mj (Inlj, the;
will ba • resonite wjiicb onnot ftil ma.

It u my good IbrtDne, monoTei, to h>TS the p«fh in
which I un to tread lighted bj eiampln of iUuitrioai
•BTviccB, auccsiifully rendered in the moiit tryiqg diffi-
culties, by thoie who have marched balbni me. Oflhoaa
of my immediate predsceaaor it might least become me
here to speak. I may, howerer, be pardoned for not
suppressing the lympathy with which my heart a ' "
in the rich reward he enjoya in the beaedictiona
beloTed country, gratehilly bestowed for exalted talenti,

xesjoudy deioled.tbrODgh along career, to the adrr

ment of ita highest interesl and bappinen.

But the aource to which I look for the aida which
klone can lupply my deficienciei, is in the well-tried
intelligence andTirtne of my fellaw'Citiiena,and u
counsela of those repMHienting (hem in the other depart-
meuts associated in the care of the. national interests.
Id these my confidence will, aniler BTiry difficalQr, be
beat placed, next to that which we have aU been eiKoor-
Bged to feel in the guardianahip and guidance of that
Almighty Being wh^ power regulates the desttny of
natiooB, whose bles^ngs hsTS been ao conipicnonily
diapenaed to thi* rising Republic, and to whom we are
bound to addreaa ooi deroot gratltade fin the past, as
well as our ferreQt nipphcalions and best hopes for the

After which, the oath pTetcribed by law was
■dmioialered to i)^ Pbesidbnt op the United
States, by the Chief Justice.

The President of ibe United Siatnlbeo retired.
sod (he Senate repaired to iheir own Chamber.

Ordered, Thai Messrs. AKOERaoH and Bavaho

be K committee to wait on the Ptesideot of the

Uoiled Slates, and notify htm that the Senate are

• ready to receive any communioations tbatjie may

be pleased to make to them. '

HoitDAT, March 6.

Francis Malboni, appointed a Senator by (he

Legislature of the State of Rhode Island, for six

yea'ts, commencing on (he fourth instant, attended,
and produced his credentials; which were read.

The credenlial) of RioHAan Brekt, appainied
a 3eDa(ot by (he LegialB(ure of ihe State of Vir-
ginia, for six years, commencing on the fourth
instant, were read.

The oath required by iaw was administered to
Messrs. Brent and Malbone, respeciirety.

Od motion, by Mr. Robinson,

Betolved, That the Secretary of the Senate be
authorized to pay, oucof the contingent fund of this
House, to Oeorge Thomas. Waller Reynolds, and
Tobias Simpson, the sun of Gfly dollars each, in
addUion to their annual compensation.

Mt. Andebson reported, from ibe committee,
that they had waited oirihe President of tbe Uni-
ted Slates, who informed (hem (hat he shofild thia
day make a eommunicaiion to (he SeDB(e,

Soon Brier,acommnDicaiioti WaareceiTCd from
the Presidenl of the United Slates, submilting
sundry nominations to office, which were moally
confirmed.

ToESDAi, March 7.

The Fbebidint laid before the Senate a eom-
municaiion from GoTernor Huntingdon, enclos-
ing a resoIutioD passed by the Qeneral Assembly
of Ibe S(ale of Ohio, approving the measures of
the General GoTerniient; which was read.

Af(er the copsirle ration of Executive business,
Messrs. Bataso and Reeo were appointed a com-
mittee to wait on the President of the United
States, and notify him, that, unless be may have
any furthec communication* to make to them, the
Senate are ready to. adjourn.

Mr.B»TABD reported, from the committee, thai
they had waited Upon the Freiidentof the Uniied
States, who informed tbem that he had no further
communicationsto make to them. Whereupon,

The Senate «djoarned without day.

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DiBiizod=,Google

PROCEEDINGS AND DEBATES

HOUSE OP REPRESENTATIVES OF THE UNITED STATES,

MoNDAT, Norember 7, 1808.

Tbia beiog the day ■ppoioted bv law for the
meeiiDKoftbe pment Bession,thE folio w i ug mem-
ben or ifae Houie of RepreseDlaiives appeared
and took tbeir seata, lo wit :

Frma fieui ffantpthire — Duiini M. Durelt, Fmnei*
Gudnec, Jedediah K. Smith, and ClamCDt Slorar.

From MiutaiJiuielii — Ei«kielBacoD,Jo«eph Batkar,
OnJiird Cook, Aicbaid Cutu, Josiah Dnot, WilLum
Elj, luiali L. Green, Daniel lEslej, Edward 6L Loe
Lirennora, Joaiah. (Jaioej, Ebenezer Seaver, William
Btedmui, Jabai Upham, mai Joaepb B. Varuum, (tbe
apeakeT.) .

From Rhode Iilartd—Jnac Wilbour.

From Cmneelicui — Epapbrodkaa Chamjnon, Sani-
nel W. Dans, John Davenport, jr., Jonathan 0. Hoaa];,
Timothy FitjiiD, jr., Lowia B. Sturgea, and Benjamin
Taltmadga.

From Vtrmont — Martin Chittandan, Jamea Blliot,
an<I Imxota Fiik.

Frami NttP York — Jabn Blalie. jr., Jobit Bairii,
B«Dbeii Hnmpbieja, William Kirkpatrick. Gurdon 8.
Hninford, Samuel Riker, Jobn Ruaselt, Fetei Swart,
John Thompwm, Jamaa I. Van Alen, Killiau K. Van
Rcuaaelaet, and Daniel C Vcr^anck.

FroTK New Jrrtey—Adua Boyd, William Helma,
iobs Lambert, ThomM Newbolif, janiei Sloan, and
Henry Southard.

From PemtiVhania — DaTJd Bard, Robert Brown,
'Wmiam FiDdle?, John HeiMer, WiUiam Hoge, Wil-
liam Miloor, Daniri Manlgomeir, jr., Jdbn Porter,
J^D Fa(A, John Rsa, MatlhiuRidiarda, Joho Smilie,
SaoiiMl Smich, and Robert WhitehlU.

From JHoryJofid— Charlea Ooldaboroagh. William
McCrceiy, J<nn Montgomery, Nidudaa R. Hoora, and
Archibald Tan Ham.

Prom VWginifL — Bnrwall BaiMtt, WtUiam A.
well, John Ulopton, John Daw^n, John W. Epp**,
Jamea M. Gamett, Peteram Goodwjrn, Edwin Gray,
DaTid Holmea, John Q. Jackiun, Joaeph Lewie, jun.,
John Loie, John Morrow, Thomaa Newton, John
Smith, Abraham Trigg, and Alexander Wilaon.

From Kentucky — Joseph Deaha, Benjamin Howard,
and Richard M. Johnion.

FVom North Carolina-'WilUt Alston, jr., William
BhcUedge, Thomaa Blount, John Culpeper, Nath-
aniel Macon, Lemnel Hawyer, And Kchard Stanford.

From TtnruMte George W. Campbell, John Rhea,
and J<Ma WbBiton.

'ilUan__.

From Cfor^'o— William W. Bibb, and George M.

PVoBi' Ohio — Jeremiah Morrow.
FromtluMurunppi Terrtiory — George Foindeiter,
Delegate.

Two new members, to wit : Nathan Wilsok,
turoed to serve in this House as a meuber for
New York, in the room of David Thomas, who
bath resigned his leatgaud TBOMAa Oholson, jr.,
'turned lo ^erve as a member from Virginia, ia
le room of John Claiborne, deceased ; appeared,
produced their credentials, and look thei

the He

And a quorum,.CDnsisC
whole number, being pre
ceived from the Senate, i[

ng of a majority of the
jent, a measage wasre-
formine tbe House that

loproceed to business ; the Senate have appointed
acommiltee on their part, jointly, with such com-
mittee aH may bo appointed on the part of th^
Honse, to wait on the President of the United
States,, and infoim him thjit a quorum of the tno
Houses is assembled, and ready lo receife any
commnnicaiiona he may be pleased to make to
them.

The oath or affirmation to support the CoDstJ-
luiion of theUnked Slates was then adminisieied
to Mr. Nathan Wilson aod Mr. Gholbon, by
Mr. Speaker, according to law.

Ordered, That a message be sent to tbe Senate
to inform them that a quorum of this House u
assembteiL and ready to proceed lo business; and
that the Clerk of this House do go witli the aaid
message.

The House proceeded to consider tbe resolutioo
of the Senate for the appoioiraenlof a joint com-
mittee of the two Houses to wait on thePreaideni
of the United States aod inform him that a quo-
rum of the two Houses is assembled, and ready
lo receive any comraunicaiion be maybe pleased
to make to them : Whereupon, the House agreed
to the said lesoluiioni and Mr. Macon, Mr.
Q.niNCT,and Mr.McCHBEBT, were appelated th«
their part.

.yGoogIc

471

HISTORY OP CONGRESS.

472

H. or R.

Standing CommiUef.

NOVBHBBR, 1806.

Mr. Macon, from the joiat eommideeappoinled
to wail on ibe PreEident of ihe Uniietl Stales, and
inform him that a quorum of the iwo Houiea U
Miembled, reported that the committee had per-
formed thai service ; and that the President aig-
nified to them be would make a communicacion,
in wrilins, to this Hou^e, to-morrow at iwelre
o'clock, by way of Me^pge.

Oamoiian of Mr. Shilib,

Retolved, That ike Clerk of thb House cause
the members to be furnished, during the present
session, wilb three newspapers to each member,
Mch a* the mmabsrs shall reipeeliTely choose, lo
be delirered at iheh lodgings ; and that ihe clerk
be directed to procure such papers from any num-
ber of offices that ihe members shall elect: pro-
vided, the expense does not exceed the amount of
three daily newtpapere.

And then the Hoii?e adjourned until to-morrow
uiorniDK cle* en o'clock.

TcESDiv, Novembf^r 6.

SeTeral olhet members to, wit ; from Peonfyl-
TaoiB,lACD8 RicBAHM ; from VirKinia, Mattbew
CLAT,aDd Waltbh JonsB ; and from Souih Car-
olina, Robert Mabion ; appeared, and took their
seals in the House.

A new member, to wit: SahdelSbaw, returned
to serve in this House as a member from the Slate
of Vermont, iu the room of James Wiiherell, who
has resigoed his seal, appeared, produned his cre-
dentials, was qualified, and took bis seat in the

A message from'Ihe Senate informed the Houne
that the Senate bAveresoired that two Obaplains,
of different denominations, be appointed to Con-
grets for ibepresent session, who snail interchange
weekly; to which they desire the coBcarrenceof
the House.

The House proceeded to consider the foregoing
resolution of the Seoate, and it was agreed to. '
- The Speaker laid before the House a letter
from the Governor of the State of Pennsyl,vaDia
enclosing a letter to him from Josefh Clay, thi
Reprefceniatire for (he district composed of ihi
city and county of Philadelphia, and county of
Delaware, in the said State, containing his resig-
nation ofa seat in this House; also, a proclama-
tion of the said Governor, and a certiGcale of (he
election of Bbkjauik Sat, to serve as a member
for Ihe said District and State, in the room of the
said Joseph Clay j which were read, and referred
to the Committe* of Eleetioos. r

The SpEAiEaflaid before the House a letter
from the Speaker4f the House of RepresGD tali ves
of the Mississippi Territory, accompanied wiih B
memorial of the said House of Representatives,
praying a revision and amendment of the laws
relating to thesaleof the lands of (be United Slates,
ai far as relates to the instalments due, and to
become due, for the lands purchased by seilli
in the said Territory ; also, that the provisions ..
a bill which was depeadins before this House ai
Ihe last session, for theesiablisbmeDtof a Federal
Court in that 'Territotr, maf not be enacted into

law. for the reBsoDs iberein mentioned. — Read
and referred to (he Committee on the Public

A motion was made by Mr. Rbea, of Tennes-
that the House do agree to the following res-

oluti<

Saohed, That the order hereto (uljoined, be insMt-
ed amonK the tuIm and order* of this Hanae :

Ordertd, Thit > standing committee, to consiat of
one membar flom each State, Iks RepreMittati*ei or
Representative Oom nhicfa may or ahall attend, and to
bo itjled " the Committoa of the Poet Office and Post
lowta," aball be appoinlad, whtiae dntj )l shall be 10
ike into consideration all such inaltecB and ihitigl
touching the Post Office and Poat Roads of the United
States, M sball ba presented, or shall or may coma
'n queation, and be referred lo them by the House,
ind to report tbereon ; and alio lo rspoit nicb altera-
tion! and amendments to the laws concerning the Poat
Office and Post Hoada aa may become necessary.

The motion was read, and ordered lo lie on the
table.

A Message was received from the Fbebidbht
' TBE Ukitfd States.

The House proceeded in the reading of the said
ieasage, aod the dooamenti which accompanied
e same, and made some progress therein ; when
I adjoarnment was colled for: WherEUpOD, the
rther readins was postponed unlil to-morrow.
[For this Message see Senate Ptoceediugt, of
this date, anli, page 11.]

STANDING COMMITTEES.
The following Committees wer« appointed,

areeabljr to the staoding rules and ofdera of the
juae, Tiz :

Committtt t^ EUctioni'—Mt. PiitDLBT, Jifr.
David R. Wiluakb, Mr. Clay, Mr. LAa»ERT,
Mr. Blake, Mr. Stdhobs, and Mr. Elliot.

OowunUUeofGaim* — Mr. HoLUB8,Mr.PiTB:i(|,
Mr. Sbater, Mr. JoailSON, Mr. HDiiFBBETa, Mr.
Bbown, and Mr. Bdtler.

Committee of ComTnertx and Mam^aeturet-~
Mr, Newton, Mr. McCbeebt, Mr. Cdttb, Mr.
Marion, Mr. Dana, Mr. Mdhpobd, and Blr.
Porter.

CommilUe of fVayi and Meant — Mr. Qsoaoi
Wasbinotok Campbell, Mr. Willib ALaTOit,
Mr. Efpbb. Mr. Smilib, Mr. Tallmamb, Ur.
FisK, aud Mr. John Montoomebv.

Committee on the Public Land»—tit. JfiRBMiAa
MoBBOw,Mr.OaonwiM,Mr. RDBBBLL,Mr. Botd,
Mr. £lt, Mr. Bibb, and Mr. Howabd.

Committee ofSeriMai and (/n/tnt«Aed Bkbumw

Mr. ClOPTON. Mr. VAN-REMBBBLABB,«Dd Mt.

Ddbbl[_

CommitCee ef Accomiff—tAr. NicnoLaa R.
MooBB, Mr. Stbdmak, and Mr. Milnor.

Ordered That a Committee for the District of
Columbia be appointed, pursuani to an addf tional
rule and order of the House, agreed to on the
twenty-seventh of January IbkI ; and a commiilee
wasappointed, ofMr. Lewis, Mr. Vam Hobm, Ut.
Soutbabd, Mr. Blaokledoe, Mr. Rea of Peno'
sylvania, Mr. Lemuel J. Al#tmi, and Mr.
Wharton, -

doyQOOgIc

473

HISTORY OF CONGRESS.

474

IIoTGtfBBa.1808.

Maim la- Repeal th& Embargo.

H. opR.

Wbbvbhdat, NovmilMr'O.

Anolher membn, lo wit: Robert Jbhkihs,
rram Pennif Ivaaii, appeared, and look hii aeat io
tbe House.

The Hoose proceeded iDihereadiDfrofthedocii-
menl? accompany in g the Pre^iidenl's Message;
which being eooctudM, onnioiion of Mr. Dawson,
ihejr were referred, logpiher with the Messase, to a
CotDraittecoftheWhoIeoa theatalEoftheUnioQ,
■nd ordered to be printed.

On the question as Io (he Dumber lo be printed,
it was TDOTed by Mr. Fmk, and seconded by Mr.
DAn», that ten thousand copies be printed. Neg-
atwed by a considerable raajorily.

PiTe thousand copies were than ordered to be

The Hoase was then cleared and the door$
closed, for the purpose of reading the confidential
part of the Presideot'fl Message.

After the doors were opened, a resoldtion yes-
terday laid onlbetableby Mr. Rhea, for appoint-
ing a Committee of Post Offices and Post Roads,
to consist of one member from each Slate, was
taken up and agreed Io. The following genlle-
tneQ compose the Cummiltee: Mr. Rbea of
Tennessee, Mr. Greek, Mr. Chtttgndeh, Mr.
Davenport, Mr. Stabpobo, Mr. Calhouk, Mr.
Thodp, Mr. Debha, Mr. Wbitehill, Mr, Nbw-
BOLB, Mr. Vehplahck, Mr. Pdou, Mr. Stoher,
Mr. Jgbbmiar Morrow, Mr. GoLnaBOROCOB,
Mr. Natbam WrLsoN, and Mr. Wilbour.

Thdbbdah, NoTember 10.

ScpeTBl other tBenberii, to wit : from Virginia,
WiLaoH Cart NicaobAH and John RAiinoLPR;
and from North GaroJiai, Jaheb Holland ; ap-
peared, and took their setts In the House.

On motion of Mr. Lswis,

Ordered, That the memorial' of sundry pro-
prieiocB of Washington, Fclative to the snMifis-
lon of squares and lots in the said oily, aod admi
line the aameto reeord, presented tne fourteenth
of March, one thousand eight hundred and
be referred to the Conunittw for the Distrii
Columbia.

K meaaage from the Senate faforised the Hoose
that (he Senate hare proceeded to the appoint-
ment of a Chaplain to Congress foi the present
aetiiDn, on their part; and the Rererend Mi
BixioTT hath been duly elected.

The Uonse then praceeded, by ballot, to (he
appoiaimenc of a Chaplain to Conj^rsa, for the
present aeation, on the part of the House ; and.
upon examining the ballots, a majoriif of the
Totes of the whole House was fonnd in favor of
the Rev. Obadiab B. Brown.

Mr. Pobter presented the petition ofa nnmber
of merebantx of Pbiladelphia. prayingVthal the
bill giving an extension ofpTcdit on reTenue bonds,
be aroended ao as to include bonds gipeo for du-
ties on goods imported since the passage of thai
law; and for which it doea not provide.— Referred
to the Committee on Ckimmerce and Manufac-
tnie*.

Mr. Soutbabd presented the petition of Ste-

phen Sayre,prayiDgfarther compensaiioQ for ser-
vices rendered the United Slates by negotiation
in the notih of Enrope ; which he moved to re-
fer Io the Committee of Claims. The motion
was negatived; and on motion of Mr. Holheb,
' e petiiioo was rejected, without a division.

MOTION TO REPEAL THE EMBARGO.
Mr. Chittenden said he rose with considerable
diffidence. 10 offer lo ihe House a resolution on
lubject of the embargo. Having nilnessed
the feelings heretofore excited by a similar pio-
— sition at the last session, he said he would as-
re geallemen that he bad no abject io view but
bring the subiect before the House, and excite
air and liberal discussion. He had hoped that
e siiDatioR of our affairs would ere this bave
iihorized the removal of the embargo. Disap-
pointed io this, he felt it a duty which he owed to
' I consiilueais and to the natioo, to endeavor to
cit an expresinOD of the opinion of the House,
prevent ruinous speculaiioOs, and to relieve the
lion from suspense. The measure had now
been io operation ten or eleven months, and he
' not perceived the good effects resulting from
The itnpoTtaoce ofibis subject, its interesting
nature to liis coosiitueois, wbo, in addition lo the
moo safferings, had the extreme mortification
of being represeuted as in a slate of iosurrection,
must be ao apology for his coming forward at this
early period oo toe subject of the embargo. He
then offered ihe following resolution:

Staohed, That the act p«n«d attk« lutsaMion of

igress entitled "Aa act laying an ambargo on all

■hipsand vaHeli inthapoEta and haibonorthe Unjlad
States and the several ads lUppiementUT and addi-
' iDal thereto," onght to ba imniBdiataly repaaled.
On the question whether the House will agree
< consider the resolution, it was decided in the
affirmative — yeas S3, nays 9, as follows:

YiAi— Lemuat J. Afston; WiUis Alston, jnn., David
Banl,iCMeph Barber, Borwell Bsssett, Williani Black-
ledge, John Blake, iuniar, Robert Browo, WUllam A.

Borwell, William Bntler, George W. Campbell, Bpa-
phrodituB Champion, Martin Chittenden, John Culpe-
per, John Savanpoit, jun., John Dawson, James EIHot,

WiUism Findle;, James Fisk, Methtxk Franklin, Pnn-
da Gardner, James M. Oamatt, Thomas Gbolron, jnn.,
Charlea Goldiborongh, Peterson Goodirfn, Edwin
Oray, Iwiah L. Qteen, John Haltia, John Haister,
William Helms, WiUiam Boge, David Htdmea, Ren-
ben Hnmphreji, Daniel Ililey, Robert Jenkins, Waltar
Jones, William Kiikpatrick, Joseph Lenii, juD., Ed-
ward St. Lm Livermore, Edward Lloyd, John Lora,
Nathaniel Macon, Robert Msrion, William McCreoty,
William Milnor, Nicbolsa K. Moore, Jeremiah Momiw,
Jonathan 0. MoHly, Gurdon 8. MumforiJ, Thomas
Nawbold, Tfiomoa Newton, Timothy Pilkm, jun.,
John Porter, John Fugb, Josiah QotBcy, John Rea
of PennsjilTin's, John Kheaof Tennessee, Jacob Rich-
ardi, Samuel Riker, John Rnssell, l.emuel aawyet,
Bamoel Shsw. James Sloan, John Smilie, Jedediah K.
Bmith, John Smitb, Samnel Bmitb, Henry Sonthard,
Richard Stanford, Clement Sterer, Lewis B. Sturgaa,
Pater Swart, Benjamin Tallmadga, John Taylor, John
~ Jabas Upham, Jatosa L Van Allen, Arebi-

.yGoOgIc

HISTORT OP CONGRESS.

H. OP R.

Motion to Repeai the Embargo,

NOTBHBEH, 1808.

bald Vtn Hom, Daniel C. Vsrplanck, Jene WbartoQ,
Robsit Whiuhill, Uuc WUbour, nail Natbaa Wilton.
Naii— WilliMm W. Bibb, TbDoias Blount, Adam
Bojd, Joaeph Calhoun, John Clapton, Joaeph Deiha,
Abrun Trzgg, Geprge M. Troup, and Alexander Wil-

Mr. Chittenden thea moved, that il be re-
ferred lo the Conimiuee of ihe Whole House
on the slate of the Union, to whom was referred
the Presidem'a Message.

Mr. Macon had no objection lo a fair discus-
aioD. If ihe laws were wrong, and productive of
DO beneflcial effect, ihey ougiit lo be repealed.
He suggested to the genileman, however, [he
propriety of moving a reference lo a Commiitee
of the Whole, other than that ou the state of the
Union.

Mr. Cbittenden so modiSed his motion, and
it was agreed to refer ibe reiolution to a Com-
mittee of the Whole.

On Ihe quesiion far whal day it should be the
order, Mr. Chittenden moved to morrow.

Mr. Smilib aaid, he had do objcctioD to meet
this question, but not at so earlj- a period. From
the general slate of our foreiga relations, he
thought the resolution was ill-timed. Whal
could the gentleman mean by hringingthis dis-
tinct question now before the House? Does he
mean, eaid Mr. S., that we must repeal the whole
of the embargo system, and substitute DOthing in
(he room of itl Certainly, if hit intention may
be judged by the manner in which the subject is
brought forward, he means this. If he does, I
wish hint lo come forwatd and tell us so ; tell ua
(hat he and hia constituents are willJDg to pay
tribute and submit; that they will surrender the
iadependence of their country. To consider this
motion now, unless s substitute for the embargo
were propoied, Mr. S. said, he could not agree.
He therefore looved that it be made the order of
the day for Monday week, la the meaniimcihe
took it for granted that- the Presideni'a Message
would become the subject of consideration, and
the House would be prepared to say what course
it would pursue.

Mr. W. Alston objected to the mode in which
the subject had been now introduced ; and siig-
gested that it would' have been more respectful
to the President 6rst to have considered the Mes-
Mge. But since the gentleman had thus brought
forward the question of repeBlIng .the embargo
law, he was ready to meet him on bis own ground
(o morrow. He trusted it would then be seen in
■what quartet and from whom the opposition to
the eiecution of the measure had arisen, and the
desire for its removal now proceeded.

Mr. Dana presumed the gentleman from Ver-
mont was perfectly competent to show the mo-
tives of his actions and the object be had in view
without the assistance of the gentleman from
North Carolina. Really, commencing the public
business in this manner d!id not bode auspiciously
to its progress. As a reason for now brinjing
this subject forward, Mr. D. reminded gentlemen
of a fact which in the fulness of their zeal they
teemed wholly to have overlooked— that ike sea-

was fast approaching when, the nsvigaiion of

the northern portion of the Union would be locked
p. If the embargo was to be removed at all, it
ras of the utmost' importance that it should be
done promptly ; that it should be decided wiiltia
a fortnight from this time. And whether it
should be removed or not^ it was of importance
to know the opinion of this body. Need gentle-
men now be told that in almost all the ports of
the Union vessels were preparing for sea? That
some had even bent their sails; maay having
taken cargoes on board? These now re mainM
in a state of suspense, and a stale of suspenaa
always gave birth to perpetual apecuialions. To
put ■ stop to these speculations, it was oeeessarr
that a decision of the question should be had.
How it should be decided at the present time
Mr. D. said he did not undertake losay. The
people should know, as aoon as practicable, con-
sistently with the decorum of Legislative delib-
eratioa, the decision of ihe House.

As to the question asked by the genileman
from Pennsylvania (Mr. Smilie,) as to paying
tribute, and as to the gentleman who proposed
the tesolutioD being willing to pay tribute — if the
zeniiemaD wanted to know the spirit of Vermont,
Mr. D. ri;ferred him to ihe history of the Rero-
lutionaty war. Let Uie gentleman see if, for
her numbers, any other State gave, the enemy
more bloody battles. Let him then suppose ihe
geollemnn frora Vermont to differ from the masi
of his fellow-citizens whom he represents. Mr.
D. censured these insinuations as indecorous in
the extreme. Mr. D. said ifae pTeseol motion led
to a questioD of serious moment ; and when they
came to a decision of~it he wished it to he done
by comparing their opinions fairly, frankly, and
decisively, if necesrery; and that they might
unite in taking the coarse which would 'Seat
maintain the rights and preserve (he honor of the
nation. On the question at the raising of the
embargo, it was neoeisary, however, that there
should be an auLheritBliv& decision one way ot

Mr. Elliot said it might for aught be knew be
considered disrespectful to the President to urge
the immediate agiiaiioa of this momentoiv quea-
Lion ; but if it were so, a forbearance fiom «o
doing on that account would be a respect incoo-
sislent with the independence of sentimeol which
elevates and warms the character of an indepen-
dent people. He had read somewhere in the
works of celebrated newspaper civilians of this
country, that "oppugnaiion" or even diireapect
were treasonable ofienees. He hoped no gentle-
men here meant to advance the doctrine that
disrespect partakes of the nature of treason.

Mr. E. then spoke of a resolution which be bad
intenilei) to have offered, and which he described,
as leading to an inquiry into the mode in which
the embargo law had been executed.

Notwiihstaading the insinuation of the gentle-
man from North Garotioa, (Mr. Albtoh,) which
DO one could mistake, noiwiihstandiag whole
volumes of newspaper denuaciation, Mr. Elliot
said he trembled not for the chataciet of Ver-

.yGooglc

BISTORT OP CONGRESS.

NOVBMBBB, 1808.

BxeaUion and Evationt t/tke Embargo Lamt.

moDt. The great body or tti« pmple of Vermoal,
though hostile, as he hrmly believed, to tbe whole
system of the etDbarso, bad manifested a degree
of patriotism that bad not been exceeded by any ;
they had nerer failed, when called upon, to march
to the frODliers and enforce ibose laws wbieh
they disapproved.

He thought it due to the eharacler of the na-
lioD to investigate thui lubject; the conatilaiion-
alily of the laws, the propriety of their coatiou-
ance, the manner in wbich they had been carried
into execution, and the manner in which they
bad been evaded. Whilst he did not with to
precipitate the discussion, much less tbe deeision,
yet be tbouftbl tbe day roeuiioned by tbe genile-
man from Penqsylvaaia was too duiant. The
people had cettaialy Looked forward lo the raeel-
log of CoDgresa with coniiderable solicitude, as
much excited hy the embarg|0 system as by tbe
situation of our foreign affairs. The people of
the United Stales, (said he) do not believe that
tbey are called upon to decide between tbe em-
bargo or war. We who originally opposed the
embargo lair, believing that it would he luinous
to the nation, are under no oblinlion to propose
tbe substitute wbicb is called tor, and which we
would have proposed, though it would not bare
been adapted, bad not the embargo been put into
operation. Mr. E. apologized for his warmth on
this subject by all^ni; the sensibility he bad felt
at tbe allusion of tbe gentleman from North
Carolina.

Mr. Alston explained that be had not aaid or
meant, that it would be seen from ''what quarter
of the Uaion" opposition came.

Mr. Macom could see no advantage in post-
poning a decision of the question, bekDg himself
ready lo meet it at any moment. The verv pro-
position of tbe resolution would excite all tbe
attention of tbe seaports, and awaken all their
anxiety. He thought it out of order now to dis-
cuss the merits of the question.

Mr. TaoDF said be felt himself bound at all
times to treat with the greatest delicacy all mo-
tions and propositions of an ordinary nature.
But there were. times in which bis feelings com-
pelled him to depart from the ordinary rule. This
was one. He bad voted against tbe eODsideralien
of tbe resolution because he would reject, with
that indignity wbich it deserved, an abstraet pro-

Eosilion at this lime to remove tLe embargo ; and
ecaose he thought a prompt rejection would
mark to tbe foreign world the temper of tbe
country. He suggested, since it was to be dis-
cussed, that the discussion should be postponed a
while lutil time was given to digest the volumi-
nous mass of documents laid before them. For
in these documents were contained the best argu-
ments in favor of the embargo.

Mr. Eppes was willioff to vote in favor of the
commitment of the motion ; but did not wish thi
delusion aoder which some portion of tbe peopli
ef tbe United Slates labored should longer con
linue. He wished them to undetstaod what
couise would be pursued. If, said be, it be the
opinion of the Repieseota lives of toe nation

H. or R.

that the embargo should be taken off, and no
other measure substituted, tbe majority governs
in a Repoblic, and! should, with every good citi-
zen, nubmit to its decision ; but I shoald ever
feel for th« eternal disgrace of that nation of
wbiefa I should then feel it a misfortune to be m
member. As it is my opinion that should ib«
^mba^gb be raised, other measures ought to be
adopted, whether I meet with the support of the
House or not, I Will at least evince to the people
whose TepresentaIiT« 1 am, that t will not submit
10 British or French tyranny, but hand down to
their posterity unimpaired that liberty wbicb
their forefathers so nobly achieved.
Mr. B. then proposed the following reaoluiioiti,
an amendment to Mr. CHiTTDNOEif'e motion;
" Re»ohed, That, from and after the day of

— next, si! intercoune betwesn the United States
and Qreit Britain, Its iilandi and dependeDciea, aught

" Raohei, Thst, from and aflei the Akj oi

— neit, all inteicoum between the United States
and France, its islands and dependencies, onght'.to

le nd determine.

Remthtd, That provinon ought lo be made by
law for aiming and egoippiog for immediala service

thousand militia, in sddition to the force already

anthoiized by law."

The Speaker informed Mr. Effbs that these
could ooi be received while another question waa
pending, and Mr. E. withdrew them for tbs

Messrs. BLACKLEnoE, Clopton, and Q. W.
Campbell, declared themselves positively op-

;i)sed to the motion in its present abstract form.
'heir observations were of the same tenor aa
those of Messrs. SutLie, Troup, and Eppes.

Messrs. Cook and Cuttb spoke in I'avor of an
immediate consideration of ine subject, from ita
imnortaoee lo the mercaaiile interest.

The resolution was then made the order of the
day for Monday next; amotion for postponement
until Monday week having been negatived.

EXECUTION AND EVASIONS OP THE BM-
BARQO LAWS.

Mr. Elliot offered the following resolution :

Bt»ohed, That the Saeretaiy of the Treasnry ba
directed to lay before the Hoosa of KapreaeotatiTe*
copies of all instructions which have been transmitted
bj bim to the coltecton of the revenue and other offi-
cers of the United atstes, in relation to' the execution
of the act laying an embargo upon all ships and vea-
aels ia the ports and harbors of tbe United States, and
the several acts supplementary and additional thereto..

Mr. Elliot observed, that as bis sole object
was to obtain informaiion, he presumed no ob-
jection could be made to the resolution.

Mr. QuENCY said it certainly was not his in-
tention to make any objection to tbe resolution,
on the contrary, he was happy that it bad been
brought forward. His mind had been turned to
the same subject, and he suggested lo the genlle-
mao from Vermont whether bis resolution com-
prised all the information wbich might be desi^a-
Die. Mi. Ci. said for himself he should wish to

.yGoogIc

179

HISTOBY OF CONGSESS.

4S0

Execation and £«a«ioM of tike Embargo Laat.

NoTBMMi, isoa.

sN all ihe iDairuciioDs gireo, not onljr bf ihe
Secretary of tbe Trcaiur^j but by aajr bead of
■ay department, to any civil or miliiary ottcer,

had in view would be answered by ihe'rnolutioD
4t it now Blood. Tbe calling for such s mass of
mailer migbt delay the productioa of the part
which he wished immediately to obtain.

Mr. LovB ihouffbl ibat the calling for iheie in-
atruetions would be an awumplionlty Ibe Legi>-
laiure of the fuDeiioni of a de«rimeDt with
which laeyhad no conDeziao. Thdr buaineM
was to enact laws; the execution of t boss lawn
wa* confided to another departraeiM. If there
had been an infraction of the Caoaiiluitoa or
laws by that deparioient, there was a Cooiitilu-
tionaL mode of redress.

Mr. D. R. WiLLiAHa utid. as the retoluiion
went to call for ioformatioo, ne felt solicitous lo
enlarge iiiicopeby an amendment which he held
ia his hand. [Mr. Elliot said be had no objec-
tion to such an amendmenL] Mr. W. said the
gentleman perhapa might not apprure of tbe
amendment when he Mard it read, it was in
these words:

"Also, u fsT ■■ practicabla, the nantM and places of
Tfddeocc df inch person* as haie bean dstectad in Ti».
lating the Mnbaigo laws."

Mr. Blliot coniented to the amendment.

Mr. Dara said, on the general merits of the
resolution, hsving information for its object, he
should not suppose that it was to reprebeosible
as tbe genliemao from Virginia (Mr. Lots)
seemed lo tbink it. They were placed la an ua-
fortunaiesltnaiioD indeed if th^ could never ask
for information, except tbey would first accuse
aome one of the Departments of misconduct.
He really hoped thegenileman did not wish tbem
to become accusers before they had information
on which an accusation could be formed, or to
prefer complaints before they knew of what to
complain.

Mr. Love taid, as be uuderslood therewdation,
it atood on the broad gruaad of an inquiry into
the manner in wbicb ibelaws had been executed,
and that it was irarelJing out of ibeir province.
He waa not opposed to receiving ioformatioo;
but he could not see how juriaUiclioo on this
■object could be auumed b^ Congress. Would
they pass a law declaring void insiruetions which
bad been given? No. If, (ben, no use could be
made of information when received, he could not
see why it should be required. He wished the
gentleman to explain his object.

Mr. Elliot said the gentlemen from Tirginia
teemed to object to tbe motion, first, beuause he
wished to hear it dilated on, and secondly to know
the object contemplated by it. Though perhaps
not BO much in the habit of dilating as the gen-
tleman from Virginia, he would explain his ob-
ject, and before the sobjeci was dismissed, there
would probably be dilatation soffieicnt on it. He
hoped, notwithstanding the alarming doctrines of
late advancpd in regara to motions, that no gen-
tleman woold ever rise on this floor (o make >

motion, the sbject of which he thonld be ashamed
to declare and defend.

A great number of fteis (said Mr. B.) have
been stated to me from varions quarters in rela-
tion to the execution of (he tereral embargo
laws. Indeed, I have collected almost enough to
fill a volume, which have left Id my mind not a
paritole of doubt that the Constitution and laws
have been almost daily Tioletcd in tbe execution
of the embargo laws, and sombttmes in tbe most
flagrant manner. These facii 1 will bereafler
state to the House. It is not to be presumed,
however, because the CooBtitution and Ihe lawa
hsve been violated by subordinate officers, whe-
ther ciTil or military, (hat ih^se violations have
been authorixed by the Executive. I will not
presume it ; I hare no right td do so ; nor doe«
tbe resolution. But I think iDvery proper that it
should be ascerlsincd whether tbe officers, in
these violBilons or supposed viobtions of Ihe
Constitution and laws, are or have not been au-
thorized by initruciions received from superior
ofGeera. If, when th«^ information is obtained, it
shall appear that the statemeott which I have re-
ceived on these subjects are erroneous; that the
Executive has nol'aatborized tbe commission of
these violations which have been staled to me; I
shall certainly have nothing of which to accnse
the Executive. And if it shall even appear that
the Execntive has gone further than he should,
it will not follow that it will be either my duly
or disposition to move an impeachment. Cer-
tainly t&e Executive officer is- liable to errors of
judgment; he mav have misinterpreted his aa-
thorily, and ihus have led to violations, without
any corrupt intention. I have staled in the most
explicit manner my object: I mean not to jm-

BBch the head of the Bzeeatire or any other
epartmcnt; fbr I know not, offieiaUy. where, in
any one instance, orders have been issued which
amount'loa violation of Ihe Con *

tleman could wish, he rr
propriety of the motion.

Mr, LovB said, since tbe gentleman bad ex-
plained his object, he would withdraw his oppo-

Mr. G. W. Campbell wished the resoloiioo lo
lie on (be table till to-morrow, to give time for
further consideration. He had do objection to
calling for Information when necessary, though
he must.say, that had an^ persdns suffered by vio-
lations of the Constitution and laws, under pre-
tence of carrying them into effect, (hey had their
remedy in a court ofjustice, against (he individaal
officer perpetrating the ofienee. When brought
to trial, tbe officer would, in defence, produce the
authority upon which he acted. That authority
would be the instructions to which the gentleman
alluded ; wbicb would then properly be subjected
to a judical de«i»ion on tbeir con stitutiona lily or
legality, and the party injured tbus obtain bis
redress.

The resolution was then, with the consent of
Mr. Elliot, ordered to lie on the table.

Mr. Effeb now moved the reaolutions glvea

.yGbogIc

481

HISTORY OP CONGRESS.

Britith Ordenand FVmek Decrtt*— Embargo.

H.C

Fail

November 11,
1 ember!, to wit: rrom Masiacbu-
Tagoaht; and from MiryUod,
L ; appeared, aad took their seiu

Ktt*, Sam I

Jdbn Ca3IF

in (be Huu:

A DC V tnetnber, to wit : Ricb&rd S. Jaoevoh.
relurDed to serve m Ibis House, as a meoiber for
the State of Rbode Island, in the room of Nebe-
miali Knight dereased, appeared, produced bis
credential^ wasqualiSedj and look bia seat io tb#
Honse.

On motioQ of Mr. Livbbmobe, the House
came to the fotloiring resoluiion :

Setoieed, That the Committea of Common uid
Hwra&etDTna ba iDilraeted to inquire into the expe-
diencf of rebuilding two lLg:fat-hauses on Pliwnb Is-
Itiid, at the month of Memmack riTer, in the Stats
•f HasMcliDwtts ; and that the; report bj bill dl

BRITiaB ORDERS AND FRENCH DECREES.
Mr. BcawELL offered the followioK resolution :
•fStaoieai, That the PraddflDt oF the United State*
be requested to Isj befbie tUs House copies of the act
or acta of Pailisiiient of Great Britain eaxipng the
Olden in ConaciJ of the Utb November, 1807, iate
eSect i and also an act placing the commerce of Amer-

Mr. B. said he bad oerer met vith the doeu-
meats bere referred to. He tl^oiight il verf im-
portaai ibai they should be berore the House and
the DaiioD, that they might know precisely the
duties imposed od Ameiiean commerce) andpar-
ticularljr that they ought to have a copy of the
act placing this country on the footing oi the most
hvored nation, that it might be seen, iti carryiiig
their own produce to Great Britain, what immense
sdvaatage was given to America. If be was not
mistaken, such was the ad vatilage that the British
merchant might pay double the freight for Amer-
ican produce to be exported in British vessels to
Bogland, which an American merchant would,
aitd yet reap double the profit to be made on the
same prodace, if carried in American vessels. It
wi^ in this view he thought the production of
these papers important, ana lo have caasiderable
bearing od the queslioo of oar foreign relations,
which had been made the order of ibe day foi
Monday next.

Mr. O. W. CAifFBEi.L said he was willing to
■ee all the acts alluded to ; but he believed they
were so numerous and so contradictor* in their
nature, that it would require all the skill and in-
geouiiy of the House to discover the extent of
their operation, or la define what would be the
practice under them.

Mr. Buaw£i.u'H resolaiion was adopted wilhoQi
a division ; but a short time arternarijB rescinded,
on motion of Mr. Macon, seconded by Mr. Q,dih-
CT, with the consent of Mr. BDRWELi.,aDd the
following resolution adopted, giving more latitude
lo thecal for papers:

loUi CoH. Sd Sxss.— 16

"Stttked, That tbe Prendent of the UnifedSutes
be requested to laj before Ibis Hooss cegne* of all acta,
decrees, wders, and pmclamationi, aflecting the com*
meicial rights of neutral nations, issned or enacted bj
Qreat Britain, and France, or an; other belligerent
Power, since the year 1791 ; and also an act placing
the comnieTce of America in English ports upon tha
footing of the most favored nations."

In advocating tbe above resolution. Mr. Qoin-
ot expressed his wish to have all tnese Mpera, *
that it might be clearly Uaderstood which Powa
had commenced the system of violations of nea*
ItbI commerce.

In discoisicg (he terras of the resolution Mr. J.
a. JAaxBon took occasion to observe (hat tbe pre-
cise words were immaterial } for that every edict
violated which affected neutral commerce.

Messra. BnawELL and CoTTSwere appointed a
committee to wait on the President with toe above
reeolntion.

EMB.iRGO LAWS.
. Mr. J. a. Jaceson said, in order to meet the
proposition of the gentleman from Vermont (Mr.
Chittendgh) of yesterday, he would offer 10 the
House the roUowing resolutions :

" Reiolved, That provision onght to be made bylaw
for more effectually carrying into execution the savaral
embargo laws.

" SaokeJ, That no v«ms1 shall be allmred to depart
from one port lo another of tbe United States that does
not«iithber cargo wholly belong to a citiien or citilaBa
of the United States, and be navigated edely by citiseua
^lereot"

Mr. Jaokson said, it was not his piirpose now
to discuss the propriety of their adoption or the
principles contained in them ; but he moved their
reference to the same committee to whom was
referred tbe resolution for repealing tbe embargo
laws — which was agreed to.

PRBSIDBirrS MBSSAOE.

On motion of Mr. O. W. Campbell, the House
resolved itself into a Commiiiee of the Whole,
on thestate of the Union, Mr. Macon in the Chair.

Mr Caufbell, at'ter observing that it appeared

f roper that the several subjects contained in the
resident's Message should be referred to the con-
sideration of committees, offered the following
resolutions, which were severally agreed lo in
Committee of the Whole without a division, and
concurred in by the House:

1. Rttolved, TbatsomuchoftheMessageoflbe
Praident of tbe United States as relates to oui
relations with foreign Powers, be referred to a s«-
lect committee.

S. RetolKd, That so much of the Message of
the President of the United Slates as relates to
fottiGcalions for the security of tbe seaport towns
and harbors, be referred to a select committee.

3. Raolved, That so much of tbe Message o(
the President of the United Stales as relates to
our Military and Naval Establishments, be refer-
red to a select committee.

4, Retolved, That so much of the Message of
the President of the United Slates as relates te re-

.yGooglc

HISTORY OF CONGRESS.

No*BHBBR,180e.

Tiling aod improriDg tbe miliiis syaiem of the
United Stales, be rererred to a select commillee.

5. Raolved, That so much oC the Meassge of
the Preiideot of the United Slatca m relates lo
the disposition of surplusage of our revenue, to
improvements of roads, canals, and rivert, be re-
ferred to a select commillee.

6. Itesolved, That so much of the Message of
the President of the United States as relates loen-

. couragiog aod promoting iDlerDal ma Qufac lures,
be referred to the Committee of Commerce and
Manufaclurea.

7. Retolved, Thai ho much of the Message of
the President of the United Slates as relates to
OUT finaDces, be referred to the Committee of
Ways and Means.

Mr. Geohge Wabbinotoh Campskll, Mr.
TflOBOLso^, Mr. MuHroBDpMr.FiaK, Mr. Cbah-
riOH, Mr. John Montoomeht, Mr. Bicok, Mr.
Tatj;.oh, and Mr. Potter, were appointed a com-
mittee, pursuant to the first resolution.

Mr. Blount, Mr. BDBWEL^ Mr. Cook, Mr.
OoLDSBORacoH, Mr. RiKER, iir. Jedediab K.
Smith, aud Mr. Tboop, were appointed a com-
mittee, pursuant to the second resolution.

Mr. Nelson, Mr. DAwaoN, Mr. Tallmadqg,
Mr. HowABD, Mr. Storer, Mr. Bctlbb, and Mr.

Mr. Macom, Mr. Clay, Mr. Piitdlet, Mr.
Ddbell, Mr. Cdtts, -Mr. STDBOEe, and Mr.
JoBMSON, were apppointed a committee, pursuant
to tbefoutlh resolution.

Mr. Randolph, Mr. ftoiMcr.Mr. Browh, Mr.
KiH I PATRICK, Mr. Lambeht, Mr. Sawyer, and
Ur. Debba, were appointed a committee, pursu-
«iit to the fifth resolution.

And on molion, the House adjourned until
Uonday.

HoMDAT, November 14.

Several other members, to wit ; from New

Tork, JoBiAH Masters ; from Maryland. Philip

B. Ket; and from North Carolina, Thouab

Kenan; appeared and looli their seats in the

On motion of Mr. Elliot, the House proceeded
to coQsider the resolution proposed by him on the
tetitb Instant, which ley on the table; and the
same being again read, was, on the question put
tbereupon, agreed lo by the House, as follows :

BaoSmd, Tint the Becretaty of the Treasory be di-
rected to lay before the HouBS of BntreseQtaUves, cniiea
of all the instructions which have bEen trammitted by
him to the CoIIectcrs of the Kerenue and other oflicm
of the United States, in relation to the eiecu^an of the
act laying an embargo upon all ships anil veucla in the
ports and harbora of the United States, and the several
acts supplementary and additional thereto'; and, also,
■o far as practicable, the nameg and places of residence
of such persons as have been delected in TJolaling the
embargo lavs.

On motion of Mr. Newton,
Xetolced, That the committee appointed on
to much of the Message of the President of the

United State* as relates to the Military and
Naval Establishments, be instructed to inquire
into the expediency of authorizing the President
of the United Slates to employ Mich an addi-
tional number of seamen, not exceeding ' , as,

in his opinion, ibe public service may require;
and that the committee have leave to report bf
bill or otherwise.

On motion of Mr. Baoor,

Raoived, ThatiheCommitleeon thePost Office
and Post Roads be instructed lo inquire into the
expediency of providing by law for th« trana-
porlatton of the Message of the President of the
United States of the eighth instant, aud ihe doe-
umenis aocompaDyiog ibe same, by mail, free of
postage. ^

On motion of Mr. Rrga. of Tennessee,

Raolvtd. Tlist the Committee on Public Land*
do inquire into the expediency of laying off and
describing, by certain metes and bounds, a tract
of country to which the Indian title hath been
eitineuished within the limits of Louisiana, and
to include all the seiliemeuts withiu the said Ter-
ritory; and of having the said tract of couultf
laid off into townships and sections, half and quar*
ter sections, agreeably to the several laws hereto-
fore made for surveying ibe public lands of Ihe
United Slates ; and, also, to inquire into the ei-
pedieney of granting one quarter of a seciioo to
every free male white person who now resides

thereon, or who will, within years, actuallf

improve and reside thereon.

Also, on motion of Mr, Rhba,

Retolved, That the Committee on Public Lands
do inquire into ihe expediency of laying off and
describing, by cerlaio metes and boiinds, a tract
of country to which there is no exislinK Indian
title, within the limits of the Territory of Or-
leans; aod to include all tbe settlements on (he
west side of the river Misnissippi within Ihe said
Territory; and of having the said tract of coun-
try laid off inio toiwnshipa and sections, half and
quarter sections, agreeabl]^ to Ihe several laws
heretofore made for surveying ihe public lands of
the United Stales; and, also, to inquire into the
expediency of granting one quarter of a section
to every free male white person who now resides

ihcreon, or who will, within years, actually

improve and reside thereon.

The Spsaker laid before the House a letter
from the Speaker of the House of Represeola-
tives of the Indiana Territory, enclosing several
resolutions of the said House of Representalivea,
submitting to the consideration of Congre.ss cer-
tain propositions which they pray may be adopted
for the convenience and benefit of the inhabitaoti
of that Territory. — Read, and ordered to lie on
the table.

On motion of Mr. Blackledob, tbe House came
to the following resolution :

Reaalved, That tba Committee of Commerce and
Mnnufacturea bo instructed lo inquire into the expe-
diency of authorizing the President of the United
Stales to employ en addilional number of revenue
cutters; and Uiat tfaej report by bill or otherwiae.

.yGoogIc

48S

HISTORY OP CONGRESS.

NOTMBBR, IS08.

Iniatid Navigation — Embargo.

H.orR.

INLAND NAVIGATION.
Mr. Marion presentrd ihe petiiipn of ibe e
fRDy for opeoiDfihe Catawba aiid Wateree
ricers, ligoed bf J. F. Grimke, Presideci, slating
tiie einbarrasaed stale of the asiocialion, and pray-
ing that the Secrctnry of the Treniary may be
aniborized to anbscribe lo such Dumber of abates
OD account of the United States, as Cong reia may
in ibeir wJnloRi think proper.

Mr. U. moTed a reference of the memorial to
Ibe comioittee on tbal part of the PrMideat'i
Heisage relatiog to ioternal improTements.

Mr. RjkNnoLpH said, viib due aubmiMion to
the gentleman from South Caroliua^ he could doI
aee the propriety of the refereDce moved for. He
thought the peliciop was for a specific object. If
be Daderslood (ha reference of ibis part of Ibe
President's Message, il embraced a general ques-
tion, and indeed nalhinir sborl of an alteration of
Ihe Consiitution of Ihe United Stales. He could
Bot, therefore aee the propriety of referring lo it
a pelition for a specific aid.

Mr. Marion said, he was induced to more a
reference to Ibis commillee, because he bad no
doabt the memorial had been preferred in conse-
qoeoce of an idea which bad gone abroad, from
Ihe report of the Secretary of the Treasury of last
sessioQ, that Cungress bad it in view to take the
subject of the improvement of the country under
serious consideration. Eipectine that other ap-
plicaiioDS of a like nature would be made, be
tbougbt it best that they should go to the commit-
tee OQ the general subject.

Mr. Randolph said, ihe two questions were
totally distinct; for, if this petition should go to
aoy committee already appointed by the House,
it thould be to ibe Commiitee of Claims. If not
to the Committee of Claims, there should be some
tnch thine as a Standing Committee of Beoevo-
lencea and Aids, and it should go to that. With*
out any disparagement to the memorialisla, he
thought it highly improper to ref^r their prayer
to a committee Who had under their considera-
tiod the general subject of internal improve-
mentB, its expediency andcoostituiionaliiy. This
iraa entirely a matter of individual claim. The
tiro subjects were in [heir nature so distinct, that
it did Doi appear to him tbal the same committee
could take up and consider both. With submis-
sion, therefore, lo the gentleman who presented
the memorial, he moved ibal it be referred lo a
•elect committee.

Mr. Marion consenting, that coarse was given
to the pelition, without opposition. Messrs. M*-
RiOM, Tbioo, Moeai-T, Jekeiiis, and Gardner,
form the committee.

Mr. Rhca, of Tennesssee, offered the following
resolation t

Raohed, That ereiy pension or arrearagai of pen-
aona doe or that may hereafter become dne to any i^-
Gcer or soldier of the United Stttet, who nrved in the
Raetulioitan/ war viitk Grtai Britain, and who doth
imde in any of the Uniled Stalat^ in which there bath
not been edabliihed a. Comtnisaioner of Lmns, or in
which there may not be any reeident attending Commia-
■Mui of Loaaa, akall ha paid by the Becretaiy of dia

Treasury at the City of Washington, on appliealicu
of the party interested, eonformabty to the rules and
restrictions provided by law for the payment of pen-
sions or arrearaKBs of pensiona by a Coninisnoner of

Mr. MoRBow, of Oiiio, moved lo strike out the
words in italic, as he could not conceive any rea<
son why the accommodation should be confined
to pensioners of one description only. — Agreed lo.

Mr. Poindezter moved lo insert, after the
words "United Slates," ihe words "and Territo-
ries thereof."— Agreed to,

Mr Rbba'b resolution, asameoded, was referred
to the Commiitee of Claims, to consider and rt-
porl by bill or otherwise.

BMBAROO.

Mr. MoHfORD offered the following resolution:

Raohed, That the act laying an embargo on aU
ships and vessels in Ihe ports and harbors of the Uni-
ted Stales, and the sevenl acta supplementary Ibeieto,
be repealed, so ^ as lo allow the ships and veasela of
the United States to depart with their cargoes for those
eonntiies not subject to the decrees of Franca, or tboea
subject to the British Orders in Council.

Mr. Mdhfobd observed, that his object was,

mply, to inquire into Ihe propriety of opening

ir Irade #ilh those countries not subject to th*

orders and decrees of England and France, viz :

Spain and her colonies in ihe.KasI and West

Indies, including fiuenos Ay res; Portugal and her

colonies in the East and West ladies, including

Brazils ; China and the native ports in India ;

<sia; Denmark] Sweden and her island of

Bartholomew's in the West Indies; the coast

ofBarbary; and ihe Island of Hayli.

The resolution was referred lo the Oommitiee
of the Whole, lo whom several resolulions on the
' subject have been referred, without oppo-

TuEBDAT, November 15.
Another member, to wit: Jambh Kbllt, from

cnDsylrania, appeared, and took his seat in th«

Mr. Cloptoh, from the Coramitiee of Bevisal
and Unfinished Business, to whom it was re-
ferred lu examine the Journal of the last session,
and report therefrom such matters of buaioess as
were then depending, made a report, in part,
thereupon; which was read, and ordered to lie on
the table.

On motion of Mr. Fisk,

Resolved, That a committee be appointed to
inquire into the expediency of altering ibe times
and places for holding the Circuit and Distriet
Courts of the United Stales in (he district of
nout; and tbal tbey report thereon by bill or

Ordertd, That Messrs. Fibk, Sahobl Smitb,

,d Grat, be appoinled aisommiitee pursuant (o

the said resolution.

On motion of Mr. Jobh MonTaoMERT^

Heiolved, That a commiitee be appoinled to

inquire if any, and whai, compensation ongbt to

be made to CapUio Pike, and his companioaf, for

.yGoogIc

487

HISTORY OP CONGEBSa

488

LotR.

Wett India Trade— MiratuUt Expeditim.

NOTEHBIR, 1808.

their (ervims in exploring the Mississippi rirer,
in their late expedition to the sources of the Ar-
kuiMS, OMige,>nd La Plstte rirers, together witb
their tour ihrough New Spain; and that they
have leftve to report by bill, or oiberwise.

Ordtred, Thai Messrs. J. Montgomert, D. R.
WiLLiAUfl, John O. Jickbok, Litehmobe, and
Helms, be appointed b commitlee purauatit to the
laid renolutioD.

Mr. Rbea, of Tenneiisee, from the Committee
on Post Offices and Post Roads, preBented a bill
to auiborize the IrBOsporiation, by mail, free of
poilage, ofa certain Message of the President of
the United Stales, sad documeats accampaof iog
the lame; which was read twice, and ordered lo
be engrossed, and read the third lime lo-day.

Ob raoiion of Mr. PoinnEZTER.

JRetc^ced, That a select committee be appointed
(O iBquire inio the expediency of repealing so
much of the ordioaDCe far ibe goTernoieac of
the aeTeral Terriioriea.of the United Slates as
aathorizei the OoTeraors of said Territories, re-
■BTClively, to pror<^eatid di«Ml*e the GeBeral
Aanemhly.

Ordered, That Hetsr*. Poirdester, Holland,
loBN SuiTH, Kblli, and Deane, be appoiated a
BUBQl to the said resolutioD.

WB8T INDIA TRADE.

Mr. StwTBB begged lea?e to add one more re-
•otuHon lo those already before the House on the
•nbjcci of the emlurgD.

"Saobied, That it i* expedient for the United Statii
!• opeo ■ eomniunieatioD and trade witb the West In-
diM ganerall;."

Ur. S. said, he thonght the preaeni resolution
would be fousd, when the* were all taken up and
examined by the House, toe least liable to eicep-
tiOD of any. For be could not gu so far with
trade as lo vole for the resolutions of the gentle-
nan from Vermont in fsTor of bd indiacriminate
repeal of the whole embargo system; neither
could he go so liir against it as to support those
of the gentleman from Virginfa for a total non-
intercourse. He thought our best policy might
be found in a medium l>et ween the Iwo. In the
first place, the Orders in Council, which were, be
•apposed, a principal cause for tnose latter reso-
iMions, do not affect our Weal India trade; and
miess that (rade canM under the causa which
▼ery properly influenced the gentleman in hia in-
teniioD of HUppresiiDg our foreign trade, he could
not see the oecesaily of its being included in its
offecu. He would menlion one fact of serious
importaBce, which was, the very ^reat amount of
KTenne wbich we derived from Ibal quarter. By
recurring to the report of the Secretary of the
Treasury of NoTember last, it would be fouud
thatalmostone half of our revenue arose from that
trade. [He here read the report, and enumemled
diedlSerenl artielee, with iheir relative amount,
the aggregate of which was, 87,803.195.] Whe-
ther it would be prudent or wise in us to give np
tbia large sum, lo dry up this genial current, at a
time when it was so much required to support
At body politic nnder iia accDmnlaiiog ills, was

certainly a serious question. To these considera-
tions ofa geueral nature, which he trusted would
have some weight with the House, be added an-
other pariienlar reaeon, which had very great
weight with him for ioiroduciog this resolution.
The district he bad the honor to repreaeol waa
engaeed exclusively in this trade. Their staple
article, viz. latnher, was calcQlated for no other
market. Vast piles of that article had been accu-
mulating in the bands of onr merchants, in pay>
meol of their accounts as in ordinary cases, under
a luppositioB that some opportunity might offer
of making their usual shiDmeols, by which means
alone would they be enabled to comply with their
engagements. If this opportunily were now de-
nied them, inevitable ruin must overtake a con-
siderable portion, and infinite injury to the whole
of them, as their creditors would see no molires
for farther indulgence, but would fall upon theto,
atid the hard earnioEs of sn active life would be
wrested from them for comparatively inconsider-
able claims. This would induce the merchaot to
heap upon biscustomersaahareof the evils which
he felt himself. He therefore felt somesolieilnda
for the fate of his resolution.

The resolution was referred to the Committee
of the Whole to which several resolutiotu on the
same subject had been referred.

WEnHEaDAT, November 16.

Another member,lowit: RoaERNELBON.from
Mary land, appeared, and took bis seat Id ibeHouse.

A new member, to wit: Behjamih Sat, re-
turned to serve in this House as a member Iroia
the State ofPennsylratiis, ib the room of Joseph
Clay, who has resigned his seat, appeared, pro-
duced his credentials, waa qualified, and took his
seat in the Hou^e.

On motion of Mr. Vau HoRif, a memorial
presented at the last session, and not finally acted
on, on the subject of a canal through the City of
Washington, was referred to il|e Committet of
the DiMrict of Columbia.

Mr. Verplance presented the memorial of &
lareeand respectable number of the freeholders
of Dutchess county, in the State of New Yort
detailing at considerable length the evils and
pressure of the embargo, and praying its remoral.
The petition was referred to a Committee of the
Whole to whom Mr. Cbittemseh's and other
resolutioDS are referred.

MIBANDA'S EXPEDITION.

Mr. McCbeebt presented the petiiion ofthinjr-
six Amerieaa ciiiiena, con fined at Cartbag^na, in
South America, under the sentence of alavery.
The petiiion wbb read, as follows ;

Vadim or St. Claba, CAaTMinirA,
S^Oembar 16, 1808.
7b tie hauraik iiu C<mgrtat of Me Umitd Staltt nf
Atnenentia Cungrat aatonhUd .-

The jpetitioD of thirly-an AmarioBn citiieBS confined
iX Caitbageua, South Anenea, under aaataBce of
slavary, humbly ahowalh :

That wa, yoar pelitiMien, were brmight Cram New
. York in Ika aimed ship Leante, Ttemaa Lmis, oaa-

.yGooglc

HISTORY OP CONGRESS.

490

NovDMSEB, isoa

Miranda'i Expedition

H.orR.

mander, on the Sd of Febnurj, 1806, tofelhcr witl) >
number of otbera. mo«tly inbabittnU or that State and
city, undertba most apeciouB engagetneotd of ^eir coun-
try ; to ealablish which, they beg leave to *Ute that
Colonal Wiiliam Smith, then Surveyor of the port of
New Yorit, William Aniutrang, Daniel D. Durning,
«nd John Fink, butcher, of the city of Kew Yorlt, de-
ctaTed they were authnrlied to enlitt a number of men
to go to New Orleang, to ■erre u guards to the United
Statea mails, sad a number of others as mecbaaica.
Some backwardneeB on the part of your petitioner* to
eagBKe being diaroTeied by William Smith, he read
psBBBgea from leltera to prove his authority, and sev-
eral paragrafriis from newspapen to convince them of
the validity of ibeir engagemenu. WUliam Armstrong
and DkDiel D. Duming were ^tpaintad to command
diein, and were to aecompany them to the Ci^ of Waah-
ingtoD, where they were to receive dothing and aceou-
tremenU, and thence to New Orleans. The ship Le-
ander, owned by Samiiel G. OgdeD.snd formerly in the
St. Domingo Irada, WIS procured for the conveyance of
your petitionera lo the City of Wuhinglon, for which
purpose sbe was hauled down to the watering place,
frhrre your petitionera went on board her the 1st day
of February, 1806, and the neit day (tha Sd) the ship
put to MS. Shortly after Miranda, under the name of
Martin, and a number of penona hitherto unknown to
* your petitioners, sppeared OQ board, in the character of
bia officers ; wh)<.-h, for the Grsl time, awakened strong
■napicioru in the breasti of your petitioners that they
had been entrapped into the power of wicked and de-
■jgning men, and that, too, when retreat was imptac-
ticable. From New York yourpetilionertwerecartied
lo Jacmel, in the island of St. Domingo, where ihey
were exercised in militaiy du^, under the most arbi-
trary stretch of power, by M^anda and his officen. .Vt
Jacmel ■everal attempts to escape proved abortive, from
the vigilance of our oppressors, Ihoy having procured

Suards to be stationeil in all the paesea leading from
acmel to other parts of the island, where your peti'
boners might expect to receive aid and proteclion from
their countrymen. At Jacmel Iwo schooners were tiired,
on boardof which your petitionera were aent, under the
care of a number of officera, whose warincsa still re-
mained unabated ; and on the STth March, IBOG, the
■hip, accoiDpanled by the two schooners, proceeded
towards the coast of Terra Firma, where, after touch-
ing at the island of Aruba for retreshmenla, the arrived
an the 3Bth of April, when two armed vessels bove in
sight, which, afler same mantBUvring, the ship engaged^
but soon ran away, leaving the two schooners lo be cap-
tured. They were carried into Porto Cabello, where
your petitioners were proceeded against as pirsles, a
numbei of warlike implements being found on board,
which were placed there without the knowledge of your
pelitionera. And on the 12lh July following, the pro-
cese against uacjosedalCaraccas, sentencing ten, whom
th^ considered to be criminslly engaged, to be hanged
and beheaded, and the remainder (your petitionera) to
«igbt and ten j«ars' slavery on the publicworks at Omoa,
Bocca Chiea, and the ijlud irf Porto Rim. Your pe-
titionera ware all sent to this place, where thoae aen-
tenced lo Booca Chics were put to work, chained two-
and-two, and the roaidue, in double irons and dose con-
finement, Btrongly guuded, wailing ibr an opportunity
to be sent to their reapectivB places. Upon several
occasiotis your petitioners were told by WiQiam Arm-
■trong, Thomas Lewis, and others, that they were aent
out by tha Government of the United Suies. To prove
to ths latiafaelion of yoDi hoBonbl« body the truth of

the above atalement,yoar petitionera beg yon will exam-
ine Robert Laverty, John Slagg, John Ritter, Matthew
Morgan, Richard Piatt, Adam Ten Brook, and JiAu
Miller, of New York, who were under the same engago-
menti with your petitionera. Francis White and Tho-
mai McAlli>ter,butchen in the Bear market. New Yoifc;
Mr. BrinkeroS', lavem keeper, near the Bear market ;
David Williams, John Ganet, and a Mr. Kemper, weigh-
master, whose son was executed at Porto Cabello, wer«
present when all or moat of your petitioners were en-
gaged, and can prove beyond all doubt that your peti-
tionera could have had no other idea than that of enter-
ing into the tervice of the United States. Captain
Bomberry, of the ship Maiy, of Baltimore ; Caplain
Israel, of the brig Robert and Mary ; Captain Waldroa,
of the schooner Victory ; and Captain Abbot, of the
brig Charleston Packet, all of Philadelphia, were ey>.
witnesses to the tyranny and oppteeaiou under which
your pelitionera labored while al Jacmel. When tha
crew of the Bee, one of the schooners which wai char-
tered by the Leander, refused to go in her,a number of
officers from the ship, with Lewis al their head, cama
on board the Bee, and, after beating and cutting tha
men with sticks and ssbres in the moat brutal mannar,
dragged them on board the Leander, put (hem in iiona
under a strong guard, and kept Ibem there until the
moment of sailing, when tbey were sent on board tha
Bee, with orders lo keep near and lo leeward of the ship.
Another man, who had eflected hia escape from a French
privateer, and found his ws^ to Jacmel, with the hop*
of getting a passage home in sane of his country ves-
sels, was seized at the instance of Thomas Lewis, com-
mander of the Leander, and captain under Miranda,
thrown into prison, and compelled to go in the expedi-
tion, or In starve in jail.

Your petitioncn are confident, that, when your hon-
orable body becomes thoroughly acquainted with tha
circnmstancesof art and deception which betrayed them
into the eipedition, tbe deatmation of which they had
no knowledge until it waa too late to retreat, yon will
not only punish such of Ibeir betrayera as are within
the reach of your power, butwiQ adopt proper meaaniat
lo restore your unft>rtunate petitionera to liberty and
their families. We beg leave to mention that Jeremiah
Powell, who waa an officer of high confidence in tbe ex-
pedition, was pardoned without heaitation by the Span-
ish monarch, on the application of hia ftUier. Your
pelitionera have embraced many opportunities lo convey
to your honorable body tbe prayer of a petition, bat,
from the length of time elapsed since they sent off their
Iaat,and not bearing of any measures being adopted in
their favor, they fear none ever arrived ; and by the pra-
■ent opportunity several copies of this petition have been
.transmitted lo gentlemen residing in different psrts of
the United Stales, with the hope that some of them may

Yonr petitioner! cannot for a moment betieve that
the United States wiU suffer offleen under her Consti-
tution (o kidnap her eitiiena into expeditions and ser-
vices Glted out and maintained by a fbreign outlaw
age in at Powers with whom she is at amity and peace,
under the specious pretence of engaging them into tha
service of their country, wiAont punishing tbe aggiea-
sors, and using every effort to regaiu her citizens. Bncfa
is the caseofyoor unfortunate petitionera, who entreat
you, as children would a parent, to reliere them &om
total destruction, on the bnnk of whidi they hare bean
thrown by the practice of frauds and vlllanies hithefto
anheardoC

.yGoogIc

491

HISTORY OF CONGRESS.

492

[. or R.

TVmdwfal Govemmenlt,

NovEUBEH, 1808.

thii pItM, the eomminder of which, (Ednard Kittoc,
Esq.,) upon being applied to bj nine of our companions,
who declared IhemaetTER to be Biitiih-born lubjecti,
and being made acqaainted with the circumaUacea which
led to oor capture, iinmediatel; lenl oa a petition lo
the Viceroy oflhii Kingdom in behalf of aa ail, but pai-
ticutarlj for euch hb are Brjliah lubjecla, wham we
expect wLI eventuallj be liberated. Notbiag but hu-
manity and a atrong' deaire to relicTS dtatresa could hate
induced Captain Kittoc to Ihia alep, who,we are confi-
dent, aa much aaounelTea,regrela its failure of auccesi,
and to whom we feel every way indebted, and ahall ever
recollect it with gratitude and thanka.

When your petitionera femonatrateagainatatiy haiah
treatmeDt of these people, they invariably aak, " Why
don't TOUT country liberate you ! — it reiti aolely with
Iham."

Your pedtionara feel confident, frotn Ibe juetneaa of
their claim to the interference and protection of the con-
■tituled authoritica of tfaeii counliy, meaaurea wilt be
adopted to reitore them to liberty ; and having no doubt
bot your hoaoiable body will etTord them that protec-
tion which dtiiena have a right to claim from their
country, your petitionera beg that jour honorable body
will convey them an anawer, and your petitioners, aa
IB duty bound, wiH ever pray, dec.

Robert Sauodera. Benjamin Davia, Henry Bperry,
Joseph Hickle, Elleiy King, William Long, Dan-
iel Newbury, Wm. Cartwright, Samuel Toiler,
James Hjalt, Abrsm Head, Robert Btevenaon,
Samtiel Price, Robert Reins, Hugh Smilh.Benja-
min NichoIi9on,Geo. Ferguion, Wm. Pride, Pom-
pn Uiant, David Heckle, Bennett B. Neyus,
John Moore, John M. Elliot, Henir IngersoU,
John Parcels, John Hayea, David Winlon.Mat-
theiw Buchanan, Alexander Buchanan, Jaa. W.
Qrant, John Bdaall, Thomas Oitl, Joaeph Ben-
nett, Phincaa Raymond, Peter Nantly, Stephen
Buidi.

CiBTHiaaiTi., AuglUl IS, 1808.
On my ariival at Ihia place, I was apnlied to in behalf
of the unfortunate men captured under the ordera of
Genera] Minnda, who are under aenlence of transport-
ation to the diflerenl public worlu at Omos, Porto Rico,
Ac, among whom are aeveral Britiah aubjects, (whoae
names are inaeited below.) I am well aware of the
enormity of their crime, as I understand they were taken
without colors or papera ; but,aa a Britiah officer,! con-
aider it a duty to plead for4hoae in distreaa, wherever
they may be ^und ; and I truat, from the known lenity
of your E I cellency 'a character, I ahall not plead in vain.
The men in question are originally of Britiah descent,
and are allied to my nation by many ties. They have
BO Conanl— no Miniater— to prefer the prayer of their
petition to your Excellency, having been prevented by
the war between our nations fi^>m making known their
Htuition to the Preaident of the United Statea. Suffer
me, therefore, to addreu your Excellency, and beg fo[
their release, on a solemn promise that ^ey will never
be found again in arms on a similar occasion. Aa I am
the bearer of welcome tidings lo the inhabitanta of the
province under your Eicellcncy'a command, make me
also the bearer of them to the unhappy auftrers now
confined in Carthagena. It ii true, I am unauthorixed
lomake this request in the name of the Britiah Govem-
nent for the men in general, hut I am convinced the
■l^will be approved; and if youi Excellency will lend

• favorable ear to my petition, the circumatanee wilt
not paas unnoticed on their part ; at all events, jonr
Excellency will have the prayer of manyindividuala for
your eternal hsppineaa, and among them will be found
Cnot the least fervent) thoee of your Excetlency'a moat
humble servant, EDWARD KITTOE,

Com. H. B. M. thip Sabrina-
P. S.--If my request for the liberation of all General

such aa are British subjects: that ii ....
duty I owe to them and to my country.
Namti of Britiih mhjeclt under latUnetoflratuporl-
alion at Carlhagma.
John Moore, Peter Nautly, John Hayes, Thomas Gill,
Joaeph Bennett, Jamea Grant, Samuel Toxiar, Robert
Stevenson, and Hugh Smith, (a boy.)

ViTJLTs or St. CLiBA,CimTHAeiHa,
Stplembtr 16, 1806.

RisricTiD 6ia : I h*ve t^en the liberty te direct
to your care a memorial of Ihirly-aix American citizens,
who have been lying in ahackles more than two jean —
a great proportion of which time in stocks, upon tbe
hroad of their backs, not even taken out to answer the
ordinary calls of nature — with the requnt that yon •
would preaent, or procure it to be presented to the La-
gislature of the U. SUtesi and, should it he acted upon the
approachiag aeasion of Congreaa, to be good enough,
by the firet convenient opportunity, to acquaint ua with
wbtt is lo be done, and what prospect we have of be-
ing liberated from this loathsome confinement, little
abort of death. I enclose you a copy of a petition, whicb
the commander of a Britiah &igate presented to the
Viceroy of this Kingdom, in our behalf, with liber^ to
publiah it in the Telegraph, with a suitable eaplioii,
ahonld you think proper. Indeed, I think it would aerre
our caiue. However, its eOecl I submit to your better
judgment, well convinced you will feel disposed to aucmi
suffering humsnity i and, if unable to bring to condign
punishment the authors of our mialbrtunes, you will not
withhold your aid lo release us from this miserable con-
dition. Our number baa bean reduced by deaths and
eacapes from forty-seven lo thirty-aix. I also endoaa
to your chatge, a letter for my father, which I beg you
would put on board soma of the wood ahallopa belong-
ing to Otter Point, which always may be Ibuad at the
wharf, the foot of the Manh market i or, if Ihey cannot
conveniently bo found, to leave it at Mrs. Hay'a, in Old
Town, not far from Mr. Aaque'a, near the Baptist meet-
ing, with the injunction to send it on aa speedily aa
possible. For a description of tbe fraud and deception,
which placed ua in this unhappy aitnation, I refer yoo
to tbe memorial ilsetf.

I am your obedient, humble servant,

ROBERT SAUNDERS, Jn.

Mr. Taos. Doaain, Printtr, BaJt.

The peliljon was referred to s aominittee, oon-
sisting of Messrs. McChbebv. Love, Fban«lii»,
Daniel MoNTaauEBV, junior, and TaoupaoN,
lo examine ftud report their opiaioa tbereupoD to
[he House.

TERRITORIAL GOVERNMENTS.

Mr. PoiHDEZTER, from ihe commiiiee appoint-
ed 00 ihe subject, repotted b bill coDcerning the
power of the Territorial Governmenta. [The ob-
ject of it is lo take away from Governors of the

.yGoogIc

HISTORY OP CONGRESS.

NovunsR, 1808.

Franking FriviUge.

H. or R.

Territories the power of prorogaing or dissolTing
their Legisln lures.]
The bill WM twice remi] ; and
Mr. PoiHDBXTER observed, that as the bill
muit Btaod or fall on its principle, and could oot
waDtamendmeDE, he should wish (o dispense with
the usael course of reference to a Gomiuiltee of
the Whole, and that it should be engrossed for a
third readiog.

Mr. Thodp hoped the House would not be
precipitated un&dviiedly iuloa decision of a ques-
tion of this kiad ; that they would not break in
upon a lysteia which had lerved- ihem so well
without maturely deliberatiag upon it. The or-
diuanee for (be jroTcrnment of the Territories
he considered is Constiiuiional law, and it should
be viewed and treated with as much delicacy as
the Coortiiutioa of the General Gurernraent it-
self. It bad lerved them welt, it had nurtured
the Territories from infancy to maturity, and
be hoped the House would not innovate on the
system, bni for the most substantial reasons. He
therefore wished ibis bill to take the course of
all other busioeis, aitd go lo a Commitiee of the
Whole.

Mr. Poi:<nEXTER said it was not his object to
eiclyde. deliberation by his motion ; as Ibe day
for its third reading might be fixed a fortnight
beace, if the gentleman from Georgia wished it.
He knew the difficulljr of gelling up such bills
when eommilled to a Committee of the Whole ;
he also kaew that in a few days the House would
be engaged ia gieal UBlional concerns, which
would occapy their entire attention to the exclu-
sion of other husiness of minor importance. The
gentlemen seeois to thiiik (said Mr. P.) that to
Ie»7e lo the GoTernors of Territories of the
United Slates powers which are fitted but for
the SorereizQS of Europe ii highly decorous;
wbibt I think ibey should be spurned from the
statute book. The geutleman is mistaken when
he Mjs that we should view the ordinances in
the saoae light as the Canstiiuttou; they are
mere sia totes. Placed by the CoDstitucion under
ibe particular care of Congress as ihe Territories
are, the ordinances ennoted for their gorernmeot
aie mere slatuics, subject to the reTision of CoD'
gTess,as other laws are.

Mr. Pitkin said the ordinances for the gov-
ernmenl of the Territories had been framed with
great deliberation, and should always be consid-
ered IS a compact between the General QoTern-
menl and its Territories. Whether an alteration
could or could not he made without their consent,
he would not undertake to say. He thought there-
fore in ibis case the uioal rule rhoaid not be vio-
laled, for it was well known that no amendmeni
could be received on the third reading of a bill.

Mr. Trodp said, the gentleman from the Mis-
.lissippi Territory had totally mistaken his object.
Ii was not procrastination that he wanted, but a
mature coQslderation of the questi on ^h ether
OB this day or on this day forluigbt. when he
had considered the ordinance as a compact equally
■acred with the Constitution of the United States,
and as unaltetmUe without the coosent of the par-

lies to it, it was then that he considered this a
question of such great and signal importance that
he wished time for deliberaiion. And when he
said this, he eipt-essed the opinion of a man than
whom no man rn the country was more deeply
read ia its Constitution— St. George Tucker—
'ho had described it as a compact unalterable,
Jt with the consent of both parties. The gen-
tleman would take away from the Territorial
ernors the power to prorogue and dissolve the
mhlies. What would then be the btale of the
Territorial Legislatures 7 They would (said Mr.
T.) be as completely independent of the General
Government as the General Government is, I
hope, of Great Britain ai this moment. Retain
the qualified veto, and take away the power lo
prorogue and dissolve, and what will be the con-
lequence 1 The moment a misunderstanding
akes place bclween the Legislature and Execu-
ive, legislation is at an end ; anil where legisla-
ion ends, revolution begins, and there Is an end
of government.
Mr. PoiitDBXTEasaid.at the suggestion of sev
at gentlemen, he should consent lo a reference-
of the bill to a committee, as be did not wish now
10 hasten the discussion. But the gentleman was
mistaken if he supposed that taking away the
power lo prorogue, would deprive the Govern-
ors of their veloon laws. The Governors had an
unqualified veto on the acts of the Legislature.
The gentleman said, (observed Mr. P.) that lake
away the power of prorogation, and if a misun'
derslanding arise between ihe Governor and the
Legislature, there is an end of legislation. That
is now the fact. If there be any misunderstand'
ing between ibem, the Governor sends the Le-
gislature home ; and I agree with the gentleman
from Georgia, " where legislation ends, revolution
begins." In this situation, I wish to lake some
power from the Governor and place ii in the peo-
ple, which would render Ihe Government more
congenial to the spirit of the Constitution and of
the people of the United SiaieK. But I waive dis-
cussion and consent to reference.

The bill was made the order of the day for to-
morrow.

• FRANKING PRIVILEGE.
The hill reported yesterday, for authorizing the
irausponaiion by mail, free of postage, of ihe doe-
umenis accompanying the President's Message,
having been read a third time —

Mr. Randolpb said it was very far from his
intention to oppose the passage of this hill, as he
should suppose there could be but one opinion on
its final passage; but he submitted to the com-
mittee who reported the bill the propriety of act-
ing on ihe subject generally, if they should think
themselves authorized to do so; if not, after the
pasMge of the bill, he would move a rei^olution to
instruct the committee to report a bill to author-
ize the members of both branches of the Legisla-
ture to frank aU public papers. He could not see
the propriety of the law as it now stood, restricting
packets to a certain weight; for if a member
wished to send tea limes the weight allowed by

.yGoogIc

HISTORY OF OONaRBSS.

H. OF R.

Foreign Relaiiont — Embargo.

NOTEHWB. 1806.

law, he had noihiog to do bui to divide it ioio as
many packets as it weiched ounces. CuibonoJ
For the beneUt of ihe Postmaster of this place.
The public in laied, faiil he, two cenC^ as man^
timesas Hdocumeni wcighsounces, when thus divi-
ded ; and from (his I undersiand that the Post
Office here ii perhaps the moEt lucraliTe !□ (he
Dni^n. lacknowledgelhesereiflBrts are not very
pertinenii but as thii bill is be Tore the House,
■od no other business demands imnieiliaie aiien-
tioD. I Itiought ii periiuent to ask the chairman
of the committee whether the committee consid-
ered it within their fuoction to report such a hill.

Mr. Rhea aaid (hat his own opinion was thai
the bill should be general; but the committee
had not thought as he did.

The bill was passed without a division.

Mr. RANDOLPn then offered the following reso-
lulloo, adding to his former reasons, aDutlicr;
that the free packets paid a double duty— a taial
the office where they were received, and, by a
apecial provision, he believed, a duty of two cents
to the FoEilmasier here; and this did not prevent
members from franking the most bulky packages,
with this addilionsi disadvaniBge, thai if one part
miscarried, the whole became useless:

Resohtd, That piovisioB ought to be made by law
tat tending free of pottage, to and from members of
Congreu, all papers and documents touching the pub-
lic Mrvice of tha United SUt«i,or of any of the Slates
or TeiritAriM thereof.

The resolution was passed, and referred
Committee of Post Offices and Post Roads.

FOREIGN HALATIONS.
Mr. Cbittbnden moved foi the order of the
day DEk his resoluiioa on the subject of the em-
Ijargo.

Mr. Shilib thought, from the commencemeat
of lhisbusiness.Ihey had lakea an irregular course.
In hi» opinion all the reuolutioos on tbis subject
abould have been referred (□ the commillet: on
tlkal part of the Message of the President of
the United Slates relating to Foreign Relaiions.
And to get at this object he moved to discharge
the Committee of the Whole frpm Ihe consider-
ation of those resolutions. ^

The Speaker infoimed Mrv Shilie ihai the
motion could not be receired while another was
pending.

On the question to take up (he order of the
day, it was negatived — ayee 34.

Mr. Cook said he could not discern any dispo-
sition in the House to auhmit to the orders and
decrees of Britain and France, and as
lutioD which had been offered did not precisely
meet his idea, he begged leave lo submit another:
Baahtd, That tha act iijing an embargo on il
■hips and tchgIs in Iht porta and harbota of the United
State* and the aaveral aoto lupplcmentary thereto, be
repealed, lo fu ai to permit the tsmcIi of the United
Btalea to depart with their cargoei for thoaa conntrios
not subject to the decreei of France, nor the orders of
tba BritLih Council: and

That the citizens of tbe United St«t«i be authorised
by law to arm and equip theit merchant veaselB for tha

puipoM of defending tbetn agaiqet Francb and BiUiA
'-uiien, who may molest them when bonnd to aaij
irt or place not actually invested or blockaded.

On tbe suggestion of Mr. Elliot, Ihe Speakek
observed that the first clause of (he resolution had
been moved by Mr. Mumfokd, and was already
before the House.

The second clause was then referred (o the

me committee to whom reaolutions on the tame

hject have been referred.

Another member
Georgia, appeared, i

Norember 17.
to wit: Dennis Smelt, from
nd took his seat in (he House.

,'d a memorial from sundry

persons in the city of Philadelphia, stating that
they have at great I.ihor and expense erected a
manufactory of shot; and nrayicg ihai, to en-
courage the domestic raauuraoture,a duty belaid
on all iniporled shot. — Referred to the Committee
of Commerce and Manufacures.
PETITIONS FOR REPEAL OF THE EMBARGO.

Mr. LiVESHOtiE said he held in his hand seve-
ral petitions from inhabitants of the Siate ofMaa-
sachosells, signed by between four and five thotl-
sand persona, praying for a repeal of the embargo

lat
One of the petitions (from Newburyport) waa

[In this petilion the following sentence waa
twice read, by desire of one of the members :

*■ Your ntekiarialisti wonld further represenl to jrour
honorable body that they have witneaeed with great
surprise and ilarm a systematic attempt among the

- ' se of the people to eicrite * belief that our natioa
its power only ■ choice of evils ; that an cmbai-
war with Great Britain, is our only alternative,
an opinion trhich appears to your memorialiata wbi^ly
devoid of foundation. Whatever injuries the United
States may have sustained from ^t Power, we cannat
perceive that a wu with her would be either uateeeary

juat, whilst she evinces on her part a diapawtaon fbr
1 amicable lettlement of all subjects of contiaveraj;
and especially, when we view her as almost alone main-
taining a contest, on (be successful issue of which d»-
pend the rights and libcrtic« of the civiliicil world."]

Mr. LtvESMoRE said as the other petitions were
precisely similar, he moved that their reading be
dispensed with, and that they be referred to the
Committee of the Whule to whom several reaolu-
sions on the subject have been referred.

The Speakeh proceeding to put (heqiMBtiaD on
reference —

Mr. D. R. WiLLiAUB said, as he understood the
same ceo timenis were repealed in all, and as there
were sentiments expressed in the first which he
could not understand, be called for the reading of
another of them.

Mi. Livebuorg said he had no objection.

Another of the petitions was then read, and they
were all referred, without opposilign, (0 the com-
iniKee to whom several resoluiiona on the saiae
subject hare been referred.

Mr. LivERMORB moved that the petition b«
printed — Negatived, 17 only riautg in favor of ib

.yGoogIc

HISTORY OP CONGRESa

NOTBUBBH, 1808.

Foreign SetatioM.

H. or R.

FOREIGN RELATIONS.
Mr. Macoh said, already bad raaay reaoluljoni
been submiued lo the considetation of the House
oa the subject of oar foreign relations, aad ihe
embargo ; some for a (olal and some for a partial
repeal of it. As none of the raotioDs had met his
entire Hpprobation, and b-< he coosidered this as
one of ihe mast important qupsiioos that could
come before the House, be wished to submit to
the House two or three propositions; which he
wi«bed to laka a course difTereol from that which
had been given to the others on the same subject.
I hnve been astonished (said Mr. M.) to see so
many resolutions on the subject of the embargo,
and none contemplating its entire continuance.
Is the Americau nation re.ndf to bow the necli?
Are 'we rendy lo submit to be taxed by Great Bri-
tain and France, as if we were their colonies?
Where is that spirit which for this reason separa-
ted u» from the natiuas of Europe? Where is
that spirit which enforced a simple resolution of
the olil Cungreis, not then binding upon the peo-
ple, as a law from HeSTea 1 Is it eilincll Is
It lost to this nation 7 Has the lore of gain su-
perseJeil every- other motive in tbe breasts of
Americans T Shall the majority govern, or shall
a few wicked and abandoned meo drive this na-
tion from (he ground it has taken T Is it come to
this, that ■ law constitutionally eoicied, even af-
ter a formal decision in favor uf its constitution-
alily, cannot be enforced 1 Shall the nation give
way to an opposition of ■ few, and those the mos'
profligate pan of the commDoityl I think thi
stand we took last year was a proper one ; and
am for takin;; every measure for enabling the na
lioD to maintain it. Just as our measure is begin
ning to operate, just as provisions are becoming
scarce in the West Indies and elsewhere, notwrih-
3tandir)gthe evasioos of our law, we are called I
upon to repeal i(. I should not have made Ibis
matioa at this lime, had it not been for the petitioo
presented. Wbeu I ptanJ here, sir, oharged
jy apait of the cocnmonily withbein^ oneof " the
eaemira of the people," nolwilhslanding I am wil-
Itog to commit the petition, treating ii with that
respect wbieb 1 conceive to be due from ns lo the
prayer of any portion of Ihe people, I wish my
seolimenMon tDis Mihject lo be seen.

A proclamation baa been i^ued by one of ihe
belligereois since ihe passage of our embargo
law, sir. Look at it. What says.il ? Clearance

■el into our ports; and, in speaking of neutrals,,
recollect that there is no nation in thi civilized
world that has a claim to the title, except onr-
selves. This proclamation then tells our citizens
"Evade the laws of yonr country, and we will
recrive and protect you." This is Ihe plain Eng-
lish of it.

If the mad Powers of Europe had entered into
compact lo injure ui as much as they could, they
could cot have lakeo a more direct course to it.
I consider them both alike, and tlie measures I
would take would plaee them both on the same
footing. I have made my resolutions as general
as poasible, to givs idl tatilude to ihe committee.

Mr. M. then read his reiolutions, as follows:
•• Raelted, That the committee appointed on thU
part of the Prraidml's Menage which relates lo our
foreign ifllationa, be instructed lo inqatre into the ei-
pedisiicy of exdnding by law from Ihe porta, harbors,
and water* of the United Blitea, all armed *hip« and
vessels belongingto any of iba bolligerent Powen hav-
ing in Ibree order* or decrees violating the lawfiil ean-
Dwrce of the United Slate* a* a nation.

Prnrhnl, That the same comiuittaa be instruoled
to inquitsinte thesipediene; of prohibiting by law the
admiaaton into the porta, baiboia, and waM* of the
United State*, any aUp or veaael faelonging to or Gomiag
liom any place in the poaseaaion of any of tbe abav»-
mentioned Power*, and al*a Ihe importation of any
goods, wsrea, and merchaniliae, the growth, prodaM
and mami&ctate of tbe dominion* of any of the said

Powell

"Rttolstd, That the same committee be itulruetad
to inquire into the expediency of amending the act lay-
ing an embargo, and tbe several* acta aupplamentaiy
and additional thcrato."

On the subiecl of the first of these resolution*
(said .Mr, M.) it might be proper lo Interdict the
entranee of all armed vessels, ahhongh I have
confined Ihe interdiction to the belligerents. A
certaiii time might be fixed on which the second
should go into operation.

I have thought proper, sir, to bring forward all
these resoltiiions together, to ebow my own opin*
ion on what nught to be don*. Ilis time for those
who think the embargo a lawful and proper mea-
sure to come forward and declare it. No other
Con having as yet thought proper to do it I
E now doue it, I balieve the embargo was
righl ; that it was rigb t lo pass laws lo enforce it ;
and believing this, I feel no hesitation in avowing
it. Time iias been when the impressment of onr
seamen was cried out against bv a large majority
of Congress. Now the cry is, inat we will not let
chem go out an<l he taken. For if they go out
ihey must be taken. Neither of ibe two ^reat
Powers of Europe have shown the least dispo-
tilion to relax their measures ; neither I hope shall
we. I believe we have but three alternatives— .
war, embargo, or lubmitalon. The last I discard ;
this nation never wonld submit; nor are there
many people in it that would. That is out of the
question ; then, the only question is, whether in
the present slate of tbe world, tbe embargo or war
is the best for us ? Arm your merchantmen, as
has been proposed, send them out, and you have
war directly. If we are lo have war, 1 should
rather bare it openly, and let the nation know
thai we mean it, I am for the embargo yet. I
am told flour is from thirty lo fifty dollars a bar-
rel in the West Indies ; I am also told that wheat
is fourteen shillitigs sterling a bushel in England.
This must have an effect, if adhered to, through
Spain and Portugal. Prance if she carries her
armies into that country, cannot support them.
Nor can Spain support her own armies, and at
the same lime those Qreat Britain sends there;
for where war is waged, almost all agriculture is
destroyed ; and it only requires firmness in us to
force tbem both by ibis measure to acknowledge

.yGoogIc

BISTORT OP CONGRESS.

H. OF B.

NoTBNBeR, 1808.

out rigbla. If I am mUiabeD in my opinion, I with
that measure lo be adopted whicli maj b«st niain-
Uin our rigbta and independence.

It is Ddt the embargo wliich causes the niesaure
on the people. No,sir, ilis I he orders and decrees
of England end France. Take a liceoie from
Eogland, and you may trade, but on no other
terms. Let an officer of the British fleet fiait
your Teasel, and France will condemn ii. These
are the things which destroy commerce. The
country in which Hire feels the measure as much
aiany; they are azriculturisis, and their crops
remain unsold ; ana if they will do without the
principal, and resist imposition by wilhholdlTig
their prsduce, those who make a proSt by the
freiffht of our produce, may afibrd to lose that
pront. Can any man tell what would be the con-
sequence of war, in these times? In common
war tome regard is hail lo the laws of nations by
belligerenis, and they fight each other. In the
present war the belligerents disregard the lawa of
nations, aod fight every one but one another.

Mr. M. concluded by saying that he was aware
tbat he had said uoiliing new, nor could anything
new be Eaid. The documents published at the
last session and those published now put the sub-
ject in so complete a point of view, that it was
impossible to add light to them.

The House agreed to consider the resolations.

Mr. A LST on suggested to his colleague the pro-
priety of referring the last resolution to the Com-
mittee of Commerce and Manufactures, who had
last session reported all the bills amendatory to
the embargo laws.

Mr. Macon said he meant nothing less than
disrespect to the Committee of Commerce and
Manufacinres, but he wished all the resolutions
to go to one committee, that they might have the
whole sysiem before them.

Mr. Dama made a few observations which were
not distinctly heard. He thought that nn agree-
ment to the third resolution would commit the
House on the subject of the embareo; and sug-
gested the propriety of lakiog the qqesiion on each
separately.

Mr, QuiNor said he wished the last resolution
to be separated from the first, as the House wotild
be committed by its adoption. Not that he wished
to avoid B discussion of that subject, for he wiibed
for nothing so much as that the House would per'
mit them to go into a discussion of the subject in
Committee of the Whole. [Mr.MACoit consented
that the last re^^oluiion should lie od the table.]
Mr, Q, said he wished to press a discussion on the
subject of the embargo ; for such was the state
of public opinion in the Noribem part of the
Union that but one general sentiment prevailed,
that the embargo would be immediately raised.
Instead of postponing the subject from day to
day, he only wished it to come before the House
that gentlemen might understand one another,
and put an end to the doubts that now existed.

The first and second resolutions ofiered by Mr,
Macon were agreed to without a divisioD. The
third was ordered lo lie on the table — yeas 78,

THE EMBARGO.
On hfotion of Mr. Ceiitt&noen that the House

do now, aecoiding to the order of the day, resolve

selfir

mittee of ihe Whole o

1 the

nth i

repeat of the several acts laying an embargo on
all thip< and vessels in the ports and harbors of
the United States; and the question being taken
thereupon, it passed in ibe negative — jeas 56,
nays 5B. as follows;

Ysts— Loinuel J, Aiiton, Burwali BuMit, WilUan
BlsckJedge, John Campbell, Epsphroditiu ChunpioD,
Martin Chittenden, MB,tthen C1b,7, John Clopton, John
Culpeper. aamucl W.Dana, John DiTuDporl, jun.,
luaet EUiot, William Ely, Chutes Goldsboniugh, Ed-
win GtBj, John Harris, John Haister, William Hogs,
Richard 8. Jackson, Robert Jankiin, James Kelly, John
Lambert, Joseph Lewis, jun., Ednard St. Loe Liier-
tDore, Edward Lloyd, Nathaniel Macon, Kobeit Marion,
Josiah Masters, William MUnor, Daniel Montgomery,
junior, Jonathan O. Moaely, Gurden 8. Mumford,
Thomu Newbold, Timothy Pitkin, ;un., Josiah Quin-
ey, John Randolph, Matthias Richards, Samuel Riker,
John RbswII, Jame* Sloan, Dennii Smelt, Jedediah K.
Smith, John Smith, Samoa! Smith, Richard Stanford,
William Stedman, Lewis B. Slui^ea, Peter Swait,
Samnet Taggart, John Tajlor, Jaba Upham, Archi-
bald Van Horn, Killian K. Van ReniMlaei, Isaac Wil-
bour, David K. Williams, and Natbaa Wikon.

Nais— Willis Alston, jun., Eiekiel Bacen, Joseph
Barker, William W. Bibb, Thomaa Blount, Adam
Boyd, Robert Biawo, William A. Burwetl, Witliam
Butler, Joseph Calhoun, George W. Campbell, Rich-
ard Cults, John Dawaon, Joaeph Deiha, Daniel M.
Durell, John W. Eppes, William Findley, Heahack
Franklin, James M, Garnett, Thomas Gholson, junior,'
Peterson GDodnyn, Isaiah L, Green, William Uehna,
James Holland, David Holmes, Benjamin Howard,
Reuben Humphreys, Daniel Ilatey, Richard M. John-
aon, Walter Jones, William Kirkpatrick, John Love,
WUIiam McCrCEiy, John Montgomery, Nicholas R.
Moore, Jeremiah Marrow, John Morrow, Roger Nel-
son, Thomas Newton, Wilson C, Nicholas, John Por-
ter, John Pngh, Jotin Rea of Pennsylvania, John
Rhea of Tennessee, Jacob Richards, Benjamin Say,
Ebeneier Seaver, Samuel Shaw, John Smilie, Henij
Southard, Clement Storer, John Thompaon, Abram
Trigg, George M. Troop, Daniel C. Verplanck, Jeaaa
Wharton, Robert WbitehiU, and Alexander Wilrcn.

FniDAT, November IS.

Mr. HoLMF.a, from the Committee of Claiins,
made reports favorable to the petitions of sundry
inhabitants of Knox county, Kentucky, and of
Daniel Cotton ; which were referred to the Com-
mittee of the Whole.

Mr. Mobrow presented Ihe petition of aundrf
inhabitants of the State of Ohio, stating that, in
consequence of not beinr able to make payment
of the purchase money oue for public landa, their
purchases are liable to forfeiture.

[The petition contains the following sentence:

" Notwithstanding your jpetitioners find their means
of payment suspended, and aincerely r^ret the causes
which have prodnced the scarcity of oinolating medi-
um, and the loaa of a market, yet wa an decidedly oi

.yGoogIc

mSTORT OP CONGRESS.

502

NOTEHBSR, 1808.

Territorial Goperamenlt.

H. or K.

DjHniaii ibmt th« meamras purmed by tha General
GoTcnunent were thoae, and those ODljith&tuMd our
coant/rfiom the enti and dutmae> of war, and which
nifMitna we ue willing to support with our tiTea ai
wtU ai OUT propertj."]

The petitioD was referred (o the Commillee of
PablJc Lands.

Mr. Q,DtMCT moved ihat it be printed for the
Die of the EaembeTK ; ne^lived — ayes 20.

Mr. Lewis pre*enied ■ peiiiion of the Ve»try
of tbe Episcopal Church, ia the town of Aleian-
dria, praying Ihat a latv roay be passed, aaihoriz-
ing ihe petitioner) to raixe, by way of loliery, the
sam of IwcItc thousand dollars, for the purpose

"/■

of Columbia.

Tti« Speaker laid before the House a letter
from the President of the LegislaliFe Council of
Indiana Territory, enclosing a-reporl of a Com-
mittee of the Hou9e of Rcpreieotatives of the
said Territory, adopted by the said House ; also,
the copy of a petition from sundry inhabitants of
that Territory, in opiwsilion to the adiaissiaD of
ilarery or involuntary servitude within the same.
Tbe Speaker laid befure the Home certain
lesolalinns of the Legislative Conncil of the In-
diana Territory, relative to the election of mem-
bers of the said Council by citizens of the faid
Territory entitled to vote for Represcniaiives to
the General Assembly of tbai Territory i and
that the continuance in office of the members of
the Council shall be for the term of four years
only. — Read, and ordered to lie on the table.

The Speaker laid before the Honse a certifi-
cate from the Legislative Council and House of
Representalives of the said Territory of the elec-
tion of Jesse B. Thohas, to serve in ibis House
as the Delegate in Coo^ress for the said Territo-
ry, in the room of Benjamin Parke, who has re-
ugned his seat ; which was read, and referred to
tbe Commillee of Elections.

Mr. Rbea, of Tennessee, from the Committee
on Post Office* and Post Roads, presented a bill
to aathorize the conveyance of certain papers and
documents, by the mail, free of postage ; which
-was r«d twice, and ordered to be engrossed, and
read the third time on Monday next

Mr. Gbolson presented the petition of Araey
Dardio, of the coanty of Mecklenburg, in the
Stale of Virginia, widow and relict of David
Dardio, deceased, praying compensation for the
value of a horse called Romulusj which was Im-
pre»ed into the service of (be Conlinenlai army
auriog (be Revolutionary war with Qreat Brit-
ain.— Referred to the Committee of Claims.
TERRITORIAL GOVBRHMENTa
On motion of Mr. Poihdestbh, the House re-
lolved itself into a Commillee of the Whole, on
the bill conceroing Territorial Governments,
The bill having been read-
Mr. Bibb said, that if tbe Hoose were now
caUed Dpon for the first time lopass an ordinance
for the goverameat of the Territories of the

United Sutes. he should aiMcb very little im-
porlBDce to the decision of tbe present question.
But he considered it not now an abstract ques-
lioa of expediency, but as otie of great moment,
from tbe circamsiaoces with which it was con-
:ted. He denied the right of ibe House to
pass the bill ; and if they had not the right, it was
sorely unnecessary to argue Ibe question on the
ground of policy. It would he recollemed that
the Mississippi Territory was formerly the prop*
erty of the State of Georgia, and ceded by that
State to the United Slates on certain condition*,
me of wbich was that the ordinance for ihegov-
■rnment of the Territory Northwest of tbe Ohio
ihould be the bssis of (he government of the Mis-
lissippi Territory. If this, aaid he, be one of the
conditions of a compact between the United
Slates and Georgia^ surely the United Slates
I no right to Infringe it without the consent
of Georgia; and I, as one of her Representatives,
formally protest against the passage of this bill.
It may oe said, that Georgia is very little inter-
ested in the abstract question, whether the Gov-
r should or should not have the power of
prorogation i but, if a right exists to alter one
part of the ordinance without the consent of
Georgia, it certainly implies a power to alter it in

'ffi.C,.

moved that (be Committee rise and
report progress.

Hr. FoiNOEXTEB inquired of ifae gentleman,
what was his object in making this moiioo 1

Mr. Tbouf said, his object was that the Com-
mittee should rise and report progress, and give
him an opportuoiiy of making a motion that the
further consideration thereof be indefinitely post-
poned ; and he made the motion for (he best of
all possible reasons — (hat the Commillee had no
reason before it to induce it (o act otherwise.

Mr. PoiNDEXTEBsaid, he would state the rea-
sons for which he had introduced Ihe bill, and
which would, he hoped, insure it the sanction of
the Committee. [ will, in the first place, said
Mr. P., advert to (ba( part of the ordinance which
is proposed to be amended by the bill under con-
sideration. In (he ordinance for the government
of Ihe Nor(hwestern Territory will be found (bis
article: "Tbe Governor shall have power to pro-
rogue and dissolve ibc GeoGral Assembly, wnen,
i( shall be expedient." The bill

X

proposes to take away (his power, a
[rary and oppressive in the extreme, ana mcuiu-
paiible with the Constitution ofthe United States.
This ordinance was passed previous (o the adop-
tion of (he Federal Constitution, and if it had
been tbe subject of consideration subsequent to
its adoptioo. this provision bad never been insert-
ed, giving to Governors of Territories a power
paramount to any power possessed by Ihe Presi-
dent of Ihe United States. Take away this
power and a Governor will still have left the
power of negativing all acts, so that none can
pass without his assent; and, being the agent of
ifae General Government, be would give consent
to DO law incompatible with the iiiteiests of the
United SUtM.

.yGoogIc

608

H. or R.

mSTORT OP CONORE88.

6M

Tirrilorial Cnnwrnmente.

NOTEMBEB. 1808.

It hit been «aid thai tbe oriliDaace cannoL be
alier«d wiihoiii ibe commoQ consent of the par-
tie* toil, and ibal the Slaie of Georgia must be
called upon to g'we iti aitenl before the Cungreis
can alter it. Tbere an iwo pait:t of ibU urdi-
asace; the first conlaioa the form of goreTniDent,
Kod the lecond sereral anicles of coiupaei which
mie declared uoailerable but with coiamaD coD'
■ent. After reciiiog the form of goveraiiieDt, thi
ordioaDceM)') :

" The fellowing articlaa ihall be eonridered aa art!
dea of compact between the original Stataa and the
people of tbe State* in the *aiU Territory, and forever
remain unalterable, anltmi bf eoaman eoniant.

1 be

unalterable, but by common eorncm ; it folii
of consequence thai that which precedes the de-
claraiioD is aherable. Independeot of this rea-
eonicg, which cannot be refuted, ai eretf leMJoa
aioce we hare been a Territory, there have beeti
laws passed altering the oTdiaance in some shape
or other. For example, the ordinance requires
Iwo judges to hold a court ; and, tn a varieiy of
inatanees, Congress has legislated with respect to
the form of goTernmeat of the Territory. I had
sappoied that the articles of agreement between
theUnited States and Qeorgia had become obso-
lete, with respect to the imagioed necessity of the
consent of Gteorgia to legislation on the subject
of the Territory. It whs urged at tbe last ses-
sion with all the eloquence which thegeDilemen
from Georgia are in «o great a degree possessed,
and disregarded ; for it was decided by both
Houses that tbe United States had a riffht to rule
the Territory without the consent of Georgia.

Tbe CoDstitulioti of the United States says
that Congress shall "have power to dispose of
' and make all needful rules and regulations re-
' spectiuff the territory or otLer property beloog-
' in^ to trie United States." Can an agreement
arising from the eiercisL' of this power, supersede
the richt of exercising the power expressly ijele-
gated Dy Ibe Conslitutioo itself? Certainly not.

On the ground of policy, I presume, that there
is no venireman who will contend that the power
of which I wish to deprive the Governors, ought
to be retained. The gentleman frooi Georgia
himself aays, that if he were about to frame an
original ordinaace, he would not think of such a

Cower. As the opinion of Judge Tucker has
een referred to on one subject, I will refer to il
on the Bubjeet of prerogative. Let it be recol-
lected, that the power to prorogue and dissolve is
one of tbe highest prerogatives of the King of
England : that it crept into the governments of
bis colonies, and thence into this ordinance, pre-
vious to the adoption of theConstilulion. It now
remains for the United States to say, whether
they will copy after Great Britain, and because
it is a hi^h prerogative, give the Governors of the
Territories of tbe United Slates the same powers
as she gives to her Territorial Goveinon. I trust
it will M expunged.

" Thia definition (of prerofatiTs) is enough to make a
ciliien of the Uollad States ihudder at Iha recollection
that he was born under a Oafemnent in which aucli
doetrines wer* recHVsd ■■ catholic," Ac

This is the opinion of Judge Tucker. Is aot
this sufficient to induce us to lake away from
Qovernors this prerogative? Is not this feature
modelled after tne feature in the Goveromenl of
England 7 Certainly j and that it is transferred
from her Colonial Government, I can show by tha

Present ordinance for tbe government of Canada,
;o which Mr. P. referred.] It is the same princi-
ple, and we bare copied it.
I will oot object to retain this power, if any

Eentleman can show any advantage to be gained
y it. I will suppose an extreme case; that any
of the Territories desigoed to commit treason,
and the Legislature were to pass an act giving
it their saociioo; (and they have shown Icsa
treasonable disposition than some of the elder
States, if we may judge from occurrences of a
few years past) — could not the Governor put
his negatire on this law 7 There could be no such
law without bis consent. It is therefore entirely
unnecessBTv, in any possible case, to give the
Governor tne arbitrary power of dissolving the
Lezislature.

There is a. special reason, which has operated
upon my mind as forcibly as tbe general reason
in favor of the bill on tbe table, fa tbe Territo-
ry which I have the honor to represent, we have
been nearly twelve months without any Legisla-
ture. The Governor thought proper to dissolve
the Assembly without tuy reason given, for the
ordinance does not bind him to assign reasons for
his acts. Within a few days, a new Council hai
been choeen, which mav again be dtiisolved m
soon as it meets, and toe Territory a^ato left
without a Legislature, and no reason assigned for
the procedure. Is it possible that this Govern-
ment will sanction such arbitrary practice-? If
it does, it will be tbe first case since the Revolu-
tion in which such a procedure has been sanc-
tioned. 1 beg leave to refer gentlemen to the
glorious year 1776. I beg them to revert to that
instrument, in which all the sins of our political
father, George III, were delineated, and they will
find tiiaC one of the charges against him wat
that he permitted his Governors to dissolre the
Legislatures from lime to time. Are we prepar-
ed to ingraft these arbitrary principles into our
Constitution, and cherish them when practised in
so arbitrary a manner? Instead of tbid ordinance
being passed with deliberation, itmusthave pass-
ed originally sub lilenlio^ and been adopted for
all the new Territories without any discussion at
all ; for, if the principle had been investigated, it
would never have been enacted into a law. In
the Declaration of Independence it is slated (hat
"he (George III) has dissolved Representative
'Houses repeatedly^ for opposing, with manly
' firmness, his inraiiona on the rights of the peo-
' pie." Here we see that, at that day, we com-
plained of the arbitrary ezercUa of power, and I

.yGoogIc

605

fflSTORT OF CONGRESa

606

HOTEKHR, 1S08.

TirrUariat GovemmmU.

H.orR.

hope th&t, at Ibis day, we sbRit pre it a death'
blow. If any gentieman wishes to retain ii, lei
bim ibow a siogle possible case in whidh it can
properly be exercised — nereT, but to gratify the
ambition or caprice of an individual. The peo-
ple elect RepreseBiatireB aod s^nd tbem to legis-
late ; if they do not plesse the Governor, be ea
lay, "geatlemen, go to your homes — I dissoh
yon." Can there beany eeceasiiy fbrlhis? Bi
I will not detain the House longer, except to e:
press a hope that the Committee will not ris
tinkss it be to report the bill.

Mr. Tbodp sai() be would state, in as fe'
words as he conld, his objections to the passage
of the bill. It was only the day before yesterday
that this bill bad been introduced into the RouH,
^x>poskig- to alter one part of the ordiuHnce.
To-day, a petition came from another Terri-
tory to alter another part of it. Before they ad-
journed, it was ten IDOusaDd to one that not a
remnaiit of the ordinance woald be left, with
their good will.

I have before staled it as my opinion, said he,
(hat the articles of the ordinance are a commct
between the people of the Stales and of the Ter-
ritories, nnatterable bnl with the consent of both
parties. With fheperraiuiooofthe Hoaae, twill
read the opinion of Judge Taclcer on this sub-
ject:

"Congrets, nnder the fbntier conredaralioo, puaed
m ordinance July 13, 1787, lor the goTernmant of the
TerhlaTj of tbe United Slates NortbireM of the Ohio,
which contained, among other thingi, nx trtielei,
which were to be conndered m articlei of compact be-
tween the original Statea and the people and States
Df *aid Tarrit0T7, and ta Nmaln nnaJtrrable, except
bj canunon conient. Theae arlielea appiwr to haye
been eonfinnad by ths siith article of tha Conati-
latioa, which dedani, that all driits contraetad and
angageoMinta entered into, licAire the addition of (he
Ciuwtitiltion, dull be aa valid againat llw United
Slatfla pnder tbe Conatttation aa Dnder tha Comleda-

In ibia cMe there are not only two b«t three

girliea to the articles — the United States, the
tste of Oeorgia, and the people of the Territo-
ries. You will recollect, aa my eolleague prop-
erly slated to you, that theright of soil and jorii-
diction of this Territory was originally in tbe
people of Oeorgia. Of course Georgia had power
W preaerihe for the Territory what form of goT-
cTDineDt the pleased, provided it was repnblicHD.
By the articles of cession, tbe ri^ht of soil and
ivrisdiction was ceded to the people of tbe United
States, on the express condition that the articles
of the ordinance should form the government of
the Mississippi Territory jBnd ibat they should not
beKDVerned otherwise. The inference inevitably
is, that the State of Oeorgia woQld not have ceded
but npon the ejpress coodition ; and this infer-
ence is the more inevitable, inasmnch as, in this
elanse, Oeorgia has made an ezptvas exception to
a partiealar article in the ordinanee ; from which,
Isay thai Georgia intended that no other allera-
tiini should be made.
Wliat waa th« pelicf of the Mditiaitce, and

what the object of its framera 1 Why, assuredly,
to render tbe governments of the Territories da-
pendent on the Government of theUniled Slates.
And bow was it to be effected-? By making the
Territorial Legislature in a great degree depend-
ent on the Governor, and bim absolutely depend-
ent on the Federal Executive. The moment w«
make the Legislature of a Territory independent
of its Executive, we make it independent of the
Federal Government.

And again, as my colleague has correctly told
yoQ, if you have a right to repeal one part of the
ordinance, you have a right to repeal another
part, and so overturn the whole system ala blow.
If so, what will he the effect on the aniclesof
cession and agreement between you and Georgia?
I will tell yon. By the articles of cession yon
reserve to yourself the right of disposing of iba
Territory; yoa also agree to pay Oeorgia, one
million two hundred and fifty thousand dollars
out of the product of the first sales of the laud.
Suppose you transferred to the independent Legis-
lature of the Mississippi Territory the right to
disposeof this Territory, whatsecurity hasGeor-
gia for the payment of her ooe million two hun-
dred and fift^ thousand dollars 1 Moreover, I feet
every disposition to treat with respect the people
of the Mississippi Territory, and paTiicularhr aa
Iperceive thai tbey approve of that course of on
Cravernmcnt, in wbich I most heartily concur;
vet I must say ihat a large majority of the people
have a landed interest distinct from that ef the
Oovernmenl of the United Slates. Take away
from the Governor bis power to prorogue and dts-
folve, leave him the veto, and there will soon be
collision. The Legislature passes an act ; tbe
Governor puts his veto on it. The Legislainre
stands out, and tbe Governor will not yield, and
eventualty you may, perhaps, have to decide tha
aoestion of Territorial properly by the sword.
Recoiled, that upward of six thousand people
have gooe over in the present year, with every
apparent intention to force a (eitlement against
yonr interest and that of Georgia. I am very
glad that the military have received orders to dis-
perse ihem. I trust that they will be dispersed,
and that every man who atands forth in resist-
ance will he pni to ihe sword.

But the gentleman from Mississippi Territory
is certainly mistaken aa to one point. He seem*
to consider the Constitution of the United Statea
as giving to tbe people of the Tefriioiies the
same riglts as the people of the Slates. It is a
mistaken idea, neither warnieied by the letter or
spirit of the Constiintloa. For alihongh lb«
Constitaiion has declared that the people of ona
State are entitled to all ihe rights and privileges
of another, yet it has not declared that the people
of tbe Ternlories have the same rights as the
people of the States. In another part of ibeCon-
slitulion it is, indeed, expressly declared that Con-
gress shall make all laws for the disposal of tbe
Territories ; but there is a salvo, that all acts dona
and cantraets made previous to the adoption of
the GoQstitntion, shall be as binding as if done
afiatwatd. TIte artiolcs c»f tbe ordinance were

.yGoogIc

607

HISTORY OF C0NORBS8.

608

ed. that ihey vrere wiselj' adopted, and have been
Mluiary in their operalioQ. Tfaef were framed
bf ibe Congress of 'B7, composed of men whose
ioteKriiy was incorruplible.and judgment almost
iDfallible. These ariicles, from thai lime to ihi>
have remained tiDiillered, and carried the Terri'
torieB through difficulties, almost iosoperable, tc
prosperity. Aod now, for the first or second
lime, an alleHlioo is propOEied, the consequence
of which csDQOt be foreseen, wiiboul any evidence
that it is either necessary or expedient.

The population of every new country must oe-
eessaiily be composed of a beierogeaeous mix'
lure of various tempers, characters, and interesti.
In a population thus composed, it would be highly
tidiculous to expect that love o( order and obedj
eoce to law would always predominate. There
fore the old Congress wisely reserved to itself the
right to control them; to- give the Oovernoi

Sower, when a Legislature became disorderly,
issolve them; ana far the exercise of ihispow
he is accouniable to tbe General Government.
The genlleraan from Mississippi wishes us n
to treat the Territories as children, whose wild
extravagancies may require correcting by the in-
dulgent hand of their parents, but as the equals
of the Stales, without any other reason than that
which he stales to be the lilustion of the people
of his Territory. They will next wish us to ad-
mil tbem into the Union before tbeir population
will authorize it ; tell us that that Territory does
not grow fast enough, and we must demolish (be
aystem for their convenience.

Mr. T, adverted lo the represenlalion made by
Mr. PorNDEiTBR, of the state of Ihings now ex-
itiin^ in the Mississippi Territory. If such were
Ihe situation of the Territory, and Mr. T. said he

sincerely regretted ii, he could put the geaileman
in a. way ofsetilLug the dispute in a resular
Conuitutional way, and which would be

?sular and

[ prudent and advisable. Certainly, in this
dispute, one of ihe parlies must be right and ihs
other wrong. They had nothing to do but prefer
iheir comprainta before the proper authority, and,
if they were there substantiated, they would ob'
tain redress of their wrongs. If, on Ine contrary,
the people were wrong and the Qovernor right,
(heVisdom of ibis part of Ihe ordinance would be
proved beyond question.
Mr. PotNOEXTBB observed that the genlli

from Georgia had set out with telling the House
(bat if tbe Legislature were made independent of
the Governor, they could pass any law tney pli

ed respecting land titles. The gentleman could
not have looiied at the ordinaoce, for there was
an express provision that the Legislature should
"never interfere with the primary disposal of the
'soil by the United States in Congress assembled,
' nor with any regulations Congress may Sad ne-
' cessary for securing ihe title in sucb soil," ic.
Independent of this, it is control suEScient if Ihe
Oovcmor have a veto on the laws. The gentle-
man has lold you, said Mr. P., ihal these artielei
uf uDalieraUe but with common consent. Wbeit

NOTEMMR, 1808.

up before. I read ihat part which is unalterable.
It is the articles of ordinance and not tbe form of
government; and to this Judge Tucker refers
when he speaks of il. The geuileman has said,
that the situation of the people would not be bet-
tered by taking aWBjr the power, if the veto were
left. In my opiaiou it would be ameliorated. Let
the Governor retain bis veto, but let tbem remain
in session, and pass laws, thai Ihe General Got-
ernment may see whether such laws are worthy
of rejection or of approbation. Now, if the Gov-
ernor discovers them about lo pass a law or do an
■el he does not like, he sends tbern home. Lop
off a litile of this Execotive power, and let tha
Legislature pass laws which be may negative,
and the General Government will have an op-
poriUDiiy of seeing that the Governor will not
consent to proper laws. Trust your Eiecutire
and distrust the people, and you sap the founda-
tion o( the Government. Whatever leads to ibe
conclusion that the people are always wrong and
the Executive right, strikes at the root of repub-
lican instiiuiLons.

Tbe gentleman has spoken of the wildness and
extravagance of the peonle of Ihe Mississippi
Territory. Does he recollect the invasion of the
Spaniards two years ago 1 That, at a few days'
notice, at the requisition of the Commander-in-
Chief, a detacbment of two hundred and fifty mi'
liiia were sixty miles on their march 1 When an
arch traitor from tbe East designed to sever tbe
Union, the people uf the Territory, without call,
assembled near the city of Natchez, and arrested
the traitor. These proceedings cannot be exceed-
ed even by the spirit or prudence of the State of
Georgia. I hope the indignation of this House
will he displayed at ibese insinuations against the
motives of people who have manifested the great-
est patriotism. In respect to the late measures of
ibe General Government, do people feel them
more severely than the people of Mississippi, and
no people belter snpport them. There may be
symptoms of wildoess and extravagance, but they
snow a submission to tbe laws sod measures of
the Union.

The gentleman talks of tender parents. If he
considers tbe Slate of Georgia as one of our ten-
der parents, I protest against it. Althoush she be
one of our parents, there has been no proposition
ever made on this floor, for the good of the Ter-
ritory, which has not met tbe opposition of that
State. But these are subjects on which I will
not dwell.

The gentleman has stated that a number of
peD[rie have gone over lo the Mississippi Territo-
ry to seitle lands, against the express provisions
of the taw. That, nnder the pretext of a pur-
:hase from an Indian, named Double Head, peo-
ile have gone over (□ settle lands, is true; but
rom where? From Georgia. They are citi-
zens of Georgii ; people nurtured by this tender
parent into a state of manhood, and unwilliDg to
participate longer in the tender cares of the State
of Georgia. They have been, very properly, or-
dered to be driven off by military force, because
they have infringed a law of tbe United States.

.yGoogIc

HISTORY OF CONGRESS.

510

H. or R.

Bat these Ihiogt donotloucb tbepNtentquestloa.
I novf propose 10 lake away a power which has
been, bf mistake, incorporated into the Conaiitu-
lion of a free people.

Mr. Bibb aaid ihat the Suie of Georgia had.
ikerer underlakea to legislate fiir the Missistippi
Territory ; but there was a eompnct eiisting W-
iween the United States and Georgia, and he
called npon the United States to adhere to it.
Thty dared not violate it, except the? could vio-
Uie the most solemn compact — the Consliiution.

Mr. Tboop obstirTed that, it had been said this
jiQwei of the Governor was a badge of slavery
copied from the British constiiuiion. That in
many things they had been copied too far, he
agreed; but at to this prerogaiire, it was no such
badge nf slavery, and was found not only in the
articles of the ordinance, but in the consiilutions
of various Stales, qualified in a greater or less
degree. Mr. T. quoted the coDstituiions of New
York and Massachusetts, both which States bad
been considered reputrlicao. Massachusetts, to be
»ute, wasa liiile wavering now, but be hoped she
liad Dotquile gone over to the enemy yel. Thi

1 th(

constitutions gave a qualified prerogaiiv
Governor of uie Stale.

The Commiilee now roae— 58 to 36.

Mr. Troop moved that the further considera-
tion of the bill be IMMtponed indefinitely— [equiv-
alent lo rejeclioD.j

Mr. PoiKDEXTER Calling for the yeas and nays
on the motion, it was decided — yeas 57, nays 52,
■s fotlonrs ;

Y%ii — Lamnel J. Alston, Willis Abton, jun., Eto-
kiel Bacon, David Bard, William W. Bibb, WiUiun
BlacUedge, John Blake, junior, Adam Boyd, Robert
Brown, Joseph Calhoun, John Campbell, Msitin Chit-
tenden, Samuel W. Dana, John Davenport, jun., Wil-
liam Ely, William Findlej, Francis Qatdnor, Charlta
Gt^dsbornugb, Edwin Gcbj, John Reister, William
Hoge, Richard 9. Jackson, 'Robert Jenkins, Walter
Jomw, Jamei Kelly, William Kirkpatrick, John Lam-
bert, Joseph Lewis, jun., Robert Marion, William Mc-
Creery, William Milnor, Nicholas R. Moore, Jonathan
O. HoHly, Gurdon 8. Mumford, Wilson C. Nicholas,
Timothy Pilkin, junior, John Porter, Josiah Quincy,
John Randolph, Matthias Richnrds, Samuel Riker,
Jgbn Ruvell, Dennii Smell, Henry Bontherd, William
Stedman, Lewis B. Sturgei, PeterSwart, Samttel Tag-
gart, Benjamin Tallnndse, John Tajlor, George M.
Tr«op, Jabei Upham, James I. Van Alen, Daniel C.
Verplanek Robert WhHehill, David R. Williams, and
Nathan WiUon.

Naia— Joseph Barker, Burwell Basutt, William A.
Burwell, Willian BuUer, Matthew Clay, John Clop-
ton, John Culpeper, John Dawson, Josiah Deane, Jo-
t^ Desha, Daniel M. Durell, James Elliot, John W.
Eppes, James Flak, Meshack Franklin, Thomas Chol-
•an.jun., Pelermn Qoodnyo, Isaiah L. Green, John
Hania, William Belms, James Holland, Dsrid Holmes,
Benjamin Howard, Daniel Ilsley, Richard M. Johnson
Nathaniel Macon, Daniel Montgomery, junior, John
MoDlgomerj, Jeremiah Morrow, John Morrow, Roger
Nelson, Thomas Newbold, Thomas Newton, John
Pugh, John Rea of Pennsylvania, John Rhea of Ten-
nessee, Jacob Richards, Benjamin Say, Ebeneicr Sea-
ver, Etanuel Shaw, Jama* Sloan, John Smilie, Jededi-

•h K- Smith, John Smith, Samuel Smith, Richard
Stanford, Clement Slorsr, John Tbominon, Archibald
Van Horn, Jesse Wharton, Isaac WHbonr, and Ales-
ander Wilson.
So ihe bill was postponed indefinitely.

Monday, November 21.

Another member, to wit: Jobn Bo t lb, from

Kentucky, appeared and took bis seal in the

Mr. Howard presented apetiiion of sundry in-
habilanls of Ihe State of Kentucky, slating thai
the King of Great Britain having, by his procla-
mation of the sixteenth of October, one thousand
eight hundred and seven, claimed ifae alleg^ianc*
of all persons who may have been horn in hit
dominions, and were not inhabiiants of ihe Uni-
ted Stales of America at ihe period of their Re-
ToIutioD, aDd disregarding the laws of naiurali-
Kalion in ulher couniries, hath authorized the
impressment into his service of his pretended
subjects, and treated as traitors such as may have
taken up arms against him in the service of their
adopted country; the petiiioners being, at the

K resent time, precluded from the privileee of fol-
iwing comueicial pursuits on the hign seas in
safety, iberefMe p^y that such measures be adopt-
ed by Congress as may efiectually resist the un-
just assumption nf pnwer claimed and exercised
by a foreign nation ; and pledging themselves 10
support with their lives and fortunes whatever
steps may be taken, or acts passed, by the Gene-
ral Government, for the welfare of the Union. —
Referred to Mr. Howard, Mr. Jobn Morrow.
and Mr. Harhis, lo examine the matter thereof,
andreport their opinion thereupon to the House.
Mr. Lewis presenied a petition of the Com-
mon Council of the town of Alexandria, in the
Territory of Columbia, praylag that the peti-
tioners may be invested With power to eslablish
and regulate, by law, such inspections of articles
of the growth, produce, or manufaclures of tho
United States, offered for sale or eiporiaiioa
within the said town, as thev may, from time to
lime, deem advanlagenu^ ; also, that certain reg-
ulations relative to debtors and judicial process,
in the town of Alexandria, may be adopted, for
the convenience and' benefit of the inhahitania

The aaid petition was read and ordered lo be
referred to the Committee for the District of Co-
lumbia.

An engrossed bill to authorize the conveyanca

of papers and documents by the mail, free of post-
age, was read the third time, and passed.

Mr. Jebemtar Morrow, from the Committee
on the Public Laoda, to whom was referred, on
the eighth instant, a memorial of the House of
RepresenUtives of the Mississippi Territory,
made a report thereon ; which was read, and or-
dered to lie on the table.

On a motion made by Mr. Dana, ibai the House
do come tu the following resolution ;

ICetohed, That it ia expedient to provide for regu-
lating the conduct of loch merchant veaaela as, by

.yGoogIc

611

mSTORT OF CONGRESS.

612

H. opR.

Miranda'B Exptdition.

NOTBMBER, 180S.

■greemeiit of die n^Mctiva owneti, my Mil im con-
«ert for mulual uaiiUnca Bad lUleno*, in MM* whMi
jaKj ba illowcxl by liw ; and atio br fettling, accord-
ing to tbe course of proceeding in Court* irf Admiral-
ty, (lie leipoctiie TatM of coDtiibntion la be made be-
tween tbem, on account of any Ion or damage nhicb
may be thetebj incurred :

The resoluttoD wa* read, anil refened to the
CommiLtee of tlie Wliole (o wlioia wai oomniit-
ted a renolitiion moved bf Mr..CHiTTEHnEii, on
the [ealh inii&nt.

Mr. Newtoh, rrom tbe Commiitee of Com-
merce and Manufacture*, pre*eitied a bill suihar-
iziQg the PresideoC to employ twelve additional
revenue cutters; which waaread twice, and com-
mitted to a Committee of the Whole Home to-
morrow.

On malLon of Mr. J. O. Jaoebon,

Ordered, That (be memorial at Retura Jooa-
ihan Meigs and othen, wimeiiet againtt Aaroa
Burr, aiiending the circuit court for the Virginia
district, preseoied the Dinlh of November, one
thousand eight hundred and seven, be referred to
Mr. Jackbok, Mr. HEiBTER,«nd Mr. N. Wilbon,
,to esamiae and repon their opinion thereupon to
the House.

MIRANDA'S EXPEDITION.

Mr. Love, from the committee to wbona was
referred, on the sixteenth insianl.tbe petition of
thirlf-siz citizens of the United Slates now con-
fined at Carlbagena, in South America, under
aenienceof ala very, made a report tbereon; which
was read, and ordered to be referred to a Com-
miitee of the Whole Home to-morrow.

The report is aafollowa:

That it appean, from the slaEement of the peUtion-
era, that, in February, 1806, they aailed from New
Tork on board the Leander, a ahip owned by Bamual
O. Ogden, tbe command of which wu, after getljng to
sea, auumed bv Oeneral Itliranda.

That, &am New York, the said abip aailed to Jao-
mel, where tbe raid Miranda procnred two aehooners,
en board wbicb tbe petitioner! were placed, which, to-
gether witb the Leander, sailed, under the command
of Miranda, about the last of Alarch, in the aame year,
tar the norlheni parte of South America, and arrived
on the coaat of Tern Firma in the latter pait of April

That, upon thair arrival on the aaid eoaat, the two
■ohoonen, on board which the petitioDera were em-
barked, were capUued 1^ two Spanish armed veaaela ;
the ahip Leander, with Miranda on board, havingmada
her eac^M.

That the petitioneia, together with ten othen, were
convicted by a Spanish tribunal, st Porto Cabello, of
the crime of piracy, from tbe circumstances of suspi-
cion which attached to their ■lluali'in, and not from
any act of that kind committed on ths high isaa ; tbat
the ten othera above mentioned were sentenced to death,
and the petitioner* some to eight, oUier* to ten years'
*lavei7, which they now are saSering; aome chained
together, others doaely confined under heavy irons and
a guard, destined lo other places and to similar pun-
iahment.

The petitionera state that they were eatr^iped into
tiis aarvice of the said Miranda, on the »aid ej^editioo,
by asnirancea, made at thtf time of their engagement*,

that tbey were to be employed in the service of Iha
United Btatea, and under the entbority of the Oovern-
ment. For the troth of their statement, and a confirma-
tion of the charges they make against certain persona
of having thus deceived and betrayed tbaoi into an in-
voluntary co-operation in the dsaigii of fitting out an
armament sgainst a nation in amity with the United
Stales, they refer to the tectimooy of several peroona,
laid lo be inhabitatiU of the city of New York, and ta
have had proposals made to them similar to those by
which Uie petitioners were induced to engag* on board
the Iieander.

Tbt petttionen also state that no Opportunity waa
offered them of escaping from the aervice of the said
Miranda and his ansociates ; that they were restrained
under die moat tigoious discipline, and at Jacmel, the
only place where an opportunity of escape might ha*«
' " " I strictly guarded to preventit.

rtain captains of
le ports of Pbila-

wen proba
!'or the tru

vess^ then at Jaomel belonging V.
d^phia and Baltimore.

Ttie committee further report that the foregoing
stalanientBof thepetitioiMn are anacDompanied by any
competent testimony in support of them, and, at IM
aame time, are uncontradicted by any opposing cii>
cotnstsnces ; thej are of opinion that a very Strang
probability of the petitioners not having been guilty of
the crime of wilfully engaging in the uulawAil eipe>
dition of Mirinda attenda their application i first, be-
cause the petitioners have made a detailed statement
of facts relative to the deception pcactised on them,r*-
ferring to such species of evidence as to render theiT
contradiction eaay, if not founded in truth, and thua
lessen their claim on their country, and diminish their
hopes of liberation : second, because it i> presumed
they were proven to the Spanish tribnnal before which
the; were convicted to have been oflenders in a sec-
ondary degree, those who ware proven te have beea
mon heinoosly goil^ having been sentenced to aoflar
death.

The committee, however, ate of opinion that, ohould
the petitioners have been guilty of a crime against th*
United States by a voluntary or otherwise culpable in-
fraction of its taws, the dictates of humanity, no leaa
than the prindplea of jostice, ought to inflaence Uw
LegisUture of Uie United States to adopt the proper
meana of restoring them to their country, in onlei
that they may expiate the offence by a punishment
suited to but not transcending the magnitude of their

Hie oiHDmittee, therefore, beg leave to aubmit tba
fbllowing resolution fi>r tbeconaideratioaoftheHousai

JUioivtd, That tbe President ol the United Stale*
be requested to adopt the most immediate and elfica-
dous mesns in his power to obtain ftum tbe Vicsroy
of Grenada, in South America, or other proper author-
ity, the liberation of thirty-six Americsn citizena, con-
demned on a charge of piracy, and now held in sla-
very in the vaults of St. Clara, in Carthagena, and
that the sum of dollars be appropriated for that

THE EMBAROO.
On a motion made hy Mr. CHrTTEMDBM that
the Hoase do now resolve itself into a Commit-
tee of the Whole on a resolution submitted bf
him on tbe tenth instaot, relative to a reoeal of
the several acts laf ing an embargo on all sbijM
and Tettels in the port* and harbor* of the Uni-

.yGooglc

HISTORY OP CONGRESS.

NoTcnBB, 1808.

Foreign Rdation.

ted Stnei ; cod the qneatioa beiDtf taken th«re-
Dpoo. it pasMd ID ibe negaliT'e-i-y«M42, oaysi 71,

Rs follows :

Till — Burweil Butott, John Csmpbrfl, EpajdiTO-
ditui ChampioD, MnrCin Chittenden, John CulpFpeT,
Sviiuel W. Dana, John DsTenport, jnn., Jamei Glliat,
WilHam Ely, Edwin Gnij, John Bairii, William
Helmi, Willinm Hoge, Sicliard Jarkion, Robert Jen-
bna.JoKph Lewis, jun.,Edwiird St. Loo Livormore,
Nathaniel Macon, Robert Marion, Joiiah Mnateri,
William Milnor. Daniel Montgomery, inn., John Mor-
IDW, Jonathan O. Moadj, Timoth; Pitkin, jua., Jo-
nah QaiDcy, John Rnieell, Jamea Bloan, Dennia
Bmelt, John Smith, SamaBl Hmilh, RIcharJ BUnford,
WimaDi Stedmnn, Lewis B. Sturges, Samuel Tag-
gaK, Benjainin Tallmadge, Abram Trigg, Jabel Up-
han, Archibald Van Horn, Killian K. Van Henaae-
iur.ima Wilbonr, and David R. Williami.

NiTi — Lemuel J. Alaton, Willii Alilon, jun., Exe-
Ud Bacon. David Bard, Joiepb Barker, William W.

Kjih Calhoan, Matthew Claj, Jaba Cloptoa, Richard
CalU, John Dawaon, Joiiah Deane, Joaeph Desha,
Dinirl M. Darclt, John W. Eppei, William Findtey,
Jamea Piik, M«back PranUin, Prancia Oanlnor, Tha-
moGhcHaon, Jun., Pet«m>n Goodwyn, laainh L. Green,
Min Heiater, Jamea Holland, Darid Holmei, Benja-
min Howard. Reuben Humphreya, Daniel Ililcy, John
G. Jacknn, Richard M. Johnson, William Kirkpat-
wi, John Lambert, John Lo»e, William McCreciy,
JohoMontgomeTT, Jeremiah Momnr, Onrdon B. Mum-
ind, Roger Nelaon, Thomaa Newbold, Thomaa New-
tnn, WiJBOn C Nicholaa, John Porter, John Fugh,
John Etea of Penniyliania, John Rhea of Tcnneaaee,
Jacob Richards, Matthias Richards, Samael Riker,
Benjamin Bay, Ebeneier Seaver, Samuel Shaw, John
BmiKe, Jedwliah K. Smith, Henry Southard, Clement
Btorer, Peter Swnit, John Taylor, John Thompson,
George M. Trovp. JacMa L Van Alen, Daniel C. Ver-

^11, Jiw« Wharton. Robert WhitehiU. Alexander
HI, and Nalhui Wihon.
And OD motioD, ibe Houae adjouiaed uotil to-
tnorrow. •

TuESEUv, Novcnber 83.

Two other mambera, to wii : rrom New York,
PbilipV&n CoDTLiNDT, and from South Caro-
liaa, RioHimi Wmn, appeared and took their
cnt9 in the Houm.

Mr. Lewis preaeoted ■ peitlion of ibe Wash-
iagtoti and Alexandria Turnpike Compaajr, and
of sundry oiber inhabiianis of the county of Al-
eiindria, in the Territory of Columbia, praying
areriatoD and amenilcaent of a Ian', passed at the
luc teiisioD of Congress, entitled "An act I'or the
uUblishmeDl of a Turnpike CompaDy io the
couDiy of Alexaodiia, ia the District of Colum-
bia."—Referred to Ike Commidae for tlie Dii-
(riet of Columbia.

On motion of Mr. Vak Alkh,

Bemdeed, That the Committee of Commerce
■ad Manufactures be ioatrucled to ioquire whe-
Iher any ameadmeut ouglil to bemaderelaiiTe to
the eon peiua lions of the officeia of ibe caatoms
now allowed by law ; wtib leave to report ibne'
oa by bill, or olberwi«e.

lom Com. 2d Sess-— 17

FOREIGN RELATIONS.

Mr. a. W. Campbell, from the commiitee ap-
poioied, on the elevenlh inatani, on so much of
Ihe Message of the President oFlhe United Stales,
Bl the eommencemenl of the pri^pnt seas ion, at
respects our relations frith foreign Powers, made
a report in pnrt ihereuo; which was read, and
referred 10 a Commillee of [he Whole on Thurs-
day next. The report is as follows;

The commiitee to whom was referred so much of the
Meaaage of the President of the Uniled Stales, of the
3d instant, as reapecta our relstiana with foreigii Pow-
ers, report in part —

Alter s period of twenty-Sve years of peace, hardly
iateiTupted by Iranaient hoalilitiei, and of prosperity
unparalleled in the hiatorj of nationa, the United
States are, for the firal tunc since the treaty which ter-
minated the Heiolationarj War, placed in a situation
equally diflicult, critical, and dangerous.

Those principtea, recognised by the civilized world
under the name of law of nations, which heretofore
controlled belligerent Powers, regulated the duties of
neutrali and protected their lighu, are now avowedly
disregarded or forgotten by Great Britain and France.
Each of those two nations captures and condemita all

emy's allies ; and overy European Power having be-
come a party in the contest, the whole of our com-
merce with Europe and European colonies, becomes
liable to cuptare by either one or the other. If there
be any nominal exception, it ia made on a condition
of tribute, which only adds insult to the injury.

The only pica urged in justification of those hoatil-
i^es, is thai of retaliation, grounded on a preaumed
acquiescence of the United States in previous aggrea-
aiona by the other parly. Waiving a diacDsiion of the
correctnesa of the principle of retaliation, a principle
doubtful in itself, and altogether inedmiasible to the
eitent to which it has been carried, and when ope-
rating on the neutral rather than on the eae^iy, it ia
altogether untrue thai the Uniled Sutes have ever
voluntarily acquiesced in the unlawful aggressions of
either nation-, omitted or delayed any meaaurei calcn-
latod b) obtain redress, or in any respect deviated from
that impartiality to which they were bound by their
neutrality. France has alluded to the violations of
the nationa] flag, and of the sovereignly of the United
States, in the instances of Pierce'a murder,. of the out-
rage on the Chesapeake, and of the destruction of the
Impetuous. The measures taken to obtain redress in
those eaaea are of public notoriety, and it may be ad-
ded, that, with the eiception of the last, those aggres-
sions on the sovrreignly of the Uniled Slates did not
aflect their neutrality, and gave no right to Franca
either of complaint or interference. Setting aside
irregularities of less imporlance and eqaally chargeable
to both nations, such aa Ihe British Order ofJnne, 1803,
and the decree of the French General, Ferrand — the
principal violations by England of the neutral righto
of America, prior to the Berlin decree of November,
1806, and which, if acquiesced in, might have given
grounds of complaint t« Fmnee. are Ihe capture of
American veaaels laden with Colonial produce, fonAded
on a renewal of that pretended principle generally
called *■ the rule of I7H," the impressment of Ameri-
can seamen, compelled thereby to become the auiilt-
ariea of England againit Prance, and proclamatiDD or
nominal bloekades, particutarlj that of the coast &oin
the river Elbe Io Brest, DOOfUd in May, ISOS.

.yGoogle

616

HISTORY OP CONGRESS.

616

I.ofB

Foreign Relation!.

NoTEHBBa, 1808.

Il trilt not be ancrted, Ibnt ihs United Statai em
tameljr acquiciced in cttbFr of thowi preteniiona. It
nill not l>a ilenif d, that, with reipect to Ihe two fint,
the most (trcQuaus efforts were inceuantly made to
procuro Bii alteration oTlho BriliBh syilem.

It ji true, Ihal, to the naminal piocUmition block-
adca of Eogland, the United Slalci had oppoted only
aplrited and repeated remongtrancea, and (hat thtria
had not atwaj) bean Buceeuful. But, (he meaaurei
which a.neulral nation Taay be luppoaed bound to take
againit the infiactioni of ita neutralilj, muit alwaya
bear a certain proportion to Ihe cilcnt and nature of
the injur; received, and lo the uieana of oppoaition.
It cannot certain!; be pretended that a bast; resort Ic
war should m eyttj auch initanee have bocanie the
duty of America. Nor, can the irregulariliea of Eng-
land, in declaring in a state of blockade a certain er-
tent of coast, part of which was not, and the whole of
which could not, even bj her povrcrful Davy, bo actu-
ally invested and blockaded, be plead in juatlflcalion of
that decree, by vuhich Franco, without an clTicicnt fleet,
pretends to announce the blockade of tlie dominiona of
a Power which has the in con teat able command of the
aea, and bernre no port of whicb, she can atation a
wngle vessel.

The Milan decree of 1807 can atill leas reat for ita
defence on the supposed acquieaccnco of the United
fitalea In the Bcitiab Orders of the preceding month,
since thoao Ordera, which have not certainly been
acquiesced in, were not even known in Ameriea at the
date of the decree. And it ia proper here to add, that
(he French have, particularly by the sequealralion of
certain vcBsels in their porta, and by burning our abipa
on the high seas, gone even beyond t)ie tenor of (heir
own ejtraordinary edicts.

The allegation of an acquiescence in the Berlin de-
dree of November 1S06, by which alone the Brltiah
Government pretends to justify the Ordera ofCouncil,
it equHlly unfounded. In the note on that subject,
addreaiedoQ the 3lsl of December IfiOG, by the Briti»b
Oovernmenl to the American Miniaters, after having
■tated that "they could not ttelieve that the enemy
would ever seriously attempt to enforce such a syalem,
the following declaration ia eipresaly made : " If, how-
«Ter, the enemy should carry theae threata into eieeu-
tion, and if neutral nations, contrary lo all eipectation,
•bould acquiesce in such usurpations. His Majesty
might probably be compelled, however reluctantly, to
retaliate in his just defence," dee. The 1 wo requisites,
neceasary, in the opinion of Great Britain, to iuatify
retaliation, are stated to be, the execution of the decree,
and the acquiescence of neutral oationa. Yet, within
Mght days after, and in the face of that declaration,
without waiting for aicertalning either of those faeta,
the retalUling BriUah OrJer of January 7th, 1807, was
issued, which, contrary to tho acknowledged law of
nations, auhjected to capture, vessels of the United
States sailing from the ports of one belligerent to a
port of another belligerent.

The United States, in the mean white, and without
delay, bad taken the necessary steps to ascertain
the manner in which tl\o French Government intend-
ed to execute their decree.

That decree might be construed merely as ■ mu-
nicipal law forbidding the introduction of Britiah mer-
chaodise, and the admission of vessels coming from
England. Under that aspect, and if confined to that
object, the neutral rights of America wer* not aflecled
bj ill opaniioni

A belligerent may, wHhont any infraction of neutral
rights, forbid the admission into hie porta of any vessel
coming from the ports iif bis enemy ; and France had
undoubtedly the same right to exclude from her domin-
ions every species of British merchandise, which tfaa
United States have exercised in forbidding the importa-
tion of certain species. Great Britain might be injured
by such regulations; but America had no more right
to complam of that part of the decree, than France had
lo object to the American Non-ImnorUtlon Act. So
fsr, indeed, as respects the Unileu Statea, Ihey wera
placed by the municipal part of the decree in the aama
situation. in relation lo France, in which they are placed
in their intercourse with Great Britain, by (be perma-
nent laws of (hat country. The French Decree forbids
American vessels to Import British merchandise into
France. The British Navigation Act forbida AmericBD
vcasels to import French loerchandise into England.
But that broad clause of tho Berlin Decree, which de-
dared the British Islatida in a atata of blockade, though
not followed by regulations to Ojat effect, still threat-
ened an intended operation on tho high seaa; this, if
carried iiilo effect, would be a flagrant violation of (he
neutral lights of the United States, and aa such thej
would be bound to oppose it. The Minister ai Ihs
United ijtstes at Paris immedialely applied for eigdan-
etion on that subject; and the French Minialer of Ma-
rine, on the S4th December, 1806— aeven days before
the date of the above mentioned note of the British
Government— stated, in answer, (hat the Decree made
no alteration in the regulations then observed in France
with regard to neutral navigation, or to the commercial
convention of (he United Stales with France; that (he
declaration of the British Islanda being in a state of
blockade did not change (he existing French laws con-
cerning maritime captures ; and that American veaaels
could not be taken at sea for the mere reason of their
being going to, or reluming from, an English port.

The Bxceulion of tho Decree comported for several
months with those fiptinations: several veaaels wcra
arrested for having introduced artieles of Eogliih man-
utacturo or grow^, and among them, some which, be-
ing aelually from England, and laden with EnglUh
colonial produce, had entered wilh forged papera, as if
coming from the United States: But no elleration of
the first construction given by the French Government
took place until the month of September, 1807. The
first eondeunation on the prind]^ that the Decree
subjectsd neutral vessels to capture on' the high aeaa,
was (hat of ths Horizon, on tho 10th of October fol-
lowing. Prior to that time there could have been no
aoquiescence in a dsoree infringing the neutral rights
of the United States, because, till that time it was ex-
plained, and, what was more important, executed in
such manner as not (o infringe those rigbtn — because,
until then no such infraction had taken place. Tho
MinistcrsoftheUnitedtJtatrsat London, at the request
of the British Minister, communicated to him on the
18th October, 1S07, the substance of the explanations
received, and of the manner in wfaidi the Decree was
executed; for they were at that time ignorant of the
change which had token place.

It was on"tho 18th of September, 1807. that a new
constmction of the decree look place; an inatraction
having on that day been transmitted to the Council of
Prizes by the Minister of Justice, by whieji Uiat conrt
was Informed, that French armed veasela were authra-
iied, under that decree, to seize without exception, in
neutral vessels, either English property or marchandiM

.yGoogIc

HISTORY OP CONGRESS.

NOTEMMR, 1808.

fireign Rtlalioiu.

H. opR

of BngHih growth DT mutD&ctnre. An immediate ei-
plantlion hiTinp been uked from the Trtncb Minieter
of Foreign Kfialiooa. he conBrmcd, in hie toawer of
the Tth of Oclober, 1807, the determinaliaii itf hiaUof-
etnment to adopt that conBlrucIion. Iti first applica-
tion took placa on the lOtb of the lame month, in the
case of the Horlion, of nfaicb the Miniiler of the Uni-
ted Statea wu notinloTDied antil the month of Noiem-
ber; and on the ISth of that month, he pruented a
■pirited nmonatTanco againat that infraction of the
neutral right* of ^e United Statei. He had, in the
ineenlime, tranimitted to America an indructton to the
Council of Priiei of the I Blh of September. Thii wat

received on the of December j and a copy of the

decinon in the caie of the Homon, having at Ihe iudb
time reached Government, the Preiident, aware of the
conaequencea which wonM follow that new itate of
things, communiealed immediately ' to Congresa the
■Iteration of the French Decree*, and recommended the
embargo, which wu accordingly laid on the SZd of
December, ISOT ; at which time it waa wdl nnderatood,
in thia connlry, that the British Orders of Council, of
Noiamber preceding, had iaaoed, allbangb Ihej
not officially communicated to our OoTemmenl.

On the ) ith of that month thoae oidor* did letnaUy
iaaue, declaring ihatall the portsof PrancBjflf her allies,
and of any other country .at war with England, ai '
other porta of Europe, from which, although not a
with England, the British flag was excluded, should
thenceforth be considered as if the same were actually
blockaded ; that all trade in articlea of the produce or
manafacturea of the said countries, should be deemed
unlawful ; and that eveiy vcsioL trading from or to the
■aid countries, together with all goods and merchandise
on board, and also all articlea of the produce or c:
fictore of the aiid countrici, ebould bo liable to ca

dent iafnctioD of their righti, and such aa they wer*
bound Xa oppose. For their Minister at Paris imme-
diately made the necessary remonstrances ; and tli*
orders ware issued not only without bsTing ascertatned
whether the United States would acquiesce in the in-
jurious altoratioQ of the Flench Deccse, but more thao
one month before that alteration was known in Amer-
ica. Itm^even be aaeerled thatlbsalteratianwasnot
known in England wbea the Orders of Council weia
issued; die instruction of the ISth September, 1807,

These ord,era cannot be defended on the ground of
their being intended a* retaliating on account of the
Berlin Decree, ■■ conalrned. and nntlbrmly executed
ftom ita dtte to tha 18th September, 1807, ita construe,
tion and eieention having till then infringed no nen-
tral right*. For certainly the monelrons doctrine will
not be asserted even by the British Government, that
neutral nations are bound (oranat, not only tin actaoT
belligerent Powers which violata their righta, but also
those municipal regtilatioaa, which, however they tnay
injure the enemy, are lawful and do not lUIect the le-
gitimate righta of the neutral. The only retaliation to
be need in such casas, must be snch u will operate on
the enemy without infringing tha rights of the neutral.
If solely inteoded as a retaliation on the Berlin Decree*,
as executed prior to the'moDlh of September, the British
Orders of Council should have been confined to forbid-
ding the introduction into Great Britain of French or
enemy's merchandiee, and the admiaaion into Britiah
porta of neutral vesMU csamg from a French or other
enemy's port Indeed the ground of retaliation on
account of any eulpable acqiucKence of neutrals in de-
crcM violating their rights, ia abandoned by the very
tenor of the (rrden; their opnstiona being extended to
those countries from which the British flag waa exclu-
ded, such aa Austria, although aneh oonntriea were
neither at war with Oreat Bittain, nor had passed any
decree in any way afieeting or connected with neutral
tights.

Nor are the orders jnatifiable on the pretence of an
acqaiewxnee on the part of the United Statea in the
French Decree, aa construed and executed aubseqneot
to the ISth Baplamber, 1807, whaa it became au evi-

licalion hating been made in Uaeembex, 1807, and bj
the American Government itself.

The British Orders of Council are, theralbie, nr^na-
tifiaUe on the principle of retaliation, even giving |»
that principle all tha latitude which haaover beenavow-
edty contended for. They are in open violation of the
■nleisn dedaration made by the British Ministera in
December, IS06 ; that retaliation on the part of Graal
Britain would depend on the execution of an uoIawAiI
decree, and on the acquiescence of neutral nations in
■neb infraction of Ihoir righta. And they were aUa
iasned, notwithstanding the official communication
made by the Miniatara of the United Stales, that the
French Decree was construed and executed so as iK>t
to infringe tbcir neutral rights, and without any pra-
""" denying the correctness of

The Berlin Decree as oipoundod and executed aab-
sequent to (he I8tb September, 1307, and the Britiah
Orders of Council of the 1 1th November ensuing, bm
tberefare, aa they reaped the United Stetca, cotempo-
ranoons aggresaiona of the belligerent Powen, equally
unprovoked and equally indefensible on the presumed
ground of acquioscence. Theae, together with the
Milan Decree, of December, 1807, which filled the maa-
sure, would, on the principle of self-defence, have jaa-
Ufied immediate hoslililiea against both nsliou on the
part of tbe United Stales. They thought it mora eb-
g;ible, in the firat irutance, by withdrawing their Teasels
from the ocean, to avoid war, at lea«t. for a season, and
at tbe same lima, to snatch their immense and defence-
leas commerce from impending destruction.

Another appeal has, in the mean time, been made, noder
the authority veslad in tbe President lor that purpoaa,
to tbe justice and true interest of Franca and Bufitui,
The proposition made by the United Statea and the
arguments urged by their Ministers are befilte Congrsib
Bt these, the very pi«teit of the illegal edicuwaeremetr-
eil and it iseiident, that ■ revoeation, by eitiier natioa,
the ground on which it waa aaked, either moat have
produced, what both pretended to have in view — area.
toratiao of the freedom of oammerca and of the ac-
knowledged principles of the law of nations ; — or, in
case of refusal by the other belligerent, would have
carried into oflect, in tbe m(M efficient manner, lb*
ostensible object of the edicts, and made the United
Statea a party in tho war against him. The efibrt baa
been iaenectusl. The propositions have been aclusUj
ejected by one of the bsUigerent Powers, and remain
nansnered by the other. In that stata of things, wlwt
Durae ought tiie United States to pursue 1 Your com-
mittee can perceive naother alternative, but abject aad
degrading submission ; wsr with bath nations ; or ■
and entorcameht oflhei

The Srst eannot require any d
preaauie of the embargo, so aanaibly ielt, and the aa>
a ilalnrif iiiai, naliiiallj iiiaala

.yGOOgIc

HISTORY OF CONGEESS.

fhreign IMatitmt.

NOTGMBIR, 1S08.

k wiah thill lonie middle courie might be ilUcovcred,
whidi ihauld BTOid theeTili of both, and not be incon-
■ident nith nitionol honor ind indepandenca. That
fllniian muit be diuipsted ; and it i> neeemry that
the people of the United Slate* fhould Tall j and entand
the litnation in whioh they are pUred.

TiMre ia no other alternative, but war with bath
BltionBi or * continutnee of the prewnt ijalem. For
war with one or the belligerent* only, would bo nibmi*-
■lon to the edict! and will of the other; and aTepeal in
Vhole or in part of the eiubaigo aiuit necenrilj b«
war or ■ubmiaaion.

A general repeal without arminK, would bo iDbmSs'
HOD to bolh nationa.

A general repeal and arming of our merchant in-
aria, would bewar with both, and war of the vroralkind ;
ntflning our enelniea toplnnder ni without retaliation'
upon them.

A partial repeal muat, from the siluatioD of Earape,
neceiniriif be actual labmiaaian to one of the aggrei'
■on, and war with the other.

Tbe lait poeition litheonly one on which there can be
an; doubt ; and it will be moit latiifBCtorily demonitra-
ted by lelecting among the aeveral m odiliii lion ■ which
night be auggealed, Ibst which may on Rret liew ap-
pear the least exceptionable — a propoeition to repeal
the embargo, lo far only a> relates to thoae Powera
tohirh hare not paaaed or do not execute any deeree*
injurious to the neutral righia of the United Htatea.

It la aaid that the adoption of that propoailion Would
reatcre onr commerce with the native Poweri of
Aaiaand AOira, and with Spain, Portugal, Sweden,
ud Soaeia. Let this be taken for granted, although
tbe preciao line of conduct now puraoed by moat of
IboM nation*, in relation to the United Slaiea, i* not
correctly aacertained. So far aa reletea to any advan-
tagea which would mult f^om that meaaure, if eon-
fined lo its oateniible object, it will.be auffieient to ob-
serve that the eiporta of articles of domestic prodaceol
the United Staica, daring the year ending the SUCb
Beptember, 1807, amounted (o 94B,TOO,000, and that
the portion exported to the countries above enumerated,
Ihlla abort of seven millions; an amount too inconaidera-
hie, when compared with the bnlt of our exports, to
deaerve atterttion, even ifaqiipKion affecting the inde-
pendence of the nation waa to be decided by oonaider-
•tiona of immediate profit.

Bat tbe true efiect of tbe propoaitfon would be to

ri an indirect trade with Great Britain, whieh,
ugh St. Bartholomew and Havana,- Liabon. Ca-
dii, or Gottenburg, would receive, at prices reduced
by glutted markets and for want of competition, all the
ptoviaiona, raw materials fbr her manufacturea, and
odier articlea, which she may want Whether she
would be aatiafled with that ftvorable stale of Ihingi,
or whether, considering dial boon as a pledge of un-
qualified submiitjon, she would, according to tbe tenor
of ber orders, intetrupt onr scanty commerce with Rua-
ida, and occaBionally, under some new pretext, capture
nther than purchaae the cargoes intended for her own
vae, ia eqnally uncertain and unimportant. Nor ean ,
h be doubted that a meaanre which would supply ei-
elnaivety one of the belligerents, would be war with
the other. Considered merely aa a queation of profit,
it would be much more eligible at once to raise the em-
bargo in relation to (ireat Britain, aa we would then,
at least, have the advanlegea of a direct market with
tbe eoDBumer. But the proposition can only be de-
fended on the ground that Prance is the only aggreaaor,
and that, having no juat reauii lo complun of En^nd,

it ia our duty to submit to her ordeia. On that iiiad-
misaible suppositioD, it would not only be tnore candid,
but also a more dignified, a* well as more advanta-
geoua course, openly to join England, and make wax
against France. The abject would be clearly under-
alood, an ally would be (riitained, and tlie toeaaure of
Bubmisaion might be belter palliated.

It appeara unnecessary to pursue any farther the ex-
amination of propositions, which the difficult aituation
of the United States could alone have sugKoted, and
which will prove more inidmissibla or impracticable aa
the subject ia more thoroughly investigated. The al-
ternative is painfnl ; it is between a continued sua-
Knsion of commerce, and war with both England and
ance. But the choice muat ultimately be made b«-
tween the two ; and it is imporloDt that we should
be prepared tor. either the one or tbe other.

Tbe aggresaions of England and France, collec-
. 'dy, affecting almost the whole of onr commeroe,
and persiiled in, notwithstanding repeated remon-
atrances, Biplanationa, and propositions the moat can-
did and unexceptionaUe. are, to all intents and pui^
poses, a maritime war waged by both nationa ogainat
the United Huts*. It cannot- b« denied that tha
otlimate and nuly afifactual moila of resisting ttiat
warfare, if. peraiaUd in, ia war, A pannaaeot aoo-
pension of commerce, after repeated and nnavailing
afforta lo obtain peace, would not properly be raist-
ance ; it would be withdrawing &om the contest, and
abandoning onr indbputable right freely to navigate ttaa
ocean. The present ansatlled state ffiT tbe world, tfaa
extraordinary situatiouin which the United State* a»
placed, and tbe necessity, if war be resorted ta,of mak~
ing it st the same time against both nationa, and thcaw
t^ two moat powerful of Ibe world, are the principal
auaes of hesitation. There would be none in reaorling
to that remedy, however caIamitQus,ifaaeleetion could
be made oh any princi[de of justice, orvrithout a sacri-
Sce of national independenc*.

On a question of such difficulty, involving the tnoat
important interest* of the Union, and which baa not,
perhaps, until lately, been aufiieiently caosidered, yoor
committee tUjik the Hooae alone oootpeteBt to pn>-
Bonnce a deoiaive opinion; and they have, in this re-
port, confined thsmMlvea lo an exposition of the sub-
ject, and to atich intnidnotary reaolnliona, as wilt ba
•qually applicable to either ahsniativa. Tbe firat of
these, being oteraty declaratory of a d

not to submit to foreign aggraasiona, may, pariiapa,
at first view, appear aupeifloous. it ia. howavn, ba-
Iteved by the cmnmiUee, ttiat a pla^a by the Repiv-
acntativea of tbe nation, that they will not abandon te
eaaentia] righta, will not at tbi* eritieal moment be Dnai>
csptable. The nisapprahensiona which aaem to b*«B
existed, and Itie mbfapreaentations which have bc«B
' eircalated, reapeeting ^e atate of oariMaigo Klationa,
render also such dedaratian expedient. And it n^
not be nseless that every foreign nation should undei-
atand, that its aggreaaiDna never Will be jnatiGed or en-
cotiraged by any daacriplian of Amaiicao citiaena. For
the question for every citiaen bow U, whetber be will
rally round tbe Government of his choice, or enliat im-
der foreign banners 1 'WhatberbewiU ba for his eoun-
try, or against his cauntryl

The eommitlaa raspsctfntly anbuit tbe follownis
resoludons;

1. St*ak^, That dieUnitedStatea cannot, without^
aacnfice of their rights, honor, and ind^wndenee, aitb-
mit to the late edict* of Great Britain and Prance.

That it is expedient lo prohibit, by law.

.yGoogIc

HISTORY OF CONGRESS.

fi2S

NaTEMBER, 180& -

Additional Beeeme Culler*.

H.oi-R.

n into the port* of the United Statei of all
public or piivile, armed or unarnied, ibip* or Tcneli
bcIaogiDK to Great Brilsin or France, or to bq; other
of the beltigctent Powers, having in force oiden or
decref* Tioliting the lawful canunerre and neutral
rights of the United Stalei ; and also the importatioa
of any goods, warci, or merchandiaej the growth, pro-
dnce or manufacture of the dominioni of an/ of the
■aid Powen, or imparted Erom anj place in the poa-
■ewion of either.

3. lUtohtd, That nuaiuna ought to be immeduttaly
lakEn for placing the eonntry in a more complete itata
af defence.

FkTetbousKDd copies of the report were ordered
to be prioied for the uie of ibe meDibert of boiii
Hoiue* of Congress.

ADDITIONAL REVENUE CUTTERS.

Mr. Newton called for the order of tbe day on

ihB bill authorizing [be Presideol to employ

velte

Q,uiNCT Slated chat he had no objection
to ibe immediate discussioo of the lubject. any
farther than he chounht It would foresLalL the
more importaai questions which were to be de-
bated upoo. He alluded to the retolutioos for
the repeal of the embargo laws, &,c.

Tbe Speaker told the geulleman (hat the meiits
of tbe bill were oot oow before the House.

It was Mr. Qnincv's ioleoiion, (hecoDliDued,)
to make a motioa; and, if iu order, be would
more that the coosideratioD of the trill be post-

The Speakbk said the moiion would have been
ID order had it been the first made ; but, as thai
of tbe geatleman from Virgioia had been pie-
riously feubmilied, it would of course be first put.
The question was then taken upon Mr. New-
ton's moLioD, and carried — yeas 66, nays 29.

The House having lesolTed itself ioio a Com-
mittee of tbe Whole,

Mr. Newtom rose to stale ibiat the Committee
of Commerce and Manufactures had understood,
from t^ proper authofi'iea, there was a necessity,
for the proper execution of abe revenue laws,
that the force under the direction of the Treasury
Department should be coosideri^biy increased.

Mi. Blackledob remarked, that the cutters nro-
posed 10 be built were necesi&ry, not only (he bet-
ter to enforce our embatffo laws, but, to (he proper
executioo of those for the regulation of tbe reve-
nue. He informed genilemrn that there was but
one rerenue cutter in the whole State of Georgia.
Mr. B. hoped tlie Commiltee would agree to the
Ull then before them.

Mr. Daka inquired whether auy wrltlea infor-
mation touching the necessity there might be for
twelve reteoue cutters bad been receired by the
Committee — any letter from the Secretary of the
Treasury 1 He tbougbl it was necessary, if so,
that it should be submitted to the House.

Mr. Newton replied that (here bad been no
writien commuaicatioo from the proper Depart-
ment to the Coramitcee, They had not thought
it etsenlial. having also understood that the Sec-
retary of the Treasury was particularly occupied.
Howevet, he had wkca the shortest method, by

waiting uiKtn the Secretary bimFelf, and had re-
ceived the informaiion before alluded to. He had
understood thai Ilie probable expense of each cut-
ter would be about $10,000, or, S130,OOD for thf
whole. Each cutter to carry about twenty men.

Mr. QuiNCV thought that the correct mode of
proceeding would require other than mere verbal
information. Respect for themselves should in-
duce genilemen not lo act without oiBcial com-
munication upon (he subject. They could not,
upon any other conJitions, agree to so great an
augmentation of (he force under the direction of
the Treasury Department. There had, hereto-
fore, been but ten cutters employed. There were
never more (h<n (en when commerce was at its
height and the revenue fiourishing. But now,
the House was called upon to vote twelve ad-
ditional cutters, when we are without revenue,
ivitlioui commerce, and there is no informaiion
of an oHicial nature before the House, upon which
it might act.

Mr. Newton could not see that it was of any
consequence lo the House, whether (here had been
a written conimunicatioQ to it upon the subject,
so that the information came Ihrough the proper
orgaOj from the proper authority. It was neces-
sary, in limes of difficulty like (he present, (o act
with spirit and promp(i[ude. The laws should
be execu(ed wiili the greatest strictness; and it
was always wise to take time by the forelock.

Mr. Elliot bad always been opposed to this
mode of lesislniion. The gentleman from Vir*
ginia (Mr. Newtoh) had stated it to be of do
consequence whether the House had written in-
formation upon the object of (he hill, so (hat the
coiumunieation had been made through Ihe proper
organ. Did (he gentleman mean to call himself
the proper organ of comrauaica(ion1 If (be gen-
tleman did, he was willing to consider him aa
such. Let him (hen enter into a little detail, and
show lo the Houae the peoessity there esiiis for
the erection of twelve addiiional revenue cuitert.
It might be recollected that, upon a former occa-
sion, when the building of a number of gunboats
was propose!) as a system of national defence,
there had been a commuDication in writing made
(0 (hem. The President did not take upon him-
self the responsibility of (he measnre. Before
they were called upon to vote, they had fonnd
upon tbe (able (he aecessaiy information from
the Secretary of the Navy. Here had, indeed,
been a communication through the proper orgsit,
but ii came in writing. And. as it had been ob-
tained io that ease, he hoped it would also be
obtained la the present one- He wiahed to know
where the necessity appeared for the increase of
cutters proposed by (be bill, fur it surely could
not arise from any increase in the revenue of the
United States. Mr. E. wu not at all satisfied
that they were wanted, and, im(il further infor-
mation was had, must vote against tbe bill.

Mr. Newton did not intend lo reply to the
gentleman last up, on his cavilling respecting the
proper organ of communication. He, however,
did consider himself, in tbe present case, as the
proper organ. If the House had received aay

.yGoogIc

6S8

HISTORY OP CONGRESS.

H.opR.

Additional Rtftienue Catlerg.

November, 1808.

informalion from the Treasury Deparlinenl it-
■eir, it would liave hvea found, he believed, lo
contain noiliing furiher than he liim!>eir bad de-
tailed. Mr. N. 'hen moved thai ihe Commiuee
rise and repoTt the bill.

Mr. Blacxlcooe made some obserTaiioDx in
(uppoii of [he bill, but ihej were not di^linclIy
heard.

Mr. Debra was of opiuion thai the considera-
lioQ or the bill oucbt for a short time to be post-
poned, nntil itie House could see wliether the
embargo laws would be repealed. Should lliose
laws be rescinded, ihe cutlers proposed to be built
would be found to be unnecessary. He confessed
thai, without any oOicill ioformalioo, and until
Ihe great queiitions before the House should be
deciued, he felt a. reluctance to vote upon the
preEent bill. He, therefore, should raove that the
Committee rise and report progress.

Mr. Upham also hoped for a posiponemeol of
the subject. For his own part, he could not un-
derstand whether these cutlers were wanted for
the purpose of more effectually enforcing ihe em-
bargo laws, or to prerent infraclions el the rev-
enue laws. As far as reapeers information, he
thought himself entitled to know for what he
was roting away money.

Mr. MoBELY aaid it seemed eitraordinary to
TOte for ihe buildiog of addiiioaal revenue cut-
ters, when in fact, there existed no levenue.
Certainly the name of tbem should be changed.
aud, instead of remnut, they should be called
embargo cutters. It appeared to him that Ibere
would soon be mure pressing calls for public
money. The question should, in ^is opinioD, be
postponed.

Mr.BLACit LEDGE said that the expense of build-
ing the cutters would be defrayed by the detec-
tion of goods Bllempled lo be smuggled There
had, already, been many con dem nations. They
were taking place everyday. And it was to sup-
port the laws that these cutters had been called

Oo the iDolion of Mr. Newton, that the Com-
mittee rise and report the bill, it was carried —
jeaa 47, nays 46.

And, on i motion that Ihe House should eon-
aider Ihe report of the Committee of the Whole,

Mr. Pitkin moved that it be postponed aniil
Monday next. The reasons for (he adoption of
the bill, as given by the gentleman from North
Carolina, uere the protection that would thus be
afforded in the colleciion of the revenue, and the
more strict enforcement of the embargo laws.
But, shall we be At the expense of S120.000 with-
out knowing, when ihe cutters are buih, if they
will then be wanted? They might, probably, be
necessary if the House intended lo continue the
embargo laws and adopt the non-intercourse re-
atriclions. He, however, wished first to know
the result of these questions.

Mr. LtvEBMOBE was in favor of a postpone-
ment of the subject. Nothing could be lost by a
abort delay. To use the expression of ibe gen-
tleman from Virginia, il was certainly pi^dent to

aketi

me by the forelock, and it was his wish to
in regard lo the information upon the sub-
ject, which was to be desired. It certBioly would
be belter lo wail, lo see whether the measure was
necessary. The genllsinan had staled that each
culler will cost about $10,000 ; but, may be not
be in error] This would not be the first time
that a genilcmau had been mistaken in his calcu-

much more than ihe sum specilied. Tbey may
probably cost $15,000 a-piece. Every gentleman
had a right to call fur infurraation from the proper
source. He asked where the great necessity could
be shown for these vessels. For what purpose ara
Secretaries appointed if they cannot be called up-
on to yield Ihe information to this House which
many thought necessary T Such information had
been so called for, and he wished lo know from
an official source what sum the cutters proposett
to be built would cost. Should it turn out that
these cutters would not be wanted, or that a much
greater sum than bad been contemplated was
expended in building Ihem, can we account to Ihe
nation and our constituents for it? Shall we
tell them we did not know— but, that the Chair-
man of the Committee of Commerce and Manu-
factures told us so; telling us, at the same time,
that he had it from the Secretary of the Treas-
ury ? But, has the President of the United States
told us thai theie vessels were necessary 1 He has
not. Mr. L. repeated ihat every gentleman upoa
that floor had a right to call for information. He
should not vote for Ibis bill unless the House had
resolved to continue. the embargo laws and pass
a noa-intercourse resohilion. These great ques-
tions, he hoped, bad not been prejudged, aud
decided upon beforehand, Cerlatoly, if the em-
bargo be repealed, it will, at least, be doubtful
whether these cullers will be requisite; and there
has not yet been informalion enough to conviaee
Ihe House that they ought to vote away Ibe
money..

Mr. Newton declared that he bad no^ish to
precipitaie any measure, and would be the last in
urging the loo hasty consideration of a question.
The gentleman last up, has told ihe House that

fact, there is no revenue. Others have talked
about embargo cutters. It is true there is a reso-
lution upon tlie table for the repeal of the embar-
go laws, but, these laws are not yet repealed.
Let gentlemen recollect that ihey are siill in ex-
istence, and if wc do enact laws, it is our duty
to see that they are enforced. He appealed lo -
gentlemen whether information bad not been
made public of the ioleotion of many British
merchanis to smuggle goods into our country, ihe
importation of which onr laws prohibited; and
to the good sense of the House for the propriety
of supporting the measures of Oovernment and
Ihe sovereignty of the couniry. He would slate
to the House ihat there was, in Qeorgia, not a
single revenue cutler,

Mr. LivcRMonE said thai he did not deny the
necessity there mighi be for employing the twelve
additional cutters. He only said ihat he was not

.yGoogIc

525

HISTORY OF C0NQRB8S.

626

NOVBMBI

Additional Revmue Cuilert.

H. opR.

conTJneed ot the nacetsity. For his pnri, he had
heard of no sTnuggling bnl from Canada.

Mr. Jackson, of Virginia, ihoo^ht th« consid-
eration of the bill ought not lo be postponeJ.
The laws wfaicli we have passed have been most
shamefully violated. So long as we haie taws,
we ought to see ihal the; «re rigidly enforced.
Genilemea tell ni we ought not to act with pre-
cipilance. Sir, we hare Iravelled a idbII's pace
in comparison with those miscreants who hare
violated, and are planning riolations of yuur em-
bargo Uws. It appeared as if gentleman had
agreed to create delays by long speeches about
nothing. But he trusted the [Dajorily would not
be driven from the ground which they had taken,
and frota the opinions he had heard expressed, he
was convinced ihat a respectable majority of that
House bad determined against a repeal of the
embargo law). As to the talk about informa-
tion, he had supposed there was iDformaiion
enough among the gentlemen of that House (0
ai'ceriain the probable expense of building a rev-
enue cutter.

Mr. Dana apprehended the question to be.
whether we should deviate from the utual mode
of proeeeiting? whether or not we shall dis-
pense with oflicial InrormaliDn to which we are
undoubtedly entitled ? It is theduty of the Ex-
ecutive to give ua such informBtion in an official
form, upon all objects falling within the business
of the department under his control. There has
been heretofore but ten revenue cutters employed,
and now we are called upon to doable the amount.
But the Secretary of the Treasury should tell
US in an ofHeiai manner, that the aiidilion is ne-
cessary, and let the responsibility rest with the
Treasury Department. He wished not to be un-
derstood as mteudiitg the slightest disrespect to
the Chairman of the Committee of Commerce
and Manufactures, or in the least as dotibiing the
infoTi&atioa of that gestleinao. Yet he thought
it always the better method, as the House had
an unquestionable right to have oflicial informa-
tion, to adopt the usual course. The duty pecu-
liarly belong-i to the Secretary of the Treasury,
and we should always have it from himself, uD'
less upon such trivial subjects as did not merit
serious consideration. Let ua inquire if (he ex-
pense of building these cutters is loo trivial to
merit this consideration. The gentleman fWim
Virginia hud supposed that there was informa-
tion enough in the House to ascertain the price
of twelvfc revenue cullers. But as they might
vary in ske; and the prir-e was regulated by lou-
nnge, it would be rather difficult. He really
thought it would puzzle the most able seaman in
the United Brales to lell'lhe expense of building
a vessel, the size of which he was unacquainted
Wilh. But the cost had been rated at S130,CNX),
and that was certainly worthy of consideiaiion.
tf the cutters should not be wanted, it would be
throwing as much money away as would defray
the expenses of that House during the session,
and that to gentlemen would assuredly be worthy
of consideration. He wa) always willing to
provide for the proper proteclion of the revenue,

but did not think we were always safe in passing
laws wilhout having the necessary informaliott;
he believed it the better course to have it. And
as the present case was not very urgent, wonld
vote to obiain the regular ofGcial information.

Mr. Alston observed that this was. the old
story; it was impotsible to lake a single step
without motions for delay. Let gentlemen re-
flect on certain laws passed at the last session of
Congress, and on the object of the bill now before-
them, and they would find that the power was
left discretionary with the President lo employ
ihe cutters or lo let it alone. If he does not lino
them to be necessary, he is not bound lu have the
cullers built. On Ihia subject there can be no
benefit derived from waiting for further ioforma-
lion. Gentlemen have talked about the repeal of
ihe embargo laws, the passage of a non-inter*
course bill, dtc. Mr. A. declared this was the
first lime In all his life thai he had ever beard
such an argument urged, ft was the (irst time
he had understood that we should wail in passing
laws to Drolect our revenue, until a motion for
Ihe repeal of certain-other taws had been acieil

Mr. Ufbah perfectly agreed with the gentle-
man, ihat whatever taws were in force, ought ta
be strictly executed. But he slated hi: convic-
tion that a majarity of the people of the United
States had expected that the embargo laws would
be repealed at ihe beginDing of the present ses-
sion of Congrefa. That had been his own hon-
ett opinion. He was doubtful whether these
cutters were wanted at all or not; but if they
were, and it was determined at all events to en-
force the embargo laws, why not come up to the
main question at oneel The regular way would
be ID decide that great question first.

Mr. Newton rose lo request the House to at-
tend lo the course which this discussion had taken.
Qentlemen had called for information, but at the
same time had manifested a disposition, if thev
bad that informaiion, nol to cease their oppoai-
tiun to the continuance of Ihe embargo laws.
They had told us repeatedly that out seamen
were in want, yet when a bill is brought forward
10 provide for iho^e searoeti they are foremost in
opposing it.

Mr. Dana thought that If our seamen could
have no oiher provision mide for their support,
this' would EcarcEly answer the name. Ten rev-
enue cutters (0 provide for sixiy thousand sea-
men t Or taking half the number usually em-
ployed !n the Commerce of ihc United Slatei,
say thirty thousand, and ten revenue cutters are
to provide for thera ! Really, sir, and how many
men must one of these cullers carry 7 Our sea-
men were less respectable than he tnought them,
if Ihey could be provided for in this way. For
supposing each of these vessels to carry twenty
men, or even one to eVery ton. It would not do.
They could not tlien talk of dealing out half
allowances, or the fiftieth hundredth pari of an
allowance, nay, a thouaandrfa part. As it re-
spected Ihe revenue of the United Slates, when
information was laid before the House, be could

.yGoogIc

(27

HISTOBT OF CONGRESS.

628

Additional Jievenue Cuilert.

NovEMBBH, 1808.

then judge Tor himself. If ibia fcrce be neces-
sary for securiDg the leTenue of ihe Uniied
States, it would be Rbsurd lu lieay the TespoQti-
ble officer ihe meaas of lialn^ his dutf . But if
it was intended far an inhibition of revenue, in-
Blead of protection, be should nut vote for it until
the main qusslion was decided. He wisbed firit
to iiD^w ifie Bland which ivould then be taken.

Mr. &UINCV said Ibal the argument drawn
from a want of inrormaiion, was not ilie siroog-
«at which mlshi be urged agaiDsi the eun^ideiu-
lion of the bin, for there had been none sufficient
lo conviace the Mouse that the twelve cuilerK
tnenlioned in the bill would be enough fur the
purpose of enforcing the embargo and ni'n-inier-
couTse taws. Perhaps ii might be thought nrces-
•ary at this time to have official inrormaiion,
that we might act intelligibly. Geniiemin say
that our lawt are violated, and that tliey mu^t be
carried into more complete effect; but if the
Uwa are entirely done anqy, surely the House
will not vole the twelve additional cutters. He
hoped, therefore, that the Huu^e would not thus
inaiscreeily decide upon so imptu-tani b question.

Mr. Lloyd asked what possible difference there
could be between a decision now or on Monday 1
if it is necessary to act immediately, why not
aend out our armed vessels 1 They could surely
be got ready before vessels which were yet to be
built- And if the embargo was to be continued,
be trusted these cutlers were cot the onlv means
contemplated to enforce it, for it was desirable
that it be made to operate equally on the honest
and dishonest. If ibe embargo laws were re-
pealed, he huped the nation would have recourse
lo (omeihing more efficient tban revenue cutters.
It was Mr. L.'s wish to see the stand which
might be taken before he could vote.

Mr. PiTCiN remarlted that he would not have
made the motion had he thought it would have
brought on a discussion. But a delay of the
present bill was not a delay of the main question.
He had not been one of those who had contribu-
ted to that delay. It would, however, be recol-
lected, that tbe gentleman from North Carolina
(Mt. Alston) had voted with those who bad
promoted that delay. Mr. P. was anxious that
the main question should be acted upon before the
collateral one was taken up. When ihatone had
been decided, this one would of course come od.

The yeas and nays were liere called for.

Mr. D.R. Williams believed that the object
of the gentleman from Connecticut was not to
delay the consideration of the bill before the
House. He hoped that gentleman was incapable
of it. Would not, then, his wishes be met, by
again referring tbe bill to the Committee of
Commerce and Manufactures? Fnr there were
no good reasons why the consideration of the bill
should be postponed until Monday. Postpone it
UBiil Monday, and what do you gain by it 7 You
are ei&clly where you were when you set out.
By recommitting the bill to the committee which
teporied it, information could by it be obtained in
an ofSuial form. If ibe gentleman would so '
bis motion, he would vote for it with pleai

There were many reasoni in support of this
mode of proceeding, in preference to its postpone-
ment. He then moved a recommiimenl.

Mr. Dana said the motion perfectly met bii
wish. He believed it sccorded with the object
of every remark which he had mad« upon the

Mr. Pitkin had Doobjectioittoa recommitment.

Mr. D. R. WiLLiAHS hoped the House would
agree lo a recommitment, as it would be observed,
by the bill before them, not one revenue cutler
could be obtained, there not being any specifia
appropriation for tniil purpose. And by the laws
providing for the collection of tbe revenue, no
appropriation had been made which could meet
the expense. [Mr. W. here quoted the part of
tbe laws which relate to this subject.] He then
remarked that the House never had considered
the moneys alluded to in these laws as an appro-
priatijn for a purpose like the pr^henL Should
the House recommit the bill, tbe committee, no
doubt, would lake good care to amend it in that

Mr. Newton replied that this question oc-
curred to him when he drew the bill. But he
bad found upon inquiry, that any expense in-
curred in (be way proposed, was immediately
charged to these laws. He here quoted the laws,
and contended, that as soon as the bill was passed.
the President, under them, wasaulhorized to build
the cutters. What was the object of the rcconi-
miimeni? If bis construction of the law was
right, there was no necessity for delay. Is
limes like these, it is requisite wa should be pre-
pared for action. He ailded. that owing to our
freat extent uf coast these cutters were absolute-
y necessary to prevent vioiatiuos of the revenue

The question on recommitment was then taken,
and carried — ayes 61, noes 55.

WEnNCsDAv, November 23.

Mr. JebemiahMohkow presented petitions from
sundry inhabitants of the State of Ohio, respect-
ively praying that the farfeliures of interest which
may have been incurred on the instalments due
fur tbe purchase of lands of the United States by
the petitioners, may be remitted; and that tbe
lime for completing the payment of the purchase
money for the saidTands may be eilendea to such
length of time as Congress, iu their wisdom, may
deem propc — Referred lo the Cummitlec on tbe
Public Lands.

On motion of Mr. Poindbxter, that so mucb
of Ihe report of the Committee on tbe Public
Lands, to whom was referred a memoiial of tbe
House of Representatives of the Mississippi Ter-
ritory, made and ordered to lie on the table on
ihe twenty-first insiant,as is contained in the last
resoluti(>n submitted by the committee, be recom-
milied to the same committee ; and the question
being taken thereupon, it passed in the negative.

Ob motion of Mr. JEBEHtAH Mobbow, the said
report wss referred to « Committee of tbe Whole
on Monday next.

.yGoogIc

HISTORY OF GONGRBSS.

NOTBNBBR, 1808.

Embargo Fortign Rtlalio

THDRSDkr. November 34.

Annrher member, to wil : Barent OABDEKies,

from New York appeared, and' took his seat in

the House.

Mr. Lewib, from the Coramillee for the Dis-
Iricl of Culunibia, pieseoied a bill anlhorizing ihe
nroprielors of squires and lots io the Ciiy of
WHthin^ton, to tiave the same aubdJTided and
adtniUfd lo record; which was read twice, nod
committed lo a Committee of the whole House
OD Monday nexl.

Mr. Cloptom, from the Committee of Bevisal
and UnSnislied Easiness, to whom it was referred
to examine such laws of the United States as haVe
expired, or are near expiring, and require lobe
revived, or further coniinucd, made a report, ia
parr, rhcreupon ; which was read, and ordered lo
lie on Ihe Isble.

Fhtd*i, November 25.

Mr. GAHDENiEBoreseDted several peiitiODS from

the iohabiiants of Ontario county. New York.

S raying for ihe repeal of the embarso laws. — Re-
^rred to the committee on Mr. CBiTTEHDEH'a

PRESIDENT'S PROCLAMATION.

Mr. Elliot observed, thai there was more than
one precedeot on Ihe JoarnaU of the House, of
cnse» in which copies of Proclamations of ihe
President of the United States had been called
for. At the last session the House had called for
a copy of the Proclamation interdicting British
ships from our waters. Therefore, id order lo
add another link to ihe chain of documents re-
specting ihe eieculion of ibe embargo laws, he
wished to call for the Proclamation alluded to b^
his colleague, who had offered a resolotion on
Ihe subject of the embargo.

Mr. E. then offered the following resotuiion,
which was agreed lo without opposition :

*• Reaohtd, Thvt the Prewdent of the United 8t*t«a
be rcjueated to ci.iub to be laid before the House a
copy of & Proelamation issued in April list, in conse-
quence of the opposition to Ihe embarp> Jawi near
Lake Chunplun."

Mr. Elliot and Mr. Desba wer* appointed a
Commillee to preseul the resolulion to Ihe Presi-
dent of the United Slates.

THE EMBAKGO.

Mr. Macon said he had some lime a^ moved
three resoluiions, iwo of which had been agreed
to, and the third ordered to lie on the table, on the
suggestion of some gentlemen, that it would in-
terfere with a resolulion already referred. He
had wailed ihns long that a decision might be
bad on the resolulion alluded to (Mr. Chittrh-
dbn'b.) Several unsaceeasfal aiiempis having
been made lo get that up, he now moved Tor the
coDsideralion of hi* resolulion, in the following
Words ; '

"AeM&«rf, That Ihe Mipe committee be inamieted to
inquire inia the azpedian^ of amending tha act la;
■ag in ambargo, and the Hvaral aeta ■upplMnatal and
addilioiul thereto."

The reaotniioa was taken up, and agreed l»
without opposition.

CLOSED DOORS.

Mr. Ranoolph said he was very sorry to be
compelled by a sense of duly again to close the
dears of the House, but he had a motion to make,
which could not, agreeably to the rules and orders
of the House, be made with the galleries open.

The doors were accordingly closed, and so re-
mained for two hours, when ihpy were opened.

The House then weoi into Comniiit.'e of ibe
Wbolp. on the report of the Commillee of Claims
favorable to the peliilon of the inhahilanis of
EnoicouniyiKcntucky i which was concurred in,
repotted lo the House, by whom it was a.\f,o agreed
Id, and the House then adjourned liU Monday.

MoKDAY, November 28.

Another member, to wit: Matthew Ltoi«, from

Kenlucky, appeared and took his seal io the

Mr. Holmes, ham the Comraitlee of ClaJma,
reported a bill for ihe relief of cerlaiB persona
therein mentioned, (certain citizens of Knox
county, Kentucky) which we* twice read and
referred to ■ Committee of the Whole.
DISABLED SOLDIERS.

Mr. Nelson raid he would make no apology
for oflKriog lo ihe HouKe the fallowing resolution.
It was on a subject which required no apology,
aod with which the House was sufficieoily aC'
quaiuted to tender any preface uanecessary.

Boohed, That a committee be appointed lo inquire
into the eipedieacy of making proTision by law fiw
the relief of the infirm, disabled, and supentuiDated
otRcciM and soldier* of the late Revolutionary Army and
of Ihe present Army of the United Stales ; and that the
conunittee haie leave to icpoit by bill or otherwise.

The resolutioQ was agreed to without oppo-
siiion, and Mr. NBLaoH, Mr. Say, Mr. Bloomt,
Mr. RioHAin JacKaoN, and Mr. John Smitb,
wete.appoioied the commiltee.

FOREIGN RELATIONS.

On motion of Mr. Campbell, the House re-
solved itself into a Commiltee of the Whole, on
the report of the commiltee on the subject of oui
foreign relations.

The first resolulion, in the following worda,
haviog been read:

Baoiacd, That the United State* CAnnot, without a
sacrifice ofUieir rights, honor and independence, ltd)-
mit to the late edict* of tiieat Britain and France :

Mr. Cahpbell opened the debate. Hd said
that ill health had hitherto prevented and might
hereafter prevent him from giving that aitencion
to the subject which the all-important cri:iis would
seem to require; it was, however, his duty to
bring the subject before the House. The coii>-
millee having in their report presented lo tha
House the view in which thef had considered
the subject referred to ihem> and the reasons gen-
erally which induced iham to preaeat these reso-
lutions to the House, he aaid it was not hia iniaiH

.yGoogle

HISTORY OF COKGEESS.

632

Foreign R^tUiotu.

NovEMisa. 1808.

I Bt Ibis

enier iaio a discussion of

tb«ir meriii. Those reasons bad be«D deemed
su£GcieDI by Lba commillee to justify ibem in
preienling these resolutJDQs to the House ; and a:
the objections to this, if any there were, couli
not be foreseen, he nould not allempt to Hnlici
pate them. According to the TJen which hi
nimselfhad lakeo of Ibe first resoluiion, ii could
requite no discussion, it was too clear to requi
ilemotist ration, and loo self-evident to need proof
of ils propriety. It might indeed seem to requii
to apology from the committee foe presenting
propofiiioa which every Americaa must long
since have deierniiDed for hinueIC When the
question had beea first presented lu his cons
ation, it had appeared to him that it was totally
•uperfluous, and to be doing little more than an-
Bouncing to the world that the Uoiled Slate:
were still independent; but on farther considera-
tion, it had t«en deemed by the select committee
of some importance ihnt in the preseoi critical
situation ai the United States, ibcy should fix o
some point at which all would meet. After
perusal of the documents laid before ihe Houi
at the openiag of the session, Mr. C. saiiE it had
been supposed that no one would hesilale in di
daring his indignation at the flagrant violaiioi
and eocroaehmFnis on our rights by the bellij
etent Powers, while it had been supposed ihi
tome difference of opinion might exist as to the
modeof resistance. After it was unce determined
that they would not submit, that they would
repel aggression, it had been supposed that they
iDighl with greater piobabiliiy of unanimity dir
cuss the course proper lo be pursued. With
view to this the committee had presentod this
Tesoluiion to the House. It was expected that
■II would unite in it and prove to the world that
the Represenialjyes of every portion of the
American people were determined to maintain
their rights, for the belligerent Pawers really
seemed to suppose that the American people had
forsotien them, and bad therefore assumed thi
right of prescribing the course of conduct which
we should pursue. To submit to regulatior
foreign Powers, which limited the conduct of the
American people and prescribed the rules by
which they were lo be governed, which pointed
out the very ports to which they should or should
not go, which fixed the tribute or lax which Ihcy
should pay. would be not only to abandon their
dignity and honor, but to surrender, shamefully
auirender our independence. Mr. C. said he
would not (ak« up the time of the Committee
in showing that the Orders of Council of Oreat
Britain and the Decrees of France, were, on (he
pari of those nations,, an assumption of power lo
give laws to this country, in direct violation of
our neutral rights, and an encroachment on our
sovereignly. This would require no argumeot.
The real question is, said be, shall we govern
ourselves or be controlled by the will of others,
■hall we become tributary or not, shall wa sub-
mit or be independent? And lo the Committee
ha cheerfully left the decision of this question.
Mr. MnupoRD next addressed the Committee

of the Whole. Hu observed thai although he
had the honor of being one of the Cuoimiitee of
Foreign Relations who framed the report under
consideration, he dissented from that report in
some respecis. We had now arrived at a mo-
mentous crisis in the aSairs of our couniry. and
he hoped the House would deliberate with ihi

nod moderation which became the Rep-
ves of t"
they bad th^honor to represent <

resenta lives of the free and independent people

However they might, differ on
smaller points of minor importajiae. yet when the
best inleted of the country was at slake he hoped
they would unite in some mode to secure oui
rights and promote ihe iptereisis of the Uoitei)
Slates. The proposition which he had the honor
lu move a few days ago, was consonant in some
degree to ihe instructions offered by our Ministers
to Ureal Britain and France, offering to remove
llie embargo in relation lo either, that should
rescind their obnoxious decrees. Neither of them
having receded, Mr, M. said he would continue
the embargo in relation lo ihem both. Nay, fur-
ther, he would inflict the severest penalties on
anyone who should receive a license or volua-
larily pay tribute to either of them. He con-
sidered ibem both alike. He wished to see the
country placed in a complete posture of defence;
but he could not see aay good reason why we
should not trade with those nations who were
willing to receive us on friendly ter^al^ and to
trade with us on the principles of reciprocity and
mutual interests. This would notcompromit the
honor of the nation. Even admitting that it
might pnssibly lead to war, which he doubted, be
was convinced that the ciiizeniof ibis country
would rise e;i matte in support of that commerce
which neither France nor EngtUnd had any right
to interdict. He did prvsume, with all the zeal of
some Kenttemen for irritating measures, it was
not seriously contemplated to declare war against
all mankind; be was for having at least a feir
friends in case of need. What was our siluation
[tow 7 The President of the United States bad
told them, after speaking of France and England,
that "our relations with the other Powers of
Europe had undergone no material change since
the last session." This being the case, our com-
merce was open with them all except France
and Qreat Brilaia and their dependencies.

Mr. M. said he was well aware that he should
be told, if we permitted this commerce \a those
who were disposed to receive us on
friendly terms, Qn'al Britain and France would
"recily receive their supplies. He acknowl-
^ id this, in a certain degree, but his primary
object was to relieve his own conotry. Where
as the patriotic breast that did not beat in uni-
n with the patriotic and valoroassonsof Spain ?
Shall we refuse them a loaf of bread merely be-
use we are afraid Great Britain and Franca
ighl possJblycut a slice off as it pa.ssed along?
>t us take a view of their whole conduct towards
the United Slates, since their Revolution, which
had been a series of good offices. They had im-
mediately released our vessels which had been

.yGoogIc

533

HISTORY OF CONGRESS.

534

NovcMiiB, i8oa

fhreign RtlatUm*.

of ihemi-diMont Emperor of the West. Let ai
aowinrn to the Nev World. What has been ihe
coaducloftbal GorernroeDt erected by Ibefnenda
of the PalrioLi in the HaTiaa ? More ibaii STty
vessels bad gone out, under the peTtnission of the
PresiJentj for the purpose of coirecting debts due
to tbem in that island. Tbey have compelied
iheir eitizeas lo pay Iheee debts, nod the vesnels
bate returned loaded to tli« United Siatei. and
coDiributed esscDtially to the reveDuc of the Uoi-
ledStaiei. Is this not Irut; charsic (eristic of Cas-
tiliaa hoDor and generosity I

Mr. M. said, he coDtidered the Rerolulioti in
Mexico at Ibe most imporlRDl era nrhich had taheii
place liace our glt>rious ReTolution, which, in hi»
opioioii, would ultimately lead to securing our
SoatbwMtern boundary ou a permanent rooting;
and but for the recent Revolution, New Orleans
might even cow bare been in posse&sioDof Fratice.
Wlieu tbequeBtion of slavery was agitated among
the inhabitants of ihit fiiBce, it was not anosDal
for them to say of the United Stales, we care noib-
icg about you — ffe shall :<oon have other gorern-
ors. It was no doubt within the recollection of
mmy members of this Cotntnittee, that a man
bad been lately taken up at Nacogdorbes. He had
aoiatthe tiioe taken much nolieeof the report —
had considered it but a common newspaper report,
or, as it might be calkd, a display of the ans of
able editors — but there had a fact lately come to
bis knowledge which he conceiTed to be his
bounden duty to gire to the Committee. It bad
been coromunicaied to him in such a eDoSdeoiia]
manner ibal he could not mantioa names; but
lave of country was with him paramount to. every
other coosldetaiion, and be wquld state the fact
for the tnfurmation of the Coroiniltee. A gen-
tleman, said Mr. M. — an Italian bv birth, of a noble
family, and who wa« recocmnended in our Rero-
lutionary war to General Washington, a man of
eeniui — after having re&ided some time in (he
United States, returned to Europe,aDd was taken
into favor by Bonaparte. At what time it is not
knowD,bat sucba person wat landed in aome port
of the Atlantic shores, and travelled from thence
Ihiougb your Western country. Some time in
the month of Juae, information reached Louisi-
ana that a French officer of distinction had a con-
ference with Governor Grand Pi6 at Baton Rouge,
which occasioned serious conjectural). No more
was beard of him till the ijlst July, when he passed
over to the Spanisli lines, wide off from the Amer-
ican post of Natchitoches. He there opened a
trunk, and put on his regimentals, and proceeded
lathe Spanish portof Nacogdoches, where he was
arrested by orders from the Spanish oQiaera. It
vas presumed that the information of the Revo-
lotion of Spain bad not leacheil him when trav-
elling to the Westward. ThUKpsir, while we hare
been threatened oa the North, we have been Iread-
iag on a precipice in the Southwest.

I will now proceed, said Mr. M., to give some
details in respect to those countries which my mo-
tion eon templates. lo the official report of the
Secretary of the Treasury, we find ibe fbllowing

StaltintrU of Domatie and Fonign Export*.-

Whither eiported.

Domesticl Foreign.

Total.

Sweden and her West

1

Indiacolony-

f4T6.e56l «949,6i:

«i,4aa,388

Spain and colonies -

1,998,576, 14,SS6,1 45

18,234,730

PorWgal and colonies

l,39fl.61f

S67,90(

1,687,61»

AfHca and Mmocco -

3T7,29S

1,061,611

3,439,898

China -

B4,0S!

113,36:

197,380

South seas ruiJN.W.

coast of Aiherica -

14,163

98,199

183.861

The trade to Hayti may be considered, bj exuDininf
the annual report Iron 1601 lo 1S03, lo be about half
the amount of the exports lo (he French islands, stated
to bo $6,710,889— half or which is $3,265,444. The
greatest proportion of which consists in the productioDi
of our own industry, as the Secretary at that time did
not discriminate between foreign and domeslic produce.
We may, Irom the nilura of the trade, pay about 10 per
cenL on foreign productions.— Domestic, $9,000,000;
foreign, $331,544 ; total, $3,315,444.

This, said Mr. M., will open a market for the
produce of Ohio, Kentucky, Tennessee, and New
Orleans — the Suuthern, Middle, and Eastern
Slates — and give life and activity to commerce,
■o mnch desired by all classes of our cllizeos.

Mr. M. concluded by saying, thai this was his
view ef the subject for Ihe preseul- He said we
were a youog oaiion ; and although he should not
shrink from theeentest, if necessary, vet it became
us to act with precautionary steps. If he differed
with gentlemen oa ihis subject, it wa:^ an honest
difference of opinion, and he had no other motive
than a love of country.

Mr. aniNcy.— Mr. Chairman, I am not, iit
general, a friend lo abstract legislation. Osten-
latioux declaration of geoeraf principles is so
often the resort of weakness and of ignorance, it
is 10 frequently the subterfuge of men who are
witling to amuse, or who mean to delude ibe
people, that it is with great reluctance I yield lO
such a course my sanction.

If, however, a formal aononciaiion of a deter*
mination to perfurm one of the most common
and undeniable of national duties, be deemed by
a majority of this House essential to their char-
acter, or to the attainment of public confidence, [
am willing lo admit ihat the one now ottered is
as uaexceplionable as any it would he likely to
propoae.

lo Ihis view, however, 1 lay Wholly out of
sight the report of the eonunittee by which it ia
accompanied and introduced. The course advo-
cated in thai report is, in my opinion, loathsome ;
the spirit it breathes disgraceful; the temper it
is likely to iuspire neither calculated to regain
the rights we have lost, nor to preserve those
wbictt remain to us. It in an established maxim,
thai in adopting a resolution offered by a com-
mittee in thi' House, no member is pledged to
support the reasoning, or made sponsof lot the
facts, which they have aeen Gt to insert in it. I
exercise, liierefure, a common right, when 1 sub-
Ktibetoibe rt>olutloi),not on the principleii of

.yGoogIc

535

fflSTORT OP C0NGEB8S

H.OFR.

FWtign ttetatuHU.

Novbhubi, 1808.

thi? comtniitee, but oo those which obviouily re-
Bolt from iia terms, &nd are the plain meaniog of
its expressioDi.

I agree \a thin resolution, becAUie. io nijr a|)-
prehension, it offers a solrma pledge to thu Ra-
tion— a pledge doI to be mistakea, and not to be
evaded — thai the present syxtem of public meas-
ures shall be toteMv abandoDed. Adopt it, and
there is nn end of [he policy of deserting our
righis, under preienceof maintain ingiliem. Adopt
i[, and we can no longer field, at tlie beck of
haughlf belligerent!!, the right of navigating the
ocean, that choice inheritance bequeathed to us
by our raitiers. Adopt it, and there is a termina-
lion of that base and abject submission, by which
this coutjtry has for tnese eleven months been
disgraced, and brought to the brink of ruin.

That the natural import and necessary impli-
cation of the terms of this resolution are such as
I have suggested, will he apparent from a very
(ransient consideration. What do its terras ne-
cessarily include? They coniaia aa assertion
and a pledge. The assertion is, that the edicts
of QreatBritain and France are contrary to our
rights, honor, and independence. The pledge is,
that we will not submit to them.

Concerning the assertion contained in this res-
olution I would say nothing, were it not thai I
fear those who have so long been in the liabit of
looking at the orders and decrees of foreign Pow-
ers as the measure of the rights of our ou'n citi-
zens, and been accustomed, in direct subservien-
cy to them, of probibittog commerce altogether,
might apprehend that there was aome lurking
danger in such an assertion. They may be as-
sured there can be nothing more harmlest. Nei-
ther Great Britain nor France ever pretended
that those edicts were consistent with American
rights; nn the contrary, both tliese nations ground
those edict* on the principle of imperiouii neces-
sity, which admitB the injusties done at the very
inai^ni of executing the act of oppressioD. No
gentleman need have any difficulty in screwing
his courage up to this assertion. Neither of the
belligerents will contradict it. Mr. Turreau and
Mr. Srskine will both of them couatetsigu the
declaration tu-morrow.

With respect to the pledge contained in this
tesoluiioD, understood according to its true itn-

Cort, it is a glorious one. It opens new prospecls.
: promised a change in the dispoiiiioa of (his
House. It is a solemn assurance to ilie nation
that it will no longer submit to these edicts. It re-
runins for u«, therefore, to consider what submis-
sion is, and what the pledge not (o submit implies.
One itian submits to the order, decree, or edict
of another, when he does that thing which such
order, decree, or edict commanile; or when he
omits to do that thing which such order, decree,
or edict prohibits. This, then, is submission. Ii
ta to take the will of another as the measure of
our rights. It is to yield to his power— to go
where he directs, or to refrain from going where
he forbids us.

If this be submission, then the pledge not to
aubmjt implies the reverie of all this. It ia a

solemn declaration that we will not do that thing,
which such order, decree, or edit;! commands, or
that we will do what it prohibilx. This, then, ii
freedom. This is honor. This is independence.
It consists in taking the natare of things, and not
the will of anolber, as the measure of our rights.
What Ood and Nature has offered us we will en-
joy, in despite of the commands, regardless of
the menaces of iniquitous power.

Let us apply these correct and undeniaUe
principles toiheediclsofGreatBrllain and France,
and the consequent abandomneDt of the ooean
by the American Government. The decrees of
France prohibit us from trading with Great
Britain. The orders of Great Britain prohibit ni
from trading with France. And what dowel
Why, in direcliubierviency to the edicts of each,
we prohibit our citizens from trading with either.
We do more ; a> if unqualified submiEsioD was
not humiliating enough, we descend to an act of
supererogation in servility; we abandon trade al-
together ; we not only refrain from that particu-
lar trade which their respective edicts prescribe,
but, lest the ingenuity of our merchants should
enable them to evade their operations, to make
submitsioD doubly sure, the ATDerican Qovero-
ment virtually re-enact the edicts of the bellige-
rents and abandon all the trade which, notwith-
standing the practical effects of their edicts. ra>
main to us. The same conclusion will result, if
we consider our embargo in relation to the ob-
jects of this belligerent policy. France, by bet
edicts, would compress Great Britain by de-
stroying her commerce and cutting off her sup-
plies. All the Continent of Europe, in the hand
of Bonaparte, is made subservient to this poli-
cy. The embargo law of the United Siateaj
In its operation, is an union with this Conti-
nenial coalition against British commerce, at
the very moment most siiipieious to its suc-
cess. Can anything be more ia direct subservien-
cy to the views of the French Bmperor? If we
consider the orders of Great Britain, the result
will be ihe'!<a>ne. I proceed at present on the
supposition of a perfect impartiality in oar Ad-
ministration towards both belligerents, so far as
relates to the embargo law. Great Britain had
two objects in issuing her ord«s. First, to ex-
cite discontent in the people of the CootiDeuL
by depriving them of their accustomed colonial
supplies. Second, to secure to herself that com-
merce of which she deprived neutrals. Our em-
bargo co-operates with the British views in both
respeefs. By our dereliction of the ocean, the
Continent is much more deprived of the advan-
tages of commerce than it would be poasible far
the British navy to effect, and by removing- our
cotnpetitioB, all the commerce of the Continent
which can be forced is wholly left to be reaped
by Great Britain. The language of each eot-
ereign is iu direct conformity to these ideas. Na-
poleon tells the American Minister, virlnaily,
that we are very good Americans; that, although
he will not allow the properly be has in his hand*
lo escape bim, nor desist from burning and cap-
tunn;; oar vessela on erery occasion, yet that be

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mSTORT OF CONGRESa

NoTiNWii, I80S.

FvTtt^ii Rwitvfftt-

H.ofR.

n. tbni far, vmcisfied wilh oar co openitioii. And
wbaliB ihe lang-uagu of George the Third, when
oar MiDiHCer pre^eou lo bis con'Mderatioo (he
Mobarga laws? Is it Le Roi t'avigera? The
Kioz will reflect upoD ibera. No; il is the pure
bngaage of rofsl approbaiion. Le Rai le vtut.
The Kmg wilts it. Were you colonies he could
Mpect no more. Hts subjects as iaeritably get
thai commerce which 70U abaodon as the water
will certainly tun tnlo ihe ooly channel which
remaios afiei ail ibe olhers are obstructed. In
whatever point of view we consider these eni'
bargo laws in relation to those edicts and drcrees,
we shall Sad them co-oiwraiing with each bel-
ligerent in its policy. In this way, I grant, our
conduct may b« impartiat; but what has become
of oor American righta to navigiile the ocean 7
They are abandoned, in strict conformity lo the
decreM of both belligerents. Tbis resolution
declare* that we »faall no lonser submit to such
de^Tsdinp humiliBtioDB. Little aa I relish, I will
take ii, as the harbinger of a new day — the pledge
of a new syflem of measures.

Perhaps here, in atrietness. I ought to cloiie my
obserraiions. But the report of the committee,
contrary 10 what I deem the principle of the rea-
olotioQ, unqueslionnbly recommended the con-
liauanee of the embargo laws. And such h the
state of the nation, and particularly that portion
of it which, in part 1 represent, under their op-
pression, that 1 cannot refrain from submiltiug
some CO us (derations on that subject.

When I eater on Ihe sahject of the embargo, I
shrink with wonder at tbe very threshold! I
know not with what words 10 express my aston-
isment. At the time I departed from Massaeha-
MttH, if there was an impression which I thought

■nirertnl, it was, that ■

th»

this session an end Would be pat i<
The opinion was not so much 'that it would be
terminated as that it was iheu at an end. Sir.
the prevailing aentiment, according to my appre-
hension, was stronger than this — even that the
pressure was so great that it could not possibly
be eodared ; that it would soon be absolutely io-
nipporiable. And this opinion, as I then had
reason to believe, was not confin^ to any one
class, or description, or partf ; that even those
who were friends of the eiiniing Administration,
and onwilliog to abandon it, were yet satisfied
that a sofficient trial had been given to this meas-
ure. Wilh these impressions I arrive in this city.
I hear the inoantations of the^reat enchanter. 1
feel his spell. [ see the Legislative machinery
b^in to move. The scene opens; and 1 am com-
manded to forget all my recollections, to disbC'
lieve the evidence of my senses, to contradict
what I have seen and heard and felt. I bear
that all this discontent was mere party clamor —
electioneering artifice; that the people of New
England are able and wilting to endure This em-
barso for an indefinite, unlimited period: some
say (br atx months, some a year, some two years.
The gentleman from North Caroline (Mr. Ma-
cos) told OS that he preferred three years of
embar^ to ■ war. And tbe gcntlemao from

(Mr. Cloptoh) said, expressly, that he
e should never allow our vessElH to go
ocean again until the orders and decrees
of the belligerents were rescinded. In plain Eng-
lish, oniil France and Great Britain should, in

great condescension, permit. Good Heavens!

Chairman, are men mad 7 Is ihis House
touched wilh that insanity which is the neTer-fail'
iiig precorsoroftheinien Hon of Heaven lodestroy?
The people of New England, after eleven months
deprivation of the ocean, to be commanded still
longer to abandon It, for an undefined period to
hold their unalienable rights, at the tenure of the
will of Britain or of Bonanarte? A people, com-
mercial in all aspects, in all their relations, in all
their recollections of the past, in all i heir pros'
peels of the future — a people, whose first love

'' I, the choice of their childhood, the

ipprobattan of their manly yes
:ious inheritance of their father

I, the

of tbe most exquisite
perception of commercial prosperity, to he com-
manded to abandon it, not for a limited time, b«tt
for a time unlimited — not untillhey can be prepar-
ed to defend themselves there, (for that is not pre-
tended,) but until their rivals recede from il — not
until their necessiliea require, bni until foreign na-
tions permit I 1 am lost in astonishment, Mr.
Chairman. I have not words to express the
matchless absurdity of this attempt. I have no
tongue to express the swif) and headlong dealme-
tion which a blind perseverance insucha syalem
mUFt bring upon thts nation.

But men from New England, representatives
on this floor, equally with myself the Constitu-
tional guardians of her interests, diSer from me
in these opinions. Mybonorable colleague TMr.
'.nio( Bacon) took occasion, in secret sessioo, to deny
that there did exist all that discontent and dis-
tress which 1 had attempted, in an humble way,
to describe. He told us he bad travelled in Mas-
sachusetts; that the people were not thus dis*
satisfied; that the embargo had not produced any
such tragical eSeets. R«ally, sir, my honiirabM
colleigue has travelled— all the way from Stock-
bridge to Hudson ; from Berkshire to Boston; from
inn to inn ; from county court to county court ;
and dDUbilesB he collected all that important ht-
formation, which an acute intelligence a«*CT
fails to'Htain on such occasions. He found tea,
sugar, salt, West India rum and molasses deaRr,
beef, pork, butter, and cheese chearrer. Reflee-
t ion enabled him to arriveat this dimeult resalt ;
that in this way the evil and the good of the eiD-
bargo eqltalize one another. But ban my honOT-
abie colleague travelled on the seaboard 1 Has
he witneesed the !taie of oar cities? Haa be
seen ourshipsrottingsionrwbarves; ourwharves
deserted, oor stores lenantless, our streets bereft
of active business; industry forsaking her belov-
ed haunts, and hope fled away from pTaceswhere
she had from earliest time been accustomed to
make and to fulfil her most precious promises?
Has he conversed niih the merchant, and heard
tbe tale of his embarrassments— :h is capital arrest-
ed in his hands, fotbidUen by your laws to resort

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S39

H.or

HISTORY OF CONGRESS.

Fareign Relatioiu.

NOTEHBEB, 1808.

to a market, wiib property four timea sufficieoi
to discharge all his eDgBgements, occessilaleii lo
hang oa ihe piecarioua mercy of niapeyed JQstilU'
tiona for ihat indulgeace wliich preserves him
from slopping payment — the fitsl alep towards
bankrU|itcy? Has he coQTeiaeJ with the me-
chaoiel Has he seen hitu either destitute of em-

tbai mechanic who, the day before thia embargo
paaaed, the very day thai you took this bit, and
rolled II like a Eweet morsel under your tongue,
had more business ihan he had hands, or lime, or
thought to employ on it, now soliciting, at re-
duced prices, ihat employment which the rich,
owing 10 the unceiiaiaiy in which your laws
bare inTalved ilieir capital, caonoi aSurd. I
could heighten this picture — I could show you
laboring pour io the almx-house, and willing io-
dualrv dependent upon charity. But I confine
myself to particulars which bare fallen under
my own observation, and of which ten thousand
au'fiering individuals on the seaboard of New
England are living witnesses that ihero is noih-

Mr. Chairman, other gentlemen must take their
responsibilities— I shall take mine. This em-
bargo must be repealed. You cannot enforce it
for anv iiuporiant period of lime longer. When
I speak of your inabiliiy to enforce this law, let
not genilemen misunderstand ine. 1 meati not
lo intimate iniurreciion or ap<^n defiance of them.
Although it is imposaihle to foresee in what acta
that '-oppression" will finally teiminaie, which,
wa are told, *' makes wise men mad." 1 speak of
fto inability resulling from very different causes,

Thegenileman from North Carolina (Mr. MA'
con) exclaimed the oiher day, in a strain of pal-

c ardor

■■What

sball D

' cuied ? Shall their aulhorily.bR defied 1 I
' for enforcing them at every bazatd." I honor
that genlleman's zeal; and I mean no deviation
from that true respect I enteriain for him, when
I lell him that, in ibis instance, " hi« zeal ia noi
according to knowledge."

1 ask this House, i« [here no control lo its au-
thority ; is there no limit to the power of this
National Legislature? I bone I shall oflend no
manwhen I Intimate ibaCtwolimilaexist: Nature
aQd the CoBstiiuiion. Should this House under-
take to declare that this aimosphere should nu
longer surround us; that water should cease tu
flow; that gravity should not hereafter operate;
that the needle should not vibrate to the pole: I
doauppose, Mr.- Chairman— sir, I mean no disre-
cpeci to the authority of ihi* House, I know the
high notions some gcnilemen entertain on ibis
Bubject — I do suppose — sir, I hope 1 shall not of-
fend— I think 1 may venture to affiiio, ibal such
ft law to the contrary nolwilhslanding, the air
would conlinue lo circulate, the Mississippi, the
HudaoD, and the Potomac, would hurl their Hoods
to the ocean, heavy bodies continue to descen
atid the mysterious magnet hold on its course
iia celestial cynosure.

Juat as utterly absurd and contrary (o aalore

is it, to attempt to prohiliit the people of New
England, for any considerable length of time,
from the ocean. Commerce is not only associat-
ed wi[h all the feelings, the habits, the intereats,
and relations of that people, hut ihe nature of our
soil and of our coasts, the slate of our population
and its mode of dialribution Ofer our territory,
renders it indispensable. We have five hundred
miles of seacoBst, all furnished with barbors,
bays, creeks, rivers, iolets, basins, with every vB'
riety of invitation to ihe sea, with every species
of facility lo violate such lawn as lUeae ; our peo-
ple are not scattered e.ver an immenae surface, at
a Golema distance from each other, in lordly re-
liremeai, in the midst of eiiended plantations
and iatervening wastes. They are collected on
the margin of the ocean, by the sides of rivers,
at ihe heads of bays, looking into the water or
on the surface of it for the incitement and the
reward of their industry. Among a people thus
silualed, thus educated, thus numerous, laws pro-
hibiling them from the exercise of their natural
rights will hare a binding effecl not one moment
longer than the public sentiment supports them.

Qentlemen talk of twelve rer«iue cutters ad-
ditional to enforce (he embargo laws. Multiply
the num>jet by twelve, niulciply it by an hundretl,
Joio all your sbipj of war, all your gunboats, i^nd
all your militia, in despite of ihem all, such laws
as these are of no avail when they become odious
10 public sentimenl. Conlinue these laws any
considerable time longer, and it is very doubtful
if you will have officers to execute, juries to con-
vict, or purchasers to bid for your confiscations.
Cases have begun to occur. Asic your revenue
officers, and they will lell you that alieady, at
public sales in your cities, under these laws, the
owner has bought his property at less than four
per cent, upon its real value. Public opinion be-
gins to look with (Ucb a jealous and baleful eye
upon these laws, that even self-interest will not
co-operate to enforce their penalties.

But where is out love of order 1 Where our
respect for the laws 1 Let legislators beware lesL
by the very nature of their laws, they weaken
that senttrnenl of respect for them, w important
to be inspired, and so difficult lo he reinstated when
it has once been driven from the mind. Rei{n-
tbe multitude lo ibeir ruin. DiE^uat not

by the tendency of vourjaws, lest
when they cannot yield them tne s

3

their approbation, the eBterprising and the neces-
sitous find a principal check upon their fear of
violating (hem removed. It is not enough for
men in place to exclaim, "the wonbless part of
society!" Wordi cannot alter Ibe nature of
things. You cannot idenlify the violator of such
laws as these, in our part of the country, for any
great length of time, with the common smuggler,
nor bring the former down lo the level of the lat-
ter. The reason is obvious. You bring the du-
ties the citizen owes lo society into competiiion
not only with ihe strongest interests, but, which
is more, wiih the most sacred private obligations.
When you present to thechoiceof aciiizen baok-
mptey, a total loaa of the accumulated wealih of

.yGoogIc

HISTORY OF CONOKESS.

NOVEHBBE, 1808.

fytnign Jttlatioiu. .

H. OF R.

his whole life, or m violation of a poailJTe law,
reslriciive of the tcercise of the most eommoD
right?, it prps«DtB to him a most critical alierna-
tive. 1 wrijl not aay how lublime CBsuinls maj
Jecide, but it is pHiy to forelell that nature wiil
plead too stroDjT in the botom to tnake- obedience
long possible. 1 aiHte no imaginary case. ThoD-
sandn io New England ses io the caatiBunoce of
this enihar^, and in obedieoce to it, irremedia-
ble ruin to themielTes and familtei. Bui where
ia our palTuxiniD ? Bir, you call upoa patri-
olism for sacrifices to which it is unequal ; and
it requires its opefalion ia a way in which that
passiiin cannol long- subRist. Pairiotisra is ■ great
comfort to men in the interior, to the farmer^nd
the planter, who are denied a market by your
laws, whose local sitoation is such that ihey can
neither sell their prodDce, dot scarcely give it
away, and who are made to believe tliat Iheie
prirations will uliimaiely redoDod to the benefit
of the oountry. But on the seaboard, where men
feel Dol only their annual profit, but iheir whole
capital perishing-, where they koow the uller in-
efhcacy of your laws to eoeree foreign 'nai ions,
and itieir titter futility as a means of saving our
own property — to such.laws, in soeh a situation,
patriotistD is, to say the least, a very iuaclire as-
sistant. You cannot lay a man upon the rack
and crack hiamujfclet by a slow torment, and call
patriotism to soothe the suBerer.

But there is another obstacle to a Iodr and ef-
fectual continuance of this law — the doubt which
hangs orer its consiitutinnatiiy. 1 know 1 shall
be totd that the sanction of the Judiciary has been
added to this act of the Legislatnre. Sir. I honor
thai tribunal. 1 revere tbe individual whose

1 this

the

tionaliiy of the law. But it is one thing lo
rale our coarts of jusiice; it U one thins to deem
this law obligatory upon the citizen, while it has
all these eanctioDs; it ia another^ on this floof. in
the high court of the people's privileges, lo advo-
cate its repeal on the ground that it ia ao invasion
d[ their rights. The embargo laws have unques-
lionable sanctioti — they aro laws of ihia land.
Yi:t, who shall deny to « representative of the
people the right, in their owli favorite tribunal,
of brinsiog your laws to the test of the principles
of the CoastiiutioD 1

Is there any principle more wise, or more gen-
erally received among aiaiesmen, than that a law,
in proportion to its preaaure upon the people,
aliould have its basis in unqaest ion able authority
as well as necessity? A Legitlainre may snofi
with the rights of an individual. It may vio]ate
the Constitution, IO the rnin of whole clasMi of
men. But once let it begin, by its laws, to Brush
the. hopes of iha great man of the cilizeoai; let
it bring every eye in the land to the scrutiny of
its laws and its authority, to be permanent ihoCe
laws must possesa no Raw in their foundation.

I ask, in what page of the Coostiiuiion you
find the power of fayiDK an embargo 1 Directly
given, it is nowhere. You have it, then, by eon-
Btmciion or precadenl. By conatraction, of the
powar to regulate. I lay ottt of the quntioD the

« argument, that regulation cannol
mean anninilatioo, and that what is annibilaled
cannot be regolaieij. I ask this question, Can a

Cower be ever obtained by conttruciion, which
ad never been exercised at the time of ibe au-
thority given, the like of which had not only
never been seen, but the idea of which had never
entered into huntao iranginatioD, 1 will not say
in this country but io the world 1 Yet such la
the power which, by conslruelion, you assgme to
exercise. Never before did society witness a to-
tal prohibition, like this, in a commercial naliott.
Did tbe people of the United Slates invest ihia
House with a power of which, at the time of in-
vestment, that people had not and coiild not have
had any ideal for, even in times of faction, it
bad never existed. But we have precedent. Pre-
cedent is directly against you. Far the only pre-
cedent, that in 1784, was in conformity to the em-
bargo power, as it has been exercised in other
ttounmes. It was limited. Its duration was
known. The power passed from the Represpnta-
tives of ifaia House only for sixty days. In that
day, the Legislature would not irusteven Wash-
iN0TOR,Bmid all bis well-earned influence, with
any other than a limited power. But, uvay, sir,
with such deductions as thei>e; I appeal to the
history of the limes when this national compact
was formed. This Constitution grew out of our
ne^eMiiies, and it was, in every stage of iis form-
ation,obstructed by the jealousies anil diverse in-
terests of the different Slates. The gentlemen
of the South had a cerlaio species ot property,
with the control of which ihey would not trust
us in the North ; and wisely, for we neilher ap-
preciate it as (hey do, nor could regulate it safely
ibr them. In ihe East our sentiment concerning
iheir inteveat io commerce, and ifaeir power to
understand its true interests, was, io a great de-
gree, similar. Tbe wriiiogsof that period exhibit
this jcslonay, and the fears excited by it, formed
in that portion of the United Slates a formidable
objectii^n to its adoption. In this state of things,
.would the people of New England consent to
convey to a Legislature, constituted as this in lime
must be, a power not only to regoiaie commerce, '
but to annihilate ii, for a time unlimited, or alto-
gelherl Suppose, in. 1788, in- the convenlion of
Massac buaelt a, while debating upon the adoptioo
gf this Constitution, some hoary sage had arisen,
and wtih an eye looliing deep into lulurity, with
a prophet's ken, had thus addressed the Assem-
bly: "Fellow-citizens of Massachusetts: To
what rnin are you hastening? Twenty rears
shall not elapse, before, under a strict and ducious
eonslruetlon of the iosLrament now ntopoaed fok
your adoption, your commerce shall oe annihila-
ted. The whale of your vast trade prohibited.
Not a boat shall cross your harbors, ool a coaster
shall be permitted logo out of your ports, unless
under permission uf the distant head of your na.>
lion, and after a grievous visitation of a custom-
house officer."

Sir, does any man believe that, with such a
prospect into futurity, the people of that Slate
Toutld have for one moment listened to ita adop-

.yGooglc

Ui

mSTOKT OF 00NaB£8S.

M4

Foreign Rtlaiiona.

NovtIIBEB, 1808.

tion? Rather, would they not ha* a rejected it
viih iadi^naiioD 7 Yet ihisDow is not prophecy,
it j« history. But this taw is not p«rpeloal, it is
(aid. Show the iimit to il — show by what terms
it can. be mnde more perpetual.

The universal opinion entertained ia New Bng-
laod, anioiig commercial men, of the total imh«-
eility or ihia law, as a measure of coercion of
either belligerent, is another cause prefoanl with
discotiient in that country. It may do well enough
to amuse ouriieiTes with oalculations of this kibd
on Ibis floor, but inlelltgeot merclianti, masters
of ressels. seamen, who are acquainted with the
West Indies, and with the European dominions
of both Powers, speak with sovereign conlempt
of the idea of starving either of these Powen
into submission lo our plans of policy. The eo'
tire failuTe of this scheme, after a Inai of eleven
month.i, would, I should suppose, have satisQed
the mostobMinalv, of its hopelessnass ; yet it is
revived again at this session. We are told, from
high authority, of the failure of the "wheat har-
vest in Great Britain, and this has been urged as
a further reason for a continuance of ihismeasure.
Have gentlemen, who press ibis argument, in-
formed themielveiihDwexeeedingly small apropor-
lioD our export of wheat l>eara to the whole con-
•amption of the British dtiminionaj Our whole
export, [o all the world, of wheat in its natural
and manufactured state, does not amount to seven
millions of bushels. The whole consumption oi
the British dominioai exceeds one hundred and
fifty millions. Let gentlemen consider what a
■mall object this amount is, in a national point
of view, even could the aiiainmeni of tlie whole
supply be assumed, as the condition of her yield-
ing to the lerma we should prescribe. Are not
the borders of the Blaok Sea, the coast of Africa,
and South America, all wheat countries, open to
her commerce 1

But, the embargo saves our reaouteei. 'It may
justly he ({ueslioned, whether, in ibii point of
view, the embargo is so effectual as, at first, men
are. led t "

than the whole crop. 1 say notbiog of the em-
barrassments of our oummerce, of L^u loss of our
teamen, of ihesaolcen value of real estate. But
oardeaii, irredeemabla loss by the embargo, dur-
ing the present yeas, cannot be stated at less than
ten per ceat, on account of interest and proQt on
Ibe whole export of our country ; (bat i*. on oae
hundred and eight million*, ten millions <^ht
huDdred thousand dollar*.
Nor oan our Idk upon a million tons of uuem-
«ployed shipping be slated at less Ifaan twenty dol-
lars the ton— twenty millioos of dollars. Thirty
nillions of dollars is a sertons ouiSl for any voy-
age of salvation, and the profit ought to be very
nnq a est ion able before a wise man would be ptf-
aaaJkd to renew or prolong it. Besides, is it true
that the articles tbc embargo retains, are, in the
common. acceptation of the term, resources 1 I
suppose that, by this word, to osteoiaiiously used
on all occasions, il is meant to convey the idea
(battbe prodacethiurcUiDediDtbecounirjr will

:ise or defence in ease of war, or
any other misfortune happening to it. But, is this
true? Our exports arcmirplus products, what we
raise heyond whni we consume. Because we
cannot use them, they are surplus. Of course, in
this coonlry, they have lilile or no value in uaa
but only in eitrhange. Take awav lUe power of
exchange, and how can they be called resources?
Every year produce* sufficient for its own cod-
sumpiion, and asurplui. Suppose anembatgoiJ
ten years, will gentlemen seriously contend that
the accumulating surplus of fish, cotton, tobacca
and flour, would be a resource for any national
exigencies 'i We cannot consume it, because the
annual product is equal to our annual consump-
tion. Our embargo forbids us to sell it. How,
then, is it a resource 1 Att we stronger or richer
for it 1 The reverse : we are poorer and weaker.
Weaker by all the loss of motive and activity, by
all the diminution of the industry of the country,
which such a deprivation of the power to ex-
change produces. And what can be poorer than
he who is obliged to keep what he cannot use,
and to labor for that which profiieth not 1

But the inequality of the pressure of this meas-
ure of embargo upon the people of the Baslera
States, is another source of great discoaieni with
it. Every gentleman who has spoken upon the
subject has seemed lo take it ftirgranled (bat this
was a burden which presaed equally. But is this
the cB&el I shall confine myself to a single fact,
although the point admits ol other elucidations.
Compare the State of Virginia with that of iVIas-
sachusells, in the single particular of the amount
of capital embarresseQ by this law. Virginia with
a population, aacordiag to the last census, of nine
hundred ibuuaaod souls, has four million seven
hundred thousand dollars in exports, forty thou-
sand eight hundred tons of registered shipping at
thirty dollars the ton, amounting to one million
seven bundred dollars in value, constituting an
aggregate ot six millions of dollars, obstrncted by
this embargo. Maasacbuaetls, ou the other hand,
has in exports twenty millioB one hundred thou-
sand dollars, and three hundred and six thousand
tons of registered sliipniog, equal nearly to ten
million of dollars in value, constituting an aggre-
gate of capital in Maasaehuselts, equal to thirty
millions of dollars, obstructed by this law. By
the last census, the poeulatinn of Matsachuaetts
is about ail >bundred taoitsand souls; so that, in
Virginia, nine hundred thousand sools have .to
bear a presaure of embarrassed capital equal lo
six millions of dollars, and in Massachusetts, six
hundred thoUsaod souls, a pressure of thirty mil'
lions. To equalize the presaure of Virginia with
Massachusetts the capital of the former ought to
be forty-five millions imtesd of six millions. I
wish not lo bring into view any uapleasaat com-
parisons, but, when gentlemen wonder at ourcano-
plainls, they ought rightly to appreciate their
causes. The pressure resulting from the eaibai^
rasaments of (bis immense capital is the more
sensibly fell, inasmuch as it is not divided in great
masses among rich individuals, but in moderate
portions among Ibe middling clasaea of our ctti*

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HISTORY OF CONGRESS.

646

KoTDHn,IS08.

F\)T«ign Rdatioiu.

leni, wbo bire, maaf of them, the eafoHigs of a
whole life inreiied in ain^le artieUs destined for
I fumgn market from which yourembargoaloits
praliibit9 them.

liu io Taia lo a»j that, if (be embargo was
tiitti, ihera would be do market. Tbe mercbants
udenlind that aubject belter than yon, and the
eiferatst wilh which prepaTations to load were
eirried od preTioos Id the cDvameDeemeDt of tbi)
xssioa, speaks, in a language not to be Tnialakea,
ibritoptoioo of ihe foreign raarkeis. Bur, it has
been liked, in debate, ''will apt Ma»saehase(ti.
the cradle of liberty, sabmil to such privations?"
Ad embargo liberty was never cradled in Massa-
choHiti. Our liberty was not ao mach a moun-
tain iti >ea nymph. She was free a* air. She
eonid iwim, or ahe coald ran. The ocean wai
tier cradle. Our Talker* met her as she came, like
ibe goddess of beauty, from the waves. They
csught her as abe wai Bporting on the beach.
They courted her while she was spreading her
neti upon the rocks. But aa embarco liberty— a
haml-cufled liberty— a liberty in fetters, a liberty
iraicniag between the four sides of a prison and
bnliog htr head against tbe walls, is none of our
D^priog. Weabjnre the monster^ Its parentage
iiallialftDd.

The geademan from North Carolina (Mr.MA-
<M»\ eiclaimed the other day, " Where is tbe
"Bint of 76 ?" Ay, >ir, whert is it 1 Would lo
nearea [bat, at olir inTocation, it would conde-
scenu to alight on fbis floor. But let gentlemen
wjnember that tbe spirit of '76 was not a spirit of
empty deelaratioD,or of abstract propositions. It
did not content itself with non-import a lion acts,
w DDDiotercourse lawi. It wbs a spirit of active

Cparaiiao, of dignified eaergy. Itiiudied both to
iw our rights and to devise the effectual means
cfaiaiDtainiag them. In all Ibe annals of '73,
yon will Qnd oo such degrading doctrine as that
miiatained in this report. It never presented to
the people of iba United States the latemative of
WIT, or a suspension of our righiij and recom-
mesding tbe latter niher thaa to incur the risk
of (he former. What was tbe lanxnage of that
period, in one of the addressee of Congress, to
QieaiBfitaio 7 "You attempt ta reduce us, by
iheswDtd, tobase andabjectsnbiuissioti. Op the
■*rard, lhetefor«, we rely for prolcelion." In that
day there were no alterBaiivas preaenied ts di»*
hearten ; no atModoomenl of our rights under the
pfeicDce of maintainiog ibem; nO gaining the
hiule by running away. In tbe whoie history of
that period there are no inch terms as "embargo,"
' digoi&ed retirement," "seeing who can do each
other the most harm." At that time we had a
nsfy — [hat name so odious to the ufiuences of
the present day. Yes, sir, to 1776, thoogh but io
oar iDfancT, we had s Navy sconiing our eeasts,
■ad defending our commerce, which was never
Inr one moment whoUy suspended, in 1776, we
had an army also, and a glorious army it was.
I'Idi composed of men halting from the stews, or
■wept from the jails, but-of tbe best blood, tbe
real yeomanry of the country, ntAlc eavalieri,
nen without tear and without reproaah. We bad
lOthCoH. SdSxsa.— 18

snob an army in 1776, and WASBiitflTON at Ita
head. We have an army in 1S08, and a head

- it.

I wilt not humiliate those who lead the fortunes
of tbe nation at the present day, by any compari-

wiib the great men of that period ; but, 1 re-
commend the advocates of the present system of
public measures, to study well the true spirit of
1776, before they venture to call it in aid of ibeii
purposes. It may bring in its train some recollec-
tions not suited to give ease or hope to their
bosoms. I beg gentlemen who are so frequent in
their recurrence to that period to remember that,
among the causes which led to ascparation from
Qreat Brilsin, the following are enumerated ; un-
necessary restrictions upon trade ; cutting off

mercial iDlerconrie between the Colonies ;

irrassing our fisheries; wantonly depriving

citizens of necessaries; invasion of private
property by Oovernmenla) edicts; the authority
of tbe Commander-in-chief, and under him of
the Brigadier General, being rendered supreme in
the civil government; the Commander-in-chief
of the army made Oovernor of a Colony ; citi-
zens transferred from their native country for
trial. Let gentlemen beware bow ihey appeel to
the spirit of Te, lest it come wilb the aspect, not
of a friend, hut of a tormentor ; lest they find a
warning when they look fur support ; and, instead
of encouragement they are presented witli an aw-
ful lesson.
But, repealing tbe embargo will be submission
tribute. The popular ear is fretted with this
word tribute, and ao odiam is attempted to ha
thrown upon those who are indignant at this
abandonment of their rights, by representing them
I the advocates of tribute. Sir. who advocates
1 No man, in this country, I believe. This
outcry about tribute is the veriest bngbeat that
ras ever raised io order to persuade them to quit
ights, which Ood and nature bad given them. Itt
the first place, it is scarce possible that, if left to
' Imself, the interest of the merchant could ever

confiscation, prohibits our vessels from receiving
a visit fiom an Bnglish ship, or touching at an
Engli^ port. In this stale of things, England
pretends to permit us to export to France eertain
articles, paying hera duty. Tbe very statement
of the ease shows tbe futility of the aitempt.
Who will pay a duly to Engrland for permission
10 go 10 France to be confiscated 1 But, suppose
there is a mistake in this, and that It may be tfaa
interest of the merchant to pay such a duty, for
the'pozpose of going to certain destruelion, have
not you full powers over this matierf Cannot
you, by painsaod penalties, prohibit ibMoerchant
from the payment of such a duty 7 No man will
obstruct you. There is not, as 1 believe, but one
opinion upon this lubject. I hope, tlierefore, that
gentlemen will cease this outcry about tribute.

However, suppose that the payment of thta
duty is inevitable, which it certainly is not, let
me ask, is embargo independence? Deceive not
yooraelve*. It is palpable aabmisston. Qend»-

.yGooglc

HISTORY OF CONGRESS.

648

H.orR.

Fbreiga ItelalioKt.

NOTBHBIB, 1806.

'sinile) I

men eicclaim, '' Grea
cbeek!'" And nbai does Ihe Admioislration 1 It
"turns the other also.'" Oeotlemen lav, ''Great
firilaia 13 ■ robber, she 'takes our cloai." And
what says the AdmiiiislralioQ 1 <'Lel her lake
our coat alio." France and Great Britain require
you to relinquish a part or your cominerce, and
you yield it eolirely. Sir, this cooduct may be
the way to dignity aud honor in aoolber world, but
ilwili never secure safely and iDdep«ndenceiD tbii.<

At erery corner of this ^reat city, we meet
some geotlemen of the majoriry wrioging their
hands, and axelaimioe "What shall we dol No-
thing but eoibargo will save us 1 Remove it, and
what shall wedol" Sir, it is Dot for me, a hum-
ble and uniDflnential iodiTidual, at an awful dis-
tance from the predominaoi influences, to suggest
plans of government. But, lo my eve, tbe path
of our duty is as dislincl as the milky way— all
studded with living sapphires — glowing with co-
muUlir^ lighl. It is the path of active prepara-
tion—of dignified energv. It is the path of 1776.
It consists not in abaadoning our rights, but in
lupportiog ihem as ihey eiist, and where they
exist— on the ocean at well as on the land. It
consists in taking the nature of things as the
measure of the rights of your ciiizens, not tlie
orders and decrees of impeiious foreigners. Give
what proieciioo you can. Take no counsel of
fear. Your alrengch will increase with the trial,
and prove greater than you are now aware.

But, 1 sball be lold this may lead to war. I
ask. Are we now at peace? Certainly nut, un-
lefs relirine from insult be peace — unlan Bhrioli-
ing under the lash be peace. The surest way to
prevent war is, not to fear it. The idea that no-
thing oD earth is so dreadful as war, is inculcated
too sludiously among us. Disgraca Is worse.
Abandonment of essential rights is worse.

Sir, I could not refrain from seizing the -first
opportunity of spreading before lbii House the
■uS^riogs and exigencies of New England under
ibis embargo. Some gentlemen may deem it not
strictly before ua ; in my opiatoa it is, necessa-
rily. For, if the idea of the committee be eor-
reel, and embargo is resistance, thrn this resolu-
tion sanctions its continuance. If, on [he contrary,
as I contend, embargo is submission, then this res-
olution is a pledge of its repeal.

Mr. Dana said, he considered it unfortunate
if the doubt existed in the minds of members of
this House which seemed to be implied by the
lesalulion under consideration. Was it really a
question whether the Represenlstives of the peo-
ple of the United States wonid bow their free
necks to a foreign Tokel Was it to be decided by
renewinglhe Declaration of iheir Independence'?
Once declnred, Mr. D. said, it was to be consid-
ered as a given pointthatour independence should
be maintained. And it was not altrays a suffi-
cient reason for agreeing to a proposition that it
was truth. For himself, he had not supposed that
much doubteiisted on this point. Even the com-
mittee themselves seemed to have considered this
declaration as unnecessary, for tbey say it might
toAome seem supeifluoiit. He thought tha ml

policy to be pursued by this country should be
such as never 10 make thisa qoesiionj andvlitD
it became a question, a declaraiioa in words sdiird
not to the detetininalion to resent aggresiions in
our independence. However, as the resolulloa
had been submitted to the House, it hecimeaques-
lion how it should be decided, and aDoibet ques-
tion, what was the import of.jtl In one reipKi
he approved ihe resolution, because it was concist;
and yet there might be a difiereoce of opinioa u
to tbe terms of it. f he questions now submiittd
lo the Councils oflhe Nation wera questions r«l)-
tive to our maritime tights. He knew not Ihtl
any question existed as to our territorial rigbu.
The langUHge of the resolution was very brout,
and he wished that it might be varied.soss lobe
more specific and appropriate. With this view,
that no doubt might exist of the import of the rti-
oiotion, he moved to insert between the words Id
and tht, tbe words, "abandon the navigalLonof
the ocean in consequence of." ThisatnendtneDi
presented aquestion on which he wished a decided
expression of the opinion of ihe House,

Mr. Sloak said, he perfectly acquiesced in ihe
ameudment moved by the gentleman from Con-
necticut, if one word more was added, and ibil
was the word ''longer," between the words W(
and nibmit. He, for one, thought that cur ligbis
were already abandoned, and tbat they had been
abandoned too long,

Mr. Daha said, that, whatever bad been hii
opinion of Ihe past measures of the AdmiDistii-
lion, he would not propose an amendment wbitb
would imply that the Councils of this Nation hid
submitted. Gentlemen who had favored thoie
measures probably did not consider them at 'oh-
mission. He therefore could not consent to can
that reproach on them. The gentleman from Neir
Jersey, he hoped, would not consider iiawinior
attention to him; but, for these reasons, he ca»ld
not accept his amendment.

Mr. Bacon observed that he had hoped, fioin
the observalioda of his colleague, (Mr. uuihgt.)
tbat there would have bden no objeclion to ihe
adoption of this resolution, as reported, Wbal
could be less exceptionable than Ihe resolution bere
offered, that the United SUtes would not sacrifice
their rights,hoi)or, and independence, to the edicU
of Great Britain and Franeel There wai,iD»leed,
considerable address displayed in the coostruciton
of ihia amendment. The declaration conlsincd
in the resolution was,thattbc United Slates would
not in aoy manner submit to the edicts. Tbege^
tiematiwiihedtosay that the United Stales would
not submit to abandon the ocean— thus narrow-
ing down the mode of reaistance. The conclP-
sion to be drawn from which, was, that tbey would
not sobmit to tbe embargo, which resisted those
decrees. Instead of saying that they wonld ool
submit to the decrees, the gentleman from Coa-
necticut wished them to say ihat they would nM
submit to abandon the ocean. Gi-ntlemea said
thalthe embargo wasan abandonment of ibeoceao.
The geoileman, therefore, wished to eniiap '«
Housa into a declaration that they would sot sO''
mit to tb« embargo.

.yGoogIc

HISTORY OF CONGRESS.

650

NOVEMBBR, 1809.

FbreigH Setationt.

H. orR.

Mr. Taylob aaid, it hid been ibe detlce oflh*
select commitlee to pieseol lo [be Houm « piopa-
siiion which should letve out of view not onlf
party feelings, wbichwereauppoiedaomeliraea to
actuate the House and the ofttioD, but aoyihing
relating to the maonei io which ibis resiaiance
was to be made bf the paiioD agaiast the OTdets
and decrees, alluriing but to one object — the in-
fcactioQ of our Deutralitjr hj foreico DstioDs; that
the quektioD should not be trammelled with war
or no war, viih embargo or do embargo ; boi that
it should appear lo the world that [here was a'
spirit in this aalioa determined lo oppose the
orders Bad decrees of the be tlige rents. It was ool
necessarjr that he should have staled this aa his
determinalion, for he had given an instance of it.
and so bad the House, in paatiog the embargo
law. A proposition was now btongbi fiprwird an
which he must vote — wbatl That rhe would
not abandon the «eean in eonsequeoee of the
orders and decrees. He said that a temporary
abandoniaeBt was not a total abandonment ; and
if by the former the House should think that thef
could coerce an observance of their rightti, the
measure would probably bi resorted to. This
however was a question for the decision of the
House. Why I hen trammel this resoluttoa with
another proposilioa which wasnotcouneeted with
i(7 An apologjr might be thought necessarv for
proposing a truism to the consideraiion ot the
House; but it would be recollected that during the
late sesaionofCuDgrexsacolleagueofhis bad come
forward aod demanded whether there was or was
not a man in tbeDaiioh who would submit lo the
belligerent edicts'? F.rom one quarter an appro-
priateanswer had been made; from aODlherquarter
there had been no reply. And what had been the
conduct of the latter i Had there not been a propo-
sition made (by Mr. Livbbhohi) at the late aes-
aion, to make war against one (France) and enlffr
into connexion with another (Great Brilain?)
This bad been introdneed ; and woi)ld it not have
been themoat servile submission 7 This sentiment
. wasnot disavowed by thegentlemsn (Mr. Q,niNcT)
who had given them bis opinion on this resola-
tion, and travelled out of the path of bis argument
' to vent his spleen against other measures which
' were not recommended to the House by the com-
^ mittee, who bad left it wholly with the House to
^ say what measures tbev would adopt. Why
should the House be made to decide on a propo-
^ sition like this; when they bad already adopted
a measure (the embargo) which showed tlteir
willingness to makeany sacriGcee for maimaining
their Tight to the ocean? The eomplainis made
by the geaileman from Massachusetts proved that
the people had borne a great deal. Mr. T. said
! he had given a sufficient proof by his vote ia favor
of the embargo not to make it oeceisary for him
now to say that he would not abandon the ocean,
I unless forsuch a Lime, as, by affecting the interests
of the belligerents, should compel them toabandon
the nefarious project oflayiag under coairibulion
' one lawful commerce. Notwithsiaoding ibia dis-
position, Mr. T. said, ha could not vote for the
amendment offered by (he gentleman from Con-

adoption would evade tbe qoeation
which ha wished to be taken on the principles of
the resolution.

Mr. J. O. Jaosbom hoped that the Committee
would not consent to permit an evasion of a de-
cision on the great quesiioD now proposed to them,
and thus enable gentlemen to creep out by the aid
□f the proposition of the geaileman from Connec-
ticut. He wished (he question to be solemnly^ de-
cided, because he believed that there were indi-
vidnala in a certain portion of this body, who
were not willing to sav that they would resist
these aggressions ; and ne was induced lo believe
it by a late assertion that (he United States had
no cause of complaint against Qreat Britain. If
the gectlenian from Connecticut would bring for-
ward a distinct proposition lo the amount of hia
amendment, Mr. J. said he would vote with him.
Reiiring from ibe ocean for a time was not an
abandoomeDt of it; hut an acquiescence in tbe
arbitrary edicts of the belligerents would he an
abandonment. What was the amouat of the re-
soluti
Let ii

ted States would carry on trade notwith standing
iheir edicts. He wished not to afford gentlemen
an opportunity of getting off tbe odium which
would atiach to them if they voted afiainst tbe
plain proposition for resiatance; and he hoped
that tbe commiitie would not sanction the amend-
ment, notnilhstahdin^ that he was ready to vole
for a distinct proposition to the same effect as tbe

Mr. LiTEBHOBE said that the principal question
proposed to the House by the amendment was,
vrhelher it was consistent wilh a determination
to resist, to abandon the oeean in congiqiience of
tbe edicts of Great Brilain and France?' Would
any gentlei^aasay that it was? Would anyReo-
lletmui say that it comported with honor and in-
dependence toabandon me ocean 1 He conceived
not The gentleman from Massachusetts (Mr.
BA00H)aeemed to conceive thatif (he amendment
were adapted, it would be contended ibat the em-
bargo was an abandonment of commerce. Prom
ils intruding upon the gentleman's mind rhns,
Mr. L. said there must be some truth in the idea.
In considiring this smendmeni, Mr. L. raid he
wished (0 consider it in its full eilent.. He did
not in general wish that in legislation any ab-
stract propositioa should be laid down. 1( did
not appear to him to be the proper mode of doing
business; though it was prtrfiable that gentlemen
might, from a cursory view, think proper lo
give this resolution ibeir sanction. He eould not
see how any gentleman coald dissent from tba

This declaration of non-aubmission must re-
late altogether to something to be done or suffered
on the ocean: and what then 7 Why he should
suppose that he submiUed bygiviug np naviga-
lion io coasequenceof the edicts of foreign Power*.
It really appeared to bim, that in withdrawing
from the ocean, we did submit-; that receding
from tbe ocean was obeying the edicu. Franea
said thai we aboold not irsde with dreal Biiula.

.yGoogle

661

BISTORT OP CONOBE88.

652

H.OPR.

fhreign Belatiotu.

NoTBMBaR, ]

GkcBt Briiiin Hid that iDismnch ■■ thh wu the
eate, we (hoald not go to the Conliaent without
pariae her HcerlaiD duty. Heer«nted tbitboth
were injuriou*. What theti 7 The question was,
should the United Stalea submit to them? He
Vas not oae of those to whom the genilcman
who tfoke last had alluded, as being afraid of
the odium ofrotiag againtt the first resolution,
though he should readilj' rote for it. But he would
much rather Tote for it with the amendment of
the gentleman from Couoeclient. He did not
know why hotiorable frentleman should throw out
these insinualioQs. The gentleman had Mid that
those who opposed the proposition said that thef
would submit. He had nerer heard any poe uy
so; on the contrary, he contended that it would
be humiliating to submit. But they might difier
H to the manner of rcsiatiag ; and be should con-
tend that withdrawing from the oeesn was sub-
mittlDK to the deoriea of France and Oreat Brit-
ain. He *aid that he would not tubmit to the
edicts of Oreat Britain more than of France; at
the same time that he contended that withdraw-
ing from the ocean would be subminsjon to both.
Ur. Lton said be felt as strong an abhorrence
a* any gentleman taiubmitto the edicts of Great
Britain and France, therefore be wa« inclined to
Tote for the resolution as it would stand when
amended as proposed by the gentleman from
Connecticut; be would prefer the resolution in
that shape much to what it was in tbe rihape it
was preiented by tbe committee. Tbe amend-
ment gave a tone to the resolution, which could
not be misnnderitood ; whereat the resolutio
ofiered, while it speaks Dgainit submiision,
Mere repetition of the professions againsi sub-
iiission,_^Lch preceded the embargo, a measure
which, in bis opinion, consisted of the very
•ence of submission. By that measnre we he
nhmitted to he shut off from the ocean. In tbe
nge caused by this political hydrophobia we
have submitted— submit led even to the destrac-
tlna of our uninterdieled trade, eren onr inno-
cent coasting trade.

I did hope, said Mr. L., that by this time the
repreaentBtives of the nation would have recor-
•red from this political hydrophobia. I did hope
that, when gentlemen had had a year'i> experi-
eoee with their wise, their strong meainre, which
I hare always esteemed a foolish aad weak mea-
sure B« to Its eiiernal operations — when they
themseWes were convinced that it had failed in
•rery point of answering tbe purposes they eon-
templaied, f bad hoped ibey would bare magna-
Mmur enough (o give tt up. I did hope they
would by this time hare felt a disposition r '
Berciful to their own coootry; that they w
aospeod tbe operation of this destroyer agi

tbctr fellow citizens. I had hoped they would I

some regard for the intimation*, the something
lika asanriDoes they gave last year, that a year's
operienee would satisfy them ; but my hopes
an all vanished. From ereryihing I can learn,
from what has passed in the Houte this session,
itseenis tbe nation are, by the wise authors of
D be subjected to its ca)

'Oed only knows how long. And for what
n is it now to be continued? Is it to starve
the British nation, and to sare our seamen T
With all tbe energy with which this wise meas*
— ""It been armed by your countless embargo
, I have not heard of a single poor West
India negro being starved by it. I have seen, it
is true, a newspaper, which Mates, under the
«anciioo of high authority, that onr seamen have
been saved by it ; but I hare it from other qnar-
ters, thai many more than half of those we last
year called American seamen, hare, tcwether

ith niany of uur fishermen, gone into foreign

^rviee. The sailore have not all caught the
hydrophobia ; ibey retain their lore for the wstery
:lement, and are gone to enjoy it.

Among tbe diversity of, evils and ealamities
brought OB by the embargo system, so emphati-

lly called a wise measure by its very wise pro-
jectors and supporters, there Is. none has rexed
me so much as the injury done to the cause of
republicanism — that oeuse in which I have long
labored, and will cease to labor in only wheal
cease to breathe — that cause has suffered much.
I told the Eastern Democrats last year, hotli here
and in private conversaiion, that the Pederalisis,
grown wise by ad rersity, would take every ad-
rantage of their folly, and get themselves into
power. 1 foresaw then what has happened in
tbe Eastern States, I assured ihem that Massa--
cbuseits^ New Hampshire, Rhode Island, and
Vermont, would, in consequence of their wise
measures, discard their democracy, and approve
of that federal folly which wonld have left the
a slate of progressive growth, i

people would prefer the state of thin^ in which
every roan is allowed to embargo himself, or to
eiercise -bis energies, and employ his capital or
his credit to his own emolument, and the benefit
of the nation.- My predictions have come to
pasf. Masaachnsetis has returned to ,that Feder-
alism which the bad shaken off. New Hamp-
shire has told her embargo del^ation that the
has no further Occasion for their servieee. Rhode
Island has done the same. I bear a great boaat-
in^ that Vermontistaved. lam wetlacqaainted
with that Slate, its situation and its constitu-
tion, and I can declare to you that it is notsaved
from a radical change to Federalism | that Stale
being able to aid the embargo laws a little while
longer, is owinfr to a defect in their constitution —
it it owing <o their having perhaps one hundred
rotten boroughs or Old Sarums repreoented in
their L^tlaiure. The majority of the people
of that State have elevated tbe Federal Qorer-
nor, whom they had lately discarded. They have
elected a Federal upper bouse, bat owing to nn-
improred townships, in which there are not more
than half a dozen families, being able to send an
equal representation with those townships which
coalaio five hundred families or upwards, the re-
publicans of that State have been able to boaat
of the shortlived triumph they itow mjoy. Tii«

.yGoogIc

HISTORY OP CONGRESS.

654

NOTGHMB, 1806.

H. orR.

lime has been when the ineqaalit^r I ipeak of

Siane, while rbe other half tent
huDdred and Iwenly membeTi. The time has
now arriTej, sir, when mv last Feqr'i predictioDs
have come to pan ; It is appareoi as (he daylight.
Yet the republican geDilemen (rf that Slate are
dlspased to attribute the change to aaf thing elie
rattler than the true «aase. In the embargo sys-
tem, they seem delermioed with cloird ryet and
haraened hearts, to proceed on until thetr oppo-
nents shall wrest from them the last Teitige of

1 regret siocerely to see in the President's Mes-
sage at this lime an iDtimatioo lo the Legiilstore
to prepare for disposing of the i^urplus which is
to arise from onr rerenne, after it has discharged
certain debts which Doweocamber it. This in-
timation looks too mnch like direrting the allen-
tiort of the nation frcm the real situation of its
finances.

It ia true that there are about fonrteen millions
in the Treasury. How much more is thereto
come in, and where is it lo cone rroml That
fourteen million* must be disposed of by this
time twelve montbs. and weeanoot expect money
euougli to come into the Treasary within that
time to carry us more than about tbree or four
monitis longer. If you should now take ofi' the
embargo, the- duties to be derived from the reiarn
cargoes are lo be bonded, and the money will
not reach the Treaiurr time enoush to save yon
from borrowing nest year. Should yon now lay
a land Is3, it would be the same thing. 1 con-
fess I am not financier enough to find otit any
way to avoid borrowing next session of Coo-
gresa. When the peo[ile see you hare recourse'
lo the borrowing systeni.— ihat system which we
republicans so loudly exclaimed against nnder
the former Administration, and that lo support a
measuTF. or a course of measares, that has do
other effect than that of iffiporetishiDS them,
they will tarn their backs upon you ; toey:wili
prefer Federalism, or any other t*m, rather than
be cajoled in this way. Passing southward from
the New Rnglaad Slates, how stands New York
now 1 They hare acted wiser ; ihey hare dis-
carded their ambargo men, without taking up
Federalists altojelher, but the danger is that
Federal ism will prerail even in that wiser Slate.
Jersey will undoubtedly follow. And I wlllren-
tnre another prophecy ; that this House will coa-
tatn, after another election, a majoriiy of Feder-
alists from the Slates south of Pennsylrania, un-
less thisBysiem of coercing the people to be idle,
to . be joaetire, to be poor, to be miserable, is
given up. Not having had time to read all the
documents, and being unprepared to enter largely
into debate, I shall waive any further observa-
tions, with a view' to eipressing my opinions
more fotlv on the subject at auothrr time.

Some turlher desultory debate took place on
Mr. Dana's amendment, in which Meiars. Rhea,
UAcoif, a. Vf. Caiipbbli^ and Fiac oppesad it,
-and Messrs. Bixiot Mid Dana aappoited it.

On the motion of agreeing to the amendment
of Mr. DaHt, it was lost— ayea 31.

Mr. LivEBMOBE said he had an amendment to •
propose, which he hoped would meet the opinion
of every gentleman, since ihe chief argament
against the amendment of the gentleman from
Connecticut was, that it narrowed the ground of
resistance. He proposed to add (o the end of the
resolution the following words: "and that an
' abendonment of the navigation of the ocean, is
' a relinquishmenl of onr rights, and a sabmissioit
' to the ediots of Oreat Britain and France."

Mr. CooKobjecced to (be insertion in thisreao-
lution of any irrelevant matter, with a view to
evade its object; although were the amendment
introduced aa aseparate proposition, he might role
for it.

Mr. Shilii said he really could not helpmriiig
credit to (be gentlentan from Cooneclicut, lor the
ingenuity of his amendment ; but the gentleman
from Masaachnsetls had certainly improved upon
it Accept thai amendment (said he) and yon
c<»id«mn indirectly the very measures whicb this
Gorerament has taken for resistance.

The ameadmeni moved by Mr. Livmmiori was
negatived, twenty members only rising in favor

of It.

The Committee then rose, (balf past 3 o'clock,)
reported progress, and obtained leave to sit again.

THE BMBARGO.
Mr. Gahdenier presented a petition of the
inhabitanl* of Sonthold, SuSblk eoanty. New
York, Bgaiost the embargo. He moved to dis-
pense with the reading, and refer it to a com-

- Mr. D. R. WiLLiAKB said he could not dispense
with Ihe reading.

The Clerk proceeded in the reading of the pe-
tition ; but before it was concluded, a motion was
made to adjourn, and carried.

TnESDAT, November 29.

On motion of Mr. Jibbmiab Mobbow,

Jtesolved. That the Committee on the Public
Lands be instructed to inquire into the expedi-
ency of reriving and continuing in force, for a
further time, the authority of the board of com-
misioaera for .inresiigatiDg claims to land in the
Kaskaakia district; and that they report by bill,
or otherwise!

Mr, HoLHBB, from the Committee of Claiou,
presented a bill authorizing the payment of cer-
tain pensions by (he Secretary of War at the
seat of Qovernmeat ; which was read twice and
committed to a Committee of the Whole to-mor-
row.

The letter presented yesterday, by Mr. Qabdb-
niBB, from sundry freeholders and tBhabitanta of
the town of Southold, in the Stale of New York,
WHS read, and ordered to be referred to the Com-
mittee of (he whole House to whom was commit-
ted a resolution proposed by Mr. Chittgnbbii on
I (he tenth instaoL

.yGoogIc

665

HISTORY OF CONGRESS.

LorR.

Foreign itdatimM.

N'OVEHBIR, 1

FOREIGN REA.ATIONB.

The House resdTed iiself ioto a Commiilee of
. the Wboleoa ibe report of ibe commiitee on
JDbject of our foreign relatioDi. The first reio-
lutton siill under consideraUOD.

Mr. W. ALBTOif tail), if geDilmen bad con-
fined thetDietvei ro the resolution immediately
before ibem, it would not be neceisary further to
discuM it, as DO geDtleiDBQ had objected lo its
adoption; but at the subjeel of our foreign reU-
lioDB generally, as reportnl by the i>eleet commit-
tee, was fairly within the rtilea and orders of the
House, and proper for inresligation, be ihould
offer a few remarks in lupport of that report, and
in doing so, he assured the House that he should
not very long ask their attention.

The gealleman from MBvsRchu$ett3,(Mr.Qnii(-
CT,) wHo favored us yesterday with a long ha-
rangue upon this question, made so many extra-
ordinarv assertions, so coDtradicIory in themselves,
that I thiak there is no tnan under HeBven that
eoutd well understand him, and much more diffi-
catt would it be to recbncile his very contradic-
tory argumeuis to each other : for, howeTer plau-
■ible be might be in some of his observations,
before he concluded be was certain to destroy any
impression ibe^ were calculsted lo make npon
the minds of his hearers. Mr. A. said be Would
begin his observations in reply at the very point
where (be genileman had ended ; the f^enileman
had stated that the<:our&e the Government oughi
to pursue was as clear as the milky way; that nc
man could or onght to misrake it ; but as he was
an humble nilooriiy mao, it" was not his business
to lay any plan before the House. Resistance!
defend your rights upon the sea ! was his lan-
guage. Strange lsngi>age this. If the path was
so clear, how hap;iened it that the whole wisdom
of the OovernmeDt and the nation should £nd
aueh difficulty in pursuing of ill for, he believtd,
turn whichever way they would, innumerable dif-
ficulties presented themselves lo nil. except a few
ilt the Stale of Massachusetts, and he hoped thai
they were very few, who wanted lo join one
party and go to war with the other; who were
willing lo submit lo the orders of Qreal Britain,
and plunge ibis nation into a war wiib France at
the nazard of out liberty as an-independent na-
tion. If this was the gentleman's resistance, and
from his observations end remarks he thought no
mau could weJI draw any other inference, he
hoped they should not sdopi his course. He,
however, rather concluded, from everything the
seuileman had said, that resislanceio the laws of
Bis own Qoveromeoi, fairly enacted, and declared
by the Judiciary of his country to be ConstilU'
tional, would suit his palate a little better tban
■ny other resistance, unless, indeed, a eoaliiion
with Great Britain to resist France migbl uuit
him belter. ThegenllemBu had exclaimed loudly
a^inst paying tribute, and urged, at the same
time, that no tribute would be paid, for, if our
vessels were permitted to go to England, thai the
edicts of Prance would prevent ihera going ehe-
irhere. This was not Mr. Alston's opinioa, for
were our vessels permitted to leave our ports, and

by paying a duly in England, nould find a belter
market upon Ihe'Continent, the merchants, trib-
ute or no Iribule, (would pursue that course which
their interest directed. The gentleman tnlked of
tesisiance, aild resistance on sea. Did any one
believe that he serioutly meant meeting the pow-
erful navy of Oreat Britaia on the sea; of that
Briiaiq who had been emphatically styled the
mistress of the ocean, and who was fiffbiing for
the liberties of the world and of mankind? No,
sir, said Mr. A., nothing of the kind is meant;,
submission to her orders would be the inevitabte
coDiequenee of the gentleman's resistance, and
Bnally a loss of everything detfr to the American
character ; a loss of our liberty and independence
as a free people. '

The gentleman from Massachusetts talks about
the spirit of 1776, and cautions my colleague, too,
who mentioned that spirit a few days since, not
lo invoice it. Wherefore does the gentleman do
this? Is it because he does not wish ibe Ameri-
csn people of the present day to know that the-
spirit of our ancestors wxs opposition to British
aggression ? ■

The gentleman says the embargo must be re-
pealed; that there is a voice in this nation loud-
er than Ibe voice of Congress; that the air will
continue to circulate and the waters to descend,
any law to the contrary notwilbsianding. Good
Qod, Mr. Chairman i has the American naiiom
come to this, that the laws of cur country a.re la
be violated, that trade and commerce shall b«
carried on whether wuctioned by ibe Oovem-
meni or notl The gentleman says the whole
nation calls aloud for its repeal ; that there is but
one sentiment' on the occasion; that every part
of this great community feel its efiisci$, I readily
admit; but ihai they wish its immediate repeal
Bi the expense of our liberty as an independent
nation, I positively deny. I must confess my aa-
loniahmeni, when I heard ihe genileman reiter-
ate those sentiments — wh^i I cast my eyes into
the newspaper* of the day, and saw that town
meetings had been held in the neighborhood of
the town in which the gentleman comes from —
(Boston) where I find the subject was discussed

and a large majority against the repeal of iha

laws ; yet, sir, it may not be true, a.aA

may be universal. It appears, from

embargo T

the s

papers, that Mr. Gray, of Salem, ■

of Ibe most intelfizent and distinguished Federal
merchants upon the continent, was present at ft
meeting in bis town, and clearly pointed out to
the satisfaction of a large majariiv present, that
if the embargo laws were repealed whilst the'
present restrielinni remained in force against our
commerce, that any trade would he so hazardous
and uncertain, that no honest merchant ci.uld or
would attempt it. NoLwilhsIsnding all these
facts, staring us in the face, what the gentle-
man asserts may be true, ahd these things uot
have taken place. If the subject of repealing the
embargo was now before us, I would readily go
into an investigation of ihe subject, and oner
some remarks why it should not now l>e repealed.
It will unduub'tcdly be diseuued before the m~~~~~

.yGoogIc

557

HISTOET OP CONGRESa

f\treign Ralatioiu.

H. or R.

ends, and I am oercaio I slull b« round as williog
as any member on this floor to lake it off a« soon
as ibe interest, atttiy, and kooor of ibis Datioo

From the great aomraercial talenu of ibe gto-
tleman, I had especled that he would have taken
a commc^rcial riewof ihesabject,HDd liave shoivn
□a that intercourse misht be opened to adTaotage
•omewhere. Mad it oeen shown, I am certain
that i should be ambng the last to hold oo upon
restrictions injurious to the eoramuiiiljr. Had it
heen in the power of the gentleman, ao doubt he
would have done ii. 1 therefore take it for grant-
ed, that under esisling eircumslanen, no benefit
would result to the honest and .upright trader.
Provided the gentremen could obtain his 'object,
nothiog but hazard, difficulty, and danger, would
be presented, independent of tiaiional degradation
and dishonor.

There has beea laid upon our tables, this mom-
inz, a doeameul eoDlaJDiDg petitions which were

[■resented two years ago. I have not had lime to
ook into Ibem, but, as well as my memory serves
me. tbey conlain language and seDtimenls very
didereni from the language of those of the ptes-
eat day, and from the self-same quarter of the
United Slates, too. Tfaeypray a further attempt
St negotiation, and toggesi a special embassy;
and, in case of its failure, tbey pledge iheir lives
and fortunes in support of tbe measures that the
Oovernmcnt may adopt in viadicaiioa of their
just rights. I call upon gentlemen — particularly
the gentleman frotn MasiBcbuieits— to examine
the grievances they complain of. It was nothing
more or less than a violation of a commerce car-
ried on by the merchants of this eoaniry from an
enemy's colony to the mother country. This, sir,
was the complaint in which the pledge was given
to shed their blood in case of failure. Well/sir,
the very steps were takaa, and negotiation com-
pletely exhausted upon tbe subject; and (os is
contained in tbe report of the select committee)
nothing hot inaull. added to injury, is the remit.
Yet, we are told ihai these very people will not
submit to the laws of tbair country. 1 csnnot
bring my mind to believe this to be the character
of the good citizens of the Slate of Massacbuoells,
notwithstanding tbe gentleman's strong assertions
to the Contrary. If the gentleman is determined
upon resistance, sod that npon the sea, where is
he CO find an enemy 1 France, we sre told, has
not a rag of sail upon the ocean. Does the gen-
tleman mean to invade the Emperor Napoleon's
territory, or does he mean to attack Great Bril<
ain, ihe mistress of the ocean, who, we are em-
phatically told, is Sghtingibe battles of the world
for tbe liberties of maokiod 1 An idea of that
sort of resistance is too idle lo merit serious con-
sidetalion.

Mr.BACOH. — Inall the variomdiseussions which
have arisen in the House on the great subject of
our foreign relations, and on the general course of
measures which were adopted ia reference to them,
in ihe coarse of tbe last session, 1 do not at prev
ent recollect having occupied the time o(^ the
HoiHe inlis(«Dbg(aaiiyobservatioB*of miiMon

ibose g^wral subjects. I have hereufore forhorn*
from trespassing upon ibeir patience on two con-
siderations—because 1 had been persuaded that
the discussion was already in much abler bands
tbanmyown^and because I was strongly impressed
with a coDvictioB, that, ia tbe perifous and mo-
mentous crisis to which the a&irs of this country
bad been for Ihe year past vrrgins, both the House
and tbe nation required from their Represeni*-
tives on this floor less argument and more actio*
— less declamation and more decision. lamaow
fully sensible that both these considerations con-
tinue.to exist in their full force, and ibal the inter-
ests of the people will not always be best subserved
by, bim who occupies their time with the most
elaborate speeches, or amuse* them with the best
chosen rhetorical figures.

Impressed with the full force of these redecliona,
1 should still have continued to listen to others,
in silence, had I not conceived myself pretty loudly
called upon by the obsctvatinns of my colleague
yesterday, and did I not think it a duty at this
early period to rescue the reporiof tbe select com-
mittee (one of whom 1 bad the honor to be) from
those imputations which have been improperly
heaped upoa it by him ; as also to meet some of
those remarks which he seemed to direct partic-
ularly to myself.

That gentleman opened his address by express-
ing his entire and QDquali6ed concurrence in the
broad position which is set up in tbai general res-
olution reported by tbe select commiiiee, which
is now before us. And what was his reason 1 Be-
cause, said he, that resolution, if adopted, most be
considered si a specific pledge, on the part of thia
House, for an entire departure from that general
system of restrictive policy which has been pur-
sued during the past year. If tbe gentleman,
indeed, viewed the resolution in this light, why
would he not suffer it to glide through with that
silentandgeaeralacquiescencewhich on all bands
seemed to be promised loitl Why step aside,
with so much zeal, lo stuck thai system, which,
upon his supposition, no one was about any more
lo defend 1 Why make it Ibe great laboring point
of his'very labored and systemaiio argument, to
discredit that odious embargo system which he
affected to think every one was now about to give
Dp7 Was it because bis hostilit^y lo it was so
deep that be could not bear to seen die. unless he
had a hand in contributing toils exit, and was do-
termined to show his constiluenta, thai, in the Ian-
gU8geordpoTtsmeD,heBlsowasin ''at ihe death 7"
The only reason which I recollect lo have been
given by him fot bis nnnsnal eoursa, was, that the
future adherence to this embargo system was spe-
cifically recommended by the report of the com-
mittee. Whatever may be the future judgment
of thia House on the policy of continuing this
measure for a longer period, or assuming a differ-
ent position, 1 assert that oosnch recommendation
is contained in that report; and it is inconceiva-
ble to me on what part oF it the gentleman will
support his assertion. Bo far from Ibis, thai the
decwion of that ^eat question, and the expedi-
eacy of electing either that or another alter mtive,

.yGoogIc

660

HISTORY OF CONGRESS.

Fartigtt RMaHona.

NOTEMBBR, 1808.

it expreiiljr left open to the House by the com-
mittee ihemselres. [Mr. B. here read ihe follow-
ing piTBgriph, rrom ihe report, in justification of
hit coDiiructioD of it:]

" On ■ queatioD' of nich diffkaltj, inTolving the
Boit imporltnt inl«re«M of Ihe Union, and vhieh hu
not parht^i until lately bern lufficientlj csondeied,
yooi committee think the Honie alone competent to
prononnce m dcciaiie opinion; and the; have, in thb
lepoit, coo&Bed tbeauelTea to an eipnitionof theaub-
jeet, ajid to auch introductotj raaolutiona ai will be
•quiUj applicable to either BltematiTa."

The gentleman, therefoTe, is erideatlr Dtterly
<UD3upporIed in imputing to [be report what it ex-
preMlydiiBTOwaiaod eaDuoi (tertiioly justify the
vourae which he took by any apoloiy of this sort.
But, even if the question of the embargo wai one
which could properly ariieout of an^ part of the
ayiteni recommended by the commillee. it eer-
teioly was in no degree connected with the gen-
erml aeelerBlory resolution now under conaidere-
tion. And the gentleman's observalioni, if appli-
cable Ib any slage of the diacuaiion, were obviously
premature, end ''a leaping before be came to the
■tile." The aame remark woald apply to the
observations which we heard from the ^iend (po-
litical friend, I mean^ of my colleague, from Ken-
tucky, but which It \a impossible 1 eboold think
of answering on this floor. That the last-men-
tioned gentleman xhould have suffered himself to
WKudet into to irregular a conrse, is not at all
■orpriting — he is not a atanding professor of me-
thod. But my honorable colleague Ja a man, who,
in the course of bis every-day discuaaiona in this
Houae, entrenchei himself in all the niceties of a
epeelal pleader. He is a man of &De diaiinciiooa,
of divisiona and lubdiviiioni, and who will gener-
ally war upon a aingle word which he finds out
of the ranks, and wage hoiiility upon a ttreggling
ftdverb. Much more, then, should I hsTeexpecteo
that he would not have allowed himself to alray
into an argument so wholly irrelevant to the sub-
ject Immediately before the Committee, and into
observations so entirely premature. Thogentle-

a (to use the language of the day^ rajaed thi

liatgo upon his Hoii-embargo speech before the

time. Whether it was because it ha* been ao long

^.. U..»J .L.f 1:1.. „.»- ^*\. .:^i_- 1^ . • \.

on hand, that, like some other articles, it might
have spoiled by longer keeping, I will not^under-
Uke to say. But, although the couri^whicb the
gentleman took, in his view of the subject before
us, might not itself he correct, yet I feel myself
now in some measure justified, if not strongly
called upon, to follow him in some of those re-
mtrks upon out past meaiurea and present state,
which be has presented to the Commillee.

The first remark of hi* which demands notice
at present, it, that the principles which he found
avowed in the report of the select committee were
loaibsome in hit view, and disgraceful to the na-
tion. As the geolleman baa seen fit on this point
to deal only in general allegations, it Is impossible
for me to viodicaie from bis reproaches any of
those particular notiiiont which are so much the
object of his abnorrence. It it that concluding
paragrapliwhiebiitooSeasire to iltegentleiiiMi)

" And it aa; not be nteleaa that evarr fiireign natioD
■honld nndantand tiial its aggreaaiona never will ba
jnatified or encenraged by an; deacriplion of American
dtizena. Foi,thequeetian for every citizen nawit,>rhe-
ther be will call; round the Govammeat of hie choict.
01 enlist under tareign banners! Whether he will be
lor his country, or against bis country!"

I hope it waa not this tentiment wbicb bore
with it so loathsome a relish ; but it is not for me
to select those parti of it which he is ofleDded
with, and which he has denounced onlv by gen-
eral allegations. The gentleman had Wore, In
commenting on ibe general resolution reported
by the committee, remarked that he was opposed
usually to ebsiraci legislation, and general dectat-
atoiy resolutions, viewing it as he did to be uin-
ally the resort of weakness or of ignorance j and
yet be can himself thus deal in general and sweep-
ing denunciatiaas of that report. It is not for
sm lo make the application of bu former maiim.
But, says the gentleman, of what uae can be the
declaration which is set up in this resolution, that
(he rights, booor, and independence, of our coun-
try were violated bv the edicts of Great Briiaia
and France — for wno questions it f I am glad,
sir, to hear at last, from to high authority, that
there can be no quesiion raited on this poinL
Accoatomed as I have been for a long time past
to be told, through the medium of too many of
those prostituted gazettes which live upon the
perverted passions of the day, and diigiace the
nation which supports them, that this Govera-
meni and not Great Britain were the real aggres-
sors in the present controversy ; that the, instead
of being the injuring, was in truth the injured
party, and had therefore the best right to com-
plain. I rejoice to see these calumnies at last pat
down by so commanding an authority, and hope
that, from this time, the public are to be impoted
upon by them no longer. To those unqneaiion-
tionable invasions of our national rights, the gen-
tleman farther agrees, in general terms, that this
nation ought not lo submit. But what, says he,
do your past measures amount to but lubmission?
I well knowthatthiilanguage hat been the catcb-
wqid of newspaper argument during the Summer
past, and am: not altogether surprised at hearing
the sophism renewed at this time — and how does
the gentleman proceed to prove It? Bobmission,
says be, it the agreeing to a thing ordered by an-
other in the manner that he prescribes, or refrain-
ing to do a thing that he prohibitt yon from
doing. England says that we shall not trade with
France and her allies, and they, m their turn, say
that we shall not trade with England. We pro-
hibit altogether the trade with both. His con-
clusion is, that we submit to the course prescribed
by both. But, air. it the refraining from our trade
with both those Powers pursuing that course of
conduct which (he interest of eilher of them de-
mands, or the policy and spirit of their edicts
against us evidently holds forth % It is as much
the interest and the wish of Great Britain that
we abonld continue our trade with her, as that
we shouid forbear it with France and her allies.
What hart we said by the emba^o?— thai wc

.yGoogIc

HISTORY OF C0N0RBS8.

NoTEHMB, ]

Foreign Rdationt.

H. (

will forbear itte latter aod cootiDiie the former?
No. But th«t, qdIcs* yon take off youi interdic-
liaai (gainst ibat trade which you wi^h lo de-
prive as of, you aball not h*ve tbe beneGtsof that
oliiir trade which it u your ioieresi and your
wish to have ds pursue. The policy of the
Preach edicts, and their effect upon our interests
mi rights being preeliely similar, the meature
wbich we mete lo them is also the same. Agairt.
My* (he geotleman, tbe embargo is not only sub-
mission to both, but it 19 aiding direcilr the policy
of both agaiost each other — for, uys he, the ob-
ject of France is to comsress ibe commerce of
Gtut Brttaio. Tbe withdrawini; of our trade
atd> that policy. The policy of Qreai Britain is
locDl up neutral trade to Frauce, and thereby
excite discontent and revolt amon^ her subjects,
■ad the withdrawing of our trade aids that policy.
By the gentleman's own argument, then, it is
proved that the embacgo has apeiated as a meas-
ure of compression, of ineonvenience, or, io other
words, of coercion against both Powersi upon
Great Britain, byeompressingind narrowing her
Ittde, aod upon France, by withholding her cus-
tomary supplies; and the very same argument by
which be attempts to jtrove that it is in nccord-
snee with the policy oT tbe one, proves aliio that
it is in hostility with that of the other ; that it is,
10 far as it goes, resistance ; and this is all that
WM ever contended for bv its advocates. 1 take
the gentleman now solely upon bis own argu-
ment, without drawing to my aid other consider-
stioLs which strengthen and espbin this conclu-
sion. But the gentleman will allow nothing to
be considered as resistance, which is not bottomed
on powder and ball ; every other measure, aa one
of coercion, must be submission. In the natural
world, every order of animals is endowed with
its own pceiiliar weapons of annoying its aniag-
oniat, and waging war in its defence;. and most
cl' them are different from each other. Would it
be strange if there was a similar variety in the
organization of nations. Because Great Britain
wages hostility only byahipsofwarand great gans,
does it Toliow that this country cannot and mnst
not attempt to do it in aay other mode, at least
for a temporary period 1 or, because Napoleon
attacks bii enemies with muskets and bayonets,
must the United Slates be allowed louse only
those weapons? K*en in open and actual war,
rottressesare not always lakeD by open and direct
asianll; it is frequently found most practicable
to reduce them by the slower operations of a
siege.and the withholding of supplies. This may
at time be the policy of a nation, and before other
means are resorted 10, may ha a prudent and a
wise policy. Those means fsiling, they must, to
be sare, in the last resort, rely upon that which
is rmphatieally called the last appeal of nations,
nod rest their vindication urinn toe nword ; and
upon that 1 irusi we shall, if neoessary, not be
backward lo rest onrs.

Proceeding as he has heretofore done to repre-
sent to Ibis ^ouse the interest* and the senti-
menis, act only of all his own coDsiiiueots, but
those of the whole body of Mauacbiuellf, the

gentleman declares, that, in that Slate, tbe opin-
ion that the embargo must at all events be re-
moved, is not ouly general, but universal with
every man of every party. Sir, I protest against
the right or authority of my colleague to bring
before this House the unanimous aeulimenis of
MsssachDselLs, or id undertake in himself, alone,
to represent their united interests. That the peo-
ple of that State have suffered, and are now suf*
fering much, from the present pressure of our
national concerns, is not denied; that they all
ardently desire that our commerce should he
opened so sooo as is cempatible with the great
interests of the nation, cannot be doubled ; in this
wish the interest and tbe most sincere desires of
all here, tr- well as there, must unite. They have
ardently hoped that such a repeal might take
place consistent with the policy on which these
laws were originally founded at the opening of
Congress; and they, as well as the Government
itself, bad the beat reason to suppose, at a partic-
ular period, tbai ibis might have been done. But
that the undivided voice of the people of Messa-
chuseita has ever been expressed unequivocally,
thai the embargo ought, at all events, and with-
out any rei^ard lo the existing or future state of
things, to be forthwith removed, is a position of
which that gentleman has no evidence. Oa this
subject, the opinions of a large portion of the
citizens of Massacbusells, like those of their
brethren elsewhere, have been formed upon no
decisive system of measures; they repose with
as much eonSdence as they ought to do, in tbe
wisdom and information of the Government, for
the adoption of that course which, under all cir-
cumstances, shall be thought iha most prudent
and eligible, anil in that course, whatever it shall
be, they will, I trust, acquiesce as good citizens,
and carry it into effect with an undivided will.
But, coming here, says the gentleman, under the
impression of this universal sentiment, that tbe
emoargo must be removed, and meeting with
men who, after hearing the incantations of ihe

![reat enchaoier, intimate that it may be heal
onger to coalinoe i(, I feel utterly astooiahed,
seem to have got into the regions of magic, and
ask whether this House is mad I Sir, .it would
not be the first instance Wherein the madman
himself has fancied that his own insanity was
imputable to others. There is an eminent in-
stance in sacred writ, wherein madness was un-
justly charged apon one who spoke to his accuser
only the words of truth and soberness. But if
Ihe gentleman means to intimate, that by the io-
CBQiationi of any man or men, the members of
this House are operated upon by any undue in-
fluence, independent of tbeir own judgment and
views of propriety; in behalf of myselfaad those
with whom I am generally happy in acting, I
repel the charge, and pronouoce ii altogether un-
merited. We know of no such «nchaQtment,aDd
we act under none. The insinuation, if so in-
tended, is altogether unwarranted.

We are asked by the gentlemaa, in the coiO-
monlangoageof ibeday^heiherany man thinks
that ihp people of New England are to be indefi-

.yGooglc

66$

HISTORY OF CONGRESS.

H.opR.

Fortign Rflationt.

November, 1608.

Diielp prohibited from ihe use of ihe ocean, aod
commerce perpfiuallv «b«ndoDed1 The very
words of the re[>art which he bo much Tpprobaies
furoiahes ihe beat answer to this sugge.'tioD.
ii ihve itited, tbat —

"Tlie ■ggTCHioni oF Gntlond md France colli
iidj. iHecting almost tbe wkole of our
p«rii«ted in, nolwithatanding repaitsd
axplanationi, and propoiitiona, Efae mnai cunaia ana
nnei caption able, ira, to alt iDlenti and purpoiei, ■
maritime war waged bj both nationi a^nit the Uni-
ted Bt&tea. It cannot be denied that the ultimate and
only elleetual mode of reaiiting that wirftire if per
Billed in, IB war. A permanent ■napeniian. of earn-
meice, after repeated and unaTairmg efforta to obtain
peace, would not properly be reeiatance; it would '
witbdnwitig from the contaal, and abandoning (
indiapntable right freely to navigate Ihe ocean. The
preaent unaettled atata of the world, the eitraordinary
ait(M.ioti in which the United Statea are placed, and
the necaeaity, i[ war be reaoited tp, of making it at the
aame ^time againit both nationa, and theaa the two
tnoat powerful of the world, are Ihe principal
heaitalion. There would be none ia reaprling to that
remedy, however calamiloua, if a aelection could
made on any principle of juatice, or without a 8a<
lice of national independence."

The idea of this perpetual abandonment of the
oc^D, so oflen held upas (be catcb-word of parly,
ia «2preE3|r negatived by the repori, and exists no
where but io tne imagiiiEtiioD of those wJio louod
it. If we cao ultima telyimake our way iipoo the
ocean by no other means, we must fight it there;
the only queaiion it, when ia the proper period lo

Id tiis remarks upon aome obaerTaitoni which
fell from me In the courseof our aeeret aeBsion,
my colleacEue aski iriumphanily, what are the
meana whicti 1 posseas of knowiag the actual sit.
UBlion of the varioui classes of people in Massa-
chusetts, under the operation of the embargo 1 I
have travelled more than once, during the Sum-
mer past, from the seaboard to the western fron-
tiers of that Slate. Has the gentleman' bimieir
done a* rouchl But have I been in the cities,
aeeo the general desertion of their tlreFts. and
Ihe ships rotting at the wharrea? Yei,- air, 1
have been more than once in more than one of
our principal cities, but have not seen ihat total
desertion of the streets which ia ipoken of. I
have seen, indeed, a great contrast lo the picture
exhibited in those limes of profound peace and
Qnparaltelled prosperity which immediately pre-
ceded ibe present stagnation of business. But I
have still seen much occupation and pretty gen-
eral employment of some sort or other, for most
elassea of the citizens, but hare seen or heard of
no one siarviog in those streets. But bare I con-
Tersed with merchants? Yes, sir, 1 bare even
conversed with merchants ; have been to this ora-
cle of all wisdoTt, as the genilemanseeitis to look
QpoD them. I have conversed freely with' more
than one merchant, who had himself as many of
his ships rotting at bis wharves, as had most mer-
chants of onr country, and have found many of
tbem, (hough tuffering (iieir full proportion of the

general pressure of the times, salisSed that noth-
ing better could have been done ; coovineed, ibat
by the adoption of any other alternative, they .
could not have expected immediate relief, ana
willing to forego iheir iramedlaie iotertal for ibe
general good of our country; with a full eooG-
dence that Government had done Ihe beat that
was in iis power fur their relief. It is far from
my intention to be underaiood (hat ihe slate of
OUT natioaaraftairB has not been aentihiy fell, and
the industry of out citizens much paralyzed, in
that part of our country, by ihb operation of these
measures. It certainly has. Bgt mv objeci bu
been, both now and the other day, only to eiprns
my opinion, that the tragic picture of general ruin
and universal suffering drawn by my colleague,
a rain so wide that every eye could se« it, aod i
suSering so deep, that every man mast feel it be-
yond endurance, was altogether uverebarged aad
exaggerated, and this, so far as my informaliDi)
extendi, 1 feel no hesitation in aEserling.

It is pronounced in ancmphatic and comma|d*
ing style, by the gentleman, lhat iheae laws mtisl
be repealed, and for thii imperative reason, that
the public mind is against Us, lhat we caonol ex-
pect to be able (o enforce them much longer by
any means, and that there exisu a control over
this body in the nature of thinga and in the Con-
stitution. Bir, 1 agree there is a control, in the
Constitution, over all our acts; but I had hoped,
after this question bad once been submitted, ai it
has been, to the decision of that tribunal whose
judgments that gentleman and his friends had
Wn heretofore no much in the habit of respect-
ing, and when, after a solemn argument, an opin-
ion sanctioning their constitutiooalitjr had been
given upon greet deliberation and advisement, by
a judge of great legal weight and personal re-
spectability, and whose opinion, from his knowQ
political character, could not be suspected of any
party views; after all ihia, I had hoped that we
shoulJ have heard do mote auggeslions about the
unconctitulionaliiy of this law; particularly from
a quarter where we had been accustomed to hear
the doctrine that the judicial power was supreme,
controlling not only the exercise of individual
rights, but also the power of every other branch
oflbe GoverDmenl. But we are told that a judi-
cial decision is one thing, a poptilar decision may
be another. Indeed, sir, has it come (o this. tha(
having appealed from (be opinion! of your legis-
lative department, in all its branchei, to that on-
cle of the Constitution, the Judiciary, and finding
even that against them, we are now lo be threat-
ened by an appeal to the people, aver the heads
of the whole Government i It is now some yean
since the country was put into fermentation b;
the irregular conduct of a foreign incendiary, in
affecting to appeal from the decision of your Ex*
ecutive branch alone, and I did not expect to
have seen this coorse of conduct so soon revived
in a more exceptionable manner by my honorable
colleague. But when bespeaks of acanirolover
proceeding! existing io nature, what can he
n 1 He sayE, not by open insurrection. Sir,
I ttgst that coBsideraiioDs of a control existing

.yGoogIc

565

HISTORY OF CONGRESS.

NOTEMBER, 1808.

/VeigTi Relatiotu.

H. (

over ihe •els of ihls Ooveninienl in any so
except the limiiatinns of our Conslitulion.
not be suffered lo infiuence our judgmeols ii
rierciie of onr represenialive fuoclions; they
ODghl not to do it, and I trust ibey ivi" "

tbe public seDtiment, we are told, is setiiog loo
slTODglr HgaiDsi 09. Bad it is ia vaJQ lo think of
eiecutiag our laws in defiance of public opinioi
It would be ID riin, sir, to conceal ibat the publi

Ejttdiceiu the Eastern section of tbe Union he
D loo successfully operated upon by designing
men, attd a spirit of oppoiition to, and eTssioD of,
these laws, most ibamefully excited. And bi
has thU nerarious object been effected 1 By the
grossest misrepreseuiatioos and most paljiable
perrerstons of tbe objects, the causes, and the
policy of this abused measute. By celumnies and
tnissiBIemenis etnanaliDg too ofien apparently
from the seat of ibis Oorernment. I bave now iu
my bands a sample ofone of ibem, which, amoag
a ihonsand others of the same sort, bus acciden-
tally fallrn under my Dotice— [Mr. B. here read

wcitten h'oni WaKbington and dated November
15, 1808 :]

" It ia aaid (and there cui be do doubt of the lact)
ihtl Mr. ATmatrong has written ■ letter in wbjch be
hu Ibil obaerration : ' We b>Te greati; oTcrratad our
nwuH of coercioQ, the enbaigo ia not fell bei% and in
England it ia forgotten. I niib it nai raised.' Nal-
withatandinK this, these itopid politieiani are' delei-
miaed to keep it on until they altogether destroy your
oommeice; aad t believe it would give Ibem not the
leaal uneaatneaa lo see a lighted torch put to jour
■kqiping at the wbarvea ; indeed, I have beard some
(g Ibecn uy aa mach."

Sir, I hope misrepresentations of this sort do
not issue directly from this House, and yet tbe
nntimeot which has jnst been read is too.raucb
in accordance with the representalions which, in
the conrse of the last Spring, ivere given in hand-
bills, circulated in aoertain part of Maisaehuselts,
purporting to be an address made to a public meet-
ing or bis constituents by an bonoranle member
of tbo House, wbu had just come from the seat
of out;deliberalions. We were ibete told of con-
Gdenilal and nndisguised disclosures made to that
genilemaa by members of this House from tbe

Souibera section of it

lUnio

.that, in tbe

ropin

ion, onr national commerce was rather an injury
than • benefit, and that its advantages were not
worth its protection. ' I do not know wbeiber the
geotletnao to whom the propagatiob of such in-
totmation was tbus publicly imputed, is willing
to be responsible for that which was attributed to
him in the publication last alluded to; nor, hare
I beard ibal be has cuutradiclcd it. and tbe dec-
laration has been left to work its effect upon pub-
lic prejudice. Sir, it is by calumnies of ibis sort
that tbe feelings and jealousies of our citizens
have been played upon, and this hostility against
your laws excited. And, after all, these opera-
lions bave been brought into action, gentlemen
come anij tell us th«t the public opinion in Mas-
nchusetls is MttiDg against us, and tbM » repug-

nant are our laws to the feelings and habits of out
peopft, tbal they cannot be executed. Sir, tbe
people of that State and of all New England, are
a people vigilant of their true interests, jealous,
and very properly jealous, of their personal and

against wanton aggression from any quarter.
Goaded as (bey havcTieen by artifices like these,
and operated upon by misrepresentation of the
views of their South^n breibren, and of the ob-
ject end policy of our laws, is it strange that they
have been wrought up to feverish habits, and tbal
of those laws ia evaded, and in some
resisted ? I trust (hat ihe means of
true informatian which we bave lately diffused
among them, will, in a good measure, correct
those misconceptions, and allay (hose prejudices
which have been thus artfully and wickedly
excited. ^

We are next (old by (be gentleman, that you
cannot identify the violator of these laws with
the common, unprincipled smuggler, that those
who break (hem will' not be considered as "tbe
most worthless part of society," and therefore dis-
reputable among their fellow-citizens. And why,
sir, can you not? Because, says he, (he tempta-
tion to violate is so strong thai human naiure
cannot be expected to resist it; that the patriot-
ism of your merchants, though it may induce
them to shed their blood for ibe good of their
country, cannot be expected to lead them to sacri-
fices woich this system calls for. It is, sir, a rule
in morals and elhtcs, that virtue is not virtue un-
til it is put to the lest by the ordeal of temptation ;
so in polities, (hat sort of patriotism which can-
not withstand a pecuniary temptation for tbe good
of our country, is not lo be counted upon. But
can it be that the gentleman has given us a cor-
rect character of tbe sort of patriotism of bis mer-
cantile friends; thai ihey will consent to almost
any sacrifices for (heir country's cause, even to
the spilling of their blood, but touch their prop-
erty and you (ouch them to (he quick, and they
shrink? Sir, I trust be has not done justice to
Ibe character of our merchants, and I canhot suf-
fer his views of them to prejudice them in my
They will, I (rust, if our country calls,
'ofier up not only their bodies and their blood in
her cause, but will even consent to part with a
little of their property, if necessary, I know that
many of them would part with their all rather
than they would brook dishonor.

No man, it is ^aid, now believes that the pro-
fessed objects of laying the embar|ja have been or
— be at all answered by its continuance. The
,. itioD of its continuance not being now befor*
the House. I shall notice- only some observations
illeague as to ils past effects. He says,
that, as a saviour of resources, the loss sustained
by tbe country has already been greater than the
saving. And how does he drawnis comparison?
By resorting to an estimate of our revenues — of
the amount of oor freightage, and tbe value of oui
shipping, taken in a jrear of profound peace, and
at a period of prosperity unexampled, not only in
Uie histoTy of thj* natisn, but of Ibe world. H«

.yGoogIc

HISTORY OF CONGRESS.

568

[. or R.

Fortign Selaliont.

NoTEHBaR, 1808.

then compare* th« ifrgrenie of thme with
tiiDBte of the present probable ■mouot of re
acaruiDcr,aDd theratueoroDrfreishtBgeaiiil (hip-
ping. Bui, is ibis comparisoii a fair onel Will
II be pretended, ihat onder any raeasure wbieb
could have boen adojiled, to meet the UDpreee-
dented slate of tbinss in which, by the violence ol
other naiioDs, we nave been placed during the
Msl year, ihat stale of prosperity which we bad
def ore enjoyed would nftlnTeeiperiencedatireat
Bed B sensible change — ihat the amount of out
Kvennes would not bare luSered a serioai dimi-
naiioD,and ihe freightage and reiuela of our mer-
chaola have sunk to a very disptoportionaie Talue
compared with former times? sir, it cannot be

Ereiended but that lueh, under whatever measures
ad been puraied, must have been the result.
The contrast preaenied to us by ibe gentleman is
therefore utterly fatlacioui. But it may, with
propriety, be considered, that all that portion of
OUT resources, which, by being kept at home, has
not fallen into the hands of our enemies, may be
said to be saved to ourselves, even though Inetr
value in our hands should be greatly diminished,
or even annihilated. It has not been suffered to
increase their resources, and multiply their means
of annoyance against us. This consideration is
certainly not without its weight.

The genlLeman dwelli much upon the unequal
pressure of this measure, atid its unfair operation
upon the different sections of the country. The
inequality is, in my view, by no meanii so great
as he supposes. It affects most classes of ouf coun-
try who have anything to iffeci, and those who
have not, are frequently as loud agalntt it as any
other part. But the same arffoment wonld prob-
ably apply with nearly equal force a^ainat any
other measure which, in any event, might be ne-
cessary to assert our rights and vindicate our com-
merciil ineresls. In the event of war, (which
the gentleman allows must sometimes be resorted
to,) the seaboard and frontier senilements, being
most exposed, must be subject to the greatest dep-
redations, and eiperience the severest pressure.
The great toWDs may be bombarded, their prop-
erty ravaged, and their habitatinns levelled with
the ground. Would our cities therefore say that
we never must have war, even to save the coun-
try 1 These partial and unequal sAcriGces for the
(eneral good always have been, and always must
be, submitted to. It arises from the nature of things-
— IS ineviiablcfrom the situation of the country —
and does not grow out of this or any other partic-
ular course of measures ; and especially ought any
little inequalities to be 9ubmitieilto,when the great
object of the measure is to assert thnt particular
interest in whfch the Inhabiiantsof our cities are
supposed by Ihe gentleman to hav« a paranMuot

We are warned by the gentleman not to appeal
to the spirit of 1776, in aid of the general course
of measures which have been taken in vindication
of our rights. He tells os that the spirit of that
day was one entirely different from that which
governs the policy of these times; that it was a
spirit of aotioa, and not of passive snbmisiian —

not of restrictions upon oarcommereial enterprise,
but of active exerlion.

Mr. QuiKCT here raid that he had not used the
words now imputed in him; he said the word
embargv was not to be found in the proceedings
of that day.

Mr. B&coH. — I will show the gentleman how
much he will fain by his play upon words. [He
then proceeded lo read from the Journals of the
old Congress the fuUowing para^aphs from the
□uD-importatioQ and non-exportaiinn association
of the Colonies, entered into by Congress, and
recommended to the Colonies.]

Mr. QuiHCT asked what was the dale of those
proceed infix 7

Mr. Bacon answered, October 20, 1774.

Mr. burner said, his expression was, that no
such measuie was taken in 1776.

Mr. BAOoif.— The genileman is welcome to hii
hair-breadth escapes and hia repeated explanations.
Iwill soon bring him down to 1775— a period not
very unlike 1776 in its principles and objects ; doc
ia a Qon-ei porta [ion meatiure altogether different
from an embargo.

[Tbefollowiogare the paragraph* referred to:}

"To obtain redress of these sricTqiieea, which thiesl-
cned destniction to the lives,- liberty, and proportj- of
His Majesty's (nbjects in North America, we are ol
opinion that s non-importation, non-Gaanunptioii, and
nan-oiportation agieement, faithfiiUy adhered to, will
prove the most spe«d7, •ffectusl, and poaceable m«as-
nre. And thereibrB ne do, for ourselvea, and the inhab-
itants of the aaveral colonies, whom ws represent, firmly
Mgne and assodata, nader the ncrad tics of viitite,
honor, and lora of our coontiy, as foltowi ;

" 1. That, ftom and aAcr the 1st day of Dae«nb«t
nait, wa will not noport into British America, Irom
Grsst Britain or Inland, any goods, wares, oi morchan-
dise, whslsoiiTcr; or, from any other plaea, any such
goods, wares, oi merchandise, as shall have bsen ex-
ported from Greit Britain oi Ireland. Nor will we, after
Ihat day, import snj East India tea from any part of
the world ; nor any molaHCS. liiupi, paneles, coSee, or
pimento, from the British plantatians or from Domin-
ica; nor wines from Madeira or Ihe Weilam Islands.
noi foreign indigo."

"4. The earnest desire we have not to injure our
ftl low-subjects in Great Britain, Ireland, and the West
Indies, indnces us to suspend s no n-ei ports tion until
thetenlh day of September, 1T7S J at whidi time, if the
said acts and parts of acts of the British Parllameot,
heretnaftei mentioned, aie not repeajed, we will not
directly or indirectly aspoit any merchandiaa or com-
modity whataoaver lo Greal Britain, Iroland, or the
West Indies, except rice lo Europe."

This was in 1774. Again, on the Ist August.
1775, 1 6nd this further resolution:

*' iUtohtd, That, under the prohibition, in the said
association contained, to export to or import from the
islsnds of Oreat Britain and Ireland, this Congress in-
tends to comprise all eipoitstion to or importation from
the islands of Jersey, Guetniey, SkA, Aldemey, and
Han, and every European island settlement within the
British dominions J and that, under the denomination

9, Power, or Piinos, belonging, or by

.yGoogIc

HISTORY OF CONGRESS.

NoTURBS, 1808.

fbreigrt Rtlationi.

irfagDuiia*er goTenied; and tlto the Siunmei iiluidi
Bahomi uluids, Becbicia and Sarialm on the Main,
and em7 isUjid and aettlnaent wllhia Uie lititude of
die fontliera line of Georgia and the eqiulor."

Thus far, sir, did ihe patiioM or '76 commeoce
iheir Ksiatance to foreign subjufjaltoii bT an em-
bareo. and 1 was iodced surprised to Wr af
colleague eodeaToxing in this point of riew to
cODlrast the polic)' of tbat period and the present
one, and now shielding himEelf froni his error
onder a mere pla^ upoa the words by which, at
different periods, the same measure happened to
be caUed. I repeat it, then, thai the spirit of the
Revolution is not iaapily invoked at this crisis,
nor are ih« measures of IBOS dishonored bf a
eompaiison with those of '76. The objects of
thai daj and of this are substantialif the f«me,
and I trast that the sama ulterior measures, and
the same spirit will be found, if necessary, to
carry U" through the strug^gle.

But the g^enueman proteslf against the sogges-
tton of our haTing to pay tribnte under iheBrii-
iih OTders, being hroughi into the debate to iofiu-
nee our prejudices, or alarm our apprebensioas ;
he calls it the mere stalking-horse of party, and
btn that it may be put out of the debate. He
will excuse us if we cannot consent to lay aside
in complaisance to him'^a consideration which
this House and this nation never can and never
oBghi to overlook. He doea not deny that such
it the requirement of ihe British OoTCrnment;
that our exports before iher can go from this
coQDtry to ibe Cominent of Ehrope shall first
eater at a British custom-house, and pay a duty
10 be fixed by thai Government; but, savs be,
there is no dinger that our merchants will ever
pay it, because, by the French decrees, the very
circumstaiice of their coming from England and
paying the doty, subjecla them to confiscation as
MMO a* they snail arrive at s continental port.
But the gentleman well knows that aueh of our
mercbanis as have been allured by an improper
thirst for gain, have long been in the habit of
froing with their cargoes from England to the
CoDiinent, notwithstanding the decrees; contrl-
TtDg by false and forged papers, purporting to be
maSe oat from American cutiom-houies, to con-
ceal the bet of their having actually sailed from
England, This is a thing now of public noto-
riety. There is, 1 am told, more than one in-
alance of the official evidence of it in this city,
and it is proved by British publications of the
higbesi authority to have for some time been a
coarse of borineas extensively ptirtued; and it it
eren said that there are in London offices where
all ibe necessary papers for a vessel sailing from
all the principal ports in the United State* are to
be purchased by the ream. What, then, has the
eommandei of an American vessel, anxious to
make a profitable voyage to the Continent of
Europe, and unable to get there directiv on ac-
count of the British orders, to do. but-wlwl it is
proved loo many of them have been in the habit
of doing for a long time: visit Great Britain,
pay Ihe duty required upon hi* cargo by the acts
of Parliament, parchajehi* forged papers giving

him the appearance of coming directly from an
Aiderican port, and thus commete hia Iraudulent
voyage, Bulj says the gentleman, we can by
our laws prohibit this procedure, and eflectually
punish and prevent those who would olherwisa
be baseenough to attempt it; is this to be believed,
sir 1 He had but a Utile before told us that Ihe
templationi of profit to evade our embargo laws
were so great, chat our merchants could not be
expected lo resist Ihem; that ii was loo much to
require of human nature, and we could Qoi there-
fore execute these laws on out own soil. I'osk
whether the temptations of a profitable voyage
to the ConliDeht — and vastly profitable thev are
whon they can be got through with — will not
render it quite as ditficuli for those upon whom
they operate to resist them, and whether we can
expect to repress this spirit of cupidity in our
citizens three thousand miles oS, more easily
than when they are upon our own shores? Cer-
tainly not. Tnis disgraceful tribute, therefore,
will be paid, and the consideration of it iv a just
and serious subjecl for ouratteotion.

In answer to the inquiry which the gentleman
very properl)' anticipated would be pres-ied upon
him in relation to the course which in his judg-
ment ought originally to have been pursued, in-
stead of the one which he so much reprobates,
he very modestly tells us, tbai it is not forhim, a
solitary individual, to oner his projects for the
Government, though our course, he adds, is a*
clear as the milky way, if we would but see it.
Sir, the honorable gentleman is not generally so
over modest that he dare not even hint his pro-
jects to the House; nor indeed ought he to be.
His talents and inrurmatiou will entitle him to
assume a very difierent'atlitude, and he is gener-
ally not very backward in assuming it. If he or
his friends have in truth some grpnd specific
which would «( once cure all the diieaies of the
nation, surely it is but a duty of patriotism in
them to bring it forward, and let the nation see
it. When they are in the habit of reprobating
every other . measure that can be proposed or
adopted, we have ■ clear right to demand of
them their project; we have a right to ferret
them out of their lurking holes, and in the name
of the nation, to demanda disclosure ; but there
It no danger of their disclosing that which they
have not to disclose. They know full well, that
in the peculiar state of this country and of the
wodd, it is out. of human power to point out any
course which shall at once assert our rights, and

' press upon the popular pulse and the general
rest. It is safest, therefore, to deal in general
ions. The gentleman is willing generally
submit; he would resist— but bow? Why
possibly it may be war. The gentleman con-
demns general abstract forms of legislation, as
the general resort of weakness and fully. I do .
not think so of bis general unspecified profes-
sions in Telaiion to this subject ; on the other
hand ihey are in my view the eVpedieui of art,
of address, and of cunning, for the purpose of
avoiding resootwibilil? ana commiimeDt, and so
must b« received by the nation.

.yGoogIc

671*

HI8T0RT OF CONGRESS.

572

H. OP R.

Foreign Relaiiont.

NofEHBBK, 1808.

In canMasiOQ I will onlj' add.lhat I am re-
joiced that we are liktly at last to unite in one
position ; that tbeedicia which hare been levelled
at us arena uQquestianable violation of the rights,
honor, and indepe::dence of our country, and
that they are not to be aubinitted to. 1 trust ihat
the nation will follow us in this determioaiiaa,
-stid that like them, after having exhausted 'every
other means of conciliation, and tried erery other
alternative, if they ahall continue still to be
driven from one alage of oppression to another,
until having retreated lo the very wall, ibey can
consistently submit to agfrr^ssion no longer ; that
Ihey will tl '■■ ■ ■ *

I, like iheir fathen of 1776, withoui
waiting to estimate the exact amount of their
means, resolve at all events to vindicate their
untjuesiionahle rights, and trust to the sword for
their defence.

Mr. Bacon concluded by saying, that as the
question of ihe future continnance of the em-
bargo had been expressly left open bv ibe com-
mittee, ao he did not wish to be understood as
expressing any opinion on that point. His motive
in rising had been principally to vlndicBle the
report of the select committee from the aiiacks
of his colleague, lo repel his animadversions upon
ils past policy and operation, and to notice some
of the particular allusions to himself.

Mr. Sloan said he should not, in asking the
attention of the Committee to the remarxs to
which he was about to make, attempt to follow
Ihe observations of the gbnllemsn from Massa-
chusetts who had preceded him; and he hoped
that his honest confession that he neither arro-
gated to himself the eloquence or informalioa of
that gentleman, would be an excuse foe his blun-
dering along in that manner of which he was
capable. He first observed, that be had waited
with great anxiety and much impatience to hear
the commeneement of a debate, which, from the
JlDporlaDce of the sobject and tne suSering litua-
tion of his beloved country, he had expected
would have been commenced in ihe first week of
_this ioiporiant session. He had been rejoiced,
therefore, to hear the resolution early brought for-
ward by his worthy friend from Vermoac, but
was sorry thai, at that time, observations had
been made calculated to rouse into action all the
angry paasions which are so injurious to free dis-
cussion. This being his opinion, and havin|;
always entertained the opinion that more advan-
tage was to be ^ined by discussing coolly, than
in retoriine with virulence and pursuing with

EreciMon, ine arguments of ocheri, he should make
at little or no allusion to the observations of
fenilemea who bad preceded-bim. Mr. B. said
e should—

1st. Briefly notice an observation of his friend
front Massachusetts, (Mr. QiriNcr.]

2dly. He should stale his objections to the em-
bargo laws as Ihey now stood.

3dly. He should give his opinioD of the effect
of these laws on foreign nations.

4ihty. He wutitd consider their operation on
oarselves; and

Sthly. and lastly, conclude with a few miscella-
neous observations.

Pirsi, my friend from Massachusetts observed,
that when one cheek had been slapped by Great
Britain we have turned the other. Hearing this
□bservation, I was induced lo look miauiely into
the Message of the Presideat of the United States
to see whether this be true or not; and, having
done so, I beg leave to dissent from his opioion.
The President says:

"Under s continuanci of Iha belligerent measnTes,
which, in defiance oTUtiB which consecrate the right* of
neutrals, ovatspread the ocean with danger, it will rest
with the wisdom of Congress to decide on ^le course
beat ftdapted to nich > alste of thingm; and bringine
with them, as ^e; do, tram ereij part of the Union,
the sentimsnt of our ctuutitaents, my confidence is
strengthened tbst, in fbrming this decision, tbo; will,
with an unerring regard to the essential lighta and in-
terest* of the nation, weigh and compare the painful
aitsinatims out of which ■ choice is to be made."

Now, sir, permit me to say, that this aentenee
does not warrant the construction put upon it;
for I understand the President as having made no
decision, but as having left the subject wholly to
the Representatives.

It has been argued, that there is no alternative
at this time but embargo or wsr. Did I believe
this lo be the fact, I should be of an opinion very
different from that which i now enferlain. But
I do not believe that war will necessarily follow
a removal of ihe embargo. I find, by reference
to the fourth volume of the laws of the United
States, that matters were carried lo such a height
between this country and France ten years ago,
that ihe vessels were permitted to arm for their
What was the consequence of ibis'l
jel In my apprehension 'it did not.
apprehension, because 1 recollect, al
in, the Huuse was divided in opinion

to the meaning of the word '' war ;" for some
said we were al war last session, and others aaid
we were not. In my opinion, therefore, as war
did not follow the arming our merchant vesseii,
neither will it follow the removal of the em-

I will no<^ state my Constitutional objection to
the law. In Ihe Gonstiiuiion I find a power given
to the ConeresB of the United States "to regulate
commerce." This is the only section from which
the power of laving an embargo is derived. Mow
I address myself to the plain understanding of
every member in Ihe House, and ask whether the
power to regulate be « power to annihilate 1 Ex-
pressitig myself in my unlearned way, suppose I
employ a man a number of days to regulate my
orchard, do I authorize him tocut ii downl Cer-
tainly not. There is a power given lo Commis-
sioneis of (his city to regulate the markets; have
Ihey, therefore, a right lo prohibit them ? 1 con-
tend Dot; they are appointed lo keep them in
order, and improve ihem. I would not be under-
stood as saying thai Conaress have not a power
to lay an embargo for a short time ; but I do con-
leDd thai tbey have not power to pass a law witb-
ont limitfttion. I voted for the first embargo law

the las

.y Google

575

HISTORY OF CONGRESS.

NoTBMiu, 180S.

Foreign Jtelaiitmt.

H.c

and for two snpplemeDU. Many memben
bear me wiioess, ihal 1 opposed the third, and
coold I hare voted upoa the whole si that tii
I would rather ha*e voted ininst them tl
hare voted for that auppleraeiirarf lair, wbic
eODsidpred opprEstire and ruiooDs to the ciliz
of the United Stales. I coosidered it as acliag
uaequally. and therefore unjustly ; as much si
IS if Conrress were to pass a law prohibitiog tbi
cilizeDs of the United Slates from the iaterior o
PeDusylvaoia or New York from taking their
produce from their Gcjd or garden to carry it
markel; and if any tnemher in this Honse c
latisfy me that there is any subitaotial difference
between this, and prohibiting persons who had
laid ogt their ail in purchasing coasting TesseU
from carrying prodncc from one port to another,
then I may be convinced that the third supple-
mrnl was proper. I was williog lo apply Can-
stilutioDal power lo prevent onr citizens from ex-
porting to a foreign market; but I woald not
prevent them from carrying produce to any place
they conceived mo*t convenient and ready, when
the eiDba^o should be raised, lo make the moit
of it.

I will now give my opinion of the effect which
this law has had upon foreign nations. Lwill not
dwell ufMiii the causes which produced it, nor the
motivei which induce olhers now to wish a con-
tinuance of it, for 1 believe the Represenlatires
of the people never to have any other object in
view tbaD the public good. I conceive, bowever,
that this measure has been pleating to ihe British
QorernmeDt, for the reason that that Qovernideot
has alnrays been jealous of onr sommercial proi-
periiy. The glorious luminary of Heaven is not
more obvioBs to my view than that measure is
giving them alt that they wish. Methinbs i hear
ibeni fielicitaimg themselves on the arrival of the
blessed time when they should notonly occopy
every sea. but become the eanriers of the whole
world. The embargo I consider as calculaled ta
favor their purpose. Spain is nobly eontendiag
for het rights, and ibis I say, because 1 ihink every
nation under Heaven Is eniiiled to a choice of
its Government ; and the embargo ptebibitsour
favnishing tbem with supplies. It also. prohibits
\he esport to Sl Domingo, and other places
agviitst which we have no cause of complaint,
aod which the Emperor Napoleon is endesvoring
to lubjot^te. Therefore I consideT it perfectly
coBgenial at this time to the will of ihe Emperor
of the French, while England is at the same
time enjoying ihat trade to Sl Domingo and
elsewhere, whiofa would be extremely beneficial

Now a* lo its effeets upon ourselves, I consider
it as acting pcfiially and unequally upon differ-
ent pans of tb« couniry, and ihat it must, in a
short time, if coBtinoed, reduce to distress a large
portioo of the indusirious part of ihe community.
I mean those who have purchased land which
they cannot pay for, those whose dependence and
nsnal occupation is fishing', ihose who are solely
emplayed in the coasting Irade, and the seamen
CTployed ia eonveyiag produce; as much they

will be dil^tressed as if Congress were to pass a
law thai the farmer or planter should farm or
plant no more. In making these observations, 1
conceive that I atn fully justified by sentiments
which I have gathered from a large portion of
citizens, particularly in the city of Philadelphia,
which ranks as one of Ihe first in the Union. I
live near them, and thihk it my duty to inform
ihe House that, for months before I left home, I
was wearied with the cries of thoee Buffeting from
the embargo, and boping that something might
bedonefot them. Oqe woman says, "my hus-
band has been out of amploy so long, the family
is starving; ^the embaiCo has mined us; we can-
not live over the winter.'.' These cries, Mr. S.
said, met bis ears, and he always hoped to be sen*
sible to the sufferings of the weak, and to be able
to plead their cause.

Mr. S. adverted lo the late elections in Penn-
sylvania, which he said were no proof of the ap-
probation by the people of the embargo. He said
ihat whatev,er be might be cooSidered elsewhere,
he was in the cily of Philadelphia considered a
Democratic Republican, and that tbe Republi-
cans theie said to him, if not to others, " we will
support our principles; but we hope somelhing
will be done for us, for we cannot support the
embargo." Mr. S. deprecated the making this a
question of party. Dul he come here to legislate
tor Democratic Republicans only 7 No; aod it
waold hurt his feelings as much lo bear the cries
of ihe wife of a poor suffering Federalist as of
the wife of a Democratic Republican.

Mr. S. concluded with miscellaneous remarks
of some length. He exhorted the Representa-
tives not to lake a partial view; each of Ibem
ought to look widely around him in ihe perform-
ance of hid legislaiive duly; to resemble Him, ac-
cordinziD the poet, »

" Who sees with aqiui eye, ss God of all,
" A hero peiish ot a sparrow fall."

He alluded again to the distress in Philadelphia
ind elsewhere; spoke ofiheeootmous and usurious
nteresihe had otlate known to be paid on money;
slated the evil consequences of permilliog the
dishonest violators of the laws to make fortunes

the expense of honest citizens, and its tendency
10 promote evasion of revenue laws hereafter.
He hinted at the danger of opposition to the laws
from citizens with arms in their bands, and finally
observed that he wished the embargo laws wholly
repealed ; though he might be induced to vote for
any measure wbicb should be thought proper to
supply iheir place.

Mr. Shilie said he just rose to eipresi his feel-
igs at the fatherly regard the gentleman (Mr.
Sloan) had manifested for ihe people of Penn-
sylvania. He had expected, however, that he
would have furnished tne House with an account
of the state of tbe people in bii own district. It
a little strange [hat Ihe cily of Philsdelpbia,
which had two Representatives on Ibe floor,
ihould have chosen the gentleman from New Jer-
ley as the orpan for communicating their com-
plaints to Ihe House, From them there had been
no complaint. Indeed, there had beau no petition

.yGoogIc

576

HISTORY OF CONGRESS.

H. opR.

fhrrign jRelatians.

NOTIMBBS, ISOS.

e rrom the State of PeDUsylvanift
Kspeutjog the embargo. Perhaps the reasoD the
geatlemaa froiti New Jersejr was applied to waa,
Ihe srent weiizhi wbicb U was known he had in
the House. Bat with mpeet to PennaylvaDiEt
the QoTirnment might be «Bsy. He pledged bim-
■elf that ih&t Stale would support Qovemmeni
ioill Constitutiooal

mao Fron) New Jersey.

Mr. Sloan said he would just obaerre that this
tras the Srst time that he hail ever beard that a
member from any particular Slate oould not gire
bis opinion as to any other Stale Id the Union.

Mr. Rhea, ofTeonesEee, said that the report (rf
the comioitiee to whom had been laferied that
part of the Message of the President, which re-
■pecled our foreign relalionn, was now out before
the sovereign people of the United States j sod
while their RepreseoialiTei were delibetatiDg
eoDcerniag it they also were considering and
making their opinions of it.

It is desirable, »id he, that this first resolution
may have the support of every gentleman in this
Home, and that there may be a concurrence on
ibe reasons which will decide the vote of this
Cummittee on this resolution.

This resolution is a proposition deduced from
the facts stated in the report ; the report is a coo-

tfae United Stales and Qreat Britain, and be-
tween the United Buies and France, respecl-
ivelf . It virtually is an appeal on behalf of the
United States, and a declaratioo- or manifest to
all the world. It it not a declaration of inde-
pendeoce; but a declaration is iinplieij in the
nropositioD, that is to sayj the tights, honor, and
indepaodence vf the United States are violated
by the late edicts of Qreat Britain and France,
and the Uoiied Stales cannot submit to the said
edicts. To declare the United States of America
free, soverelga, and independent, does not remain
to be done. On the fourth day of July, in the
year one thousand seven hundred and seventy-
six, the Unilad States of America were declared
free, sovereign, and independent — that declara-
tion was made with the noise of drums, the sound
of trumpets, the thunder of artillery, and the
shouts of thousands of brave men in arms. The
■ound of thai declaration was loud and Etropgj
it passed over and vibrated on the shores of the
Atlantic, bounding the nations of Enropa. The
nations heard the sound, and alt, except one,
(Great Britaio,) bailed with welcome the origin
and rise of this new nation in the West, and said
" let it be perpetual." Great Britain itself, after
a bloody seven years' war, waf compelled to ac-
knowledge, in due form, bf solemn treaty, that
the United States of America were free, sove-
leign, and independent, as they had declared
themselves to be, and that declaration is engraved
on the tablet of eternity, and will never be erased.
The United States, sovereign and independ-
Mit. have certain attributes and properties, and
righls, without which sovereignly cannot exist.
Atnoog ihcM maybe numbered a supreme potret

of legislation, of ordaining and executing their
own Qovernment — a right to pursue then own
happiness — to cultivate their own fields — lo man-
ufacture articles, such as may be deemed proper,
and to navigate* the ocean, in the exercise of
commerce, agreeably to public law and public
reason. '' In the beginning, the ocean was com-
' posed of elementary particles, free and voluble,
' being part of the great donation to the human
' family, and tolling on the shores of islands and
' continents, it presents itself for use. The ocean
' is the right and common property, and the great
• road of all nations who may choose to use it."

The late edicts of Great Britain and France
stated in the report, are the cause of the resolu-
tion DDV under coiisidetation. An object of the
resclutioa is to pledge every citizen, and every
State and Territory of the United Siatea, mu-
tually and reciprocally to each other, in the sup-
port and roainlenance of the rights, honor, and
independence of t bete United States — "for, (in
' tbeldnguage of the report,) IhequeBtionforevery
' citizen now is, whether he will rally round the
' Government of his choice or enlist under foreign
' banners ; whether be will be for his country or
' Rgaiost his country?" An effect of the reaolu-
tion, if agreed lo, will be confidence of the citi-
zens mutually in each other, and they will be,
as tbey are, and ought to be, " a band of brothers."
There is reason to believe (bat various reports,
the ofisprina of diacord, and injurious to the Uni-
ted States, have aeCBsionally,l>y accideat or de-
sign, reached foreign Powers ; the resolution, if
adopted, will have powerful effect in evidencing
the unreasonableDets and inconsistency of ail
such reports.

Mr. R. said by the word edicis, Med in this
resolution, he understood all the Proclamations,
Orders of Council, acts of Parliament, and deci-
sions of Courts of Admiralty of Great Britain,
and alt the decrees and decisions of the tribunala
of France, which violate ibe rights, the honor,
and the independence of the United States. If it
shall be asked, how are the rights of the United
States violated by the edicts? It is antweted—
the report of the oommittee statet bow. Let the
thousands of the seafaring citixeai of the United
Stale* who arc impressed, and separated from
their friends, ramiliea, and country, have been
forced on hoard of British armed vessels, and
therein compelled to fight against natiooa with
whom their country is not at war, speak and an-
swer. Property to the amount of many millions
of dollars faelongitiK to citizens of the United
States engaged in lawful commerce, consistent
with the principles of public reason, has been
captured iMi the ocean, and condemned by Courts
of Admiralty^ in pursuance of the same edicts ;
let that property answer. If it be asked, how ia
the honor of the United Slates violated by ibe
edicts 1 It may be answered, that the Uoiied
Stales, intent lo preserve peace, and lo continue
in possession of those blessings which constitute
national hapMuesa, beretofore have not appealed
to the sworo, but endeavored by friendly ne^
tiation to obtain redrew for injuries and vin-

.yGooglc

HISTORY OF CONGRESS.

Nonxua, 1808.

F\»reign RdatianM.

H. or R.

leoccs committed od iheio, in coDWqoencs of the
Mm« edicts ; and from Ihe sftme peaceable coo
duel, eaase may be assumed to suppose that thi
Uaiifd States will not du nbRt is in ibeir power
to do to obtaia salisfBciion for ipjuries reeeired,
ud 10 prevfot in future the operatioa of ibe
edicts.

If it be aa\ei, how ia the toreieignt'i of the
Dnited States riolaled by the edicts'? It is «□-
■wered, by the CoQslilulioa of the United Slates
the Congress have power to establish an uniform
lule of DSturalizatioD ; that several perinoa, emi-
grants from the British daminion.i, have, since
the Treaty of Peace with Great Britain, atiifed
in the United 8tetei,and io pursusnce of laws
of oatoralizatioa eaacied by Congress have be-
come citizens of the United States ; notwith-
(laDdine which, by a late proclamation of the
King of the United Ciagdoms of Great Britain
and Ireland, all such emigrants are required lo
leinro lo the dominions of the said King ; which
reqnisition, so far as it can, goes to make void
and of no effect the naturalization and citizen-
thip of the same jiersona, and to cootrarene and
repeal the laws in virtue whereof cher became
citizens, and to supersede nnd orsrtnrow the
Condiiuiion, and Gorernmenl, and aoTereignty
of the United Stales.

If tbe edicts of Great Britain and France are
SDbmitled to, what rights of the United States
will be ■acrificedl The neutral rights of the
United States will be destroyed, and the right of
iMtigBting on Ihe ocean, consistent with the
ral«ii of public reason, will be annihilated, and
their commerce will be sabserrient to the rules,
regulations, and laws of foreign Powers.

The United States, by tbe ever lo he remetn-
bered Declaration of Independence, took high
ground scnong the nations. of Ihe earth. Tbe
gireat men who, on behalf of this nation, signed
tb«ir names to that declaration — ibeir successors
and followers, and citizens of every rank, who
carried on tbe mighty work of Revolution, and
in any maoner assisted therein, persevered against
all opposition, and Bnally succeeded in the estab-
lishnient of this nation on the high ground which
bad been taken and manifested Ii> all Ihe world,
in the same Declaration of Independence. A
■abmiasiDn to the edicts will be descending from
tbe high stand taken by the Declaration of In-
dependence, and a sacriSce of ihe honor of tbe
United Slates. Mr. R. said, let the memhers of
this House read Ihe Declaration of Independ-
ence— let them read the last paragraph or that
declaration— let every citizen of tbe United
Stales read it — and then let every one lay his
hand on his breast and ask himself, am I pre-
pared to depart and descend fiom the state and
liiiMtion which the great and good men who
eSKied the Revolution placed me on 1 If there
be aoy one who will openly say and avow, that
he is willing and prepared to descend from that
uate of national honor, let him say so — let him
speak ant, that be may he known.

If the edict* are submitted to, how or in what
manner will ihe independence of the United
lOthCoH. SdSBH.— 19

States be sacrificed ? Wherever supreme legis-
lative power is, (here dwells sovereignly. What-
ever nation has power 'to impose laws on another,
is sovereign to that other. If the edicts are submit-
ted to by the United States, the United Stales
will be bound by ihe ProcUmaiions, Orders of
Council, act* of Parliament, decrees and deci-
sions of Courts of Admiralty of foreign Powers,
in making, enacting, and ordaining, whereof
Ibey, the United States, bad no voice. Where
this state of national existence begins, national
sovereignty ends, and a species of colonial or
lerriioirial, or tributary existence commences.

This proposition, said Mr. R., is a resolution
properly, that is a determination; and. when
agreed to, will be an expression of the will of this
nation — a firm, immoveable, irrevocable determi-
nation not to submit to the late edicts of Great
Britain and France.

Mr. R. said he had do design to offer any
amendneDI to the Grit resolution reported by the
committee, bui for argument or illusiraiion would
suppose B motion made to amend it, by striking
out the syllable "not," in the word "cannot," in
the first line of Ihe resolution, so that it might
then read— " Resolved, That the United States
can, without a sacrifice of their rights, honor, and
independence, suhmit to tbe late edicts of Great
Britain and France." And suppose that amend-
ment was agreed lo, and this resolntioo so amend-
ed, should, together with the report, go out to the
sovereign people of this nation for their inspec-
tion and approbation ; what would they think?
What would they say 1 What would they do 7
What would they not do t What would they not
inflict on us, their Representatives, for agreeiDir
on their behalf to sneh a dishonorable resolution!
They would, and justly too, hurl vengeance on
our devoted heads for sacrificing their rights,
their honor, and Ibeir independence. Let us be-
ware; tbe never-sleeping eye of the mighty spirit
of this injured nation is watching and observing
us, is marking and noting down all our conduct.
This £rit resolution, Mr. R. said, is a complete
text — every word of it ia expressive — it is ex-
pressive of all the injuries, outrages, and oppres-
sions, that these United States bare, for many
years past; endured from unjust and overbearing
force and power. To add to or subtract from
thi« resolution would dtstrby It ; and every pro-
posed amendment must have that object in whole
or in part in view.

Mr. R. said he had not been able lo please
himself in doing justice to the merits of tbe reso-
lution ; ihai he bad staled only some of its great
outlines, and must submit a further elueidatioD
of it to any gentleman better prepared who may
think proper to do it. He said he considered
theresolutionnnder coDsideraiion all important —
at this particular time more peculiarly to — and
that it would have his support.

Mr. R. said he did not wish to make a text of
any ohservatioD of any gentleman; but as the
word tribute had been mentioned, and some gen-
tleman had said that that word ought to be dis-
carded and dismissed from the debate, it was not

.yGoogIc

679

HISTORY OF CONGRESS.

580

H.OPR.

fhreign Relatmu,

NoTIMBBB, 1

fail iDcIinatioD to ilUmiss or diacird ihac word.
He thought the term appropriate — that the word
tribute wai nearly syuoDyrooua with the word
tax or toll— that ifa roan a authorized by law to
fix a turnpike on a highway or great road, and
to collect from trarelleri a cerlaia sum of moaey.
that ia called lax or loll. If a man is poaseaaed
of force and power lufficieDl lo enable bits arbi-
trarilv or deipolically lo eilabliah ■ turnpike gate
on a highwaf, aod to compel e* ery paaaenger lo
pay to him a aum of moaev, say one dollar, for
liberty to travel OD the roaa (o past through the
gale, that dollar io that caae may property be
called tribute.

Mr. R. aaid, he conteaded that the ocean vas
a highway of nationa, and if any one naiion, for
intlanee Great Britain, waa posaeaaed of maritime
power and force sufficient to compel any other
uatioQ engaged in commerce to land its produce
and pay tax or duly for it, to have liberty to con-
vey it oQ the ocean to any third nation, that tax
or duty may be properly denominated tribute;
became the nation paying it ii by superior force
and power compelled to pay it to that nation
who, by force, has arbitrarily and deapolically,
and contrary to public reasao, erected an imagi-
nary turnpike on the ocean to the complete de-
aiructioQ of all neutral commerce, and to eflect
and establish a perfect system of universal com-
mercial monopoly. Mr. R. aaid he admitted that
the maritime power of Great Britain waa supe-
rior, that it extended over the ocean from the
rising to the netting sun, and from the frozen
ocean in the South to the frozen ocean in the
North; but that notwithstanding this, he never
would agree that the Uaited StBtes shall submit
to the edicts of Great Britain. He said he also
admitted that the power of France on the Con-
tinent of Europe was superior; notwithaianding
that, he would never agree that the United
States shall submit to the edicts of France. He
aaid it was his opinion, and he firmly believed,
that the sovereignty and independence of the
United Stalea were placed on a firm and im-
moveable foundation.and could not be overturned,
and that they would be risiof; in virtue, honorj
in greatnew, in power, and in national happi-
ness aad felicity, when Fome of the nations who
DOW oppress them would be sinking into corrup-
tion, mouldering into ruin, and blotted om, ex-
cept in remembrance. Nations, in respect to ex-
istence, be said, are as trees in the foreat; the
loftiest, proudest oak, that has stood firm against
the storms of ages, originating from an acorn,
vegetating to greatness, and lifting its high head
to the heavens, at length attains its utmost — de-
cay h^ins, corruption progresses.it tumbles down
from its height, and lays prosirete on parent
earth, there it dissolves and returns to its pristine
indiicrimlnate condition.

When Mr. R. had concluded,

Mr. Cook moved that the Committee rise and
report progress — negatived, 55 to 50.

Mr. Randolph begged leave to renew the mo-
lion that the Committee now rise, report progress,
and ask lean to sit agaiix He did this from a

knowledge that some geoilemen had already left
the House from indisposition, and other* would
soon follow tlieii example, unless the Committee
would indulge tbem by rising.

The motion whs carried, ayes 71, and the HoUis
immediately adjourned.

WaoKEaDAT, Novembflt 30,

On motion of Mr. Holues,

Oi'dered, That theMessageof the President of
the Uaited Slates, of the sixth of February, one
thousand eight hundred and seven, and a report
of the Secretary of State of the fourteenth of De-
cember last, relalive to a claim of the legal rep-
resentatives of the late Caron de Beaumarchaii,
with the document* accompanying the same, be
referred to the Committee of Ciaims.j

Mr. D. R. WiLLiAHS, af^er a few prefatory ob-
ici'vations, oflVred the following resolutions, the
first of which was referred to the Committee of
Commerce and Manufactures, but not acted od,
last session:

" Kaolvtd, That the Committes of Commerce and
Manufacturei be iostruclcd lo inquire into the eipsdi-
encj or prohibiting the en irj of any vessel into the Uni-
ted Stste* from any port or place, to which a veiuel of
the United States is not admitted by pcmsaent rego-
Utioni of the GoTemmont onoing each port or place,
or by treaty.

" Retolvid, That the Committea of Commftree and
Moaafacturei be inetroeted to loqnirs inte ttie expedi-
ency of prohibiting the masten, commondera, and owa-
ers of veucli of the United States fromraceiving Biil*
iih licenses, and nf enforcing the retntn of all tii*mIi
of the United Sutes now without the Mune."

These resolutions '

posil

e agreed to without op-

To f Ac Houte of Sepraentativa of the Untttd l^ata :
According to the requeat of the House oTRepreMn-

tatlvea, sipreaeed in their reaolation of the twenly-fiflli

instant, I now ]*y before them a copy of my Pn>ela>

mation of the nineteenth of April last.

Nov. 30, 18U8. TH. JEFFEKaON.

By Iht Praident of the Uniled Statu.

A PROCLAMATION.

Whareaa iolbrmation has hem raoeivad that aandiy
penon* aro combiaed or combining and eoofiMleraling
together on Lake Cbamplatn, end in the country thereto

adjacent, foi the purpaieafforminginiuirectiona ■gainst
the authority of the laws of the Uaited States, for op-
peeing the same and obstructing their execution, and
that iui^ combinatioDS are loo powerful to be suppressed
by the ordinary course of judicial proceedings, or bj the
powerTcstcd in the Marshals by the lawaaf the United
Ststei.-

Now, therefore, to the end that the anlhori^ of ttte
laws may bo maintained, and that thoee concerned di>
reetty or indirectly in any inauneclion or combination
against the lome may be dulj named, I have issued
this my Proclemetian, hereby commanding aueh inanr-
gents, and all concerned in such combinations, inatanllT
■nd without delay to dispen* and retire peaceably M
their re^tective abodes. And I do hereby Aivther re<
^oire and command all officen having aothaiity, oivil

.yGoogIc

HISTORY OF CONaRBSS.

IfOTEHBEB, 1808.

Foreign Relatiom.

H.OPB.

OTBiiltttry, and ill odier peyMDi, dTiI and niUitBij, who
itwUbt found within thevicinagB of inch inaniTtctioni
ar cambinatioDB, to b« aidiD; and uditing, bj all the
EtEUM in Iheii power, bj force of aima or other-
win, lo qoeU and subdns inch inaarrectioni oi combi-
iidoius to asiie npon all IhoM tberoin coDi^emed, who
tttH not insUDtl; and wilhont dalaj diapene and retiia
la their Teapectim abodea, and to dsliTor them OTer to
ihe ciTil audoiitf o{ the place, to be proceeded against
Kcatding to law.

In teatimoar wfa«reof, I hava canted the aetl of the
Ctuted States lo be affixed to tbeaa praaantE, and aigned
le with mj hand.

the United Slates the thirty-ieeoad.

Bj tba Preiident: T. JEFFERSON.

Jahb* HiaiaoB, Seeretaty af State.

The said Mtisage and Proclataation were read,
aod orderetl to lie on the table.

POREION RELATIONS.

The House again reHoked itself into a Com-
miliee of the Whole on the report of t^e Coni-
miitee of Foreign Relalioos; iLe Srst resoluiion
Tfported by [he commitiee still under coasidera-

" Raohed, That the United Statea cannot, without
a aaerifice of their rights, honor, and independence,
rabmit to the late edicta irf Great Britain end France."
Mr. JoHKBON said, that in discuisingr this sub-
ject he should consider the whole subject of for-
eign relalioiis before the Comniiltee. The first
rcdolulioD be considered of primary importance,
as coDtaining a. solemn declaration that ibe edicts
of the two mighty beltigerents of Europe were
riolaCtoDs of our honor, our indepeadence, and
oor EOTcreignty. Ao Dnaniraous expressioa of
this sentiment, said be. would give us confideoce
ID eacli other ; ii will be a sacred pledge of all
parties to retist these degrading eneroachmenls ;
difference of opinion would ibeo be manifested
bat as the means of saving this nation from the
impending calamity. The whole nation wonid
ODderstand this declaration, ibai he who is not
far as is against us — no neutrals. There can be
DO middle ground. The line should be drawn,
that the friends and etreraies of this country
sbonid be known ; that the persecuted foreigner
■wiio left bis natire home to escape the iron yoke
of despotism, may be distinguished from foreign
ageau and emissaries settled among as for the
purposes of disaSectionj and thatAmerican news-
papers differing only as to the means of DBtional
■eeurity may be known from the sedi
lings of foreign gold, whose daily at
Ibe abase of our Gorernment, and the justifica-
tion of foreign aggression.

To prove the great deaign of "the French Em-
peror, we refer lo the execution of the Berlin de-
cree— nnfrtendly rexations of onr trade in the
Mediterranean and the English channel ; the de-
struction of our merchant vessels upon the high
seas by fire; the Milan and Bayonnc decrees,
aoder which our vessels hare been detained and
their cargoes confiscated.
To prove the deliberate hostility of the British

Cabioet towards the United States, we refer to a
catalogue of outrages of still deeper dye, and aa
to the quantum, of tenfold magnitude — a hostility
coeval with the birth of this nation. Without
magnanimity in prosperity, unadmonished by ad-

In the years
1791, '92. '93, '94, when she had to battle Ihe
combined Powers of Europe against France,
haaghty and imperious, our country fell a sacri-
fice to the cupidity of her cruisers, and our sea-
men were dragged into slavery upon British ships
of war. And since the scene has been changed,
and Napoleao leads the same Continental Con-
federacy against England, her conduct has been
the same — our seamen still impressed, and oar
commerce put under tribute.

T am more than astoaished to see this House
therefore inundated by every mail with publica-
tions from tbe East, declaring that we nave no
cause of complaint against (Sreat Britain ; that
we should rescind the proclamation of interdict
against British armed vessels; that we should
repeal the noo-impartalion law; that the embargo
should be taken off as lo Great Britain ; that we
should go to war with France; that punctilio
prevpntB a scillemeni of our differences with
Qreet Britain; inviting tbe people to violate and
disregard the embargo, to put the laws and the
Constitution at defiance, and rise in rebellion.

this matter, and to prove to every honest Ameri-
can, wh;itwc all believe in this place, that the
object of one Power is to destroy our neutrality

nd involve us in the convulsing wars of Europe;

nd the object of the other, a monopoly of our
commerce, and the destruction of our freedom
and independence. L«t evidence as conclusive
holy writ put the enemies of this insulted
inlry to shame. We are informed by our Min-
•r in London, (Mr. Monroe,) in a eommuni-
ion dated August, 1807, that a war partv of
powerful combination and influence ezisteu in
3real Britain, who wanted to extend their rav-
ig;s to this country; that we could not make
:alculatians upon the justice of Great Britain;
that in her many astumptions of power and prin-
ciple she would yield but from the absolote ne-
ity. Who is this war parly T The British
navy, to whom we have opened our ports, and
ezieoded all the hospitalities of a generous na-
tion; while in the enjoyment of which that very
navy waged war against our unoffending citi-
zens. The ship owners, the Fasland West Indis
merchants, and what cause have they for war?
The enterprising citizens of the United States
have been their rivals and superiors in a lawful
and profitable commerce; and, lastly, political
characters of high consideration. These com-
pose this war party. In January, 1804, in an
oEGcial communication of Mr. Madison, Mr.
Monroe is charged with tbe, suppression of ia>-
pressment as his primary object; 2d, the defini-
tion of blockade ; 3d, the reduction of the list of
contraband ; 4tb, the enlargement of our trade
with hostile colonies. The negotiation opeu

.yGoogIc

583

HISTORY OF CONGRESS.

H. ofR.

N<

and what iidooe? With industry aad ezFrtioo
our Minister was' unable to biiog (he Britisb
Cabioet to any amicable arrangemeDt. Lord*
Hawkesbury, Harroirby, Mutgrave.and Mr. Fox,
ncceFJed eicb otber. and every attempt to nego-
tiate wa« in vain. Bnch of them brings expres-
•ion» of good will and good diBposiiion towards
the United Siates, and a wisb for amicable ar-
rangemEDt. But these professtaQ* and diKposi-
lions erapniale in inriialiona lo tbe country and
the city — in promises and procrastinations. To-
day we are amused with a convertalion at the
foreign office, which animaiea with a lively
hope — lo-mortow hope Ie swallowed up in des-
pair— and the third day announces some new in-
jury. AfTuirs on [lie Continent now call the at-
tention of the British Ministry, aod witb every
disposition of good will there must be a pause.
In this amicable pause business required tbatour
Minister should do lo Old Spain; but upon bis
return [o England, what astonishment seized his
mind at the sad spectacle thi- cbani;ing scenes
presented. Under the old rule of '56, and other
interpolations upon public law, our merchant
vessels are swept from the bosom of the ocean
without notice, by British cruisers, and carried
into British ports for condemnation. But why
this changel A coaliiion had been formed in the
North against France. British gold effected it.
Russia and Austria had combined againstFrancc,
and here the hopes of England rested.

But we all know her hopes were blasted. This
is [be reason why tbe blow was aimed, and yi

The

so/ol

Minister could not keep pace witb new aggres-
•ions. This temporizing poliey of England, and
tbe destruction of our commerce, buried party
apirit in America for the moment, and produced
on indignant protest against her conduct from
the great commercial ciiies in tbe Union, in
which iheir live? and their properly were pledj^ed
to support tbe Government in measures of just
retaliation. And on ihJs occasion the merchants
of Boston requested the President to send a spe-
cial Envoy to England, to give a greater solem-
nity to our claims of indemnity and future secu-
rity. The cause of tbe merchants became a com-
mon cause, and the nun-importation law was
enacted, and Mr. Pinkney sent as a special Min-
uter, agreeably to rrquesl. Let the commercisl
interest cease to complain. It is fnr them princi-
pally that we now suffer. These deeply-inflicted
wounds upon tbe commerce of America, engulph-
ed for a moment tbe consideration of tbe primary
abject of Mr. Monroe's misbion — the impressment
of seamen — and It would seem, that when our
Minister pressed one great subject of complaint,
•ome greater outraae was committed lo draw our
attention from [beTormer injury. Thus the un-
araiting exertions of our Minister for upwards of
two yenrs at the Court of St. James, eventuated
in an extraordinary mission, and ibe non-impor-
tation law; a measure of retaliation, and which
rendered us less dejiendent upon a foreign Gov-
ernment for such articles as can be manufactuj-ed
M home. To bring further evidence of British

hostility, let us attend a little to the Administra-
tion of Mr. Fox. He came into office about the
1st of February. On tbe 3lst of May, informa-
tion was received in London of the extra mission
of Mr. Pinkney. Mr. Monroe, therefore, bad an
opportunity of about four months with Mr. Fox
to settle OUT differences, without any interruption,
not even the ideal one which has been suggested,
as giving a temporary atay to- the negotiation,
vizMhe waiting the arrival of Mr. Pinkney. The
United States had a right lo expect something
like justice from this able Minister, because he

ained i

the

friendship of this nation by acts of ju:
in this just expectation we were disappointed.
The hostility of other members of the Cabinet
with whom ne was associated, was the real cause
of difficulty, joined perhaps with hii sudden in-
disposition and deatli. Mr. Fox acknowledged
our right to the colonial trade; he promised to
atop the capture and condemnation of our mer-
chant vessels; but when pressed to answer our
complaints in writing, he promised, but broke (bat
promise,', aod ultimately refused to give any or-
ders with respect to the capture and condemna-
tion of our vessels. Thus the golden apple was
S resented lo our grasp, and then snatched forever
rom our sight.

Now let the Committee attend to the chapter
of negotiation, which produced the rejected treaty.
Firstj the subject of olockade is proposed, and a
de&nilioo demanded. We denied the doctrine of
paper hreastwork!',spuriaus and illegitimate block-
ades, to be execute^ in every sea oy the Biilisb
Navy, of which our neutral rights were the vic-
tims. Such as the blockade of the coast of Eu-
rope from Ibe Elbe to Brest, of the Elbe, the Wei-
ser and Ems. The whole coast of Old Spain, o(
the Dardanelles, and Smyrna, and of Curra^oa.
Upon Ibis sui.ject, Great Britain would yield
nothing.

2. No duly can be laid upon American exports,
but Great Britain imposes a duly of four per
cent. upon her exports lo iheUoited States, under
tbe name of a coDVoy duty; by which duty the
Citizens of ibe United States pay to Great Britain
an annual amount of $1,300,000; hut upon ibis
tinfriendly discrimination she will yield nothing.

3. Upon the .search of merchant vessels she
would yield nothing.

4. Upon the colonial trade she imposed new
restrictions. She would yield nothing; a trade
which produced the United States revenue to tbe
amount of $1,300,000 per annum ; and furnished
exports from the United Slates of $50,000,000
annually.

5. Upon the West India trade she would yield
nothing, and upon the East India trade she im-
posed new resiriciions.

6. Upon the impressment of seamen, tb^ subject
was too delicate; she was fighting for her exist-
ence; she would yield nothing.

7. Upon tbe muiuai navigation of the St. Law-
rence, so important to the Northern Slates, they
would yield nothing; but would demand a mo*
nopoly of the fur trade, and influence over the

.yGoogIc

585

HISTORY OF CONGRESS.

No'

fbreign Relation!.

H. OP R.

Thus ended the

ladians witbio oar on
chapter of Degntiaiion

I (ura with indignti
cies of injury, iorolTiDit the ereati connected
with and prcccdiug ihe President's piocUmalior
iaterdicliag' the armeil vessels of Ureal Brilaii
from our waters. I allude to the conduct of ihi
officers of the British nary, and the evident con
nirance of the Bricish GoTeinment. I will only
mention three prominent cases.

1st. The Camhrian^ and other British cruisers,
commanded bv Captain Bradley, who entered the
port of New York, and in defiance of ihe Qot-
ernmeot arresied a merchant vessel, and impressed
into the ships of war a number of seamen and
passengers, refused to surrender Ihcm upon de-
mand, and resisted the officers, served with regU'
lar process of law. fur the purpose of arresting the

2d. The case of the Leaader, Cnpiaiu Whithy,
Tvith other British armed vessels, hovering about
Ne^v York, vexing the trade of that port, arrest-
ing a coasting: ves^^el of the United Slates by firing
a cannon, which entered the vessel and killed
John Pierce. The murder of Pierce, a fact so
notorions, could Dot be proved in a sham (rial in
England, though the mast uneicept ion able char-
aclers are sent as witnesses from the United
States; and not even an eiptanaiion is made to
satisfy this eountry for ibe murder of a citizen.
Call upon (he citizens of New York, who saw
the body of iheir slaughtered countryman; ask
the mourning relatives of the murdered Pierce,
whether he was slain or not ! But from (his tragic
scene tve must turn to one of a deeper hue.

The attack upon the Chesapeake. This vessel
had just left the shores of Virginia, leaving the
British ship of war, the Leopard, enjoying the
hospilaliliea of our laws. The Chesapeake was
bound to the Mediterranean in defence of our
lights. One hundred aod seventy American (ars
were on board, who bad undertaken this honora-
ble enierpri'-e. Unsuspiciousof harm, while their
rough cheeks were bedewed with tear.^ in parting
from iheit friends and country, their powder-
horns empty, rods mislaid, wads too large, guns
ttot primed — all was confusion. In this unhappy
moment the messenger of death comes. The
unfortunate Barron refuses to permit his men to
be mustered by any but an American officer. His
Govemtnenl had given the command. This is
the provocation. The vessel is attacked, and,
without resistance, eight are wounded, three are
killed, and four taken and carried into British
service, one of whom has been hung as a male-
factor in Nova Scotia, li has been said, that the
Goddess of Liberty was born of the ocean. At
this solemn crisis, when the blood of these Amer-
ican seamen mingled with the waves, then this
sea nymph arose indignant from the angry bil-
lows, and, like a redeeming spirit, kindled in every
bosom indignation and reseolmenl. A nation of
patriots have expressed their resentment, and the
sound has reached ihe utmost boands of the habi-
table world. Let a reasoning world judge whe-
ther Ihe President's proclamation was too sltong

for this state of things, and whether it should be
rescinded without atonement.

Do the wrongs of this nation end with this
outrage? No. Clouds thicken upon us; oar
wrongs are still increased ; during the sensibility
of tbis nation, and without atonement for (he at-
tack upon the Chesapeake, on the 16lh October,
1807, a proclamation issues from the Briti!,h Cab-
inet respecting bea-faring persons, enlarging the
principles of former encroachments upon the
practice of impressment. This proclamalioa
makes it the indispensable duty of her naval offi-
cers to enter (he unarmed merchant vessels of
(he United States, and impress as many of the
crew as a petty and interested naval officer may
without trial point out as British subjects. The
pretension is not coefined to the search after de-
serters, but eilendeU to masters, canienters, and
oaiortilized citizens of the United States— thus
extending their municipal laws to our merchant
vessels and this country, and denying ui (he right
of making laws upon the subject of naturalization.
The partners of British and Scotch merchants
can cover their property and their merchandise
from other nations under the neutral flag of the
United S(a[es (o Leghorn, Amsterdam, Hamburg,
dte. But (be patriotic Irishman or Englishman
who has sought this protecting asylum of liberty,
are not secured by our flag from the ruthless fangs
of a British press gong. Aod at (his very mo-
ment our native citizens and adopted brethren, to
a considerable number, are doomed to the most
intolerable tbraldom in the British navy by this
degrading praeiice. There the freedom of our
citizens depends upon the mercy of naval officers
of Great Britain ; and, upon this subject, every
proposition for arrangement is trampled down by
these unjust pretensions. Information was just
received of the execution of (he Berlin Decree,
when (he papers from every quarter annouueed
the existence of the British Orders in Council,
making a sweeping dash at out rightful com-
merce. Something must be done. The event*
which have been retrace^), all pressed upon us.
The treatment of our Minister, and his unavail-
ing exertions; iheresuhof the negotiation which
gave birih to the rejected treaty ; the memorials
of the metchaats ; the outrageous conduct of the
British naval officers upon our seabnard ; the con-
nivance at their conduct by the British Govern-
ment; (he proclamation of October 16, 1807; the
execution of the Berlin Decree, and the Orders in
ncil. These considerations required the arm
of Government, and at this inauspicious period,
when the clouds which had so long threatened
and darkened our political horizon gathered to a
thick and horrible tempest, which now seemed
about to burs( upon our devoted nation, the em-
bargo snatched our properly from (he storm, and
deprived the thunderbolt of its real calamities.
The effects of (his measure at home and abroad,
notwithstanding its inconveniences, will best at-
test the wisdom of (be measure, which will be
increased in its efficacy by a total non importa-
tion laiv. As a measure of coercion upon other
nations, I not only bare (he strongest hopes, but

.yGoogIc

687

HISTORY OF CONGEESS.

rR.

Foreign Selalioru.

November, 1806.

alio a raiioDal confideDce id ii, lounded upon t^e
most coDcIusjve evidence. The misreprrwnift-
tions ID thiiiRounlif,lhevtalatioaii of (he embargo,
and the hope of chaneing ibe.pariiei in the Uni-
ted Stale*, or of producing s KparatioD of the
Slates; tbeae miscalculalioni hare deitroyed en-
lireljr the efficacy of tbi* raeatuie, and been a
main eauie why Qreat Britain has not relaxed in
liet injustice towards America. And if we can
ligidly enforce tbia ivstem, niy cooBdeDce is un-
dimiaiabed. my faitb siroDg, that the United
States will have reasonabie terms offered to them.
Tel the violatora of your lawi bare been the {treat

cause why the present state of things bai
protraeled. They are as infamous as tht
Doys in the Revolution, who imbodied ibemselvet

0 feed our enemies with the only cow of a weep-
iog widow, or a poor soldier who was fizbting
for hia country. The coiproerce of the Uoiied
States with the West Indies, the Conlinenl of
Europe, and Great Britain, will present (o tbi
Committee the evidence upon which this faith is
bottomed. The United States have furnished ibi
West Indies with the essentials of existence, am
also have afforded a market for the colonial pro-
duce of those islands. In fact, they cannot live
without provisions from the United States it
present ttate of the world. These islands have
been reduced to wretchedness and want already,
notwithstanding the violations of the embargo,
and flour, we learn, has been as high as 20, 30, 40,
50, and t60 per barrel. The vast imponaDce ol
theae possessions alone^ to the mother country,
might have been suScieDt to have produced a
aeitlement of our differences, if other considera-
tions bad not pieveoted. Attend to the trade with
England and the Continent previous to the Or-
ders in Council. The annnal eiporti of British
manufactures to ibe United States amount to

eeives to the amount of four million pounds sterl-
ine in tobacco, cotton, wheat, and the sobitantial!
of^life. The eight millions which remain due
must be paid in money or bills. To raise tbit
money, ine American merchants carry to I
Continent of Europe produce of the United Stai
to the amount of this eight miliions, which
sold, and the amount remitted to the mercbanta
in London to pay the debts of our merchants.
This trade is now destroyed by the Ordi

Council, and not the embargo— for (his very n
aure has saved our vessels from capture, our mer-
chandise from condemnaiion, and our seamen
from impressment.

Adroit for one moment that our embargo was
raised to-morrow, and the merchants were per-
mitted to carry on their commerce, keeping oat
of view the disgrace ofsubmitiing to British and
French edicts, and what would be the result? If
the merchants directed their course to any other
ports than those of the British dominions nod
luntiies in alliance and friendship with her, then

your properly must only float upon the ocean

materials fur British plunder. If they were id

direct their course to the pons of the British do-

minions, ihey would be subject to capture by the
" ench privateers. But admit that our ve&sels
uld escape these privateers, what price would
r merchants get for their produce in British
warehouses, when ihe British doiiiiniona would
□OFUme fifteen millions of oui exports, which
amounted altogether, foreign and domestic,
e hundred and eight millions'! In this state
of things our merchants would see their merchan-
dise rotting in the British warehouses, with ex-
penses of carriage upon it, wiihout a possibility of
relieving it from that situation. The Orders in
Council, and not the embarEO, have destroyed ihe
commerce of the world. The commerce of the
United States is of inSnite importance to Great
Briiain. The'whole manufacturing interest, the
mechanic, the laboring poor, are deeply injured
by its suspension. We shall no longer furnish a
market for her manufacturers, nor furnish her the
raw material and other exports important to her.
Mr. J. then adverted loasialemenioflhe extiotis
from Qreal Britain to all the world, which had
the stamp of authority upon it, amounting to thir-
ty-seven million pounds sierliogj and after de-
ducting the exports to places from which Great
Britain is now entirely excluded, includine Amer-
ica, her exports would amount only to about six
millions pounds sterling. Could a nation coun-
tenance a system like this when her very exist-
ence depended upon commerce 1 She might brave
the storm for a season, and the immense capiial
thrown into the island of Great Britain for want
of commerce, might enable the Cabinel to faclli'
tale their loans; but a change must take place if
thin nation would persevere.. Attend to Londoa
and Liverpool merchants, and Mr. Brotigham, in
the House of Commons, against (he Orders in
Council, and (his statement will be confirmed.
It was proved that, before (be Orders in Council,
the usual activity ia trade existed. The mer-
chants received the same remittances; the pre-
mium on insurance was the same. But when
the Orders in Council were issued, the premiums
on insurances amounted to a prohibition of trade.
Merchants who had received remittances to the
amount of £100,000 monthly, received noihing.
Men of business reduced their hands from the
number of fifty to twelve, anil others reduced the
wages which they paid for labor, from X200 per
week 10 £50. Orders were protested, and the
Orders in Council assigned as'the special reason.
Noiwithstandiog these facts, the ciy ia, lake oB
the embargo. AH the evils which afflict this na-
tion are ascribed to the embargo, when in fact it
protects our commerce from plunder.

Turn your atteation,sir, to the interior of Great
Britain. Theembargo has produced other effects.
The weavers and tailors assembled by hundreds
and by thousands, in a peaceable way, to remon-
strate against the Orders in Council; but they wete
welcomed home to see their families starve by the
sound of ihe cannon, and some of them killed-
And when these effects are seen, Mr. Canning lells
us that he would gladly remove the embargo, ai
a measure of incoovenieni restriction upon the
American citizens, if it could be done without a

.yGoogIc

HISTORY OF CONGRESS.

Foreign Relatiom.

H. o

grEit sBCTiG'ie, or withoat leeaiiD^ to interfere id
measuies of oar internal Tegolalion. Tbe prD-
dence of His Majeslf is rery conspicaons, Btia his
tenderness truly patemil. But, recollect the proe-
Iftmalion wbica iMued from tbe British Cabinet,
inviting and encoarBsiiiE the Tiolators of the eoi-
iMrgo! The Brmsof His Britannic Majesty opeoed
to receive smugglers I Come tr>, all ye heavy-
laden with provisions, and I will give you rest!
Wbeiber you have papers or not, yon shall not
be moleated. Thus, protection is offered to the
smuggler, whilst the bona fide merchant must be
driven from the ocean, or fall a Mcrifice to the
Orders in Council.

We b&ve been admoai-ihed by gentlemen not to
use the word tribute. If I should not be able to
forget words which some geollemen consider mere
declatnaiioD, but which upon my mind make an
awful impression, 1 hope to beezcused. The Brit-
bb Orders in Coniicil do Bx a lai npon our com-
merce, as much as if it were imposed npon the
wheat in your barn, the horse yon ride, or the corn
in the field ; and submit to one on account of the
superiority of tbe British navy, the other will soon
follow, and be enforced by a standing army. A
loercbant vessel loads with cotton for tbe conti-
nent of Europe — the ship and cargv the property
of an American citizen : Great Britain has said
by ber orders, confirmed by an act of Parliament,
that the merchant shall enter a British port and
pay a tonnage dul ' '

ily, a tax of ninepence per pound
id then pay for a lit

tbe cotton, and iben pay for a license — a pass
to sail to Europe! Is ihis laxation or not? And
an attempt has been made to evade tbe force of
this statement, by saying that the tax would
be paid, because France baJ said, if we pay this
infamouii tribute, our property shall b« confiscated
on its arrival at the Continent.

Thos, the iniquity of the Orders In Council is
washed away by a declaration from Napoleon.
that we shall not pay this tribute, under the pen-
alty of confifCBtioD. But, sir, suppose our mer-
chant should refuse togobyaBriiish port and pay
this tax, what follows T British cruisers will cap-
ture the vessels, and a British court of admiralty
will condemn your eargo, under these blemed
Orders in Council.

It is time that party spirit should sleep in obliv-
ion. I exhort gentlemen to recollect the impor-
tance of union. At the most alarming crisis that
ever convulsed the political world; when Empires
and Kipgdoms have changed with the season ; and
America, bufietted on every side, has maiatained
the ground of perfect neutrality ; this naiioashould
make a pause on this high eminence, before they
plunge into the dread conflict. One false step
might irretrievably involve the country in the
common broil. If war becomes necessary, and the
present measure should fail to coerce our enemies,
the object in view ia worth the conQict. But, be-
tween the non-intercourse system and war there
is no alternative. A Republican Government
should never seek or invite war; but ihey will
never abandon their iodependence, or yield lo the
unjust demands of Impettal despotism or monop-
olizing raonaiehy.

We have been told not to invoke the spirit of
1776, and that it would become a tormentor to the
embargo system. Sir,let us invokn and bail that
spirit. When it comes, it will only frown on tbe -

lemies of our country.

The ptarallel between tbe times preceding the
Declaration of Independence and toe timea pre-
ceding 1808 is awfully impressive. In both cases^
as far as England is concerned, this nation had to
resist taxation of a British Parliament. WilhoDI
money or revenue, without emmnnition, without
clothing, tbe people of America resisted, and ther
were successful; and in 1808. their posterity, witn
a full Treasury, with ammunition, and every de-
sirable object, will not sell their birthright for a
mess of pottage. In 1776, the gentlemitn says, wf
had an Artny. Before the Colonies had an «rmy,
a British army occupied the Legislative Hall of
Boston, and the streets were drenched with the
blood of its citizens. By saying this, does the gen-
tleman mean war? Let him speak out; for tbe
same spirit of slaughter which roused the Ameri-
cans at the battle of Lexington now looks yuu ia
the teeth, and demands of you submission. Let
not the gentleman talk of local jealousies — they
do not exist. The cause is a common cause. In
the eonQict with Great Britain, in the Revolution,
when Boston was to be the devoted victim of Par-
liamentary vengeance, did her patriotic sisters
desert in t>ie hour of danger 7 No, sir. Vii^inia
declared the cause a common one, and her exam-
ple was followed by other Btates. As early aa
1769, Virginia recommended a non-importation
agreement to resist foreign laiaiion. Did Maasa-
chusetis consider this as submission? No; she
adopted the system, and was tbe last to abandon
it. The enthusiasm of liberty was general, and
men, women, and children, joined in its execu-
tion. The Union is one and indivisible. Inflict
a wound tipon tbe right hand in Masxachusetta,
and tbe blow Is equally fult in the left in Kentuc-
ky. Though an interior State, and distant per-
haps from tbe lavages ot war, soe will stand firm
in the cause of freedom. For her firmness and
palrioiiam, I, as one, stand pledged. The West-
country never will relinquish the lawful eom-
'ce of the United States. Away, then, with
those infamous poblicaiions which speak of eD»>

The imaginations of some gentlemen create
ideal dangers. I neither fear tbe conscripts of
Napoleon otir tbe navy of Great Britain. Upon
terrafirma we know we are safe. And, though
a thousand evils may result from war, the spark
of liberty can never be extinguished in America.
Armies might mow down our citizens, as the
mower his grass, but another race of men, more
powerful than these, would rise up and defend the
soil where thefathersof our iodependence ate en-
tombed. Events are rolling on,theeSects of which
human wisdom cannot foresee. This is not the
cause of an individual ; it is the cause of seven-
teen sovereign and independent Slates and their
Territories. Not the present generation alone,

L... — ..-:._ :. J — 1-; --sled, and must rejoice

ir present struggles.

.yGoOgIc

591

HISTOKT OF CONGRESS.

692

fR.

I\>rtign Relation!.

NoTiMBEa, 1808.

Dot been his In-

Qieijiaiely under
n which the de-
.1 proper lo offer

Afr. Clopton anid, ibat It hi
4etiUoii to trouble the Comiaii
>mftiik< on the resolution now ir
~'COD&ideimiion ; but, from ibe lu
bale bad takeii, he now ihouebt .
to the Couiiaittee a few remarks.

I shall TOle for the resolution, said Mr. C, but
really, sir, I should paiist— I should hesitate— 1
should fEel eziremel^ reluctant io viiie for it. if
1 could imagine that tt iovolvea the consequences
supposed by a ^entlemao from Msssachuaelts,
fMr. (ImNOY,) who spoke the day before yester-
day on this tubjecl. Tlist gentleman supposes
that the reaolulioD, if adopted, will be a pledge
tbat (bis House will abandon tbe whole system
of measures heretofore, adopted in respect to our
iSreign relations. That genlleman believes also
that the suspenfaion ofirade is a complete aban-
•donroent of all our rights to trade. On both of these
4>oints, Eir, I do widely differ ia opinion from
that gentleman. His opinion that an adoption
of the resolution pledge* the House to abandon
the system heretofore adopted, with respect to
the suspeasioD of export trade, induces him to
Tote for it. My opinion being quite different
from his, 1 feel a propriety in TOtio^ for it on the
ground of my undeislanding of its import. I
consider it, sir, as a plain declaration of the sense
of the committee, on the wrongs inflicted on their
country by the belligerent nations, and an evi-
dence of tneir determination to assert their rights
Man independent nation — that this is simply the
true import of the resolution.

But there is a course of trade which, if sane-
lioned and pursued, would be an abandonment of
our commetcial rights. I do believe, said'Mr. C,
that a submission to exercise an absolute right
under any condition or restriction whatever, pre-
scribed by another Power, is a complete abandoo-
ment of that right. It is then no longer asserted
as such absolute right. It becomes a mere favor
granted by that other Power. But it is not so
with a bare suspension of (he eterciseof that
right. This suspension asserts the absolute right,
by refusing to exercise any privilege under the
condition or restriction prescribed by (he other
Power. Thus, sir 1 will exemplify the position
I have stated. Wnen an American vessel, bound
for a port in cDDtineoial Europe, first sails into a
British port, and there pays a tax, prescribed un-
der British tbe Orders i o Council for permission to
proceed to the port of her original destination,
she then abandons the absolute right to sail to that
port, and accepts the permission as a mere privi-
lege granted to her by the British Qovernmeol.
But a suspension of her voyage is no such aban-
donment. So a suspension of the commerce of
the United States by the embargo law is no aban-
donment of (heir rights of commerce. The Le-
gislature do not relinquish their rights by sus-
pending the trade during such time as it shall be
deemed expedient so to do.

The K^ntleman from Massac bnsettt, in the
course of bis remarks, made allusiotMoa declara-
lioa made by me some time ago, in reference to
a leaolulioti iutrodueed by a gentleman from

Vermont, (Mr. Chittgkdbh.) That resolution
proposed an absolute, unconditional repeal of the
act laying an embargo, and the several acta sup*
plementary thereto. The declaration alluded to
was applied to that resolu lion, and the repeal pro-
posed io it — au absolute, unconditional repeal of
those laws, without proposal of any oiher mea-
sure. The declaration was that, •• one member
of this House, I never coulJ, never would consent
to the repeal so long as the orders sod decrees of
the belligerents against our commerce continued
in force ; (bat is, snch repeat as was proposed in
the resolution — an absolute, uncondiliDoal repeal,
without the adaption of any other measure in
lieu of it. This, sir, was meant, if not so express-
ed. Indeed, said Mr. C, 1 cannot see how it can
be considered as necessary, for a right under-
standing, that I should have so particularly ex-
pressed myself; a* the declaration was made in
direct reference to the resolution proposed. I
know nut how I cduld bave been supposed (o
mean otherwise — bow 1 could have hern suppos-
ed to pledge myself by that declaratioir forever
to adhere to the embargo, a( all events, during a
continuance of those orders and decrees, and for-
ever to prefer it (o any other measure. The pe<
nod may possibly arrive, said be, when it will be
deemed preferable lo arm and force the trade,
rather than further continue the embargo. The
period, for aught I know, may arrive when war
itself W0L|ld be preferable to such further cantin-
uance of it. The period may arrive when I may
he convinced of (bis— when it will be my duty
to rote for raisiBg the embargo, and permitting
American vessels to be armed for their defence,
though war should be the consequence. But the
period never can arfive, so long as (hoae orders
and decrees continue in force, when I ahall feel
willing (if I know anything of my own heart)
(o role for raiaing (ha embargo without aome
Qthet provision being made in support of our
maritime rights, If, therefore, the period should
arrive, during a condouance of (hose edicts, when
I shall vote for removing the embargo, it will be
on condition that some other provision, aome ef-
fectual provision, shall be made in support ol those
rights. To open (he (rade under theeiistingcit-
cumstances, and subject it to all the outrages to
which it would be exposed, without security,
from (he operadon of ihosa edicts, 1 trust, as one
individual member of this body, 1 never shall

Tbe gentleman from Manachuaetls expressed
astonishment, that a declaration, like that alluded
to, should bave been made ; and, if I mistake not,
said Mr, C, he asked, very sagaciously indeed, if
members of this House were becoming mad?
Whether those gentlemen with whom 1 have (he
honor generally to act, or myself, shall manifest
any degree of madness, our conduct, I presutne,
said Mr. C, will beat determine; in the mean-
while, however. I believe we may safely answer
the gentWman, that we are oot mad, but " speak
forth (be words of truth and soberness:" And
further, 1 trust that we are aiming to do the acts
anil deieds at hoaot and patriotism, u well as

.yGpOgIc

HISTORY OF CONOEESS.

Novi

F}ireign Relatione.

H. o» R.

olhers. Perhaps the gentleiDBD's asloDishment
may^ be esclied anew at the declarBtion now
again made by me, precisely in the same senii-
meDt, precistiy wilJi the >ame meaniDg, ai befoM'.
Ft ia not, I repeat it, an absulate deciaraiioD that I
never ^ill vote for raisio^ the embargo ducing
continuance of the edicts of the beliigerentB ; but
ihat I never will vote for it without some other
provision, ia luppoft of oar just riehti.

Sir, said Mr. C. I am not now pTedgis; myself
to vol* for removitig the embargo on the coodi-
lion I hare mentioned. On ibe contrary, I say
that from every view I have been able to lake of
the existing state of things, it leema to me that
the embargo ought still to be continued. When
the rexolution, which has been memioned, pro-
posing D repeal of the embargo system was 6rst
□SL-red, I iras then of opinion that no proceedings
ought to be had relative to the particular act lay-
ing the embargo, since the belligereois had con-
linufd in force their unjust and oulrageaui: edicts
against our lawful commerce. On that subject I
would then have remaioed perfectly silent, I would
have passed over that particular act with the
utmo.1t indifference, I would have refrained from
touching the subject, as I would refrain from
moving the House for the appointment of a ooni-
miitee to iaqoire whether these States constitute
an independent nation or not. In this sentiment
I voied sgainst a consideration of the resolution
at that time. Did I say, sir, that I would have
refmined from touching that subject? Yea. I
would bav.c refrained — and I would stilt refraiit
from Toucliing it so as to-agilate the question of
repeal at this time, or so as in any other manner
to weaken any erf' the laws upon that subject. I
would rather make them much more effectual.
I would add tenfold strength to their Talidity— I
would act in that spirit, and would manifest such
d^ree of unconcernednevs as to the effect which
the system has on ourselves ai to demonstrate to
the proud tyrants who inflict the injurious ag-
greisions, and to the whole world besides, that
we do not feel it. This would show to them
that however they may view it as a sacrifice on
the part of the people of this country, it is one
which the great body of them do not regard — one
which they are prepared to endure without a mo-
ment's uneasiness, without a moment's repining.
This, said Mr. C, I did believe would have been
good policy for the House to have adopted at the
beginning of this session — a policy in which to
have been joined by a majority I should have re-
joiced. I consider it, said he, to be highly im-
portant to the reputation of ihii country that
any expectation of the brlligerents that this
Onvernment would submit to their unjust edicts
should be disappointed; that they should ai
early as possible be convinced of their mistake
in respect to the American character. Sir, said
he, it is supremely important to the honor, the
dignity, the glory of this rising nation that such
edicts should never be in any manner submitted
to on our part ; that the idea of receiving as a
gracious boon, from either of theiD, the privilege
of trading where and In what wa hare a complete i

right to trade as we please, should be spurned
with indignation ; that there should be fonnd no
room for a doubt of our fixed deierminaiion, or of
our ability, to abide by the measure, which we
have adopted, as a means of asaeriing our rights;
and that no step should be taken on our part,
which could be construed into any degree at
acquiescence in their violations. Shall we then
submit to purchase such a paltry privilege by

Kyment of tribute 1 an odious, abominable tri-
te? Can the high soul of America stoop
down to this? No, sir, it eanni^l, it will not.
I trust, said he, that this resolution will serve
as one evidence that ii is determined never to sub-
mit; and with this sentiment I feel a satisfae-
tion in voting for the resolution. It manifests lo
the world the determination of this body ; and,
if adhered to, will leave no ground to the bellig-
ereots for any further calculations, favorable to
their designs, from the partial discontents whicli
have appeared in one section of the country.

Mr. C. concluded by observing that the mea-
sures recommended by the select committee in
the other two resolutions reported by them, not
being then immediately under consideration, he
should not enter into any general discussion of

then

r make any further remarks respecting

' . subject al^o waa

he embargo at this lime, as ihat si
not immediately before the Committee.

Mr, RisnoLPH.— We hove now progressed
very far in the fourth week of our session. W«
met here at a time when every man in this Hous«
and out of it seemed to vie with his neighbor in
the expresiioD of the opinion that this is a mo-
mentous crisis. There are few of us who bar*
influence enough at home to aroid ihe censor*
of their constituents, in caseof a failure in a punc-
tual attendance on tlieir duty. At the commence-
ment of this session public expectation was
raised to tha most painful pilch; and yet one-
fourth of the time assigned by the ConitilutioD
deliberations has elapsed, aud in what
I does the Congress of the United Stelea
find itself? Debating what has been termed an
' ract proposition. When the report was made,
worthy friend who sits before me, (Mr. Ma-
.) with his wonted sagacity, saw in that prop-
on its entire futility. Let me not be mistaken,
not my intention to deny the truth of the
proposition, much less to vote against it ; but my
friend from North Carolina saw that it was not
to be made the basis of a future conduct ; that, ia
t, no bill, no measure, usthing substantial,
lid grow out of it. And are we lo employ
selves in this manner for tha amusement of
the galleries, of the public of Georgetown, Wash-
iogioa, and its vicinity? When this resolution
iolcoduced by the committee, whose report
)w under consideration, I regretted it on a
variety of accounts, not only in the same view at
my friend before me has taken of it, but for other
reasons. I asked myself, in the first place, on
whom il was to operate? Onus? Have we so
conducted ourselves heretofore, or are we now
about so to act that a doubt exists among us whe-
ther we wilt support our rights, or submit to the

.yGoogIc

695

HISTORY OP CONGRESS.

H. OP R.

F\>rtign Belaiiotu.

No^

bigh behetiB of th« two great belligerenial For
ourseUet is this medicine, or for tbe Aniericaa
peoplel Do ihef waoi B rallying poioil Has
ibc Qoveroment of the Uoited Stales ever lalteo
a ground io whieb tbey bave beita backward lo lup-
porl ii? Arew* fearful of tbe temper of our owd
citizens 7 Do we ihinlc it necessary to raise their
courage to the sticking-place by this iocentirel
or IB it to operate on tbe two ereat belligerents 1
Is Mr. Armstrong or Mr. Finkney, in ■□in« new
note, to serve up this new prescription, to excite
the minds of those Qorernments lo American
wrongs, and lo a sense of justice? I a<n afraid
not i I am afraid we have tried this method coo
gfien not again to fail of snccem. I did. indeed,
regret it ; I regretted Ihe introduction of this rea-
olution. not only for the reaaoni which I have
aiated, oui as going still faiiher to establish (he
creed that words, in some form orather,-are all
the means which we have to employ. No, sir ;
if we make an impression upon Europe, il must
be by aoraething more substantial. We have
tried ihe old diet-drink, long enough.

The House will pardon me if 1 forbear ■ mi-
nute recapitulation of Ihe wrongs which we have
received, not only from the tw« preal belligerenis
of Europe, but from Ihe little helligerenis alto. I
confess (hat 1 hare not a siomach for the nause-
ous detail. Xeannot, like Shylock. ttkeapleasure
in saying, on such a day, you called me dog I on
such a day, you spjl upon my gaberdine. Ihave
wen them dressed in every possible shape, in cor-
respondences of our Ministers and in reports of
committees of this and [he other House. 1 must
confess, for one, that I take no pleasure in tbe
perusal of such reports. 1 cannot riot in the
strength of our argument — I wish the argument
of the enemy was a little better, and ouvs a litlle
worse i I cannot hail every new aggression, be-
cause it gives occasion to extend our demands of
reparation. I wish we had not quite so much ar
gumeot on out side, and that they had a liitl<
more, of the injury on theirs. I verily believe
that, as long as you have the whole of the injury,
they will have very little solicitude in yielding lo

?ou the best of tbe argument. Yes, sir, I confess
feel a deep sense of mortification at hearing this
incessant ineme rung in my ear, and the only
remedy found to be in words, words, words-
correspondence of Ministers, instructions of SeC'
retaiiea of Stale, and reports of committees ol
the two Houses. We have been four weeks ir
session, and, as lo benefit — I spea'k of myself, I
hope there are others wbo are conscious of hav-
ing done a greater share — as lo the benefit thai the
puolic has received from my attendance, I had
much belter have been at home, enjoying the
fine wealher in my own family, ihan sitting here,
listening to tbe discussion of propositions, from
which, whether negatived or agreed to, no possi-
ble good can be derived. We have been four
weeks in session, raised a Committee of Kxterior
Relations, who have brought in a long and labor-
ed report, and, so help me Heaven, not one atom
of BUMtance is there in the report, except the
ioBtrnction moved by my friend from Norln Car-

oline ; all the rest is preface, episode, proline,
and epilogue. I have no disposition to attack tbe
gentleman's report ; I have no particular fault to
ind-wiih it. It is much in Ihe siyte and fasfaitn
of the times — tbe aggressions of France inl
Qreat Britain served up, though, I think, not with
quite such exquisite cookery as aomeiimes is pre-
lentedloour palates.

But perhips it may be said that the dectaratioa
which occupies the outpost of that report i» tohe
aked in connexion wiih the sabsequept lesola-
:ions, and that the whole subject u Tairly before
ihe committee, and ought to he embraced in one
puint of view. As far as 1 have been able to ua-
derstand the language of that reaolutioa, it means |
precisely nothing, or more than meets the eye. i
It is a resolution that il is ioconaiiteat wiih ihe ,
honor, independence, and so forth, of the Uoittd
States to submit to tbe edicts of Qreat Britsia
and France. I think that is ihe language, li !
this lo be considered as a declaration of w«r |
against these two Powers 1 Or are we to re- ,
solve in one breath that we cannot, wiibout a |
sacrifice of our rights, honor, and iodependeou, i
submit to the edicts of Great Britain and :
France, and, in the next breath, solemaly re-
solve that we will ? I know it ha* been said thai

Where will

gentlemen find a temporary suspension of out
commerce? In what clause of ihe nta lute book
will they find the time prescribed when that com-
merce shall revive? And if a perpetual prohibi-
tion of all commerce of eiporlj and a prohibitioB
of all commerce of itnporis be not a submiuioo
to the edicts of Great Britain and France, I kooW
not in what submission can consisL I have not
the assurance to siand upon this floor and declare
that the embargo is a resistance to the edicts of
Great Britain and France, when I find our Gor-
eromenl has given to the Qovernraents of those
two countries an explanation of it so veiy di^-
ent. The embargo is represented to be Bothing
more Ihan an internal regulation, not a cause of
offence, not an aggression or cause of sggressioD,
nothing hostile in in character. Is it, then, i re-
sistance to the decrees of Qreat Britain an'
Prance 1 And if a suspension of exports be not
resistance, but a mere measure of inlernal le^
lation, not of retaliation, how will the suspeDstoa
of commerce or of Imports eonsliiute that resist-
ance 1

I listened to the gentleman from MassachnsetH,
(Mr. ^oiHCY,) the other day, with very jjreal
pain, because 1 heard him attempt,aElcDnceived,
to draw lines of dinliaciioD between diflerent
sections of this great Continent. Heeniered into
calculations, which 1 not only believe, but know,
to be erroneous, tending lo show that his leciion
suffered out of all proporiion more than all others.
Iris not my purpose now to examine his state-
ments. I admit that there are parts of the coho-
try which suffer more than others, bui Idenythe

¥>nileman's posiiioas in toio ; I deny that the
reasury and custom house books afford any dtia
of the rdaiive commerce of eaebSlate, and ptt-

.yGooglc

mSTORT OP C0NGEBS8.

fintign Rdatumt.

cularly of the Sute wbicb I pttUf renrsBent
od the Stale coDligaoaB to it od [he soath. Bui,
t the same lime that 1 deprecate ihe effects of
lii meaiure throughoal the United Stales, I trust
lal there exists and will alwajrs eziil within this
auntrjr a powei to execute ihe laws, i shall be
moD^ the first to rally arooad them. When the
pposite doctriae is fairly broached and acted oa,
cannot see to what purpow we are a conrede-
tted people ; to what purpose we harea naliooal
lorerDiueDt; I cbddoI btiotc rayseir to bcliere
lat there exists is this coUDlry a dispositloD,
Kod I am sorry to see ih^s Tery jesolution, be-
Buse it seemilo imply that there doee exist lucfa

disposition.) lo Tiolaie the laws and np the
^DDdatioD lit the Union. 1 shall not act on the
reiumpiion, but wait until a case shall occar,
nd, when it does occar, I would appiv the only
oicectire — the kaife, and the actual cautery,
lut, on that account, I do not the less deprecate
he effect* of the embargfo; I look upon it as a
measure ruinouf, io a great degree, to our coud-
ry. At the same time, there is an aspect in which

caanot but behold it with pleasure. It is a test
f the patriotism and Tirtae of this people. The
ubmisnion of those who think evea worse of it
ban I do— I will lay their quiet submission; for
beir opposilioD has extended only to argument —
I a test of the virtue of our people, of their wiU
iagness to support the OoTernjnent in any sacri-
ice for the public good—io support it even where
hat Government has obviously mistaken and
nisunderstood their best interests. Compare, if
'ou please, fur a moment, the pressure of the
mbareo, and the degree of -pressure arising from
he Celebrated excise law ; put the two things in
he balance, and weigh them. In the one ease
here was insurrection, open rebellion; you see
he Father of bis Country obliged to extend his
irra to chastise his undutiful children and reclaim
hem to the path of duty. In the other case you
ee (whaierer may bare been the evauonsof the
aw) ostensible submission to it. The virtue in
be one case which withstood the stronger temp-
«tton, is not lo be put in competition with that
ffhich succumbed to the weaker in ihe other.

But io viewing the policy which has been pur-
sued, for some time back, and gentlemen »eemed
jetermioed now to adhere lo it, I am irresistibly
led to inqnire into the causes which produced out
present form of Qovernmenl. I believe they
jrew out of commerce. The principal difficulty.
I believe, among the States, was, that there was
DO general power for the regulation of commerce.
Tbal commerce was the principal source whence
revenue was to be derived; and the want of gen-
eral and uniform regulations dried up that very
tource. The first proposition was to vest the old
Congress with the power of laying an ad valorem
duty generally. Certain 1 am that the meeting
at Annapolis, the precursor of the Convention of
1737, was a meeting directed to the promotion of
the commercial interests of this country. The
United States weie governed by this eousidera-
tioQ primarily — for surely they were in very lit-
tle danger of going to war with one aaolbei— in

H. OF R.

forming a Qoveroment under which this very
gmercc has arisen lo a heisht to which no man
lid have anticipated. Andarewe now, with-
out warning, to break up all our institutions bere-
tofore, and declare for a Chinese policy 1 Do
gentlemen remember when a discrimination was
made between American and foreign ships, lbs
excitement which it created ? The geoilemea
from the Southern Stales said, yoa are going to
lai OS for the benefit of the Eastern navigation.
When a proposition was made to lay a heavy
duty on the import ef foreign manufactures, tha
gentlemen of the Southern States said, you tax
us for the benefit of your manufactures. This is
welt remembered. But, did any man ever dream
that these two sections of the eonntry should
unite, the one lo destroy the raw material, aad
the other to cut up commerce by the root 7 There
was, indeed, formerly a eoaietl between the
grower and the carrier, each contending for bia
separate interest — but that both should unite, the
one 10 prevent the growth, and the other to pre-
vent the carriage of produce, is really a solecism
I am unable to explain. The gentleman from
Massachusetts (Ur. ^incy) sneak* feelio|^y of
the sufferings ot ihe people of Massac buseits, I
believe the piclure which he drew may be correct.
I am even willing to allow (holding up my baoda
at the laiue time against all his calculations) ihat
his constituents may suffer more than mine. Bui
what is the situation of the tobacco couDtry, and
I lire in the heart of ii, whether you draw the
line from North la South, or from East to West 7
If we pursue this course of policy, the product of
the New Kugland fisheries may be consumed, lh»
rice of South Carolina may ha eaten, and the
cotton of Georgia may be spun. What is the
tobacco planter to do with his two erops of that
ridiculous and nsiueous luxury 1 What is he lo
do with the third crop, for the lime is fast ap-
proaching when preparation must be made to
plant it 7 And io what aititation are we placedt
I have no dispoiiiioo to enter into higbly-colored
pictures of the *taie of the country. I feel loo
much the condition of thai part from which I
come, to saymuefa about it. It is deplorable —
that ia enough.

But perhaps it may be said ihat, whatever ob-
jection be taken to the two first reaolniioos, there
can be no duubt of the perfect propriety of the

lalo

Wbai

lit?

" Raohed, That measures ought to be immediately
tskea to place ths country in a more complete state »f
dsfence."

This is a twin brother of the first. Will you
refer it to a committee 10 draft a biU in pursQ-
ance of it? Are you going lo refer ihe first reso-
lulion to a cammitlee that a bill may be placed
on the statute book, to perpetuate the fact ihat
the United States are iosutted and have not re-
sisted 1 For, as far ai the report goes, of whet
does it sp^k 7 Of keeping within ourselves and
of preparing for defence. If a man be iotulted
beyond tho power of human endurance lo bear,
how doe* he resist 7 By retiring lo his ttoose aad
adding another bolt to his street door — another

.yGoogIc

mSTORT OP CONGRESS.

600

H. OP R.

F^treign IMationt.

NOTBHBBH, 1808.

nt Ii tbis the

■uppkmeDi to ihe embargo bti
wayinwiiich we will resiitl And yet tbe same
coiumitiee !iay thai they will not Eubisit, and
hciug ooihiog beftire you but a vague propoiiiion
tbal ibe United States be put in a. better itale of
defeoce. Shall we raise more troops 1 Gentle'
meo will hardly venture upon thai. Will you
arm Ihe mililiaT That plan, to use (be sisng of
the day, has had Ibe go-by giveo it. You are
(old that ihe militia cbd only be armed Id such
amall poriions that the good lo result froia the
measure will araouut lo litile or noihiog. Noth-
ing remains, iheo, bui to build more gunboais.
The Preniileol of the Uoiled Stales says, that it
bas Bol been deemed expedient to build ihoie al-
ready authorized. What new measures of de-
fence are then contemplated? We have tried
every chord, aod none oflhem will vibrate. What
will be the next resort 1 la fact, I am extremely
sorry to be obliged to speak in this free manner of
this report ; but it appean to me that this House
have asked of the Committee of Exterior Rela-
tions bread, and they have receiveda stone. Tbey
have received "naked rc^oluiinns." Really, to une
Ihe words of one of the genilamen (Mr. Q, W.
Campbell) who advocates ibem, they appear in
all ibe nakedness of infantile imbeciliiy. Naked
they came iuio the House, and naked tbey must
go out of it. They are not to he clothed with
measures ; or, at least, it is generally avowed that
no mraiure is to be taken in consequeoce of ihe
one under diMiussion.

I do not know how far I may or may not have
beeit in order in Ihe observations wbich 1 hdve
hastily thrown out; I .tay, hastily, becaaxe it may
be supposed that 1 have risen to redeem that
Bledge wbich the public papers of Ihe morning
have given for me Eo address the House, when
■olhing was further from my mind. Bui, before
I ait down, I will ask (he gentlemen who brought
in the report, to recancile some things which do
Bot appear to me altogether intelligible, a» tbey
now stand.

" The Milan decree of 1B07 [17th Dscember) can Hill
tea* rest far its derenea on the supposed acquiescence
of die United States in the British otdera of ths pre-
ceding month, since thoss orders, which have not cer-
tainly been acquieiced in, were not even known in
America at the dale of the decree."

The decree of Milan, then, was dated on the
17th of December ; the orders were not known in
America at Ihe dale of the decree, and the embar-
go was laid on the 23d. In another part of the
report, we find the following:

" This was received on the day of December,

and a copy of the decisioo in Ihe case of the Horimn
having at the same tima reached Oavcmmeol, the
Prendent, aware of the consequence* which would
follinr thai new state of thinKs, communicated imme-
diately to CongrosB the aJteri^on of the French de-
erees. and recummended the embargo, which was ac-
Gordinglj laid on the SSd of December, 1807; at which
tiDBB it was well nodenlood, in this counti?, that the
British Orders of Council of November preceding had
iasued, although thev ware not officially communicated

This is an anachronism which I c
cile, ihoDgh I do not say ihat ii
It is very far from being my wish, if the United
Slates are determined not to submit to the ordeia
and decrees of the belligerenis, nothing would be
farther from my mind, than lo destroy the una-
nimity of that resistance ; bul I confess that I
wish to see io'What thai resi^iance is to cooiiil.
1 am as firmly o( opinion as I am certain that I
am now addressing yon, that the difficulties in
which the United States no<(v are, lake date from
the year 1805-'6— a date at which some gentle-
men have, in the discuiision, commenced ihe se>
tita of foreign wrongs inflicted on us. Much has
been said of the apitJl of '76. It was in [he year
1805 that this apiril slept. We then knew that
our territory was irod by hostile footsteps, and we
would not take steps to assert its character. From
that time, its character bas been on the decline in
Europe, and we have to re-establish it by some-
ihiog belter than this report — by something of a
very differeat nature-^inless, indeed, the first
resoluiion is meant to contain a declaration of
war against both belligerents, aod the second lo
devise the best mode of carryin|; it on against one
of ihem, leaving at the same lime all reaislaoce
to Ihe Diher out of the question. I wish to coo-
fine myself to thai part which goes lo excluding
imports; that part which eicludes all foreign
armed ships, has my hearty concurrence. Il has
so happened thai, from ihe lime lo which I have
referred, the difficulties of this cuantiy have been
thickening, and tbe character of the country de-
clining abroad. Thai ihis is a fact, no man can
or will deny. Then it musi be by a different pol-
icy from that pursued from the time which Ihava
mentioned, that the character of ibe country is to
be recovered. The old policy baa been tried, it
will not answer. What have we done? We
have been trampled upon unresistingly by Spain.
When the Minister of our countcy was al th«
Court of that Qovernmeol, and when, I have ev-
ery reasmi to believe, as far as the papers laid be-
fore tbe House enable me lo judge, thai he had
taken an irapoeing atiiiude, what was the resuliT
The oegotialiou was paralyzed by lb« news that
a special mission of Mr. . Bowdoin, a respectable
man— if there musI be a special missioQ, as good
a man as any for the purpose— was (o interfere
with that negotiatioDl We had already two
Mioisieraat the Court of Spain. When ourne-
gotiation was pending wiih the British CSovernr
meni, too, there seems lo have been a fear lest a
Minister of our couDlry should come inly collis-
ion with foreign (3overnmenis,aada-speciaI Min-
ister is sent auer him [o keep the discussion for-
ever hung up in a sort of diplomatic Court of
Chancery. We passed a non-im portal ion law,
and neiiher the House nor ihe nation have forgoi-
lea the auspices under which that law passed.
When it was !>aid that il would lead to the de-
struction of commerce, was not the idea scouted
by many ; and, among others, by a member of
great influence, who is now analchcd from ua bf
the hand of death, and who was the representa-
tive of tbe commetcial town of Salem 1 He rid-

.yGooglc

801

HISTORY OF CONGRESS.

NoieMBBR, ISOa.

Foreign RtloHotu.

H.O

icaled ihe idea of oar commerce beiogr circuro-
(cnbed. Were we not [old that ire could sweep
ihe commerce of Britaia rrom the ocean 1 And
wbai hts been the consequence 1 We hare swept
onr own commerce from ihe oceso. and I Tear we
stall sweep oar agriculture Trom tfie land. One
false siep leads oa to anoiher. For want of due
lesistaDce to the weakerpowerof Spain, we hare
b«en trampled on by the slroocer, No, sir, this
teni{>orizIng. ibis hesiiating, tni; eitraordinary
mbsioD policjr will ooi do. After tbiogs were
brought to their late and present disastrous con-
ditioD, we laid an embargo; that was to be Ihe
panacea to react on Ihe enemy — it was to be the
sword and the shield — Ihe war in disguise ; it was
to bring Korope, io general, and Qreat Britain in
particalar, lo your feet. We hare calculated long
enough OQ the weakness of our adrersary. We
have waited with upcati eyes watching her down-
fall till oar own begins to approach. It Is time
10 calculate leu on her weakness and more on our
ilreagtb. I am amused sometimes at Ibe argo-
ments which I hear on this floor. The QreoTille
administration get into power — yoa De;totiaie
with them and make a treaty — it is rejected,
scouted. Be it ao. Meanwhile the Qrenvillei
go out and the Portlands and Cannings come in ;
and, as if destitute of arguments of our own, the '
doctrine! of these Tery men in opposition — Lords
Grenville, Auckland, and Holland, (from whom
nothini; belter than the rejected treaty could be
obtained,) with the Barings and Broughams in
their train, are hailed with joy and resorted to as
tbe lexi-book whence we quote, to prove — whati ■-
Toshow that the sentimentofilie people of Great
Britain is in favor of us. And yet when we come
to negotiate with these very adrocaies of ours,
we'cannot agree. At the same time, the declara-
tiODfr oa this floor are resorted to there as argu-
ments in iheir faror. In fact, it is high lime for
e insurrections of

the Manebester

and f

J give

inting on (he revolutionary spirit of the
Green Mouoiaio boys. We calculate with as
much correctness on the effects of oor non-im-
potlalioo and embargo systems, as they do on the
disaffection of any part of thiy country. We
know them to be mistaken, and why may we not
be 1 In bet, we know ourselves to he mistaken.
The reiali of those measures proves it. Indeed,
^ifa that description of people who calculate
that the navy of Britain will sink her, or that the
army of Napoleon will ruin hiic, there is no ar-
guing. They are out of thesphere of reasoning.
For those there should be a new dictionary, and
a new system of logic. After ail, then, we pass
the embargo; ihis was the real, genuine paaacea.
What has been its effect? After speaking of it
ID this House as a measure which would coerce

E)nr enemies to submission, and talking of it in
urope as a municipal regulation, in offering to
withdraw it we have been by one Power insulted,
by the other laughed at. The report says, from
one of ihem no answer has been received — from
France. Sir, we have an answer from Prance
which satisfies every one who has seen it ; and

there does not exist a man in this country base
enough to comply with (he wishes of (he one
party or the mandates of the other. We hare
gone to Europe, and said of this embargo, which
was laid uDquejlionablY,even by the report of the
committee, before the British Orders in Council
were received — because, as they tell you, it was
before (he Milan decree was known — we have
told the belligerents that this eonieguence shall
he withdrawn if they will withdraw their provo-
cations. In fact, like Jack, in the lale of (he Tub,
we have hanged ourselves fur spite, in hopes that
one or the other of oar enemies will come and
cut us down. Both have refused, and it remains
for OS to say whether we will longer dangle in
our garlers. 1, for one, have no such disposition.

On the subject of the embargo, as it has been
dragged into this controversy, 1 will say that the
view taken of its origin has been much more er-
roneous than (he predictions as to its effect. It is
well known to hare originated in the determina-
tion of France to act on the Berlin decree in the
broadest sense of the letter of it, and in the proc-
lamation of Qreat Britain inviting home her na-
tive subjects. It is as well known to me that ic
did not originate in the Ordersof Council, as that
it did not originate in events which took place
long since it was enacted. For although the
Orders in Council were unquestionably issued
before the embargo was laid, as unquestionably
they were not known to us, and were not once men-
tioned in my bearing as a cause for the passage
of that law.

Sir, 1 hare occupied your time to very little

Jurpose; I am as sensible of it as any man who
ears me. It was not my intention to have taken
some of the positions which I have advanced
since I got up. I have been irrei^ibly led to
open some questions which may lead to unpleas-
ant discussion ; hut I could not otuit the tempta-
tion to self-jljstification.

I know, sir, that I have had neither art nor part
in bringing you into this disastrous situation, and
thai reflection is worth to me everything:, which,
in a political point of view, this world has to
afford. '

Mr. Troup said he vas extremely happy to
agree in one thing with the honorable gentleman
who had just sat down, that the Southern had not
suffered less by the operation of the embargo than
ibe Eastern Slates ; bat when, in differing from
the gentleman from Massachusetts (Mr. (Idinot}
on a point of still greater importance, he was also
compelled to differ from the honorable gentleman
from Virginia, he did so with the deepest regret.
It has been said by the gentleman from Massa-
chusetts, observed Mr. T., that for the last eleven
months the country has suffered by this system of
etnbargo the extreme of disgrace and humiliation,
and the gentleman from Virginia has called it a
measure of degrading submission. Sir, it is not
a measure of submission ; it is a measureof resist-
ance, and of themosi formidable resistance. What-
ever may have been the object of the Executive
in recommending the embargo, it has ever been
aapported by me^s a measure of eoercion— as a

.yGoogIc

603

HISTOKY OF CONGRESS.

Foreign Relationt.

N.

:, 1808.

measure of juitiiGable relaliHtion. I conteod thai
it in not lubinimian. Acquiesceoee Id tbe orderi
and decrees — subminioD lo seizuTe and condem-
DSlioD — would be lubmisiian. to all iatenls and
parposes; but tbat measure which keeps al home
the ships and properly which our enemies leelt lo
capture on the high bebb is DOt submiuioa, but
Kiiatanee: and the g;entlenian from Massachu-
•etl* will find it ao lo htj sorrow. Commerce, sir,
ji the life-blood of Englaod ; it is the fouDdation
of her wealth, her proipetiiy, and her mtrilime
graudeur. But tbe genllemaD say* w« hate re-
tiied from the highway uf natioDx, and left our
great rival free to naTigate iL True, we have
retired from ihe ocean ; we have left our riral free
to narigale but very little more than between port
and port of her own dominions. We have given the
finigning stroke to her exclusion from ine com-
merce of the whole civilized world; she ha* not
one little of it left other than what you yourselves
would have if your embargo were raised to-
morrow; and yourcommiitee have lold you what
that is — a scanty, contemptible commerce of sev-
en millions of dollars. England lost one hundred
million) when France shut the Coatinent against
herj sbe lost fifty millions by the occlusion of

Sour own ports; and nothing of trade is left her
lit that which she may dnre with the native
Powersof Asm and Africa, with Sweden, and pre-
cariously with Spain, Portugal, and their posses-
aions. No morb, then, of rnislDg the embargo tc
carry on commeroe, when, without a sacrifice oS
iodependence — without a diahoaorabla submis-
■ioD to ihe Orders of Council— we cannot carry
on more than seven millions of commerce.

I know it is said that the people of the Bouth-
ern States are the enemies of foreign trfade — thai
their spirit ^d their interest are anti-commercial.
Sir, in thin sentiment, which is itself without foun-
dation— nay, without even the shadow of foun-
dation— is to be Goughi that jealousy which hai
given rise lo so many evils, and from which such
aerious evils are yet to be apprehended ; but, sir.
it is ■ mean, pitiful, coniempiihie jealousy. The
SoDlhern Slates are not the enemies of commi
Indeed, how can it be said of a people who
•evenly millions of pounds of cotton, and for which
they have not a home market for ten millions,
that lliey are the enemies of commerce ! No, sir ;
ihey have, from the beginning of your Qovera-
meot to the present day, sacrificed as much lo the
prosperity of commerce aiany people of theUnioo.
They have been at all times as ready to go to wai
for commerce — on the attack of the Chesapeake
they were even more forward to go to war for the
honor and dignity of tiie flag, than Ihe people of
tbe £a«leru Stales.

A liiile more, than was said by my friend from
Virginia, as to the comparative operaiion of ihe
embargo on the Eastern and Southern Slates.
Compare the operation of this measure by the
proper test— the only true and correct one— '
depreciation of the respective staples of those
sections of the Union. Let the gentlenDan from
Massachusetts slate lo the Mouse what has been
the depreciation of hi* beef, po^, fish, cheese^ but-

ter, onions, potatoes, and cabbages, and I will lell
him what has been the depreciation of our great
staples, cotton and rice. The ordinary market
price of cotlon is between eighteen and tweniy-
iwo cents; the embargo price is from ten to Iwelre.
The ordinary price of rice is from five to aix
dollars ; the embargo price is from two to three.
Our people are, besides, in proportion lo iheii
number, more in debt than the people of ibe East-
ern States.

But the gentleman from Manachuselts warns
us against a persererance in the system of. em-
bargo. A perseverance, according lo the gentle-
man, is tu be followed by open nusiilily to the
laws. Sir, I dread no such hosiiliiy — we have no
reason to dread il. Itisaltogether impossible that
men who are actuated by the basest of human
nassions can make a serious raorement in a revo-
lulion. No, sir; linsist upon it, we have no cause
to fear the anii-embargo men of Massac biisettt.
Onehrave, independent, generous yeoman of Mas'
sac hu setts, would drive half a dozen such feUowi
into the ocean. But, the iruih is, the genileinan
seems lo hare wholly mistaken the condilion of
his countrymen. He told us ihe^ had suffered
everyihing but famine ; that the distress and ruin
were co-exteosive with the country. Tbey could
not or would not suffer longer. Yet, sir, the gen-
tleman was not well seated, before his colleague
(Mr. Bacon) rose, and with equal claim lo vera-
city, and ibe same opportunity of forming a cor-
rect opinion, lold you ihai \m honorable colleague
had given a very high coloring to the picture ; that
Ihe distresses of the people were by no means as

ereal as they weie described; and that, if they were
:ss prosperous and flourishing than before the
embargo, they were far — very far — from tbat slate
of misery which his colleague bad represented.

Sir,many of ibese observations have been made
with extreme reluctance; they have been extor led
under circumstances which must give pain to
every American, but which cannot fiiil to kindle
in him the liveliest indignation. No man can read
without horrorand disgust in the papers of ihe day
the most Ireosonable and flagitious libel that ever
disgraced our couoCry— ihe anonymous publica-
tion cireulaitd in Newbnrypori.

Sir, it is remarkable that we have been so grad-
ually familiarized with British outrages, and bave
at length become so compteiely reconciled lo the
most extravagant excesiesoflhem, that what two
years ago yon would have been willing to go to
war for. would now be considered a matter of too
trifling. importance to merit your attention, much
less your tesentmeat. Two years ago you were
willing to go to war to limit the right of search ;
yon would have gone to war lo prohibit Ihe prac-
tice of impressment; you would have gone to war
lo overturn the lawless system of blockade ; you
would have gone to war for the colonial trade;
for the atinck on the Chesapeake ; two years a^o
you would have gone to war for the Orders in
Council; and now that all these outrages, and
more than these, have accumulated on your head,
until youare bowed do wn to the earih, you are con-
tent to b^ a little commerce of England ! Yoti

.yGoogIc

mSTORT OF CONGRESS.

606

November, 1808.

Foreign Relation*.

tell Eogland, if sbe will be pleased to ^raDt f oti a
liiile trade, yon will open your porta tu her, and
shut ihem agaiait France! Ttiia last, this hu-
miliiiing overture, she rejects with indignation.
You have no choice left, asyout commiuee hai
reported, but between war and embargo. We
It go lo war Tith ooe, without goiog to war

vriib the other; because, the wroa^s doae by one
ate not less than the wrongs done by ihe other —
oless, iDdeed,you cootider the shedding of ionu-

cenl blood the greatest of all possible wrongs.

I know this measure of embargo ha* been coo-
deraned, loadly condemDed ; hut only by men who
propose to meal ihetnselrea iu power by an appeal

10 the feelings and interest of the comiuuDiiy. In
IDS part of toe cooolry this appeal has been made
riih effect. The avaricious have been corrupted.

the ignorant have been duped. In all —

there are the avaricious and the ignorant, and the
mssloQ of the one aud the credulity of the other
have been wielded with success by the anti-em-
bargo mep. Sir, the [Kople have been led lo be-
lieve, that a great commerce could be carried on
under tbe orders and decrees, when in fact no
commerce coald be carried on without comprn-
mittiog the hooor of the nation. They have been
led to believe that a commerce coulJ be carried
on without hazarding the peace of the country,
when in fact no commerce could be carried on
wilbout involving the country ia war; and whilst
the great object of Ihe Oovernment was lo pro-
tect commerce, the embargo was said lo aim a
deadly blow at commerce. Il is by such misrep-
resenlaliou that the noisy enemies of embargo
out of doors have been deluded and corrupted.
Aod are these the people to wboro we are called
oa lo turn a respectful and deferential earl the
[Deiest Sbylocks — men who cry odi, away with
your honor, your independence, your neutrality —
they are all siuff— give me goldl Briliab mer-
cluDta, Btilisb agents, and malcontent Ameri-
cans— the depraved of the cities, and Ihe ignorant
of the country — men who are ready lo sacrifice
the honor and independence of the nation for a
liiile trade in codfisL and potaiib I If we are thos
degenerate — if we are thus fallen in thirty short
years, it is high lime to abandon your republican
aystem of Qovemment. Sir, will posterity be-
lieve that this very people, who thirty years ago
magnanimously offered up ibeir lives and for-
tuneii for the aequisiiioo of independence, are
now prepared lo sacrifice that very independence
to [heir avarice? Will posterity believe, thai
this same people, in ooe short year, forgot tbe
affiiir of the Chesapeake 1 Thai they were ready
lo shake bands with the murderers and robbers
of their countrymen? I will not, for myself, as-
sent to such a bate barter of honor for gold. No,
sir! If it has come to ibis — if we cannot for a
year or two years endure the privations incident
to a measure of embargo, if we canoot exist with-
out tbe luxuries of life, notwithstanding the most
impnious cells of honor and of duly, we are un>
worthy the blessing* we enjoy— wo have lostour
virtue, aod are ripe for the dynasty of the Bona*
patiet or any other dynasty ; and whether yon are

conquered by France into miserable seiviiode to-
morrow, or corrupted to sell your country lo
England, is not worth a leilectioa. This ac-

■d avarice will ruin you.

r, it is not to such a people as those — and I
trust in God, a roajoriiy of ihe people of New
England are very diSereol — that I would appeal
Id test the correctness of the measure of embargo.
Were I disposed to test its correctness by lU
popularity. 1 would appeal to the people of Vir-
gioia, too honorable to be corrupted, loo enlight-
ened to be duped. I would a«k ibem what ihey
thought of the embargo, aod they wonM answer
with an almost unanimou* voice^they would ^
further — tbey would be ready to support it with
' eir lives and fortunes.

Yon have done everything for commerce— yoa
have negotiated for commerce — you have jeopar-
dized the peace of the country for commerce—
you have pa^ed an embargo to protect com-
merce— and commerce is the first lo abandon you.
Qod forbid ihai I should speak thus of the whole

:aDliIe community. I have seen too many
instaocea on ibis floor of noble and magnanimous
sacrifice of private interest to tbe public weal;
they are noi the Stoichs, or the Grays, or tbe
Crownioshtelds, of whom I speak.

If the embargo were raised to-morrow, none
would trade but men of desperate character and
baokrupl fortune— the real bonajide American
merchant would not venture a ship at aea; and
where would they tradel Why, tu besure, they
might drive a trade in beef and pork and flour to
tbe West Indies, and some of our cotton and rice
and tobacco would find ibeir way to England, if
the French privaleers did not catch them — but
the market would boon be overrun — it would b«
no betipr than the home market; and where
would vou trade to besides? If you are de-
terraineo to pay the ninepence per pound tribute,
for permission to reexport your cotton to Ihe
CoDiinent. tbe French decreet would take it', and
if ihey did not, the price of the article would be
so enhanced by Ihe itibuie, that the market of the
Continent would be lost to you.

Perralssiuu to arm is tantamounl to a deolan-
lion of nar, ai>d the people of this country want
peace, a^ long as they can preserve it with honor.
And do jrou think, sir, we are ready to plunga
headlong into a ruinous war, naked and unarmed,
til gratify a few bnnlf rupt commercial speculators?
It is easy to declare war; it is more difficult,
under preaent oircutnstances, to maintain peace,
aod it IS most difficult of all to wage a successful
war... Sir, beware ! It is the object of the gen-
tleman from Masaaehuseits and bis friends to lead
you, step by step, into a war, and if he can, into an
unpopular war, which the moment you cease to
conduct with effect, you are ruined, and he and
his friends are exalted. To such an event, de-
plorable as it would be, I could be reconciled if I
believed the genilemaa and bis friends would
govern in the true spirit of the Consiituiion ; but
liberty has been hunted down in the Old Worlds
there is scarce a remnant of it left, save in Amn-
iea— hereiliaiusuintd by Ihe ruling party; and,

.yGoogIc

607

mSTORT OF CONGRESS.

fhreign Rdationt.

NOTEHBER, 1

tir, the momeni Ibis parlj cesses to rule, Repnb-
licaniim U gaas, and with it the bopesorall good
men forever. On iliui aceouoi 1 deprecate such

It would appenr tome from the tenor of the geo-
tlemBo's remark.'^ (Mr. Q,dincy) that he waots wsr
with France and alijance with England. It this
be the fact, the gentleman is not oonaisleni. If be
is really as much aTraid of the gigantic power of
France as he atfecls to be, (aod I must coofeis,
for mf part, I am ver/ much afraid of it,) as-
suredly it is not policy [o proToke France — it is
our policy to keep out of liie way of boih mon-
sters as lonK Bs we can, and to husband our
resources. And what would avail an alliance
with England 1 You could only furnish men to
be sUughEFTed on the Contioent. I can tell the
gentleman from Massacfauseits in what he would
much better exetuplify, both his pa triotismand con-
sistency— in union — in uniting to call into actir-
ity the resources of the nation for its defence— in
orgauizingand armingand disciplining! and, what
is not less desirable, luadopiiiig a system of finanite,
which would not fail you in any exigency; in
short, in pursuing the course in which you are —
which the soandeal policy points to as the safest
and the best, the course of impartial neutrality, if
indeed oeuiTaliiy has anything to do with it.

As to the embargo, lo mucii has been said, both
in and out of doors, in its jusllGcalion, that I will
forbear lo touch It. It it oalv necessary to ob-
serve that it has been supported, and will be con-
tinued as a measure ofsecuriijr and of just retali-
ation ; asameasureof security It keeps theproperty
at home, which, but for it, would hare enriched.
your encmtes — as a measure of retaliation, it
would have had its effect, but fur the anti-embargo
men of Massachusetts. If the gentleman will
co-operate to make it efficient he will soon find
the great mercantile politicians of England, from
Anderson down to M'Call Medfotd, have not
been mistaken in the belief that this country can
vitally affect the colonial and manufacturiug in-
terests of that, by an embargo system.

As to a declaration of war against France and
Great Britain, and the policy of making it imme-
tliately, do local coosidcraiioni should ne permit-
led to enter into our view of it ; but this much is
to be said, that the Southern people are more in-
terested in raising the embargo than going to war :
by ibe first they would find a vent for a small
proportion of ibeir staples; by the latter they
could get nothing but taxes and fighting. The
■mi-embargo men of Massachusetts would not
make more by the first than ourselves, and by the
last they would make nothing more than their
privateers would make foribem; but the great
object is to postpone the evil.

One word, before I sit down, as lo what fell
from the geoilemao from New York. He pro-
poses 10 repeal the embargo in relation lo Spain
and Portugal. Sir, is the political condition of
those States characterized by a permanency and
atahility which would warrant commercial con-
nexion with them. Tradenilh the Junta of Seville
—4 mere political epbemeroa-~a being of a day 1

Sir, I wish the Spanish patriots success with all
my heart, but success is impossible. Ten thou-
sand to one, that whilst I am speaking, this same
Junta of Seville is imploring clemency at the
footstool of the great usurper Indeed, sir, if we
are bound to consider this people of any definite
descriplion. we are to consider them rather as
French subjects than Spanish patriots, for the
only official paper in relation to them is the in-
sirunieatof abdication and renunciation by Which
this unhappy people have been transferred over,
like a flock of sheep, to the Kmperor Napoleon,
and by the very men for whose rights of empire
they are said to be contending.

Mr. MAaTERS said he lamented the present
situation of affairs, which he feared would ter-
minate to our disgrace ; he wished that one sober
view should be taken of this great question, be-
fore they blindly rushed deeper into a scene of
confusion and distress.

In the precarious situation in which this coun-
try stands, said he, it is the duly of every rnan to
avow his principles and senlimenls wilh firmness
and iniegriiy. It is publio delusion lo bow to
the chimerical projeeis and phantoms of any
man. No man can be deemed independent, un-
less he is guided by the reason and expedience of
things, abstracted from all parly and personal
prejudices. I trust these resolutions will be de-
termined by their merits, and not by Execulive
or party influeqce.

Great pains have been taken both to eonver-
saiioQ and in print lo work upon the feelings of
the people, to persuade them it must be embargo
or wsr, at the same time yo^ intend non-inter-

This report is calculated lo manage, cultivate,
and tet in action, the warmth of public imagina-
tion, in order that a non-intercourse and ihe em-
bargo may be well received.

The report states, at the time the embargo was
laid, ihe British Orders in Council were known
and understood in this country, though not offi-
cially communicated. The fact is, tlie British
Orders in Council were not even menliooed in
the debate oq that question; and when the Ad-
ministtaiion found they had misiakeit its opera-
tion, they w.ent lo the British Government sup-
plicating and begging that those orders might be
rescinded. Sir, this nation feels humbled wilh
ihe unhappy issue of their measures, and by de-
viating from an energeiic and practical course,
are whirled about, the sport of every gust, and
easily driven into any pott.

Mr. M. said it had ^een in the power of this
nation tuore than once lo have adjusted their dif-
ferences wilh Great Britain. When Mr. Fox
came into the British administration, he offered
our Minister to renew the expired treaty, and at
the same time remarked it should not prevent
him from proceeding in the negotiation, and en-
deavoring to make such a treaty a* would be
most salisfaclory to both countries. In the mean-
time the renewal of the old treaty would prevent
all collision between the two nations. Mr. Mon-
roe's instructions would not admit of it.

.yGoogIc

609

HISTORY OF CONGRESS.

NovEMBBR, 1808.

J^oretgn Jtelaliont.

H.ofR.

eoniempt far ibe
whose determinatii
in tbe war, euber a
na[ioD does oot kno
know it, Mr. Cbairni:
iDd beca

Althoi^b ]ay'« Treat; was ezceptioDable in
many poiats, and not popular in inis couDiry,
yel ibis nation prospered under that ireitjr more
tfaao they hare sioce without it.

Mr. M. said the late Ireaty concluded wilh the
British QarerDment, by Messrs. Monroe and
Piokney, wai, in bit opiaiou, more advaiiiageous
than the former. Tbia last' treaty was rejected

Erincipallf on account of the proteatatiou aigoed
y the British Commiasioaers. It was worthy
of eoDsideratlon tbat ifae protesiaiion was no
part of the treaty, and our Qorernmeal had since
offered to contiuue the embargo as to France,
prOTided the British OovernmeDt would rescind
their orders, which was sabsiantintly coniplying
wilh the piotestalion, yet this treaty is rejected.
It nerer bai been in our power, said be, bonora-'
bly, to adjust the existing differences with France,
whose Emperor has always showed the grealest
utraliiy of every nation, and
a is to compel us to lake part
I friends or allies. If Ibe
r ibis, I know it, and you
□. The demands are pos'

, bare not promptly obeyed,

Prance has swept by sequestralioo and couGsca-
tioQ ail tbe American properly, from Italy lo
Antwerp, amounting to more than one hundred
millions of livres; she hasbnrol and sunk manv
of your vessel) wilhout even the form of a trial.
Why do you contioiie the embargo^and add to
it a Don-intercourie? Are you wailing for an
answer from Bonaparte, that he has lakeo off his
decrees, that you may go to war according to bis
demand 1 or do you wish to continue ihi» pres-
tare, in order lo gain lime to offer to the great
Emperor, in more eiplicil terms, i bat you will
lake fides with him? — Your measures are lead'
ins to thai point, and it will be the result.

Russia, Prussia, Holland, Spain, Portugal, Na-
ples, in short, all the sultjagaied wotliTpassed
embarga taws under the influence of France,
under ibe same pretence, and worded nearly in
the Fame manner as oars ; iherefore your emhar^
go tawi had a tendency to pierent the British
Goverament from rescinding their Orders of
Council, and were more injurious than beneficial.
Oreat Britain iias given you her aaewer. Sir,
our aSkirs hare proceeded daily from bad to
worse, until we have been brought step by step
ID this stale of thing!<. By not resisting the first
belligerem decree, we bavc invited reialiaiion
and courted calamity.

Yon ought to desist from a course of measures
which will, in my opinion, bring the people of
Ibis nation inlo want and misery. This is a ques-
tion which will decide tbe fate of this country.
Sir, before you pass a non-intercourse, 1 beg the
House sincerely and gravely lo consider the en-
lamiiies which will follow: inconveniences, mis-
chief, and distress, are great and certain. The
belligerent Powers have trampled upon the law
of nations, and we have trampled on and dis-
graced ourselves. If ihese measures were in-
tended to coerce iheia, they would prove vision-
sTy and philosophical, and nol founded on ezpe-
lOiti Com. ii Sms.— SO

rience. Your extreme and theoreiical measDrea
may be brought farward, ad infinitum, in order
to extinguish all principles of action, which
arise from experience and probability.

Mr. M. said tbe embargo originated from no
plan of sound policy whatsoever, and was in con-
tradielion (o all the principles of commerce.
Your Snances, said he, must lean upon com-
merce, or your whole system will tumble upon
your head. You arc throwing open Ibe doors to
smuggling. Whenever the laws of trade press
hard upon the people, your shores and frontier*
are full of contraband. When he cast his eye
back on onr once flourishing commerce and agri-
culture, grown 10 perfeclion through a series of
fortunate events, and a train of successful indus-
try and enterprise unparalleled in the annals of
the world, and conirasied them with our non-
intercourse and embargo, it gave him melan-
choly reflections. He could not embrace a ayi-
lem which tended lo destroy this country.

In looking round, said he, you will discover
symptoms of radical decay, and proof of con-
suming strength. Never did a people suffer so
much from fallaciuus measures anderapiy words.
This non-intercourse and embarga must be given
up. They stand on no solid principle; it isa re-
flection on your wisdom to persist in them; you
cannot show either of them to be the means of
obiaining some useful end ; there can be no dig-
nity in persevering on your ill chosen ground;
you are nol punishing the belligerents ;. tlie oper-
ation ngainsi them is childish and frnitless ; you
are punishing ourselves. The project of absti-
nence and starving men into a sense of duly
might apply to a convent or monastery, bul Ibe
operation as against the beltlgetents is extremely
absurd and ridiculous.

' We have got into this difficulty; the great
question is, bow are we to gei out. One oluta-
cle in ihe way is, that you proudly boasted when

fou laid the embargo, and yon now scorn mean-
y to sneak out of difGcullies, and are pressing
the nation into non-islercaurse and war. I ihtnk
it best to have the generous courage, when you
find and feel an error, bonorably and fairly to
renounce it.

If your non-intercourse and embargo are in-
tended to habituate the citizens lo Ibe manulac-
inring and wearing of homespun, ihai is also
visionary. Instead of homespun, the genius of
tbe people is commerce, cpmmerce — money, mo-
ney ; and we ought to spurn from us. the hand of
unconsiitutional power, that would wrest from
us those privileges. ■ Let the House be cautioui
to guard against tbe progress of subtle encroach-
ments on commerce, and consider that it may be
undermined, as well as openly attacked. If you
attempt to destroy or depress commerce, you ex-
cite a jealousy between the Slates, which, how-
ever much to be lamented, will end in a separa-
tion. Among ihe united interests of ihe com-
mercial and Rgricullural parts of the UnioUj no-
thing can be more detrimental than their jeal-
ousies of each other, and nothing can be so ad-
raaiageoui to ihia country, aa theii united efforts

.yGoogIc

611

HISTORY OF CONGRESS

H. OPR.

Foreign Helatiotu.

December, 1808,

for (heir maiual benefii. You have Blrendy ex-
cited jealousiea, and Ehakeo ihe' confidence of
the people ; mulual afieclioD Bad eoafideoce be-
tween the several States is tbe glory Kod sifeiy
Ol' all. You bive turned the courie of trade in-
to other channels, which cannot be recovered
back for fears to come, and pasierily

the djslrecs of the memorial is ts, they were com-
pelled to dttpose of their oertificaies for pa; ood
mniuiatioD at much less than the nomiDal
louDt ; and ptafing such relief in the premises,
to the wisdom and justice of Congress shall

the

Mfitis

bered as great iDslances to Instruct the world to
avoid unpardonable error. Sir. you know they
cannot be carried into effect witnout a' large mil-
itary force, subject to miliiBry tribunals. I have
always understood that military force was not to
be applied to enforce obedience. to a law, but
when called for by a civil magislrale; audit
they are not uQdec the civil authority, it is not
gOTcmmenl, it is war, civil war, and we have no
proieciioD against lyraDoy. While we follow
tbe sound of liberty, let ua take uare we do not
lose the substance.

Mr. M. said he had taken great pains, and paid
attention vfith deliberation to the highly inter-
estiog and important situation of the country,
and did believe it iodispensabiy necessary to neg-
ative the resolution for a noo-iniercourse, and
raise the embargo. If you do not, said be, it is
but tbe beginning of distress, and 1 never knew
anything which gave me more heattfelt regret
than these measures. This nation has eiperi-
enced great advantages resultiog from (he diSer-
entbraocbes of trade, and the sources of public
wealth and individual happiness are increasing
and eitending. Reject this resolution of non-
intercourse; raise (he embargo, in whole or in
part, you will then invigorate her eienions, and
reanimate her hopes. If you do not, you will
sink down (he nation into despair, and an absence
of hope for Constitutional relief, and (heir re-
■enlnient may get (he ascendency of (heir mod-
eration, and your laws will be evaded by force.
Sir, a wanl of remedy is in effect (he same thing
as a want of right.

1 will not say where it will endi I will be
•ilent OD that head, and go no further. Bui look
(0 the consequences. No rational mau will deny
that this state of thiols cannot be attended with
«itber duration or stability.

Mr. LvoH occupied the floor till half pail three
o'clock, when the House adjourued.

Thursd&y, December 1.

Another member, (o wit: Thouas Mooi
from South Carolina, appeared and took his seat
in the House.

JEesE B. Thomas, the delegate from (he Indi-
ana Territory, returned to serve in the room of
Benjamin Parke, who baih resigned his seat, ap-

eared, was qualified, and look his seat in the
ouae.

Mr. JenEMrAH Morrow presented a memorial
of sundry officers who served in (he Revolution-
ary war with Great Britain, now residing in the
State of Ohio, stating, that, from the procrasti-
nation oflbe ads for funding (he public deb[,and

meet.

Mr. Samuel Smith presented a memorial of

lundry late officer* of (he said Rcvoluiiouary

army, residing in the S(a(e of Pennsylvania, to

the like eflect.

Tbe memorials were read, and ordered to lie

I the table.

The House resolved itself into a Committee of
the Whole on the report of the oommittee to
whom was referred tbe petition of thirty-six Ame>
citizens confined at CarlbagenB, io South
ica, under sentence of slavery; and, after
linie spent therein the Committee rose and
repotted progrew.

FOREIGN RELATIONS,
The House again went into Committee of (he
Whole on (he report of the Committee on For-
eign Relations, the firt-i resolution under consider-
in, in the following words:
Reiolved, That the United States cannot, without *
wcriflce of their rights, honor, and independence, sub-
it to the lB(e edicd of Great Britain and Prance."
The question vas taken on (he resoluiioD, and

The second resolution having been read, in the
following words:

Raohtd, That it is expedient tn prohibit, b<r law,
the ailmiHiaa into the port* of the United Statei of sll
pub]ic or pijiVBte, nrmol or- unirmed, shipi or veueb
belonging lo Great Brittin or Fiance, or to inj other
of the belligerent Poiveri bsving in force ordera or de-
crees violating the lanful commerce snd neutraJ right*
of the United 8latesj and aim the importation of an;
goods, nsres, or merchandise, the growth, produce, oi
laaufacture of the dominions of snj of the raid Pow-
n, or imported from any plsee in ihe posaenion of

Mr. Randou>u called for a division of the reso-
lution, taking the question on each, clause of ii
separately.

Tbe question was (akenon the first clause, end-
ing with the words "United States" — carried
wiiboQt opposition.

The second clause was agreed to by the Com-
mittee, eighty-four to twenly-one.

Mr. BuRWELL. — I feel bound by (he course the
debate has taken to express my sentiments upon
the resolutions, and place in a proper pcini of
view my conduct and opinions. The view taken
of (he subject by the gentleman from Massachu-
setts (Mr. QniNCv) is, to be sure an extraordi-
nary one ; he seems to have considered it b quea-
tion whether we shall have a free trade or not.
Can he seriously believe that lo be the true ques-
tion before the Houi^el Can he hope to impose
thai belief upon us? In (he course of my re-
marks I wilt endeavor (o show that (he question
stands upon very ditfetent grounds, and that here-
tofore ne have bad hula choice of evils, and hare
but tbe same hereafter. He has pieseaied lu a

.yGoogIc

613

mSTOEY OF CONOEESS.

fhreign Relationi.

H. orR.

higblj wrought piclureorihe dislressesandsuSn-
iDgsof ihe New England Stales generally. Is
Ihii iateaded to operate upon us in fayor of free
trade t or does the gentleman expect, by unrolJing
10 Europe these dreadful calamities, to awaken
the tenderness of Mr. Canning, and dispose him.
bjr wiibdrawing the Orders in Council, to facili-
Ute ibe remorat of ibe embsrgo, as a measure of
iaconTenieDi lestrieiion to the American pe[>ple7
Will this languBee have a more betieficial effect
vpOQ France? No, sir, it requires a firm anil de-
CLSJTeioae, manly fortitude, to command respect
fiom these GoTeroments. But the gentleman,
like an indiscreet officer, in a state ofsiege, while
endeaTorJag to form an honorable capitulation,
tells bia idTeriary fae can hold out no longer, bis
proTiiions are eichausted, his men disheartened,
and bis works of defence are tottering. Others
have taken a reirospeetive view of this subject,
and say that the GoverDmeot might have avoided
the presen* difficulties^ if a diflerent course had
been adopted. I could hare wished ibat all
which is pdst should be forgotten) aod that we
sbould DDiv lake the course best adapted to secure
the boDor and independence of our country ; but
» ibis Government depends upon the will of the
Mople, and derives its strength from their appro-
nlian, it is necessary they should know the trulh
ofibibgs urged on ibis part of the subject. The
gfDileman from New York (Mr. MAaTuas) told
us yesterday all our difficulties might have been
irrrted by the raiificatiim of the rejected treaty
ofMoDroeand Pinkney. Without deciding Ihe
merits of that treaty, at the same time yielding
every iribule of respect to the talents of the ne-
EDciaiors, I altogether deny the assertion. I beg
rrave ID recall to the atienlion of gentlemen a
•ingle fact. Byareferenca to the note of Mr,
Cauning of 23d of September last, you will find
the orders of January, 1807 and November 11th,
test upon' Ibe aame ground, and are defended upon
ihe same principle, the *" unquestionable right of
Hi> Majesty lo retort upon the enemy the evils
-"■isown injuBtice." You well know that of

laouary v

s after the

oaluie of the treaty, and before its reception in
the United States; and supposing therefore the
treaty bad been ratified, it proves that the same
ineaiure would have followed ; and that pan of the
a^ment is corn jiletely done away by a reference
to that note. With respect to the conduct of our
Oovernment in retBiion to Qieat Britain, the pin-
cbmaiion interdicting your ports and harbors to
British ships of war, and the non-importatjon act,
deserve some consideration, particularly the pro-
flatnation. It has been staled that all ourdi£cu|-
tieshavcbeeii protracted upon a point of etiquette.
The proclamation was not a departure from
ont neutrality with Great Britain and France,
heciuse it infltoled a penally for the violation of
• general statute, passed in 1804. without reference
<ci a particular nation, and applicable eqnally to
>ny Power that should offend against it. If Ihe
'hips of France had committed similar outrages,
tbey would, I am confident, have received the
nne tretimeot. Do yon doubt the riolation of

the law 1 Look at th^? conduct of the squadron.

Ii cannot be reconciled with the independence of
Ihe United States, aod the proclamation was the
mildest precaution when they exercised the boa*
tile rights of sovereignty in this country. Thef
slopped our vessels, impressed our seamen, at tacked
our Irigate, tbreaiened the destruction of Norfolk,
and arrayed themselves in complete hostility
against us io our own waters. I do not mention
lliese circufflNtances to excite strong feelioga
against the nation; I would ask if the United
States could suffer the officers of a foreign Gov*
ernment to exercise this power, within our ter-
ritory, and whether, if the French had done the
same acts, it would not have been considered
blameable to permit ihem to remain there ^

If the British navy had conducted themselvea
right, they would have been entitled to and re*
ceived the customary hospitality. Is it too much
for the United Slates to ask, as a condition for
revoking the proclamation, aod inconsistent with
the dignity of the British Qovernment to give,aa
assurance that their hospitality shall not be again
repaid by the violation of their peace? As lotbe
non-imi>oriaiion act, I would ask, can gentlemen
believe if it had not passed, the system pursued
by Great Britain would have been differenll Had
not the poKcy which terminated in ilie Orders of
Council commenced previous to the passage of
your law 7 Mr. B. contended that the measures
adopted by that Government grew out of the state
of things in Europe, and the peculiar character
of the preseot war. The noo-importalioo act
could not have given oficuce to the English Cab-
inet, because it was a cammer'rial regufation jus-
tified by previous iojuries.and the discrimioalioa
made in England of four per cent, more on gooda
exported to the United States than the continent
of Europe; and this country had an undoubted
right to countervail it in any way they pleased.
England had the less right to complain, as she
was in the habit of excluding from her ports such
articles as were abjectioneble, and in her coloniet
bad placed the exports of the United States upon
terms by no means reciprocal.

Admi't for argument sake, that the act was Im-
proper, its policy equivocal — it was not enforced;
and therefore the English never experienced any
injury from that act. tt does not constitute an
apology for them. Why ascribe the conduct of
England la these causes, when your Ministers,
Messrs. Monroe aud Pinkney, have declared to
you, there were strong and powerful interests in
that country, anxious for a war with you; they
have told you those interests combine power and
wealth sufficientto control the Governraenti and
you have been cautioned by Mr. Monroe, in the
moit propitious laomeuli of his negotiations,
a^insi this spirit; that the liberal views of ihe
Minister must yield to the clamor of the West
India planters, ihe jealousies of the East India
Company, and ship-holders, and the impatieat
avarice of the navy. It is the ascendency in the
Cabinet of these infioences, thwarted by the war
on the Cootioenl, which menaces your commerce
with exiermioaiion, and yoor country with aei-

.yGooglc

615

mSTOET OF CONGRESS.

616

Foreign Rdalimt.

Dboember, 1808.

The firat cause of comptniul you had, was ihe
obsiruclioD to [he Eiparuiion of forei^D articles
to Ihe CoDliDCDt, the eurplus of Eimilar ariicles
became muliifilicd in the hands of the British
merchaots, and the meani of disposal iiradually
leaiened. nilh ihe con^uest» of France, and her
occupation of ihe continenlal seaports ; in order
to counteract these cQecls, Ihe^ tried to destroy
our tied?, by declaring the condnuiiy of the voy-
age betweED (he colonies and mother country il-
legal ; your vessels were then requited to stop in
ibe United States, change the cargo, and pay or
•ecure (he payment of ihedulies, before ihey could
proceed to the Continent. These regulations ob-
Ttously tended to destroy the tuperioradvaaiages
of the commerce of (heUni(ed Slates, and when
France had KUcceeded in cutting out (he British
entirely from the trade of the Continent, a report
of the West Indiacommillee declared, that unless
■II West India and colonial produce was com-
pelled ro leach the CoRtinenc through England,
they could nut cope with (he American merchant;
and the plasters in the British colonies could nut
compete with (heir rivals without absolute loss.
To secure the interest of her planters the Amer-
ican commerce must be depressed. It was the
wme object which rerived the rule of 1756, and
eziended its application to us. upon principles to-
tally new; and the orders of the II th Novemhei,
which followed the eiecution of lh« Berlin decree,
were iniended to give efficacy to this project.
Upon ibis point (he gentleman from Massachu-
aetls is good authority ; he admit(ed one of (he
objects waaiheannihiiatiun of neutral commerce;
lie seems however to have forgotten that it was
impossible for an American vessel lo reach Ihe
Continent; and nrgues as Jf youi

e told by the gentle-
man from Mas^achuseitH, you have effectually
yielded to the operation of the French and Btil-
lah edicts, by withdrawing from the octan, in
conformity to them. I would ask him, if we had
armed against both Powers, in addition to the
embargo, whether that would be submission? Yet,
according to the gentleman's logic, submission

Let us lake him upon another ground
take off the embargo, and let your vessels go to
ica. Well, suppose that 10 be liotie ; your vessel*
(o to sea, and iiade exclusively to Great Briiaiui
for she says jrou shall go no where else ; would
Ibai be submission or resistance? Unquestiou-
«bl)r submission. But, sir, grant your present
■yslem to be submission, is it of ihal abjecl kind
recommended by ihefrentleman. which renounces
the character of^yourflag, abandons your property
and citizens to the mercy of every picaroon anil
plunderer on (be high seas? Upon the subject
of tribute, you are (old by him, it wiH nolbcpaid.
if youfirstgotuEnijIand — because your merchant
will not afterwards go to Ihe Continent, as he
knows France will confi«;a(e his property. Is it
come to ihijij and are we lo be indebted lo Franc^

our bitter enemy, for protection? Is ibenaiionil

honor lo be deposited in such hands ? It is asked,
could we not trade to Russia, Denmark and Swe>
den ? Yes, you could go direct, but for the Orders
of Council, which compel you lo touch first at ■
British port, and pay the duty which she require*
for pirmissioD to cany on that commerce, la
nundout ■ ■ ■ ■ ■

which you hat

lubied r
a from that

rht, without it

^n(. In

(hit case who will save your honor, and yot

Sle from paying iribu(e? The genlleman from
lassachusetis admits the trade of the United
Slates must stop in England; it was upon that
ground he endeavored to prove we need nut pajr
iribuie. What will be (he consequence (0 the Uni-
(ed S(a(es and (he New England people (hem-
selves? Why, as England does not employ or
consume more than one-third or one-fourth of all
your exports, of course you will lose the em-
ployment of your shipping in (hat propordon.
Wbal will become of the vessels usually em ployed
in the export trade, in exporting (he remainiag
produce to ihe Continent, when ibey are absolutely
prohibited from approaching ll? They will be
useless; and it is absurd, in the present stale of
things, to imagine they would be relieved by tak-
ing off ibc embargo. He tells us, in speaking of
(be relative importance of the commerce of Mas-
sachu<ett$ and Virginia, that the Slate of Massa-
chuselia exported jo the amount of iweoty mil-
lions of dollars, ihirleeo in foreign and seven in
domestic produce. Great pari of the laKer is ac-
tually the product of Virginia, whose resources he
has endeavored lo underrate.

In the report of the Secretary of the Treasury
you will find the whole United Slates exported a
little more than one million and a half of foreign
produce to England ; this is all she wanis ; while
Massachusetts alone exports thirteen millions;
several other States export as much foreign pro-
duce. Can it be necessary to say what will be
the consequence of carrying all ihcse goods lo
Great Britain 1 Instead of enhancing the value
10 the proprietor, the loss and depreciation in the
price are inevitable. You must pay an export
duly of sevenieeo per cent, ad valorem, the con-
sumption in that country bring prohibited ; and,
according lo (he gentleman's account, the trade
closes there. But, admit it may be sent abroad,
thai it escapes the fangs of French privateers and
unprincipled coiiGscalion in French ports ; in that
case you cannot, in addition to the expense of ■

radi

voyage, pay se
luiu compe(tiion
^ in similar produc

n per c^

of ih . .._
drawback in foreign

merchants

rilhibecon-

irket, and aided by (he

arkets. Sir,

)uld

lir, VOL
lose upon the property a[ leaB( as much ai
here, where, by the progress of internal ci
(i<in. it is gradually going off at its full value.
When ihe genlleman talks aboui a disposition to
sacrifice commerce, a disposilioo which never
did or can exist, what tvould he say, if, instead of
(he British reiieallng our drawbacks, we were to
doit? The drawback given by ibe United Slates
to ihe Eastern merchant upon exporiatioD to fos-

.yGooglc

HISTORY OF CONORBSS.

618

DecEMBKB, 180S.

FoTtign Relations.

H. opR.

le^narigalion, the British Qovernmeot has uD'
jfrlaken id repeal, aad that wbich we gire as i
(liranlus 10 encerprise, iheyeiiori asa taiunon it
Too will 6nd ibe drawback has been made tlit
mndarJ for the duiics, imposed by Eogiaad od
foreign eipofts.

I would again demand, what vould these geH'
ttetnen lay if we should repeal the drawback 1
ihej would say, you paralyze our co
suspend ibe employment of our capital,
iiG» as [0 our rivals ; yet. when the thin
if i foreig-n GoTeTomeDt, having no jui
over us, Uiey see DOthiug hostile to com
not a murmur is heard ; but They tell you, let the
merchants trade, they will not pay tribute, Prance
will present that : ihey are determined upon free
trade m spite of drawbacks, circuitous voyages,
exposure to captures, new duties, and total ezclu-
Hon from a market. '■ Everyibiog." says the
geDileman from Massachusetts, " stops in Eng-
EiDd." How does thij afftct the remaining branch
of your navigation? Such is the amount of the
diicriminaiing duly in favor of British vessels
aod adjust American, by giving them the prefer-
tBte in the transportation of some of your own
prcdsee, you save the whole freight, without in-
cludiug other (charges incident to the voyage.
Can your bfaip come into competition when it is
ilie interest of tbe ship[)er of every article to give
your adversary fifty per oeol. more than you can
Miry it for? This fact is demonstrable, with the
terlainty of arithmetical calculation, and if gen-
tlemen will take the trouble to calculate the dis-
criminating duties upon cotton they will be satis-
fied. It is proper to observe a discriminating duty
is not a recent (hicg, the duty is relatively now
i^tt It was before ; but as the gross amount of
doir imposed on American produce by the act of
Parliament, carrying the Orders of Council into
tB'ect, has increased, this effect has resulted. Let
HI eiatnine how the fisheries will be affected,
vhich, to some gentlemen, are a source of tre-
aendous uneasiness. For these fishermen 1 sym- j
jaihize with alf my soul, because they are pre-
cisely in my own situation. They impose on
siodtfisb 2*. Sd. sterling per cwt., and on every
speclei4i. sterling percwt. Now, gentlemen have
>l«ay< told you. loe fisheries cannot subsist with-
out somespecial' bounty from GoTernment, Will
Ibeynoiv contend that that branch of industry
can maintain itself against a duty, the fourth part
of the ralue of the fish 1 Cut off, too, from its
ntlural market, and forced into one in which
Ibere is no deiuand 7 The merchant who has
peironiced the fisheries, and vested bis capital in :
tbe transportation, will no loogerflnd it his inter-
nno pur5ue his aofeustomed traffic in this article
10 Europe. 0(t the subject of the fisheries, I re-
inenibera remark of Alexander Baring, who is
cariMdered one of the most intelligent merchants
in England, thai the cutting off our trade with
ibe Continenl would effectually destroy their own
fiiherie.', because, he said, they used to sell their
fish to the American merchant* who sent them
to SpaiD, Portugal, &c., under the neutral flag.
How mach greater must be the injury when to

the loss of the market must be added the expense
of double freight end insurance, and a prohibito-
ry instead of a pr'oleeliog duty? Qentlemen will
hardly call ihisamattet of bounty from his Royal
Majesty, What will be the effect on the planter?
I believe I have shown the interests of the East-
era merchants aitd fishermen are completely de-
stroyed.

It will be found that similar dulie& are laid on
lumber and other important articles, operating in
the same way as on the fisheries. With respect to
the productions of the Southern country, let us
take tobacco, an article in which I am personally
interested. We eiport annually about 86.000
hogsheads from the United Slates, of which, it ii
slated by Mr. Baring, the consumption io Eng-
land is about 12,000 hhds. annually. What will
become of the surplus? If lodged in Euglandit

'ill t

dem

1 :jcll, because the quanlitv exceeds the
L England, while the risK of capture,

and duties on exportation, must confine it to that
country, and destroy competition among the pur-
clinsers. On this subject, I beg leave to read a
calculation of the tribute to which that article is
liable:

A cai^ of tobacco may be wid to cotuiit of foot
huodlred bagsheadi. For the sake of round numbais
we will auppoie each hagthead only ona thouwnd
poundi, ami the account stand* thui :
Four hundred thousand paands of tobacco at IJ fterl-

ing per lb. U £2,600 ilerllng, 01 - -¥11,300 00
Tonnsge at I3i. pec too, on 400 tone, ia

£S10 ateiding, or I,D6S 60

Light money, and about fifty other chargei.

willai

800 0

Amount of tribqleon eadi cargo • • IS,96G 60
Deducting the amount of tobacco consntned in Eng-
' id, the residue destined for the Continent, and whidk

lutd go direct but for the Orders in Council, is com-
pelled to [ouch in England, and pay beaidea daubla
freight dutiea, which, calculated as shnve, stands tho* :
Say 68,000, though the real quantity ia 74,000 hhd».
neighing 1,000 pounda, at I}d. iterling pec pound, is

£426,000, or f 1,998,000 00

Onebuodred and seventy ships' tonnage,

at $S,00« each - . - - 340,000 00

Amount of tribute oi

S,SSB,000 00

The amount of tribute, then, on 74,000 hhdi^
the quantity consumed on the Continent, is $9,-
338,000, nearly one half the value of the whole
article when shipped from the United States, es-
timated on the custom-house hooks, at S6,000,-
000. After having- destroyed its value, by de-
priving us of a market, and hindering its con-
sumption, I venture lo pronounce that, if the em-
bargo was removed, it would not pay toe risk and
freight, much less the dutv. The planter would
receive no reward for his labor and the merchant
undertaking the shipment would be ruined. But
the gentleman from Maasachusells talks about
navigating the ocean as a matter of perfect aafer
ly. What are the facts, so fat as they have tran-
spired ? Mr. Gray, of Salem, a nun whose pa-

.yGooglc

619

HISTORY OF CONGRESS.

ELorR.

Foreign Relationi.

tiiotism has honorably Criamphed over the preja-
dices of pariy, and nhose CLmmercial accuracy
will not be questioned, has staled that, out of
•even Tess^U which sailed froni that port in the
month of December, only one reached the Con-
lioent, and she haO to pay heavy charges to escape
confiscation; she was, lo use a vulear saying,
whipped and cleared. I hare seen a Tin from a
■ingle insuratice office, in Ballitnore, of vessels
deared out from the 1st of September to the S3d
of December, and out of fifteen which sailed for
the Continent', in that time only two escaped —
two were condemned, two acquitted, and nine
Tcinain in jeopardy. Why, then, willgeDtlemen
lell us we can carry on commerce, when Buch
vessals as have sailed have been devoted to cer-
tain capture 1 In the case of the insurance com-
pBoy to which I have alluded, ibe losi of proper-
ty was calculated at a risk of eighty per cent, on
its whole value ; and. in the case of the port of
Salem, at a risk at least as sreal. With respect
lo the trade with the French and Spanish colo-
nies, which was open when the embarg'j was
laid, everybody knows we had enough of »omeaf
these articles id serve this country for five vears
to come — we were overstocked — they would be
of DO value in the United States, and why, then,
bting them here ? For, I have before shown that,
if they had been brought, they could not have
been Te-eiporicd with safely or p'roGt.

This, then, biing the slate of affair* at the time
the emciargo was laid, it becomes proper to speak
of the policy which governed my vote. It has
been echoed from every part of the House, that
the embargo has failed in its purpose ; that it ha:
not starved and brought England and France t(
our feet. I had no tuch expectation, k^ far ai
I recollect what I thought ur said at the time o
its passage, no such consequence as starving thi
belligerents wui anlicipaied. I advocated il as i

Erecautionary measure ; to that point of view i
as not disappointed my expectations. It ha
answered, then, fullj, because it has saved the
properly which was in port, and got in that which
was out, a sum equal to one hundred million of
dollars.

It has as yet saved us from war, and what
equally important, it has saved us from tribute. I
had another object; to give an opportunity
appeal to their interests, and ascertain whether
the belligerents would respect our rights or i
As for what Mr. Canning insinuates, that
looked for the downfall of the British nation from
our measures, I did not anticipate such an eSect,
neither did I with that view support the present
■ystem. I canlend for nothing but free trade, and
ask nothing more of them, nor will I ever be cu
tent with less, I am one of those who have \
ways considered the British nation safer than
has been within a hundred years; her relati
silualion is iuconteslably more firm than it W
at the commencement of the French revolurit
b there a navy on the ocean to oppose her I No.
She has swept from thai element everything un-
der the name of a ship of war ; a danger of mter'
nal commotion, which threatened het at the com-

leni of the present war, no longer exists

from the exapiple of the French revolution; no

0 be

inlagio

sysl.

mble

-all

honest men loathe and detest with abhor
habitual violation of national rights, whatever
may be her internal regulations. In eslimaling
the policy of the embargo when laid, and the ef-
fects it would have produced, we should bear in
d the situation of Europe; that was peculiarly
favorable for an appeal to the commercial inter*
esis of Great Britain. Mr. C, himself admits it
was a state in which such an attempt was most
likely to succeed ; at that lime she was excluded
from the Continent of Europe, and the want of
:ommerce of the United Stales would have
been sensibly felt by her. If the coercive effects
of the embargo have been partially defeated by
e change whiiih has since occurred in Spain,
I one can consider it as an error in our calcula.
JDS at the time, because it could not be fore-
There is a remark made by Mr. Canning, con-
nected with this subject, which deserves a reply.
He says, the embargo, by an unfortunate concur-
rence of circumstances, did come in aid of the
" blockade of the Continent." The Minister
would find a very natural solution forihis myste-
ry, if he would only recollect ihe " unfortunate
concurrence" in point of time of the extension of
the French decree and his orders against neutral
commerce. But,5ir, the embargo was materially
unlike ihe blockade of the Cuntineni, inasmuch
as British goods were not excluded from your
porta, and consequenlly "did not come in aid of
It." lagaiu disclaim all identity in the cause, oi
concurrence in the views of the French Emperor.
My ground was exclusively American; I asked
no surrender uf British rights. How far the efiecli
of this measure have been defeated by events ia
this country, appears very obvious to my mind.
How does It happen' that Mr. Pinkney, as laie as
July, had every reason to believe the British Gov-
ernment would accede to a proposition which has
beet) since rejected 7 How does it happen that
their tone has been so suddenly changed? This
alteration could not have been caused by the
events in Spain, because ihey were known previ-
ous to that lime, and the change was too abrupt
10 have an entire connexion with tlie. state ot
things in Spain and Portugal. Sanguine calcu-
lations were entertained that the United Slates
would he dismembered, and your Government
destroyed. This was the common prophecy of
newspapers and pamphlets. The author of
" Hints 10 both Parties." no less a man than Mr.
Marriol, a Minisierial member of Parliament,
sagely remarks, that the Chief of your Guvera-
ment must follow the fate of Paul, when Russia
and Great Britain were at war; that he is mis-
taken (as my colleague Mr. Randolph declared)
we all knuw ; but the effects were the same as if
the calculation had beeo correct, because the Min-
istry had acted upon it, assumiug ii to be a fact.
But this writeris certainly mistaken inassimilaiiDg.

.yGoogIc

mSTORT OF CONaRBSS.

622

Decehiei, 1808.

Foreign Relalioiu.

H. OP R.

ifaij GoTerament to th>tof Ruuia. Tbough it
voaldbe easy to take off an individual in ibis
eouotrj, it will be found iafinilely more difficult
to effect a revolution in its policy. The descruc-
lioa of one man would not chsugc the temper of
the people, or alter the policy of the Natiouil
Conncili. While I regret the effects produced in
Enrape by the intempersnoe of our own people,
■ndtke shameful misrepresentations of ike pa-
jtenaod foreign eiiiiBsaries, lam far from ques-
lianiagibe right of the people in every section
of the eouDlry tO' speak what language, and to
jcive vfaat tDlelligeiice tbey please to foreign
PaweiB. It is one of the evils arising from our
pal Iticil institutions, but which is counter balanc-
ed by the. good effects which the liberiyu>r the
pms produces. It is, however, luroentable that
IbeeiseDital interests of the country have been
sacfiWd by retardiug a seltlemeDi of our differ-
There is one fact which proves that the calcu-
IstioD of the British aovernmeul on our divisions
has been decisive in her Conacils. I mean the
proclamation inviting the violation of our embar-
go laws— aSbtding proieclioD to those who resist
the authority of the law. Is this the conduct to
be pursued toward us hy ■ nation professiog
ftiendsbip? Is it the conduct of one civilized
coDDlry lo anoiberl It is not, and cao only pro-
ceed from the delusion produced by I he reports
of individuals who have been scattered through
this country lo eogeuder mischief. Mr. Canning
■peaks this laog'uage, as if his hopes of rebellion
were eonsum mated. He evidently considers us
roin 10 pieces, incapable of resistance, and obliged
tofalla victim to their policy. But I trust there
i) a redeeming spirit which will avenge the
vrongsof this injured nation. There has been
mother effect produced hy the embargo, ootwith-*
■taadiag the shameful evasion of the law. The
price paid in the West India islands for your
pTod acts, some of which are essential to exist-
ence, and al! necessary to comfort ; this price has
heen extravagantly high, and milxt have been in-
jntious to the planters, who, while they found the
meiDi nf veodiBg their produce limited, were
compelled to pay for articles of foreign growth,
high prices, and exchange their own below the
usual pcice, which, even at its common standard,
afforded DO profit. ' In Great Britain herself, as
^> expected, the gradual advance on the price
of ill the raw maleriats for her manufactures, has
Dot ddIj' embarrassed their operations, hut thrown
IhoQfands out of employment; the effect has kept
pace with the exhaustion of the stock on hand
when the embargo was laid.

The plan proposed by the gentleman from New
fork, (Ur. Mdhford,) for permitting a trade
*ilb Spain and Portugal, would be far from af-
fording adequate rejieito tbe great and important
interests concerned. Your ex|Dorts to Spain and
Portugal do not exceed four million of dollars in
domestic, and sixteen millions in foreign produce^
Supposing this commerce free, what would be
the effect of prosecuting it ? Do you think, in
|he present slate of things, you can come into.

competition with the Spanish. Portuguese, and,
British vessels? I apprehend not j for it will
unquestionably be the policy of the new Govern-
ment to favor their own navigation, and that of
the British nation, with whom they are in alli-
ance, in preference to another. And, let me tell
you, by this moment, their markets have been
glutted with foreign produce by the English, who
are convenient, and have, themselves, a supers*
buudance. 3ut, have you any assurance that the
present state of things will continue 1 Suppose
your vessels were to clear out for ports of Spain
sod Portugal; is there any certainly you would
not find them occupied by French troops 7 And.
in that case, an unprincipled confiscation of all

g>ur property must belhe immediate consequence.
esides,nowdo yon know, these countries are
not within the scope of the Orders of Council?
All you know upon this subject, is a conversation
Slid to have passed between some merchants and
Mr. Canning. He tells you, to be sure, it is not
impossible some relaxation of the orders, not cal-
culated to impair, iheii rigor, but to accommodate
ihem to neutrals, may take place. You under*
stand pretty well, from experience, what these
favorable modifications mean. I shall presently
have occasion to speak of Ihem. You rely, then,
upon a converaalion. in which a British Minister
has undertaken .10 do — what? To regulate tbe
trade between this country and an independent
nation — (for it must be considered independent
until subdued.) He tells you, that you may carry
direct your own, and the produce of the Spanish
and Portuguese colonies, and bring back the pro-
duce of those >«oun tries in return. This boon,
seized upon here with avidity, is stamped with
assumption of authority, subversive of your
lional independence. If it rests with them to
regulate your commerce at their pleasure, what
pledge have you, when it conflicts with their in-
terests, they will not curtail it? How are you to
satisfy the scrupulous consciences of the Admi-
ralty Courts, that the sugar you carry was raised
in Cuba, and not in Martinique or G-uadaloupe 1
And, if yoH succeed in this, i thousand pretexts
will be found by the learned crafts of Doctors'
Commons to rob you of your propertv. When I
talk of the security of our trade, I talk of a non-
entity. It is regulated by the single daSh of it
pen, and that not of your own Qovernmenl, but
of a foreign Power.

But, sir, gentlemen may attach some stability
to this indulgence, from the exception of the
Spanish and French colodies, in the Orders of
CouBcil. They have often adverted lo the fact.
and the British Government itself has not failed
to press it upon you as a proof of her favor, and
a new claim upon your gratitude. The truth is,
she 'was pursuing her own interest; she was more
concerned io the trade to the colonies than you
were yourself, for which your merchaola exported
only four or five millions in native produett.
They became factors of the British, and circula-
ted nearly twenty millions of English goods,
which could not otherwise find entrance into
those ports. Is it not easy to discover what waa

.yGoogIc

Hi

HISTORY OF CONGRESS.

Foreign Rdalioiu.

DSOEHBBR, 180B.

I these

yitur*, were promoird by it. No; shi
«TeB permit y«U to seek ■ market for your indem-
■kiflcaiion after serviDg her. Non she can go
(bete directly, and letl her goods without your
BuistBPce. What follows? Doei she cogiuli
your iuiereil by permittios yoo 10 carry on the
trade open to her own metcbants 7 No, sir, and
if any doubt* remain, let me call your aiieniioD
to the late proclamatioD, blockailiog the French
We«l India islands. We have devpaiehea from
England down to ihe 25ih of September 1 at that
time there was no intimation to your Minister,
and not a whisper in the political circles, of this

ihias, and suddenly, when it was supposed in
Ungland (in the laoguagt: of the (cenllemnn from
Massachusetts) "that we most lake off ibe em-
bargo." you see a proclamation dated only Gfieen
days later than the latest dates Irom England,
decUrin;; that every vessel goin^ to the French
West India islands, shell be liable to seizure and
aondemnalion. What language dses it speak 1
What policy does it evince? To my miad it
presents a train of reftections, to which I am un-
willing to give ulleraoce, and apply the appella-
tion which the transaction deserves. It is insidi-
ous and hostile to its utmost extent. Suppose
theeenileman bad moved to take 0? t be embargo
the first of the session, and had succeeded by the
tempting promise of this trade. You well know
the Frenca islands have been literally ruined by
the embargo. They have not been, like the islands
of His Majesty, supplied by the infractors of thi
law, principally British agents, through Canada
and .Nova Scotia, with provisions. Every ves-
ael laden with flour and provisions would have
ahaped her course 10 these islands, where there
was the greatest scarcity, and the greatest proba-
bility of proSt 1 and by this "unfoftuoaie eoa-
cnrrence" between the removal of the embareo,
(as was expected in England.) and the procla-
mation of blockade, all your commerce in thai
direction would have been swept off and de-
stroyed. This blockade is of old standing, at
lea&t«s old as the petitions of the last summer —
it is dated the 14ih of October — delayed six days,
and bent by express for our noiificaiioo about ten
days afler the meeting of Congress, at which
time it was supposed the embargo would be
raised. It is said this exptess vessel met British
vessels going into Barbadoes as she came oat,
from whom the instructions were received. But
it is reduced to certainty, these vessels arrived on
the 2Dih, and the proclamation issued on the 14th.
Yes, sir, the nets were artfully spread, the sports-
men stationed, and the whole flock would have
been eaiangted and taken, but for the embargo.
Will gentlemen not take warning'?

There has been one observation made on which
I will make a few remarks, and but few ; bat
they are necessary to a fair and candid di
It has been said that we ought to have resisted
the Berlin decree ; that if w« had done that, we
should have been saved from our present
graeaUe ailuslioD, and have taken from Great

shall n

before tl

Britain a pretext for enforcing her Order* in
Couoell. The gentleman from Messachusetts
defines submission to be the doing that which
you are commanded to do, and resistance in the
doing that which you are commanded not to do.
I thank him ; he is perfectly correct. 1 will use
his definition, and apply bis own principles to
this case. What said the Berlin decreel Yoo
: go to Great Britain, if you do France
e and confiscate your property. What
conduct? We did go to Great Britain,
shipments were nevertheless as great as
le decree ; we did carry on the forbidden
trade, and therefore, by the gentleman's own defi-
nition, resisted. Let us take another view of
this subject. In the note of Lords Holland and
Auckland.altacbed To the rejected Briiiob Treaty,
they tell us among other ibio^s, that if the ene-
my Hhauld carry these threats into execution, aof
the Uoiled States should acqoiesce, they should.
probably be compelled to retaliate in the same
way ; but disclaim the right to retaliate if the
French Government formally abandons, or tacit-
ly relinquishes them. What is tacit relinquish-
ment? Was there a single ease in which it was
executed, and known to u« previous to iheOrders
in CouDcil? Not one; and does not the fact,
that American vessels went from England to
France, as before, prove a tacit relinquishment 1
Certainly. Indeed so -far from its being.a tacit
relinquishment, it was a formal abandonment,
amounting to a positive and express acknowledg-
ment, that the decree was not io force against the
commerce of the United States. I have already
shown that England received no injury from the
operation of that decree, because we traded with
her as we had done before, and the retaliating
orders, admitting the right of Great Britain to
retaliate on her enemy through neulml trade,
could not exist until we had received an injury
and acquiesced in it. But so far from its being
known we had acquiesced, (he execution of the
Berlin decree, and the orders of the 11th of No-
vember, reached this country nearly at the same
lime. If OUT commerce had been vitally assailed
by this monstrous decree, and we had not effec-
tually resisted, I am not prepared to say how far
il would have been a departure from our neo'
trality, and would have jtistiSed the measures
adopted. Sir, I never would have submitted 10
it. You must remember I declared I would vote
against a general embargo, but that 1 anticipated,
from the British, measures quite similar to those
of France. We did our duty, resisted wbea at-
tacked by it, and I scout all idea that the people
would have submitted, or that any man would
have proposed such submission. You hear no
apology for France j you bear no palliation of
her outrages, or disguise of her views, and you
see every man ready to exert the energies of the
nation to avenge the wrongs of ihe country.
Take the Orders of Council in another point of
view : they profess to retaliate on France through
us, because we have permitted her to atiack our
rights. Why then were they not conflned in
iheit operation to France; why did they com-

.yGooglc

525

HISTORY OP CONGRESS.

Dgcembbr, 1808.

fbreign Relations.

H. OF E.

prFb«nc) nationi with whom we were id bt
and Tron) whom wb had recelred do injury?
Will aoy persoD say we ought to hare gone to
war with Russia, DeDinark,and Sweden? You
tit boaod to collider tbesi: Datinos independenl,
and treat them aa tuch, while they tDinirest no
jiapositioa to change the subsiMintr relaliona be-
tween us, and refraia from hostile acts. The
onlimited scope given to the Orders in Couocil,
mBDifefily allows the retalialinn on France was
a mere preteil. Bat if the object of QreatBrit-
lin was really reialiatioQ on France, how could
she get oTer the proposition msda by the Got-
crnmeDt or the United States to continue the
embargo as to France, and cemoTe il as to Eng-
land, pro Tided she would withdraw her Orders
in Council 7 This would hare been a compli-
ance with her requisition for resistance to the
Berlin decree, and destroyed all ground for the
eontinuaiice of the orders. But here we are
told that our Government has offered to comply
with that, which \i they had done in (he Srsi
ins la nee, would have saved us frotn difficullies.
This is indeed a strange inference: tbet England
would bare acceded to the proposition formerly,
because she now rejects it. Sir, the Uailed
Stales can never consent to give aulhorily lo
that unlimited right of retaliation whirh she
clattDs. , And so far from this offer being a com-
nliaoce with thai demand, it was an honest and
fair avowal of the conduct which ihe Oovern-
ment wonld purtae toward* France, if left to
ilaelf. It was honorable, sir ; and the rejection of
thai favorable proposition, connected with the
obvious causes of that rejection, convinces my
mind she does not want to be on good terms
with us. She thinks mote may be made in
another way.

It has been urged in the course ol this debate
that the embargo destroys all our revenue, and
that if we remove it our Treasury would be
again filled. What is the fact on this subject,
taking it upon their own ground 7 You inevitably
loae upwards of a millioa of dollars collected by
way of drawback, on articles te-eiported from the
United Slates for consumption in foreign mar-
kets; the obstacles ititerposed by the orders, and
the imposition of a transit duly by act of Par-
liament equivalcnl to the duties remitted iu this
country, cut oS* at once this amount, it i.i pock-
eted elsewhere. Again, we have hfreiofore de-
rived a revenoe from all that part of our itnpor-
taiioos which is from the Cootinent of Europe,
and every other part of the world not included
in the Orders of Council; the impost derived
from this trade, and the means which it aSorded
of paying revenue into the Treasury are at an
end, nor could it be resumed by raising the em-
bargo. 1 will venture to assert these losses con-
Btiiute one-half of the revenue; they are irre-
trievably lost while Europe oonlinuGB in its pres-
ent riale. Again : Suppose you continue to trade
with England, how would your revenue derived
from the consumption of her manufactures stand
affected 7 Grant that one-half of ouf revenue is
now collected from (he coimmeree with Great :

Britain; if (he produce of this coun(ry is re-
duced (o a mere drug by being res(ric[ed to her
pons, (and I have shown ihatwould be the case,)
could you continue to consume her goods? It is
an established axiom in trade that the exports
and import) must always bear an exact propor-
tion, and it is ridiculous (o suppose (he use of
foreign goods would continue after the means of
payujelii ceased to exist; in other words, the ex-
change of labor between the two countries would
be too unequal to last. In a short time even
(ha( branch of revenue would dwindle in lo in-
significance; it would not replenish (he TreBs-
ury. Thus, sir, take these edicts and Orders in
Council in any possible point of view, their oper-
ation upon your commerce is exdusion from the
continentil market, Ihe destruction of your rev-
enue, (he lessened value of the produce of yout
soil, and (he prostration of your fisheries and
navigation. Enterprise cannot continue when
every avenue of commerce is cut off; in short
tbey produce the very evils which gentlemen
wish to charge on Ihe embargo. I have endeav-
ored to consider this question as a qaesdoo of
pecuniary calculation altogether, and it Is so
clear to my mind, that there does not exist a
[emp(ation (o sacrifice the honor and independ-
ence of the United States, that I am ailunisfaed
gentlemen can take any other view of the sub-
ject (ban tha( 1 have taken. To lake off ihe em-
bargo at this time, while the decrees of France
and the orders of England remain in force, with-
oai adopting some other measure equallr effi-
cient, would be to submit to the meanest degra-
datiooj It would be sending your properly to
certain ruin, exposing it to Ihe lawless spoliation
of every pira(e with which the ocean is infested,
without the means of resistance or the hope of
justice. If you do not now take a stand for your
rights, when will you? Can the occasion evet
he more urgent? It would be vain hereafier,
when you have yielded, and the nation is habitu-
ated to foreign domination. Do you flatter yoar>
self that your grievances will close here? Yon
Will be mistaken ; it is not the nature of power
intoxicated with success to retract i(9 encroach-
ments, or commercial avarice (o relax its preten-
sions. The little you now have will soon be
claimed, and what you have already yielded,
will furnish the pretext to enforce your compli-
ance ; you will not even be remonerated by pro-
fit for your disarace. It is not a time when sub-
mission is entitled (o moderation, or concessions
insure forbearance. Our agriculiure must con-
'inueasilnow is until some new direction be
given (o the destructive tempest, which renders
il almost impossible to navi^te (he ocean. I
know that the operation ot our .measures is
strong, (hat every man must feel (hem more or
less, and the plainest caicutadons cannot quiet
the restlessness of pecuniary embarrassment. But,
sir, while I capdidly believe the members of this
House feel their full share of the public pres-
sure, ((hat at least is my case,) and are honestly
governed by what they believe the interest of
ibeconntry, I cannot but rely npon the patriot-

.yGoogIc

627

HISTORY OP CONGRESS,

H. or R.

Foreign Relalioru.

Deoehbbr, 1808.

ism of the people. Let geDilemen. iberefore, '
who disapprove of ihis sysieni, come forward and
say what they thiak best to he doae. They owe
it to themselves, »ti6 their coostitueiiiB, and they
CBDnol withhold iheir eouDselt without Tiolaiiag
a sacred duly they are pledged to perform. Let
ibem do this iDsteBil of dividinfc and diiitractiug
the Qoveromeoi, and weakenioe ibe Diiioo ; they
ara Americans, and oDj|ht not lo sacrifice the
national rights to the pride of parly. As to the
embargo, show me someihiDg belter, and I will
retract like an hooesi msD, aod adopt it. I do
not consider myself precluded from a choice of
measures because I once voted for ii. There is
no object to which 1 sisnd pledged but the tafety
of the oaiion, and no system but that which will
most certaiuly promote it.

My colleague has said we are called on by
erery sense of duly we o^e to oartelres and
country lo unite and annoy our enemies, and
make ihe sirongest possible impression upon
them. I agree with him. It is lime to retaliate
the aggression and injuries of which we have
been so long ihe victims. This is ihe only way
to change their temper, by retorting the evils of
their own injustice'; some foreign magic must
have withered his brain, and that man must be
under ibe influence of foreign Government* who
will not go all lengths to support ihe honor of
the nation. It is to be' regreiied our harmony
haa been disturbed by ihe iairoduction of subjects
not CO a nee led with the eiisiing state of things,
or calculated to meet future difficulties. Union
would be more promoted by looking proapeciive-
ly. As to those measures alluded' lo by genlle-
men as the cause of our present dit&culties, they
pai<sed before 1 bad a seat on this Qoor. and with-
out any participalion of mine. Can there exist
a doubi that the crisis has arrived when we must
take care of ourselves, and keep lo ourselves?
Every mode of insult to the naiioa haa been
tried, and even your public Ministers have come
in for tbeir full share of neglect. As to keeping
them any longer in Kuropa to be writing notes
and papers, it is out of the question ; for one I
am prepared ID go along with my country and
share iis fate. I shall vole for the first and third
resolutions, because we cannot without dishonor
anbmii to the Qagranl violation of our neutral
rights, and because we should be prepared to de-
fend them. The second, excluding armed ves-
sell, shall also have my approbatLoa. I am wil-
ling to place the English and French upon the
same ground. Their conduct has forfeited all
claim upon us to the hospitality and protection of
our waters. I am disposed to exclude ihe pro-
duciioDS of both, and cut off alt intercourse until
they are disposed to renew it upon terms of
equality. As fat this measure injuring England
more than France, we cannot belp ihat ; but it
ought to be recollected ihal it has not been long
lince we were told by ihe British themselves, all
their efforis to injure France were vain, while she
enjoyed ihe benefit of the American conlmerce.

The third resolution, in the following words,
having beeit read : ' ' i

" Retohed, That mBtanrM ought to be immediatdj
taken for placing the countiy in a mora complete state
of defence."

Mr. Randolph said he supposed ihat ihis was
a resolution lo which there might probably be
but little opposition ; but at ihe same time he, for
one, should lik» to know what were ibe details
connected with it.

The Chairman aiked if the gentleman from
Virginia wished to bear the report read.?

Mr. Randolph. — Very far from it, sir.

Mr. Nicholas said, as ihe chairman of the com-
mittee was not present, and he felt at all limes
disponed lo give any information in his power,
he would slale what he knew on the subjeel.
The silustion of the United States being at this
time ctitieal, and as it was possible if not proba-
ble that war would ensue, Mr. N. said it had
been bis opinion, and that of the select committee,
that we should be prepared for it. It had been
doubted by ihe committee whether this -subject
came properly within their province; but it bad
been tne opinion of the majority that ii would be
proper for ihem to express their sentiments on the
subject; with an idea that if the House should
concur, the resolution might be referred to ao-
other commitlee, whose business it would be lo
procure such delails from ihe departments as
would enable ifaem lo make the proper arrange-
ments for carrying ihe wish of the House ialo
effect.

The resolution was agreed to, turn. eon.

The Commiilee then rose ajid reported the res-
olutions to the House.

The House proceedad to consider the said re-
port at ihc Clerk's table : Whereupon the first re-
solution eoniained therein being again read, a mo-
tion was made by Mr. Dana, to amend the same,
by inserting between ihe words " submit to," and
the words '' ih* late edicts of Qreat Britain and
France," the following words, ''abandon the
navigation of the ocean in consequence of;" and
on the question, that the House do agree to the
said amendmenl. It passed in the negative — yeai
26, nays 96. as follows:

Yxii — John Campbell, Epaphroditos Champion,
Martin Chittenden, John Colpeper, Samuel W. Dui,
John Davenport, junior, Jimeii Elliot, WiUiam Ely,
Richard Jackson, Robert Jenkins, Thilip B. Key, Jo-
■vph Lewis, jun., Edward St. Loe Livermore, Edirud
Lloyd, William Milnor, Jonatbaa O. MokIj, Tiuii>-
thy Pitkin, jun,, Josisb Quiac;, John lUndolph, Joba
Russell, William Stedmsn, Lewis B. Sturges, Samuel
Taggsrt, Benjamin Tatlmadgc, Jabez Upham, sad
Killian K. Van Rensaelser.
i Nits— Willis Alston, jun., Elekicl Bacon, Dsvid
Bard, Joseph Barker, Bumell Bueett, Wtlliim W.
Bibb, William Btactledgc, John Blake, junior, Thomas
Blount, Adam Boyd, Jobn Boyle, Robert Brown, Wil-
liam A. BurwEll, William Butler, Joseph Calhoun,
Matthew Clay, John Clopton, Orchard Cook, Ridisrd
Cutis, John Dawson, Josiah Deans. Joseph Deihs,
Daniel M. Durell, John W. Eppes, WilUam Pindtey,
James Fidt, Meshick Frlnklin, Francu Gardner, Tho-
maa Gholson, jun., Peterson Good wyn, Edwin Grsj,
Isaiah L. Grven, John Harris, Jotm HeUter, William

Helou, WiUiam Hoge, Janes Holland, David Holmes.

.yGoogIc

HISTORY OP CONGRESS.

Decchbeh, 1808.

Fortign Relation*.

Thomu Kenan, WiHiim Kirkpttiick, John Lnmbert,
Jaha Iiove, Katbaaici Micon, Robert Marion, WilliBm
McCreeij, Daniel Montgomery, jun., John Montgom-
iTj, Nicbo[BB R, Moore, Thomaa McMro, Jeremiah Mor-
row, John Morrow, Gurdon S. Mumford, Roger Ne!-
«1D, Thomas Nenbold, Tbomai Newton, Wilaoa C.
Nicholaa, John Porter, John Rea of Ponejlvania, John
ShaaofTenDauee, Jacob Ricbarda, Mattbiaa Rjcbarila,
Samuel Riker, Benjamin Skj, Ebeneier Seafer, Bam-
Btl Shaw, Jameg Sloan. Dennii Smelt, John Bmilie,
itdMliah K. Smith, John Smith, Samuel Smith, Henry
SodtharJ, Richard Stanford, Clement Slorer, Peter
SwiTt, John Taylor, John Thompaon, Abram Trigg,
GemjB M. Troop, Jamsa I. Van Allen, Philip Van
Cortlandt, Archibald Vaa Horn, Daniel C. Veiplanck,
itax Wharton, Robert WhJtebiU, luac Wiibour, Da-
•id R. Williams. Aleiandor Wtlaon, Nathan Wilson,
■Dd Richaid Winn.

Mr. DANAspokeaeainst lb« propriety of introdu-
(ici|:ihe resolution, but did not oppuae ita paasage.

Mr. Tatlor replied.

Mr. D. R. Williams called Tor a diriaion of
ihe question, so aa to expres-i the sense of the
HouK a> to the edicts of each belligerent, sepa-
nielf.

Mr. MosBLT said, he should, at this lime, make
iTerf few remarks only, as applicable exclusively
10 Ihe resolution.

He observed, that it appeared to him very ain-
Eular and extraordiaBTy that, at this period, the
House sbould be presented w:lh the abstract pro-
pDsiiioD coniaioed in the resolution, that the tJni-
led States cannot, without the sacriace of tbeir
rigbts, bonor, and iadependeDce, submit to Ihe late
(diets of Great BrKaiti and I'' ranee.

Sir, said be, the obnoxious edicts alluded to in
this resolution were aa well known and under-
stood months prior lo the close of the last session
ofCoDgrrss, as tbey ate now.

Why then should it now, for the first lime, be
thought requisite lo make this declaralioa. If
inch a declaration could be deemed necessary to
show ont spirit it certainly seemed to him to
come with a very awkward grace at this time of

Bat he considered the resolution itself as rather
a harmless thing. It may admit of Tarious con-
Urticiioo]. At all erenta, he said he perceived
nothing Tery alarming in it. -.Il can "break no
roao'sfeg, nor pick no man's pockei." He pre-
sumed ii was not iniended or calculated to ex-
pose the nation to ibe waste of much blood or
treasure, from any hostile re:>istance to their edicts
which was to result from the adoption of ibis re-
tolution.

Indeed, said he, if this resolution were tote
presented lo the public, disconnected with Ibe
reasoning in the report, and with no explanation
ofits meaning; it would, as ba^ beeo remarked,
be regarded by a great proportion of the people
as a pledge for the repeal of the embargo laws.

These laws, by compelling them to abatidon
the ocean, tbey consider as producing that very
snbmissioo ainl sacrifice of the righls, boom

independence of the nation wbich this resolution

Inbiead-of viewing tbeir present situation in
the light of a dignifien retirement, as some gentle-
men are pleased lo term it, they do conceive it as a
dastardly relinquisbmeal of ibeii iocootestable
rights. But those who voted, for the embargo
' 1 who are slill for continuing them, it is

,umed, entertain no such ideas. Finding,
however, that others do, and that such sentiments
tioually becoming more prevalent, it was
perhaps thought prudent and proper lo have a
general declaration of this sort, as explanatory of
tbeir own views of tbeir own measures. If this
be all, Mr. M. said, be certainly felt disposed, on
gratify gentlemen whenever it
could be dune without injurious consequences.
His greatest objection, he said, was an apprehen-
sioD that we nbould diminish our own dignity,
and expose otirselves to ridicule, by sayiog so
much and doing so little. He feared that foreign
natioQB would begin lo conclude, that they had
nothing lo appreliend from us, but prcclamations,
paper resolutions, abstract propositions, and me-
nacea without meaning. However, he said, he
believed, when called upon, be should give bis
role in favor of the resolutioo.

Mr. Qardenier said that he should probably,
on the present question, be in a very small minor-
ity ; and this being the case, he felt an anwilling-
neaa lo vote, without at the same time aaserting
the principle on which he opposed it. He was
opposed to it for two reasons >lirst, because ilwas
legislating on an ahslracl proposition, resolving a
certain thing which could not be disputed; and
secondly, because no definite consequence was to
result from tlie adoption of il. One gentleman,
said he, asserts that the adoption of this resolution,
if followed by any consequence, will be followed
by a repeal of the embtireo. Another gentleman
considers the adoption of the resoJutign as pledg-
ing the House and nation to the approbation and
continuance of this same embargo law. Then il
is legislating on words without sigoificalion, entet-
ini7 into a resolution which subjects os to no spe-
; after it is passed, binds us lo nothing;

for 0

zenllen

e for this resolutio

because in consequence of it be considers ibe
House bound to repeal tjie embargo. Let the
members of this House look for one moment lo
the ridiculous consequence of voting upon an
abstract proposition which is followed bv no con-
sequence, wnich decides no question, which ties
us down to no course of proceeding. No indi-
vidual commits himself on any point in contro-
versy by voting on this resolution. Therefore,
Mr. O. said it was an idle and useless propositioa.
It appeared to him to be below the dignity of the
House to vote for or against it; and if he knew
any way in wbich the question could consistently
be evaded, he should pursue that course in yre-
ference to the vole which he felt himself obliged
to give. In thK view in which he considered this
resolution, he could not tee how men, legislating
far the good of the nation, could bring themselves
seriously lo vote for such a pioposition. It is not

.yGoogIc

631

HISTORY OF CONGRESS.

H. or R.

Foreign Relation*.

Decbmbcb, 1808.

onlf idle, said he, but in my mind it is not issert-
iog tbe dignity of this House, and of (he nation,
to pass a resuluiiun eipreased in ihe'terms in
which Ihiii is eipressed. "Resolved, That the
' United Slates cannot, without a sacrifice or ihi
rights, honor, and independence, submit." The
United Stales cannot submit to anything, sir
moment we (ubmit, thai moment we bavi
more righti, bonor, and independence- I had
thought, as an American citizen, that to Submit
JD any case, was to relinquish (hose peculiar

B'ivileges which distinguish tbe citizens of ibe
hited Stales from all others; I should, therefore
as soon think of bringing forward a rrsotutioD foi
the adoption of this House, that it is a relinquisli-
ment of our ri^^bla and independence to submit
si all, as that it is such a sacriRce to submit to tbt
edicts mentioned in Ibe resolution. The proposi-
tion then amounts to this: that for tbe United
Slates to submit is to sacrifice their indenendence.
And who disputes it 1 No one. In this view ol
the subject, therefore, the adoption of this resolu-
tion would seem to imply a doubt whether this
nation has shown a disposition to resist the ag-
gression of foreign Powers. If tbe fact were
really so, if we had been in tbe habit of sabmit-
ting to insults and aggression, at any rate I would
not wound the feelings of this injured people so
much as to pass a resolution which should implr
that it had been the case; for if any possible practi-
cal utility can re!!ull from the ailoption of this
resolution, it would be this and this onlyr that
inasmuch as our conduct hitherto had been cal-
culated to impress foreign nations with an opin-
ion that we would submit, it has become neees-
sarv to declare that we would not submit. Now,
is this country placed in such a situation, either
by tbe conduct of the Administration or its oppo-
nents, that a new declaration of independence nas
became necessary? Has the spirit of '76 travelled
back sc far as that it Is now necessary to declare
that we are independent 1 If this were seriously
a matter of doubt, in such a case I might'be in-
clined to adopt such a resolution as this. But I
do not think so- Tbe spirit of independence isas
broad awake as ever it was; it is as warm and
glowing as it wa.i at tbe battle of Bupker's Hill ;
and, therefore, certain as I am of ibis, I am not
prepared to give my assent to such a proposiiioo;
because I think its adoption calculated to carry
with it an expression of doubt as to the matter
which it resolves to be true. When the Declara-
tion of Independence was made in '70, we were
not, immediately antecedent to that period, iade-
peadent. That the character of this nation might
be jusli^ estimated, it became necessary that a
. declaration ofindepecdence should be made. That
was made; and ever since that time it has been
anneeetsary to declare that it did exist. I see
nothing in the temper of the people at this lime
which is calculated to make me fear that they
mean to reltnijuish their independence. I will
say that in neither of (he great parlies in the
country is there any disposition to relinquish it.
In the party whii:h I oppose, 1 do not believe that
there extals any design to surrender our independ-

ence, aliboB^h I believe their measures destrnc*
live to the interests of the nation; and in the
party to which I belong, (and the being' attached
to it is a circumstance in which I feel more pride
than in anyotherj lam certain that no such dis-

There is a
lor passing this resolution,
to foreign nations that any
curred which rendered it
that we are an independent ai
pith of the proposition.

Four other members liiing

(he

favor of (hi
question, it Was put in this form-

's &5.

nbe n

if the pre-

,— " Shalt

put?" and carried—

O-speak at this time, and an
• by some gentlemen on the

Mr. Rhea rii

objection being
ground of ordet

Tbe Speaker declared it his individual opinioB
(ha[ debate was inadmissible after an affirraalive
decision of tbe previous quelliou ; but that the
House had at the last session overruled bis opin-
ion, and be fell himself obliged to yield to their

Mr. D. B. Williams appealed from this decis-
ion, permitting debate after a decinion of (he pre-
vious question, on the ground that it w«s con-
trary to the rules of tbe House.

Much debate look place on this appeal, and Mr.
Randolph called for the yeaa and nays oii it.

Before they were taken, no wever, a motion was
ihadc to adjourn, and carried.

Fbioay, December 2.
Another member lo wit: Evan Alsxahdib,
from North Carolina, appeared and look his seat
in the House.

Mr. LEwi'B,from the Committee for the District
of Columbia, to whom was referred, on the six-
teenth ultimo, a petition of sundry inhabitants of
the City of Washington, presented on (he tenib
of November, one thousand eight hundred and
seven, reported a bill to incorporate a company
for opening tbe canal in the City of Washington;
which was read twieeand committed to a Com-
mittee of the Whole on Monday next.

Mr. KEWTON,from the Committee of Corameree
and Manufactures, to whom was recommitted, on
the twenty-second ultimo, a bill authorizing (he
President to employ twelve additional revenue cut-
ters, reported an amendatory bill, auiborizine the
President to employ an additional number of rev-
enue cutters; which wa.s read twice and com-
mitted to a Committee of the whole House to-

Mr. Jeoediah K. Smith presented a petition
of S*MnEL MoBEY, of (he Slate of New Hamp-
shire, prayiog that tbe patent heretofore granted
to the petitiooer for sundry iuiprovemenis made
by him on steam engines, may be extended to
such farther time as Congress in their wisdom
may deem proper. — Referred to Mr. Jbdediah K.
Smith, Mr. Uphah, Mr. Matthias Rioharob,
Mr. GooDiTTK, and Mr. Holland; to examine
and report tbeir opinion thereupon lo the House.

.yGoogIc

63S

' mSTORY OF CONGRESS.

fbragn Jttlatioiu.

The Sfeiker preseoied to ibe House sundry
proeMdiDgs of the Grand Jury for Ihe county of
Si-Clur, iQ the Indiana Territory, at a term of
iheCircoit Court held in the month of October
last, itatiog certaJD grievance to which the in-
habitiDis of the said county have been and are
Dov subjected from the connexion subsisting
Kiih tbe couDliy lying eastward of the river
Wabash; and prayinesucb relief in the premises
Is to ibe wisdom and justice of Congress shall
Ktta meet — The proeeedings were read, and or-
dered to lie on tbe table.

A Message, reoeiTed yesterday, from the Pre-
udeat of tbe Untied States, was read, tratismit-
tiag a report from the Surveyor of the Public
BniliiiDgs, of tbe progress made OD them during
the list season, of their present state, of tbe ex-
peodiiures incurred, and of those which may be
rtqaiii[eforiheirfartherprosecutioii.-~Ordetedlo
lie on tbe table.

FOREIGN RELATIONS.

The House resumed the consideration of the

Socition on an appeal from the decision of the
ihair which wbh depending yesterday at tbe
lime of adjournment r Whereupot), the said de-
cision beiog again read in the words following, to

"ThstiConforoiabtylathedetarminatioDoftheHonH
on Ibe GA«enth of December tut, it did not preclude
debtte on tbe main qnation."

And on tlic question, "Is the said decision of
the Chair correct?" it was resolved in the affir-
Ditive— yeas 101, nays IB, as follows :

Tiis — Etbh Alexander, Lemuel J. Alston, Exehiel
Buon. Joeeph Barker, William W. Bibb, John Blake,
jin., Thoma* Blount, Adam Boyd, John Boyle, Rob-
Hl Brown, William A. Burwell, William Butler, Jo-
KphCalhonn, Epaphrodilui (Jhampioni Martio Chit-
tenilen, Matthew Clay, John Clopton, Orchard Cook,
Jofan Calpeper, Bamnel W, Dana, John DaveDport,
jiiD., John Qawaon, Joaiah Dmne, Joseph Deaba. Dan-
iel M. DuieU, James ElUoC, William Ely, John W.
Eppn, William Findley, Hcshaek Franklin, Barsnt
Gardenier, Fraiicia Gardner, James H. Gamett, Tho-
■u GhoUoD, juo., Peterson Uoodwjn, Edwin Gray,
Isaiih L. Green, John Harris, John Heisler, William
Hrims, William Boge, James Holland, Daiid Holmes,
Benjimii] Howard, Rcnben Humphreys, Daniel Ualej,
John G. Jickaon, Richard Jackson, Robert Jenkins.
Walter Janes, Thomaa Kenan, Philip B. Key, Joseph
Lc'tijDn., EJwaid St. Loe Livermote, Edward Lloyd,
Jobn Lore, Robert Marion, William McCreerj, Wil-
Jiam MilnoT, Daniel Manlgomei7, jun., John Mont-
pneij, Nicholas R. Moore, Jeremiah Morrow, John
Morrow, Jonathan O. Moaely, Ourdon 8. Mumford,
Thomas Newton, Wilson C. Nicholas, Timothy Pit-
kiQiJun., Joaiah Quincj, John Randolph, John Rsa of
PfnnsjlTania, Jacob Richarda, Mstlhlas Ricbanis, John
Kuisell, Benjamin Say, Samuel Shaw, James Sloan,
Dennis Smelt, JededUb K. Smith, John Smith, 8am-
nel Smith, Henry Southard, Richard Stanford, Wil-
ban Sledmsn. Lewie B. Stuigcs, Peter Swart, Benja-
ttin Tallmadge, John Thompson, Abram Trigg, George
M. Troup, Jabei Upham, Jamea I. Van Alen, Philip
Via Corllandt. Archibald Van Horn, KilUan K. Van
Beniaelaer, Daniel C. Verplunck, Robert Whitcbill.
haie Wilbonr, Alexander Wilson, and Nalban Wilson.

Nits— Willie Alston, inn., Burwell Bassett, Wil-
liam Blackledge, George W. Campbell, Richard Cutta,
Jamea Fisk, Nathaniel Macon, Joeiah Masters, Roger
Nelson. John Porter, John Rhea of Tennessee, Samuel
Riker, Ebenezer Seaier, Clement Storcr, John Taylor,
JeasB Wharton, Daiid R. William), and Richard Winn,

The question then recurring, that the House do
agree to so ranch of the first resolution reported
from the Committee of tbe whole HcUFe^ as is
contained in the first member thereof, in the
words following, to wit :

'•Saolved, That the United States cannot, without '
a aacrifice of their rights, honor, and independence^
submit to the late edicts oT Great Britain :"

Mr. Rhea made a few remarks in support of it-
Mr. Ufbam made a few observations, going to
show that any gentleman might vote for or against
this resolution, under whatever interpretation be
pleased ; giving to the terms orit whatever con-
struction should best suit his ideas.

Mr. Jacksoh. of Virginia said, that the import-
ance of this subject bad been B[;knDwledged bj
all llie gentlemen who had addressed the Com-
mittee of Ihe Whole i they had admitted that thia
was a crisis which called for all the informa-
tion, talent, and decision of Ihe nation, which, ud-
fortusaiely for its best interests, were divided
iolo parties and subdivided, so as materially to
affect that strenpilb which ought (o be united.
The course of discussion whicn had been pur-
sued, neceisarlly resulted from the nature of tbe
subject, our foreign relations; everything con-
necled with them came bi fore the House in some
shape or other. And although tbe time of the
House might be employed on some things unne-
cessarily, according to his conception it would be
well employed in defendinfr measures which had
been condemned with a view to prejudice the
public mind; for it was not with the hope of
changing the conviclion of any member of the
House, but for influencing the people, that they
had been thus condemned. And as some geu-
tlemeu bad taken views of our situation which
were conceived by him to be incorrect, disingeou-
ous, and improper, he thought it due Id himself,
to the majority with whom he was associated,
and the people, to state the grounds on which
they acted, according to his conception.

We are scarcely permitted to touch the thres-
hold of this investigation, said Mr. J., when we
are called upon to laKe care how we act; insurrec-
tion is threatened, and an attempt is made to in-
fluence the House b^ representations of hostility
to the Government, in the Eastern people, which
only pervades the minds of those who represent
them. I know that watcbfulneM is characteris-
tic of a republican form of Government ; it is the
grand sentinel of tbe system ; and I should regret
to see the disposition to walch over and animad-
vert on the mcaiures of (he Administration, lulled
into a listless security. But it is not that watch-
fulness, disgracing the aoihors of m isrepresenta-
lions which have extended to every hamlet and
fireside in ihe country, that is proper, but a can-
did examination of both sides of the question.
I Audi alteram partem, is a precept founded on

.yGoogIc

HISTORY OF CONGRESS.

fR.

Foreign Belationt.

Decehbeii, 1808.

JDsIice and reason, and necessary to a correct ue-
cisioD. MiirepreseniBiioDs linve ^one forth lo
every quarter of the Union, and charges, reiter-
aled in some instaocesou this Boor, have operated
oa tbe public mind, so as to ciciie unnecessary,
unjust, and uQieasonable jealousies against the
Oovernment. Parly spirit, tbe baae of free goV'
ernments, a monatroUB excrescence growing out
of liberty, and threatening even liberty itself with
destruction, still eiisla in our country, and af^er
the unsuccessful ezt^"ment of seven yeats has
been made, it is in vain to expect todisanuit of its
antipathies and its malice. Its creai niaxim
aeema to be that the end will justify the means ;
and if it can attain irs end by tbe most dishonor'
able means, that they are justifiBblc. To this
source in a great measure maybe ascribed the
difficulties Itiis nation has to eacounter, and to
this source, foreign nations are unfortunately loo
much in the habit of looking ; to our opposition
prints and our opposition men, England looks
for support, and from them an idea has gone
abroad that the insurrections of the Yermootese
and the opposiiion in the Northeast would over-
turn the constlluted aulhorities ; and, if not by
the regular process of election, by revolution it-
self, a change would be made in the politics of
those who administer (he Government of the
United Slates. We know that it is (he wish of

lellieerents, who have swali
I of their inlermiriable dis|

in the vortex of their intermirisble disputes atl
the nations of the world but the United States, to
unite us [d ibeir cause. Each one wishes to form
more intimate connexion with us than those we
have with its enemy. This disposition is natu-
ral ; for when we look into private life, we see
individuals endeavoring to enlist those who have
no concern in the dispute among their partisans
in their personal contests. Besides this wish,
common to both the belligerents, a spirit of mo-
nopoly and jealousv of our commercial greatness
has seized upon tne Oovernment and people of
one of them. It is evident from the conduct of
Great Britain for manv years past, that she cannot
consent lo submit to the idea that the United
States shall be reaping the rich harvest of their
neutrality, while her thousand ships are scouring
every sea and driving everything trom its surface.
The commercial spirit of the people of the Uni-
ted States has been the canse of that jealousy ;
that spirit which in iu infancy was so eloquently
portrayed by Edmund Burke, which has been
80 essentially fostered by the measures of our
Government, has grown with our growth, and
strengthened with our strength. Oui hardy ad-
venturous seamen have proseculed commerce in
every sea, and reaped the most aJvantgeous
harvests appertaining to it. Therefore it isnatu-
ral lo suppose that with the jealousy excited by
our successful competition, and a knowledge of
her supremacy on the ocean, Great Britain who
wieldsiis trident, should be disposed that weshould
bow to its haughty mistress ; and though we have
not succumbed, every right appertaining (o us as
a neutral nation has been assailed in turn. Let
ui took at the injuries practised by Great Britain,

in relation to llieir effects upon the United Stales
in their national and neutral character ; and Grs(
with reference to those effects on ourselves. Our
citizens have been impressed, under a pretext that
ihey were British subjects ; they have been de-
prived oftheir liberty, seized andcErried from their
country, compelled to endure an arduous service,
and lo fight against nations with whom we were
at jieace. The colonial trade, which tended to
enrich our merchants, and from which we derived
a revenue of a million of dollars per annum, ins
next assailed by them, on the principle that they
hod a right to prohibit a trade with enemies' col-
onies not permitted in timeof peace. This attempt
todeairoy our commerce was enforced by aa ar-
bitrary and tyrannical interpolation of new prin-
ciples into the law of nations, giving efficacy to
the spirit which contemplates the pressure of in
rival in every i^uarter. We find (hat spirit In
Diher outrages, in relalioo to blockades notified
to us, made only on paper, enforced solely (owaids
neutrals, and which never existed in reality:
thereby cutting off trade with places which, by
the laws of naliuos, except actually blockaded or
invested, we have a right to carry on. By ihe
order of June, 1805, a very essential branch, of

tela were captured, although returning with inno-
cent gargoei, which were not liable to seizure,
upon the pretext that they previously had been
employed in a trade with contraband articles,
British outrages have been comiuitteJ not only
OD the high seas, but in our own harbors. The
case of Pierce, in the harbor of New York, is not
forgotten by you, sir, or by the United Stale*.
An American citizen, pursuing his lawful com-
merce within our own waters and exclusive ju-
risdiction, had his vessel fired upon, and be was
killed. The case of the Cambrian was one of tb«
same character; there the commanding officer
declared that be claimed jurisdieiion in our wa>
ten within the length of his buoys, and there im-

C rested our seamen, in defiance of the laws of
ospiialily and the laws of nations. We find
the exercise of similar pretensions in the case of
the Impetueux, a vessel belonging to a beiligereot,
stranded oii the coast of North Carolina, which,
though by the laws of nations exempt from at-
tack, because within the jurisdiction of a third
uod neutral party, was de^ilroyed by British ves-
sels. By the Order of January, 18D7, restraioing
the trade of the United Stales, from one port lo .
another port of the same, or another belligerent
enemy, a profitable brancn of our trade was anni-
hilated. In addidon to these, the orders of Novem-
ber n,1607,amauot to a declaration, in efiect, that
we shall not sail on (he ocean without carrying
our produce first to Great Britain, there paying a
duty, and receiving a license Io~carry it to its
place of final desiihaiion. The aiuck on the
Chesapeake was, at the timeof the commissioD of
the outrage, deemed by all parlies, if no( disavow-
ed, a jus( cause of war, and one whereat the pub-
'ndigDa(ion could scarcely be ajipeased with-
a resorl to war. The iovitaiion lo violate
embargo laws, toached upon by my colleague

.yGoogIc

HISTORY OF CONGRESS.

Decchier, laOS.

Foreign Relation*.

H. opR.

(Mr Bdhwell) feiierda/, connected wiiti all
ttiose lets which I have recited, man! fests a de-
t«rnirD«[ion od (he pan of Great Britain, that our

Cridc shall be humbled, the commerce which we
are enjoyed shall be destroyed} that we shall
bow to the supremacy of her thousand ships, and
that we shall doI sail on the ocean without her
permissiOD.

How is it when we cross over the water and
laok ii France 1 We find by the proclaraation of
Genera! Ferraad^an aliemptmade to regulate our
trade to St. Domingo, iDcoasialeDl with our rights.
The Berlin decree, declaring th.e Briltsh islands
ID a state of blockade, alihough ineffectual be-
csnse she ha.d not the power orcxeculing it, was
not Ins outrageous ihan man^ of the acts to
which I hare referred of the British QoTernmeat.
The Milan decree, which may be considered as a
supplement to ifae British orders, has endeavored
to extend the principle and to render more effi-
cient the measures of desiruclioo which are
aimed by both the belligerents against our com-
merce. A decree is- also said lo bare passed at
Bayolne, by which France attempts to execute
the embargo laws by seizing those Ametieao
Tessets which hare not returned home, and is of
the same character with the others. The burn-
ini our ressels is among the most flagitions of
the whole, for which no apology can be offered
eoTiiistent with reason and justice, and for which
no apology has been attempted but the impracti-
cability of keeping them in possession from the
iuperior naval force of Qreat Britain.

But we were told the other day thai a recapi-
tulation of the injuries which we have received
Krred but to blazon the dishooor of the country.
It is proper that they should he recurred to, be-
eaose they are the groundwork of our proceed-
ings, and it inipossibTe to keep them out of view,
•libough the recital of rhem may tend to irritate
and wound the feelings. But the reproach conies
illy from those who «ay that our "
chargeable with all thete misfoj
001 atiribntBhle^to ihe acts of our
we may call them (although not declared ene-
mies) who trample on our rights, add confisca-
tion to insolt, and murder to both.' And how is
this asnrlioD proven 1 Why, we are (old by Mr.
RiKDOLPB, that, in 1805-, when the Kempers were
taken from our territory by American citizens,
we hid sabmitted to the hostile tread of a foreign
nation j that our character has declined abroad
erer since; and that we ought to bare gone to
War at this time. What was the cast* of (he
Kempers 7 As well as I recollect it was this:
These persons had committed an outrage within
the Spanifch territories. They were either Span-
iih subjects or American citizens; (hey took ref-
uge within the American territory, and were
seized by American citizens and negroes, carried
out of our limits, and delivered up to the Span-
iards. And was this cause of warl Is it from
sDch cases as this (hat attacks from Europe have
been encouraeed t Should this natiou have gone
to a-arfor this act? No, sir; for the nation or in-
diridnal who is alive to (he insults of the weak

and pusillanimous, always hare, and my life on

lit, always will shrink from a contest with the
I powerful and the brave, and expose themselves
( (0 the imputation of cowardice. The act was
disavowed ; Governor Grand Pr£ denied that it
had been done with his cognizance. I recollect
seeing an account in the public papers during the
last summer, that some officer of the United
Slates had pursued deserters from oneof the gun-
boats'in the Mississippi within the Spanish lines,
there seized upon the individuals himself, ana
brought them within our jurisdiction, and re-
tained (hem in custody. Is there not a wide dif-
ferenee between this act, committed in a foreisn
territory by ourown officers, and theonecommitted
in our territory by individuals instigated by for-
eif^nersl And if there were no difference, would
this be considered by the Spanish Govemment as
cause of war against us? Would our Govern-
ment hesitate to disavow the ac(1 Certainly not,
as we do not claim the right of invading a foreign
territory for the purpose of seizing deserters; and
would the unauttionzed act of one of our officers
be cause of war against us? No, sir. Then as
certainly it would not be cau5C of war by us, un-
less indeed we act upon the principle that where
the enemy is weak and pusillanimous we must
take upon ourselves airs of resistance ; and when
he is great and powerful we must shrink from
the conQict. I therefore do not admit that a fail-
ure (0 make war for this individual offence was
a submission or a cause of the declension of out
cbaracier abroad. If it has declined at all, it is
in consequence of the unjust attacks made on
this Government and on the majority of this
House and ihe nation by enemies in our own
country. The nation which goes (o war for an
ignujaluui offence, will not !^ followed in it by
the people. They will understand the causes of
the contest; and when they find their Oovern-
men( right and their adversary wrong, then they
will rally around the public functionaries ; and I
believe iha( all honest and virtnous citizens of
(he coun[TV who understand the causes of our
present difficulty, (hough many are deluded and
imposed OD, will rally round their Government
at this lime.
, Not content, however, with saying (hat the
affair of the Kempers has been a cause of dis-
grace to the nation, the same gentleman has told
us that ihe non-importation law produced our
diflicultips; that he prophesied the consequences
of it, and his prophecy has become history. I
shall refer to documents which come in such a
shape and from such a source ae with the gentle-
man will be unquestionable; and I will attempt
to prove from (hem that he is mistaken. Mr.
Monroe, in bis letter of March 31, ISOS, says:

■' From what I can discern, I think that there is
much cause to believe that Mr. Fax has the beat dis-
position to settle our dilTerences on just principles, bmt
it must be recollected ihst some other of the raemberi
of tbfl Cabinet hei* not aliVHjB (bought with him on
such topics. On the moat deliberMe reflection, I am
convinced thai too much Telisjice ought not to be
placed on tbew fivorabla appaarancaa, and that tltwe

.yGoogIc

63»

HISTORY OP CONORESS.

Foreign Relation».

Dboekbeb, 1808.

k cauie to feu thkt if the ConKTCN ibould leparate
without sdoptiDg ■ ajitem of cocnSTe polic; calcu-
lated to meat the meet uolaionble Tciutl, their Tih-
bearance maj eontribute to llie duappointment of our
naaooable expectation*. By Ihia, liowever, I do not
wiab to imply that meuures of the tucd alluded to
ahould be carried into prompt eiecolion. I meau only
that tho Bltituile (hould be taken, but iti operation be
anapended by luitable panen to the Prciidenl, till he
■hall bo daly notified ihat the negotiation baa Tailed.
Huch ■ auapenaion will be deemed a aulficient mark of
TeipDCt to thoie in the Miniatiy who are diapoaed to a
lair accommodation, and the altitude will, in my opin-
ion, tend to aid their councita in producing tbat
effect"

I luppose, therefore. Kir, thai the Don-importa-
tion law is not, io wliole or in part, the cause to
which any of our embairagsments are to be as-
cribed, because the then Minister of the United
Slates, wbo, with the' gentUman making the
charge, is high authority, residiof; on the spot,
Wtloes^ii^g the career of tbe adminisiraiion even
of Mr. Fox. advised the adoption of the measnre ;
and it was preciselj pursuant (o such adf ice that
some measure ought to he adorned, [bat the non-
importation law was passed. Then, with reeard
to the dispositions manifested by the BrtlJsh Got-
ernmant in relation to it, we have the cTidence of
thesamegeolkmBnin his letter ofMay 17, 180&—

"That on the whale the meoaure ii considered by
the Government papers, on account of the distant pe-
riod at which it does commence, rather aa a pacific
than ai a hoatile one. I peiauade mywlf that the
preaent MinittT^ will aee in the ciicum stance of delay
a atrong proof of the diapoaitioa of the United State*
not only to preserve the relations of peace with Great
Britain, but of^heir confidence that tbe Minlitry ia
animated with the same deaire. 1 cannot help re-
marking likewise the fact, that thia paper was sent me
immediately after the paaaage of the bill was known.
It Airniihes a strong presumption, tbat the Gorem-
ment papera judge correctly of the aentimenta of the
GoTerDDient on that poinL It may be inferred that a
knowledge of llie panage of the bill hwlaned the

Here we not ouly find it a measure which the
Minister deems correct, but we find that it is not
deemed improper or hostile, and is considered as a
proof of a pacific disposiiion. 1 will not admit
for a moment that thia measure is the Pandora's
box from which have flowed the evila which be-
set this cutinlry, but rather that ibere is a fixed
disposition in the QoTernment of Qreat Britain
to cramp the commercial spirit of Ihii people,
and to make ibem bow to the mistress of the
ocean. In Mr. Monroe's letter of the 9tb of Juoe,
1806, we have further eridence of this, la a con-
versation which look place between himandMr.
Fox—

" la apeaking of the non-importalion act, he ei-

Cased hie regret that it had paased. He said that it
I the air of a menace, and that it was not agreeable
to do thing! by compulsion. I reminded him hew
long we had complained of injuries which hia Gov-
eraoiBat had not attempted to justify — injuries which
wore not imaginary or perspective, but real ami severe,
wliich afieoted equally tbe honor and the intereat of

the United Sutes. I added that under audi circum-
stances hia Government had no right to complain <rf
the act referred to. I assured him, however, that I
Wat of opjnion, if tbe Ministry had not changed, that
a bill of a very different import would have been
adapted ; that 1 had reason to believe that the tone of
oni Government, and of the Congreaa, had been ea-
■entially moderated by the information which I had
given of hia aasurancea that our diSereaces should b«
settled amicably, and on just principlea ; tbat the act
which had passed in consequence of that information
waa little more than a declaration to the citiieni of
the United States that the object would be duly ti-
ll wai such a declaration, sir, as was produced
by the eiigcncr of the times, when our tables
were covered with petitions from the mercantile
interest, demanding redress. Mr. Monroe con-
tinues:

" I observed that he must be aeiiaible, after the sub-
ject had been taken up by Coagresa, as it waa before
the change of tbe Ministry was known, that it was
impoaaible for that body to diamisa it without sotne
eipreeaion of the righta of the United Stateun the
question in dsspata, without exposing itself to the charge
of having abandoned Ihem. He aeemsd finally to ad-
mit Ihat the Congreaa could net well have avoided
doing Bometbing in the bnaineBa, nnd that the measDra
which had l>een adopted ought to . be coiuidered as a
moderate one."

When we have such testimony kb this, why will
gentlemen persist in saying that our eiabarrass-
meols are attributable lo tbe paauge of the oon-
imporlalion act?

But it is said that our negotiations in Europe
have been paralyzed by extraordinary roissionsi
thatwhenouraffairsmighthave been well settled,
we had hung ourdispmes up in chancery by them;
that the uegoiiatioo in Spain unrticulariy wa*
pacslyzed by the mi.ssiou of Mr. Bowdoio. This
is a new charge ; notwilhsCaodiog the number
which we have had from the same quarter here-
tofore, ibis was notooeof the catalogue of ofiences.
But this declaration comes wiib an ill grace from
gentlemen who hare declared that there was no
Spain; ihatlhere were no longer PfreaeesjPrance
had swallowed up all, and if so, an extraordinary
roiiaion lo Spain could be of no importauoc, she
being under the influence of the tyrant of the Con-
tinent. Bui the old worn-out story has been
touched upon, that Mr. Monroe might have set-
tled our differences with the Ministry of Mr. Fox,
hut for the extraordinary mission. Sir, if Mr.
Fox or the British Mioistrj^ bad been disposed lo
settle the difSculties with this country on amicable
terms, there was time enough for i(; and if those
difficulties had been seiiW, inasmuch as the law
□f nations has been trampled under fool by Great
Britain, and the treaty of 1800 by France, it dues
not follow tiiat an hundred treaties would have re-
strained their licentious invasions of right. But
let us recur to facts. The documents before me
will prove the reverse nf the a:iseriian ; and from
the same source, when 1 hare proved that the non-
importation act was not the cause of our present
difficulties, 1 will prove that Mr. Fox, with ihe
best iateutions, was incapable of eoieriog into loy

.yGoogIc

HISTORY OP CONGRESS.

Decemkb, 1808.

Fhreign Rdationt.

H.orR.

stipulaiipns wiih our Minister, beinff overrulecl by
iia tollesgues in ihc Miniilry, Lei us tecoliecl
Dndn ivfaat circumstances he came iaiu office.
Hisgreat lalenis hsd been arraved against Mr.
Pi(r,who waslbe favorilcof the King, and whom
Mr. Foi and his party drove from power. He
Uti brougbl in, in opposilion to the will of the
UDDarch, being forced upon biro by the nation ;
and if he were ool, he wa^ prevented from acting
iccordiog lo the disposition which he felt. On a
rer«reace to the documents it will be found that
he came into office on the 12lb of February, froiD
vbich time to the 31st of May, when information
ot the eilraordinary mission arrived in England,
was t period of near four months ; and was a
longer lime thao wasaecessary for settling difTei^
eoces with our Minister and enleriog into a treaty
which could have been discussed and concluded
ia a few weeks. If it was not, it might well be
said that our national affiairs were hung up in a
Caurt fcf Chancery, where discussion laight be
protracted ad in^ntfum, and a decision postponed
Id the end of ti me.

We are informed, by the letter of Mr. Monroe
of the I3tli of February, that " as soon as Mr. Fox
' took possession of his office, he requested an in-
'leriiew witii ihe foreijjo Ministers, which took
' place yesterday." Afier detailing a part of their
conrersstioo, Mr. Monroe says;

" I coald not avoid intimating to him that the friendl/
jitpoalion which ouTGorernmenthacI ahonn, had been
m«l ungeneniuBlj requiled by bia ; that it ■eomeci ii
if it hsd pursued a juat and friendly conduct towards
llu United Slates, till the moment tbst the new coa-
lition nu Tormed, and gsTe tbs present blow when
lie prospect wa» favorablB to «ncce»a, and kept the
nut in (uspenso to Ke the result of a&irs oi
Continent and in the United Slates. He beard me
with much attention and apparent inlereat, intimated
Urn he had baen acensed of being too friendly to Amer-
ita, and when I apoke of the treaty with Rnsna, he
obMned that he had thonght that the amngement
mide by it was > good one, Uiongh I did not nnder-
•taadbimaa pledging himaalfby the remark to ilacon-
dition*. Ire^iuestedthathewouldmBkehimselfmaater,
u toaa as in hia power, oF the correspondeaco between
]*id MalgraTo ■nd mysalf, and give me an interview,
whidi ha promised. I am happy to add, on a view of
all circDiDMances, that I think the prospect of arrang-
ing our a&ira with tbia Government, especially that
one which leapecta the trade with the coloniea of ''-
esemiea, on Mtisfactory terms. ■ very favorable one.
Iliscertiin that nothing morebvorabletoaucb arcsult
wu, or could rcaaonably bavo been erpoclBd from the
fret interview with the pieaant Minister."

Here we find that the disposition which char-
acterized him while in ihe opposition bad DOtde-
serted Mr. Fox when in power, and he intimated
10 our Minister that he had. been accused of too
friendly feelings lo this country.

On Ihe 31st of March, Mr. Monroe writes that
Mr. Pox gives him reason to expect thai the
coDdemnalioD of American vessels, which was
Ibeo very frequent, owing to the tesuscitallon of
the rule of 1756, would he su^jpeoiled. In the
Mme letter Mr. Monroe says: "From what lean
'diKcrn, I think there i> the b«fil reason to be-

lOlhCoM. 2dSE99.— SI

' lieve that Mr. Fox has the best disposition to
'settle our differences on Just principles, bul it
' must he reeollected thai some other members of
' the Cabinet have not always thouzht with hiin
' on such topics. On the most deliberate reflee-
' tion. I am convinced that loo much reliance
' ought not to be placed on these favorable ap-
' pea ranees," &,c. Here we have still further
proof of the disposition of Mr. Fox to settle th«
aflnirs of this country, and of the impraclicabit-
ly of doinz it because he was overruled by the
Cabinet. Pursuing the subject further, we find
the same ideas introduced into his letter of April
3, 1606.

" How Ihe Cabinet ia dispoeed in this queatiixi, it ia
not in my power to slate. Some of its member* are
known to have didered with Mr. Poi in respect to Iha
policy of Great Britain towards the United Stale* on
former occasions, and in similar cases. It ia possibia
that the spirit of conciliation oa which the Miniatiy
is formed may be feltin the present one. Every view,
however, which I have been able to take of the aob-
ject, confirms me in Che Justice of the remaiki which
were communicated to you in my !aat of the Slat
ullimo."

We aretold in one of the letters which I have
read, that Mr. Fox intimated that he would give
orders to suspend the condemnation of American
vessels. On the ISih of April, we find this had
ool been dune, and although assurances had been

Siven, the hostile acts were continued, as bis in-
uence had not been sufiioicnt lo procure a sus-
pension of them. Mr. Monroe writes on the 18th
of April that Mr. Fox had the day before said
that he was esseniially ready lo proceed in the
discu-ision of the subjects of diffiireace.

" Some ramarks of hu having led the converaation
to the merits of ^e principal topic, I told bim that be
must leave us in the enjoyment of the trade in quea-
lion, and pay ns for the property taken. To the first
proposition he immediately assented. To thesecUDdi
he said there would be objections. Hs added that be
had taken step* to prohibit tbe further condemnation
of our ablps and cargoes, sa 1 bad desired, of whick
he intended to have inlbrmed ne by note, but had
been preranted by other bosinesa; he had no objoc-
tiim.however.elillto doit."

In his letter of ihe SOlh of April, Mr. Monroe
says, " the prohibition mentioned in my letter of
' the 18tb is to be extended to the seizure as
' well as ihe condemnation of our vessels, of
' which he is to give me an official note in a day
'or two." On the 28lh of April, Mr. Fox, al-
though he had staled on the SOih that he had
taken steps to prohibit further seizures, said that
such orders had not been issued ; that in truth lo
issue them would be lo give up the point in ne-
gotiation. What docH this prove? Not that
Mr. Fox would be guilty of snnclioning soch an
unpardonable libel on his own character, by
equivocations in this way and doing nolhing, bat
that he was controlled by his aswciates in ihe
Administration. On the 28lh of April, Mr. Mon-
roe says :

" You will observe thai Mr. Foi insisted in Ihe lata
interview on reatricting the trade with enemie*' cola-

jjGoogle

643

HISTORY OF CONGRESS.

6t4

Foreign Belationt.

Decbhbbii, 1808.

niai in a graiter decree thui he had dons in the pre-
ceding ODe. I am MnTinced tbat tliii wai produced
by tiM Cabinet dalibsrationi an the lubject, for I am
■Irons in the opinion, that if left to himielf, he would
meet in •mngamenlf which would place tbs whole
buiineai, and indeed all our relatione, on the moat
broad and liberal baeia, in a firm belief that, b; ao
doing, h* would advance the bait intereata of hii
eountrj. Bat he hai to contull and accommodate
with otbeiB, aome of whom ma; perhapa not enter-
tain in all reipecti the lame aenUmenta, or be equally
prepared to encounter, in a new uheme of policy,
ancient and deep-rooted prejudicrs."
Oa (he 17th of May we fiod the followiiifc:
"After m; interview with Mr. Fox, on the 25lh
nttimo, I waited a fortnight without hearing from him.
This new iuitance of dela; lurpriaed me, becauae he
had ahown a unaibilit; to the former one, and did not
•eem aware of the neceaailjr of adding to it."

Thus tbL9 frl^ndlr MiDJBirr, with Mr. Pox at
its head, although Mr. Monroe had eiven an
opinion, from the intiraaiioas of Mr. Fox, that
erery thing woold be amicably settled, on the 16th
of May had done noibing towards it, but we find
the blockade of the coast, from (he Elbe to Brest
inclDsire, iioli6ed to Mr. Monroe on (hat day.
Heretofore aaiaranccs of friendship had aot been
waDtiae, and dow we find them verified by (he
blockaoe of a coast of a thou^nnd miles, which
all (he ships of war of Great Bri(Rin are scarce-
ly competent to blockade in an effectual manner.
Here comes proof lo put a^^eriion lo the blush.
Id his letter of (he 30lh of May, Mr. M. says r

"With reapeet to the delay to which I am exposed,
h is utterly out of my power to explain to you the
cause. I Imve no reason to change the opinion which
[ have heretofbre axpraaeed of Mr. Fox s diqraHtion
Ml the aobject, tfaongh T ba«e bad no late communi-
cation with him."

Talk of the eitraordiuary mission suspending
negotiaiion, sir, when it is proven (hat it had
been suspended from the 12th of April to the
SOth of May !

** Bis present reserve ia unfavorable, bnl it may be
accounted for, and on piinciplea which are quite nat-
ural, and therefore preanmable. He may have expe-
lienced more difficultiea in the Cabinet than be had
•ipected. Many of tha members may be indispoaed
to an anaugcment on such terms ai can be accepted,
and moat of them willing to postpone any decision,
nnti) the result of the proceedinga in Congreaa ia

Then, in his letter of the 9(h of Jane, Mr.
Monroe writes word that accounts were received
OD the 31st of May, that the Preiideot and Sen-
ale had adopted ibe measure of a special mis-
aion. The negotiation had previously beeo sus-
pended by the im])ossibi]ity of produeine- a eon-
■enlaneous dispo.ti(ion in the Ministry wjih whom
Mr. Foi was associated, aod by whom he was
overruled. I must therefore conclude that the
charge is equally incorrect in relation to the fail-
ure of (he negoliatioD, as I have proved it to be
futile as to (he hostile tread of our territory; (bal
neither the consequences ascribed to the one or
the other were at all attributable to our Govern-

ment, hut (o a persevering disposidon of a part
of the British naiion, not to permit our rifcbts to
be exercised or acknowledged on the high road
of nations.

Bir, the effect of these decrees and measures,
which I have noticed iti the course of niy obser-
vations, has been to sweep our commerce from
(he ocean, and eveti from (he seashore, because
there the commerce of the United States hat
been attacked, or if permitted to be carried on,
it is only on conditions which every man in this
Rouse, every American, must spurn with indig-
nation. What ! shall we pay fn'&ufe for permis-
sion to sail on (he ocean 1 The idea is loo pre-
posterous to becDiobated. Montgomery. Mercer,
and Warren, and a host of worthies, who bleo
for the attaioment of our independence, died in
vain — WAaBiHQTOH and bis compatriots, who,
at the expense of toil and bloodshed in (he field,
aided by our Solomons id the Cabinet, estab-
lished our independence, fought to lidle purpose,
if, aAer (he lapse of a short period of thirty years,
we can consent to pay tribute for the liberty of
exercising an undeniable right. But I have as
yet considered these measures, these encroacb-
ments of the belligerents, only with reference (o
(heir effects on ourselres. I wilt now consider
them wi(h reference to violations of neutral right
affecting each other.

First, let us consider (he measures of Great
Britain. The impresaments of our seamen, ■
topic on which I can never think with coolness
or without sensations which confound my jud^
ment, arenol to be considered injurious only id
reference to us. They have been injurious to
(he enemies of Great Britain, because they have
tended to maintain the naval superioritv of that
nation which has kept all the Powers of Europe
in check, and dictated maritime law to all na-
tioDB, and would have been jusi ground of com-
plaint by France against us if we had acqui-
esced in ihem. The vexation of the colonial
frade ; what is it I I have merely glanced at it,
because 1 was aware that if 1 bad extended my
remarks I should have destroyed the patience
which I fear I have already almost exnauited.
The colonial trade was one which enabled the
enemies of Oreat Britain to subsist, and con-
veyed the produce of (he enemy's colony to the
mother country. France would (hen have had
great right to complain if we had acquiesced in
the destruction of thi!< trade, because France re-
cognised Its legality in the war which gave rise
(o the celebrated rule of 1756. A vessel during
(hat war was captured by a British cruiser, re-
captured by the French, and brought into port —
the recaplors claiming salvage. The vessel and
cargo were discharged by (he French courts,
which decreed (he salva^ was not due, because
(he capture was illegal, and the Admiralty Court
of Great Britain would have released the vessel
and cargo. Surely, (hen, they would haveeause
to complain if we had acquiesced in that infrac-
tion of our commercial rights. On the subject
of blockades, if we had submitted, France miebt
have complained with much greater ligbt. The

.yGoogIc

HISTORY OP CONGRESS.

DictMUR,taoe.

fhreign Relations.

H. ofR.

Goreromeataf Ctreat BHiaia has declared whole
CoDiiaents in a state of blockade; to use the
diploraalic langoage of their orders, ihey tell us
ihul ''Ihey mast ^ con^dered as Id a stale of
rigid blockade." although perhaps the notlGca-
tioD was made without a vessel to annoy the en-
trsnceof the ports, atid uoder a total impossibil-
iif of ■DDOfiiigit witbiu the limits marked out.
Tht lanr restricliDg our commErce with unblock-
ided ports was also a Tiolaiioa of the law of
naiiotis. Id the case of the Cambrian, the co
mander of which vessel has to be sure been pi
ished bf his QoTernmeat with promotioD, tbi
was also a cause of compiaiol if vcquiesced lu,
becute it is actually prohibited by the law of
DitioBs that a belligerent shall iikcrease his force
within the territory of a oeotTal State. The
order of Janamry, 1807, restricting the trade from
one port to another of a beliigereot Power, was
also injorious to France, and of which she would
hsTe had good_ cause of complaint against the
United States if we had acquiesced ]□ it. All
these are so maoy violatioas of neutral rights
and national law injurious to France, aod all but
the last preceded the Berlin decree, and the last
wis before the operation of it.

Id what poiul ofvieware the decrees of France
lobe estimated in relaiioD to Great Britain 7 The
fieilio decree was mere firtitum^men, and I will
uke British authority and prove that her own
yns«ls could not venture to sea. The Berlin de-
cree in part was no cause of just complaint, be-
canse it related to municipal regulations wdich
do not interfere with the acknowledged rights of
oeDtrais. The Milao decree was verv hard ou
paper, but we are told, and it is verified by eipe-
rieuce. that Great Britain yields nothing to the
ibanders of that artillery, it passes by like an idle
wind which she regards not. But I acquiesce
with pleasure in the declaration that both France

f the power of prostrating our
lights.

How are the decrees of both belligerent* con-
■iilcred with reference to bd acquiescence by ns 1
There never was a more base libel than the in-
■itiuatioD of acquiescence by us in the edicts of
either. A recurrence 10 the document* will prov
it. Tbe Utlitcd States bare never acquiesced ii
an^y TiDltlion by either of the belligerents. But
ills admiiied by the minority that enough has
been said as to Great Britain though not as to
France; that there has been an acquiescence in
French nsorpatiansjandindeedilhasbeen asserted,
with a temerity not to be passed over with im-
punity, that there has not only been an acquies-
eeaee in the decrees, but a disposition to obey the
cDrnmandsof tbe French Kmpetor. It is true that
there has not been as much Foid or written in re-
lation to France as to Great Britain, because the
ii^uries cominiited by the latter exceed those of
tbe former tenfold. So far from admitting that
there ha* beea eo acquiesceace in the eondnet of
the eoaqneroT of Europe and tvrant of France, a
recorrenee to the doeuments will prove that mea-
•urest^ greater vigor have been taken in relation

:m than in relation to tbe tyrant of the sea ;

that the language and instructions of the Qovern-
ment have partaken of this character ; and that
it has manifested tnore senaibility to the injuries
committed by France, than to those comraitled
by Great Britaio. When the Berlin decree was
issued, Mr. Atmstroiig wrote to M.Decres immC'
diately for an explanation of it. It has been ob-
jected that although the explanations, given by
that Minister, were satisfactory, if he were the
proper organ of tbe Government, he was not the
person of whom to ask them, thai the Minister of
ForeignAfiairswas the proper person. But surely
the individual lo whom the execution of the de-
cree was confided must he considered as the pro-
per person to give explanations concerning its im-
port. But we have proof from Mr. Champagny,
the successor of Talleyrand, that Decree was the
proper organ, and ibat be was to be consulted.
Champagny, in his letter of August, 1807. says
that " as the execution of the maritime measures
' indicated by tbe imperial decree of the 21st No-
' Teaiber,ia06, rests naturally with bis Excellency
' tbe Minister of Marine, and that moreover ha
' has already had the honor of addressing yon
' some first observations on the application of that
' decree, I transmitted without delay your letter."
Thus the Minister of Foreign Relations, to whom
it is said that our Envoy at Paris should hare
addressed bisDotc,aDdfroniwIiom alone he should
have received them, referred him to the Minister
of Marine for the proper explanations. So that
the utmost diligence was raaoife->ied by the rep-
resentative of Itiis nation at the Court of France,
in obtaining proper explanations in relation to
the construction of tbe decree; and not only tbe
explanation was saiisraciorv,hni, what was more
important, the practice uniler it was satisfactory
also, as itcorrespoadedwiih the explanation given.
When our vessels were hurol at sea,anoutrageso
scandalous as to destroy tje pretensions to civili-
zation of the naiion authorixing it, a special re-
monstrance was directed against tbe injurious
procedure. When the oflfensive note of Mr.

specially directed to ri
he did remonstrate in such terms as were consis-
tent with the dignity and honor of this nation.
But when the infamous ri(<er attached to the fa-
mous treaty was presented, there was no remon-
strance directed, although that rider, with other
communications, from the same source, are equally
as offensive and equally obnoxious and repugnant
to every American feeling as the insulting lan-
guage of Champagny himielf. Let us compare
them, and see if I am not justified by facts in the
conclusion which 1 draw. Champagny sayii —

" In the situation in which England ha* placed tha
Continent, especiiUly since her decrees of the 11th No-
vember, Hii Msj«t; has no doubt of a declaration of
war against her l>y the United l^lslee ; whaterer tran-
sient sacriGces war may oecanon, they will not believe
it coniiatent either with their intereil or dignity to ac-
knowledge the monstroui principle, and the anarchy
which th&t Gaverament wiahaa to eetablisb on the aeaa.
I If it b« weM and bonarable for all nations to caoM tbe

.yGoogIc

HISTORY OF CONGRESS.

648

H. <

Decehbii, 1808.

le law af Ditiani to be re-cMabtuhed, and
to tvenge the iniulte committed by Eoglend ageioel
•reiy flag, it iiindispenuble tor Ihi Uaiteil Slalei, who,
from the extent of thoir cam mecce, hue oflenerto coin-
plain ortboae violations. Wac siiaU then in fact be-
tneen Englanil anil the United Slilea; and His Ma-
j^itj conaidera it u declared from the da; oa which
England publiahed her ducreea. In that perauaiion,
Hia Majeilj, readj to consider the United Stalei aa
•nocitted with the cauae of all the Powera, who have
toderend themaelTea againal England, has not Uhen
anj definiliie meaanre toward ■ the American vaiwela
which ma; hava t>aan brought into our porta; he haj
ordered that they ahould remain aequMtered, nntil a
daciaion may be had thereon, according to the diapoai-
tioa which shall have bean eipreaied bj the Govern-
■nent of the United States."

This lang-uage is jaslty oSensive, insulting, and
inadmissible, but nni more so than the justly or-
feaiiTe, iniu]lins,BniI inadrnissiblt; note* to wbich
I will refer. What is iheir language 1

" The undersigned cannot, therefore, belicTe, that
the snemj will ever BBrioualj attempt 10 enforce such
a ijatem. If he should, the; are conltdsut that the
good aenae of the American GoTernment will poreeiTO
the fatal conieqaences of such protonaions to neutral
commerce, and that ita apiril and regard to national
honor will prevent its acquieicence in such palpable
' ' ■ rightii, and injurious eneroaeboieiita

ing that the distance of

" The undereignfdi
the American Government renders any immedmte ei-
ptanation on this subject impoiaible, and animated bj
a desire of foiwariling llie beneficial work in whirh
they are engaged, nrc authorized b; His Majesty to
conclude the treaty williDUt dels;. Thej proceed to
the signature under Iho full persuasion that before the
treaty shell be returned from America with the ratiS-
eatjon of the United States, the enemy wilt cither have
fcrmally abandoned or tacitly relinquished hia onjust

K tensions, or that the Government of the United
tea, by ile conduct or assurances, will have given
•ecuritj''--(»ecurily to whom !] " to His Majesly.that
it will not aubmit to snch innovations in the estab-
iiihed system of maritime law ; and the underaigacd
have preiented thia note from an anxious wish thai it
should be clearly undoratood oq both sides, that with-
oat such an abandonmonl on the part of the enemy, or
anch assurancea or such conduct on the part of the
United Stales, His Majesty will not consider himself
hound by tbe present sjgoalure of his Conuuissionors
to ratiPf the treaty, or precluded from adopting such
measures as may sacra nrcesaaiy for counteracting the
designs of his eaemj."

The one of these Powers says that she con-
sidera war as declared; that the Uoiied States
cannot submit 1j auch sacrifices, and therefore
war is declared. The other snyi that if we ac-
quiesce— if we are not guided by spirit and na-
tional honor— if we do not five security to His
Majesty, by our conduct or assurances, thai we
will not Bcquip'ice, he wishes it cleaity to be
undi'tslood by both sides, that His Majesty would
not be bound or precluded by the (rejected) Ireaiy
from cha!.tising us in turn. This Unijua^e, so in-
sulting, is offered to a dignified, free, aod iade-
fiendent nation. It is not lea oSensire than ihe
utguageoftheir Minister here. Wibaiaays he?

"I an disrged by His Majesty to eipreis to the
Government of the United Stales His Majeaty'a pa-
feet confidence in Iheir good aenao and lirmneas in re-
sisting the unjual pretensions condtineil in the decree
issued by the French Government at Berlin, on the
Slst November, which, if suffered to lake effect, must
prove so destructive to the commerce of all neutral
jiations.

" His Majesty, therefore, with that forbearance and
moderalioD which have at all time* distinguished his
conduct, has deterrained, for the present, lo copfiae
himself to the exercise of the power given him by his
decided naval auperiority, in such a manner only as ia
anChoriied by the acknowledged principtea of the law
of nationa, and haa issued an order for preventing all
commerce from port to port of hia enemies, compre-
hending in this order, not only the ports of France, bat
those of other Datioas, as, oitber in alliance with
France or subject to her dominion, have, by measnies
of active offence, or by the exduaion of British ships,
taken a part in the present war.

" Hia Majeaty foela an entire confidence Ibat the
moderation and justice of thia coilducl will bo duly
appreciated by tbe United States, and has charged me
to express to their Government, in the strongest terms,
the regret he has experienced in being thus compelled,
in bis own defence, to act in a manner which must
prove in some degree embarrassing to the commerce
of neutral nations, and his sincere desire lo avoid any
stronger measures; to which, however, if the injustice
and aggression of his enemies ahould not be resisted
by those nations, whose righia and interests are in-
vaded by eo flagrant a. violation of all public law. It
may be ultimately necessary for the King to have re-
He confides in our jjood sense ! Ia it not insult-
iag 10 us to say so? -Haa he any right to dictate
to ua what course we shall pursue 1 It is ihit
which constitutes the esKeiica of the insnit in the
□ote of Champaguy, in the ridet to ihe treaty,
and in thia itislauce alio. Well, sir, we did not
give those assurances to His Majesty ; and on the
S3d of February, 1808. we are iurormad by Hia
Majesty's Minister here, that

" His Majesty has been induced hitherto to forbear
recurring to measHras of thii natnreby the expectation
that the Govemmenls of the neutral States, who have
been the objects of the French decrees, would have
been awakened to a jual seoiie of what the; owe to
their interests and own rights, and would have iutar-
posed with. effect, either to prevent the execution of
the French decrees, or to procure their abrogation.

" But His Majesty having been disappointed in this
just expectation, and perceiving that me uculral oar
lions, ao far. from opposing any ellactual reaiatance,
have submitted to whatever regulaljons France may
have prescribed for giving effect lo her decrees, can no
longer refrain from having recourse to such mcaa-
urrs, &.e.

•• Such a measure the roarilime power of Great
Britain would have enabled Hia Majealy to enf..T.-«;
nor would those naliona which have acquiesced, with-
out effectual lemonatrance, in the French decree of
Uocksde. have derived any right from the more perfect
Bxecnlion of a corresponding determination on (be
part of His Majesty, to complain of His Majesty's en-
fordng that measure which the enemy has mtecnied
imperfectly only, from the want of the maana of ei-

.yGooglc

HISTORY OF CONGRESS.

Dbcbhbbb, 1808.

Foreign Relatitnu.

H. or R.

" Hk Majesty, hi)we*eTi ftctuatsd by tbi ume lan-
timcnti of moderation bj nhich HU Maje*l;r'i conduct
hai been aniformly goveme^l, baa been dciiroua of al-
lenaling as much u powibie the incoDTeniancei ne-
cenarity btooght Dpon neutial nationi by a alate of
thinga ao un&TorabU to the commercial inteccourae of
the world.

" The TelaxatiooB tniut be conndered ai moat pecu-
liarly favorable to the particular inCereats of the Uni-
ted SUt».

"Another moat important relaiation of the princi-
plea upon vrhich Hia Majeatj'a orders proceed, is that
which liceoaea the importation of a!! flour and meal,
and all graina, tobacco, and other articles, the produce
c^ the soil of America, with the exception of cotton,
through the porta of His Majesty's dominiona, into
Ihoae of hia enemiea. without the payment of any duty
on the trsnait. This is, i heg Isbto to obaaive, an in-
stance in which His Majesty has deprived hia measure
of it* moat efficacioni and hurtful operation agaiaat
the enemy, throogb motives of consideration tor the

The same insnliiDg and insidioua langaao-e
wbicK is concaiaed in ihe nolp of Mt. Canoin^ lo
Mr. Finkney ! He regrets that we bave not given
seciiriijr for our good behaviour, and (hat His
Uajesly is conipdled to chastise us for il; and
adds ih-it these raodiBcations must b« considered
ts peculiarly favorable to the Ud lied Slates, being
made wholly throueh motives of conaideraiion
for the iDlerems of America. These notes are as
offensive and inaultiDg aa ihe note of Cham-
pognr, which cauaoi be exceeded, and can never
be stibmitEed [o.

Bat there is atiothcr poioi at view in which
iheac orden ahotitd be examined — iti relation to
the professed object of retalialins on uj. And I
protest a^in.«I tne prelensiona of one beliifierent
to retaliaie on us for injaries inflicied by another
belligerent. The practice, ifsubniilled lo, would
prostrate the rights of this countrj. In war, re*
taiiatioD may be proper between the parties to it,
on the perpetrators of such outrages as the mur-
ders of Ismael and Pragaej where a vicIoriouH
General entered towns which had bravely* op-
posed hitD, and put all rbe inhabitants to the
sword. It mig'ht have be«n proper in ibe war in
which we opposed His Majefty, who has always
manifested such extreme sympathy for us, when
we were treated as rebels, conGned in prison-
ships, and denied the right of prisoners of war,
because we ungralefully revolted from the mother
eoontry. In such cases reialiaiion may be proper ;
it brings naiions lo a tense of their duty and in-
teresii. But to say that because one nation
itrilceB at the rights of this counlry, and we can-
not eflectoally resist the blow, that another na-
tion shall be permitted to strjtts us also, is a
principle which I hope will never be treated
with complaisance, but always spurned with in-
dignation. Although it is inadmissible, it is in
consonance with the practice of the belligprenis
in the present war, who seem to have said, ''Lei
- us attack all the world but each other; let the
' war he carried on througb neutrals, but let us,
'a* to each other, cry, hands off! and ibis is a
' war which we may carry oo ad wfinitwn," Re-

taliation also impliea a prior wrong, and Great

Biiinin should be silent on the subject. If she
looks at the impressment of our aeameo, reslric-
lions on the colonial trade, blockades, the order
of June, the case at New York, where she in-
creased her force within our waters, the case d£
the Impetueui, ail which took place before lb k
Berlin decree, her pretension of retaliation is de-
stroyed ; and if reialiation be admissible at all, it
must be by her enemy, and not by her. What i»
the pretext on which she assumes the right of re-
taliaiioo 1 Look at the famous rider, andyoo wilk
find it; there it ii claimed on the ground, first, of
ao execution by France of her Threats ; and, sec-
ondly, an acquiescence in them by us. But ibe
order of January, 1807, professedly in retaliation,
was issued before either look place.

I have said that the order of January, 1807,
was issued before any execution of the threats of
the French Guvernoienl, .ind before any acqui-
ejcence in such execuiion by ihe United Slaiea,
and consequently inadmissible even on tlie Brit-
ish principle. A recurrence to dates will prove
that no execuiion of the Berlin decree was known
to Great Britain at the lime ihat the noiorioiis
Orders in Council were issued. On the 7ib of
January, 18Q7, Mr. Armstrong writes thai a mod-
ification favorable to ihe United States had taken
place. On the 17th, he speaks of an injurioua
coniituclion which he bad heard of; on the 24ili
of September he slates that he knew that an inju-
rious conMruction was abom lo lake place ; on ibe
17th of October, he writes thai Ibis consirucilon
was certainly to take placej and in November,
1807, he heard of ilie decree in the case of the
Horizon, and on the 12ib remonstrated against
ii. No execution of Ibe decree was known lo the
British Gtivernmeni at the time of isbuing the
Orders in Council, nor to Mr. Armstrong, but
for a few days antecedent to the orders. But.
independent of this, it was proven on the floor of
Parliament that no coademnaiion was known to
have taken place prior to them. It seemed to be
an object with the Ministry to prove that tbe ex-
ecution- of ihe decree was knqwn in England:
but no such proof was produced. It was proved
by the eri'deoce of their most' celebrated mer-
chaots that no such case had been known to them.
But even if France had intended to execute it,
it was an idle menace, because she had no ships
of war on the ocean, and could not even go from
one port lo another of the Continent wilhoul
skulking along shore to avoid meeting vessels of
her enemy, and Great Britain is dishonored by
attacking us on accouni of it. She knew very
well that our trade had been carried on without
the least interruption, notwithstanding the de-
cree. Tbe absurdity of retaliating apon a threat
was ably exposed by Lord Ershine. He said if
the moon were to he declared in a siale of block-
ade, it would be necessary, according to theprac*
lice of his Majesty's Ministers, to have the whole
board of astronomers convened to react on het
saleilitea. Suppose theEmpcrorof China, whose
policy forbids external commerce, and who has
no Gbipt, were to declare tbe whole Eoropean

.yGoogIc

■651

HISTORY OF CONGRESS.

H. or R.

foreign Rdalioru,

Dbcbiibbr, 1808.

CoDtioent in a state of blockade, would it be re-
qaired by hii Britaanic Majpsijr, from his sym-
pkthr for oor interests, lliat we shrnild ffo dd a
-Cluiiotical expedition [oCliina to compel him to
repeal the decree 1 It would be equally ni absurd
a* if the moon bein^ declared in a Btate of bjock-
-ade, we should be requited (o retial the decla-

But gentlemen in this House again cliarge ua
with blazoning our diiihonor by a reneritian of the
injuriee we have receiTed, notwilhstanding ibe
Mme gentlemen attribute tiverjr misfortune and en-
croachment oD our rights to our own Oovernment
alone. I have endearored to show, ittdeedlhave
shown it bjr a recurrence to documents which

Sove it, ihai the fault is not attributable lo our
overnraenl, but to the hostile di»po$ition of the
belligereDiB. But it is said Ibat Bonaparte fs ex-
tremely hostile to us, as if he alone entertaJDed
feelings of hostility ; that he hai declared to our
Mioisler, that we must be either his aDies or hia
eitemie*. 1 have nerer seen the proofs of such a
declaraiioo, nor heard of it in such a way as lo
aniitle it to crediL I never heard it suggested
except in paraaraphs of newspapers attributed
to membetaof this House, whica I am convinced
are libels, because it is not true, that he or his
Ministers have ever uttered suchathreat to Gen-
eral Armstrong ; but even if it were true, would
it amount to more than the hostile acta, sets of
war committed by him and the other belligerent,
such as murdering our citizens, cultiuff off our
trade, seizing and burning our vessels? Nodouht
they are both hostile to us. But it is said we
know the wishes of the one belligerent, and the
mandate of the other. 1 have no doubt as (o
vhaE are the wishes of Britain ; but I know not
what is the mandate of the Emperor of France.
I have heard of ihreatR attributed to him vliich I
trust he dare not niter to our Minister, sncb as a
decUration that we should take the altitude of
allies or enemies, that we should do the one or
the other. I hope that if our Government would
noi recall the Minister in such a oase. he would
not submit to the disgrace of remaining there a
day longer. But even were such the fact, it
would not increase the proofs of the hostile dis-
position of the Emperor. Can it be doubled that
Great Britain has the same hostile disposition ?
Look at her conduct to this country in her taxing
us; look at the other more conclusive and un-
questionable iofraclion of our rights, which waa
remarked upon by a genileman who usually sits
before me, when our doors were closed ; look at
the bissiogs at ibe LoadoQ Tareru, when the cor-
rupted peusioners of 8i, Stephens and the whole
Ministry were assembled; the President and the
United States were given as a toast and hissed
with indignation ; the clamor was so ^feat, that
Sit Francis Baring, for th^ purpose of resisting
the popular obloquy, found it necessary to write a
letter to the editor of a public paper, apologizing
for having toasted tbe American Government
and iia President. If it had been done at a Bac-
chanalian revel, such as I have heard has taken
place in this country, at which "success to the

British navy" and "His Majesty's arms," and
''damnation to democracy" were drank among
the toasts, I should have paid no regard lo it, al-
ihou^h, as it is represented, honorable members
of this House misht have been among the guests
bidden to the feast. But when it occurs at a pa-
triotic feast, where the Ministry of Great Britain
are present, nay even gave it, and their indigna-
tion such as lo require an apology for having pro-
posed the toast, it does present itself in a very
unquestionable shape, as proof of hosiiliiy to this
country. Does not the affair of ihc Chesapeake
prove it also 1 Surely it does. And because we
have taken an attitude of precaution, and naid, for-
asmuoh as we have been wantonly assailed by a
highway robber, we shut our doors and not open
them to admit him and his whole gang, we heat
theory of French party, that "the finger of Na-
poleon is in this thing ;" '' you do not aet from a
aponianeoos influence; you are sacrificing your
Tights 10 Napoleon." Sir, this cry is raised by
Britliih partisans, whose disposition is to sacrifice
uur rights at the shrjneof Great Britain. Do the
republicans of the United States Ttndicale the
conductor France? Do tbey palliate il? No,
sir ; Dol one of them. One universal burst of in-
dignation has expressed their seasatioos at her
conduct. With the minority, the few, not the
people, fortl beg lo be understood as making a
painted distinction between those knowing ones
at the head of a faeiion and those on whom they
operate — the people, notwiihstandiDg they have
acted in hostility to the irue interests of the coun-
try, are in my opinion still virtuous, they hare
been misled by the aid of ancient prejudices,
deep-rooted and difficult to be eradicated, whether
they relate to religion, politics, or aaylhing else.
How does Ibe account stand with the few, I ask,
Id relation lo the vindication ol England 1 Look
at ilie publications in Boston, Ibe cradle of the
RevoLuiioD. Therethe artackon theChexapeake
wv vindicated and inattfied, although Mr. Caa-
niog and the whole British nation disavowed the
act. * And what is this ascribable \o1 I beg gen-
tlemen to be cautious how they talk ol French
partisans. It will, as the gentleman from Mas-
sachusetts (Mr. Bacon} has said, expose them
to an insinuation — nay, more, proofs are Dot
wanting — of an undue predilection for the enemy
of France and the enemy of this eouniry. Have
we not lately seen it published in Eastern papers,
thai we have no cause of complaint against Great
Britain 1 Yes, sir, the Pickerings of tbe nation
hare said it, if not in terms, in effect; and it
is this which had an influence on ihe foreign re-
lations of this country. The pamphlet (Hints to
both Parlies) referred lo yeaierday by my friend
and colleague, (Mr. Bdhwbll,} speaks of the ne-
cessity of perseverance in the Biitiih system, be-
cause of the probability of an insurrection in the
North, and that, like Paul's empire, wrested from
him by assaasins, everything will be laid at the
feet of Great Britain. What are these ideas pro-
duced by? By such productions aa Pickering's
letter, and a letter which lately appeared in ilie
Newbaryport Herald, putpotting .to be from a

.yGoogIc

HISTORY OF CONGRESS.

664

Dbcbmbeb, 1808.

Foreign Setaticnu.

H.opR.

member of Coogreu. Wbeo we look at thii
famous letter of ihe 16[h of Februarf. whicb in-
cludrd every oSence comniilted bf Pnaee, the
reciul of which gentletneD slckeo at the idea of,
we are told that the immediste if not the onir
object io calling out the militia was to excite ■
war {lalse, for Great Britain hai done us " no
essential iojurf." Most magDaaimoQi mother!
We aever can discharge the obligation of Krati-
lade which we owe her " thousand ships." Wbat,
sir ! Caa wedoubl the effect of sueh productioni
inEtirope7 Thefaet of its pttsxlog through eight
editions ia London, proTci the effect of ibeie
charges of a hostile disposition, an effort oo the
part of the President " to excite a war pulse," ud-

iust reseDimeni.awar without necensity. and the
eeping the Orders of CouDcil, and almost eyery-
Ihiog relacinK to Great Britaia wholly out of
view. The British Gorernment is lold from no
infotmal source, by tbe opinion (official I may
say) of a man high in the estimation of his party,
that the President wishes to keep up reseniment
■gainst Great Britain, " by exciting new resent-
ments and cherishing old prejudices." I beggen-
tlemea to be careful how they urge a charge of
foreign inflaeoce when there are such damning
eridences to stare them Id tbe face io proof of their
own predilections. Notwithsianding all ibis, I
am not willing to tidmit there is so much depta-
Tily and corruption in this Dalioo, as to prodace
such a partiality in any portion of tbe country
for Great Brilain aa the majority have heen most
falsely charged with enietiaioiog for France.

But we are told that "pnnctiliu" atone preren Is
a settlement of oar differences with Eogland.
This is contained in an extiact of a letter from a
member of Congreu, to a geotleniaD of Newbu-
ryporL, aitd thus the people are deluded. Punc-
tilio is the only cause of dispute I These false-
hoods produce Ihe arrogance and hostility of Great
Britain to us, because she belie7e* that we are a
Topeof sanil; that the North is in a stale of intnr-
tection and tbe South railing oS'. And if these
ideas were realized it would not be astonisbingj
because to a bigb-miaded yeomanry, such as the
^eat mass of the people of tbe North and Bast,
It is natural to suppose that such slatemeots as
have been made will excite reseatmenls aeainst
the GoTernment. It is not in tbe power ofevery
man to read all the productions of the limes;
and ifiie does, they do not make that impression
upon him whicb they do upon statesmen whose
duty it i* to examine minutely; and ibetefote,
ttieydoBot know that every effort has been made
to settle our differences nith Great Britain ; and
believe (be statement when tbey are told that
puDctilio only prevents a settlement. Wbi

(he idea naiurally excited in Eneland by this lan-
^ _ y, as Mr. Marriot's pamphlet says,

"I^ei us hold out: out friend)

guage? Why, as Mr. Marriot's pamphlet says

" ' 'us hold out : out friends will soon rise ini

r, and thus we shall gain a complete vie

tory." The successful invasion of France or the
decapitation of the despot of Europe would not
to ibe British Uinislry and its friends be a more
desirable event than the overthrow of the Repub-
■caa party io tbe United States. Tbey ar« blind.

ed to their true interests, and hold out, in iheir
injurious conduct to us, with the hope of produc*
iog such an event. I wish the practice of judg-
ing of us by looking to the opposition, were aban-
doned in England, and the Government of that
country would then be convinced ibat the people
of Ibis have no interest foreign to that of iheii
Ibe Oovetnmeot any interest but
that of the people, and a wish to do them all jus-
tice; that neither the Government nor the peo-
ple are disposed to surrender ibeir rights or trem-
ble at their threats; and that they have bithetio
been deceived fay migrepresentalioos of our dispo-
tions. To these we may aitribue the insolence
of Mr. Canning's late note, not much less inso-
lent iban those to wbicb I have already referred.
I will read a single paragraph from it.

His Majesty would not hesitate to contribnte, in
any manner in his power, to rratora to the eomnierca of
Uait«d State* iti minted activitj; and if it wen
lible to make any ■acrtfice ibr the repeal of the em-
bargo, without appearing to deprecate it ■■« a measure
of bostilitj, he would gladly have bcilitsted its re-
moral as * ueuurB of incoavenient restriction on the
American people."

. Kind, philaothTopic aoulsl They hare great
charity'for us; they would forgire us all our sins
of hostility, proved by their friend's (Pickering's)
letter, which passed through eight editions; oat
tbey regret that they cannot remove an inconve-
nient resi tic tion on us, though tbey would be very
glad to do so. The cry of French influence re-
coils on its authors. Sir, if there be any foreign
influence, il is British ; but I am unwilling Co be-
lieve that there is either. 1 should not hare in-
dulged myself in this insinuation, were it not that
I everv day see some communication justifying
it ; and I would not, perhaps, have troubled tha
House with any remarks at this time, were it not
from an ioiimatioa which I have received from a
meeting of my constituents, asking that we should
treat with both beliigerents without favor or affec-
tion to either! t despise the Governments of
both nations from my soul. Although at nn re-
mote period mv ancestors came from England, I
think alike of ine despoiler of Europe, the usurper
of Spain, the great tyrant of the land, and of the
robber of the Spanish frigates io lime of peacb
the destroyer of Copenhagen, and the murderer of
its helpless women and children. I have no con-
fidence in either. These are times in which we
ought to speak out. It is time that the people
should know that we have nothing to expect from
either belligeient ; n^oiiatioa has been spun finer
than the cotton can be which is to pass through
British ports and pay a transit duty. I know it is
impolitic and unworthy of the magnanimity of
the Kepreientative of a free people to abuse for-
eign Governments when tbe limes do not call for
decision ; but we cannot be guilty of treason to

feeling, _

1 have said that I have no sympathy for eithei
of the belligerents. For their Governments I
feel equal hatred, indignation, and reseniment ;
and will submit to accommodation with ncitbac

.yGoogIc

665

HISTORY OF CONGRESS.

656

H.OPR.

Ptrtign Relaixtma.

Decembm, ISD8.

till the injuries rommiiied od (be rigbii of my
couDUjr are aioned Tor. Yei it is true ihit Great
Britaia has doae, and will continue to do up, moil
harm, and in that proponioa I fed my enmity to
her iacreated. Bonapane, vbenevei it ii it) hia

Kwcr, seizes our Tcwels. His Mnjeaty retaliaie*
nause we have not giVen securiiv for our good
bebaTiour, aach as is asked of a inalefaclor re-
leased from confinement for a bailable offence.
But it is laid that punctilio presents a setllemenl
©f our differences. Why, then, if thai be the
use, let us giie il up. It is shameful, scandalous,
and uDwortiiY of a free people, whom we ehonld
miirefireKot if we stood on punctilio. Is a deter-
miaatioa to protect our citizens nonciiiio? I
have always understood that the object of asso-
eiationsfor lelf-gorernnienl was to preserve tbe
personal righiiof the iodiriduals composins it.
In compatiion with which )iroperty Is as nothing.
I will not say when our citizens are torn from
their families and compelled to fight the batili
of a forei|;D nation, thai it is mere punctilio.
the carrying trade puncitlto 7 Let ua look at if
Uogoage of gentlemen ihemselres on ibis suj
jcct, some of whom are cow accusing us of puni
tilio. [Mr. Jackson here quoted a passage froi_
B memorial from the merchants of tbe town of
Boston, presented two years ago, remooslraling
warmly against the capiurea by Great Britain of
the Teasels of the United States employed in Ihi
carrying trade.]

Is this, then, a matter of punctilio 7 We wen
aaked by tbe gentleman from Connecticut to in
gnU an amendment on this resoluiioa, saying
that we will not abandon the navigation of the
oeean ; and are told that punciilio only precludes
na from submitting to navigate the ocean as Great
Britain pleases. Was the affair of the Chesa-
peake punctilio T Was the murder of Pierce a
mere mailer of puncliliol Was the iurisdiclion
of the officer in the harbor of New York within
the length of bis buoys a mere matter of punc-
tiliol I» everything in dispute punctilio? The
|tajment of tribute 7— this is a litile more piine-
tiliuus than any other ; yet our refusal lo submit
to tbe dishonor and diagiace of it is but a matter
of punctilio. I hope in Ood there will be a punc-
tilious resiiianee, so long as the American name
exists, lo the payment of tribute. The resigna-
tion of our independence is punctilio, and the
threepenny tax on tea, which kindled a flame that
burst [he shackles of tyranny, was all punctilio

as to receive British licenses. By calling those
home who were abroad, aod retaining (huee who
were here, till they could launch on the ocean
again without danger of confiscalion and ruin,
and what in worse than all, of compulsion to pay
trihute, we were not at ell dishonored. It may
he likened lo ihe ease of an unarmed man who is
eiDong his enemies. He retire." home to asaociate
wiih Him bis friends, arming himself and launcb-
ng forth in resistance of the infraction of hi*

■ighls. The

II yet c

eforu

iak«

too,

iri

The embargo was produced by this punctilious
apirii of avoiding dishonor and disgrace, and of
avoiding the payment of tribute, when ruin and
tribute were assailing us under tbe decrees and
orders of the great land mammoth aiid the shark of
the ocean. It is denied that the British orders in-
daeed the embargo. What has that to do with
the question 7 Whether they led to the embargo
or not is immaterial, for ihe contenlion for that

Kint is an admission of the fact that they would
ve justified it. The effect of the embargo was
to bring home onr citizens from abroad. Unfor-
tnaately tome have disgraced themselves so much

a sally. It i.i.dne to the spirit of this people that
every effort should first be made lo preserve peace.
The Governments of Europe, whether ruled by
monarchs or despots, wage War when tbey please;
tbe people march to war without inquiring why
or wherefore, and imagine that, in so doing, they
display their patriotism. But that ignoble spirit
does not pervade this country, aod (hank God
thai it does not. The people will inquire and
examine, also; ihey will believe that it is no dis-
honor to retire from the scene where they cannot
carry on their usual Occupation, and refuse to go
to war til] every preliminary step is taken. It it
no disgrace to say that unprepared we cannot
fight both Great Britaia and France. We are
appealing to the ju^'tice and interests of those na-
tions. It is to be hoped that their eyes will at
length be opened to their dictates. Thus far the
appeal has been in vain, and trade could only
have been carried ou in Eta accustomed channels
under submission lo pay tribute.

But it is denied (hat this refusal to carry on
trade will have any beneficial effect at all, and it
is said that it is withdrawing from the contest;
that it ifl an abandonment of our rights; that
Great Britain was struggling for (he trade of the
world, and we hare relinquished it lo her. What
does this trade consist in, sir 7 The trade with
us is cut off, and eonsequenily, ilirougb us, with
her enemies. She may trade to sumeof berowtt
dependencies and back a^ain, and to Spaia and
Portugal, if they are not yet overwhelmed by
tbe victorious arms of the usurper; and to that
extent only can she go. But gentlemen say, re-
move (he embargo and al! will be well— we can
trade. Sir, honest men are restrained from trad-
ing by respect for their own and their country's
honor; and it is our duty to restrain those who
disregard all such considerations. Shall we sub-
mit and trade7 Js trade to be purchased on such
terms as these? Were these sentiments fostered
for a moment during the period of our Revolu-
lionl No, sir. If the fathers of the EevoloUon,
many of whom are still living, had sat them down
and calculated ihe profit end loss in a pecuniary
view of resisting the threepenny tax on tea, they
would have lost the opportunity of performing
those glorious exploits which are recorded in the
page of history, and gave birth (o a nation.
But it is said by gentlemen, that we may trade
the West ladies, and a proposition to that effect
as laid on the table by a gentleman from North
Carolina, now absent from bis seat, (Mr. Saw-
TBB.) Apropos, comes intimation that ibc trade
■- blockaded by an order, unquestionably issueit

.yGoogIc

657

HISTORY OF CONGRESS.

668

Dgcembeb, 1808.

Foreign Relatioru.

H. OF B.

under ibe circnmslsnecs referred to by niy col-
league yesterday, under an ezpeciaiion that the
embargo would be raised, and our commerce be
flowing into iboae ports.

Others say, let us trade to Spain. Spain may
be, and in all bumBD probability i.s, by tbis time,
■ conquered country; for whether one party or
ibe other prevails, the Spanish kingdom loses its
independeDre. Look at the late capitulation be-
tweea the British and French in Poriugal. It
was not a surrender made to the Portuguesa, for
whom the British were nominally fighting, but
to tb« British themseUea. They came not as
allies, but as conquerors; each party is contend-
ing for the supremacy, and manifests a di-^posi-
lion lo maintain it when acquired. But geotle-
mea sajr, let us carry on a trade to aid the Spao-
Uh patriots; let us extend to those struggling for
liberty the same assistance which we sought for
in the atruggle for our independence. 1 warn
f^entletuen against the imposition. The Span-
iards are fighting for a monnrch who has trans-
ferred them to another^ like a flock of sheep.
There is a titile pairicliim to be sure in Gghting
for a King of their own choice; but it is not a
patriotism lo enlist the sengibiliiiesofsuch a peo-
ple an Ibis in ibeir favor. They are Rghting for
one Einff acain&t another; and though I partici-
pate in tlie feeling which others profess, and wish
that they should hare a choice of despots, yet I
will not interfere in any manner between Qreal
Britain and France, who are contending for the
empire there. If we were to trade to Spain, it
would be the neplufuffra alio wed by Great Brit-
ain, who would there, receive our domestic pro-
duce, and furnish her manufacturers in return.
Remember that we are coDiesting her monopoly
of the trade of the world, and there we should
sDrreuder it. The principle would hold gopd if
the trade were confined to the West Indies,
Qreat Britain would there receive the products
of this country, and we hers in return. We
might as well permit them to take our produce at
the mouth of the Chesapeake; and, indeed, it
would not be a great extension of the principle
contended for, if we were to allow her to estab-
lish a custom-house, and appoint collectors of
duty in every seaport town in the Union.

By continuing the embargo, we can prepare to
defend oar towns. The fires lighted up in Co-
penbagen are scarcely extinguished ; ihey are yet
glowing before us, in imagmation at least; and
we ongbi to recollect that, if we do not submit, it
is war ; if we do submit, it is tribute. And, if we
hare war, our towns will share the fate of forti-
fied Copenba^en, unless we strengthen and for-
tify them. First, let us prepare to defend our-
selves. Gkntlemen say, defence is not resistance.
Lei Ds prepare lo defend ourselves, sir, and then
we will be better able to resist and attack our

e are told that the sysiem is ruinous. If
we become bankrupts in money, sir, we shall be
sotind in honor; and if we carry on trade with-
out adopting stronger measures, we shall be
bankrupia in fortune and reputation also. We

hare been told of the condition of the country;
that it is deplorable ; and have been warned, inas-
much as there was a rising againNi the excise
lews, to guard against the consequences ari^iing
fron\ the embargo laws; and, iti depicting tha
various distresses of the country, it ii naid (by
Mr. RkHDOLPii) that there is do sale for tobacco
or cotton. What say the cotton planters, than
whom none ate more interested in foreign com-
merce 1 I may ventoie to assert ibat they ar«
unanimously unwilling to place their bales of

la! I

1 the

other. They are unwilling lo put interest, si
interest, in competition with the nalioual inde-
pendence, which would be sacrificed by the pay-
meui of tribute. This tobacco business and in-
surrection among theplanters, reminds meof the
humorous letter of Samson lo Lord Spencer,
requesting him lo send over an hundred ihousana
pounds, for the purpose of exciting a civil war,
ravaging the lobareo country, and destroying th«
plantations with fire and low, to be called Iha
Segar var, and, if he did not succeed, it would
end in smoke. Tbis idea is aol more ridiculous
than that the tobacco planters will rise in insur-
rection on account of the low price of that arti-
cle, when they know (hat their whole market, to
Bny«itent, is cut off by the Orders in Council.
Will gentlemen say that we shall carry our to-
bacco to England, there pay a duly, and then
carry it to France, and flghl the legions of Bona-

Krte to compel him to receive it? If we are lo
ve a war with France, I hope it will not be a
war of that kind.

A doubt has been raised as to the conslitulioO'
ality of the measure; the power of Congress to
interdict trade is denied, because it is alleged that
our form of Government grew out of commerce.
I bare always understood thai the Constitution
adopted for the purpose, as it imports, of

bier purposes, foreign commerce be suspended for
a season, I trust that it will not be considered as
violating the principles of that Constiiuiion.

A charge has been ullered in anonymous publi-
catioos in newspapers, as well as in the famous
letter of Pickering to which i have alluded, of a
hostility 10 commerce in the Southern States, 1,
for one, protest against this declaration. I do not
know where that individual is that is opposed to
foreign commerce? Where are the Southern or
Western people who are opposed to commerce ot
aavigaiion in our own vessels, navigated by ont
own seamen, and owned wholly by our own citi-
zens? The insinuation is unjust. There never
was a question brought before this House affect-
ing the commercial rights, in which the Southern
and Western people have not strenuously sup-
ported them. Ii has never been objected to me
by my consiitneota, that I voted for building sev-
enty-fours and frigates, and for fortifying our sea-
port lowns; and this has afforded me an oppor-
tunity of ascertaining that my constiiuents ate
not hostile to commerce.

But we are told that the Eastern people are

.yGoogIc

«S9

HISTORY OF CONGRESS.

660

[.opR.

Dbobmbbr, 1608.

pecaliarlv affected bjr our measarei, and thai
thejr will not lubmil to tbem- What, sir, it the
pretent subject of dispute, which ha* inyoived
the United States in difficuUiei>1 Foreiftn CDm-
. mercealtogeitier. Wbo has it? The Eastern
people— they ha?e it all. The Southern people
have but little navigation, and care for little
more in reUtion to it ibao the raising their sta-
ple cooimodities, permitting their brethren of the
Uast to carry (bem la market. And becanse we
Touldnotgire up their corameKial lights, atid
have adopted measures for asierting tnem, we
are chargned with an hostility to, am] abandon-
ment of. commerce. The ctiar|;e comes with
very little grace indeed from geotlemen who say
that our present difficulties have ^tawo out of a
pertinacious adherence to every principle of com-
mercial rigbt. If principle were not concerned,
We^ the Southern people, might say. it is imma-
terial to us who carries our tobacco, cotton, ifcc. ;
bat we are contendiog for principle, for the in-
terest of our brethren of the East, and we will
not desert iliem, though we are threatened with
being deserted by them. We will diabeliere the
■sseriJODs of the leaders of faction, and hope that
the disposiiLoa does not exist, although attempts
•re made to excite it, as manifested by handbills
published there. Were it not for principle we
would not care anything about it; butacquiea-
oeoce would resemble the case of a farmer's steal-
ing his neighbor's wagon and destroying his
team, and saying no one but himself should carry
bis produce to market. We grow — ihey carry.

r ships are lying at the
wbarres, rolling bh we are told, and our farms
do not rot, they feel it a little more severely than
we do. But it is a lime when all should sacriflce
« little for the public good.

But if we are wrong, what shall we do 1 All
who condemn the courie are tilent as to what
ought to be done. Erery quack condemns the
prescripiions of the physician, and tells you all
la wrona. When pressed forhisprofe(,heshruga
up his shouldeii and is silent. Is this the course
of patriotism'? The patient he tells you is treat-
ed improperly. All is wrong, hut lie will not
tell you what is right. If that patriotism per-
vades their breasts, which one would suppoae
from hearing ibeir lanKuage, we expect ^om
them as Americans and friends, in the plenitude
of theii wisdom, to tell us what is to be done.
We say our measures are right, and as ihey con-
demn them, they should tell us what tbey will
do. Surely they do not mean to submit. Qen-
tlemen escape by saying all is wrong, and they
have an advantage in so doing. If measures
prove abortive, tbey may say I told you so; if
they prove right they are silent; their admoni-
tions did no barm. Thin conduct may he poli-
tic, but it is not patriotic.

But, say genllenien, will you abandoo com-
merced The refusal of the House to accept the
amendment of the gentleman from Connecticut,
<Mr. Daii4,) tntty be repreaented to the people as

evidence of an inleniioB to abandati commerce.
I will not abandon commerce. 1 will only sus-
pend it for a time; I will make our laws operate
uniformly, and not permit a few worlhlefts iodi*
viduals to make fortunes at the expense of the
community, by the evasions of them. Cut ofi
all intercourse ; increase our force. It would be
madness to rush into the contest unarmed, un-
prepared, and vulnerable at all points. 'Take
every step short of war, march up to the thresh-
old, and if possible accomplish our purpose by
pacitic means, before we pass it. We need not
fear the legions of Bonaparte, or the minions of
Qeorge III. We are not now subject to the
lerapiations of exclusive privileges offered to bis
Majesty's dutiful and loyal subjects, or the pro-
scriptions exempting oui patriots from the par>
don offered. When convinced that everything
bas been done tbat can be done, the people wiQ
rally around us as one man ; and whether for de-
fence or offence, will present a phalanx irresisti-
ble and unconquerable. I will consent to with-
draw the embargo ai to either, on a withdrawal
of his decrees, and to issue letters of marque and
reprisal against tbcother. Arming our n[>erchaDt
vessels would be war in disguise. 1 would qoi
wage war and then declare it. If we are to have
war, I wish to have it openly in the face of day,
and not secretly, and in the night, assailing the
enemy without notice, when be suspects no dan-
ger. I would not make war exceplitweredeclared,
according lo the provisions of the Constitution.

Bui a gentleman asks why do not we act, and
not spend our time in talking. I know, sir, that
much time has been occupied to-day to little pur-
pose; the remark made by the geatlenan from
Virginia, yesterday, (Mr. Randolph,] thai he
has done but little good, may apply to me. But
this observation of the waste of time comes with
an ill grace from bira, after having occupied two
or three days of your time this session, with mo-
tions, to violate the confidence reposed in us by
the President, and two or three hours more on a
question of order. The gentleman says he has
done no good; hut he has done much harm, sir.
by a condemnation of the measures adopted, and
throwing alt the blame on our own Government,
instead of considering what the good of the
country now requires.

Qenllemen have protested against the invoca-
tion of the spirit of 16. I wish it would appear
and purge toe body politic of lories and British
influence. I wish the line of demarcation to be
drawn, that we may ascertain who is for bis
country, and who is against his country; and I
regret that the noble spirit which operated like
enchantment, and conjured up a pretence for
plunging us into a war with France, after the
famous X Y Z ne^oiiation, does not exist, when
just cause excites it, and give efficacy and sanc-
tion to the principle contended for then, which I
hope will be our motto now — MiUianMfor d^ence,
and nat a cent far tribute.

Mr. LvOK spoke about ten minutes in reply;
when a motion was made to adjourn, and carried.
at about four o'clock.

.yGoogIc

€61

HISTORy OF CONGRESS.

Dbcgxbeh, 1808.

Foreign Relaliont.

H. opR.

Satdbdat, December 3.

FOREIGN HELATlONa

The nttSnisbed business of ye.iierday being

noder coDsideration ; and ihe question pending

OD the first resolution reported by the commillee

DO our foreign relaliona —

Mr. DAWSOMsaid, duriog the verr lengthy dis-
eossion, which took place in the Committee of
(he Whole, on this resolution, and which, very
unexpectedly to me, hasbeen renewed in the
House. 1 have indulged that disposition which I
generally feel, to be silent ; and have attended to
the observaiious of other gentlemen with pa-
tience— I wish I could add with pleasure. Many
uf them have been pertinent, pointed, and inge-
niouN, but, I think, ill limed.

Sir. at a time like ibis, when danger threatens
onr country from various quarters ; when our
rights and independence have been violated, and
oor demands for justice answered by new insults
and injuries; and when' It is admilled by most
gentlemen, who have spoken, that the crisis has
arrived when we should act as well as speak, and
prepare efficient measures to meet impending dan-
gers,— at sach a lime, I say, 1 did little expect
that we nboold have spent a whole week io dis-
cnssing a declaratory resolution, in .luppori of
which I did believe that every American voice,
heart, and hand, would have united; that, forget-
ting I oc»] and personal prejudices, we should have
come forward with a solemn and UDanimous de-
claration, " that we will not submit to the uolaw-
fnl edicts of France or Qieat Britain," or any
other earthly Power.

Sir, had 1 been on the select committee who
made the report on the table, I do not know that
I should bare recommended that resolution, be-
cause I might have thought it unnecessary ; but,
as it has b^n brought mward, and as it gives
lesiimoDf to foreign nations of our determination
to mainiaia and to vindicate our righiK, which
have beea too often violated, and appears to me
to be an iavilalion to us all to join in the support
of those measures, which a majbrity shall think

termine; when they shall be presented, I shall, by
the permission of the House, give my seniiments
on each, and all of them collectively. At present.
I will say, that my impressions are in favor of
adhering to the system which we adopted at the
last session, for enforcing it with the utmost rigor,
and for backing it with measures of a stronger
ehamcter. If, however, on candid iavestigation,
i shall be convinced that these impressions are
wrong, I shall most readily relinquish them, and
advocate that system best calculated to secure the
honor, interest, and independence of the country;
at all events, 1 shall be foundamong the foremost
" " placing the country in a more complete state

God knows 1 have ao cause to change it.

At present. 1 hope that we shall take the qoes-
lion oa this declanlioD, and proceed to do some-

1 have another reason for wishing this resoln-
lioD to pass without delay. The question, and
the only question, before the House is. '' whether
we can submit to the edicts of Great Britain and
France ;" (for the embargo, about which we have
heard so much, is not even recommended by the
select committee 0 and on this question the Rep-
resentatives of the people have been deliberating
for a whole week. What effect, I ask you, sir, is
this calculated to have on those who do not see
or hear what course our debates have taken ? and
what effect is it calculated to, have on foreign na-
tions, when our deeds are frequently misun-
derstood, and more frequently misrepresented ?
A very bad one, I fear. I have another and third
reason for wishing this resolution to pass. A rU'
mot has gone abroad, unfounded I hope, that
there are two parties in this country, the one un-
der FtCDch, the other under British influence.
This resolution is calculated to do away that lia-
pressiau^ and, backed by the mea.sures which I
expect It will be, totally annihilate it, and con-
vince the world that we are a united people, de-
termined and able to oppose auy nation which
dares to violate our rights ; that, while we respect
the rights of others, we will defend our own.

If other gentlemen view this resolution as I
do, I hope they will permit the question to be
taken, and the several resolutions to be referred.
whereby we may be able to do something; aqd
action, in my judgment, will hare more effect
than all our tardy negotialiuns, declarations, or
all the eloquence of this House.

Mr. MoNTGoMBRT said, be could have wished
very much that no discussion should tiave taken
place on the first resolution. He considered it a
declaration by this House, in behalf of the United
States, that the edicts were proslraiions of na-

plM^ of resistance.
been that it would have comported more with the
respect due to the nation, thai a silent vote should
have been taken upon it; but, as discussion had
been provoked, it must be met. Being a luember
of the committee which brought in the report, he
could not. under the circumstances, reconcile it
to his feelings to give a silent vote.

The proposition before the House, said he, is
called, and may by many be considered as an ab-
stract proposition. In general, I am averse to
abstract legislation, because it leaves the House
in precisely the same situation as it found it But
there are instances in which the urgency of the
case requires a departure from the general rule.
And if there ever was an occasion in which Ibis
was proper, the present furnishes an example,
France, applied to for redress of grievances com-
milied on you, scorns you, and gives no answer.
Englaad has given an answer, and in it utterly
refuses to do you justice. We may be considered
now as on the very verge of war. Is not this,
then, one of the occasions which loudly calls for
such a declaration as this? Again, an abstract
proposition may containagreat leading principle
which shall mark the character of the limes. We
find, in 1774, when oar ancestors were oppressed

.yGoogIc

663

H. OF R.

HISTORY OF CONGRESS.

664

Dbcbmber, I80B.

and atlempied lo be reduced to slarery, thai they
came forward before ihe people, aod it was noi
considered, ai that time, improper to make a dec-
laration similar to the present. In page 78 oT the
Journals of the Congreas of 1774, we find this
' declaration:

KSt. M. here quoted the declaraiioD of our
Is made at thnt time.]
"^hus we find when our ancestors were oppress-
ed by Bnglacd, and on the verge of a war, ihey
thought it pru[H'r and eipedienr, and not deroga-
tory to the dignity of the naiion. that there should
be a declaraiion marking the characler of the
limes. II is important In ano[her >~
there should be something of Ma kind,
leieoiaiions of the most atrocious sort have gone
abroad, and it is important that they should be
put down. To prove that such misrepresenta-
tions exist here, and in England, it is only npces-
sary to mention that a libellous pamphlet, Pick-
ering's letter, went through eight editions in Eng-
land, one in Scotland, and one in Ireland. From
these circumstances, it is highly proper that these
things should be met and put down by a plain
•talement of facts.

But, sir, we have been accused of wasting pub-
lic lime, 'this accusation comes ungraciously
from a quarter, which, it will be recollected, last
week occu[iied the House three days — on what?
On a question which involved in it a violation of
national conGdence. If we divide the waste of
time among us all, we shall find that that gentle-
man has had his full proportion.

This report has been said lo consist of episode,
prologue, and epilogue; and the committee have
been aiiacked from various quarters. It ought to
be recollecled by gentlemen that others in the
House have feelings as well as themselves. The
gentleman from Virginia tells us, that the report
contains nDlhiug, and has sagaciously discovered
that no bill can be bottomed on the Srst resolu-
ind another gentleman from Masjachi

, an,« • •> ■ ■

disgraceful.
- the committee they acted on it in tne manner
which their duty required, and made such a re-
port as they thought proper, to which no ill lan-
guage can attach disgrace. I therefore hope and
expect that the gentleman will not persi<it in the
words he has nsed, but retract them, from the re-
spect which he owes to the House and to the com-
mittee. If the expression be persisted in, how-
ever, 1 must say, as one of the committee, that
such language is indecorous and unmanly, and
does not comport with the manners of a gentlc-

The gentleman from Massachusetts, a few days
ago, by bis magic powers, transported us to Brit-
ish ground, and told us the emhetgo must be re-
pealed ; that the people would not submit to it ;
that il was impossible lo continue it longer. He
stated, 100, and went into a lone calculation to
prove it, that the people of the United States had
not firmness to beer ihe embargo. Is this lan-
guage novtfl? Look at British Ministerial pa-
pers and paiDphlets, and il is no more a novelty ;

it is the very language of British papers ingrafted
into Tory papers here. But the gentleman and
the English naiion, too, will be sBlis6ed that the
people of the United Stales will bear any stata
of things rather than slavery and submission.
The Ministry of Briinin also will know it.

But^ says the gentleman, there was no such
word in all the year 1776 as embargo. What do
we find, sir, when we ejamine the Journals of
Ccogresfl in 1774, as was done by my worthy
friend from Massachusetts 1 We Und that Con-
gress did adopt a non -importation and a non-ex-
portation law in 177-1; in 1773 they were not
repealed; and in 1776 they were in full force and
operation ; and no exportation took place unless
by special grant of Congress. The gentleman
says there was no such word as embargo in 1776.
There was not, ^r ; but siill the embargo system
was in full operation.

But, the pentlfman warns us not to invoke the
spirit of 1776. He says, it is to be put out of the
debate, together with the word tribute. What
may be called the spirit of 1776, sir t The spirit
of a Wasrinotoh. What is the spirit of whicb
the ffenllemaii talked so much, the other day. a*
existing in the Eastern States? Iimay becailed
a Pickering spirit. The former was that which
animated the heroes of 1774, 1775, 177S— which
inspired the Councils of the naiion with zeal in
their country's serriee, and achieved our inde-
pendence. What is this spurious Pickering spi-
rit? Il is a spirit emanating from delusion, dis-
simulation, disappoioieiF ambition, and gross,
palpable, and execrable misrepresentarioos. What
does it lead to? Pairioiismi I deny it. To
reguiargoveroraenl, or union? I deny it.

[Mr. MONTGOMERT was here called lo order by
Mr. Blickledge ; and the Spbakeb observed tbat
it was desirable that the gentleman should avoid
personal applications of his remarks.]

Mr. M. continued.— I am under the direction of
the Chair; the situation of the country, ihesiiu-
Biion in which we are placed by the operation of
this pernicious spirit must be my apology for
transgressing ihe rules of the House. But the
:pirit of 1776 is that which I hope at this partic-
ilar crisis every man will feel; it ercatea una-
limity and harmony. We ought to scout every-
thing which kioks like disunion and dismemher-
ment. The gentleman warns ua against calling
up the spirit of 1776. As I understood the lan-
guage which fell from him, it amoanied simply
to this;' In the times preceding 1776, England
passed certain statutes, which were considered
oppressive, end encroaching on our righia, and
the people resisted them. In 1807 a law was
passed by the Government of the Union, wbictk
the people of the Eastern States, by the agency
]f misrepresentation and falsehood, have been
taughi to believe oppressive on tbem. and that
they will, iherefore, resist it. The spirit which
these misrepreseotalioRs have produced may be
settled disaffection, which, in fact, is Tory ism, sir;
and the disaffiicleil are Tories. Qenllemen who
say that the embargo is a violation of their rights,
and that they will resist it, are styled abroad aa

.yGoogIc

HISTORY OF .CONGRESS.

DecBMBiH, :

Foreign ffetationt.

H. ofR.

(be partisans of that ipirii, wbich I im TorbiddeD
br tbe Speaker ID name ; >□ J, il is coniidered in
Eoglaad, that ia this country ihere are but ihe
two parties, that which nowanpports the Admio'
iilratioD, and ihac which Ilisre oanied.

Il is to be regretted that aucb a state of thia^
exists, but thai it does exist appears from the
afowed seDlimeats of gentlemen On this floor.
Why are you told that if you coBtinua the em-
bargo ibe people will resist ii? Why are you
told that it cannot be enforced] Why is ibia
language used 1 In lerrorem, I luppnae ; and in-
surrecliOD ia predicted as the coasequeaee. But
we live trndera aorernment of laws, sir, and the
laws are our aoTereigos. If those persons, then,
are the wealthy class of citizens, whichit is^iren
n* to undersiatid ifaey are, will it not be highly
importaot for these gentlemen, before they violate
the laws of their country and create a state of
anarehy, to peuse? But, if they persist in a vio-
latioQ of Ihe laws, if iheir sails are bent, or their
anchor atrip, they must go, but they must abide
by the consequences.

But, says the gentlemen, you must not name
the word tribute; you must put that, too, out of
Ihe argument. Why) Because it Is iropracti-
cable that you should pay tribute ; because you
must &nt go to England, and the very going
there prohibits you frotn going to France. Facts
speak louder ibaafortytbouiand such declarations
as these. Is it not ascerlaineil that there are Amer-
ica a vessels uow in the very not of infamously
paying tribute lo England? The fact is incoo'
trovertible. An ioslance has lately occurred of
enforcing thU tribute. The brig Sophia, pur^n-
iog a fair voyage. She was met and forced, by a
British frigate, to go to some port in England —
for what? For trial for evading the British ed-
ieta 1 No i «he was carried by force into Eng-
land, atid compelled to pay tribute, and for no
other purpose. She then pursued bet voyage to
the town of Baltimore, and thousands of the pa-
triotic inhabitants, indignant at the disgrace, got
Ihe cargo, on which the tribute had been paid, and
Gonsiffued it to ibe flames. This wasnot the act
of a lawless mob, but of freemen indigoaot at
paying tribute, and among tbemiwere inteimin-
gled a great number of Revolutiooary patriots.

From the communications from the Kiecuti 7e,
during the past end present seMJot). it appears
that ererythiDg to he expected from England is
at an end. Ofiposed lo redress of any kind, the
only wish of France is, that we should declare
war agaitiEt England. What is the iniimition
which we have received from England 1 Sim-
ply this: She says, we hare obiatned ihe con-
quest of the ocean, and we have a right to it, and
every thing which you enjoy there shaVl be Ihrouith
•peciai favor. Again, England nays thpt her de-
crees are retaliatory, and being so, she cannot
recede from them, because if she does, it would
be a coitcession to France. Here, then, is our
exact aituation: France will not repeal her
edietf, and England will not repeal hers unless
Fraaee sets the example. We are brought to a
crisis. Negotiation is at an end. When the em-

bargo was laid, Degoiiaiion was still pending,
there was still some glimmering of hope of ac-
comraodation, which is now all but extinguished.
We have acred a fair, candid, aud upiighi part 10
both ; we have offered to both to withdraw our
embargo, as related to them, and keepiogit onaa
related to the enemy, if Ihey would withdraw
iheir orders. Bath hare rejected the oflcr. It is
incumbent on the nation, then, now to pursue a
firm, decided, and steady course, having partiali-
ties eeiiber for the one nor the other; and we
must not be driven from 'our course by any lan-
guage held out here to ane ua.

In conclusion, I will only obeerre, with respect
to the proposition before us, that it had my hearty
assent in the committee, sod shall receive my
decided voice when I am called upon to rote

Mr. MuwrosD said, he agreed most cordially
with the geoileuan from Maryland, who bad just
rat down; he was decidedly in favor of real
American measures. He hoped the time had
now arrived when all would unite in defence of
those principles of independence, and assert our
rigbtsi he coiociiled in senlioient with that gen-
tleman in taking real American groutid, He
said thai having been born in this land of tiberiy,
and having early learned to appreciate its value,
under the auspices of a man whom his country
delighted lo honor — who wasoneuf the brightest
oraamenls of human nature, and whose name
would be held in grateful remembrance as long
as the art of printing shall endure — be was ac-
customed to act and think for himself ; he ever
had and would freely express his humble opin-
ions and maintain those independent Republican
principles, he had uniformly avowed. He bad no
predilections for either Oreat Britain or France;
his predilections were in favor of his own coun-
ti7, in preference to all others. He could not
have any for either of the belligerents; the rulers
of the ocean had caused bis father to be burned
out of house and home, for bis attachment to
Revolutionary principles, and had since robbed
his children of ninety thousand, dollars. How
does the account stand, said he, with the ruler of
the land 7 1 bold in my hand documents from
France, certified by the American Consul, which
will show thai he has sequestered of my property
upward of fifty thousand dollars; and, on a Ule
applicalion to the Emperor, to have that property
as well as a very larze amount belonging toother
Americans, in a like predicament, restored, we
were informed that the decision of that question
was put off for the present; and, on cumparing
note; with the merchants, in diflerent parts of
the United States, it will appear that the sequea-
iratioo of, American property hy the Governments.
under the control of the French Emperor, would
likely exceed twelve millions of dallars; and all
the merchants' coirespondeats in France agree in
staling that the resloraiiun of their properly de-
pends upon what course our Government will
pursue. They say, if you will join ibem, your
properly wilt be restored to you. For my part
sir, I will not only sacrifice my fifty ihouaind

.yGoogIc

667

HISTORY OF CONGRESS.

H. OP R.

f\>rmgn Belatioru.

Dbcbmbbk, 1806.

dollars, bat my all, KiODer than lubmit to the
niBDdatpi of any fureiga Power on eartb.

Mr. M. said, tb&t the wbolecalalnsueof wroD^
and SEsressiona from the two great beUigerenli,
which nad beea officially coimuucicaled to ibem,
atid wbicb bad been aioce lo emphatically de-
■cribed by tha genileman frotn Keaiucky oo hia
left, (Mr. Johnson,) bad filled hii miad with in-
dignalioD ; and, if he knew the chBiacler of hli
countryiaeD, and he tboQzht he did, ibey would
all say, sooner perUb (he United States than sub-
mit to the niaodatei of any foreign GoTernment
on earth. But, while be would take a decided
stand as it regarded tboaa two great belligereats.
ke could not see any good reasou why we should
not cultivate a friendship with thoie who had
ahowQ a diiposiiion to receiTe as on friendly
terms. He had not heard it said that such a
measure would compromit the nation's honor,
and he was incapable of advocatinganvmeunte
ibat he iboughl would derOKBle in the least from
the honor of bis country. Then, why not relieve
our citizens 7 And, if it nhould be deemed ad*i-
lable, authorize them to arm in defence of their
commerce as our ancestors did in 1776, and leave
it to iheiK ingenuity, and they will find a market
for the whole surplus productions of our soil T

He had no objections to the first, nor to the last
resolutions of the committee; they bad in Com-
mHtee, and did here, meet bis entire concurrence,
as well as the first member of the second resolu-
tion, excluding from our waters all armed ships
of the belligeieols having decrees or orders
against our commerce; bul, be was not so well
satisfied with the last metnber of the second reso-
lution ; it was, in bis humble opinion, approach'
iog closely upou a declaration of war, and he
doubted whelner it was now the proper time for
it. Whenever that time shall come when we
have no other alternativeand must have recourse
to the dernier resort of nations, he now repeated,
what he had before said, that he would not shrink
from ibe contest; and he hoped, in the meaH'
while, all the vulnerable pointu in every part of
the Union would be placM in a complete posture
of defence.

I have, said he, long entertained doubts about
the policy of entangling ourselves in alliances
with the Old World. Prance and Qreal Britain
have, for ages, waged a war of extermination. It
is very true they have, every now and then, made
a (ruce, but such are their nrejudices and irre-
concilable enmity toward eacn other, that, among
the variety of their contradictions, they even in-
vite the winds of the heavens to grind their food
in opposite direction.i. And shall we enlist not
oaly our passionsand prejudices but those of oar
posterity in their dispotes and quarrels whenever
they choose to go to war 1 He hoped not, and
he was inclined to let them fight their own baiilea
ID their own way, and wa would assert out just
rightH iu our own way.

We represent a thinking nation, slow to anger,
but jealous of their rightc. Let us take care not
to iDfringe upon their inestimable privileges.
This ii a Qovernment of laws, and they must be

obeyed ; , , .

faithful execution of those laws, but they should
be reasonable. If they bear bard upon any of
our citizens, they hare the undoubted Constitu-
tional right to petition against theirgrievan
The laws can ooly be repealed or amended i
Constitutional manner, and, from the virtne al-
ready displayed by the American people, I doubt
not Ibat they will persevere unto the end.

Mr. Nii.aOff said, he had Ions remained silent
on this question, and had intenoed still to remain
ao; bat arguments had been used so extremely
improper, in his opinion, that he considered it a
duty which be owed lo himself and to bis con-
Eiiiuenls to make a reply to them.

It hB<> been said, observed Mr. N., that the first
resolution is an abstract proposition, and tatalJy
uaoecessary lo be acted oo. 1 deny the assertion,
and maiDtaio this doctrine — that it is neceesary,
if we mean to preserve our rights and liberties,
that we should, from lime to lime, recur back to
first principles. Since the year '76 great changes
have taken place in this country. A spirit of
commerce, of self-aggrandizement— a spirit of
avarice, has seized upon the great body of the
people of this country ; so much so, that the ori-
ginal principle oo which the Qovernmeni isfound-
ed, is, in a great measure, neglected ; and, there-
fore, I say, that there should be some public ez-
presaion of the seaiimeats of the nation. In thia
country we have now do other mode of express-
ing our sentiments on any subject ilian by reso-
lution. In England and other countries onder ■
monarchical Qovernment, whenever a communi-
cation is made by the King, an answer is return-
ed by the Parliament, in which agencral exprea-
■ion of the public sentiment is contained. Here
we receive all communications from the Ezecti-
live in writing; no answer is returned ; the sul>-
jecta embraced by the Message are divided be-
tween the different committees; and no expression
of the opinion of the, Legislature can be obtained
but in this way — by resolution. I therefore con-
tend that it is not only proper and- correct, but
highly necessary that this resolution, the firal,
should be passed.

I am eitreiiKly sorry to find in difierent parta
of this Honsa so much warmth of expreuion,
when the times call for a wry different coarse of

Erocecding. To me it seems highly improper,
ecause my opinion differs from that of another
f;enileman, that I should make use of harsh if not
indecorous language toward him. How are we
iitaated at this time, sir 7 We are said to be ob
the very verge of a war. Nay it is doubtful whe-
ther we are not at war. With whom'? With
two of the greatest nations in the world. Is ibta,
then, a time for violent language 1 Par from it.
I wish there was a spirit of conciliation in the
House. I would permit to others the free exer-
cise and expression of their opinion, and I hope
they will have the same charity for me. I wish
that irritatiag Jan^uage ehould be done away.
This is not a qacsiion whether one parly or ano-
ther should be uppermost, bat it is a great na-
tional question, in which I hope every partj wilt

.yGoogIc

mSTORT OF 00N6E1SS.

670

DGCGVkBft, 1808.

Poreign Relationa.

H.orR.

aaiie; and, wiih ibne wishes, I coald doI help
rebelling when ■ feotleman from the Eastern
coDoiT^ told us thai our laws could oot .'
led. Ido not belicTe that the gentlemi
reet. I Imst in God that the laws can be executed,
ibat there is patriotism enough to iosuie their
esecDtion. And ir doses or warm waier will oot
bring the opponenls of the execution of ihe laws
to their senses, the other part of Singrado's pre-
scription must be tried. I should be sorry to see
hlood spilt in tbia way, sir; but it is neceuary
ibal the laws should be eKecuted; aud if thef
CBDDOt be enforced in one way thef must be
another. When, however, I hear one geoilem
from HassachuseltB (Mr. Quinct) say thai the
laws cannot be eiecutedjBnd another (Mr.BACON)
sardifferemly, my opinion is in an eqnilibrinm,
balanced between the two; and I fancy that it
would be the best way to say that both are a li '
mistaken. 1 believe that the Eastern people hi
as mach patriotism as the Sonibern ; that they
can support their rights I well know, and have
not a doubt that they will. If any portion of the
people should attempt to prevent the execution a '
the laws, I trust there is power enough to pu
ibem down. The people of their own neigbboi
hood will lake care and see the laws properly
ezeeaied.

Thi« question haa been strangely argued,
indiscuBsio^ it gentlemen have strayed widely
from the poiot, and myself aa much as any ; but
I considered myself jastifiable from Ihe example
tri me by others. 1 have not wisdom enough to
lay what is the wisest course to pursne. 1 am not
attached to any particular course, alihhugh the
embar^ has always appeared to me to bethe best.
If any eenileman will propose any other course,
which he can satisfy me will be more beneficial
(o the people at lar^e, I shall be willing to adopt
it ; and 1 do not think that the Kentlemen show
much patriotism, when they undertake, becauee,
they say they are in the minority, to csrp at the
plans of the majority, and refuse to offer one
tbemselres. I think, at this time, they should
come forward with a plan ; and 1 declare lo God
if any geDileman brings forward a plin, which
will properly supersede Ibis, 1 will adopt it with-
(int looking irom what quarter it comes. As to nice
calculation, we have had it over and over again,
and I think it as useless for a man to get up and
recapilnlaie for two or three hoari, what hail been
•o often nid, as it is lo spend the same time in
argument to prove the truth of a proposition
which DO man denies.

Mr. Macon mid, before the question was taken,
he wished to make a few observations, in doing
which he would endeavor to follow the advice of
ihegentlemanfrom Maryland (Mr. Nelbok) who
had just sat down; neither to repeal whatolheTi
had said, nor to make a lonr speech. He felt no
disposition to fatigae (he House or to tire bim-
•elr.

Mr. M. said he bed, slated when he introduced
sevenlreaolutionisomedays^i, that there were
bot three altnuatives — snboiisilo'i io the edicts
of (he two beUigeieota who bad injured tit— war

— or a continuance of the embargo. If there were
any other he had not discovered ii, nor had any
one yet told the House of another; but if any
olherproducliveoftheEsineendsshouldbeofiered,
that would be more satisfactory to others, he was
not Eo much atitached to (he embargo as to pre*
rent his voting for that.

Do we know, said Mr. M,. that we have a
single friend in the civilized world? We bav«
oolHannibalHt the gale; but Rome aod Carlhaga
have both declared against us. Upon our own
means alone we must depend, and if properly
managed, they are equal lo the crisis.

The second reEolution reported by the commit-
lee, Mr. M. said, was in substance the same with
two that he had moved. On this subject be had
reflected much, uot only since his arrival here,
but while at home. On the subject of the em-
bargo, be had endeavored lo ascertain iheopinioa
of well informed merchants and navigators, net
of one political parly, but of both. The result of
Iheinquirywasihat the embargo was a wise mea-
sure, aod it was considered by some to have saved
10 the United States fifty thousand sailors and
fifty millions of property. This was the smallest
number of either which had been mentioned to
bim, and was not considered too high.

If you raise the embargo, said Mr. M., what will
you do 1 Submission is out of the question ; and
there is no proposition for war on your table. Thia
is a proof thai all consider our present situation
better than actual war ; and in my opinion, the
embargo, aided by the second resolniiou which
proposes a non-intercourse, will produce all the
effects which can be desired by us on the two
great belligereni nations. Thesecond resolution

firoposes to put both these nations on the same
aoiing. In their conduct lous there is not much,
f any difierence. Great Britain impresses out
leamen and attacked the Chesapeake frigate, and
Prance pays no regard to the treaty which now
exists between the (wo countries. In everything
else I consider them as acting towards us alike,
and at all times on the same principles. A[ this
moment we have a law prohibiting the importa-
tion of certain goods from Great Britain, and the
id ships of that nation are prohibited by pro-
alion from coming into our waters. AaopI
ihe resolution and you place Ibe two nations oa
footing, aod if one or both shall not like
ion, (bey know how to get out of it. Wq
only want ihem to act justly towards us, and
■thing more.

When gentlemen talk of trading to this or that
place under present circumsiaDces. they seem to
forget the omuipoteQce of the English fleet, and
that to carry on iheir desired (rade,they must fight
their way ihrougb (hat fleet. Permit me,«ir, to
add a few words as lo war wiih both nations. Both
have long endeavored to get us into (he war on
Iheir tide, and if we now go lo war with both, it
III be only a nominal war with Prance, while
will beau actual war with England; aod so
long as the British fleet prevents a French vessel
from sailing on the ocean, so long (be war will be
only noraioal with Prance, because we shall never

.yGoogIc

HISTORY OF CONGRESS.

H.ortt.

Poreigit Relalumt.

Deobhbbh, 1

meet. Tbis ta my mind ii an Htlililional reason,
to induce us to try the embargo some lime longer.
To rae it is clear as noon-day, Thai you canaot
trade except to Qreat Britain and her dependen-
ciea without Sghiing youc way tbrougli lier fleet.
I have anotbi^r reason Coi wisliing to try the em-
bargo some time longer, and to bave it amended
in Buch manner an to prevent evasion. It is ibia;
thai from the earlieal ageofour country, we have
believed that by withholding our supplies and
withdrawiog from the ocean far awhile, we could
bring the most powerful European nation lo fair
terms. The eiperiment is now making, and I
am desirous Ihal it should be fairly made; that if
it succeed we shall know the value of the measure
■Dd if it fail, hereafter we may not depend ou il.

Some gentlemen, living not very far from me,
have advanced opinions on the aubjectof the car-
rying trade, against which I now, as I always have
done, whenever I bave heard them advanced, pro-^
lest. 1 am now willing, and always was willing
to go as far ai any member of the House in the
proloctioD of the trade which fairly grew out of
tlie agriculture and fisheries of the United Stales.
I never wilt consent to risk the beat interest of the
nation, for a trade which we can carry on, only
when Europa is at war. I do not heaiiaie lo
maintain this al tbis'iime, noiwiih^ianding the
ery. that a part of the United States are not only
Willing lo cramp trade but to destroy it. A re-
eurrencB to the laws will show the great encour-
agement which has been given to it. la ihe draw-
back nolbin^l Are the discriminating duties
nothing 1 Besides these, many other thing* have
been done for trade. Attempt to repeal ooiy one
of them, and you will immediately produce a fer-
ment among the merchants. Ask the tailor too,
who is brought home by the Qovernmeni, if nolh-
iDjT has been done for him 1

The uncommon state, in which Europe ban
been placed by the last and the present wir. ought
to makeni al least eautious, not to eater into war
with France and England, provided we can by
just means keep out of it. There is no visible
object for which tbey are contending, unless it
be for the mastery of Europe. They have by
aome means or otoer involved' every nation in
Europe in [heir warsand quarrels, and have nearly
ruined and desirof ed all of iheiu. When geotle-
roen apeak of the evils which we suffer, not 1 say
in coniequenceof the embargo, bill of their wicked
orders and dearees,letthemcompare our situation.
and Ihal loo as had as ihey declare it, with. Ihal
of any nation which has gi^neinto the war. and
tbey will find that we have cause lo rejoice. Com-
pare il with that of Sweden, who has not suffered
•0 much as many others, and they must be satis-
fied that our siiuation is far better than that of the
Swedes. We have enough of ihe necessaries of
life to make us content, and th^re is no nation in
the world, at ihis lime, that enjoys more of the
luxuries of Europe and of the Eaal aud West In-
dies tbio we do; in a word, none that enjoys
more of the good things of this world.

We have beard as much said about ihe
bilitf of a trade to Spain, to Ponagal, to the

^;

Indies, and to South America, as if that trade was
fairly open to us and peifecily secure. Bui when
you compare ihis with what ihe gentleman fram
New York (Mr. Mumfohd) told us about the
French officer, and the dispositions of the people
of Orleans (and 1 regret he mentioned them, be-
cause they have no delegate here,) your aitention
will be drawn from this possible trade, lo the
troops in Nova Scotia and Jamaica; I will not
hazard a conjecture as to their destination, but I

, I shall only add, that it Was a spirit of firm-
ness, a spirit of perseverance, a spirit deter-
mined not to surrender the rights of the natioit,
and further, that it was a pacific spirit; having
told the world, that the United Stales were in-
dependent, it only required of Qreat Britain 10
withdraw her troops and do us justice.

Gentlemen seem from their arguments to sup-
pobe, that only one pari ol the Union is interested
on this subject. Il is a subject, sir, in which the
whole naiioD has a common interest. Foreign
nations undertake to dictate to you, and to tax
you, and yet only one partof ihe people interested!
The tame gentleman from Massachusetts seemed
lo consider it a questioo of trade. Be it so, for

have little or no trade, because be aays there is ni
danger nf your paying tribute to England, for this
plain reason, that if you go there, you cannot go
thence to France or her dependencies, without

Ihe rigdt to go elsewhere for a market, and yon
instantly 'glut that market; and experience has
taught us, that under such circumslances, the price
would scarcely pay the charges and duties. L.et
it not be forgotten that when we bad a sort of
war with Franca, the price of tobacco fell to al-
most nothing, compared to that which it bore

I apeaknfiohaeco,becauselaiti better acquainted
with the price of that than any other article
which we export Before the v

than three dollars at the aame
place, and not in demand. The true cause of this
fall in the price, was understood to be, that all tba
British markets were oompLetely glutted, and that
there was great difficulty in getiios it to a mar-
ket on the Continent of Europe. How baa this
same article been affected at the same place by
Ihe embargo'? When it was laid, the price there
did not exceed four and a half dollars, and it has
not been less than three since. This, to my mind
fully proves, that the embargo has not injured the
price of it, whatever the orders and decrees of
Franceand England may have done. Noonecan
doubt, that if yoa were to raise the embargo, the
first cargoes lo Great Britain would command a

.yGoogIc

HISTORY OF CONGRESS.

674

Decemiib, U

Firtign Relationt.

H. opR.

good jvice ; bat the (noment ibe market was glut-
led, it would scarcely pay the charts.

iriaDdentacd the gentlemaa froia MauachO'
se(U rif[htly, be said, ibat when I iottoduced the
moluliDDs, I spoke wiih uneominDD zeal. [Mr
QuiNcy eiplainedii He had said the genlUiaai
had spokrn with a zeal which did bim hoDor]
Sir, permit me. to assure that gentleman, that it
iru vilh DO otber zeal than fgt the welfare of oui
eomniDa eoanlry.

The ^eDilemao from Virginia (Mr. RandolpBj
Died aa argument againti the embargo, and thi
plan now proposed, which lo my mind was coO'
clDiiTc-in favor of both. 1 thank him for it, be-
caoH it b a better one than bad oocurred lo me.
He liked, who could bave supposed ibat th^ IW(
great eoDfliciinginiereitsof the nation, theagticnl'
lanland ihecommercial, would have DBJ ted tosup-
preti all trade 1 Can there be a slroager eTidence
of the correctness of ibe measure, than the uaion
af theie great cooflicliog iQtereM* in aupport of
][ ? Would they join to support'a measure wbicb
JDJuied tbem both 1 No, air, it was the inl«resl
of both that united tbem. An attempt baa beei
made to compare the plan before you lo the Chi
nese policy. No man in the nation can, it aeem
tome, seiiously believe that we intend loiniro
duce such a system ; but, I will ask, would not a
Chiaese policy hare been better for some of ibe
unions of £i>rope, than the policy which they
liaie pursued? Would it not have been better
for Prussia?

la the part which I hare taken in the whole of
ihii business, if I know my own heart, there has
beea itothing of party in it. I have beep willing
rrom theftrst to discuss the qucstioa in any shape,
)a which any member might wish lo have it dis-
cuued ; and 1 difler very much from the genile-
nuo from Virginia, (Mr. DAwaoit,) >*ho ba* ex-
pressed a desire to have the question immediately
Ukrn. 1 bope that every member who wishes to
giFe bis sentimenia, will be heard patiently ; and
if an; one should be desirous of speaking more
ihan once, he will have my consent to speak
iweoty times, if he denres iL If the embargo baa
produced no good, apd iinow only producing evil,
It aught to be repealed. But 1 6rmly believe that
it bas pcDdoced much good, and if the laws be
ptopeity ainended, Ibat it will produce all the good
tbat evrr was expected from it; for I cannot be-
lieve, aotwiibsUDding the opinion of the genile-
maa from MBSsacbuseits, that any respectable
man will be faund violating the laws of his
caoDtry.

If you raise tbeemljaTgo, where will you trade?
Vou cannot calculate on trading with Spain and
PoriDgal, and their dependencies, without the
coDieni of Great Britain 1 For, notwithstanding
illey are contending for their indepeadeace, it U
*iih the aid of England ; and without thai aid,
ibey could not do much, because they could not
|«t all lb* anpplies tbat they atand in need of. It
i> Dot maletial to me, in the present question, for
>hai Spain and Portugal are contending ; but so
far as ibey are contending for self-government, 1
*ith them success. It is oot in their power, with
lOthCos. 2dScss.— SS

France on one side and Great Britain on the
other, to afford us commerce on any jusl terms.

I agree with the gentleman that in a state of
war, some of ibe seaport ioWni< will suffer more
than ihe ioterior country; but it is equally true
that ihey will have all the advanlages resulting
from the expenditure of the puhlit: money, by
which they will be enabled 10 speculate with pro-

fit o

the c

intry.

There is but one way when bad laws are
passed, to have them altered, and that is by elec-
tions. They are the only correctivei! not, only
against tbem. but against every abuse of power.
Tbeaehavehtsiy taken place, and so far as I am
acquainted ihey terminated favorably to the etn bar-
go ; iu some districts it was made a question but
without effect, in others, where a change had
taken place, it is not pretended' that the embargo
had much effect, probably none.

It appears to me that there never was a time
in which it was more necemary than the present,
practically to observe one of^ ibe admoniliona
printed on the old Continental money — United
we Hand, divided we fali. Nothing but a strict
altenlioD to this can secure our rigbls; it will,
as formerly, secure to us all that we ought in
justice 10 expect. If, on a fair experiment, the
proposed plan does not produce the desired effect,
and I then have a seat in the Natiooal Legisla-
ture, I wiligo is far as any member in adopting
such measures, as shall be best calculated to en-
force our national rights.

I have nothipg more to say ; I have expressed
my ideas in a very desultory manner, just aa
they have oocurred. I did not expect to address

fou today. I have endeavored to do thai which
promiaad ; nat to repeal what others have said,
and though I have tired myself, I hope I har«
not faiigued the House.

Mr. KAnnoLPB.— It has been considered by
every member, I believe, who has spoken on ihia
subject, that the great qnestion of our foreign
relations is noif before Ibe House; not, dr, that
this or that pttriicular resolution is ihe subject-
matter of onr discussion, hut that the uliimalo
course lobe pursued by ibis country with respect
to foreign Powers, is the point to be debated. It
is, I conceive, not an unfavorable circumstance
that ibis view of the question should have been
taken ; because, if nbt taken here and now, where,
I beseech you. could it hav& been taken at alii
The subject of our foreign relations hfci been re-
ferred to a' committee, who have brought in a,
port. If we were to conSae the discussion to
e minute details of this report, to Ihe mere
naked question presented to us, where is the sub-
ject of our foreign relations to be discussed gen-
erally 1 So far as this particular question (wnieh
is but of little magaltude, though made a matter
of much imparlance by gentlemen calling for
the previous question and raising questions of
arder on it) is concerned, 1 feel myself scarcely
interested in the decision. But I do feel myself '
interested to a degree which it is impossible for
me to express, as to the course which this House
will take on the subject ultimately. 1 think we

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Fitreign Relation*.

Deobmbbr, ]

are simoOing on the brink ind Tergr of ruin. I
address myselt to ihis House; mjr obtervaiioiis
are not intended for persons without these walls ;
they are addressed t& the sober understanding of
gentlemen who mkj chance to hear them.

In the few deanhoiy ohservatiom which I
threw out the other day, (more in the nature of
heads of discourse, than regular connected argu-
menl,) I touched uo one question on whinh I ask
the patience of the House to hear me again. It
is this: Wherefore was the Consiituiion of the
United States created'? Out of what did it
grow 1 Prom what stock does the great mass of
powers possessed by the Federal Qofetnment
•pring? From relations of peace and of war;
from intercourse with foreign Statec; from com-
merce. It was more immediately the regulation of
cammerce which gavebirih to this Constitution.
Ii was not contemplated at that time that this
nation should eier pursue that which, in my
opinion, has been properly called a Chinese pol-
icy. It was as well known to the nation then ai
it i« now, that by the revenue derived from com-
meree alone could the Qenerai Government be
enabled to perfect its engagement*, to keep the
public faiih, to provide for the general welfare
and public safety. For this purpose the Consii-
tutiun was adopted. 1 cannot help casting back
my roiod to ibe lime when the adoption of thi ~
Consiitutiun was agitated in the Ounveation i
Virginia. 1 at this time trembla ai the recollei
tion of the prcdiciioDS made in that body, when
I think I can sec their fulfilment near at hand.
It was at [hat time foretold by the greatest
■talesman — if not the greatest slaieimao, lli
greatcKl orator that America ever knew, ihi
if the rime should erer come when the State an
Federal Governments should have to be sup-
ported by revenue derived from direct taiati"
the existence of the one or the other musi
destroyed. An aliempt to feel the public pulse
on this subject, a mere attempt at experiment to
collect a beggarly revenue of ooe or twt

lions, has already put down a former Adi

tration. We are now called upon to resolve (hat
we will bare no eoaneiion of import or export
with ihe rest of mankind; to substitute this mea-
sure for war, for defence, for offence. What
will be the inevitable result 1 Are we prepared
to violate the public faith ;'tu issue continental
money agato lo pay the expenses of the Govern'
mem 1 1 know the case is provided for by thE
Constituiion — but whatare Constitutions them-
selves in the mighty concnttions of parties'
Are we prepared for this state of things? 1
have the honor to belong to an imporiani com
mitlee raised on the question, what shall we do
with our surplus rereuue; with the surplus rev-
enue of a nation which neither buys nor sells ;
of a nation whose revenue is derived'from duties
on tonnage and imposts, and which is without
import and without export. Sir, I hope to be
excHsed, if, in the course of the observations
which I make to you, I should not follow the ex-
ample set me by my worthy friend from North
Carolina, (Mr. Macoh.) I feel myself loo deep-

ly interested lo express myself with that method
and precision, which is much to be desired, but
cannot be attained at least by me. It does appear
10 me, sir, that the final extinction of the gov-
ernments of these Slates is at hand. If we are
ve no connexion with foreign nations, no
iters abroad, none from other Pow

J trade,

relatio:

(for this state of non-intereourse c-
plates neither the one nor the other,) where was
the use of the General Oovernmeot f It will no
longer answer the purposes for which it was in-
lituted. I hope i may not be mlsunderetood ;
loihing is furtner from my anticipation than the
destruction of ibe General Government. My
fear is that it will swallow up the governments of
the States. I see by a late publication that the
person *ho is perhaps to wield the destinies of
this nation, has long thought that (he govern-
ments of (he Slates ought not lo exist. Take this
faci with another fact; that a questioo if pend-
ing before a committee of this House whether
the powers of the General Government shall not
ilarged so as to narrow duwn still further Ihc
■ra uf the gorernmeoii of (he States. My
i& (hat the strength, grandeur, and magnifi-
B of this Government, will swallow up the
power of the States. I have do hesitation in
saying that the State which 1 represent cannot.
by all the taxes which can be so squeezed out
of her, yield her quota to the auppor( of the
General Government by direct taxation. What
do you infer from this, sir? Is the General Gov-
ernment going'to take the attitude of a State in
the interior 1 Ask your greatest statesmen; ask
the Secretary of the Treasurv, out of what this
Government grows. He will tell you. out of
our foreign reUtions. It grows out of our power
to supervise tbe concerns of this, with the Sovf-r-
eigos of other nations. The moment wedisrobe
ourselves of this general power,and the Govern-
men'( of the United States employs itself in mat-
ters of mere local and interior regulation ; in
laying out and cutting canah, and building
bridges, the goTernmeots of tbe States are ex-
punged— from thai moraent they cease M exist.
The people will ask tbemaelres this question:
Since the Government of iha-United States has
nothing to do with foreign relations, and we have
no money to pay for Ihe support of two Qorera-
ments, where is (be neceuity of having two sep-
arate Governmenu directed (o tbe same objects^
This'is my fear, and it ia a fear which I feel it
my duty to express.

No, sir ; two Oorernments, each of ibem de-
pending for support on one anil Ihe same people,
and that Bopjiarl derived from direct taxation,
cannot exist in this country. It is as mucb as
the people of the country in which 1 live can do;
I will go further, and say, ii is mora than they-
can now do to pay their contributions to the Slate
treasafy. They look forward to soraethiDjr like
a restOTBlion of the ancient state of ihingn for
their ability to do ihai, and to Ailfil their eagage-
menii with one anoiher.
My friend from North Carolina (Mr. Maook)

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busiid ibai this idea of coerciog [he oatioai of
Europe by rerusing [o have iuiercourse with
them, h IS old as the Revolulion. I wish to ask
mr frieiid froin North Caialioa, aod other geQ-
llenieD who heat me, if the course to be pursued
by us, a free, sovereign, and iudependeDt oatioo,
forlbe purpose of coercing all the rest of ihe
«orld, is that which it became tbe Colooiet 10
ttke in order to coeica the mother couaCrf, poi-
msiog Ibe monopoly of their commerce. Sir, I
feel that it is impossible for me ; tbe intimations
which I hare from within of my own weakness
coDTJiice me that it \e impossible for me to ^o
OTH the grotind which I intended- to occupy m
this discussion. I must throw out my ideas rather
by iriy of inuendo than in any regular system.
btbis Batina, I ask, to pursue ihat course, in or-
der ig coerce aN Ibe nations of ibe woild, which
iDigtit bare been a proper weapon forthecoer'
cioD of the mother country who held tbe eiclu-
livB monopoly of our commerce 1 There is no
tulog^ between the stale tif the rest of the
wDild theik and now, or between that of these
United States tben and now — between the rela-
lire sitnaiioos of the parties, oue of which ud-
deriites to act on the other by -this new-ioTenied

r)liti»l machine. What is now the Male of
panish and Poriugeese Amprica, and what was
idbea? Totally changed. What is our condi-
tion? Bntirely altered. We have now to fulBI
ibe en^gemeals which we hare made — to pay
tbe price of our indepeudeuce. We were tneu
free from debt, at least from public debt; and we
freed ouTselrei from private debt by a conSsca-
lioD of what we owed across the water. We
mi^bl then do without rerenue, because we bad
Dot [he purposes to which revenue mu^i necessa-
rily be applied. With your marine, with your
army, with yout palaces on this hill and on that,
tpiofaie expenditure of laooeyinal least every
ciiil department of the Gorerumeiil — and here
let me not be uudentood as making- charges
agaiiMt those who have now theconduct of the
public affairs; it is an excrescence, no abuse
powing oat of such Governments as this— will
you, wiih all these objects of expenditure, dis-
pense with your rereane? If not, whence ii it
10 be derived, if you declare ihat you will not
suffer yotir ptoduce to go abroad, nor hold any
iaterconrse with the rest of the wotldl You
mosi look at borne for ii; there u nothing lef[
bui direct taxation and excise duties.

I confess for one that 1 was mortified at seeing
ibe proceedings of the first Continental Congress
rewried to, to justify the proceedings of indepen-
Jmi America; In the year 1714, when we were
provinces, loyal and submissive petitions were
sddressed to His Majesty, and addresses made to
Ibe people of Great Britain, Ireland, and Jamaica,
ODC ofwhich was read by t hegenlleman from Mas-
Mchusetls,(Mr. Bacon.) in his place. There the
o!d Congress say to tbe people of Jamaica, you
bare aothing more to do tbao to' convert a little
>ogar land into provision ground, ami our mea-
sures will not hurt you in tlie least ; and this, sir,
«u iutrodnced to show oui power of aSecliog

the West India island.i, by witbholdiog our sup-
plies. We know that the West India plaaten
have already proSied of ihe advice ue gave them
in 1774. ("Here Mr. Bicos asked leuve to ei-
plain]-;-Mr. Rakdolfb said that he yielded the
floor with pleasure to the gentleman from Massa-
chiiietls, for he found himself scarce able to pro-
ceed, aod but that he thought he perceived in tbe
House a disposition to force the question — [Here
Mr. RAHnou>H was interrupted by Mr. Love,
who said ihat with the cousant of the geatlemaa
from Virginia he would move to adjourn, whieh
was agreed lo.]

The consideration of the unfinished businesi
being resumed, on Monday ,the Sfeakeb said that
tbe geutleraan from Virginia was entitled to the
floor. After a short pause —

Mr. Randolph rose and observed that it would
argue a decree of iuseasibility, which be trusted
was wholly foreign from his nature, were he not

retrated with the polite deft^rence paid to him
the House on Saturday last. He was sin-
cerely grateful for that instance of their liberal
and generous attention, but he feared he had ex-
posed them to needless trouble — that the same
iocapacit'y which prevented him from going 00
then, still existed in a degrre that would disable
him from doin^ to the subject even that feeble
justice which his powers in their best state might
have enabled him to render it.

He entered into a recapitulation of some of bii
former remarks, he considered the country as
standiog in an awful and momentouscondiiioo;
ihat we were about to make a virtual sacrifice of
that vary independence,'wbich in words we pro-
pose to a!sert, and stood on the verge of a mighty
revolution in our own political institutidns. In
ihisapprehaasion he might be mii> taken, he hoped
in Qod he was; but if he did not conscientiously
entertain it, he would not obtrude faimself upon
their aitention. The powers of the Gkneral Gov-
ernment growing out of foreign relations and out
of commerce, when these were cut 00) and the
source from which alone revenue was derived,
dried np, the General Goveioraent must act on
the citizen throu|th the medium of excise and
direct taxation. The burden of this Government
and that of the 8tate Governments would be be-
yond the capacity of oor citizeus to bear, The
necessary effect must be tbe doing away tbe
Slate Governments, and directing the operation
of ihe General Guvernmeni to matters of muni-
cipal aod local concern. Was he not justified in
drawing these conclusions from past experience
and from circumstances within the knowledge of
every man who beard him 1 Was it ool proposed
at that very moment 10 extend the sphere of ae- ,
lion of the General Goveroment at the expense
of the State Guveromenu ; was ii not then a
question whether, the power of the State Govern-
meots should be materially diminished and that
of the General Government proporiionably aug-
menied ? Unquestionably it was. Tfaa Federal
Government might be (he did not aver that it
was not) eminently calculated for Federal pur-
pose*, but considered as a eoDSoIidated Qorern-

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Foreign Relationt.

Deccuber, 180S.

■Dent it WIS highly object ionabU. He could not
but feel Biarmed whea he iiw ihat the person
who was to preside over our fuiore destines had
been from the very begioning of the Federal Con-
•liiuiioD inimLeal (o the eiistence of ihe State
GoTernmeDls. He was impressed with the deep-
est appreheosioa for the existence of the^ieiostilu-
tiout. His fears might be unfounded, but they
were sincere.

He must again repeat his regret, that the only
■yeiero of coercion upon Europe, generally, which
the wisdom of that House had been able to din-
cover, was that sysiem which, io a state of colo-
nial weakness and dependence ihirty-four yean
ago, we were obliged to have lecoUTK to in order
toobiain a boon from the mother country. They
had heard much io that debate of the spirit of
"76 What was that spirit. It was this—" loucb
the soil and you touch the life-blood of every man
upon it." And yet, sir, this soil has been violated
without exci line scarcely a sensation in the heart
which pulsaleK here and distributes life and het
to every extremity of the body politic. Lei i
not talk of the spirit of 73. if this be the only di
moostration which we can give ofihai spirit b<
iag alive. We were not up to the colonial spirit
ofl 774-5. The eld Congress at the very momen
when they asked for juaijce had taken more vig
orous measures to enforce and secure it, than ih<
United Slates had yet done. Long before the!
Declaration of Independence, Muutgoraery had
bled under ibe walls of Quebec.

But what was our present system of coercion 7
One which told Europe in the plainest language,
attested by solemn public acts of the individual
Siilen, that its Srst operation on ourselves
BUrhas obliged us to sbul up our courts of jusi
That sort ofpopularity derived toaf;rent national
measure from suspendioethe execution of justice
between man and man, from the virtual exoaera-
tion of men from tlie payment of iheir just and
lawful debts, was a species of popularity which
he never wished to see in this country. A system
which was compelled to resort to such means fur
its support might well be said, in the new-fangled
language of the limes, to go to the deraoralization
of society, to strike at the very root of common
honesty. This new-invented system of coercion
which was to bring all Europe lo our feet, had
gone across the AiTaatic, accompanied wito de-
clarations of Qeorgia and Virginia, (and their
example promised lo be genermlly followed,) that
the distress occasioned by it among ourselves was
•uch as to render it immediately necessary to ob-
•tracl the natural course of the great stream of
justice. What kind of respect would ibe bellig-
erents pay to a measure whose operation we con-
fessed lo be thos destructive lo onrselves? Ii
would, if per»e»ered in, end not only in shutting
up thecourls of justice, l>u[ Ihe exchequer also. It
was not possible ID derive from any source but
commerce, a revenue adequate to the support of
Ihe Oeneral Governmeol. The Slate Oovern-
ments were supported generally by direct taxes,
but if the supply from commerce be taken away,
the aeneralOoTernmeot mtist resort lo the same

mode of lasaiion ; end what would be the conse-
quence? A conflict between the sheriff and the
marshal for the properly of the eiiizen, and when
thai was exhausted, for his person j which, he
supposed, like the child in the judgment of Solo-
mon, must be divided between (he two claimants.
This was a slate of things which could not long
exist. He asked gentlemen locilculaie the in-
dispensable annual revenue required for the sop-
port of this Qovernment, and then say whether
they can derive it from direct taxation and excises,
lo say nothing of the sums necessary fur the sup-
port of Ibe Suia institutions. If the operation
of our embargo abroad was such as ii had been
at home, it might well have been boasted of as a
measure of coercion. He would have been the
last man to have denied its efficacr, or lo have
wished its repeal, if he could see it bri aging sQch
dinlress on Qreat Britain, as ihal Ibe Court of
King's Bench should be compelled to suspend il>
proceedings, whilst her every source of revenue
was at the same time cut off. But when he saw
its aciuai operaiion upon us, and iis operation on
our enemies, on France and Qreac Britain, at
least questionable, if not altogether imaginary, he
could not consent to continue it at such bd ex-
pense of piivaiton as the people musi incur in
consequence of ii.

It had unfortunately happened that during ihe
whole course of the discuasioo there had b^en an
extreme want of precision wiih respect to ihe
object in view. They had had enough, and more
ihanenough,of the aggressions of foreign Powers,
Tbey did not want a history of the disease, bul
the remedy to be indicated. Not a word had been
uttered that went lo show that a suspension of in-
tercourse wiih the betligerenLt, would have any
effectual operaiion oa liiem. His friend from
North Carolina (Mr. Macom) had indeed told
ibem Ihat if we ventured to sea, if we meant to
have any sort of foreign commerce, we must be
prepared to contend with the Briiisn nary — that
our fotetgo commerce was dependent on ihe will
of England, and therefore we must do it away al-
together. To what would this lead? Suppose
the belligerents to interrupt our coasting trad^—
lo capture our vessels hound from Charleston to
New York. Must we therefore prohibit it? Sup-
pose a British fleet lying in Hampton Roads, and
the communication between Norfolk end Balti<
more enjoyed purely by luffeisnce. Should w«
pass a law [□ prevent Deagle's packet from clear- .
ing out for Baltimore, by way of remedy for the
m^chief, and style it a system of coercion and re-
taliation. Would any man dream of coercing
ly by such a device 1 This mode ^
culling our throats to save our live8,'Mr. R. could
not understand. To whai extent did the argu-
ment aol Fully to ihis — ifaat in proportion aa
Ihe belligereots pressed upon us we must recede
nd so promptly and rapidly too as never lo
le in contact wiih them. This wae certainly
admirable recipe for avoiding war; one by
which the swififooted Achilles himself might
have kept out of (he combat, since he had only
to take his diaiance from the enemy asd keep it.

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HISTORY OF CONGRESS.

H. or R.

He did not ezpeci to hare heard, becaaie any
brHDch of oilTcommerce waa anaoyEd by the bel-
Jigtrents, ibat we should therefore annoy it our-
selres to a yet greater degree; that becatiae it
WIS liable to partial attack, we should aDDihi-
laie it.

Wiib hi? friend from Georgia (Mr. Tbotjp) he
was not willing to kneel at the footstool of the
throne of the Gallic or British Sovereign and beg
for commerce. He considered this obserTBtion
as rather unfortunate for the argnment of his
friend from Georgia. If it applied anywhere it
muit be to our own proposition to raise the em-
bargo ir Qreal Britain would withdraw her Or-
ders in Council. It was somewhat curious ibat
gentlemen shoold hare exhausted their liings, as
well as lUeir ingenuity^ in portraying the humili-
ating situation in which commerce was placed
preriOQs to the embargo, when we bad offered to
raise the embargo, and pnt the trade of the United
States on that very footing which it bad been said
DoAmericao would accept. There appeared to
hare been a very gross mistake amoogsl the
nieinben of that body in relation io the causes
out of which ihe embargo grew. In order to as-
certain the point, he would call for the reading
of the Prenideni's Message recotnmending the
loeasure. [It was read by ihe Clerk — as follows.]
n Me Senate and Koute of

Repreaenialma of the UnUtd Stala .-

The eommanieations now made ahowing: the ^reat
md iacreaaing dangers with which our vtmek, our
nameD, and merchandiiei ara threatened on the hifh
■us and ebewbore, Iram the belligarent Powen of E a-
rope, and it bcdng of the greatest impottancs to keep in
tafilj theae eaaential retourcee, I deem it mj duty to
recominend the (Object to the cvosideratioa of Con-
glEM, nho will daubdew peroeiTe all the sdvintagei
which may be expected from an inhibition of the de-
pulure of OUT own leasels tram the ports of the Uni-
ted State*. Their wiadDQi will bIbo see the necessitj
of making every prcparatiao for whatever events may
grow out of the present crLBls. ^^

pic, 1807. TH. JEFFERSON.

Mr. E. proceeded— The House coiild not fail
to recoUevi ibai " the communications then made"
eonstsied of information from Paris that the Ber-
lin decree was executed to the full extent of the
letter of it,aiid the proctamation of the British
Ejng calling home his native sabjects, of which
we had not bd oSiciBl copy, but one cut out of
a newspaper. The Orders of Council, although
ID existence, were not known even unofficially,
or the House would have been apprized of them.
To offer to withdraw the embargo, then, aa ihe
wlihdrawal of the Orders in-Council, was to ae-
kDawiedge,if not that the measure was laid wilh-
oal cause, at least that that stale of commerce was
desirable on our pari, which bad been described
on that floor as the most degrading and injurious
that could be conceired. It was to leave our re-
sources (our aeamen, especially, about whom so
tnuch had been uid) exposed to the very dangers
against which tbe embargo had been adopted to
guard.

[Here Mi. R^nooi.pb observed, that he realty |

felt a pbysieal incapacity to present bis ideas on
the subject in a condensed, aod he fea^d he might
add an intelligible form. He bad never when at-
tempting to address the Cbait labored under it
io an equal degree. He asked the indulgence of
the House for the length and want of coonexioa
of his remarks.]

But it had beeii said since the belligerents would
ooi consent to give their aid in ridding us of the
embargo, we must pass stronger laws to enforce
it, and cut off all intercourse with them. There
was a wide differeoce between an open and hostile
resistance to a law, and a clandestine evasion of
it. The powers of the Governmeat were un-
questionably adequate to suppress tbe first, and he
would be among the foremost to direct the sword
□f justice against that man, who should openly
put the laws of his country at defiance — but it was
not in the power of the Government to prevent
clandestine evasions, and when he heard intima-
tions of an intention to cut off the coasting trade,
and river navigation, by way of enforcing the em-
bargo, he was seized with horror and consterna-
tion. But the embargo had kept up the price of
produce. This one of its merits was matter of
very late and prodigious discovery. To what was
the embargo price of tobacco owing 1 To the
home consumption t — Certainly not. To men of
capital investing their money in it by way of
speculation, calculating on a great profit when
the embargo shall be raised. As to the embargo
price of flour— to what was that to be ascribed T
Not to the consumption at home, but to the fact
that the flour, tbe embargo laws 'to the contrary
notwithstanding, had found its way out of the
country — and lor whose benefit? The growers
were choused out of fifty per cent, of ibe produce
of their land aod labor to make fortunes for dis-

fuur prices. Was such a state of things desirable?
That oar sole measure of aotion against the bel-
ligerents should only react upon oursilres and
amongst ourselves with peculiar, nay, almost ex-
clusive severity oo the honest part of the commu-
nity, while the dishonest were reaping enormous
pro^tlromit? Was it to be expected that the
honest men of the country would bear such a sys-
tem when they should come to understand it T
They would not— ihey would (as tbey had done
before) change their Representative a, if they
would not change the law. It was not tbe Shy-
locks of this country (as his friend from Georgia
supposed ) who were opposed to the embargo. As
fat as his knowledge went, men of that character

> among its most diatinguisbed advocates —
and wherefore 1 Tbe nominal market price of
almost every article, except those from which
the landed interest drew their supplies, had either
remained stationary or had increased. Produce

down, land and slaves fallen — everything ex-
cept tbe product of tbe laud and labor of the coun-
try was either up to the old rate, or has risen to
aDalarmingbeight. What wasthe consequence ?
That Shylock, with one dollar, with asiogle ducal,
can DOW make «■ great a profit out of ine loffer-

.yGooglc

683

mSTORT OF CONGRESS.

684

H.opR.

Foreign Rdalioiu.

Dbgehbeb, 180B.

iDcptaDief,caii purchise ■« mitch actual property,
as before lie could wicb iwu. The value of hia
eomrooditf — money — was doubled, that of his
aeifihbor lunk in tbe same proportion ; could tbat
be displcasins to bim t And iccordingly in Vir-
ginia the dealers in deeds of trust and morlgsges
and your five per cent, permooih meo were warm
advocates of the embargo. They either bad
money, or could get it by bank acoommodation,
and thus (lo use a TUk^r but expressive phrase)
could shave their neigobors on (heir own terms,
and get rich to an incalculable extent.

Tbere was another and imporinDt viev of this
subject. No sooner did the resolalion for cutting
off all intercourse with the two great belligerents
pass through the Committee of the whole House,
than tbe vast capital wbich eiiits principallr to
the North and East, set itself in motion. Thin
fluid, which in a healthy state of the system had
been employed in the great and salutary wort of
circulation, had been pent op in the body politic
nDtil it had acquired an acrimonious quality. It
had hitherto been active in carrying oS our re-
dundant piodocts and bringing back such as we
wanted in exchange ; but the embargo denying
it a free vent it had become morbid by stagi

IS corroding' the system which it had i
nourished and exhilarated. Immediately <

passage of that resolution the spirit of monopoly
stalked abroad — tbe great capitalists had dashed
into the market and purchased up every article
which nature aud babit have rendered necessary
to OS— they had bought up salt, dry goods, avery-
thing that they coald lay their hands upon, gutting
tbe very shops of the petty retailers. At whose
cost are they to be reinlbursed ? At the cost of
Ihepublic — ofihegreatcoDsnmingbody. If things
were restored to the old channel, the loss, if aoy,
would fall upon those best able to bear it upon
the men of great capital ; although it would not
be difficult lo show that, in such a ease, they might
re-export their purchases at a profit. If the sys-
tem were cod tinned it must grind the people down
to a state of the most abi^i poverty and depres-
sion. It was a system which mightsuji Asiatics,
but was never adapted to the Ameiican spirit. It
might do for the Chinese, but, even granting it to
be the best policy eveniQally for us, no man who
pretended to ibecharacter of a practical statesman
woiild attempt to make a total cliange of the
habits of a nation in one night. Qreat changes
to be beneficial must be gradual, not forced upon
the people. Nattire mi^ht be coaxed, but she
would not he coerc^ with impunity.

His friend and colleague (Mr. Bubwell) had
said that to express the pressure of the embargo
OD ourselves was to encourage the enemy, inciting
him as it were to persevere in his measure. He
had compared our situation lo that of a besieged
town, and asked, if we ought to apprize the De>
siegers that we were nearly out of provisions,
that we could not hold out another week 7 Mr!
Randolph accepted the comparison. Under such
circamstacces suppose a council of war to be held,
he would not hesitate to say lo his comprairiots
and fellow-soldiers that it was better to perish in

a glorious sally, than die by inches in the trenches
ofdisease and famine. He should not be deterred
by the fear that the enemy would lake advantage
of their deliberaliona. In the present case they
had the most authentic intelligence of our real
situation — it was upon record in acts of assembly
of Slates the most zealous in support of Adsiinis-
tratiou, and in the proposals of Government itself.
He feared that without some change the public
spirit would become so completely broken, so en-
tirely paralyzed, ttiat we might almost as well be
overrun by an enemy as reduced to so torpid and
degraded a condition.

The capital, wbich we would aot suffer to em-
ploy itself in a natural and salutary direction, bad,
to use the expression, lurneii its arms against ibe
State. It was engaged ia mononoliziog »alt aad
every article of tbe first necessity, lo be resold at
the moNt exorbitant advance, because we would
□ol suffer it to lake our cotton, tobacco, fish, dec.
abroad, and bring us returns for it. at the most
reasonable rate. During the whole discussion it
appeared, tbaigentlemen bad indulged themselves
in begging the question. As a planter be could
not conceive how he husbanded his own resources
by suffering his crop to perish on bis hands, in-
stead of paying his debts or purchasing necessa-
ries with its proceeds; nor bow be assisted tbe
belligerents by exchanging one superfluity for
another — for the wines and brandies of France,
for example. How did we impair the resources
of the European Powers or aid our own by the
destruction of the whole product of our country f
But (o return to the effect of tbe embargo on th«

Bice of produce, which had nearly escaped him.
is friend from Carolina (Mf. Maoon) had taid,
ttiat if all our produce were pent up in England,
the price would be lower even than it then was.
Wss there any necessity for its being pent up in
QreaiBritain? Could gentlemen devise no other
vent for it? Was it not notorious that Sweden,
an independent Kingdom, having no orders or
decrees against us, was oiien to its reception ? and
was ii not equally well Eiuown that if we could
get our produce to Goltenburg, that it would find
Its way to the rest of the Continent, as heretofore
it had done from Hamburg and Bremen 1 There
was a common sense view of this subject, that
settled tbe question. When it is understood out
of the House thai the embargo is to becontiaued,
produeefatls— withawhisperttaat ilis tobe taken
off, produce rises. The mere moiioo of a colleague
(Mr.SAWTER) of his friend from Carolina to open
a trade to the West Indies, had a sensible effect
on the Baltimore market. There was not a mer-
chant who would not give more for a barrel of
flour, or a hogshead of tobacco, on condition that
the embargo was to be raised. To contend, ihen,
that the embargokept up the price of produce was
absurd. Oo into the market, and the theory van-
ished when you come to purchase. It was jn vain
to oppose argument, however ingenious, against
fact and experience. It was matter of notoriety —
let us not attempt to cheat ourselves in thi; thing-
Produce was bought with no other view than to
its exportation. Prohibition of export contd not

.yGoogIc

685

HISTORY OF CONGRESS.

Decehbem, 1808.

Foreign ReUUiona. '

irR.

eohance its price. If lliis posiiioa l>a not true
words bad lost their meauing.

During the course of the debate, recurrence had
been had to past transactions. For one he could
hare wished that ihey might hare been passed
OTer in silence, bat (he state of affnirs at present
leemed to render it almost impossible. He beg-
ged gentlemen lo carry back their minds to the
lime when the right of deposite at New Orleans
was arbitrarilfsaipended. It was a lime of gene-
ral peace io Europe. The naiioo committiD^ ibe
wrong was ihe known ally of France — idenlifieU.
be might say. with ber. What did we do 1 Did
we declare independeDce? Did we assert onr
rights in one resolution, and in another imme-
diately forbid their eiercise 1 No — we declared
in a prompt and spirited manner that we were
willing to riew the aggression as the unauthorized
act of at> individual, that we would apply to his
GoTernmeni for redress } but we pledged our-
selves to mBiniain at erery hazard our right of
oavigalioa through the Mississippi, as eslablished
by existing ireaiies and the lawt of nations and
ofnatDre. With this declaration in his hand our
Minister went abroad. It was made when Eu-
rope was at peace, and when, fur aught we knew,
(he whole combined force of France and Spain,
QDshackled by the British navy, would be brought
to bear upon us. We gained our point, and more
than gaioed iL Ifweliad met ftith a denial of

i' ustice, ao doubt remained of the aliernaiiTe. He
new loo veil ihe temper of the House at thai
day not to feel assured tbat we should have taken
redress into our own hands; and had we spent fif-
teen millions of money to acquire the possession
of both banks of the Mississippi, hut fire short
years ago, and shall we now be the first to shut
it up ? K*en the Spaniards bad 'not carried their
audacity: so far. They did not reqoire us to come
to, and give bond sad security that our properly
sbould not be carried out of Ihe river — lliey only
disputed our right to deposile it'on their own ter-
ritory ; and had we spent fifleeee millions fur the
sovereignty of that river merely to deprive our
citizens of (he right to use it, when we would
not submit for a moment to its suspension by
those wbo rightfully held both banks of it 1 It
was to our vigorous proceedings at that day, that
we were indebted for the possession of Louisiana.
It was in [bat fatal session of I805-'6^ ibai the
pi>liey of yielding to anything that might come
10 Ibe shape of insult a&d aggression was cora-
meoced. The result was then foretold. Ji bas
bappeaed. What whs thea prophecy
biniory. We are completely entangled
web of our own irresolute, hesitating, policy. The
Qordian knot cannot be untied. It must bee
We must cut Ihe Lilliputian felters which be
IO long bound us to (be earth.

Mr. R. hoped his friend from North Caroli
would consider the ootice which he had taken of
his arguments ooly' as an evidence of the pro-
found respect and veneration in which he held
ibequalities of his heart and understanding. His
friend had requested the House lo take warning
by (be fate of the Powers of Europe, and, with

ifelicity which be could not have expected
om a man of his sagacity, had held up Prusiift
\ an example — herself the victim of a shorl-
ghted, timid, temporizing policy. She might
ive saved Europe. She consented lo become-
ihe pander of French ambiiion and she has re-
lived her reward J that reward which awaits all
ho descend lo act the same ignoble, loathsome
and detestable parL No more of Prussia, sir—
veluti in »pecuU^~-ia the fate of Prussia, as in ■

be governed by Prussian Councils.

On the subject of our trade there was one plain

id obvious auswer lo every man who objected

raising ihe embargo as the commencement of

struggle fo^ our indubitable maritime rights. It

as this; that those who were most to be af-

fecled by it — ibe merchants, excepting a few —

sample, those who have vessels out and lake -

that (hey shall never coin'e in, and wbo,.

.whilst the great mas« of our tonnage ii rolling id

our ports, are LhemselveH receiving an enormous

premium, which the competition of ihal tonnage

would deprive them of; and those who have in

jhe counir^ an immense stock of foreign goods,

the price of which they now must latse three ot

four hundred per cent., and thus m^ke them

(bobs at the eipenie of Ibe canTmuniiy; ex-

opting these, the merchants are willing (o run

le risE ; and if we do not choose (o protect them,

at least we may leave' [hem and the insurance

offices to se((le the business beiweso themselves.

If we will no[ engage to protect [hem, let us not

incapacitate (hem by wav of apology for not pro*

(ec(ing them. They lell us that ihe^ can find

ways and means tu get rid of our produce and

fet a better price for i[, if we will permit them,
t is then tiieir afiair. But gentlemen say that
by ibe captures ai sea we shall be immediately
involved in war. Well — do not geotlemen tell us
that we^ieoowat warl Was not this one of (heir
war measures — pan of their great system of coer-
cion? And yet to avoid this war, in which we
are actually involved, we are to do — What?
Show our heels to the enemy and our indignant
fronts lo our own- helpless citizens. It was high
lime Ihat the vigor of this Government (if any
it have ; and be believed it had more than tfny
in the world) should be displayed on some oibei
theatre ihanour own country, and on some other
objects than our own citizens. It was indeed
time thai this vigor should be husbanded far the
ageresEOrs on our rights, and not that the whole
vial of our wrath should be poured out on the
heads of our own unoffending people. Let gen*
llemen take into consideration the condition
of the country — the Easteru Stales particularly.
Had they no pity? No compassion upon the
distresses of those people, end in fact upon the
privations and suSerings of the whole masx of
uur society T Was all tbeir force aad energy to
be exerted only upon ourselves'? Or shall we
determine that, inasmuch as foreign nations will
not do us justice, lathe bestof our ability, so help
us Qod ! we will do juslice to ourselves 7
His friend from Virginia (Mr. Bcbwell) had

.yGoogIc

HISTORY OF CONGRESS.

H. orR.

fhreign Relationi.

December, 1806.

(ol3 the Hook Ihat ibere wbb a Ter^ stronir in-
<ere«t in Orent Briiam in favor of maklnir war
-upon OS. WeUnow that the naval, the 'West
-Jndia, and East India intpresls ere so disposed —
that would have been a good reason for Irealing
wben it it was in our power — butahall we there-
fore Iiow give up the ground? Because a por-
tion of her subjects are bodtilely disposed towards
US, shall we jtui on an aspeci precisely paciSo in
firoponjon to the airs wbrch thejr may assume?
We knew that France was disposed to make war
Upon us; that DOtbing but the oceao. interposed
as a non-conductor between us, prevented ner —
4hat she had injured us to the extent of her abil-
ity. Should we therefore propitiate the resenl-
-ment of her monarch by a sacriflce of our rights?
it was a doetriae which he never expected to
liave heard on the floor of (be American House
of Representatives. The cup of patience v!t» ex-
hausted. We had drained the chalice of humil-
iation to the dregs. If instead of asserting out
rights against the aggressors we weVe determined
to forego ihem forever, instead of re-enacting tbe
Declaration 'of Independence, let bs expunge it
from the statute book, and arree to hold a middle
rank in the scale of bein^ Between tbe nations
of Europe and the aboriginal savages. Indeed
there was not an Indian tribe, however reduced,
that would unresistingly suSer what we had en-
dured. There was not a man that ever wore
a string of wampum, even if he Vere i)ie last
of his tribe, who would not consider himself dia-
eraced by such submission. The time for tempor-
izing bad gone by — this is the time for acting. If
we would not act, let us not in one breath assert
our rights and in the next resign them, and

Sunish whomsoever shall trespass against that
eterminaiion. Tbe nation was undone. It could
cot exist under sucb a system. Shall we come
out with a fine, vaporing, flourishing resolution
about honor and independence, and sneak out of
it by forbiddiog our citizens to do that which we
declare every roan of them is entitled of right to
do? Shall we turn our face from the enemy,
and put on the angry frown of vindictive cow-
ardice tovrards OUT own people'? Show him the
man who dare not resent an insult, who shrinks
from his adversary in public, and be would show
you a tyrant in his family. In proportion as his
courage sinks where there is danger, so does it
rise where there is none — in every respect the re-
verse of tbe manof real honor and real spirit.'
Such he hoped they would not make their mode].
Bat why did fte thus idly; waste bis strength in a
Tain attempt to express the few confused and
scattered ideas floating in his mind. He would
recall the attention of the House to matter of
sober and melancholy fact — the condition of the
people. What was it ? In Virginia tbe Septem-
ber frost had destroyed nearly half the crop, and
the embargo half the value of the remainder;
debts pressing on the planter and taxes to pay.
"But perhaps gentlemen might ask, will you go to
war — will you lay a land tax? He would not,
for one, add to the burden on the citizen — but he
would scuffle for commerce as the only means of

relieving him. the only chance for r
would make the struggle, and if vre conld not
maintain our rights, in the worst event, we would
but resort to what was now proposed to be done

Mr. R. approved the first member of the second
resolution which went to exclude ships of war
from our ports. It wore an aspect of impartiality,
although one of the belligerents, it was well
known, would be little afl'ecied by it. The sec-
ond member of the resolution was objectionable
to him, not only as operating exclusively on one
of them, and in a manner meeting the views of
the other, hut because he was far opening our
ports to tbe products of both, and of the whole
world, at once'ln supply ourselves with necefsa-
ries, and the means of revenue. Our mer-
chants believe (hat, if let alone, Ihey could by
their enterprise carry at) a lucrative trade, and
?et u;.a better price for our produce. He was at
least willing (d indulge them in the eiperimervt.
He could not see the grounds upon which geotle-
men refused their assent. If it failed, they were
not obliged to be answerable for its failure", but
so long as Glpveramefit tied Ibeir hands,'i[WBs
responsible for the consequences. Let them go.
In short, if we would not maintain them in the
exercise of Ibeir indisputable rights, at least let
us not forbid them from attempting to use them.
If the law will not protect your person wheit you

house.

confine yoil close prisoner in your c

Monday, December 5.

FO^IGN RELATIONS.,

The unfinished busineM of Saturday last be-

inff the report of the committee OQ our foreign

rerations, was taken up.

Mr. Rahdolph spoke about an hour aiid'a half,
in continuation of his obaervatioos of Saturday.
as given entire in preceding pages.

Mr. Love addressed the Chair as follows: 1 rise
under circumstances of extreme discouragement
to address you, sir, while the aoiind of a voice
which never fails to interest in a superior degree
stilt vibrates on my ear.

Any lAan whom I have ever yei seen stand on
tbe floor of a deliberative body, who should be
compelled -to follow (he geiitlemen last up would,
i confess, sir, have ocrttsion for a great share of
(he politeness and condescension of his audience.
It is 'bi'causel fo highly honor that disposition
to indulgence, which this body hassoofien mani-
fested, that I have now determined to obey tbe
impulse of duty, at the hazard of, and while I
feel myself transported beyond the restraiDt of
personal considerations.

In the observations which I contemplate offer-
ing to the House, it shall be my endeavor to limit
myself as much as jraSsible to those important
lopies af discussion actually before us ; and while
I cannot consent to consider anything properly
admissible in argument, which does not relate to
the great questions presented us by the report and

.yGoogIc

HISTORY OF CONGRESS.

Decehbsr, 1806.

Foreign ReUUiont.

H. ofR.

resoloiion, I aball be excused in expressing^ my
ngnt tkat the members of the commiltee whicfi
h» IkI as to [he riew of ihis vast and'eiieiisive
field of poliiicai survejr, have liiiherto cefrataed
from apreseDUtion of theirslatenienls in support
of the meaaares which they recorameDd to our
adoption.

The report mast ever be achaowled^ed on all
tides ■■ a most able and correct exposilioo of ihe
real situation in which the Uoited States'staad
IR Telation to foreign nations ; nor do I, sir. con-
sider the eonclaaions drawn by Ihe comrnitlee as
lesi eniitied lothennqanlified approbalioo oFerery
American. 1 lameDt that it has not. been the
pleisuie of tbe House to consider them both in a
connected point of view, ihe latter as the natural
and apt consequence of the former; and that a
disposition ha& been evidenced even in the friends
a[ this connected system still more efieclually Id
diijoini it, by dividing the questman on the first
resolution. This Steins 'indeed lo be a kind of
parliameniarr mode, too fashionable with some
genilemen of this House. It has certainly how-
eier relieved the debate from some embarrassment,
when gentlemen who argue in opposition to the
measures recommended havealleagllr^ivensome
character to their .arruments; for although the
{^Dtleman last iip,|dia a few days ago very much
iDiist on [he entire futility of Ihe first resolucion
then, Bs now, th'e subject of debate, he to-day is
willing to admit that he discerns in [he measure
«OD«eqaences of the -utmost and most substantial
importance to our country.

The leading position stated in the reportbas
certainly m stroag claim, if true, on the serious
attention of this House, and of the nalion ; it is,
that "those principles recognised by the civilized
' world under the name of laws of nations, which
' heretofore controlled belligerent Powers, regula-
' ted the dutie* of neutrals, and protected their
* rights, are now avowedly disregarded or forgol-
' ten by Great Britain and Prance. Each of these
'two nations capture and condemn all American
' veuels trading with herenemies or her enemies'
' allies, and every European Power having become
' a party in the contest, the whole of our com-
' merce with Europe and European colonies be-
' comes liable locapture byeiiheroneortheother.*'
Is this statement rounded in fact, sirl Has the
able illnstration which foltow.s it teen contradict-
ed? No sir, no pan of ibe vast accumulation
of injury exhibited in support of this asst>rtion of
the committee, has any gentleman ventured to
deny. Sir, it is a fact, that the Milan decree of
December!?. 1807, was, as in its terras it poTports
tobe,a complete rejoinder to the orders of the Bri-
tish Government, closing every point of cominer-
eial right contended for by neutrals ; in lecboical
Ubguaee it tendered an issue, which, for us it
seems, nas been too fatally acaepted by the oppo-
site pitrty.

Permit me, sir,- to pccnpy a small portion of
the time of thisHouse,'in placing in as obvious i
point of view as I am able, Ihe effetils upon oui
prosperity of those iojtirioBs violations of rights
This ha* indeed been alifady done by other gen-

ea most ably, and I shall now only so far con-
cisely notice the subject, as may be necessary lo
ihe introduction of my argument. It was true,
indeed, that antecedent lo the late blockade of
iome of the West India islands, which we have
seen advertised by a Brili^'h admiral, there was
left to us a few of the crumbs of commerce, not,
however, worth picking up; but in the present
complete state of exclasion, either positive or vir-
tual, there is nothing left for the commercial en-
, ise of this country, but certain loss and de-
struction, should it be permitted to veniure on

eRS. France, as active as the crippled state

:r marine will allow her to be, consigns lo-
tbe flames our vessels if i[iet with on the ocean,

truly, in the spirit of that relaliatioo wliicK
both nations avow as the rule of ibelr conduct,
thus destroys our vessels lest they should fall into
the bands of her enemy. Ev«a as tbe Briton
served tbe Dane, 90 has the American to a lesser
extent suffered under tbe most outrageous and ag-
gravating system of violence which has ever dis-
graced the annals of civilization. It is adrnTtted
an all hands, that unless the produce of our soil
can find its way to the continent of Europe, it is
in vain that the raisers of it may expect a price
adequate even to its freight across the ocean. It
therefore only urged, sir, either from a want of
nsidetation, or from a dispoiiiion to delude and
deceive the people of Ihe United Slates (that part
of them I mean who are not con veisani in commer-
cial afl'alra) thai it is insisted that the tobacco,
and other heavy articles of our produce, may still
be transported with any chance of profit to any
part of Europe. If to England, it has been ably
shoivn that tbesuperabundant supply would so
far overstock that market as'io redilce it below
the price of its freight, even if it could be insured
aitainsl French risks ; but if bound directly to
France, it is proved to os, :jir, not by speeches-
in Parliamenl, or ministerial pamphlets, but by the
examipation on oath of men all their lives conver-
sant in trade, thai the risk is considered as equal
to ninety per cent, since the emanation of the Bri-
tish- orders of blockade of November the 11th,
1S07. To go directly lo France or'the ports of
the Continent under her control, is out of the
question. England has forbidden it, and she has
the physical means, the mechanical force which
carries her orders against us into e7ect to almost
an absolute certainly.

The only practical course left open for our
commerce is a transportation of its articles in the
first place to England, and then, sir, we are conde-
scendingly told, and it is said to be yielded, a's a
mitigated measure of strict justice on the part of
His Britannic Majesty that we may, on Ihe pay-
ment of a tax and an acknowledgment of his right
to tribute, proceed to a nation where we might
Cud a demand for our products. Let us suppose
then, that there is an American who could be
found base enough, in the pursuit of gain, thus to
make a formal unqualified surrender ofevery thing
which pertainv to the honor and dignity of bis
country. He pays a tax to England, and under
tbe royal lioense he departs from tbe British port

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691

HISTORY OF CONGRESS.

692

H.orR.

Foreign ReieUioru,

DlCEMBER, 1808.

iDio which he has beeo forced. No difficulty I
will follow wilh such men, I kaow, sir, in using |
the arts of fraud, perjury, and corruplioD, to put I
ou the false show of having madeb direct royagE. I
Indeed, the mean spirit which could Moop todis- |
honor llie flag of its country, ia .in my opinion
psEl Other censure. He arrives in a continental
port, and under (he mask of deception, puts off
IlLs polluted wares ; he leQeires in return a cargo
of tlie products of the country which has afforded
a high price for his lobBcoo, or other article of
Americao growth; he takes a dearanee foi the
United Btati's, but again when at sea, upon the
calculation of Dioely per cant, against bit safe rt'
turn to America, he is cumpelled again to visit
and pay hia tribute to England ; indepeodent of
the disgraceful surrender of the sovereignty of
bis nation. Where are the profits, which under
such circumstances could insure to the agricul-
turist a price equal to ihe freight even of the ar-
ticle 7 The ettimaie of taxes has' been already
made by other gentlemen, who have bad the pa-
tience or curiosity to mabe a calculation on the
•ubject, end it has been proved, that on the score
of profit, no ioducenieat would be offered for such
a prostitution of character.

Thus, sir, we Gnd that such has beeo the actu-
al state of all our commerce in the products of
our country, ever since the British and French
decrees havebeeniooperatioD, that neither the fair
and honorable coaductofthe American merchant,
nor yel the mean and corrupt submissjon of those
who would barter for gain all tense of the iotie-
peudence and dignify of their country, would se-
cure a price forout eommodtiies. No doubt can
exist on the mind of any man who will take a
candid view of the real situation in which our
external commerce was placed by the conduct of
the belligerents, but that the embargo hav from
•a particular operation, and the slate of senliraenl
among our merchaois, had the effect of kseping
up the prices of our produce, be);oud what ibey
would nave been, had we permitted our com-
merce to be exposed to the capture of foreign

I have been compelled to take this short notice
of the situation of things produced by the British
orders of November 11, 1807. And, before I pro-
ceed, give me leave to say that to my saionish-
ment I have heard ibe gentleman from Virginia,
last up (Mr. RAHDoLpa,} assert more than once
on this floor, that this state of things was not
known to us, and that we were not informed of
the British Orders in Council at the time the em-
bargo was laid. It is a fact, sir, that tbose orders
were understood at that time, or might have been
so by every gentleman in Congress; for. by a re-
currence to a newspaper (the National Intelli-
gencer) printed in Ibis city, on the ISih of De-
cember— ibe day I believe au which we received
the President's Message — it will be found, that in
no less than three eiiracis from British papers,
two I think from LondoD, and one from Liver-
pool, those orders were said to have issued ou the
day they are now found to bear date, and tbeir
imparl and effect ate as wall defined id' those pub-

laliatory

1 it was
D thfl dec

skn

1 believe they have since any where
been. The paper I allude to was read bygentle-
meo of every deseriplion of political opinion, and
indeed by those of no dcpscription, if wehavesuch
in Congress, and I recollect some gentleman did
in debate urge the weight of this intelligence. I
well remember, that many, and myself among
others, did insist oa the probability of tbose te-
lureson thepait ofEnglaad, aKsoon
wn there that France meant to act
of November, 1806, against Ameri-
e 1 but I do not preteod to say that
the gentleman heard this, or any other argumeat
used on that occasion.

It appears to me, sir, far from improbable that
our Government might have information at that
time, although not of so authentic a nature, or
perhaps of loo delicate a one to disclose il, ihat
the British orders would certainly iscue; when
we recollect that our Minister who bad been re-
sident at London, and at his own request bad re-
turned, did actually leave England from the lOib
loiheUth. I believe, of November, and was uo the
IBib of December, either at this place, or some,
where io the United States, where he bad an op-
portunity of correspondiRg with the members of
the Qovernmeni, I think the probability of a prettv
certain intimation of tbeir existence, very mucit
enhanced.

The debate on the subject of the embargo. I
have always considered, sir, as disorderly in tne
present discussion. The iJroe will come when it
will probably not be soj it will (hen be in time
to see whether (his measure has had its expected
effect; but I have fell myself compelled to uotie*
so much of the statement of the genltemaa last
U)), test false impressions might be made on ihe
minds of others, as to the waole ground which
influenced the measure. The Message, and so
much of the documents accompanying it, as ibe
reading of has been called for, 1 also admit were
important in forming a decision, but I do not ac-
quiesce under Ihe ctaargee so often here aad else-
where repeated, that this House was solely gov-
erned by the reasons assigned in ibe Message for
' Ihe measure.

j I beg the pardon of ihe House for having suf-
fered myself to be led from the subject of discus-
sion before us. I shall .now proceed to consider
the system of measures recommended by the conn-
rpittee ; it is time indeed, I admit, to adopt some
I course which shall he strongly calculated to pro-
duce an effect on our enemies; and whatever may
be the coQstructioD pot by different persons on ihe
character of the embargo, and whether ibat was
a measure of coercion or otherwise, I do not hesi-
tate to avow that we should now pursue a course
uf policy avowedly retaliatory, having reprisal
for its direct object. Neither our iaterents nor
our honor permit us longer to hesitate. The
measures indicated by the second resoluiion, are
in my opinion wisely designed, and eminently
calculated fur this purpose. Even (he gentleman
from Virginia sees in them a strong and energetic
character; they are indeed of a distinct Jescrip-
tioo from tha embargo. That was perhaps a

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HISTORY OP OONGEBSS.

694

Decbhieb, J

Foreign RekUioru.

H.orR.

measure of a mixed character, JDlended for im-
mediate self-preaerTalion, and with a probable til-
terior design or cof rcioo on our eDemies, The
one of those Efiects hai been realized to a most
BJucary ezteni. The other I believe, sir, would
hare been bo, had not the means of counterac-
tion, which have Iteen so painfully and so often
dwelt on, been resorted to, by the unprincipied
part nf the mercantile corainunjiy, ofter^ia com-
binatioD, I beliere, with a foreiga Power..

If Mr. Canning is correct in the asierlioD coa-
taioed in his letter of the 23d September, that ihe
roio of the eommercial prosperity of Qieat Brit-
ain mast annihilate her existence, the contempla-
ted iahibition of commerce with that kingdom
will have a direct effect, and act coereirelf upoo
ber. When we reflect upon the Miaaiion of Eu-
rope, and find that there remains no place of im-
portance to which Engtadd can export the arti-
cles of her roaoofsctures, n^oa which her people
depend for subsistenceand life ; and when we re-
collect thatfrom the estimates before us, since the
occlnsioD ofBriiish goods from (be European con-
tinent, the imporlBtions to this country hare in-
creased in one year fifty per cent., the effect of a
tatal Don-im^ttation cannot be misapprehended.
It most, it will, retort upon her ibe most aggra-
Talini[ part of her system of onirage on this coun-
try; it will affect her interior relations, as she has
attempted to affect ours.

1 hazard nothing, sir, by asaetting that wbat-
erer maf be the result, the measure is calculated
ta hare a most powerful effect, on both France
and England.

But, were it not a i»ill which the honor and in-
dependence of our country has made on us. to
offer •onK means of relahation and repisal, it
mnsi be notorioas to every man- of reflection, that
the ufety of oar own country, and its real re-
soin'cea call for, an iramedtaie suspension of in-
tercourse. I have shown that so long as the
present stale of things continue* in Burope, it is
impossible the heavy articles of onr prdduee can
find a competent market. If the manufactures,
howeTer. of those countries are continued to be
imported, onr merchants will continue to make
lemiltaoces. Thoseremittancescan he in nothing
but money, and thtiswe shall be drained of the
little specie which, under the disadvantages of
oar commerce, has yet been left among ns; our
own safety, therefore, not less than the desire
which must aetaate the bosom of every Ameri-
can, prompta the contemplated measore.

It IS not to principles of reasoning alone, how-
ever strong and imposing they attr, that we mav
resort for the support of the course recommended.
There is an example, sir, an illustrious one, one
«hieb I iruEi will ever be of high authority on
this floor ; it is the example of the Houm of Rep-
Teseolatires of the session of 1793-4. Then, as
BOW, harassed by a superior naval Power, and
oar prodnce alike intercepted by the hostile grasp
of an European nation, a non-importation law
was determined on by a great majority of the
popolar branch of the Qovernmeat ; the resolu-
tion of Mr. Clark waa introduced and supported

bynames of the htghestnulhorily inlhiscounli^.
We find among them a Madison, a Dea/born, and
others, some of whom I hare now the honor to
stand on this floor with, and to think, and, 1 trust,
to act with, on ibia »ubject. Had the measure,
at that day, been carried into effect, as was the
wish of this branch of the Qovernment, we should
not now be obliged to detail the humiliating in-
sults and injuries we have received. The adher-
ence to that syntem of policy would have taught
our enemies that we did not prize their gold more
than our own independence — another course was,
however, pursued which has never failed to pro-
duce vexation and loss upon tba community.

Sir, in recurring to transactions of former times,
would it not have been more profitHble to us, as
well as more laudable for the genileman last up,
(Mr. Randolph,) to have searched for an exam-
ple, somewhat applicable to tha present great
crisis, rather than industriously bunting up fanci-
ful charges against the man who has so lately
triumphed in the hearts of the people I 1 had
hoped the occasion had now passed by, when a
resort to such attempts would be thought neces-
sary. Indeed, sir, it was little to be expected
that any gentleman would, at a period even lets
ominous than the present, hare made before tbii
body another charge against a man high in offieSf
unless it was grounded on something better than
a production ushered on the community under
an anonymous authority, and the stroo^st sus-
picion of falsehood. The source of this produc-
tion is supposed to be understood, and give me
leave to ask of gentlemen who act upon it, as the
ground of crimjnalinn, whether it is intended by
the author that he should have another appeal to
the people? Sir, the people have at this day de-
cided. What is next to be done*? Andhowmanjr
cruisers against reputation are we now to have
fitted out in ^i^\t House 7

The gentleman has indulged himself by repeal-
ing to tnis House some of the predictions of «
very great man who was a member of the Vir-
ginia Convention, which ratified the United
States Constitution. Great, air, as Were the tal-
ents of the deceased patriot alluded to, his fore-
sight had not enabled bim to look forward to a
crisis like the present. He has indeed expressed
an opinion, tbai America would never have any-
thing to fear from Burope; that as to dangera
from that quarter, we might go to sleep, were
the emphatic expressions of this most eloquent
man. Had his capacious mind compr^ended
a state of things like the preieal, it is otiTiaus,we
should not have seen him so zealous in opposing
the new system of Union. Had he been able to
foretell that in twenty i^ears from the time he
urged thisargument,against the increase of power
in the federative Govern meat, the state of Europe
could beso completely changed, that a single mon-
areh was to wield the empire of the Continent,
whileOreat Britain was at the same lime to com-
mand an entire and undisputed sovereignty over
all the seas of the world— he would not wiilitiglf

.yGoogIc

695

HISTORY OF CONGRESS.

H.OFR.

Poreign Belationt.

Deceuber, 1

d||traf ihe uniaa of h«r councils, gi impair ihe
eoDfidence ia her rulera, much less indeed Tor the
porposes of detening;, by the fear of pecUDiary
eipendjlure, this DBlion from- submitliog a^tia
to be taxed by Oieal BritaiD. If I have truly
learned the character of tbai great man, b« was
among the Grsl lo resist tbe riglit of laxation fVotn
&t)glan(I. Could be hare lived to behold tbis day,
when hia argumPnls are quoted for the purpose
of paralyzing our reaitlance against her reacwed
aiieniptB of taxation, by forcing our Tesseli inic
Briliin ports, there to pay a lax ob the produclii ol
our soil, how eitrecne would bavebeen hisanguisb

But, sir, to return to the subject of diacusiion.
Considering the course recoflnnended by the com-
tniiiee as it must be, and ought to be avowed lo
be, adopted for tke direct purpoiies of ctoercion
and Eerious action upon the iuleresls of our com-
mercial enemies, 1 would not determine to carry
it into immediaie and uoeonditional effect, if aay
hope still remDioed of amicable adjustment ; but
where can such a bope be supposed to exi^t 1 The
two great belligerents, each propose a relaii
only in ease their enemy should do so. Let us
exflniine, then, what are the hopes of relaxation
from either 1

As 'to France, if the doctrine of the British
Minister be carrpct, and England is Titally de-
pendent OD commerce, this is the very state of
things most to be deaired by France; the cam-
paigns of 1805 and 1806, were not more fatal to
(he Goverairienis of the coalition, than the mar*
itime campaign Qreat Britain is. now waging
against commercial rights is fatal to herself, and
must be ultimately triumphant to her enemy.

At to England, such has been her conduct, and
■0 many impedimeuts has she heaped in the way
of adjustment, that although ruin and deslruc-
lioD should be yawniog to receive her, it r.efcms
extravagant to hope foe a voluntary restoration
of our rights.

The considerations which forbid the hope of a
change as to England, iodependenlof her positive
refusal, are numerous. In the first place, sir, it is
proven by the conduct and declarations of her
own Cabinet, that the evils we now suffer from
her are the result of a system, long meditated and
now matured, for the monopoly of the commerce
of.lhe world. We need Do other proof of (his
than the incautious mode of reaaoning adopted
by Mr.' Canning, in defence of the conduct of his
QoTeroment. on the ground of French aggres-
siona. In his letter to Mr. Pinkney of the £3d
September, 1808, he tells us, that "the mitigated
' measure of retaliation announced by His Majesty
' in the Orders in Council of the seventh of Jan-
' uary, and the further extension of that measure,
' (by, the Orders in Council of November, which
'he calls an extension in operation, but not in
' principle, of the orders of 7ih of January ) are
' founded on the right of tetaliaiion." If this be
the case, sir, and those two orders «re indeed of
auch kindred principle, I would ask of the British
Minister, how the order of May, 1806, is to be
applied 1 The order of blockade of the Continent
from Brest to lh« Clbe, from tke Bay of Biscay

to the North Sea, of which our Minister resident
at London was notified on the 16th of May, 1806,
is in its terms and principles precisely similar to
that of January 7lh, 1807. It has in it these words,
"and the said coasts, rivers, and ports, ate, sod
must be considered a a blockaded." An eicentioo
is then extended lo neutral vessels, not ladeaed
with goods, the properly of the eoeinies of Britaia)
subject hpwever 10 (he following proviMon: "Pre.
' vided, the said ships and vessels so approaching
' and entering," (except as lo th^ porls from
Ostend to the river Seine, which are declared is
a rigorous stale of blockade,) "shall not have heei
' laden at any port belonging to or in the possei-
' sion of any of His Majesty's enemies, and that
' the said ships so sailing from the said rivers and
' ports (except at aforesaid) shall not bfl destined to
' any port belonging to, or in the possession of say
' of His Majesty's enemies." Here then, sir, wt
End the commencement of the principle now sail
to have been adopted, in retaliation of the Otdcn
of France of the SIsi November following. The

Sroclamation of May, 1806, and the Orders of
anuary, 1807, are the same in terms, both bni
parts of that system of monopoly which Great
Britain has so obviously determined to enforce.
Let us hear no more then, sir, of His Majestj'i
retaliation in his just defence. It isaotpretendrd
by Mr. Canning, or any one for him. on ihii liite
the water, that France had commenced her preJ-
ent career of aggression by blockade, prior to Msf
1606. The truth is, sir, and it did not reqairea
warning voice from the other side of the water
to inform u.^ of it, thai Great Britain is deleruined
to make, if she can, all nations tributary to her
maritime greatness. Froiti the time of the Revo-
lution, this policy, has been decided on by the
British Cabinet, and it has accordingly madeiiself
appear, whenever an apt oecaaion has called for
it. Let us attend for a moment to the coone Jbe
has pursued. ThedoclrinesofShe^eldwereibaat
to be enforced upon us, and were indeed in sctnal
operalion, when the renovated union of the Siites,
under the new Coaslitution, gave a« sufficient
strength, and enabled us to afford aufficient se-
curity to mercantile enterprise to counteract them.
and to defeat the hopes of supplanting ui, in our
natural share of commerce. But kooh an occssion
offered, when America might, in the opinion of
the British Cabinet, be again reduced taacolonial
system of commerce ; and in March, 1793, we ^d,
from the collection of State papers of that date,
that Qreal Britain had entered into a coDfedera-
tion with 'Russia, to prohibit the exporla of neu-
tral produce to France. This determination wii
followed up by Ihe British orders of June and
NoveiAher, 1793. I do not wish, sir, by tracing
so far back the system of aggression on lbs part
of England, to go in pursuit of an inquiry, futile
indeed at this day, as to the priority of aggresMon
from France or England ; hut I mean, by notinf
at different periods the same appearance of hos-
tility to the mariiinie rights of this country, to
how that it has been ihe effect of system and
lesign,and not of accident or justifiable neeesstiy,
as now cooiendett.

.yGoogIc

HiaTORT OF CONGRESS.

DacBMBEft, \

Fhreipi Relatiotu.

H. or ^.

We have already seen how llie system of ag-
gressloa of 1793 wa> cheeked ; in 1799 (he same
disposition we find renewed in (he British Cabi-
De( ; aod by authority emanatiDg from ihe King,
a principle is atlempted to be eaforced, which
was to destroy the neutral rights of America.
Several eondemnatioas had taken place in her
maritime courts, when' on the represeniatioo of
ODT Minister the attempt was again reliaquiihed,
and ID April, 1801, the most fomal recognition
of oar rights officially made.

Sir, it may be useful to pause, and compare
those limes with the preseoi. In 1798 and 1799,
diSereoces as now existiog between iha French
and American QoTeromeni), Great Bdtain is
anxious to force us iota the war, by diatresKio^
our commerce and sowing the seeds of disconieat
wtaoDg our citizeoa. In 1801, when there was ■
aio«t decisive expression of the public will in
fbvDT of the independeDt rights of this country,
when an Administration was introduced into this
Government wJ^ich it was boown would neither
be driven or persuaded to compromit its interests,
the hopes which were raised of success in the
British Cabinet were again dissipated, and ihey
hajlen to renounce the principles ibey acted on.
Let the history of that time be How a useful les-
son to us; if hopes of a division and* strong
British interest io this country have been falsely
cberisl^ed, let them now be dixsipaied by the vast
preponderaDcy which has not ceased to increase,
and has eo late!)', on eo warmly contested an oc-
casion, been amply manifested to the world. In
1805, Britain resumed the maritime principle she
had formerly abdicated in 1801. The cases of
the Elwex, the Enoch, and the Mars, were signals
to their cruisers ; as the correspond eitce laid On
oor tables last Spring informs us,

cbusetls (Mr. ^dinot) tells us of the effects of
■D embargo for twelve motxhe, and goes on to
estimate the cost, why has he forgotten that in
one fortnight out commerce suffered more from
the injuries of a foreign Power than, by a ineas~
ore c^culaied to prevent a repetiiion of (hat in-
jury, ii could suffer from many years operalionl

But, sir, we have reason to (ear, that not^veo
the renewed evidences of union which have lately
been exhibited in this country, can now have the
effect of averting the evils of this threatened
maritime tyranny. And anoiber cause to destroy
our hopes of accommodation exists in what we
hear of the necessities of England. Qreat indeed
ibey must be, if the accounts of her own writers
ire correct, and more perhaps than the plouder
of the world can satisfy. It instead of twenty
millions of annual supply, as was required at Ihe
commencement of the war of 1793, she now re*
quires an annual supply of about fifty millions to
carry on her contest with the Continent, and if
instead of a permaoeat debt requiring tne pay-
ment of an annual interest of fourteen or sixteen
millions -of pounds sterling, her permanent debt
u so magnified as (o require an annual supply
for the discbarge of interest alone, of thirty-five

or forty millions of poonds sterling, we may in-
deed coBceiTB sometbiog of (he necessities of (hut
Kingdom, and find in other considerations, Inde-
pendent of a natural jealousy and hatred towards
us, suOiciealground for her piratical exactions, if
the commerce of all the nations of the world is
to be made to pay tribute to ber superior naval
strength, and thus feed the monster that derours
them ; if America is indignantly 1C> subscribe her
quota of immense taxatioa to sQpport entire the
vast expense of this dominion claimed over ail
the waters of the earth, I confees it is possible the
grand plan of universal mouupoly may succeed,
and the countless accumulation of Ihe Britiah
national debt will form no obstacle to her gran-
deur, or the ease and happiness of her people-
But ibis is a question which addresses itself to
the honor, to the patriotism, and the virtue of
every American. On this question, I believe, sir,
there is no division among us ; we all profess to
emulate the geouioe spirit of 1776.

I fear, indeed, there are other obstacles Io fail
and honorable adjustment with England, which
will be difficult to arercome. Manyare the items
of injury which we hare been baffled in ail our
attempts to obtain redress for.

The article of impressment stanils io impor-
tance Bi the head of the list ; it is a claim (oo
degrading to freemen, (Oo insulting lo the sov-
ereignty of this nation, ever to lose sight of. I
hope for the honor of our country that we shall
□ever yield the right of civility to a nation who
attempts to enforce it on ua; it waa properly
made the condition precedent to any treaty our
ageals at the Brilisb Court were authorized lo
form ; nor, air, ahoold we be conienl with a«up-
posed relaxation Of the practice »o long as the
principle is claimed. We have, indeed, a noted
evidence, of relaialioo in this practice in the fa-
nous note of November 8, 1806, so much relied .
in by onr Mtnisleis in London, but in which ex-
perience has shown no faith could be placed; for
jy a recuneace lo the document with whieh we
ba/e been furnished very lately on the subject of
impressments, wa find that from the date of that
jote to the time when it was probable the rejec-
tion of the treaty was known in England, a num-
ber of our citizens, equal to any number in the
like length of time io any former, period, were
subjected to impressment into theBniiah service.
Indeed, for my own part, sir, I never coold con-
strue tQst note to mean even an insinuation that
the practice whi to be desisted from, but rather a

!W ayowal of the principles of it.

Another item in our accounts, which must
have an honorable adjustment before a pacific
understanding can ever return, is the outrage
committed on our sovereignty by (ho attack OD
the Chesapeake. Whatever Jhe apologists of
England may say, no American will venture to
pronouoce, in the candor of his mind, that out
claims to satisfaction have not been completely
sustained on our part, and most shamefully and
dishoaorably evaded by England. Sir, it is no
secret now, end 1 dare say it has been avowed at
James's, that the person sent here for the pur-

.yGooglc

HISTORY OP CONGRESS.

700

H. OP R.

f}>rtigtt Reialwiu.

December, 1

pose of mahLog satisfaciion to this natioD, waa
ueiiber authorized or JDieoded to heal (he wnund
(he feelings of AmertCB had suatBined. Who i»
(here, on this or the other aide of (he Atlaoiic,
who has CTpr heard what were the specific prop-
oaiiiona of redress intended lo be made 1 There
may be some who hear rae, who know more of
the aecret* of foreign Governments ibaa I do,
who could tell us what that person came to this
country for. From ererylhing 1 hare seen or
heard, if I was asked ta-da; what he bad come
for, I knowaf Doanawerl dare give. Perhaps he
caiiie, sir, to learn us the art of bowing, (o teach
u« kindly sometbiDg of the etiquette of a Eoro-
pean Court. He han, indeed, aitended our nation-
al levee, and, after presenting himself to the pre-
aiding personage, turned upon the snrrouniiing
crowd, has taken this raati by the elbow, to that
he hu whispered, and with a third may perhaps
have transacted some little matter of business, and
Id due lime, seeming to protest, with an tumi soit
qui mat y penae, has taken his leave.

There are other subjects of minor importance,
for the settlement of which we have a right lO
look.. Neither Ibe fair principles of our com-
[Derce, aa connected with the colonial trade, have
been adjusted, or eompensaiioa for the losses we
have sustained by depredations on cur properly
OD the aeas, been made.

But, were Ihese questions of claim settled, or
did (hey not exist, we have, I fear, loo saiisfac-
torj evidence of the determined hostility of the
British Ring, to permit ua lo hope that we can
longer avoid measures of a strong character and
quality, such as I admit those under considera-
tion to be. For this ground of support to (he
measures recommended, I refer, with indignation,
to the proclamation of the Briiisb King issued
tome (ime in the last Spring. Sir, in my esti-
mation, it is scarcely possible to conceive of an
act of hoslility mure insnliin^, or of a character
more obviously inimical than that instractioii
published in our gazettes, in which the British
King has proclaimed immunity to the violators
of our embargo laws. Has he not thus, in open,
flagrant, anil the most undistinguished terms, of-
fered rewards for insurrection auiOtig (he people
of the United Slates, erected the standard of re-
bellfoo for them 7 Has he not appointed, aa the
rendezvous of American treason, the quarter-
decks of his navyl And js iij sir, for George HI,
or his minions, to encourage in the people of the
United States a disobedience of the laws they
themselves have made? For him who once en-
deavored to command obedience ID laws, in
making which (hey had no participation? It
might, indeed have been expected that, before
His Majesty nad attempted this insidious act
against our interior peace, he would have recol-
lected his cause, or only ostensible cause, of the
war of 1793, against France. France, he said,
had a(tempted (o alienate ihe obedience of bis
people and s(ir up insurrection ; if this was true,
It would have been certainly a. just and indispen-
sable cause of war. Where a man is attacked by
conspiracies and combinations, carried on with

hii own domesticK, it is time to defend himself;
and, air, if ever there was a time, in my opinion,
when a call of (his body would have justified an
order to repel insult and injury, it was when our
Government wa; informed of this insidious at-
lempl upon our internal peace and safety.

The conduct of (be Court party in Great Brit>
ein, however evincive of hatred to us, ii what we
have no right to complain of. Let them stimu-
late their own nation by what false means their
Ministry may think fit, either in or«u( of Parli-
ameni, to a spirit of boxtiliiy againsi us; ihev
have a right to do so ; and it U tui ns to watch
the working of that sort of machinery, and be
prepared to meet lis stroke. Of hostilities, so
strongly indicaicd in that way, 1 therefore say
nothing, except that, a* a new evidence of a de-
termined spirit of war, they ought to warn us of

Among the last, and surely no( (he least of the
indignliies offered to the Government and people
of this country, Mr. Canning's letter lo Mr. Pink-
ney, of ih9 S3d of Sepiember, is cer(aiDly (o be
ranked. It could not, indeed, hare been expect-
ed, sir, in candor, aCier the earnest aiid honorable
endeavors of our Goverumenl to reconcile out
disputes with England) that we should be told,
by an official character of that kin^rdom, that we
hail entered into the universal combination against
His Majesty. That this echo of a miserable par-
ty. I do not mean that party composed of a re-
spectable body of American politicians, (of them
IwiU not doubt (he integrity, nor can their patri-
otism be questioned :) but, sir, 1 !ipeak of a par-
ty— an unprincipled foreign faction — which had
fixed a mercenary interest among us. Tt is tbc
spirit of ibis poor, contemptible, and already
dreadfully appalled set of miaerable miscreants,
on whom the patriotism of the counuy is frown-
ing iodignaoilyHt this moment, of which Ispeak,
when I say a British Minister has dared to return,
the echo of French influence upon our Gotern-
nrent itself; and has told us, in a tone ofinsolent
exultation over what he falsely supposed a. Mate
of division among us, (hat there was a univer-
sal combination against His Majesty, and that
our embargo did come in aid of France, when,
if her measures could hare succeeded at all, (his
inierposition of the American Government would
have most eSTeclUBlly contributed lo its success.

1 have thus, sir^in the most coaeise manner I
was able, without taking the wide range the sub-
ieet would have justiliea, endeavored io show the
little probability that exists, wilhoul resorting to
the strong measures contained in the resolutions
before US, ever to effect an adjustmenTof our dif-
ferences. The interest of Prance, perhaps her
disposition — the disposition of the King of Eng-
land, and a false caScuFation of his interests — the
systems in which both these Governments seem
(obe unchangeably fixed,- require the measures
proposed. 1 believe those measures to be ten
times better calculated, for all the purposes of any
annoyance we are capable ot^ than war would be,
if formally declared, and a( the same time, how-
ever incunvenieoi to ourselves, less so thao war.

.yGoogIc

HISTORT OF CONGRESS.

702

Decimbgb, 1808.

Foreign Bdatioru.

H.orR.

I therefore am willin^f to consider the second res-
alutjoa a( proper to be sJopted in its brondBsi
terms, and as ioteoded for m reLnliBtioa orinjurf,
we aught to adopt « part of tbe measures of re-

At the same time, lir, let il be uoderstood, bf
Ihe modi Scat ioD which a select cainmiftee ma^
make on the subject of imporiation, what is to be
the permaDCDt, as w«ll as the temporary pUn.
Let It be noderslood lo what articles piohibicions
or pTobibilory duties are, a* r a ultimate regula-
lioD, to ezleail. Nor, sir, Would I he«itate to
discoarage the immense importatioas in times
of pacific iotercoarse which have, and' ever will,
•o long «E they remaiti unrestricted, drain our
country of its real riche< and make an unproflt-
able barter of our vaiual^le exports, for the Idzu-
rie» which enervate, while ihey impererish us by
throwing an immeme balance of trade against
America.

These, sir, are the ideas which appeared lo me
to be applicable to this subject: When we come
to consider the question of the embargo alone, it
will then be intime to make the inquiry, whether
the barren kingdom of Sweden, which the gen-
tleman from Virginia (Mr. Bindolph) had said,
was open to our commerce, would form a suffi-
cient vent for our vast products, to authorize a
hope of benefit to us, from permitting our Teaseli
to go there. I believe, however, it will be found,
that so small is the consumption of the product
cf oor agriculturists, hunters, or fishermen, that
a single warehouse of an American' eiporier-
would be more than sufficient to glut her ; and as
10 the idea of the eenileman, that through Swe-
den we can gettotne Continent with our freight*.
1 ask if be has not beard that the navy of Qreai
Britain infests the seas of the north as well as the
south of Europe; that her ships cover the Bal-
tic, and surround tbe coast of Sweden and Den-
mark 1 Will England allow ut lo gd to the Con-
tinent, and thuB directly and effeclually evade
her blockakel No, sir; nor is there a hole or
comer of the waters of the earlh, through which
we cMi DOW creep to a competeal market. Sir,
whRtevei: may be the views of aggrandizement
which merchants might hare on this subject,
they would find themselves mistaken. They may,
indeed, in the vast labyrinth of orders, decrees,
ind regDlatioDs, perceive some crooked course to
steal aloDg with a diagrHceful smuggled trade, but
lean, with confidence, tell thegentlemaa fromNew
York (Mr. MuMPORo) that, if once we open our

Krts by asenerat regulation, wbiie the orders of
anee and England continue, thiacomroeTce will
no longer enjoy immunity from the permission
even of a foreign nation ; when our property shall
again be fully exposed upon the sen, ■ general

Sraap will be made at it; is not the enemy now
overing round you, the hungry birds of prey ?
Let, then, the gentleman send again his vessels
to sea, and be will find only an addition to his
great and heavy losses, already staled to be s us-
uined, by the tyranny of France and Eozland.
The scene will again shift when onr properly is
pat afloat to *o great an Rmonnl as it would be,

and capture and eondemnBiion woald succeed lo
fraud and connivance. Sir, it is lime to ihlnk
itlRoce, and less of refinements in the
acta of Eubmissinn. I hope we shall have the
question, and that 1 shall have the pardon of the
^'ouse for havins coniribulrdio-day to delay it.

The House adjourned, without taking a ques-

}n, at 3 o'clock.

TiiEBDAT, December 6.
Ordered, That the Message from the President

of the United Slates, communicating a report from
the Surveyor of the Public Buildings in tbe City
of Washington, which was read and ordered lo
lie on the table on the secotid instant, be referred
to the Oomraillee for the District of Columbia.

Mr. Shiuib presented a petilion of Edward
Livingston, of the Territory of Orleans, stating

his claim to (he lots or parcels of land called the
i" in the vicinity of the ciiy of New Gr-
and praying that the title in fee simple to

' Batiure,"

d Iota or parcels of land, may he conffrmed
lo the petitioner, or such other relief afforded in
the premises as to the wisdom and justice of Con-
gress shall seem meet.

Mr. G. W. Campbell presented petitions from
sundry citizens uf the Territory of Orleans, in op-
position to toe prayer of the foregoing petilion,
and suggeslins that the right lo the said lots or

Earcels of land hath not been relinquished by ihe
irmer Sovereigns of the counlry, but is now
vested by the act of cession in the Government
of the United Slates, and that il would contribute
to the beneBt of the peliiioners and others, to pre-
serve the Balture as a common, open and unbnilt
upon by any person or persons claiming the Same.

The said peiilions were read, and severallj; re-
ferred lo the Attorney General, with iastruclions
to examine the same, and report his opinion there-
opon to the House.

FOREIGN BELAl'IONS.

The report of the Committee on Foreign Reta>
lions being again before the House, and the ques-
tion still on the first resolaiinn—

Mr.GnouiOHsaid: Mr. Speaker, were Ilo yield
to my embarrassment on the present occasion, I
should not irespiBX on your indulgence. But
when I refiecl upon the great nationarimportance
of the question now before the House, and upon
the high responsibility which iia decision must
attach lo me as one of the Representatives of the
people; I am impelled, from considerations of
duty, to assign to yoti the reasons by which I am
influenced.

It has been said, air, with great truth, that the
present is an extraordinary crisis. It seems in-
deed 10 have been reserved for the age in whick
we live, lo witness a cDmbinatton of political
events unparalleled in ihe apnalsof lime. Almost
the whole civilized world has been within a few
years convulsed by wars, baliles, and conquests.
Kingdoms and empires have been revolutionised ;
and we behold a vast continent assuming a new
aspect under a. new dynasty. Those laws which
from time immemorial have prescribed aad limit-

.yGooglc

70S

HISTORY OF CONGRESS.

704

H. or R.

fbmign Relaiiotu.

Decbhbm, 1808.

ed the conduct or nailoDi, are doit cootempiU'
aualy pioalraled, innocent neair>lit)r is bauished
Uoxa (be oeean, and we bear a grim lyrant asMTi-
ing bimsclfthe sovereign of the seas. Thus ihe
most esueotial part-or the slcbe ia Httenipied to be
parlitiooed between Iwodaminee/iug rival belli-
gerents. Sir. it would have been a subject of iht
siocerest felicitalion if our happy countrj' could
have been exempt from this universal codcussion,
But ne are faieJ loabare evils in the production of
which we have bad no pariicipatioa. lo inquiring,
Mr. Speaker, into ibe causes of these.evils and
the policy by which we are to be extricated from
ihem, I am conscious of two iliiogs— of my uller
incompetency to the elucidation of so great a
-subject, and ufihe uoavoidablenecessiiy of touch-
ilig UDon ground already occupied by genllemen
who nave preceded me in this debate..

When, SIT, I recur to ihe resolutions reported
by the Coaimitiee of Eilerior Reialions, I find
one .which proposes resistance to the edicts of
Qreal Britain and France; and another which
recommends a system of non-iiiiercourse between
ibe United Slates and those couairie^.

In bearing the first resolution treated as an ab-
stract proposition, tny asiani:ihment has been
a little eicitqd. 1 iiave always undersiood an
abstract proposiiion lo be the asseiiioo of
ceperal principle without any specific appljc
Here is a distmcl position with a direct reference
to particular orders and decrees. The reso
therefore is itsclfspecific and appropriale, .. __.
ibe apt terms of the gentlemap ii6m Connecticut
(Mr. Dah4.) But before we can determine upon
the propriety or impropriety of the resolutions,
to me it appears indispensable that we should ex
amine attentively and minutely, not only ihi
situation of this country in relation to France am
Britain, but also the injuries and aggressions tbey
have cornmiited upon our neutral rights.

In doing ibis I regret extremely that I shall
wound Ihe delicate taste and exquisite sensibility
of my. learned colleague (Mr. Raitdolpb) who
addressed yon yesterday, i shall take no pteasore,
in the retrospection which seems so much lo dis-
gust that gentleman ; but 1 do not know how else
to find justification for the measurcK we, I trust,
shall pursue, and to expose the profligacy of our
eoemiea. The regular discussion of the lirst reio-
lulion would seem naturally to lead us to a review
of the edicts of OreaCBriialnand France. When
we say, we will not submit to iheir'edicli, it can-
not be amiss, allhoogh I acknowledge, sir, the
undertaking is an unpleasant one, to inquire into
the nature and extent of those edicts. I there-
fore will endeavor, within as narrow limits as
possible, to exhibit to the view of the indignant
American, the various wanton aggressions which
have been committed by both these Powers upon
bis commercial rights. And, sir, whenever we
look for the chief source of our difficulties, we
must turn towards Great Briuin. Then let us
Examine the principal items in her account.

On 8th June, 1793, the British Oovernment is-
sued an Order of Council to stop and detaiufor con-
demnation, vessels laden with corn, flour, or taeal, '

and bound to France, whose people were then al*
most in the act of starving, and of course we were
deprived of an excellent market for those articles.

On 6th November, 1793, an order issued to stop
and detain ships laden with the produce of, or
carrying provisions to', the colonies of Frtince.

On 21st March, 1799, she issued a proclamaiion
decUringthe United Provinces in a siaie of block-
ade, and thereby excluding neutral commerce
without any actual investraeoi.

Go 16Lh May, 1806, a proclamation declaring
ihe blockade of the coast from the Elbe to Brest,

On 7ih January, 1807, an order prohibiting nett-
iral vensels from trading from one port to another
of Ih^ enemy or his allies.

On llth M,
the btockade*of the
ser, and Ems.

On llih May, 1S07, a proclamation declaring
the blockade of the Dardanelles and Smyrna.

In October, 1807, a pfoclamation, ordering Bri-
tish officers :o impress from American vessels all
such of their crews as might be taken or mistaken
for British subjects.

On llth November, 1807, Orders in Council

ere itsaed interdiciing all neutral commerce to
any port (if Europe from which the British flag
was excluded ; atrecling that neutrals should
trade to such pons only, under British license and
with British clearance*— that all ships destined
before (he issuing of the orders to any of the said
ports, should go into a British port^ and that all
vessels having ''certificate* of origm" should be
lawful priie.

On llth November, 1807, an Order in Council
was issued, declaring void the legal tianafer of
vessels from the enemies of Britain, to neutrals

In 1808, various acts of Parlitment have been

essed, oarrying the orders of the llth of Nov^m-
r, 1607,inio execution. They impose a specific
tax on a variety of articles of American merchan-
dise allowed lo b« re-exported to the continent of
Europe, fur example, on tobacco, 12t. 6d. sterling
per cwt. ; on indigo, 2*. per lb. ; pork, 17«.6d. per
cwi. ; cotton, 9d. per tb. i and on all other article*

It enumerated in the act^ a duty of forty per cent.

exacted on re-exportation.

On 8ih January, 1808, a proclamatioa issued
declaring the blockade of Cartbagena, Cadtz,snd
St. Lucar, and all the port* between the firat and
lastof ihese places.

to th« Autumn of 1808, in order that plunder
light commence from the very moment of the

India islands were declared in a state o( blockade.
I will forbear, sir, ai this time from commeat-
ing on the habitual impressment of American
citizens, by Oieat Britain j the illegal condem-
nation of American vessels under what (hey call
the rule of 1756; the spurious blockades of Bri-
tish commanders, and the conxequent spoliations
Nor will I deisin tne House

by relating the storv of Captain Bradley, eom-
mandet of the Cambmn, who in the face of the

.yGoogIc

HISTORY OF CONGRESS.

706

Fttreign JMatuMM.

ciirofNew York, aad in cod tempt of the ciril
Mithorji; of tbc United Bi«ie», dragged ;our citt-
z«Di into slivisb captivity. The ease too of tlie
British sbip Leaoder may remaio untold — the
Horoiiiy of Ibai traniaction is wriiteu in indeli-
ble ebaraeiers, with ibe blood of our oouDtryinea.
Tbe iDTJiRiioD of the Britiih Miniitry to youi
meichanti to violate tbe embargo, and ibe burn-
ing of a frifsdly sbip of war (tbe fmpecueui) in
Touroirn watrrs, ate circumstances too ligbt to
bt DOliced. I feel no disposilion, eitber, lo por-
UAj the aSair of tbe Cbuapeake. The gboit of
tbe mnrdered are yet unavenged for tbai horrid
mi perfidioot deed 1

liviU now advert, sir, tO'tbe principal iojuriss
eomniilied by France on tbe neutral commeree
of lbs United Staiea. They consitt in the eze-
CBtioD of three decreet, to wit :

The Berlin decree of the gist November, 1806,
declaring the British islands in a ttate of block-
lit, and that no vetiel haviag been at or coming
directly from England or her colonies, shall enter
It a Preach port.

The Milan decree of tbe 17th December, 1807,
declsriDg lawfol prize every vessel that has suf-
fered ibe visit of an English vesiel, lubniilied lo
M Kogliab vof age, or paid doty to the Eoglish
GoverDmenl; and also, every vessel oomiag from
the ports of Eagland and her colonies.

The BayoDoe de<Sree of April, 1806', which sub-
JKts, as ii ispSaid. and I believe not doubted, ail
American vessels found upon the high seas since
the embargo, to capture and confiscation.

Here, Mr. Speaker, I will end the black cata-
logue of Ini^icons ouirages and restrictions upon
neutral commerce — resiriclions which are ac-
knowledged to depend for their support upon no
otker ground than that of retaliation. Whilst I
ptoiest against the principle of reialiaiing upon
in enemy through ibe medium of a friend, yet
these orders and decrees have no claim evea lo
tkat priaeiple. Because Prance and Britain both
^teelhaI the right of retaliation does not accrue
before the aeutral has acquiesced in tbe aggres-
•iotu of the enemy. We have never aequiesoed
in tbe aggressions of either, and therefore, upon
their own reasoniag, ought not to be liable to the
operaiioBortbe principle for which they anjustly
contend. But, aif, can we quit ihissubjecl with-
out looking more particularly at ihe consequences
^Jch resnll from ibis series of injuries?

In reviewing the conduct of Great Britain to-
wards this country, we perceive a continuation
(rf'encroaehments, designed only for the utter de-
■triKtion of our commerce. This disposition is
nunifestin every order and proclamation she has
i»oed sinee the year 1793. If this were not ber
object, why such a continned system of illegiti-
tpiie bloelradei'I Whyso many veiaiious restric-
tions upon aeuiral trade, teodiog to destroy com-
petition on our part la the coniiuental markets? I
might trace Ihe scheme a little further back and
i^k, whence the outrages? the orders of June and
Navember, 1793. which produced Jajr's treaty?
A treaty which I am sorry to say, did not gua-
ttaiee lo us mutual and reciprocal rights, and
10th Cos. 2d 9x89.-33

which was no sooner ratified than violated by
British perfidy. But, sir, I will not speak of trivial
matters like Cbeiie] they are of no coniequeoce
when we reflect upon other topics. Tbe pretended
blockade of almost every port upon the Baltic ; the
blockade of tbe eastern and souibera coasis of tbo
Noiih Sea, unaccompanied by any naval force;
tbe nominal lavesimenl of ihc ports on the loutti
of the British channel, and on the European coait
of the Mediterraaean sea; the occlusion of tbo
Black Sea, by (he blockade of Ihe Dardanelles
and Smyrna, and in fine the blockade of all the
places from the Slraiis of Qibnltar to the Arctic
Ocean, are acts which, notwiihsiandiog their un-
exampled enormiiy in themselves, sink into per-
fect msignificance, wbea we consider the bas«
attempts meditated by the orders of r«ovember
18U7, and the consequent statutes of Parliament,
to reduce this country again to a state of colonial
slavery 1 Sir, at the very thought of these infa-
mous orders and acts of the British Government,
1 feel emotions of indiguaiion and contempt to
repress which wuuld be disbooorahle. What, sir?
American vessels to be arrested in a lawful com*
merce, upon " the highway of nations}" to be
forcibly carried into British ports and there either
condemned, or else compelled before they can
prosecute their voyage lo take British clearance*
and pay a Briiish taxi And if Ihe owner of the
cargo shall be unable to pay ihe amouni of tax
he has the consolation left him of seeing bis pro^
peny burnt ! Sooner would 1 see every vessel and
every atom of our aurptos produce make one gen-
eral conOagraiioa in our own country. For what
ose wai Ihe Revolution, in which the blood
treasure of our anceslfirs were the price of jo-
dependence, if we are now to be taxed by Britain ?
Tiie highest authority lo the Union cannot con-
st i tut ion ally tax the exports, which are in part
the produeiaof tbe labor of (he American people :
yet Ibe British Government has presumpiuouslr
undertaken to do it. 1, sir, for one mnat proieii
against anything like submission to this conduct.
But let us see what we should gel by submixaion
So far from gaining, it will be easy to demoiH
strete, that If we were to submit, we should be
only remunerated with disgrace and ruin.

1 will take the gronnd of the gentlemen in th«
oppoailion. The embargo shall be repeated and
out trade renewed, subjeci lo the existing ordera
and decrees of Great Britain and France. What
will be the consequences? We are told that we
need not trade to France and Britain, and thereby
involve ourselves in « disgraceful acquiescence in
their edicts; and it seems admitted that on account
of the aieendency of the Briiish navy, we cannot
visit the ports of thai part of Europe which is
under the dominion of Napoleon. But, say gen-
en^ we may tiode lo Sweden, and onr pro-
will find its way to the rest of the Continent.
This doctrine ischimerical in the extreme. What
amouDi have you heretofore annually exported to
Sweden? Tu the value only of about (50,000;
id the truth is, thai there is very little market
that coentry for American ariicle*. Can it,
therefore, be seriously believed that tfaere is to be

.yGoOQic

HISTORY OF CONGRESS.

708

H. OP R.

F\nvign SelatioTu.

December, 1808.

such BQ iDsiBnUaeoua traaalatloD of capiEsl to
Sweden, ind ihal she is Euildeoly to become ao
commercial as to afford an eutrepoi Tor the whole
of our commerce'? Will Stockbolm and QoUea-
burg fucnish you a market for more iban ooe
hundred millioos of mere hand iie? The idea in
entirely delusive. Admiilioff, boweTer,we were
to carry on a commerce of this sort^ I will ask if
it would not be complete submisaion ho Qrest
Briiaiu ? Would it not be confining ourseWes to
tbe bumble, pitiful coarse she has been pleased to
chalk out for us? It certainly would. No, sir,
if we trade at all (unless we were to trade in
armed ships, the propriety whereof it is not mv

gesenl purpose to eiamiae} we must goihioug-b
rilJEb ports, and subject to the orders and acts
ofBfitaia. Her navy is sufficient either to cap-
ture vessels going to the Continent contrary to
the Orders of Couucil, or otherwise to compel
such vessels to pass tbrough her ports. Then it
seems clear, if the embargo were at this time re-
mared, we should be compelled to trade with or
through Oreat Britain, or else our vessels and
property would be subject lo confiscation. I will,
therefore, proceed to count the effects of such an

In the first place, that a commerce of this sort
would be a complete abandoument of every prin-
ciple of national honor, cannot be denied ; unless
it be contended that to obey tbe mandates of, and
pay tribute lo, another Qovernment would not be
dishonorable. But we will for a while dispense
with the question of national disgrace, anil cal-
culate the profit and loss. In this estimate it will
be easy to prove, that by a commerce subject to
the Orders of Council, and such as is contempla-
ted by some geptlemen, we should annually pay
an actual and uacoaslitutional tax into tbe Brit-
ish treasury, of more thftn twice the amount of
our own revenue. Unon the articles of cotton
And tobacco only, we snould be compelled to pay
B tax of upwards of seven millions of dollars, ac-
cording to the raiBt imposed by the late acts of
Parliament. We export aDnually, 62,000,000 lbs.
of cotton, all of which would go to or through
Britain for a market, because our cotton is not
wanted at any of the uninterdieted places. It
ftpjiears from documents published in Great Bri-
tain (and the correctness of which, I believe, can-
not be questioned) that she does not consume
more than one bnlf of our cotton. She is stated
to have manufactured, per anaum, before the
orders of November, American cotton lo tbe value
of about 3,900,000/. sterling^ which sum would
purchase at the English prices, but one half of
our exports of that article. Hence, the residue
of 32,000,000 lbs., in paisinr through England to
some other maket, would l>e subject to the lax
levied by Parliament of 9d. sterling, per pound.
This duty on 32,000,000 Ibs.ivillamouot to $5,333,-
333 33 cents.

We export 85,000 hogsheadsof tobacco. Admit,
what is a large allowance, that 10,000 hogsheads
would be seat to Sweden and other uninterdieted
ports, and that 15,000 hogsheads, one-fifili of the
remainiog 75,000, will be coDsumed in Britain}

(hen we should by the Orders c{ the Council, and
acts of Parliament, pay a tax at the rale of 12*.
61^. sterling per cwt. on 60,000 hogsheads which
would pass tbrough England to a market. This
tax, admitting each hogshead to weigh only
1,200 lbs., would amount to «3,000,000, which
added to the cotton tax, will give you the sum of
87,333,333 33.

Upon recurring to the act of Parliament carry-
ing into effect the orders of Noveroberj it will be
found that all such articles as are specified in the
act and subjected to particular slated taxation
per lb., cwt., bbl.,&:c., pay about forty percent, on
their value. This position is confirmed by the
fact that on all articles not enumerated, forty
per cent, is tbe duty imposed. Now let us lee
what this duty of forty per cent, will produce oa
the remainder of our'cxports, tobacco and cotton
being excepted.

From the report of the Secretary of the Treas-
ury for the year 1807, it seems that the total
amount of our exports for that year was (108,343-
150. From this amount I will deduct the exports
to Great Britain, tbe exports to places not inter-
dicted by the Orders In Council, and tbe value of
the cotton and tobacco, the tax on whicli is al-
ready calculated, and then the balance will be
tbe sum on which the (ransit duty of forty per
cent, will te paid.

Total amannt of exports ... $lDB,S43,16a
Deduct exports to Britain, ,

per Secretary's report • $31,015,623
Do. eiDOrts to pUces not

interdicted by Orders in

Coundl, amounting, per

Secretary's report, to not

quite .... 7,000,000
Deduct one hiJf the value of

cotton, and fbur-Eflhs the

value of tobacco exported,

amounting per the Secre-
tary's report, to • . 11,679,383

4S,GM,966

Balance aobject to duty on ra-eiport-

Oa trhieh calculate tax'of 40per cent

and it will amount to • - - $S3,469,36S TO
To whidi add tax on tobttxa and

cotton 7,333,33333

Making the sum of

• $30,792,600 OS

Thus, Mr. Speaker, it most maDifestly appears
that in the prosecution of a trade subject la the
existing restrictions we should be compelled to
pay a taj: of upwards of $30,000,000 per annum
to England, for the exercise of our natural and
unequivocal right to navigate the ocean. Bnt
can any one believe that a commerce oppressed
in this manner would be profitable. What is the
opiniou of the most emineut and respectable mer-
chants in both Britain and America oo this point?
They tell you that after the cargo has paid import
duty, a tax for clearance, export duly, the expen-
ses of separate shipmeaia, oral to England, and

.y Google

HISTORY OF CONGRESS.

Decembsb, 1808.

Foreign Relationa.

ibeo 10 the place of coasnmptioD, together with
all [he cbarges atlendio? such circuity, the ex-
porter will be found in debt.aad that such a trade
will not pay costs. No^ sir, if yoa resume your
tndenpoo these condilioas you will barter iia-
tiooal hoDor for inevitable bankruptcy and ruin.

I tro't, Mr. Speaker, I have succeeded ia show-
ing th»l a commerce of this sort would involve
iaittbe basest submisaioo, mercaotile ruin, and
tbe parmeut of millioos of tribute. 1 will now
proceed to inquire wbat effects a system of non-
mtetcourse with the two great belligerents would
produce on them and on ourselves.

Ai to Prance, since the embargo, has already
cut off communication from this country to thai,
and iaainnueh as the superiority of the British
nayy prohibits adventures from France to Amer-
ica, it is true a non-intercourse law in its opera'
lioQ will be hut little more than nominal so far
iiitrespecu France. But as France has injured
ns, ahbough 1 acknowledge her aggressions bear
no parralleiism wiih those of England, yet I am
in favor of expressing, either by a suspension of
intercourse or in any other way, the reRentmeot
of the nation for such aggressions ; and when the
injuries of France shall equal the injuries of Bri-
tain, I will go the same length for redress against
the one as against the other.

But, sir, a non-intercourse measure will be at-
lended witb very different cooseiiuences, in rela-
tion to areai Eniaiu. If such a measure wer^
ti^roDsly executed in (bis country, what effects
would ii produce in the first place upon the Bri-
tish mannfactories ? Five-eighths of the cotton
manufactured inBrilain, both for home consump'
lion and for exportaiioo, are carried from Amer-
ica. This important fact is proved by the impart
and export statements published ia that country.
How then is Britain to be supplied with that ne-
cessary article, without which her cotton manu-
faciaresmustceaseT The remaiaiDg three-eighths
of cotton which the gels from other countries
will not, I presume, more than clothe her own
people, and of course there will be nothing left
tor exportation. It is idle to talk of supplies from
Africa and Sontb America, where there is scarce-
ly any cotton raiaed.

From whence is Great Britain supplied with
the essential articles of grain and meal, pot and
pearl ashes, pitch, tar turpentine, flax and linseed,
■od wooIT More than two-thirds of the total
amotrni of these articles consumed by her, she
receives from the United States.

The loss of rereoue, sir, which England must
experience by non-interconrse with this country
will be euormons, and would be felt by her at this
liraewiih peculiar severity. She woutdalsodis-
I lie to see London no more the banking place
for American merchants, and would feel the loss
of a balance of trade in her favnr, of upwards of
five millions sterling annually, and which is ao
moch boajied of by her merchants upon the ei-
ctange. But, Mr. Speaker, tbe greatest injurv
to ahieh Britain will be subjected is that which
will result from the non-importation part of tbe
•yiiem, from the entire excluaion of all her sut-

Slus manufactures from the American market.
he is at this time almost shut out from the conti-
nent of Europe, and if her dealings with her cus-
tomers iu (his country are cut off, what sale wilt
she be able to make of her merchaodise 1 9uch
a state of things, sir, must inevitably tend to (he
univeraal impoverishment of Great Britain, and
may bring her perhaps to a sense of justice.

The evils and privations which we ourselves
shall experience from asystem of non-intercourse
are, I acknowledge, much to be regretied, but
from the nature of the times they are unavoidable.
That there is now and will be a diminution of
circulating medium, I am ready to admit. That
the sources of the revenue will likewise be in a

freat measure dried up is equally true. But, sir,
contend that these inconveniences are alike in-
evitable whether we have embargo or not. Would
war have bettered our situation in these respects 1
Would such a trade as has been mentioned by
gentlemen, or a trade trammelled by the existing
belligerent restrictions, fill yout public coffers ana
enrich your citizens 1 It has been shown clearly
it would only reward jou with dishonor.

But, Mr. Speaker, if we have privations to en-
counter, we have already received incalculable
benefits from the embargo, and shall, I have no
doubt, derive many advantages in a political point
of view from a suspension of imports. The em-
bargo has saved from seizure and confiscation
more than one hundred millions of American
property, and has rescued frqm foreign imprison-
ment thousands of American citizens. Non-in-
tercourse will still protect our property and citi-
zens until we can acquire other means of protec-
tion. It will render the country more independ-
ent by encouraging internal manufacturca. We
have amplemeansof support at home, and should
therefore avoid an habitual dependence on othera
for many of the comforts of life. Non-intercourse
will moreover pramote frugality and economy
by banishing foreign superlluities — and here Mr.
Speaker, I will notice one circumstance, which
is entitled to great weight. We export neces-
saries lo Great Britain, we get in return, from
that country, but little else (ban luinries

But, sir, if we ahould he compelled by tbe in-
justice of our adversaries to persevere for any time
in this policy, our fellow-citizens of tbe East,
who have been accustomed to employment at sea,
may become manufacturers for their agricultural
brethren of the South, and in return may procure
such necessary supplies as they may wish. Thus
that traffic which has beeti earned on between New
and Old England may be converted into a new
channel of beopficial commerce between tbe East-
ern and Southern States. Our own manufac-
tures will by thtse means soon fill our siorebonsea,
give activity to capital, and restore the circulation
of money. The grower of coiton too will be bene-
fited by finding a market for that article.

By prohibiting, sir, the importation of all foreiKD
liquors, the corn and wheat farmer might also be
greatly relieved, notwithsiandtng the embargo.
We import annuallv 416.086,613 worth ofliquora,
to make which, or ttieit substitutes, would requir«

.yGoogIc

7H

HISTORY OP CONGRESS.

712

B.orR.

Foreign Rdatiotu.

Decbmbbb, 1808.

the diuiillation offire milliant of buihels of grain .
we only ezpori about seven millionR of bui>hel9,so
that we ehould find at home by a disuse offoreiKO
apirila, a market for five-sevenths of our surpli
grain.

It is asked, Mr. Speaker, whether the embargo
i* 10 be perpetual} and the Geueral Qoverntr---
ia charged with the design of annihiiaiing c
merce. I wish, sir, to give to the embHrsc,
rather to a non-iaiercuurae policy, which I should
have prefi^rred in ihe first instance to an embargo,
a fair ejperiment; and ir after th« rigid eaforce-
mentof its provisions, for a reasonable time, it
be found ineffectual, then the magnaniinitjr of
Congress will require thai some other expedient
be adopted in its sirad. So far froin a perpetual
embargo, which I believe is not thought of by
aoy one, I would resume the commerce of the
country the very moment it can be done with
aafety or credit to ourselves, or as sooq at we can
acquire streugih lo protect our rights upon the
ocean. But lam opposed to having any course
of conduct dictated by the avarice and cupidity
of merchants; but for whose shameful violaiious
of the embargo that meaFure would, ia all proba
bility before ibis, have produced the end jbr which
it was intended. If there are merchants who
■uffer more than the rest of the community, 1 am
■orry for it. There is, however, one consolation
left them; they can, while prevented by the ezi-
gencies of the eouniry from pursuing their ordi-
Dary profession, bvtake themselves to the loom or
plough— occupations as respectable as they do
now, or can follow. And, sir, if many of those
powder-heailed gentry who infest your towns,
and sap their very existence out of the honest
planter, were under the necessity of resorting lo
some laborious avocation for a livelihood, society
would subtaio no injury from it.

To the charge that Congress or the Govern-
ment meditate the deslruciion of commerce, I
answer that such an accusation is totally unfound-
ed, and therefore I positively deny it— I deny it,
because it is contradicted by the whole course
and tenor of Congressional and Bxecniive pro-
ceedings. Congress have uniformly devoled more,
alleuiion and given more encouragement to com-
merce alone than to every other object ofoaiional
jurisdiction cuUecliyely.

It has bean said that the Eastern States only
euffet by the embargo ; and the tonnage of Mas-
•achuselts has been compared to that of Virginia
as five to one. When we look at tbe estiraales
of domeslic eiporls, we find that the priucipal
amount is composed of articles the exclusive pro-
duction of the Southern Slates. The proper and
actual exporis of all New England do not equal
those of Virginia alone. I wish to make no com-
parison^; they have nut been introduced by me.
lf,D01withsianding,weare driven into acts of this
«ort, the Eastern people, in a commercial point of
Tiew, are principally the carriers for the South-
ern ; and (lie present suspension is only a suspen-
aion of their carrying trade. But, sir, we are all
one political family, and so matter what part en-
joy* most the benefits of corn merce. lam willing

to go any length, within the resources of the na-
tion, fur its maintenance and protection. If em-
bargo and non-inlercourse shall be found ineffi-
cient restraints on our adversaries, ta insure us
justice, 1 will unite in making the lest appeal of
natioo9.

Permit me, now, Mr. Speaker, to occupy a few
momentsof your attention in noiicingaome of the
arguments advanced by my culleasue, (Mr. Rak-
ooLPu)— a gentleman of whoae talents and patri-
otism 1 have long entertained ibe most exalted
opinion, but with whom it is my lot to differ.
That gentleman has asked, fur what purposes wat
the General Qovernment created? He has told
us It
of it

tution inform us that thai instrument was ordained
'' in order to form a more perfect union, establish
' justice, insure domestic tranquillity, provide for
' the common defence, promote the general wel-
' (are, and secure the blessings of liberty to our-
' selves and our posterity." The regulutiou of
commerce is not slated as a specific object of the
compact of the Stateii; and, although it is veiy
justly enumerated auiongst the powers of Con-
gress, and is certainly highly entitled to their con-
sideration, yet there are other duties enjoined on
Congress which are paramount even to the pTo-

Tbe gentleman has discovered great solicitude
about Slate rights, and affirms that the man who
is likely to wield the destinies of tbe United Statei
has long thought the State sovereignties ought
not to exist. He asks, also, if il is not now pr«>-
posed to extend the powers of the General Oov-
ernment, at the expense of the State gnvernmeols?

What connexion can exist between itais tatter
question and the subject now before us, I am un-
able to perceive. I shall have no objection to meet
the question, when that part of the Ifresidenl's
MesMge to which the gentleman alludes shall
come lairly before the House. Were I, howevpc
to express an opinion, it would be, that, instead of
attempting to excite distrust and apprehensions
respecting the present Executive, sentiments of
gratitude should be inculcated for the inntimera-
ble pulitical blessings which the people of thesa
States have experienced at the hands of the best
Admiuistraiion which the world has ever seen..

In regard, sir, to the charge against "the maa
who is about lo^wield the destinies of the Union,"
I will only remark, that I fell not a tittle aston-
ishment at hearing my worthy colleague make a
newspaper publication, evidently intended for
electioneering purposes, the basis of so serious an
accusation before this body. The very circum-
stances under which the publicatioa of Judge
Yates' notes has iKen made, prove that it deserves
no sort of credit. Would it not have Iteen more
patriotic and honorable to have exhibited the
charges contained in that publication at a time
whicli would have afforded an opportunity for
their investigalioD before the decisiun of the Pre-
sidential election 1 Ifit were necess&ry, upon this
charge, 1 would refer lo the archives of Virginia,
for the year 1799, where would be found the most

.yGoogIc

718

HISTOET OF CONGRESS.

714

Dkcivbbr, I

Fhreign Relatioru.

•rn.

■Lgnal teilimony in behalf of the illustrioNk pei
BOD to wboiD allasion has Wd made. Bub hi
eharacier is fortiSed bjr loo raaof distingtished
deeds of patriolism to suffer by such an assault. ..

Mr. Speaker, there is one part of the gentle-
man's areumeDC which I Iedow not how he
JDsiify. It is thai in which he accuses the Ai
jeans with cowardice, asserlinic that wb ''will
show our heels to the enemy."

[Here Mr. R&hdolpb eiplaioed, and observed
that he had not made use of the words in that
■ense; that he bad inteoded loose them oulyby-
pothetjcaIIy,Bnd did not inainuAie that the Amer-
icani «erp deficient Id btavery.J

Mr. Gh'oi.hon proceeded. 1 am happy al
explanation of my colleague. It is very far i
my inletilion to misrepreseot him. My inference
was from the words as I had noted thetn. I how-
ever will add, that the Americans will be ever
ready to repair with enthasiasm to the standard
of their country, when its liberty shall be assailed.

The gentleman reminds us that we have
gigemeuts to fulfil ; that yon cannot dispense with
your rev«nne ; and that Sweden is still free to
your ships. 1 bold the public engagements to be
sacred, hot, if the imposts are not to be dispensed
with, 1 sbonld be glad if that enlightened gentle-
man would show DOW the income resulting from
them can be contiaued. Would war. sir, have
(applied youwiih funds, orwould the Exchequer
find resources in a trade with Sweden ? 1 repeat,
again, that the idea of Sweden's furnishing a mar-
ket for oar produce is perfectly visionary. A poor,
barren, frigid climate, more the resort of wolve*
and birdii of prey, than of commerce I

The same honorable gentleman has said that
property has fallen to nothing, and that the pres-
ent system will end in the demoralization of the
people. 1 affirm, sir, that if the embargo had not
been laid, the prices of p^duce (which always
regulate the value of properly) would not have
been better than they are now. Our produce in
oar warehouses is worth something, but, devoted
to seizure and conSscaiioo, would he worth noth-
ing, except to our adversaries. Were price* bet-
ter during our differences with Engkind in 1793,
and with Prance ib 1799, than at present 1 At
the former period, tobacco was not higher than
two dollars and Gfiy-thieecentt ; and at the latter,
1 believe, not more than four dollars per hundred
weight. As to the demoralizing tendencies of the
embar^, I must be permttt«d to observe, that, if
the habits of fruaaliiy and economy which it has
produced; if the Danishment of luxuries, and con-
sequently In some degree of vice from the nation,
will demoralize the people ; then that deplorable
effect may justly he attributed to the present
aysiei^.

[ have now, Mr, Speaker, concluded the re-
marks which I intended to make. 1 am very cen-
tiUe that I may have taken an incorrect view of
this alMmportanI subject. 1 know, even those who
are infinilely my superiors in political science
do frequently err. We may say, httiuanum et
ttrare. When I shall he convinced that I am ia
error, I abiUL twvc no hesitation in acknowledg-

ing it, and in contributing my feeble support to
anoiherand better system. My deepest soUcitude
is to pursue that course which shall redound moat
to the honor and welfare of my country.

Mr. O. W. Campbell said it might have been
expected that he should before this time have
risen to notice some of the objections made (o
this resolution and the report of the committee
on foreign relations, in order to rescue them from
the unqualified and general, though in some in-
stances, verv weak and inconsistent censures at-
tempted to M thrown upon them. He had hith-
erto waited patiently to hear some of those gen-
tlemen who opp(»e the report state some specific
ground of objection, either to the principles as-
sumed in it, to [he facts therein stated, to the rea-
soning upon those principles and facta, or lo the
conclusioos drawn from them. He had expected
when gentlemen eO very liberally censured the
report that they would at least fix on some defi-
nite objeciieus as the foundations of those cen-
sures, that were capable of being comprehended,
of becoming the luhject of investigation, and re-
ceiving some specific answer. He bad, however,
wailed in vain. We have heard some general
objections taken, hut gentlemen have not at-
tempted lodeny a single principle assumed io the
report; not to show the incorrecmess of a single
statement of facts made in it; nor bare they yet
ventured to deny any part of the reasoning, or to
dispute the correctness of the conclnsioos de-
duced therefrom. The gentleman from Massa-
chusetts, (Mr. ftdiHOY,) who bestows his censitrei
so very liberally, and in terms so very elegant
and peculiar to himself, has not pointed to a sin-
gle ^rt of the report to which he objected in
particular. Mis censurei were general and to-
definite, and, it might be added, most of them
inconsistent and incomprehensible. Some of bii
objections will be noticed, so far as they relate to
the subject nndcr discussion ; others or them are
of a chsracter not to be noticed for the purpose
of investigation. They ought not to stain the

Rage of [Iel>ate; if noticed at all, it will be only
)T the purpose of showing that they are totally
inapplicable to the subject, and that the public
lay see the wretched shifts to which gentlemen
re put to support their opposiiion.

Sir, after the House has been neatly two weeks
Dgaged in a discussion in which gentlemen have
idulged themselves in such a range that the
jbject which produced It is almost entirely lost
sight of, it is high lime to bring out minds back
to the real question, which we are about lo de-
cide. The debate seemr, indeed, to have had no
boaods assigned lo it; every subject of domestic

rell as foreign affairs has been embraced by

This desultory kind of declamatory discut-
. censurins every measure, either adopted or
proposed, without offering any substitute, can
only be designed for the popular ear, to amuse the
public mind, and divert it from perceiving the
real course which gentlemen are mrsuing, and to
cover the abject submission to which that course
would lead. The public must see thai those gen-
llemeD in the opposition can tiave no other object

.yGoogIc

715

HISTORY OF CONGRESS.

vR.

Foreign Rdatvma.

Decbubeb, 1808.

in view in exaggeraling the distresies of thin
country under ibe embareo, in calling it tubmis-
■ioD, ia paimiDg io the aigbegt colors the uoa-
renged nioogs of this country, without proposing
any measure of redresi, but to turn away the pub-
lic attention from the real causes of our present
difficulties, and prevent the people from perceiv-
ing the gulf of disgrace into which the course
pursued by those very gentlemen would plunge
the nation. These gentlemen must be sensible,
ihat todo nothing but remove the embargo, would
be submission of the most humble kind ; and, iu
order to conceal the deformity of such a proposi-
tion, they seem desirous to anticipate the public
■entiment, and make an imprensioD abroad that
the measures pursued by your Government, which
were charged, last session, as likely to produce
war, are now sabmistion, mere submission, and
nothing els«. They tell the people. " Your rights
are sacrificed by those whom you have intrusted
to manage your affairs; everything is going
wrong ; turn them out and pat us (the minority)
in power, and we will heal all your wounds ; we
will set all things ri^hi." What other object
than this can be ascribed to those speeches we
hare heard. I have, sir, been unintentionally
hurried into ibeie remarks, which have carried
me, in some d^ee, away from the course I meant
to pursue. I will return to the subject immedi-
ately before you. I cannot, however, avoid first
expressing my astonishment at the Hoe of con-
duct pursued by the gentleman from Virginia,
(Mr. Randolph.) He fivored 1» with two elo-
qaeot speeches of some length, paTiaking in a
peat decree of a -war fpiril. and breathing great
indignation at foreign aggressions, and censuring
temporizing, submissive eondnci at home. Much
of these speeches amused us, and some parts of
them I was really happy to hear, as I was thereby
indnced to believe, that he was about to assume.
with us, B higher ground than that we bad hith-
erto occupied ; hut when I heard the gentleman
descend m>m the climax to which be had arisen,
of avenging his country's wrongs, as it would
seem, to the very bathos of doing nothing, worse
than nothing, of taking ofT the embargo, aod trad-
ing with Great Britain, thereby submitiing to her
orders, I was, sir, asiootshed ; my very blood
chilled in my veins, and so must that of every
American who heard him— fMr. Rakdolph said
that was not his ground.] I will state, said Mr.
C., what the gentleman said, and what I consid-
ared his ground. If I misunderstood him, I am
willing to be corrected. He said, " Will vou go
towarl wiU you increase ihelaxesl No," the
gentleman answers — "1 will not increase the
taxes, I am for opening your trade with both those
Powers" — meaning as I understood him, Great
Britain and France. If 1 am not correct in this
atalement of what he said, I am always willing
to have any explanation which any gentleman
wishes to make as to facts. [Mr. Randolph.'—
Does it become me to correct that gentleman 1
Doesit become me.after the very candid ascription
of motive which he has made, which was as for-
eign from myself as others, that I should explain

whatti did say?] Mr. Campbell said, he had
given the floor in order to permit the gentleman
to state or explain what be had said, not to argue
the point. [Mr. Randolph. — The gentleman has
abdicated the Boor ; sir, he has surrendered it to
me, and, under the correction of the Chair, I will ■
keep Jl. 1 deny that the ground which I am
charged with having taken is my ground. It has
been put under me by another. It is not improb-
able, sir, onder the tiicumsiance* under which I
addressed you yesterday, that I may not have at
all limes, in every sentence, in every minute par-
ticular, expressed myself with great precision.
But certainly this House, and every ona who
heard me, must know, that I did not take the
ground of submission to the two belligerents, ot
of trading with them on their own terms.]

Ur. Campbell. — We are now precisely where
we were before the gentleman explained. The
words which 1 have stated as having been used
by him are not denied, and they justify the state-
meat I have made. I feel no disposition to dis-
tort or exagfterate anything that gentlemen say;
nor to ascribe to them motives difiereni from
those by which they are actuated^ or other objects
than those they really have in view ; but I must
be permitted to make such deductions from plain
ana explicit language as il will fairly warrant.
Now, to open your ports and trade with both
those Powers, without adopting any other meas-
ure, under existing circumstances, I consider a
direct and unconditiooal submimioo ; hence I feel
myself strictly authorized by the gentleman's lan-
guage to say, that the course suggested by him
would be the most humble of all submissions, and
without even an apology for. national disgrace.
And what object can gentlemen have in view in
making speeches that breathe the spirit of resist-
ance and war,and at the same lime refusing to take
a single measure calculated to vindicate the in-
jurearights of their country; leltiog yoa in plain
terms they will do nothing, unless indeed it be to
conceal from the public eye the bumilialiug con-
dition to which their course woold bring the
nation 1 I can see none. These are my deduc-
tions from what has been said on this floor. The
gentleman from Virginia (Mr. Randolph) says

ly easy, sir, for that gentleman, who every oae
knows can express his senlimeots as clearly and
distinctly as any man in the nation, (aoH in say-
ing this I am not paying any eompliment to the
gentleman,) it is very easy for him, sir, to tell us

Srecisely what is his plan, what are his objects.
ut. sir, I will pursue this part of the subject oo
further at this time, but return to the course I
proposed to pursue, and, in the first place, notice
some of the objections made to this report.

The House must excuse the w,int of methodi-
cal arrangement in the remarks which I roay
make. It will probably be impracticable, if not
totally impossible, in noticing the incoosistent,
and, in many instances, contradictory abjections,
made to the measure before you, to pursue any
reeular system.

Th« style of the report, and the mode in which

.yGoogIc

HISTORY OF CONGRESS.

718

DccexBiR, 1808.

H. otR.

the sabjeci is irealed, which seem to be particu-
larlf objection able to the genttpmiia from Vir-
ginia, Tor he Bays It is Dot serred up with such
eiquiaiie laste as it might be, will not be exam-
ined herp. The report is before the public, who
wilJ decide do daubi impartially oo those points.
In iheir decision I Ehall very wilHnglf acquiesce.
These objections, however, whether well Or ill
foDoded. caonot affect the subsiaDce of the report.
This will rest on its own merits. The facts staled
in it are suppotted by document;, the truth of
which will not be denied. The principles as-
sumed are snch as I presume it would 'not suit
gentlemen to deny before the American people;
they have not denied them. These, together with
the reasoaiHK upon them, and the conclusions
drawn therefrom, are calculated to show the un-
provoked wrongs, and to vindicate the injured
rights of the people of this country ; it may not,
therefore, answer the purpose gentlemen have in
view, to deny these directly, or to specify the par-
ticular pftrt to which thpy are so much opposed.
They have bifherlo declined doing thi«, and have
caatealed themselves with making vague and
general objectioni to the whole measure, and. at
tbe !ame time, ibey tell you, with one exception
only, that ihey will vote for the resolution, while
they consume the time of the House in arguing
against it. Qentlemen tell you the first resolu-
tion under coustderatiou is perfectly useless; that
it is so clear it cannot be disputed ; and yet, sir,
ve have not been able to get a question upon it
Tor ten days. Some say they hate no objections
to it; others do not like it, but still they will not
vote against it. One geoileman (Mr. Gabde-
nieh) considered it so extremely clear, so self-
evident, that he must vote against it. That is.
he must, id order to show his consistency, record
his vole against a proposition that was too self-
evident to he denied. This kind uf logic is to me
incomprehenaible. Tbe gentleman says, we can-
not, or ought not. to submit to anything. He will,
therefore, vole against the resoluiioo declaring
thai we cannot, &c., submit to the edicts of Great
Britain and France; the effect of his vote there-
fore, most be, that we can and will submit lo
those edicts; as the negative must be the con-
verse of the positive, and all this because the
question is loo clear to admit of doubt. Yet, sir,
beciDse tbe sua shines into your Chamber at
noon day, that no reasoning can be necessary to
establish tbe fact ; tbe gentleman will lell you that
it is lo self-evident, that he must solemnly affirm
by his vole, that it does not shine at all. I shall
not pretend to answer this kind of reasoning.

Some gentlemcD object to this resolution on the
gfonnd that it is an abstract proposition, and that
Qo bill is lo be founded upon it. It has heea cor-
rectly stated hv the gentleman from Virgiuia,
(Mr. Gholson,) that it is not, strictly speaking,
an abstract proposition. It is, in fact, expressing
the sense of the House on the subject of submis-
lioQ as applied to the existing slate of things; it
may contain an acknowledged trutb, but that is
applied to the present state of our foreign rela-
tions, and so far it is specific. But suppose it

were as abstract as gentlemen choose lo consider
it, still it would be parliamentary, and perfectly
consistent wilh the practice and usages of delib-
erative bodies, and of this House to adopt it. I
need not remind tbe House of the case when the
right of deposile at New Orleans was ioierrupted.
A declaration was then made, abetting our right
to tbe navigation of the river Mississippi, and to-
the privileges consequent of that right, and our
determination to maintain that right and those
^>rivileges Unimpaired. What is the case now?
The privilege of carrying your produce to its
usual market is inierdirled, and you are called on
to declare that you will not submit to this infrac-
tion of your rights. I wish the gentleman to point
out Ihe difference in principle between declaring
that you will not submit to an interruption of the
right of deposile for your produce, as was the case
at New Orleans, and a declaration that you will
qot submit to the interdiction of the right of car-
rying your produce to market, which is the pres-
ent case. In the one case, tbe right of deposite
is interrupted ; in the other, the right of transit or
of pursuing your lawful commerce, is interdicted;
the principle iu both cases is precisely the same,
Manyoiher instances of a similar nature might
be introduced, if thought necessary, to show that
Ibis course is perfectly consistent with parliamen-
tary usage. But I had supposed, sir, the few re-
marks I made when this subject was first taken
up, would have prevented, or at least rendered
UQoecessary, the objections taken to this resolu-
tion. It was then slated to the House as a prop-
osition so clear and self-evident, ihal I could
scarcely bring myself lo think it necessary. That
it was fixed upon as a rallying point at which all
would unite, and shorl ot wnich no one would
wish to stop, and it was supposed no objection*
would be made to il. It was not proposed at a
measure upon which a bill or law was tobe found-
ed, and tbe objections taken on this ground are
futile beyond description. Il was intended, and
will have the effect of showing lo the American
people who are willing to maintain ibeir rights
against foreign aggressions, and who are prepared
and willing to submit tamely lo those aggressions,
and to admit that those edict?, violating your
commercial and neutral rights, are perfectly cor-
rect, and therefore ought not to be resisted. The
vole on this resolutiort mar determine this point.
Those who vole against the principle coniained
in the resolution, to wit: that we cannot submit
to those edicts, must of necessity vote in favor of
its opposite or conlrary, that we can and will sub-
mit to them. There is nomiddlecourse between
the negative and the positive, that I am acquaint-
ed with, thai will enable gentlemen to vole against
this resolution, and yet evade voting fur sunmis-
sion to the edicts of Great Britain and France.

The gentieman from Virginia reminds us that
we have been four weeks in session, being the
fourth part of the time assigned by ihe Constitu-
tion for our deliberation and inquiries — what
have we done? What progress has been made
in public business 1 I regret Ihe loss of lime, sir,
as much as any gentleman ; but when we are re-

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719

mSTORT OF CONGRESS.

720

H.orII

Foreign R^UUiom.

Deoshbbb, l!

minded of ilg rapid progreu, and that we have
not improred i[, it would seem TeasoDsble that
those who complBiD should iDrorm us what vc
ought, ia their opinioD, to hare done, what they
themselves have done, or what ihey would wish
to do.

Ifibey would point out the course ihey wish
to pursue, we might pos&ibly ao with ibeni, and
thus hastea the progress of public business. None
of the {enilemen has explicitly slated bis plan.
So fat as ihey have divulged their project, it
-amouuis lo UDCondiiional iiubmission, thai would
pluDgelhe nation inlo an abyss of disgrace. You
-are told lo retrace your sieps ; to abanooD the onlv
measure for resisting foreign aggressions lowhicn
you have resorted; to acKDOwTedge. your error;
that is, to aonounce to the world that we were to-
tally wrong in opposing the Orders in Council of
Hi» Most Gracious Majesty, Kiog George III,
and the decrees of ihe Great Emperor of the
French ; and that we are willing to remove the
embargo, and talce jusi what little commerce ihey
ftre pleased to n:sigD us. If this be the geDlle-
man's plau, Ibeg leave lo enter my protest agt '
it, and to declare thai ii oerer shall, vrith my
aent, stain the page of your Jourual.

Being in some measure called upon by the gen-
tleman from Virginia, to explain some pretended
inconsistency he has discovered in this report, I
•ball briefly notice i^ome of the obj^ciions he has
made to it. I could have wished that he had spe-
cified his objections so as to be capable of becom-
itig the subject of invesligation, that their merits
might be aacertaioei), and that they might be sus-
ceptible of a specific answer, He has not done
■0 ; his censures and objeclioos are vague and in
general terms, not definite, nor, indeed, consistent
or distinctly coraptehensible. He says you must
have something better than this report to extri-
cate you from your present difficulties, but he
does not tell you what [hat must he; nor does he
offer any substitute for it. He observes that re-
ports of com mi I tees, and correspondences of Mia-
laters, and instructions of Secretaries of Slate,
will not protect your rights or secure your inde-
pendence; and seems to regret that the Secretary
of Stale can write so well, because be says, whilst
you have the best of the argument, you have the
worst of the baltle. I do not, sir, perceive any
force of reasoning in ail this, nor can I compre-
hend what object the gentleman had in view, un-
less it be to make known to the public his disap-
probation of evetythin? that was done, withoui
■Esigningeven a plausible reason for it. Certaiu-
ly, our having the best of the argument cannot
be the cause of our having the woist of the bal-
tle; and if we have, aa he says^ the worst of the
battle, it could be no consolation lo us lo have
also the worst of the argument, nor would this
better our situation. Why the gentleman should
seem to regret that your statesmen can so suc-
cessfully show the justice of your cause, is in-
deed incomprehensible; as it never can, by any
pos.«ibili(y,add to the number of ageressionseom-
mitied on your rights. They would remain the
aam^ whether the subjects of tliem were well oi

illy discussed. It may be thought by some, but
surely, I trust, not by that gentleman, a most ua-
fortunale circumstance, that Mr. Madison can
write so well, as it has thrown the diplomatic
corps of George III in the back-ground ; for, with
all th^ir Court intrigue and diplomatic addresa,
they have certainly been foiled iu the late discus-
sions. It cannot, however, be pretended, that this
broDght the nation into its present difficulties.
' With regard to the first resolution, now uuder
discussion, the objections taken to it by the gen-
tleman are extremely jnconsistent, and some of
them appear to me in direct contradiction loeach
other. He first says, "the resolution [s weak,
feeble, and Useless ;" and in another part oC his
bpeecti, he asks, " whether this resolution la in-
tended as a declaration of war." How the gen-
tleman can consider the same resolution feeble,
and therefore useless, and also as a declaration of
war, is io me incomprehensible. But this kind of
reasoning isio perfect consistency with the course
pursued oy gentlemen for the last two or thre«
years. We were told last year that the embarco
was war against Great Britain ; now, we are told
by ilie same men, that it is submission to her. In
1605, we were lold the oon -importation act was
war, in the strongest terms, against the same
Power ; you were told that, by it, you were about
to put the match lo the train which would ex-
plode throughout the United States ; you are now
lold that with the non-importation act comrnenced
■your career of submission. Surely, sir, what waa
war in 1805 and 1306, cannot since have become
submission; nor caii what was war In 1807, be
now turned into submission. The gentleman,
with all his eloquence, will not be able to recon-
cile lo the people of the United States such in-
consistencies, or induce them to believe in them.

' The gentleman asked for some explanation re-
specting what he considered an inconsistency or
anachronism in the report. I presume he most
have been mistaken in the dates to which he al-
luded, or he would not have made this inquiry,ai
nothing is necesury lo show that there is no in-
consistency in that part of the report to which
he alluded, but to examine and understand it.

The paragraphs which Ihe gentleman read are
these: The first in the fifth page of the report:

" The Milan decree of 1807 can itililen retf for its
defence on Ihe supposed acquiescence of the United
Stales in the British Orders of Ihe preceding laonth,
since those Orders, which have not certainly been
acquiesced in, were not even known in America at the
d&le of the decree."

The other paragraph was in the eighth and
ninth pages :

"This, (the initraction oftha Council of Priiai, Ac.)

was received on the day of Docembar ; and a cop;

of the dednonin the Case of the Horiioa, having at Ih*
BBDietinte reached Gavemm ant, the Frendant, aware of
the eoasequencM which would follow that new state of
things, comnuuiicated immediatajy to Congteaa the
■Iteration of the French Dacreea, and faeommaaded Ihe
embargo, which waa accordingly laid on the S2il of
December, 1BD7 ; at which time it was well understood,
in this couj)ti7, that the Bntiah Ordcia of Councili of

.yGoogIc

fflSTORT OF CONGRESS.

Fortigit Selalumg.

H.O

Nov, sir, the ttBtements here made, are, thai, at
tliedate of the Milaa decree, the Orders of Coun-
cil of 11th of November, were doi known in
America, anil that when the embargo was laiii.it
was well undeTtiood thai they had issued. The
Mitaa decree is dated on the 17lh of December.
1807, the embargo waa laid on the 22d of thai
moBih— Gvedayi^flerward. The assertion, there-
fore, in the report is, that ifaete Orders of Coun-
cil were not kauwn here to hare issued on the
HTCDIreDth day of December, but that, on the
SSd o( (hat moDlh, it was well Qoderstond they
had issaed. This is perfecll)' consisteni, inToUes
noRDBRhronism, and was io fact the case, as I
■hallihow the Hous^. It may, howeTer, be pro-
per here lo observe that, in such a docnmeot as
thai DOff before you, it would not hare been cor-
rect to state that iboiB order* were known here,
10 M to require, OD our part, any measure of re-
sistance lo be taken in jt^td lo them, in order to
avoid a charge of acquiescence In them beigg
made by a third Power, until they were officially
eommiinicated toour Ooveramenl. This is ibe

SroDDd laken in the report. It states that ."the Milan
ecreeof 1807, can still less rest for iu defence on
ihe supposed acquiescence of the United Slates
in ihe British orders of the preceding moath,"
&«.; and to prove, beyond a doubt, that France
litd no such pretext to justify her decree, we
ay that, so far from having acquiesced in those
DtdetB, ihey were tiot even- known here at that
lime. The knowledge of tbem here meant would
properly be considered that which would result
iram an otGcial communication of tbem to the
GoTsrauieDi.. This might, with propriety, be
coBiidered the roeaniog of the report, and in that
HQtewe were not made acgitainled with the or-
den uDiH the 23d oC February, 1808. when they
w«re officially communicaled' by Mr. Erskine.
Bui, in ibe present instance, it is not necessary to
reaorl to tbis construction lo justify ibe siatement
in the report, For, according to Ihe ordinary
meaniag of tW term, the existence of those or-
ders was Dot known lo us (at least lo me) on the
17th of December, 1807, and it was known to us,
thonghaotDBScially, on ibe 22d of thai month.
To show this, I beg leave lo read to the House a
short ptii^pb from a paper printed in this ciiy,
Ihe NaiiDoal In telligeacer, of the 18th December,
1807. fiaied to be taken from a Loudon print, it is
ai follows :

" A prodauialioD ii now, we Qnder*tand, in readi-
MM far His Majesty's signBlnre, dectaiing Francs and
lbs whola of ber tumI kiagdomi in a. atale of aiege,
and pn>hibLtuig all inUiconrsa with her or them, all
ulnDca of Teasels into Ibeir or her harbors, aicapt of
nch as hsTB cleared last &om a British port, either
boiDeor IqreigD."

This is the first information, as far as known,
recEired here, of the eiistence of those orders,
lad prorea the correctneaa of the •latement in
ihe report— it being subsequent to the 17lh, and
pretioui to tbe 22d of December, 1807. This
paragraph alto fully ana wers anothei objeclioo

taken by the same eentleman ic

the report. He lold you tbat, although ii was
asserted in the ninth page of the report, at the
time the embargo was laid, it wns genetally nn-
derslood here, the Orders of Council had issued,
yet that in fact ibe Briliih proclamation resprct*
ing seamen, and the injurious conairuction given
ibe Berlin decree, were tbe real causes of lavlDg
ibe embargo, and that tbe Orders of Council did
not constitute any part of ihe ground of this
measure. We assert thai the existence of these
orders was known here, ihourb not officially,
when the embargo was laid. This fact is proved
beyond a doubt by ihe para-granh which I have
just rend to the House, which shows ihsl, on the
ISlh December, four days before the taw passed,
the information alluded to was published in ihi*

Tbis is the knowledge of those orders, alluded
lain the report, which, connected with the note
of tbe British Commiasioners, annexed lo the fa-
mous treaty of Mr. Monroe, so oflen noticed in
ihis House, was, in my mind, conclusive evidence
that the Orders in Council bad issued, or at least
were prepared lo be issued. That note declared,
in express terms, that if France did carry inlo
execution the Berlin decree, tfcc, and if neutral
nations did not rfieciualty resist such execution,
His Majesty mirht prolrably be compelled to
adopt measures of retaliation, d,c. We were ap-
prized that the execution of the Berlin decree bad
been determined upon and carried into effecl;wa
were, therefore, auiboiized to conclude that the
British GoTernment would carry inlo effect the
threatened measures of retaliation ; and we were
further informed by the public prints of that
country, as already shown, that sueb orders were
actually in a state of p reparation, and about lobe
officially published. What stronger proof conid
be required of the existence of those orders? I
cannni judge of the motives which actuated other
gentleroen, or of the grounds upon which ihejr
voted for the embargo. For myself, i can say
thai this information, in regard to itiose orders,
had with me considerable weight, and when con-
nected wi!h tbe note alluded to, did induce rae to
vote precisely in the same manner I would have
done if the Orders in Council had been officially
laid on yonr table.

We are told, by the gentleman from Virgiaia,
that we ought lo nave more of action and leas of
argument. This kind of memento has been so
often repealed in this House, showing not what
you ought to do, but that vou ought to do some-
thing, that ii has became tne stale phrase in everjr
one's mouih. It is a sufficient answer to tboae
who use it, to ask tbem, as already, what they
have done, or what they wish to do, to relieve the
nation from its present difficult situaiion t They
ery out, all is wrong ; but not one of tbem tells yo«
what would be right. Tbey Insist you are losC
In a wilderness of difficulties; but tbey do not
even point to the way that will lead yon out. It
is, sir, much easier lo find fault with existing
measures, than to propose such as would be bet-
ter, in Iheii stead. So long as human nature ia

.yGoogIc

HISTORY OF CONGRESS.

H.OFR.

December, 1808.

■o much nnder the cudIioI of eapricioua passions,
and [be lUHlignarit spleea of disappoioied ambi-
lioa, the inoet coTrect measures that can be devis-
ed will be censured, csvilled at, and fouad fault
wilb.by certain men. We now call upon tbose

femlemen who exclaim againsl everytbin^ ihat
as been done, or proposed to be done, to gire us
Ibeir nrojecl ; to tell the nation wbat tbey would
do. wnat plan ibey wish to follow. Until tbey do
this, ibe publis must and will consider their x>b-
jections as unfounded, and as being ibe mere off-
>pTJng of a captious disposition, or rancorous
apjeen. I do not wish to be understood as im-
peaehinf the motires of (hose gentlemen; ibey
may possibly tbink their conduct is correct ; but
their object cannot well be mistaken. It is evi-
dently an effort of the outs to get in. The com-
mon cry is, that everything is going wrong — the
measures of the present Administration hare
brought you into all your difEeuitiea — have
broaght you to the'Terge of ruin — there must be
a change of measures to save you ! What con-
clusion is to be drawn from aU thisi Why, sir,
it is plainly this : That those gentlemen call on
the peonle to turnout those who now Rianage
their public sflain, and put thetn in. They nay,
"all is going wrong," and may pleinW be under-
RtDod to mean, " put us in, and all will go right —
we will not tell you what course we will adopt
until we ere in the full possession of power; we
will then tell you what we will do." Tes, sir:
and what would (hey dot The same they did
before, no doubt. They would tighten the cords
upon the people, and make them more submissive
10 their superiors ; they would have a strong
Government, possessinz much energy, supported
by navies, armies, and hosts of ci7il officers. But
there would be ilo surplus money in your Treas-
ury. Instead of this, you would hare direct taxes
and excise laws to keep the people in order and
give your Oorernmenl enerey. This appears lo
me to be fairly deducibte from the conduct of
those gentlemen.

It is not my intention, in ibe remarks which I
shall make at this time, to take up the whole sub-
ject of the report. I shall notice some of the ob-
jections made to the several resolutions; and
when I come to observe upon the general subject,
shall confine myself principally to the Snt pare
of the report,' which regards the agressions com-
mitted on our riehts by foreign nations, and on
which the second resolution is founded ; and also
notice the nature of the measures we have alrea-
dy adopted in consequence of those aggressions.
It baa been staled ihat Ibe first resolution is un-
necessary and useless ; that the second is submis-
sion, as it gives up all your trade, when only a
part of it is ■Q'eeted by the edicts of the belliger-
ents; and the third is said to be like the first, use-
less, as it only speaks of defence, &c. The objec-
tions to the first resolution have already been
noticed, and may be adverted to again in another
place. Those made to the second will he sub-
stantially answered, in the remarks that will be
made in resard to the embargo, to show that it
was not suDmission, tod, of course, that this step,

cannot be submission. The objection to (he third
resolution, that it only proposes to prepare for
defence, would naturally induce a belief that the
gentleman who made ii (Mr. RiNDOLPa) wished
us 10 prepare for, and adopt measures of offence.
Such, however, does not seem to be the case — if
it were, offence or war is one of the aliernativet
presented in the report, and would meet the gen-
tleman's wishes ; but be seems disposed to do
nothing, as far as we can understand him, but
take on the embargo and open a trade with thosa
Powers, which, in my vieWj isabjectsubtnission,
and nothing else. But, sir, if we prepare for de-
fence, do we not, at the same time, prepare for
offence? Is it usual or proper for a nation to
declare that she is making preparations in order
to make war on soother nation 1 Is there to be
found an instance of such an estiaordinary and
impolitic declarBlion 7 No, sir, there is not ; nn-
til she is prepared lo make war, she will not aa.
nounce to her enemy that she intends to do so.
Preparations for defence are calculated also for,
and of the ?Rme nature with those osed in offence.
They are made for defence, but, should the occa-
sion require it, they are used for both, for offence
as well as defence. We do not wish for ^^ai — it
is our interest as well as our desire to avoid it —
we are threatened from abroad — we determine to
make the necessary preparation for defence ; and,
should such a state of things occur as may require
it, we can and will use them also for the purpose
of offence. But it is, indeed, extraordinary that
the objection should come in this shape, from a
gentleman who proposes no measure himself, and
IS opposed to every one that has been suggested.
He IS against raising an army, against continuing
the embargo, against a no n -intercourse, objects to
preparations hi defence; and it may be aske«),
what is he for ? The answer may be, submission.
There is no other inference can be drawn from
such conduct.

At the same time, sir, you are told, that the
submissive, temporizing, missionary policy pur-
sued by your Government has brought the nation
■- the brink of ruin. These general and unqual-

ified

vithot

port them, do not merit, and, indeed, cannot re-
ceive any other answer than a general and direct
denial, until some proof be given of the facts al-
leged. It cannot be expected that we will go into
proof, to controvert every vagne assertion made
on this floor. That the Government has used
every means in its power to keep the nation out
of difficulties; that it has pursued an impartial,
firm, and dignified line of conduct toward foreign
Powers; and that it has resorted to every honor*
able expedient, and used every power with which
it was vested, to extricate the nation from in
[rresenl difficulties, brought on by foreign aggres-
sions, will not be denied by any one who examines
and understands the whole grounds of the late
negotiations, who gives reason bit play, and is
not blinded byprejudioe, or deluded by party cod-
BideratioQs. The official documents relative to

.yGoogIc

mSTORT OF CONGRESS.

Decehhb, 1806.

Foreign Rdaliota.

H.OFR.

those D«galiatioDs are DOW^fore the public, and
those irhom they will not cooTiuce of the correct-
neu M wdl as the impsriialiiy of ibe coadact of
our Govemmeat, would not be persuaded hj any
■rgameDt that could be advanced ou this floor.
No; ihey would not believe aa BDgel, (bough be
should come down from Heaveu, to sound these
troibs in their ears.

The same geotlemaD (Mr. R.) has asserted on
this Boor, in opposjiion to a ilatemeot made in
the lepon, thai bd answer has been received from
France, which is safficient to satisfy every one
who has seen or heard it. On what authority he
foandithis assertion, I cannot preleod lo say. 1
hive attended to the documents laid before Cod'
eress this session, both public aod private ; and I
iet'lmy:elf authorized to state expressly, thai no
Uiirer has been received from France on the
point in qoestion ; thai is, on the proposition un-
der the authority of the law of last session, rela-
live to withdrawing her decrees, [n support of
this f on have the Message of ibe President ; and
Mr. Armsirong's last letter, bearing date theSdih
of August last, in the public docameuts, shows
ihat,sofHr from France having given a final nn-
)wer. [bat he did not even renew the discassion
on this subject with that GoTernment, as be was
anlborized to do ; and there is no document laid
before ibis House which will show that any such
uswer has been received. I will not at preseift
paiboe these objections further. What has been
already said is sufficient to show that they are
mher the offspring of a spirit of opposition (ban
founded on any auDslaiitial grounds of either fact
or reasoning.

1 shall now brieBy notice the report itself, for
tbe purpose of presenting the House with thai
view of such parts of U as relates to the question
leilly before ihem, as I entertain, and which may
possibly assist us in forming a correct opinion on
the subject. The report may be considered as
cmiiisting of two parts. Tbe first relates to, and
Slates the injuries we hare received ; the a^igres'
■ioDs eummiiied on out comtnercial aod neutral
ligbtsbf foreign nations, and on this is founded
toe fitsi resolution. The second part relates to
(he measures lo be pursued, in order to resist
those aggressions, and on this are founded the
tecond and third resolutions. The first part is
that which is immediately before the Hou^e. In
il are briefly stated the orders and proclamations
of Great Britain and the decrees of France,
which infract and violate the lai^t'ul commerce
aod neutral rights of this country. ' Those edicts
of the belligerents, and the manner in which they
^Te been adopted aod executed, are considered
SI acgiessioas of the most aggravating kind, and
iDTolving the best rights and dearest interests of
ibeUaiied States. Taken in the aggregate, they
■reconsidered and stated to amount to a maritime
war against this country. They are also slated
to be unprovoked and unauthorized on (he part
of both (hose nations, by any act on our part, of
iojary (o either, or of voluntary acquiescence in
tbe nnjasl violations on our rights by the one to
the prejndiee oi tbe other. Hence i[ is conclud-

._ nd iusistEd, (hat (his nation ought not and
cannot, consistently with i(s true interest and
honor, submit to those aggressions] hut is bound
in duty and justice to itself to resist and oppose
them. There can beno ground that would justify
a nation (having (he power) in not repelling, or
at least resisting, an injury received, except such
ry be of so little importance as not sensibly
lect its interest, and therefore not to merit
public notice, or unless it be authorized or justi-
fied by the previous conduct of such injured na-
tion. Neitlier of these is the case in the present
instance. No one pretends to say thai (he ag-
gressions committed on our rights ate trivial or
unimportant ; on the contrary^ ihey are admitted
to be of the post enormous kind ; and it cannot
with truth be pretended that there has been any
act on our part that could, in justice, either pro-
voke or authorize them, With this view of the
subject the first resolution was presented to the
House, in order to ascertain if there was any dif-
ference of opinion respecting the fact (hat those
edicts of the belligerents, were a violation of the
rights of this country, and ought not (o be sub-
miltedto— losee if (here was any one who would
justify them, who would tell the American peo-
ple (hat they must submit to the regulations of k
foreign Power; and also to give the nation a sol*
emn pledge that (his House was determined not
to abandon i(s best interes[s. Sir, i[ was suppos-
ed that no donbt could exist on this part of (he
subject. No one has been hardy enough to deny
tbe violations cornmitled on our rights by the
edicts of tbe belligerent Powers. No one has
denied the enormity and injustice of (hose vio-
lations, nor has it yet been asserted, on this floor,
that they were provoked or authorized by any act
on the part of this Government. Under what pre-
text, (hereiore, can gendemen refuse to resist
(hem?- Why hesiute to vote for this rssoluttonl
Why detain the House debating it for ten days?
Do they mean to justify those aegressions i to
submit (o them tamely f (o acknowledge the right
those Powers have Co give laws (o the people of
(his country? If so, let us know it ; it is high
time the public should be informed of it. Those,
however, who admit tbe proceedings of (he belli-
gerent Powers (o be violations of our rights, aa

resolution. They will not hesitate to declare (hat
(hey will not abandon the best rights of the peo-
ple, that (hey will not submit to foreign aggres-

When (his' is once determined, the question of
submission will be at rest. The resolution to re-
sist will have been taken, and the next inquiry
will be in relation (o the measures of reMstanee
most proper to be adopted. This part of the sub-
ject, as already noticed^ constituting the second
part of the report, and giving origin lo the second
and third resolutions, will come more properly in
discussion when (hose renolutioos are immediate-
ly before the House. 1 shail not, therefore, at
toia time enter'at large into the discussion of this

.yGoogIc

727

HISTORY OF CONGRESS.

H. OP B.

Popeign Retatiatu.

DSORMBi

part of the inbject^ But, ts gentlemen who bire
gone before me, bare introduced into ibis diieiu-
•ion the meaiurei pursued \yf tbe OoTernment for
•ome lime past, and have in particular attacked
the conduct of the msjority in laying the embar-
go, I shall find it neensary to notice some of their
arguments, on this pait of the subject, in order
to rescue (hat measDra from the very nnjait
odium attempted to be thrown upon ir, Oenile-
men ascribe all yotir difficuliiee and miBfortunvs
(0 the embargo; thejr say it has destroyed joqt
commerce^ Bad brought the nation to the Terge
of ruin ; that it is submiiaioa; thai you might
have considerahle trade, it' it were not lor the em>
bargo^nd that, therefore, it ought to be repealed,
4tc. By way ol' answering these a^t]meats,aiid,
in order to lay before the House as briefly as pos-
•iUe the view which I entertain of that measure,
I shall endeavor to show —

1. That it wa* not the embargo, but the Orders
in Council of Great Britain, and the deereea of
France, which destroyed your commerce, pro-
duced tne pressure ibat is now so much (complain-
ed of^ and placed this country in its present criti-
cal situation.

2. That tbe embargo was not submission to
those Powers ; that It was taking a firm and dig-
nified stand in opposition to their aggressions and
in vindication of our rights.

I shall also attempt to show, in the third place,
that when the embargo was laid any other meas-
are that could have been adopted, except war,
would have been submission lo one or both of
those Powers. And, further, in the fouhh place,
Ibat if you bad not laid the embargo, but had
CTcn submitted to those aggreasioai, the trade
you coaLd have enjoyed, subject to those res trie*
tions, would be of little or no real value in the
grrat scale of national commerce, could scarce*
ly claim any serious notice, and could not possibly
bs considered an adequate compensation for na-
tional degradation and dishonor.

With regard to the first point proposed to be
shown, thai it wasnot the embargo bat the orders
of Great Britain and decrees of France, which
destroyed your oommeree and placed the. nation
in its present critical situation, it may be necessa-
ry, in order to remove the delusion which has
prevailed on this subject, to notice tbe condition
in which those orders and drcreet had placed
nerce previous to laying the embargo.
nil waui of Bttendiog to this circumstance, the
public mind has been imposed upon. It hat been
erroneoualy represented that you could have en-
Joyed commerce to a considerable extent if it
were not for the embargo, iliai it alone bas de-
stroyed your trade, and brought the nation to the
verge of luio ; and this impression, aided by re-
peated caisiepreseotalions, lias been attempted to
be fastened on the public mind, contrary to the
real truth and state of tbe case. It is hi^h time
ibis delusion should be removed. Sir, it must
and will dissipate when the people are correctly
informed of the real source from which spring
nil the difficulties and cause of privations they
now expetience^ when thay «^ couvinoed that,

J°

in the orders of Great Britain aod decrees of |
France, is to be found the real cause of ail these i
difficulties; when they clearly perceive that iho«
orders and decrees had opened a gulf lo swallow
up all yonr comii»eree ; ibat the embargo inter-
vened as a shield and saved it from certain de-
struction, and, at the same time, saved tbe nation
from tbe bloody scenes of war: when the people
are convinced of Ibis, as they nndonbiedly will
be so soon as ibey are correctly informed on the
subject, they will then ceaseio be deluded and led
astray by mis re presentations; ihey will see the
meainre in its proper point of view, and duly ap>
preeiate the conduct of ihtir Qovernnient.

Bit, what was tbe situation of your comrDerce
when the emba^ was laid? By the orders of
Great Britain you werepiohibiiedfromgoingtoany
couotrvon iheConiiDent of Burope, except Swfr
den — the poor, barren country of Sweden, as it b
emphatically called byan English writer. to which
country you export about S56,000 worth of yont
own domestic produce. You were not pernitted
to export Ihitbet the nrodnee or manufactare of
any other country. Of course this was all the
trade left open to this country by those orders on
the Continent of Europe. If you carried on any
other trade to Europe, it must be directly with or '
through a British port. In order to show (he
correctness of this siaiement, and also to show
wbal was considered in England the operation
of those OrJers in Council, and in what condi-
tion they placed the commerce of thb country
with Europe, I will refer to the production of a
late writer of the first respee lability, whose au-
thority, for the purpose I have in view, will dm
be denied. I mean Mr. Baring's pamphlet on
the subject of these orders. In ihe 12ib page of
wbicb IS suted what was considered there as the
practical conslruciion of them.

"Alt tnde directlj irom America to every port and
oonntij of Europe at war wilh Great Britain, or from
which tba British flsg ii ezcloded, k lotslly prohibited.
In this genera! prohilntiou sifiy port of Europe, with
eicaplion at present of Sweden, la included, and no
distinction whstever is made between the domastie
produce of America, and that of the colonies re-es-
porlfd from thence."

" Tbe trade from America to the colonic* of all na-
tioiu rem&iaa unaltered by the present orJera. Amer-
tea may export the produce of Vtr own country, but
that of no other, directly to Sweden.

" With the above exception, all articles, whether of
domestic or colonial produce, exported by America to
Europe, most be landed in Ihk eonntrj, &em whence
it is intended lo permit them re-exn>rtati(m under
such regulations u may hereafier bn delennuiwL

■• By these tegulattoDB, it la nndatsleod that dntiea
ire to be imposed on all aitielea so re-exported, &c.

"Any vessel, the cargo whereof ehatl be eocompa-
lied wilh certificates of French consuk abroad of its
origin, slialJ, togetlier with tbe cargo, be liable to aei-
iie sjid condemnation," &c.
Thus, sir, we see that according to the con-
ruction given those orders, by the English them-
selves, (for ibis Mr. Baring was a member of
Parliament,) at the time tbe enibargo was laid,
yonr eommeree was prohibited from erery eoua-

.yGooglc

HISTOET OF CONGRESS.

730

Dbcehmr, 1806.

Foreign Rdatumt.

H. (

tfj on the Coiiiin«Dt or Europe, Hc«pt Sweden
(lone, poor and barrea in trade ai eheadf allied,
to which your trade, as has been observed, is of
no importnnce, being coQfiiied to your own pro-
dace, or which you send there only about the
nine or $56,000 ; an amoDDi too inconsiderable
10 deserve niBlerial uolice in tbe great scale of
American commerGe. On the oiher hand you
were, by tbe decrees of France, prohibited from
ndine to Qreat Britain, or lo any other country
acctipifd by British troops. About this time it

ii believed there were British troops in oeeu pa-
lion of Sweden ; if so, vou were loially exclu-
ded, and shut out from all Europe; [here was nol

liogleport to which yon could go with safely.
liDtjSir, it is altf^ether immaterial for iny pur-
poK, whether Sweden was occupied by Bricish
iraopgorDOt; the trade with her is not worth
laming, and would afford no sufficient induce-
ment lo keep open a comtQeree that would prob-
ably iarolve the destroccion of a hundred times
idtalue of your property under one pretext or
Other; md would also eomproroit your honor
and independence as a nation ; for if yon volun-
tarilv sorrendered alt your trade as far as forbid-
dea hj Qreat Britain and France, and continued
ibe nnall precarious scraps, if any, that they
chose to assign you, you at once acknowledged
llicir right to r^ulate your trade at their own

CItasnre, and in fact to gire laws to this country.
■ ihi) fiew of the subject be correct, and I call
on genllemen, if they deny it, to show tbe con-
trary, what trade could you have pursued or en-
jojed when the embargo was laid 1 Your trade
wiih all Europe was totally cut off, as has been
ilready shown, (that with Sweden whether per-'
Bitted or not would not sensibly affect the gen-
tnl result,) yoDr only trade that remained was
ibii with [ha colonies. Lei us inquirewhat this
Irade would he. With the British colonies you
btve DO permanent trade j she never opens the
poTti of hei colonies to your ships, except when
forced by necessity to do so. Tout whole trade,
IbeD, to the colonies would have been in domes-
tic produce only somewhit more thaa $6,000,000
vorih. This would have been all the trade you
conldeanyon; your trade with lhos« colonies
in foreign articles would cease, because you could
not procure the foreigneoods that constituted
■haibfanth of trade. When, therefore, the em-
bargo was laid, your whole commerce, amount-
iog to more than $108,000^000 of exports, was
KiMe 10 capture and confiscation, except the
null amount of somewhat more than (6,000,-
W. Wheo your trade was in this situation,
*hen those orders and decrees were about to
Wfep your commerce from the ocean, the em-
bargo was laid, and like a shield intervened and
wed it from certain destruction. Yes, sir, I
Kolure to affirm, without the haxard of a eon-
■tsdiction from any well informed merchant of
Modor, as my iDfonnatioa ia derived from the
most respectable authority, that the embargo has
nved the American people more than $100,000,-
^: ibai would, if it had not been laid, most un-
liiiibtedly have fallen into Ibe hanils of the bel-

Itgereni Power*. No man will be so wild as to
■ay that those Powers, after solemnly declaring
ifaat ihey would capture your vessels, trading to
their enemies, would, notwithstanding, refrain
from taking them if they came in their way.
There is not the lightest pretext for thi) ; there
was then no security for your commerce, but to
withdraw it from the ocean. This was done,
and it has been saved. Tbe edicts of th« bellig-
erents left no alieruatlvB with your Oovernment,
but to leave your commerce to be entirely de-
stroyed, or retain it within yoor own limits— tbe
latter was resorted to, and was rendered indis-
pensable by tbe conduct of those Powers. There
'- not, therefore, any foundation In fact for iba

the contrary is shown beyond a doubt. Yet, s ,
unfounded as this aEseriioa is, it has been indua-
trioasly circulated throughout the nation ; haa
impoaed upon and deluded many honest, well
meaning men, and aided by constant misrepra'
sentaiions, equally lunfounded, which are con-
stantly spread from one end of the Union to tb«
other by the opponents and enemies of the pre»-
ent QoTernmeai, has been made the bobby-horse
upon which they have indulged the hope for tba
last year of riding into power. In this hope,
however, they may probably be disappointed, so
soon as the people are correctly informed, the
delusion which haa been produced by misrepre*
BentaiioQ will vanish and disappear. [Mr. Sodtb-
ABD here observed, that as the gentleman who
w>* speaking appeared aomewhal exhausted, and
was not probably near the conclasiou of his re-<
marks, and it being now a late hour, he would,
with nis consent, move to adjourn, which was
agreed to.]

On the next day, [December 7,1 Mr. Cahpbsix
said when he closed the remarks which he had

Ibe view of showing that it was not the embareo
that dealroyed onr commerce, or brought on tn«
nation the presanre which is now so aeDstbly felt,
and BO mi>ch complained of. I had stated to tfa«
House, aaid be, that the orders of Oreai Britain,
and the decrees of France, were the real cause
of all the diffieultiea which are now experienced
by this country. That they, and not the embav

go, had cut r ._ _ i. i... .

rendered a I< ,

sable for its salvation from inevitable destruction.
This is a truth supported by facts that cannot be
denied ; remove the embargo, and you expose
yout trade, naked aitd defenceless, to certain de-
struciioa — the same that wotild have taketi place
if it bad not been laid. Fortunately for tbe mer-
chants, (but unfortunately it would seem for tke
Oovernment, if the misrepresentations that are
circolaied abroad should be believed,) your com-
merce' did not fee] the destructive scourge that
was prepared for it. The embargo iatervened
and saved it from the devonring jaws of ib«
great Leviathan of the ocean thai were already
open to receiva it. If the embargo had been
postponed a few weeks longer, nntil your trade

.yGoogIc

mSTORT OF CONGRESS.

H. OPR.

Foreign Relations.

Dboehbi

had felt k parttal destruction, qdiEI a few hun-
dred more of youi ships had been swept from
the oceaD, and coademned by Great Britaia aod
Fiance under their orders and decrees, your
mercbantii and the people of the Uaited Stales
generally would have beea more sensible of the
■alutary effects of this measure to saring the
property or the naiion. They would then have
been coavinced of the teal cause of the present
suspension of trade, and ascribe it to its true
source, the edicts of the belligerent Powers.
They would hare seen that nearly all their prnp-
erty on the ocean was seized ana aequeit»red or
eandemned by those Powers, aad that the resi'
due, if it had been suffered to^o out, would have
shared thesamefate. That this would have been
the case there can be no doubt. It is prored by
the fact, that of the ressels that left this country
for Europe, iharily before the embarKO, scarcely
one iiTrired«afe at their intended marbet. A fact
of the strongest kind in support of this position
is well known, and has already been stated ; that
of nine Tessels that went out of one of the East-
ern ports, imntediaiely previous to the embargo,
not one of them arrived safe at the place of des-
tination. It is a fair calculation, that if youi
commerce generally had been permitted to go on
the ocean, it would have shared the same fate.
Hence the conclusion is inevitable that Ibis mea-
sure, so far from destroying your trade, hss saved
it from certain destruction.

Entertaining; this view of the sobject, and be-
ing convinced of its correctness, I confess I have
been much astonished that it has been so often
repeated in this House, ond also in the party
prints in different parts of the country, that the
embargo has brought the nation lo the verge of
ruin ; when it is undoubtedly true, that if it had
not been laid, property to a vast amount, which
is now within the ceunlry, and in your own piM-
sesa ion, would have been captured, condemned,
and added to the resources.of your enemies. You
would have been stripped. 1 may say robbed, of
more than, one hundred millions of property, and
that would have been added to the common stock
or funds of Great Britain and France. This is
precisely the situation in which you would have
been placed by the edicts of the belligerenia, if
(he embargo had not been laid. Will gentlemen
■ay that this would be a more desirable situation
than you are in al present t Will thev say (hat
your own people being deprived of tneir prop-'
erty, while it is thrown into the hands of their
enemies, would render their coaditioa more eligi-
ble, relieve their distresses, or add to the money in
your Treasury *? Is it belter, sir, tbai Great Brit-
ain should have the greater part of yoHiTesselsand
merchandise, and a great proportion of your sea-
men, and make use of them against you, when-
ever the oc<:asion should occur, than that they
should remain in the country in your own pos-
session, and add to the resources of the nation 1
There can be no doubt on this subject i no one

for (his country (ha( your produce ihoold even

T0( in your warehouses, than it should be enjoyed

by your enemies, and used by them for your de-
struction 1 The people of America cannot enter-
tain a doubt on ihis point. If they know what is
the fact, that there waa no alternative but either
to leave i( in their warehouses to rot, or throw it
into the hands of their enemies, they would not
he«itate to say with one voice, " we will suffer it
' to moulder and rot in our warehouses rather than
' supply our enemies with it to our own destruc-
'(ion." This is the precise qaeslion which was
presented when the embargo was laid, and which
IS still to be decided. That those Powers would
bare captured all your property which they could
find upon the ocean conoot be doubled Djr any
one who has attended to ihetr conduct, ana is ia
any degree acquainted with their proceedings.

It may not be improper here to notice soma
particular instances in the conduct of those Pow-
ers oa this occoiioQ, in order tu ascertain whe-
ther we had anything to expect from their friend-
ship or justice^ whether on (he contrary they did
not seem to prepare deliberate plans to entrap and
destroy your commerce.

It will be recollected that Great Britain, in the
famous note of reservation, which was anneied
to Monroe's Treaty (so often noticed here) laietr
rejected by our Goveroment, expressly stated,
that " if^however, the enemy should carry these
' threats (meaning the Berlin decree) into execu-
' tion, and if neutral naliona (contrary to all es-
' pectation) should acquiesce in. such usurpation,
' His Majesty might probably be compelled, how
' ever reluctantly, to retaliate in his just defence,
' and to adopt, in regard to the commerce of neu-
' tral nations with his enemies, the same measures
'which those nations shall have permitted to be
' enforced against their commerce with his sub-
'jecls." From this it appears that the two re-
quisites necessary in the opinion of (he British
Ministry themselves to justify retaliation, are the
execution of the de>iree and the acquiescence of
neutral nations in such execution. This note was
calculated to lull into secuiity the people of Ame-
rica, and induce them to believe there was no
danger to be apprehended from Great Britain, un-
less Prance should carry her decrees into execu-
tion, and there should also be ati acquiescence on
the part of this country. But what was the re-
sult 1 After this public declaration, without wai^
ing to ascertain either nf these facts, without
knowing whether France would execute her de-
cree, or the United Staiei acquiesce therein—
nay, in less than eight days after such declara-
tion Great Britain issued her retaliating orders
of the 7th January, 1807, which, contrary to the
acknowledsed law of nations, and in direct vio-
lation of the note that had been officially com-
municated, declared as good prize vessels of the
United States sailing from the ports of one bel-
ligerent to a port of another belligerent. This
was spreading a net, in which would probably be
taken a great part of your ci

In the next place, a Miniiiter Eitraordiniry,
Mr. Rose, was sent lo this country, to adjust ez-

.yGooglc

HISTORY OF CONGRESS.

Decbmbbh, 1808.

H. OP R.

istiflg di&erenees between tbe (wo aationi ; it
was aonouDced that he was [he messeoffeT of
peace ; this waa ftlso calculaled to quiet (be ap-
preheosions of your people, (o lull iaio security
the couDcils of your natioQ. and produce an im-
ptessiou that Dolhing hostile or unfriendlf was
mtended by that GoTerDment. He gave you do
iDforinatiOQ respecting the eziftence or iDleoded
publication of any orders riotatiog your com-
merce j ntark the result. At the very time he
Kl Encland, those Orders in Council of the lllh
NoTemoer, 1807, had iuued, and aoother scheme
was thereby laid, mora deep aod mUch more ez-
teosiTe tbau the former, to sweep the whole of
your commerce from ihe oc^an, and put an end
at once to all rivalship of British trade by that of
America. Can the object of ibis measure be rais-
takcD or misnndersiood? Will geoileraen close
their eyes agaiast the strongest proof? Tbis Min-
ister Extraordiuaiy did not mention those order*
to your GoTeromeot; he did not even know of
their existence, as was pretended ; yet ihey had
actually istued before he left that country. A
fact may be meotioned here, which I have re-
ceived from sDch authority as induces ne to be-
lieve it, that may throw some light on tbis sub-
ject, and show the effects it was there expected
the measure would have. Bets were offered in
England immediately after Ihoie orders issued,
that in a few months the United States would
not posses* one hundred merchant vessels; so
confident they were that their plan was so well
laid, that they wonld sweep from the ocean the
whole commerce of the United States! And it
was not so importanl to Great Britain, whether
this tras effected by herself or by France, go as
it was done. Her great object was to destroy
your commercial importance; if she effected that,
she gained ihe great point she had in view.
Again, it to happened, loai in some parts of this
eouDiry there was a great outcry made against
the embargo; misrepresentations were numerou*,
and industriously circulated, (principally by the
enemies of this country and the friends of £ng-
tand,) and its pressure on the people was eiss-
gerated, and its evils highly colored, beyond all
reason, and without the least r^ard to truth.
These misrepresentations and false coloring of
facts reached England, and there probably gamed
some credit. Thai Qovernment was induced to
believe tfaat when Congress met. tttey must and
would remove the embargo, "fhe session had
hardly opened, the members had scarcely taken
their seats, when this great Leviathan of the
ocean, hungry for the prey, of which she had
been deprived by the embargo, again opened h^
avaricious jaws to engulf your defencetess com-
merce the moment it floated upon the seas. But
unfortunately for her, (though fortunately for
your own merchants,) she was again disappoint-
ed. She had declared the French West India
islands in « state of blockade about the time the
session commenced, in order (o be prepared, io
case the embargo was removed, to seize and de-
stroy your trade whenever it was commiiied to
the ocean ; and had your embargo been lakenvff,

a:

ihip which would have left this country

. undoubtedly, onder one pretext or other,
fallen a prey to British cruisers. These are
Loree honorable instances of British consistency,
friendship, and candor. I have thought proper
to notice them to 'the House, to show that we
have nothing to hope from the friendship of
Qreat Britain, who has now the entire command
of the seat. That, so far from having aor dispo-
sition to favor us, she has deliberately laid one
plan after another to seize your vessels and de<
sitoy your trade; so that if yonr commerce had
been permitted to go out, it would most undoubt-
edly have been annihilated. Further, sir, expe-
rience bas proved Chat almost the whole of the
vessels that went out about that lime, and sfaortiv
before, have either been seized and oondemneo,
or made to pay tribute by Great Britain, or se-
questered, or condemned by France. If your
trade had generally gone out, it must, therefore,
all have shared the same fate. And yet, sir, yoa
are told (hat, by laying the embargo, and saving
your commerce from certain destruction, you
have broutfbl this country to the verge of ruin.

From (his view of the subject I feel myself au-
thorized to say, that the embargo when it vrtii
laid, was not only a wise and proper, but also a
fortunate measure. This has been proved by
events which afterwards took place, that could
not have been foreseen, in their full extent, or in
all the points of view in which they afterwards
presented themselves. The result has shown it
(0 have been more important, as well as more
fortunate, than it could fairly have been estimated
at the time it was imposed. How long it may be
proper to persevere in the embariro, in preference
to war, is a question of quitea different nature; a -
question which I do not intend at this time to in-
vestigate. But, sir, if gentlemen consider the em-
baigo, aided by a aon-intercourse lawas proposed,
inefficient and (Oo weak a measure, the commit-
tee, whose report is now under consideration, ha*
presented to the House another alternative — war.
If gentlemen prefer this course, and are willing
to adopt it, let them come forward and say so;
we have not said that we will not join them in it ;
we have not said Ibat we will not go every length
to vindicate the injured rights of our country.
Letthe gentlemen therefore declare to the nation
ibe ground they are willing to take to resist tg'
gressions.

I propose to show (hat the embai^, when laid,
was not submission to those Fowers,(ai has been
asserted and often repeated ;) thai it was taking a
Grm aod dignified ground in opposition to their ag-
gressions and in vindication of our rights.

Nothing could give the least appearance of
plausibility to ihe asseriioo, that (he embargo was
submission, but the situation in which we were
placed, in regard to the two great belligerent
Powers, who were at war with each other, ren-
dering it necessary that we should resist both at
at the same time. When the measore is consid-
ered, as it certainly ought to be, as applied to
each of them separately and distinctly ; and aa
if adopted and operating first against one alone,

.yGoogIc

736

HISTORY OF OONGRBSS

736

H. or R.

Foreign Selatumg.

DBomRiB, 1808.

in contequence of its conduct towirdi ua, and
then sgaiUBi the other in like tDannet; ili true
character will be roaDJreited, and no donbt eao
exist on the lubject. First, then, r« it regard*
Fraoc*! by her decrees she deeUrn, you ibHil
not trade lo Qreai Britain or any of her dcpen-
deocies. To lesiit tbii aggreMion on oar ri^htv,
we nay to France, " you hare violated our lawfal
commerce, we will therefore ihut up our porta as
10 you. If you do not permit us to iraJt with
other Dstiont on fair terms, we will not trade
vllh you at all; we will keep oar eoramerce ai
borne, and abow yoa and tbe world, that we can
do belter without your maaufaclurei, thaa yoa
can sulwitE without our produce, ao esacntial to
your aopporl." Surely, iir. Ibia cannot be called
■ubmiiuion to Franoe — and althongh not a hos-
tile measure, it is a measure of Srm and decided
resistance. In the first place you save your own
irtide from tbreatened destruction, you deprire
her of supplies, and the adrantages sbe derived
from your commerce^ and next you say to her,
'' allhougb we bave not as larc[e a navy, or as many
soldiers to ftgbt at you have, yet ws will be in-
dependcDt ; we will remain witbin our own lim-
its, live on our own productions, and protect our
own soil; we will not hold intercourse with you
00 your own terms, nor submit to go to those
ports only wbicb you point out, and to no others."
On the other hand, apply tbe measure to Qreat
Britain. She, by her Orders in Council, bas de-
clared *' you shall not trade with France or with
any of her dependencies," that is, " you shall not
sail 10 a siogie port on the Continent of Kurope,
(except perjiapa ibose of Sweden,) if yon do, my
cruisers are aulborized lo seize you and carry you
into my porta, Where yoa shall either be condem-
ned, or made to pay a tribute, a heaty tax for li-
Mnse to go, where yoU will most undoubtedljr
be condemned for baTingsucI) license." To tbia
outrageous aggression on their best rights, the
United Slates have said — in the first plaes, " we
will cut ofi* our export trade from you altogether ;
if you do not suffer us to trade with other nations
on fair terms, vewiil not trade with you at all.
We know we have not a navy to protest our com-
merce against your thousand shins of war, upon
the ocean ; we will iberefore withdraw our eom-
meree from that element, and retain it within our
owp limits; you shall not receive anppliea from
us, or be furoisfaed wilb our pVoduce. We will,
in the next place, cut off all intercourse wiih yon,
until you agree lo do us justice; yon will feel
much more sensibly the loss of our trade, than
we shall ihe lorn of your custom." This sir, is not
submission. It is a firm and manly resislanee
tbongh not of a hostile naiare, and the only mea-
iore ibal could at the time have been adopted
consistent with the honor and inlpreat of the na-
tion. We do not pretend to bare as many ships
of war aa Great Britain, to proiecl our commerce
OB the ocean ; we do nol wish to hare them ;
such an esiabtishment would be inconMsieni with
the genius of our QoTernment; but we do know
tiiat our produce, being the necesaaries of life, is
mttcb more imponant to her than hv gaudy fa-

brics are to us; that the balance of her trade with
ua is nearly iweniy millions annually in her favor ;
that we receive of her manufactures annually,
about twelve millions sterling, nearly eqnal to
sixty millions of dollars, being about one-ihird of
her whole etports ; and knowing these facts, we
must know, that by a suspension of onr commerce
wiih her, she must be a loser in proportion to the
advaniafresshe usually derived from it. We have
a right fairly lo conclude thai a nation will do
what is best for her owO interest, and what will
moBi promote the benefit of her people. If Great
Britain is blind to, and regardless of the best in-
liresls of her people, it is no proof that our mea-
snresBTe ootcorreei.or that they were not ifaebest
for ibis country that could at Ihe time have been
adopted.

It is however said, sir, that (hie measure is as
abandonment of eommerce. I do not profess to
have any practical knowledge in commercial mat-
ters, but I apprehend it will not be difficult to show,
without much of such knowledge, that this as-
sertion is totally fallaciousand unfounded. That,
on the contrary, ibe measures pursued by Govem-
meni have been taken in support of Ihe commer-
cial rights of this country, and are persevered is
to maintain the same nnimpaired. What occa-
sioned the passage of the no n-im porta tion act ?
The nnmerons peiiitoas of your mercbants, com-

Elaining of aggressions committed on your trade
y Great Britain, and violations of your nenlral
rights on the ocean. They alone complained in
this ease — and they were prireipally interested.
The Government attended lo their com plain is —
a siand was made in favor of commerce — a step
was taken to maintain and vindicate the mercan-
tile interest of the nation. The measure taben
pledged the Government at once to support those
commercial and neutral rights which we claimed
ai an independent nation. Was this abandoning
commerce? It was nol, sir. Again, who were
likely to tufier most by the orders of Great Brit-
ain and (be decrees of Franeel Certainly the
merchanis, whose properly was exposed la ruin,
almost inevitable. Ilis trnelbeolherolasseeofsfr'
cieiy would feet the effects of those foreign a^
gressions sensibly ; bni it would only be throngh
tbe merchants, who would suffer first and mott
materially. This produced tbe embai^o, in order
losaveihepropertyof your merchants, and raaio-
lain nnimpaired tbe commercial rights of the
couniry. In ibis insianee the nation gaTeknother
pledge not to suffer ibose rights to be encroach-
ed npon, nod hazarded all the conseqoences of
throwing back as it Were on the hands of the far-
mers their produce, lo remain dormant, or be sold
for very low prices— of having ihe sources from
which their revenue was chiefly derived, in a
great deeree dried up, ralher than see thoite right*
tram plea npon and Ine vital principles of the mer-
cantile interest openly violated ; and yet we are
told that in all ibis we are abandoning commerce.
It is scereely possible in believe, ibal gentlemen
wbohaveany tolerable knowledge of the lubstan-
tial and real interests of commerce in a national
point ef view, can be Bwlona in making those oa-

.yGoogIc

HISTORY OF CONGRESS.

738

Dkikbbr, 1808.

Fitrtign Relationt.

H. or R.

sertions — or, if they are, they muit be blinded hj
prejudice or deluded by mistaken viewa of the
subject. What would be theeoDsequeucesorpur-
aaiiig yoni trade uoder the TesirictioDs imposed
upon it by foreign Powers 1 It would be ac-
koowledging the fish.t those Powenbad to regu-
late and circumacrilie your commerce at pleasure
— to cat it up by piece-meal, ualil you were strip'
ped of the whole of it. 1 say, sir, ihis would be
abaodoDiDc commerce, and they must be totally
igaorsut of tbe {real ptiuciples of Datiooal com-
merce, or inimlcat to lliem, who wiib to parsae
this course. Yet, tii, il is Ibe course iasibted upoa
by those who preleud to be the advocates of com-
merce. Tbey say, alihough Great Britain has
cut oflTyour trade wilb France a,nd tbe Cootiaeut,
and France has interdicted your trade to Great
Britain, there is still sorae trade left, which you
miffbt eajoy. This would be submittlnE to the
rigBt which Great Britain and Fraace claim, to
fix the precise places to which we shall be permit-
ted to EO. You agree not to ffo to France because
Great Britaiu has so required. You do not go to
Great Britain because France baa so directed —
btit yoa go to some of the islands because both
hare petmiited it. This would be Bubmission to
both those Powers, aud that of the meanest kind ;
aod it would alsobesurretideringatoncetbe rilal
principles of the great commercial interests of

this

in try.

ely to il

terdict it, will it not soon be wholly deslroyed 1
For tbey oa re as good a rigbt to cut off our trade
with the whole world, as with that pan of it
from which ihey have already iolerdicced jt.
There can be no difference. The Governmenl
of this country has considered our commercial
tights aa foFmiog our whole or aggregate sys-
tem, which, as a free oation, we ImiI a right to
enjoy ; and have determined not to surrender any
part of these rights— not lo suffer any encroach-
ments Upoa them, to rally round and maintain
them unimpaited, to enjoy the whole as a free
people, or not enjor tbem at all. For there is no
grouna upon which you could surrender any part
of those rights that would not equally justify ibe
sorreoder of the whole. In ibis view I under-
(taod this subject; and those who oppose the
present measure, must be considered ss willing
to surrender a portion of those rights — to submit
lo foreign aggressions — in order lo be permitted to
pursue tbe scanty trade that may be Left them at
the pleasure of thoae Powers. Tbis ought to be
known. The people should be informed ibai in
tbis way a portion of their best rights is pro-
posed to be surrendered, and probably forever
abandoned. I am not, sir, for giving up any por-
tion of our rights — I am not for abandoning com-
merce — I consider the measures ve have adopted
a staod made in support of commerce. I am not
for retracing our steps; if we must move, I am
for advancing-. So fat as commerce is consist-
ent wilb the great interests of agriculture, so far
I am willing to go iu support oi it ; but when it
ii attempted to oppress or sacrifice the agricaliu-
10th Cos. 2(1 Sess.— 24

ral interest of the whole country, in order to ex-
tend commerce beyond its natural bounds, or
when those two interests come io collisioo, the
one with the other, I shall consider it my duty
to support tbe interests of agriculture in opposi-
tion to that of commerce. It may be proper here
to remark, that there is not the slightest pretext
for the allegaiioQ ibat we are about to pursue a
Chinese policy, or that the embargo is to be per-
petual. The^e are the mere chimeras of a fever-
ish imagination, or the alarm-cries of those whose
cODstaoi endeavor has been to misrepresant in or-
der to mislead the ooblic mind. The committee
have presented to the Hoose Lwo Bllernatives, the
one is a continuation of tbe suspension of com-
merce for a season, ihe other is war. If the time
has not vet arrived to resort to tbe last aiietna-
tif e to obtain justice, persevere for a time io the
embargo; but if you do, strengthen its lies, and
execute its provisions, and do not permit a few of
the most corrupt and degenerate individuals in
society to enrich themaervea at tbe expense not
only of the honest part of the community, but of
the dearest and best rights of the nation.

I come now to show ic tbe third place, that
any other coarse which could have been pursued
when the embargo was laid, would be war or
submission. If you atcemptaid to trade to those
places fi%m which you were prohibited by tbe
edicts of the belligereols, you came in direct col-
lision with them; your vessels were of course
captured and condemned, and this must produce
war. If you traded to those places only lo which
you were permitted to go by those edicts, (the
only remaming course ibat could be pursued,) it
was submission to both those Powers. Many of
the remarks already made in showing ibal tbe
embargo was not submission, are applicable to
ibis point, and sufficiently support itj a few ad-
ditional observations only will be made. Sup-
pose you were to pursue such trade as was left
unrestricted by those edicts, what would be its
lixient, and what its character? You were totally
excluded from Europe, as already shown, except
that vou might possibly carry your own produce,
hut that of no other country, to Sweden, amount-
ing as already stated only to about fifty-six thou-
sand dollars, and this very doubtful. But sup-
pose you were suffered to go there unmolested,
what woold, what ought the world to tay of your
conduct *? That you were the submissive, humble
slave of Great Britain and France; that you
obeyed their edicts, and submitted to trade lo the
precise country to which they permitted you, and
surrendered up all the rest of your commerce at
their pleasure. Each of those Powers may, with
equal justice, prevent you from exercising any
other of your rights appertaining to a free people,
as to say, that you shall not trade with certain
porta or places not under its control. In going
to that precise place lo which tbey permit you,
and to no other, you submit to both, and vou ac-
knowledge their right lo give you laws. Yet this
is the only course proposed to be pursued by those
gentlemen, and it would reduce the nation to a
state of foreign vassalage. Gentlemen have aaid

.yGoogIc

739

mSTORY OP CONGKESS.

740

Fortign Jtelationi.

DCCEMBGR, 1808.

that tbe West India islands are not (neluJed in
those edicts, and ihai you migbi carrv on a com-
merce with ibem. This trade, sir, mli under lil
the objections just staled, aod would be pursuing
as humble a course as Cradins to Sweden alone.
But w bat is the situation of this trade to tbe
islands T Oreal Britain does not permit any reg-
ular trade with her West India colouies ; you are
never suffered to go there, except when she is
forced by necessity, by scarcity, to open her ports
for your produce, and then it is under such restric-
tions that bet own merchaois derive the greater
part of tbe benefits from tbe trade. Tbe Britiih
orders, accordinr to their general tenor, include
the other West India islands, but His Majesty, as
a msiler of faror, is gracioupty pleased to per-
mit you for tbe present to carry on your trade
with them. This is annouoced officially to your
Ooveroment by Mr. Erskine, in the same note
by which be commonicated those orders. There
it is staled expressly that His Majesty might
justly exclude vou from all the colonies of Prance
and Aer allies, but that through favor, as a mat-
ter of mere grace, your trade to them was left
open. He would not press too severely on you at
once, lest the spirit of the nation might be roused
into iodlgnaiioD, and they should determine to
avenge at once those aggressions and insults;
(and it is hoped the day of reiribuiicA may uoi
be far distant.) He chose, in order to'soften the
measure, to' suffer this small portion of your
trade, not exceeding seven millions of dollars, as
■hall be shown hereafter, to be carried on, but
under his express permission, which he might
withdraw at pleasure. This is the trade which
the nation has been told might still be pursued ;
and these are the terms on waieb it would be en-
joyed. Is there, sir, ■ soul that warms an Amer-
ican breast so degraded as to he willlag to accept
of such a boon upon such conditions? I had sup-
posed there was not? I had supposed that every
American would recoil with indignation from
such a proposition; but in this I was mittaken.
-A proposition made by a gentleman from Massa-
chusetts, (Mr. Livebhobe,) during the last ses-
sion, had for its object expressly to pursue such
part of your commerce as Great Britain bad as-
signed you, by her orders, and no more, and to
relinquish all she had prohibited.

A gentleman from Maryland, (Mr. Key,) in a
long speech, recommended, and strongly advo-
cated the same measure in subitaoee. He told
you your fish would be carried to one market,
and your prodnce to another, to a considerable
amount, without being exposed to danger from
those edicts ; and bow did this appear 1 Because
Great Britain had permitted you to go to those
places, he would therefore carry on so much com-
merce as she was pleased to permit, and by which
she might conceive herself likely to be benefited,
and abandon the rest. If His Majesty, George
tbe Third, had an advocate on this floor, whose
business it was to carry into efl'ect his Orders in
Council, he could have proposed no measure
more effectual for that purpose than this would
h&Te been. Nothing could more completely »• ,

ecute those orJers, than conSning your trade to
those ports, and within the precise circle which
these orders prescribe. It is acknowledging, what
I am told, some British agents and advocates in
this country avow, that Great Britain has con-
quered the ocean, and has therefore a right (o
regulate commerce upon it as she pleases. We
have been told something about porsuing a Chi-
nese policy; but I venture to affirm that this
wootd be the most effectual mode to destroy your
foreign commerce, aod establish this kind of pol-
icy. If you acknowledge the supremacy of Great
Britain, the right she has to limit, circumscribe,
and regulate your commerce, when, and how she

SI eases, you at once sap the vital principles of
ireign commerce, and necessarily lay the foun-
datioo for a Chinese policy. If, to-day, she enu
off all your trade, except to the West [ndia
islands, in a few days, months, or years, she may
on the same principle cut you off from ttiem also.
This might probably open [he eyes of those who
are most deeply interested in commerce; and 1
cannot help feeling the strongest conviction, that
if the merchants in the Eastern Slates saw this
subject in its true light, they would be amongst
the first to support at every hazard tbe measures
already adopted and proposed. They are de^ly
interested in preserving unimpaired foreign com-
merce in its full extent. In the bold and daring
violations of it by those orders and decrees, they
must see a fatal blow aimed at its vital princi'
pies; which, if submitted to, maybe repealed,
and finally complete its total destruction. Tbey
are therefore now seriously called upon to de-
termine whether, in order to avoid this catas-
trophe, and maintain unimpaired the great prin-
ciples of national commerce, they will not rally
round their Government, who have put every-
thing to hazard for this important object, and
support not only the em barso and non-intercourse,
so long as the tame are inought proper and ne-
cesjary, but also war with all its calamities,
should that be the result. If they do ant act
thus, through whatever delusion it may be, they
will most certainly repent when they are unde-
ceived, for (hey must and will be convinced, in a
short time, that the real objects of those meas-
ures, and of the Government in adopting thein,
were, and still are, the protection of national
commerce ; and that the effects of the course pro-
posed by the opposition party would be to sap its
very foundations, to endanger its existence, to
surrender the fairest portions of it to Great Brit-
ain, and fritter it away to a mere elceleton — a
name without substance. If gentlemen interested
in commerce will persevere in this course, let
them beware of, and be prepared to abide by, the
consequences.

I come now to show, as I proposed, in the
fourth place, that if you even sabmilted to carry
on the mi^etable pittance of commerce that was
left fou, and which could be enjoyed if the em-
bargo had not been laid, it would only amotint to
a mere trifle, not sufficient to merit any serious
notice, and could not be considered as any com-
penntlou for national degradation and dishonor.

.yGoogIc

741

HISTORY OF CONGRESS.

DlCEMBER, 1

Fortign Relationi.

It from the continent of Europe,
a again four trade to Sweden ;
she is now a mere ipeck in the political lioiizoo,
and Bcaicrl^f known in the political world. The
conditions upon wbich fon would obtaia permis-
sion to trade to aaj other place on tbe Coniineni,
are too degrading to be passed in Teriev here.
I will Dot go through the odious task, for the pur-
pose of exciting your indignation, of repeating
ibe tribute or tax imposed on yonr comtnerce,
and even on your own produce id British ports,,
in order to obtain a license to carry it elsewnere;
1 will not rouse indigDanl feelings, by telling the
people of this country ihat Ihey may aend their
eoltoQ to the ContLOent, by carry ing it Gr«t to
Qreat Britain, and there paying a duty of 17 cts.
per lb. on it, and receirins a license, as a badge
of Taualage to Qeorge III, which would certain-
ly procure its condemnation at any port on the
Continent to wbich it could so. Nor will 1 en-
ter into a calcalation of tbe duty to be paid on
that portion of your produce conaumed in Great
Britain, af^er it is forced into her porta ; neither
ituiUI pursue (he regulations by which you are
compelled to take your cotton and other articles
oat of the warehouse* for the purpose of home
eoDsnmplioD on pnyment of d^uties, unless export-
ed within fifteen locnths after you hare been com-
pelled to carry them there by their cruisers; and
Jit case yoar cotton will not viell for a sufficient
price to pay the charges and duties, yon are gra-
ciously permitted to born or otherwise destroy it,
ia order to avoid paying duties. These odious
impositions need not be announced to the Aroeri-
caa people, to rouse resentment already sufScienl-
ly excited ; but in order to show what trade you
coald pursue, !^ubj eel to those bumiliaiing restric-
tions of the belligerents already mentioned, I hare
made oat, though -with some reluctance, as 1 do
sot eoDceive the ^aestion before you to depend on
calculations, a brief statement of your commerce
with those countries and places to which vou
were permitted to go. This statement, taken
from official document& will present the House
with the amount of trade during the last year,
ending tbe 30th of September 1807, to the respect-
iTe conotries and places to which which we wer-
permiited to go by tbe orders of Qreat Britaii
and were not prevented from going by '.he di
crers of France.
A liatement of tht counirie*, and value of domettic

produce exporttd.
TuAey, BubuT, Africa, China, South

•eaa, and NorOiweBt coast ofAmerica - $4eO,!eS
Not interdicted by France, and permit-
ted by Great Briton:
Spanuh colonies - • . . - 8,817,344

French colonies 3,046,703

Datt&Eart Indie* 79,880

If we shotild add to these the coUmie*
of Sweden and Fortngal, thooKh they
wmU, most probaUj, be conaidersd as
Rilgect to thoae edict*, the amonnt would

96,4S4,373

¥7,411,086
66,187
■ $7,487,27S

n million a

e hundred and
Dount of yonr
This, sir, is a
»niroTerted by

The amount wilt be

The whole trade, therefore, tbat could be pur-
sued by tbe special permission of Great Britain,
Lod not interdicted by France, when the embargo
ras laid, would be less than seven million and a
half of dollars, out of more than on '
eight and one-third millions, the a:
foreign trade for the same year.

correct statement, and cannot be c ,

■ utbeniic documents; and it will show how
:ious the statements were, which a gentleman
from Maryland (Mr. Key) made at the close of
'- ~t session, and which were calculated to impose
the public mind. I know, sir, we exported dur-
ing the period mentioned, lo the lame countries,
gn produce and manufactures to the amonnt
bout sixteen millions and a half of dollars;
bis cannot be included in the commerce we
could pursue ; because we could not procure the
articles which constituied this branch of our ex-
ports, being prohibited from going to those couit-
'"■ where they could be obtained. It is proper
i also tn remark, that your imports from the
LB countries are less than your exports, which
be shown from the most correct ioformatioa
the subject. But, whatever they may have
been, they must in such case depend entirely on
exports, as they would depend on the means
you had to pay for them. We could not, there-
fore, export from tfiose countries more than they
'red from us, because we would not possess
neans to pay for such overplus. This leaves
^timaie precisely as already slated, and con-
Ihe amount of commerce you could pursue
to thCEum beforestated, of about seven andah^f
millions, out of one hundred and eight and one-
third millions of dollars, the amount of your law-
ful commerce. And this paltry, in considerable
poaion of your trade, which would be entirely
confined to a few particular Stales of the Union,
you are seriously called upon to pursue, at the
expense of, and to accept as the price for, national
degradation and dishonor; audit has also been
used as tbe stalking-horse to divert the public
mind fwhich would always decide correctly, if
property informed) from the real situation in
which their commerce was placed by the con-
duet of tbe belligerent Powers. And we are now
told, because we did not sell our honor, our inde-
pendence, our binh-right, for this petty morse) of
(commercial) bread, we have brought tbe nation
to the verge of ruin.

But some gentlemen have raid, there are coun-
tries which have not passed any order* or decrees
violating your lawful commerce, you onght to
force a trade with them, notwithstanding you
.are prohibited from going to them by edicts of
the belligocnts. This ia tke only oibet propo-

.yGoogle

743

HISTORY OP CONGRESS.

H-ofR.

I^rtign PdalWM.

DSOEMBEB, 1808.

■ition BOgsesied of opeaiDg a trade, ani, it Srst
view, possesses ■omepUusibitil]'. Theobjecitoos
lalhis coarse, however, sre iDaurm odd (able, U
u not pretended such trade could be pursued
witboui arming. If you arm yoQr merchant Tet-
kLs, with aulhorilf to capture, it is immediale
mr wiib the belli geren Li. If you arm (bem only
for defence, you expose ibem to altnost certain
destruclioD, without the chance lo reimburse the
loM by relaliating on their enemies. For they
would not^enerinly be attacked except by ves-,
•els of superior force, to whicti their resistance
would be laeffectual — and they would not be au-
thorized to attack in their turn, aod by way ol
rf taiiaiioD, reiaela of inferior force. This would,
therefore, lead directly to a war of depredation
on your commerce, in which it would be exposed
to ioeviiable ruin, and in which your merchant*
wonld certainly have ercrythingio lose and do-
thing to gain.

" " -n were to pursue this trade in

~ insuperable objections, its
inconsiderable as to afford
ibie relief; it would not claim
)□, and could in do point of
as any compensatioD for the

suppose }
«pposiiion to tnoM
■mount would be s
the country no w
the public attei
' Tiew be oonsiden

oU

IS and preda

hazard you would
tory war, I have made another
from aulheotic sources, to show the value of this
trade to the respective countries, thai had not, on
the 22d Deceonber, 1807, passed edicts violating
otir commerce. This statement relates to the ex-
ports of the year ending the 30th Sepieiiiber, 1807.

DOHBSTIC PBODDCE.
Cmintritt,

Russia

Sweden _...-.
Colouie* of Sweden - • - -
Fortuf^l ......

Colonies of Portugal - - i -
Turkey and Barbary - - - -

African weaietn coast - - - -

China

South Sea and Northwest coast of
America

In all

»78,850
56.157
41Q.509
82S,313
570,303
12,878
369,724
74,022

14,162

- 2,433 918

These are all the countries which, at the lime
the embargo was laid, had not passed orders or de-
crees violating your lawful commerce, and with
which you had carried on any trade. Hamburg
and Germanyare not mentioned, being in posses-
■ton of France. The whole amount of the com-
merce that could be carried on with those coun-
tries, therefore, ia as stated less than two millions
aDdahairofdollars. For iimusi becon6ned toihe
exports of your own produce. I know there has
been exported to the same countries, of foreign
produce,during the same period, about 83,361,017.
But (his amount cannot be taken into the calcu-
lation, for the reason already given relative to ilie
former statement, ibal we could not obtain the
foreign goods which used to supply this braiich

loKign goods which used to supply this bra
of trade. It is alao to be remarked here that

our

'K

imports would be governed by ou exports, and
would exceed tbem for want of means to pay for
the surplus. But some geotlemeo have lately
,Mid you can now go on the same terms to Spain
and her colonies. There ii no sufficient ground
to believe that the ports of Spain are open to us;
so far as she is controlled by France, her fortner
decrees are still in force, and so far as she is gov-
erned by the iiew Order that has lately ariaea
there, the Juntas, we have no assurance whatsTet
from ibew on (he subject; and what is still raore
important, our vessels sequestered in their ports
have not yet been released. But suppose yon
could now go to Spain and her countries, your
exports to them in domestic produce ere short of
four millions of dollars; so that the whole trade
you could pursue even at this time on the most
extended plan proposed, and at the hazard of
Gghtins the navy and privateer* of Great Britain,
as weiras those of France, would be less tban
six and a half millioa^ of dollars; which cct-
teinly would not, even if we were to be guided by
raercenary viewa — which I hope will oever con-
trol the councils of this nation, when its best in-
terests and rights are at slake — he any adequate
object for national humility and disgrace, or even
for the danger to which you would expose your
commerce, of becoming a sure and easy prey to
the cruisers of both thote Powers.

But it is difficult to comprehend what precise
object gentlemen have in view, on the subject of
arming for defence. No specific propositioo ba* |
.been brought forward for armisg your merchant
vesseta, that designated what gentlemen meaoi
byihe ierm,ar what authority they conlempUied
giving them. Tosend out your commerce with-
out arming, would be sabmiisioo of the meaaeat
and most humble kind. If you permit them to
arm, what is ihe conscquenoal If ihey are au-
thorized (o capture veaseli belonging to the bellig-
ereniB, this is war at once, and ought lo be uadet-
siood ; and if gentlemen are serions in the dela-
minaiion to go to war, let them say so, and we
may probably join them. But if you dp bm au-
thorize your merchantmen to eai^Qre, you sead
out your commeroe to beeeme a prey to both
Great Britain and France, you expoee your mer-
chants to be plundered without a chance to retal-
iate. This would result in the destruction of
e, and would be almost as degraii-
)n as unconditiooal submission,
have presented those siatetnents which I have
made, in relation to the amount of commerce
that could be enjoyed according to any plan sug-
gested, and the probable result of pursuing any
such commerce, not so much with the expectation
of being able to give the House much new infor-
mation, as with the view to correct misreprcseot-
Btioos which have been made on this floor, and
have gone abroad on this subject. I shall com-
press the additional Temarka I have to make
within as narrow a aompaos as may be in my
power. It was observed in regard to the em-
bargo, that it has been approved of by France,
and not complained of by Great Britain. Tbi*
i* a question which I feel no dispoailioo to exaia-

.yGoogIc

745

HISTORY OP CONGRESS.

Decbiikb, 1808.

Fortign Relationr.

H.OPR.

ine ID this place. Whether this aBsertioa be eor
Kct or not, I sliould presume could not aSecl (h«
deeiiion of the questiOQ before fou. If it be cor-
rect, howefer, if those Powers are tatisfied wilb
the embargo, it pcorei bejrond a doubt that those
who aDDOUDced it aa a war measure last year
were totally miitaken, and that all their objec-
lioiis to it on that srouod (and that was the prin-
«ipal ground on which it was then opposed) were
altogether unfounded; this it would Keem might
ailence them on this subject. But it may be pro-
per to obsetTc that those Powers hare do right to
object to it, however hard it may press upon ihem.
It is a municipal regulalioD, a measure we hare
ai> undoubted right to adopt, without being eon-
aideredjusi cause of complaint to any foreign na-
tion. But, sir, so far as regards the fact as slated,
I am not disposed to beliere it ; there is do sub-
•taniial proof to support it. Tbebest ioformatiou
showa the embargo bas made a reiy serious int'

EeasioD OD the people of Great Britain, and has
id a powerful effect there, though it may ooi
Lbtc produced the desired resntl. Facts speak a
BtTonger laognage than anything in official letters
ffom Secretaries, or anooanced in oewspapcrs.
Tbe insarreeliona of the starving mechanics, the
ktgh price of provisioDa, the alarms (hrough-
oul that whole country oo account of appre-
hended famine, are strong proofs of the operation
of the embargo. But if it did not produce the
efiecia in that country which might haie been
expected, we cannot be respoDsiblefor that. We
ace not accountable for the conduct of foreign
Daiions; and the circnmBtaDce of their not feeling
a measure as strongly as might hare been expect-
ed, is nosaffieieai reaioa why we should not per-
severe in it, if it is a wise and proper measure,
productive of good effects at home. It has cer-
tainly saved our property, and hitherto kept us
free from the ealamilies of war. If it has not,
however, produced all the good effects that were
expected, there are many iiroug reasons which
ean be assigned for it, that could not have been
foreseen and were not within the control of those
who passed it; among these may he meolioned
the Dumeroua evasions of it in certain parts of
the Uniao, which were ihamefulty couDten-
aneed by many whose standing in society gare

i'lut grounds to expect from them a difftrent
ine of conduct. By these means the measure

was deprived of much of iu coercive efficacy;

many of the most corrupt and profligate charac-
ters enriched ihemielves at tbt expense of the
honest part of society, and at the same lime to
the great benefit of the enemies of their country.
Id uying thi< I do not mean to api^y the remark
to any general section of the country^ but to tbe
individuals concerned In the Ttolations of tbe
law, and those who eneoaraged or counienaneed
them ; their conduct will stain their characters
and names with reproach for ages to come. It is
a kind of treason against the State, of the moat
insidious and ddogeroos kind ; like murder pro-
duced by poison, it corrodes the vitals of the body
potitic in so secret a maaner that tbe perpetrator
most generally evadea tbi punishment hu crime

so justly deserves. Such characters, and ihoaa
who countenance them, ought to be delected if
possible, and severely panished ; ihey ought to
be marked as enemies to their country ; in parti*
ticular ibey ought lo be distinguiEhed as enemiea
to the commercial interest of the nation ; having,
at the expense of the honest merchant, aided those
who have endeavored lo extinguish the vital prin-
ciples of your commerce. They have robbed their
OWB country to befriend and support its enemies:
and so ID effect do all those who at this awful
crisis oppose and revile ibdr own Government,
and justify or excuse the aggressions of foreign
Powers. But let them rememlier the day of retii-
bution is probably near at hand, when they may
have lo account lor their conduct in a summary
way; when they must determine to which side
they belong, lo America or Oreat Britain ; when
ihey must lake their stand in ihe ranks of their
own country or declare for its enemies. Tbe time
must soon arrive when this disiiDciion will be
made, and then, I trust, it will appear who are
the real friends of their country, and who are
roltpn-bearled foreigners.

Other circumstances contributed. nodonbt,verf
much to prevent the embargo from proiduciog
that effect on foreign Daiions which misht have
been expected ; of these may be noticed the nu-
merous rail re presentations that were industri-
ously disseminated abroad in regard both to the
pressure oftt on tbe people here, and lo ibeirdia-
potition to submit to end support ihe measure,
lis pressare was exaggerated, and painted in the
most extravagant colors, without regard to truth ;
the spirit of ihe people was misrepresented, aa
being in general hostile to the law, and disposed
to resist its exeeulioa ; when, in fact, the discon-
tents were confined to a very small seeiion of the
Union, and excited there by the leaders of a small
faction, many of whom are evidently tbe agent*
or warmest friends of Qreai Britain, and all of
whom are tbe bitter enemies of their own Oot-
ernment, and have for years opposed every raeiM-
ure calculaied to promote the interest of this
country. Your public prints teemed with false-
bouds, and misstatements on ibis subject ; insur-
rections were announced in some quarters of the
Union as likely to take place, and dreadful dls-
iressslaied to prevail everywhere. These ground-
less misrepresentations, circulated for party par-
poses alone, went abroad, and had, no doubt, con-
siderable infiuence on the conduct of forei^
naiioDs; they gave credit lo (hem, and were in-
dueed to believe that the people of this country
would not endure a continuance of the embargo;
that they would soon force the Oovetnment lo
repeal it. Those Powers, encouraged by such
publications, determined, noiwilhsianding they
were sorely pressed by the embargo, to persevere
in their aggressions, under the hope ihat we would
not long continue this measure, and that we
would ultimately submit to their terms. To this
shameful conduct of a portion of your own peo-
ple, sir, this country owes, in a great degree, the
continuance of its present difficulties, and the
inefficaey of the emba^o. The great outcrf

.yGoogIc

747

HISTORY OF CONGRESS,

748

I.orR.

Foreign Eelalioiu.

DBCBHsaR, 1808.

made wiih regatd to the distress and pressure pro-
duced by [bis measure at home, is ia a considera-
ble degree unfouoded ; your people do ooi suffer
in any part <if the Union for want of the uecessi-
ries of life; they have a superBbundance of them ;
(here is no such thing as Buffering for want kaowo
in this country ; there is only a temporary pause
in the rapid acquisition of wealth; a CEssation of
profits only. 1 do not raeanno be underslood to
■ay thai the American people do not feel the em-
bargo; i know tbey do feel it sensibly ; and they
must have expected to feel any measure that
would be likely to Dress hard on those who vio-
laie their ■'igtits. But the great difference be-
Iween its efients on us, and on them, is this:
among our people it occasions a superabundance
of all the necessaries of life, and the only giouod
of compluini is, the want of a market for the sur-

Slus; while their people suffer and coaiplain aloud
>r want of enough of the necessaries of life, es-
sential for their subsistence, and which they can-
not obtain from any other quarter. No one will
hesitate on deciding whose situation is most eli-
gible, and least to be complained of, that of lho»e
who have too much, or of those who bare not
enough to subsisi upon. Another reason may also
be assigned, why we could not anticipate the pre-
cise e£ci of the embargo on foreign Powers; we
eonld not foresee that the OoTernmeuts of those
Powers would not regard the diatreu and suffer-
ings of their people; that France would suffer
her West India colonies to be almost desolated
with famine, and to be compelled toapply to theit
inveterate enemy, to save ihem frooi actual star-
ration rather than revoke her decrees ; nor could
we know that the Qovernment of Great Britain
would be regardless of the complaints and repre-
•eniations of her manufacturers, and a respectable

SDrtion of her merehanis; that it would lend a
n( ear to the hungry criei of the starring me-
chanict, and sileuce their just and loud com-
plaints with the thunder of tbeir murdering guns,
and quench theit hunger with a shower of Etalls
instead of bread. We cannot be culpable for not
matieipaiing such events.

It has been said by the gentleman from Massa-
chusetts. (Mr. QciNcy,) [hat the people of New
Englana will descend upon the ocean; that they
will not bear this measure. If this be intended
as a threat ; if the gentleman meant that the peo-
ple of New England are determined to resist the
laws of the Uoioo, let him say so; let us know it,
and we will act accordingly. [Mr. Q,uincv said,
he did not mean or think that they would resist
the laws.] Mr. Caupbell continued: I am
happy to hear the gentleman explain bis expies-
tions in the manner be has done ; it will render
unnecessBiy some remarks J intended to make on
that point. 1 hope, sir, these people will not op-

Soae the laws of^ their country. I feel a cona-
eoce that the genius of liberty has not deserted
New England, and that a large majority of the
people there wiMild rally round the standard of
their Qovernment when the occasion required it.
From the best ioformation I hare been able to
obtain, the people of one of those Stales, (1 mean

Connecticut,) which has generally differed ia
political sentiments from the present Administra-
itill retain tbe spirit of independence, and a
□f tbe value of their Consiitution and eiril
liberties, and would be among the first to put
va any open opposition to the laws; to crush
'mbryn the demon of iosurreciion. This, sir,
I hope IS true; it breathes the surviriug of the
spirit of serenty-siz; it is highly honorable to
those people; it proves Ihem to be honest in their
sentiments and good citixens. While the laws
passed by a Constitutional majority are in force,
tbey will support them; still they may jnstly
claim the right, if ther do not think Ihem whole-
some, to disapprore of them, and use all Consti-
tutional means to procure their repeal. I woold,
sir, still indulge a strong hope that a large ma-
jority of the people of the very State from which
tbe gentleman (Mr. Qcincr) comes, would, when
called upon, support the laws of their country,
and punish the lawless wretches who dare openly
set up the standard of opposition. If gentlemea
acknowledge that this is the case, I trust we shall
not again bear the iaoguage of menace on ibis
floor. On this subject I concur perfectly in sen-
timent with the gentleman from Virginia, (Mr.
RiHnoLPH,) that if any portion of the people
oppose a public law. Ifaey must be reduced to sab-
mission, and I would be among tbe first to com-
pel obedience to it ; and I would, also, as stated
by the gentleman from Maryland, (Mr. Nei^on,)
if the disease requited bleeding, use the lancet,
and that promptly too. Yes, sir, whoever would
attempt to raise tbe standard of insurrection,
should be made a public example of, as the ene-
my to independence and ciril liberty; as th«
agent or tool of a foreign Power.

It has been repeatedly said, the people of New
England will not bear this measure; that there
will be a separation of the States. Such senti-
ments cannot be entertained or conntenanced by
any true American — by any friend to his country.
They may be cherished by ibe agents and tools of
Great Britain ; by the enemies ofour Constitution

plated or countenanced by any portion of the
people, even of New England, who ate real Amer-
icans. Such a disposition can only exist among
a few unprincipled and restless spirits, who, re-
gardless of the general good, wish to become th«
petty tyrants of the people in that quarter, to
lord it oyer Ihem, make them groan under heavy
taxes, and finally strip them oT their liberty and
independence; and, probably, to render their ob-
ject more certain, would throw themselres under
tbe fostering care of Great Britain, and become
openly, what they now are secretly, hei very min-
ioDs and humble tools.

To enable ihem lo effect this object, they may
endeavor, nnder false pretences, to spirit up the
people ibere to a sevarence of the Union, in order
to withdraw them from the pruteelion of the Gen-
eral Gor eminent and Constitution, which guar-
anties to every State a republican form of gov-
ernmeat, and is lo the people their strong shield

.yGoogIc

HISTORY OF CONGRESS.

Decexbgr, 1808.

Foreign Relationa.

agaJDsl tyraDDy aad oppression. To this group,
howem-, this little iDsigoificaDt group alone, musi
be confined aoy inteotioQ or difiMMitioD whatever
10 oppose the laws or sever the Union. The great
body of the real Americans of New EDglaod, who
descended from the illustrious heroes of 1776, and
who hold dear the liberty and independenc
which itieir fathers fought and bled, will no
deavoT to stab the very vitals of their own c
try ; ibey will not enlist under foreign banners ;
they will not, in ihe day of danger, be arrayed
agHinst their country; they will be found in the
ranks, who dare to fight and shed their best blood
for their conntry. But if ihe' people of that quar-
ter were to consider this proposition of a sepan-
tion from the Union correctly, even in a pecuni-
ary point of view, and as r^^ards their own in.
teres! alone, ibey mast reject it without hesita-
tion. A ^reat proportion, at least foiir-firtlis, of
the shipping of New Bngtand, find employmeo
in carrying to market the produce of the Middli .
Soatbern. and Western Stales. The whole pro-
dace of tneir own soil does not exceed ia value
seren or eight millions of dollars, ont of forty-
eisht millions exported by the United States,
iphile tbesingte article of cotton, in ibe Sombern
and Western States, exceeds in valne fourteen
millions of dollars. They are, therefore, the mere
carriers for the Middle and Southern Slates.
Col off their connexion and commerce with them,
and where would ibey find employment for their
immense tonnage of which they so much boast 1
What would become ofitT Where would they
get employment for their seamen 1 Their ships
would rot at their wharves, or float empty Qpon
the ocean ; the^ could nor furnish them with car-
goes, and iheir boasted commerce would soon
dwindle away into a mere trifle compared with
its present floutishing condition. Have genile-
men who make these insiouatioos aboai a separ-
ation of New England from the Union, seriously
considered the subject in these points of view,
and faitly weighed the consequences'! If tbey
have not, it ia high time they should. These re-
marks are made to show that New England can-
not possibly have any interest in such a measure;
that, on Ibo contrary, it would be ruinous to the
best interests of the peoole, ajid cannot, therefore.-
unless they are totally deluded, be countenanced
by them.

It is with some reluctance I come to notice
some remarks made by a gentleman from Maaia~
chnsetts, (Mr. Q,iiincv,) with respect to the re-
port under consideration; that abstract legislation
generally proceeds from ignorance, or wieaedness,
or — [Mr. UDiNCT requested to explain ; he said
hit remarks were intended to apply to the doc-
trines recommended^ and not to the style of Ihe
report or the commtliee who made il.J Mr. C.
proceeded — ( shall, sir, geaaralty be willing to
take gentlemen's explanations of the meaning of
what they have said. I had intended to make
some obeervations in answer to the remarks of
the gentleman on this point, as 1 understood them,
as relating to the report; but, as it is now stated,
they were not inlended to apply to the commit-

tee or the report itself, I shall omit those remarks
and say nothing on that point. The gentleman,
however, in another place, observed, that the

frinciples contained in the report were loathsome,
do not, air, profess to comprehend his meaning
very distinctly when he applies the term loath-
some to the principles of the report. A principle
may be incorrect, or improper, to be supported,
but how it can be loathsome, is not verr obvioiu,
[Mr. Q,u[NCT said he had alluded to tne course.

his words down as 1 have staled them ; It
proposed is loathsome; ibii amounts to the same
thing; the course propoaed is founded on the
principles assumed, and Ibe facts stated In Ihe re-
port, and consists of the re solutions annexed there-
la. How these can be called loathsome, is rather
difficult to comprehend. But it seems there was
a loathing produced; perhaps the' appetite was
riciogs, and not the food presented impure or un-
wholesome ; or, are we to undcrstaud that the
resolution before you, which has been called weak,
and 10 self-evident as not to adrnit of a doubt, hal
become so strong as to operate on the gentleman'a
delicate poliiical siomacn as an emetic, and occa-
sion the discharge of ihal envenomed gall of ran-
corous enmity to the Qovernment, which seems
to exist in such abundance, and which is so lib-
erally bestowed on most occasions by that gentle-
man and others? Should this be the case, the
result may be a favorable one, and less of these
bitter invectives may be expected for the future
than has been usual. But those kinds of objec-
tions to the report muil arise from one of two
causes; either from defects in the report itself, ot
from a bluntness of mental optica in those who
make the objections, if indeed they are sincere.
The report, however, is now before the public,
and they will decide, aud no doubt correctly, to
which of these causes we onght to ascribe all Ihe
unqualified censures we have heard against it. I
ball willingly acquiesce in their decision. It may
lot be improper here to remark, that notwilh-
itanding Ihe bard names bv which the gentleman
has called the principles of this report, he has not
ventured to deny the correctness of one of tbemj
he bas not denied the aggressions therein stated
to have been commitied on our rights by the bel-
ligerents nor has he atlempled to show ibai there
is any other course which we could pursue, belter
calculated to resist those aggressions liian thai
iresented in the report. This renders it unne-
lessary for me, at this time, to enter intoafurtha
nvestigaiion of Ibis pari of Ihe subject. Whea
gentlemen specify their objections to the course

Iropose, or present us with their' project, we
endeavor to answer the one and examine the

Qentleraen appear so anxious and determined
produce, if possible, a conviction among the
people, that they are oppressed by the embargo)
' no matter what question is before the House,
. .._ conslant ibeme is the pressure of the em*
bargo, Ihe distress it produces, and the ruin it will
bring on the country. This monmrat tale is le-

.yGoogIc

761

HISTORY OF CONGRESS.

752

H.orR.

Fortign RelatioM.

Deoembeb, 1808.

nted on evetf occasioa, and paiaied in the
_heft and mMt eitrarBgatil colon. One gen-
(leman, (Mr. Rindolpb,) at the close of one of
1ho»e exapgeraled represenlaliooR, inqaiiva what
he iball do with his third crop of tobacco? The
anawer to ihis will eciually apply to many other
inqniriea of a. similar nature, tnade duriDC this
-discatiion. What would he do with ii if the
embargo was at thia moment removed 1 You
could not tend it to the Coniinent, because you
are prohibited by the Briiith Orders in Council.
If you should eren submit to Great Brilaio, and,
at the expenae of national disgrace, tend your to-
bacco there, she cousumn less than 10,000 boga-
beadi of it out of about 00.000, which is annu-
ally exported, and the price that could be obtained
for that portion at a market so glutted, would not
pay the rreigbi. What, then, would you do with
It, supposing the embargo was offi The same
you aa now; keep it in your warehouses until
there is a market open for it. The gentleman in-
timated you might carry it to Sweden, and hod
a market for it at Qottenburg, and that it would
find its way from thence to the Coniinent; on
what ground thix last assertion is made, I cannot
comprehend. It is well known that Sweden is at
war with Russia, and it may be said with all the
Powers on the Continent ; Ilialshe ha* no com-
munications with them, and that all their ports
are shut against her. Produce of any kind could
not, therefore, find its way to the continent of
Europe through her ports j and she herrelf con-
aumea but a rerr small quantity of tobacco.
Taking ofi' the embargo, therefore, would not fur-
nish a market for this article ; until the Orders of
Council' are revoked, you can have no market for
tobacco.

Bat another ground has been taken and much
relied upon, that the Treasury is drained by the
operation of the embargo, and the sources of your
revenue dried up. This argument, like most oth-
ers which hare been made against this measure,
rests entirely upon ascribing eflecis to the wrong
cause. They ascribe to the embargo what is
really produced by the orders and decrees of the
beUigerents; and all that has heeo already said
to show that those orders and decrees, and not
the embargo, destroyed your commerce, will ap-
ply in this case, and show that they, in fact, and
not the embargo, drained your Treasury, aud
dried up the aources of your revenue. For it is
certain, that so long as your revenue depends up-
on your commerce, wbalcrer destroys your com-
inerce, of course, cuts up your revenue. It has
already been shown, that if vour commerce went
upon the ocean, it would be captured ; and it
aurely cannot be pretended that the capture of
vour Tesselaand jiropeny by Qreat Britain would

r Yt _ . . _ .

ICB better to have your Treasury empty and
your property at home, than to he deprived of
the latter and have the former drained ; nor can
it be pretended that, for the sake of a commerce
worth only three, or even six, millions of dollars,
jron ought to aorrender your best righti, or baz-

merchants. The rerenue to be raised fiom
such a eommerne would be inconsiderable, snd i
■ rust that, on a question involving the indepcn-
deuce of our country, we shall not be gciT»D«d
by mercenary views alone, or by the effect ilmiy
have on our finances. If the only inquiry wii,
bow we should replenish the Treasury, the use
would be different; the effect of measures on th
Treasury ought to be the principal poiai la be
Bscerlaieed. But at such a crisis as the preient,
the questions of maintaioing your independtou
and increasing your revenue, ought to b« k«pi
Heparale and Jisiinct. Ysu ought to protect aod
preserve unimpaired the rights of your people,
whatever the effect on the Trensnry might be.
So long as the people have their property ind
rights secure, and are independent, yon are ssfe;
a rich people and an empty treasury, is mD«li
better tnan a poor jieople and an overSoviug
treasury. They will always support tlieir Gdt-
ernraent so long as it nets correctly. Should
direct taxes become necessary, they will cheer-
fully pay them, tiecause they would be on ttieir i
own account and for their own interest — thounii
there is do ground to believe that such will be I
the case; and it is chimerical, it is a mere slander |
upon the good sense of the people, to suppose ibal ,
such a measure would either produce a separaiioa
of the Union, or lead to a consolidation of liit '
State authorities into the Qeneral GoverBtaecL
There can be no pretext for such alarms. B^L,
sir, the Treasury is at this lime more abundaslly
filled than it has been at any fortner period, ind
there are reasonable grounds to expect we shall
be able to replenish it before it is eolirclT »'
bausied. But surely the nerves of geoilemea
must be of a very delicate texture when ibeT
tremble so much for the fete of the nation, becauie
our revenue maj' not have been as productive tbe
present year as it was the last. There can he po
good erouod for such extraordinary palpiiBiioat
on thu subject. The American people will al-
ways furnish the means to maintain their rights
and support their Oovernmeni, if those means ate
properly applied.

I shall close the remarks 1 have to make at
present on this subject, by calling on those gen-
tlemen who oppose the present course, to gire us
the plan they wish to pursue, and let us know the
grounds upon which they act. Do they deny tbe
aggressions staled to have been committed on our
commerce and neutral rights by the belligerenisl
If they do, let them inform ub which of those
Powers they consider justifiable in her conduct.
If, on the contrary, they do not; if they admit
those aggressions were committed on our tighu,
ate they willing to resist them 7 Ate they deter-
mined to vindicate the rights and independence
of their country 1 If they are we wish to kno*
in what manner. If they are not willing to por-
sue the measures of resistance we propose, of a
total inlerdietion of intercourse with those Pow>
ers, wilt they assume a higher ground^ Will
they prefer warT If they do, this is one of the
alternative* presented in the report. We wish W

.yGoogIc

753

HISTORY OP CONGRESS.

Dbcbmbu, 1808.

Foreign Relationa.

H. OF R-

koowwbat m«asares ibef are williag to adopt
for tbe lafplv of the iiaiion. The ciisis is awfuL
The lime hat come to uoite tbe people of Amer-
ica ; we joio i»9ue with ibe i^etiilemeii »si to tem-
forizmg policy; we are for decii
we have doi, we will not, now tempoi
SI jr (here is no middle course. We a
Gni place, for cutiiog off all iatercoi
those Powers who trample upon our rights. If
ihii will Dot prove effectual, we say take the last
allernatire, war, with all ila calamities, rather
ihaa submiasioD or natioaal degradatioo. This
is tbe lime for every tnau to lake bia ataod in
the raoks on one side orlbe other. There can do
longer be but (wo deaominatioos of characters in
this cDUDlry — frieods and foes. Dangers tbickeo
aroiiDd, aod threaten us from abroad; it is there-
fore high tiioe for domestic differences (o cease.
The period has arrived at which every man io the
cation must be called upon lo rally roond ibe
standard of Aiaericau freedom; when he must
declare whether he will be for his country, or
against his country ; whether he will be an Ameri-
cao or a iraitorl

When Hr. Campbell hail concluded, ihe House
adjourned.

Wrdkbsdat, Defeember 7.

Hr. Sat presented memorials from sundry )a(e
officers ia the Pennsylvania line of the RevolU'
lionary army, slating that, from tbe peculiar cir-
cnmEtances of the memorialists, they have been
compelled to dispose of the cerlificaies of pay and
commoIaCioD granted them for military services
rendered to the United Stales; and praying soch
relief io the premises as to the wiaaom and jus-
lice of CoDgresE shall seem meet.

Mr. WoARToif presented a petition from sun-
dry late officers of the Massachusetts. Pennsylva-
nia. Maryland, Virginia, and Nonh Carolina lines
of (he said Revolutionary army, Io the like effecU

The said memorials and petition were read,
and ordered lo lie on the table.

Mi. Ddrell moved that the House do come to
the follawing resolution :

Reiohed, That it be the duty of the Clerk of this
House to fiiinlsh the RepreaentatiTci in Congrtnu
from eiA Stale in Ihe Union, for the time being, and
the Delegate* fi-om each of the Teiritorie* thereof,
with one copy of every public docntnenl, including tbe
Uwi aodjonmals printed by order of the Houae, to be
by them transmitted to the principal aeminaryof team-
u>f in each State and Territory, respectively.

The resoluiioD was read, and. on motion of Mr.
Bacon, ordered to lie on the table.

FOREIGN RELATIONS.

The Hoate then resumed the cootideration of
the first member of the first reioluiion reported
on ThuTsday latt, from tbe Committee of the
Whole, which waa depending yesteidav at the
lime of adjoutiiiiieDt, in the wotda following,
to wit:

"RttUntd, That Um Uailed Btatw cannot, without
a ncnflc« ot their righta, honor, and independence,
•^mit lo tho late edktt of Great Britain."

Mr. G. W. Campbell concluded bis observa-
tions of yesterday, as given entire in preeediog
pages.
Mr. aniNCY— Mr. Speaker, I offer myself to
of this House with very sensible embar-
, ID aiiempling lo follow ihe honorabla
gentleman from Tennessee, (Mr. Campbell)— a
gentleman wbo holds so distinguished a station
1 this floor, through (hy blessing, Mr. Speaker,
1 his talents and indoatry. I place myself with
lOcb reluctance in competilioo with [his, out
great poiilical .^ne&a, an illustrious leader of an-
tiquity, whom, in his present relaliona, and in bis
present objects, the gentleman from Tennessee
lot a little resembles; since, in order to evade ihe
■uin impending over our cities — taking my hoo-
)rable colleague (Mr. Bacon) by one hand, and
ihe honorable gentleman from Maryland (Mr.
MoNTOOMEttT by the other, (lillle liilua and wife
Creusa) — be is posting away into tbe woodawith
Father Aochisea and ail the household gods.

When I bad ihe honor of addressing this House
a few days ago, I louched this famous report of
our Commiiiee of Foreign Relations perhaps a
lillle too carelessly ; perhaps I handled it a iiltle
too roughly, considering its tender age, and the
manifest delicacv of ila conslitulioo. But, sir, I
had no idea of aAecting very exquisitely the sen-
sibilities of ^ny gentleman. I thought that ihia
was a common reportofoneof our ordinary com-
mittees, which I bad aright to canvass or to slight,
to applaud or to censure, without raising any
extraordinary concern, either here or elsewhere.
But, from the general excitement which my in-
coniiderate treatmeni of this subject occasions, I
fear that I have been wistakeo. This can be do
mortal fabric, Mr. Speaker. This must be that
image which fell down from Ju;>iler, present or
future. Surely, nothing bat a being of celestial
origin would raise such a tumult in minda tem-

Eered like those which lead the desiinies of this
Eouae. Sir, I thought that this report had been
a common piece of wood — inutiie ligman~-^att
such a piece of wood as any day-laborer might
have hewed out in an hour, had he health and a
hatchet. But it seems that our honorable chair-
man of the Committee of Foreign Relations, vno-
IwU eme Deum. Wtll, sir, 1 have no objeciions.
Iflheworkmen will,a god it shall bs. I only wish,
that when gentlemen bring their sacred things
upon this floor, that Ihey would blow a trumpet
before them, as the heathens do, on such occa-
sions, to the end that all true believers may pre-
pare themselves to adore and tremble, and that all
unbelievers may turn aside, and noi disturb their
deToiions.

I awure gentlemen that 1 meant io commit no
sacrilege. 1 had no intention, sir, of canvassing
very strictly this report. I supposed, that when
it had been published and circulated, it had an-
swered all the purposes of its aulhois, and I felt
no disposition lo interfere with ihem. But the
House is my wilness that I am compelled, by ihe
clamor raiied on all aides by tbe friends of the
Admioisiraiion, to dettxai to particulars, and to
Mamiaeitaomewlut minutely.

.y Go Ogle

766

mSTORT OF CONGRESS.

m

Foreign Relation*.

H. or R.

My boDorable colleague (Mr. Bacon)

pleased the other day to araert ! Sir, in r

ring to his obiervaiions, od a former occasji
beg tbe House not to imaeine that I eni aboot lo
follow bim. No, Bir; I will neither follow
irnitite bioi. 1 bao^ upon no man's skirts; I ran
barking al no man's beel. I canvass principli
and meiFures solely with a Tiew to the great
interests of ror country. The idea of personal
Tieioryii lost in the total absorption of sense nod
mind in the impending consequences. — I say he
was pleased lo assert that 1 bad dealt in general
allegations afainst Ibis report, without pointing
out any particular objection. And the bonorable
cbairinas (Mr. Campbell) has reiterated the
charge. Both hare treated this alleged ooiission
with no lillle asperity. Tet,sir. it is rery remark-
able, that, so far from dealing in general allegi
tions, I explicitly slated my objections. Th(
alternatlTes presented by the report — war or sua
pension of our rights, and the recommetidBtion of
the latter, rather than take the risk of the former,
I expressly censured. I went further. Icomparei'
these alteraattTes with an extract from an addrpa:
madr by the first Cooiinenlal Congress to ibi
inhabilaals of Great Britain, and attempted to
show, by way of conlrast, what I Ihooght the dii
graceful spirit of the report. Yet, these gentle
men complain that I dealt in general allegationi
Before I close, sir. they will have, I hope, no rea
son to repeat sucn objections. I trust I shall be
particular, to their content

Before entering upon an exaroiDation of this
report, it mar be useful to recollect bow it ori-
gioaied. By tbe third section of the second arti-
cle of the Constiiuiion, it is declared that the Pre-
sident of the United Slates "shall, from time to
' lime, sire lo Congress information of the state
' of the Union, and recommend to their considera-
' lioD such roeaiutes as he shall judge necessary
' and expedient." It is,ihen, the duty of ihePtcs-
idenl to recommend lucb measures as in his judg-
ment Congress ought to adopt. A great crisis is
impending OTer our country. It is a time ofalarm
and peril and distress. How has the President
performed this Constitutional duty? Why, after
recapitulating, in a formal Message, our dangers
and his trials, he expresses his confidence that we
shall, "with an unerring regard to tbe ossential
'rights and interests of the natioo. weigh and
' compare the painful alternatives, oiit of which a
' choice is to b« made," and that " the slternative
' chosen will be maintained with fortitude and
' patriolism." In this way out Chief MagislriUe
performs his duty. A storm isapproachingf; the
captain calls hi:< choice hands upon deck; leaves
the rudder swinging, and sets the crew to scuffle
about alUmalitei ! This Message, pregnant with
DOadescript alternatives, is received by this House.
And what do we T Why, constitute a great Com-
mittee of Foreign Relations, and, lest they should
not have their attention completely occupied by
the pressing exigencies of those with France and
Great Britain, they are endowed with tbe whole
mass— British, Spanish, and French ; Barhary
Powers and IndiaD neighbon. And what does

Dbcbnbeb, I

7 Why, after seven days' sol-
emn conclave, they present to this Hotise an jIIui.
trious report, loaded with allernaliTes— Dolhin;
but aliernaiives. The cold meat of the Palsteii
bashed and served up to us, piping hot, fiom out

In considerioK ibis report, I shall nay no atleit-
lion to either its beginning or its conclusion. Tbt
former consists of shavings from old documnu,
and ihe latter of birdlimeTor new converts. Tbe
twelfth page i* the heart of this report; lliiil
mean to canvass. And I do assert, inat thercti
not one of all tbe principal positions eonMlnediD
it which is true, in the sense and to the eiiest
assumed by the committee. Let us eiamiaeeMi,
separately:

" Your committee csn perceive no other tllemilin
but abject and degradiDg submission, war irilli bMk
nations, or a eontinuuice snd enforcement of tb( pm-
ent BUtpendon of our commerce."

Here is a tri-forked aliernative. Let ui con-
sider each branch, and see if either belrue, in (it
sense assumed by the committee. The fint-
'' abject and degrading submission"— lakes i«s
things for granted: that trading, pending iheedicu
of France and Great Britain, is submission ; sid ,
next that it is fuhmission, rn its nature, abject sod '
degrading. Neither is true. It is not submiuias
to trade, pending those edicts, because they do sot
command you lo trade; they command yaiiart
to trade. When you refuse to trade, you sabmii;
not when you carry on that trade, as far si yon
can, which they prohibit. Again, it is not true ,
that such tradinris abject and disgraceful, aad
that, too, upon the principles avowed by ibe ad-
vocates of this report. Trading, while ibeseedjcU
are suspended over our commerce, is submissms,
tay_ they, because we have doI physical force to
resist the power of these belligerents; of course,
if we trade, we must submit to these resiriciioDs,
not having power to evade or break ibroDjh ihtiB.
Now, admit, for ihe sake of argument, (what iiOT-
ever in fact 1 deny,) that the belligerenu bsre
Ihe power to carry into effect ibeii decrees to
perfectly ; that, by reason of the orders of Gtt»
Britain. .we are physically disabled from going ">
France; and that, by the ediclaof France, we_ste

■rs, the question is, whether subntitlirg lo eiei-
:iEeall the trade which remains lo us, nolwilB'
landing these edicts, is "abject and degradipg.''

In tbe first place^I observe, that submiuios^
lot, to beings consiiiuled as we are, always "ih-
ject and degrading." We submit lo ihe decrees
of Providence— 10 ibe laws of our nature. M-
solute weakness submits lo absolute power; and
there is nothing in such submission shameiul ot
degrading. It is no dishonor for finite noKocoa-
lend wiib infinite. There it no loss uf repautioDi
If creatures, such as men, perform not impos'i'"''
ilies. If then it he true, in the sense asserted by
some of Ibe advocates of this report, ihsi it i*
physically impossible for as to traue with Fnoce
and Great Britain and their dependencies, by re*'
— of these edicts, still there i* nothing "abject

.yGoogIc

757

HISTOEY OF CONGRESS.

Deceubeb, 1

I^irmgit Relatiotu.

H.orR.

or degrading" in cirrjriDg on such trade as these
edicts leave open to us, let it be never bo small or
so titfling; which, however, it mieht be easiljr
shown, as it ha> beea, thai it is neither ihe one
nor tfa« other. Bir, in Ibii point of view, it is no
mare diiigracefut for ua to trade lo Sweden, to
China, to the Northwest coast, or to Spain and
her dependencies — not one of wbicb countries is
DOW iocluded in those edicts — thaa it is disgrace-
ful for Ds to walk, because we are unable lo flf ;
DO more than it is shameful for man to use and
enjoy the surface of cbis globe, because he has
□Dt at bis command the whole circle of nature,
and cannot range at will over all the glorious
spheres which constitute the universe.

The gentleman from-Tennesiee (Mr. Camp-
BELt.) called upon us just now to tell him what
was disgraceful submission, if carrying on com-
merce under these restrictions was not such aub-
missioD. I willlell thaigenilemau. Thatsubmis-
sioD is -'abject and disgraceful" which yields to
the decrees of frail and feeble power, as tboDgh
ibey were irresistible ; which takes counsel of fear,
and weighs not our comparative force; which
abAodoDS the whole, at a summons lo deliver up
a part ; which makes the will of others the meas-
ure of rights, which Gad and naturenot only have
constituted eternal and uaalienable, but have also
endued us wiib ample meacs lo mainiain.

My argument on this clause of the report of the
committee may be presented in this form : either
the United Slates have or they have not pbysical
ability to carry on commerce in defiance at the
edicts of both or of either of these nations. If we
have not physical ability to carry on the trade
wbich they prohibit, then it is no .disgrace to
exercise that commerce which these irresistibte
decrees permit. If we have such physical abil-
ity, tfaeo, to the degree in wbicb we abandon that
commerce which we have power to carry on, is
our submission, "abject and disgraceful." It is
yielding without a struggle ; it is sacrificing our
rights, not becanse we have not force, but because
we have not spirit lo mainiain ibem. It is in this
pointof view that lam disgusted with this report.
It abjures what it recommends; it declaims, in
beroics,agaiDst3ubmiEsion^ and proposes, in creep-
ing prDie, a tame and servile suWerviency.

It cannot be concealed, let gentlemen try as
much as they will, that we can trade, not only
with one, but with both these belligerents, not-
wiifastandiog these restrictive decrees. The risk
lo Great Britain against French capture scarcely
amouDls to two per cent. ; that to France against
Great Britain is unquestionably much greater.
But, what is that to us ? It is not our fault, if the
power of Britain on the ocean is superior to that
of Bonaparte. It is equal and exact justice be-
tween both nations for us to trade with both, as
far as it is in our power. Great as the power of
Britain is on the ocean, the enterprise and intre-
pidity of our merchants are more than a match
for it. They will gel your products to the Con-
tinent in spite of her nary. But, suppose tbey do
not; Mippose tbey fail, and are captured in the
attempt ; what is that to ua] After we have given

them full notice of all their dangers, and perfect
warning, either of our inability or of our deter-
roinaiion not (o protect them, if they take the risk,
it is at their peril. And, upon whom does the lost
fain As it does now, through the operation of
your embargo, on the planter, on the farmer, on
the mechanic, on the day-laborer? No, sir; on
the insurer — on the capitalist — on those who, in
the full exercise of their intelligence, apprized of
all the circumstances, are willing la lake the haz-
ard for the sake of the profit.

I will illustrate my general idea by a supposi-
tion. There are two avenues to ibe ocean from
the harbor of New York— by the Narrows, and
through Long Island Sound. Suppose the fleets,
both of France and Great Britain, should block
up the Narrows, so that to pass them would be
pnysically impossible, in the relative state of our
naval force. Will gentlemen seriously contend
that there would beanyihiiiK "abject or disgrace-
ful," if the people of New York should submit to
carry on their trade through the Sound ? Would
the remedy for this interierence with our rights
be abandoning the ocean altogether? Again;
suppose, that instead of both nations blockading
the same point, each should station its force at a
different one — France at the muulh of the Sound,
Britain at the Narrows. In such case, would
staying at home, and refusing any more to go upon
the sea, be an exercise of indepeodenpein the citi-
zens of New York 7 Great pIiiluEOp hers may call
it "dignified retirement," if Ihey will. I call it, and
lam mistaken if the people would not call it, "base
and abject submission." Sir, what in such a case
would be true honor 1 Why, (o consider well
which adversary is the weakest, and cut our way
lo our rights through the path which he obstructs.
Having removed the smaller impediment, we
should return with courage, strenf[tnened by trial
and animated by success, io the relief of our rights,
from the pressure of the siiongesl assailant. But,
all this is war; and war is never to be incurred.
If this be the national principle, avow it; tell youi
merchants you wilt not protect them ; but, for
Heaven's sake, do not deny them the power of
relievicg their own and the nation's burdens, by
the exercise of their own ingeouity. Sir, impa»-
■able as the barriers ofiered by these edicts are in
the esiimaiioD of members on this floor, the mer-
chants abroad do not estimate them as insurmoont-
able. Their anxiety to risk their property, in de-
fiance of them, is full evidence of this. The great
danger to mercantile ingenuily is in ternal envy — '
the corrosion of weakness or prejudice. Its ex-
ternal hazard is ever infinitely smaller. Thai
practical intelligence which this class of men
possesses, beyond any other in the community,
excited by self-intereal — the strongest of human
passions — is too elastic to be confined by the lim-
its of exterior human powers, however great cr
uocommon. .Build a Chinese wall, and the wit of

iour merchants, if permitted freely to operate, will
reak through it, or overleap it, or undercreep it.

"milto adde cslenu

" Effugiet tamen, hoc aceleratus vuicula Proteus.
The secoud branch of the alternatives under

.yGoogIc

mSTORT OF CONGRESS.

H.dfR.

Fbreign Relatiotu.

Dbobmbbb, 1:

eoDilderation is equall|r decepiive — ''War viib
boih DstioQs." Can ihis ever be an alterDative 1
Did fOU ever rvad in hiatorjt, can you- conceive in
fancy, a war with two nations, each of whom ia
at war with ibe other, wiihoui an union wiih one
againit theolherimiQedialely re«ulling 7 It can-
not exist in nature. The very idea U absurd. It
never can be an alternalire, whether we shalL
fight two nations each hostile to the other. But
It may be, and if we are to fight at all, it ita Tery
■eriousqueslloD, which of the two Wf are toaelect
as an sdTersaty. As to the third branch of these
celebrated BlternaliTeR, "a continuaace and en-
forcement of the present syntem of commerce," I
need not spend time to iihow that ihia doe* not
include all the alternatires which exist under this
head — since the committee immediately admit,
that there does exist another alternaliTe, '' partial
repeal." about which they proceed to reason.

The report proceeds. " The first" (abject and
degrsdlog submission) '' cannot require any dis'
euBsion." Certainty not. Submission ot that
quality which the committee assume, and with
ihe epithets of which they choose to invest it, can
neTerrequirediscussionatany time. But. whether
trading- under these orders and decrees, be such
submission, whether we are not competent to re-
■ist them in part, if oot in whole, without a total
abandonment of the exercise of all our maritime
Tights, the comparative effects of the edicts of each
upon our commerce, aod the means we possess to
influence or control either, are all fair and proper
aabjecis of dixcussion ; some of which the com-
mittee have wholly neglected and none of which
have they examined, at Ihe House had 8 right to
expect.

Tbe committee proceed " to dissipate the illU'
•ion" that there is any " middle course," and to
reassert the position before examined, that " there
is DO other BUernative than war with both nations,
or a continuance of the present system." This
position they uoderlake to support by two aaser-
tioDS. First, that " war with one o( the bellige-
rent* only, would be tobmission to the edicts and
will of the other." Second, that " repeal in whole
or in part of tbe embargo, must necessarily be

As to the first assertion, it is a miserable fal-
lacy, confounding coincidence of interest with
subjeciioDofwill; things in iheir naiure palpably
distmct. A man may do what nnolher wills, nay,
what he commands, and not act in submission to
his will, or in obedience to his command. Our
interest or duty may coiocide with the Line of
conduct another presumes to prescribe. Shall we
vindicate our independence at the expense of our
aocialormoralobligatioos? I exemplify my idea
in this way. Two bnllies beset your door, f rum
which there are but two avenues. One of them
forbids you to go by the left, the other forbids you
to go by the right avenue. Each is willing that
yon should pass by the way which he permits.

yon sh

case, what will you do? Will you Iceep
irever, rather than make choice of the path

faonse fori

through which you will resume yi

rights? You cannot go both ways at tmce, you

must make your election. Yet, in raakinf; snch
election, you must necessarily coincide with the
wishes and act according to the commands of one
of the bullies. Yet who. before this committee,
ever thought an election of one of two ineritaUe
courses, made under such circumstaneea, " abject
and degradinff suhmiisiDn" to the will ol eicber
of the assaiFants? The second assertion, that
'' repeal in whole or in part of the embargo most

proceed to maintain by several subsidiary asser-
tions. First — " a general repeal without arming
would be Bubtnissioii to both nations." So far
from this being true, the reverse is the fact; it
would be submission to neither. OreaC Britain
doesuotsay, "you shall tradewithme." France
does not say " you shall trade with roe." If this
was the lanKoage of their edicts, there might be
some color for the assertion of the committee, that
if we trade with either we submit. The edicts
of ench declare you shall not trade with my ad-
versary. Ourservile knee-crooking embargo, says,
" you shall, therefore, not trade." Can any sub-
miShioD be more palpable, more "abject, more
disgraceful V A general repeal without arming,
would be only an exercise of our natarml rights,
under the protection of our mercantile ingenuity,
and not under that of physical power. Whether
our merchants shall arm or not, is a question of
political expediency and ofrelative force. It may
he very true that we can fight our way to neither
country, and yet it may be also very true, that ws
mav carry on a very important commerce with
bolQ. The strength of the national arm may not
be equal to contend with either, and yet the wit
ofourmerchantsroay be over- match for the edicts
of alt. The question of arming or not arming,
has reference only tothd mode in which we shall
best enjoy our rights, p jd not at all to the quality
of the act of iradmg d ring these edicu. To ex-
ercise commerce is out absolnie right. If we arm,
we may possibly extend the field beyond that
which mere ingenuity would open to us. Whe-
ther the extension thus acquired be worthy of the
risk and expense is a fair question. But, decide
it either way, how is trading as far as we hare
ability, made less abject than not trading at all 1

I come to the second sahsidiary assertion. ^A
' general repeal and arming of merchant vessels,
' would be war with both, and war of the worst
' kind, suffering the enemies to plunder ua, with-
' out retaliation upon them.^'

I have before exposed the absurdity of a war
with two belligerents, each hostile to the other.
It cannot be true therefore, that " a general repeal
and arming our merchant vessels," would be sucb
awtr. Neither ifwar resulted, would it be "wat
of the worst kind." In my humble apprehension,
a war, in which our enemies are permitted to

JIunder us, and our merchants not permitted to
efend their property, is somewhat worse than a
war like this; in which, with arms in their bands,
our brave seamen might sometimes prove too
strong for their piratical asaailants. By the whole
amount of properly, which we might be able to
preserve, by these means, would snch a war be

.yGoogIc

HISTORY OF CONGRESS.

DeoiMBER. 1808.

lortign Relation*.

better ihaa ibal in which -vie are now engaged.
For the coruiniUeeaisare ns.tbat the aggressioaa,
to which we are subject, "are to all inteDts aod
purjiosesa maritime war, waged with both nalioas
aeainst the United Slates."

The last assertion of the eotnniittee, in this
most msBterlf page is, that "a partial repeal must,
' from the siiualion of Eatope. necessarily, be ac-
' tiial submission to one of trie aggressors, and
' war with (he other." In the niiae of common
sense, how can this be true 1 The trade to 8we-
deu, to Spain, to Chiaa, is ,noi now affected by
the orders or decrees of either belligerent. How
is it sobtnission, then, to these orders for us to
trade to Got ten burg, when neither France nor
Britain command, nor prohibit it 7 Ofwhaleoti-
sequence is it to us, what way the Gottenburg
merchant disposes of oar products, after he has
paid tis oar price 1 I am not about to deny that
a trade to Gottenburg would defeat the purpose
of coercing Great Britain, through the want ol our
supplies, bai I reason on the report upon its
arowed principles. Jf gentlemen adbere to their
ayslem, as a means of coercion, let the Adniinli-
tration arow it as such, and support the syitern,
by arguments, such as their friends use erery day
on this floor. Let them avow, as those frieoils do,
that this is our mode of hostility agaiasl Great
Britain. That it is better than "ballaod gun-
powder." I«t them show that the means are
adequate to the end ; let ibem exhibit to ns, be-
yond the term of all this saffering. a happy sal-
ratioD, auda glorioas victory, and ibe people may
then submit to it, even without murmur. But
while the Administration support their system
only as a munieipai regulation, as a neaos of
safety aod preterfstion, those who canvass their
principle are not called upon to contest with them
OD ground, which not only they do not take, but
which, officially, the}[ di.<arow. As partial repeal
would not be submissioo to either, so, also, it
would Dot be war with either. A trade to Swe-
den would not be war with Great Britain, that
nation is her ally, and she permits it. Nor with
France, though Sweden is her enemy, abe does
not prohibit it. Ahl but say the committee, "a
' measure which would sitpply exclusitely one of
' the bellifferenis, would be war w'ith the other."
This is ibe Stale secret ; this is the master-key
to the whole policy. You must not only do what
the letter of these orders prohibit!, but you must
not sin against the spirit or ibem. Tbe great pur-
pose is, to prerent your product from getiiog to
out enemy, and to effect this you must not only
so act as to obey the terms of the decrees, but
keepiogthegreat purpose of ibem always insight,
you must extend their construction to cases which
they cannot, by any rule of reason, be made to
include.

Sir, I have done with this report. I wonid not
hare submitted to ibei task ol
gentlemen had not (brawn the gaunili

D the e

that I

used the word "loathsome," which has lo often
been repealed. Sir, it may not have been a well
chosen word. It was that which happened to
come to hand first. I meant to express my dis-
gust at what appeared to me a mass of bold as-
sumptions, and uf illy cemented sophisms.

I said, also, that "the spirit which it breathed
was disgraceful." Sir. I meant no reflection upon
the committee. Honest men and wise men may
mistake the character of the spirit, which they
recommend, or by which they are actuated. When
called upon to reason concerning that Which, by
adoption, is (o become identified wi(h the national
character, I am bound to speak of it as it appears
(o my vision. I may be mistaken. Yet, I ask the
question : is not the spirit which it breathes dis-
graceful 1 Is it not disgraceful to abaadoa th«
exercise of all our commercial rights, because our
rivals interfere with a part ; not only to refrain
from exereisio^ thai trade which they prohibit,
but for fear ofgivlng offence, to decline (hat which
they permit 1 Is it not disgraceful, after inflam-
matory recapitulation of insults, and plunderings.
and burniDgs, and coafiscaiions. and murders, antl
actual war made upon us, to talk of nothing but

1 talk of n

rations, of

r rights, and retreating failhi

" " ' ■ e beadopte

■ concerning

!, this whole

alternatives, of general declarations, of still lonaer
suspension of our rights, and retreating farther
out of " haroi's way 7" If ibis course be adopted

by my couotry, I hope I a

its real character. But to my si

report is nothing else than a recommendation to

us of tbe abaodonmentof our essential righisand

apologies for doing it.

Before I, sit down, I feel myself compelled to
notice some observations which have been made
in different quarters of this House on the remarks
which, at an eviy stage of this debate, I had the
honor of submitting to its consideration. My
honorable colleague (Mr. Biooh) was pleased lo
represent me as appealing to the people over the
heads of the whole Government, against the au-
thority of a law which had not only the sanctjea
of all the legislative branches of the Government,
but also of the Judiciary. Sir, I made no such
appeal. I did not so much as Ihraaten it. I ad<
mitted, expressly, the binding authority of tbe
law. But I claim a right, whicn lever will claim,
and ever will exercise, to urge, on Ibis floor, my
opinioQ of tbe uaconstilulianality of a law, and
ray reasons for that opinion, as a valid ground
for its repeal. Sir, 1 will not only do this, I will
do more, if a law be, in my apprehension, dan-
gerous in its principles, ruioous ia its consequen-
ces, above all, if It be unconstitutional, 1 will
not fail in every fair and honorable wav to awa-
ken the people lo a sense of ilietr peril; and to
quicken them, by the exercise of their Coastitu-
liooal privileges, to Vindicate ihemselTes and
their posterity from ruin.

My honorable colleague (Mr. Bacon} was alia
pleased to refer to me, " as a man of divisions and
dislinclions, waging war with adverbs, and deal-

.yGooglc

765

fflSTORT OF CONGRESS.

764

H. OF R.

Fartign Relationt.

December, 1

ing in Hruiea." Sir, I am sorry ihai my bonoT-
able colTeagae should tioop ''frnm his pride of
place," I c aach humble game as my poor atfle
presents to him. Ceriainly, Mr. Speater, 1 can-
nol but confess ifaat, "deeming hign" of (he stB-
lioD which I bold ; sltDdina:, as it were, ia the
awful presence of BnBssembfed people, lam more
than ordinarily ftnzious, oq all occasions, lo select
the best thoughis in my narrow storehouse, and
to adapt to them the most appropriate dress in my
intellectual wardrobe. I know not whether, on
this account, 1 am jusilv obnoxious to the asper-
ity of my honorabfe cofleaeue. But, on the sub-
ject of figures, air, this I inow. and cannot re-
frain from Msuring this House tnat, as on the one
band, 1 ahall, to the extent of my humble talents,
always be ambitious, and never cease stiiviDg to
make a decent figure on this floorj so, on the
other, I never can be ambitious, but, on the con-
trary, ahall efer strive chiefly to avoid cutting a
figure like ray honorable colleague.

The gentleman fromQeorgia,|'Mr.TRODF,) the
Other day, [old this House that, il commerce were
permitted, such was the alaie of our foreign rela-
(ionn, none but bankrupts would carry on trade.
Sir, the honorable gentleman has not attained cor-
rect information in this particular. 1 do not be-
lieve that I slate anything above the real fact,
when 1 say that, on the day this Legislature as-
aembled. one hundred vessels, at least, were lying
in the different ports and harbors of New Eng-
land loaded, riding at single anchor, ready and
anxious for nothing so much as for your leave to
depart. Ceriainly, this does aoi look much like
any doubt ihat a field of advantageous commerce
would open, if you would unbar the door to your
citizens. That this was the case in Msssachu-
sells 1 know. Before 1 left that pan of the coun-
try, I had several applications from men, who
atated that they had property in aucb situations,
and soliciting me to give them the earliest infor-
mation of your pro^Me policy. The men so
applying, I can assure the House, were not bank-
rupts; but intelligent merchants, shrewd to per-
ceive their true interesU; keen to pursue them.
The same honorable gentleman was also pleased
to speak of " a paltry trade in potash and codfish,"
and to refer to me as the Representative of men
who raised " beef and pork, and bolter and cheese,
and potatoes and cabbages." Well, sir, I confess
the fact. I am the Representative, in part, of
men, the producis of whose industry are beef and
pork, and butter and cheese, and potatoes and cab-
bages. And let me tell that honorable gentleman,
that 1 would not yield the honor of representing
such men, to be the Representative of all the
growers of cotton and rice, and tobacco and indi-
go, in the whole world. Sir, the men whom I
represent, not only raise thohe humble articles,
but they do it with the labor of their own hands,
Tvith the sweat of (heir own brows. And by this,
. their habitual mode of hardy industry, they ac-
quire a vi^or of nerve, a strength of muscle, and
spirit of intelligence, somewhat charac tens lie.
And let me say to that honorable gentleman, that
the men of whom I speak will not, at his call, nor

at the invitation of any man or set of nden from
bis quarter of the Union, undertake to " drive one
another into the ocean." But, od the conlrary,
whenever they once realize that their rights are
Invaded, they will unite, like a band of brothers,
and drive their enemies there.

The honorable gentleman from Kentucky, (Mr.
JoBHSOH,] speaking of the embargg, said, that
this WHS the kind of conflict which out fathers
waged; and my honorable colleague (Mr. Bacon)
made a poor attempt to confound this policy with
ihe non-intercourse and non-importation agree-
ment of 1774 and 1775, Sir, nothing can be
more dissimilar. The n on- intercourse and aoii-
imporlation agreement of that period, so far from
destroying commerce, fostered and encouraged It.
The trade with Great Britain was indeed volnn-
tarily obstructed, but the enterprise of our mer-
chants found a new incentive in the commerce
with all the other nations of the globe, which
succeeded immediately on our escape from the
monopoly of the mother country. Our naviga-
tion was never suspended. The field of com-
merce at that period, so far from being blasted by
pestiferous regulations, was extended by the eflect
of the restrictions adopted.

But let us grant all that they assert. Admit,
for the sake orargumeot, that the embai^D, which
restrains us now from communication with all
the world, is precisely synonymous with that
noD-intercoutae and n on -import a lion which re-
strained us then from Qreat Briiaio. Suppose
the war, which we now wage with that nation, is
in every respect the same as that which out
fathers waged with hor in 1774 and 1775. Have
we from the effects of their trial any lively hope
of success in our present attempt T Did our
fathers either effect a change in bei injurious
policy or prevent a war by non-intereaurse 1 Sir,
they did neither the one nor the other Her policy
was never changed nnlil she had been beaten on
our soil, in en eight years' war. Our fathen
never relied upon n on 'intercourse and Don-im-
portation as measures of hostile coercion. Thty
placed their dependence upon them solely ai
means of pacific influence among the people of
that nation. The relation in which this country
stood at that time with regard to Great Briuin,
gave a weight and a potency to those measures
then, which in our present relation to ber, ve
can neither hope nor imagine possible. At that
time we were her Colonies, a part of her family.
Our prosperity was essentially hers. 8a it was
avowed in this country. So it was admitted in
Great Britain, £very refusal of intercourse
which had a tendency to show the imparlaoce of
these then colonies to the parent country, of the
part to the whole, was a natural and a wise means
of givioir weigbt to our remonstrances. We
pretended not to control, but to influence, by
making her feel our importance. In this attempt
we excited no national pride, on the other side of
the Atlaniic, Our success was no national deg-
radation, for the more we developed our resources
and relative weight, the more we discovered the
'.rcugth and resources of the British power. We

.yGoogIc

raSTORT OF CONGRESS.

Deccmbbr, II

Foreign Belatum».

H. OF R.

were then compoaent parts of it. All the niea-
sares of the CotoDiei, aalecedeDt to the Deelara-
ralioo oriadepeDdeQee,had this priQci pie for iheir
basis. As such, noD-impartatioa and DOD-iDier-
coarse were adopted in ibis country. As such,
they met the co-operalioa of the patriots of Great
Britain, who deemed tfaemselTes deviating from
none of their nalioual duties, when they arotred
themselrea the allies of Americaa patriots, to
drive through ihe influence of the loss of our trade,
the miaisiry from their places, or their measures.
Those patriots did co-operate with our fathers,
and that openly, in exciting diaeontent, under the
effect of our non-intercotirse agreements. In so
doing, they failed in noae of their obligaiioos to
their sovereign, (n no nation, can it ever he a
failure of duty to maiataio that the safety of the
wliole depends on preserving its due weight to
every part. Yet, notwithstanding the natural
anil little .^.uspicioas tise of these instruments of
influence, notwithstanding the zeal of the Ameri-
can people coincided with the views of Congress,
and a migh typarty existed in Qreat Britain, openly
leagued, with our fathers, In give weight and
. effect to iheir measnreg, they did not effect the
purposes, for which they were put into operation.
The British policy was not abandoned. War
was not prevented. How then can any encour-
agetnent be drawn ftofii that precedent, to sup-
port us under the privations of thepreieni system
of commercial suspensiool Can any nation ad'
mit that the trade of another is so important to
her welfare, as that on its being withdrawn, any
obnoxious policy must be abandoned, without at
the name time admitting that she is no longer in-
dependent? Sir, I could indeed wish that it
were in our power to r^ulnte not only Great
Britain, but the whole world, by opening or clos-
ing oar ports. It would be a glorious thing for
oar country to possess such a mighty weapon of
defence. But, acting in a public capacity, with
the high responsibilities resulting from the great
interests, depeadaot upon my decision, I cannot
yield to the wishes of love-siclc patriots, or the
vision* of teeming enthusiasts; 1 must see the
adequacy of means to Iheir ends, I must see^ not
merelv thai it is very desirable that Great Bntain
shonld be broaght to our feet, by this embargo,
but that there is some likelihood of such a con-
sequence to the measure, before I can concur in
that uoirersal distress and ruin, which, if much
longer continued, will inevitably result from it-
Siuce, then, every dictate of sense and reflection
convinces me of the alter futility of this system, as
a means of coercion, on Great Britain, I shall not
hesitate to urge its abandonment. No, sir, not
even althotigb, like others, I should be assailed by
all the terrors of the outcrv of British influence.

Really, Mr. Speaker, I know not how to ex-
press the shame and disgust with which I am
filled, when I hear language of this kind cast
out upon this floor, and thrown in the faces of
men, standing justly on nomeaoheight to the con-
fidence of tbeir countrymen. Sir, I did, indeed,
know that such vulgar aspersions were c ire ulatiag
among the lower passions of our natare. I kttew

that such vile substances were ever tempering
between the paws of tome printer's devil. 1
knew that foul exhalations like ihene daily roae in
our cities, and crept along the ground, just as
high as the spiriis of lampblack and saUne oil
cuuld elevate ; falling, soon, by native baseness,
into oblivion, in the jakes. I knew, too, that this
speclES of parly insinuation was a mighty engine,
in this quarter of the country, on an election day,

Elayed off from the lop of a stump, or the top of a
ogshead, while the gia circulated, while barbacue
was roasting ; in those happy, fraternal associa-
tions and consociations, when those who speak,
otter without responsibility, and those who listen,
hear without scrutiny. But little did I think,
that such odious shapes would dare to obtrude
themselves, on this national floor, among' honor-
able men ; — the select representatives, the confi-
dential agents of a wise, a thoughtful and a vir-
tuous people. I want langnage to express my
contempt and indignation at the sight.

So far B9 respects the attempt which has been
made to cast such aspersions on that part of the
country which I have the honor to reprerent, I
beg this honorable House to underslanJ, that so
Ion? as tbey, who circulate such insinuations,
deal only in generals and touch not particulai^.
they may gam among the ignorant and the stupid
a vacant and a staring audience. But when once
these sugseslions are brought to bear upon those
indlvidusTs, who in New England have naturally
the confidence of iheir countrymen, there is no
power in these calumnies. The men who now
lead the influences of that country, and in whose
councils ihe people on the day when the tempest
shall come will seek refuge, are men whose stake
is in the soil, whose interests are identified with
those of the mass of their brethren, whose private
lives and public sacrifices present a never failing
antidote to the poison of malicious invectives.
On tuch men, sir, parly spirit may indeed cast its
odious filth, but there is a polish in their virtues,
to which no anch slime can adhere. They are
owners of the soil ; real yeomanry ; many of them
men who led in the councils of our country in
Ihe dark day which preceded the national inde-
pendence; manv of them men, who, like my
boDorable friend from Connectioui on my left,
(Mr. Tallmioqb,) stood foremost on the perilous
edge of battle ; making their breasts in the day of
danger a bulwark fur their country. True it is,
Mr. Speaker, there is another and a much more
numerous class, composed of such as through de-
fect of age can claim no share io the glories of
oat Revolution ; such as have not yet been blest
with the happy opportunity of "playing the man"
for their country; generous sons of illustrious
sires; men, not to be deterred from fulfilling the
high obligations they owe to this people by the
sight of foul and offensive weapons. Men who,
with little experience of their own to boast, will
fly to the tombs of their fathers^ and questioning,
concerning iheir duties, the spirit which hovers
there, will no more shrink from maintaining their
native rights, through fear of the sharpoess of
malevolent loDgaes, than they will, il put to the

.yGoogIc

HIBTORT OF OONGKBSS.

Foreign Rdatiotu.

DBOBMBEit, 1808.

tiia), ihriak from defe&diDg Ibem through feiT of
the sharpness of tbeir eoenikes' iwordB.

Whea Mr. ftctNCV bad concluded, the House
adjourned trtibouc (skiog a queition.

Thursdat. December 6.

Od moiioD of Mr. Newton, ibai tbe nnSniEbed
basineu ofvesterday, depeodine at the time of
adjournmeDi, do lie on tbe table; and that the
House do aow resolve itself into a Cormnittee of
the Whole on the amendatorv hill authorizing
the Fresideat to emplof an BdJilianal number of
Teveoue cullers: and the question bein^ taken
thereupon, it was leaolved in the affirmsliTe.

The House accordinglj' resolved itself into tbe
taid Commttlee ; end, after some time spent there-
in, the bill was reported without amendnieat, and
ordered (o be engrossed, and read the third time
lo-day.

FOREIGN RELATIONS.

The House then resumed the consideration of
the first member of the first resolution reported
on Thursday last from the Comiiiitiee of the
Whole, which was depending yesierdav at the
time of adjournmeot, in the words following,

"Betohtd, ThalllM United Stales cuinot, wkboQt
a Mciiflce of their rigbta, hanor, and independaace,
■ubmit to the lata edicts of Great Biitain."

Mr. Key aaid that it was with much regret that
he had seen the course which the dehaie on the
first resolution had taken ; as the propositions con-
tained in that resolution met his entire and full
approbation, he could hare wiahed that instead of
tbe discQEsiaa which hadtakeoplace, a silent, dig-
nified rote, the spoataneous efiect of feeling and
judgment, had at once passed. It would have
been a belter course, would have had a better ef-
fect, and kept the American mind from the im-
praasion which the protraction of the discussion
must hare occasioned, when taken in connexion
withthesubjeci. A TicwhoweTeroftheembargo
<had been gone into in respect toils past eSecisat
home, and its probable future efiects at home and
■bread. Asihat course had been adopted, he taid
he should find an apology, for the iioie which he
ahoald occupy, in the present eveuiful crisis, and
the interest it unifertally excited.

1 did myself beticT* (said Mr. Sky) that the
first resolution was an abstract proposition, and I
alill think so, although gentlemen consider it ipe-
ctal, but surely ■ special proposition may be an
abstract one. That which I consider an abstract

Kropoiition, is one out of which no future legis-
itive proceediogi can grow ; bull agree that the
crisis well warianu %a expretsion of the public
voice.

1 shall take up the r«port and resolutions as a
system, not wiiu a view to condemn the report
at alt, for 1 take it as gentlemen wish it to be con-
sidered. I understand tbe gentleman from Mas-
sachusetts (Mr. Bacon) as stating that the com-
mittee on our foreign relations had said nothing
oflbeembargo. Itwasnotnccessary, Mr. Speaker,
that they should; for the embargo iaw continues

in operation until repemUd. But inrely it must
be lecoUeeled that the Committee on Foreign
RetaiioDE in their resolutions seem tocoDsider the
system which they recommend, as including a
continuance of tbe embareoj and I trust I meet
(he committee on fair ana firm ground, when I
consider their assent to be implied to the contin-
uance of the embargo, and that it is their opinion
that the measures which they recommiwd, united
with the embargo, form an efficient sysieai proper
for the American people to adopt at thia time. I
shall neceasarily tberefoie endeavor to answer
gentlemen who have considered tbe embargo as
a wise measure for the American people ; that
they are competent to bear it; and that it ivill, if
guarded moresedolousiy, yet workout thepolitical
salvation of our land. ;

That the embargo isa measure severely felt by i
our country at large, and by some portions of it ,
to a very eminent degree, cannot be denied. I
did not expect lo hear its effects contradicird;
but they hare been in tome measure softened by
the honorable chairman of tbe committee. I
think the pressure of this measure great, and in .
some places requiring all the exertion of patriot-
ism to support it. And asaproofof it, the mem- '
berson this floor from different parisof the Union
have only contended which section suflered mosL
Ameinb«r frojn Massachbsetts, (Mr. Q,oincy,) be-
cause he conceives that thirty millions of dollars
have been tost to the Eastern country by the
measure, hence concludes that the Eastern coun-
try suffers roost. The gentlemen from the South-
ern country say that they raise seventy millions of
pounds of cotton, of wnich but ten millions are
consumed at home, arid the whole of the reaidue
remains on hand; and that having seveD-tenths
of tbeir produce unsold, conceive that they most
sensibly feet tbe weight of this affliction in their
country. A tnember from Virginia (Mr. RaK'
noLm) will not yield the palm of oppression to
either. " I live (said the gentleman) in the ceotre
' of thetobacco country, whether you draw the line
' from East to West, or from Nortli to South. We
' ate not less pressed than others, for we have no
' vent for this article ao obnoxious in itself, but
' which the taste of mankind has tendered aeces-
' sary." Now, with great defereikce lo all these
gentlemen, 1 say that my country suffers most.
The Southern country possesses its staples, which
but remain on band ; their value only diminished
by the non-export. Tobacco and cotton may be
preserved without material injury for a length of
time. We know that at the close of the Revo-
lutionary war tobacco bore a greater price than
previous to its commencement, and amply rcmu-
erated tbe holders. But I represent an agri-
cultural country. What can resuscitate wheat
devoured by the fly 1 What restore flour soured
in the barrel t Our produce perishes, the subject
is destroyed. So far therefore as I represeot an
extensive and fertile farming district, 1 will not
yield the palmof pressure to the cotton aud tobac-
co country. So great has been (be feeling of the
people that it lias wrought a wondrous change
in (he State which I have the honor to represent;

.yGoogIc

HISTORY OF CONGRESS.

Dbcehbeb, 1808.

Foreign Relationa.

H.orR.

Dot in men who are either deluded or deceived,
as iDliiaaled by the geallemaa froia Tennessee,
(Mr. Campbell,) but meo who, by the pressure
of ibe embargo itself, hare been drivru to reflec-
lioD, and b; refleciioo removed the film from iheir
ejrea, and thereby seen their true Inlereati more
diatiDctlf. lo the course of the last Winter, ibe
Legi^latare of tbe Slate of Maryland, believing
that the Orders in CouacII Justified the embargo,
and that it was a wise coeasure, approved of it.
Succeedlog elections have taken place, and the
present House of Representatives tells you that it
is most ruinous and oppressive. Such certainly
are its effects in the State of Maryland ; and I
should illy represent my own district, if I did not
so declare. Geutlemea will say that 1 should
rather be pleased with ihe change than regret it ;
but, so help me Gad, Mr. Speaker, 1 am much
less anxious what description of citizens admin-
isters tbe affairs of tbe couolrv, than that Ibey
should be well adminislered; that it should pro-
tect the liberiy, give to labor its just reward, and
promote the bapphiess and prospetil)' of the ctl-

Bui it is alleged, by the honorable chairman of
the committee, (Mr. Caufbgll,) that this is a de-
lusioa ; that the people do not comprehend the
subject^ iit that ilis the Orders in Council which
have produced our emharraaimeots, and not the
embargo. Here then, sir, I am precisely at issue
with that learned and honorable gentleman. 1
coDleod that the pressure on the people is caused
by ihe embargo.aad not by the Orders in Council.
However speculative theorists may reason, there
is proof abroad, anil stubborn facts la contradict
their reasoning. Test the market from Boston to
Savannah, as to tbe price which you may ^et at
aineiy days credit, the embargo being coatiaued,
or on conditian that the embargo be repealed in
thirty days. Is there no difference in tbe price
nader these circumstances J I know well from

experience, and the whole country knows,ihai if
the embargo be now taken off the price of every
species of produce will rise fifty per cent. The
depreciation in price then flows from th* embargo.
Remove it and they will give you more ; keep it
on and they will give you less. These are stub-
bom facts, and every man who has gone to the
market will attest tneir correctness. You may
reason as you please ; but there is not a farmer
that can be reasoned out of his senses, especially
when they are sharoened a lillle by neceisily. 1
hold these facts to be mare conclusive than any
abstract reasoning to prove that tho embargo does
work a diioinutioa in tbe value of the articles
which we have for tate. If this be the case, it
ruuliH, sir, that we must ascribe to the operation
oflbatmeasuretbelossoar country now so ffreatly
feels. Our citizens are not so uninformetras the
gentleman from Tenaeas^e imagines- He thinks,
and 1 agree with him, that the public voice will
be generally right when the people are well in-
formed. They have seen all the official commu-
nications which have been published, andare com-
petent to judge whether the Orders in Council
joslified Ihe embargo, and whether, if the embargo
lOtb Coa. 2d Ssu.— 25

had not been laid, they would have wrought that
effect which we now so sensibly fee!. Instead
of being deluded, sir, ibeir eyes are opened, and
the film removed ; and they see that the embargo
was not justified by necessity, and as far as their
opinion has been expressed, thai it was impolitic
and unwise.

The gentleman seems to think that the country
cannot feel much because it feeds well j but we
may feel and feed at the same time. It is plenty
that we complain of. Our surplus is touched by
this torpedo, the embargo, and is thereby rendered
useless. But gentlemen say thai if the embargo
were now taken off, we could nut trade ; and a
calculation has been entered into by the genile-
man from Tennessee in opposition to one made
by tuB at (he last session. 1 have not seen my
calculationfor months, sir ; it is before Ihe public —
the gentleman's statement will go to the same
tribunal, and I am willing to commit my slender
lepuiBiion to thecountry for the accuracy of mine,
aiid lei the people judge between us. ' Toe gentle-
man tells you that we have no commerce to re-
sort to which would be either safe or profitable.
It is strange we cannot confide tbe decision of
this question to commercial men — for what com-
mercial man would undertake a voyaze which
shall be attended with certain rumf I had
thought that men of great experience and infor-
mation, and whose knowledge was sharpened by
interest, might be safely confided in. But mer-
chants, whose habits of life have led them to cal-
culate, whose information extends to every part
of the world, are nut to be trusted with the pro-
secution of their own interest, but we must kindly
take it in hand for them 1 Sir, I contend thai
commerce had better be left free for merchants to
Gad a market, which every one knows they would
dg, from their eagerness now lo ship. If they
could not export with safety, or profit, they would
lay a voluntary embargo, ten thousand times bet-
ter than a coercive onej the very necessily of
coercion shows that our merchants would sail,
were it not for the embargo. I contend, that
the embargo is ruinous and oppressive. Need I
say anything further on the subject 1 Look at
the country. The courts of justice shut in one
of the Southern States; executions suspended in
a Staleconliguous to this; and Maryland reduced
to the same necessity, from the circumstance of
there being no market far our piaduce. So great
is the pressure that the people nave it not in their
power lo pay their ordinary debts j and how elo-
quent is the fact that in a moment of peace (far
certainly tiiere is not war) we are compelled to
arrest the current of justice. The legislative acts
depict thesiiuatiiin of the country more strikingly
than volumes of argumenL The Slate Li-gisla-
tures know the inability of their citizens lo pay,
and hold out a kind hand to assist them.

In point of revenue how does it work? The
honorable chairman of the commiuee, (Mr. Camf-
BBLL,) in a speech of great learning and iovesti-
eatioD, lold us that the Treasury never was more
full. I wish thedocumenis were before the House
to cottrince as of it. But did an atom of it flow

.yGoogle

771

HISTORY OH" CONGEESS.

H.D

Foreign Relationa.

December. 1808.

in from ihe operaiioa of the cmbargol If there
be such a surplus, it only shotvs the bunifictal
operailoD of ihe syMem pursued anterior to thi'
embargo. Whot is \o fill your Treasurv now. if
the people cannot Hell their produced What will
in this case become of your source of wealth in
the Western country ? The people can neither buy
lands, nor buying, pay lur them. Where ia [ht
impost duly, which has supported the Govern-
ment, and Funk to a considerable degree the na-
tional debt? The momeot you prevent all iiu-
poriaiion, there is an utier extinction of impost

athor

lability

dnce any from the people at
rich country, abounding tn the necessaries of life;
we have money's worlh, but no money. Nor can
our people by any practical means raise money
lo defray the expenses of State GoTPrnmenls,
much more of that of the Unitc^d Stales. I eni
in the country, sir; I cannut culled my rents, my
neighbors cannot sell wheat or tobacno. All is
■topped. I ask then what physical ability vie have
to discharee the Siaie taxes", or any other 1 We
have no olher way of getting money but through
the sale of our produce. Gentlemen say that our
revenue VI ould fall just as short, supposing the em-
bargo to he rallied. That is begging the question,
air. They assume that fur a truth which ihey
ought to prove in the first instance. Leave com-
merce open, and you will soon have money in re-
turn for our produce, or that which will procure
it. Revenue is the life of Government, and lei
IDe suppose gentlemen to be siitins^ here thirteen
months hence, on the fimt of Jdnuary, 1810.
Where is your revenue then io come from ^ Yuu.
have dried up every source of the national wealth.
What mu*l you del Either borrow or raise
money by^ direct laiatioa. There is no doubt
what must be resorted to; and it was touched
with great ability, thcush slightly touched, by the
eenileman from Vir([tnia (Mr. RAifnoLPii) as to
tite consequences which mu<i grow out uf ^uch a
■ystem as direct taxation. This species of taxa-
tion is not consonant to the senilis of the country,
to the habits of our people — it comes too close to
the pocket of the ajriculiUrist, and is besides a
source of revenue which ou^ht to belong ezclu-
aively to Ihe States. I hold it as a political truism,
that upon thesovereigrilyand independenceofeach
State, as guarantied hy the Conslitulion, do our
liheiliei depend. I know that some of the ablest
men in America opposed the adoption of the Fed-
eral Conslitulion on this ground: thalthe Gen-
eral Government being raired and supported on
ezterr.al mailers only, ifth^ time abnuld ever ar-
rive at which foreign eomraeree should ceaie, .ind
internal taxes be resorted 1o,lhalgreat would be the
conlliei between the officers of the State and Gen-
eral Governments, which vrould ultimately end in
the prostration ofSiaie rights. Gentlemen cull the
erabargp, in silken phrase, a tempuray suspension
of commerce. I will call ii hy its own name; it
is belier kniwn to the people hy it. 1 conlcnJ
that ibe embargo now hiiJ is a perpetual em-
bargo, and no member of this House can con-
■litutioaally say it is otherwise ; for the immedi-

diate Representatives of the people have so pluyed
the game as to leave the winning trump out
of their own hands, and must now have a co-
incidence in opinion hnth of the Senaie and
of llie President of the United Slates to effect ita
repeal. If ibe whole of this body were to consent
\o a repeal, and a majority of the Senaie, yet the
President might resist them both. Is ihere any
limilaiion lo the law on the statute book? No;
hut there ia a power given to ihe President to sus-
pend it in the whole or in pan, in the event of
certaift eonlingenciea. Have ihoseconlingenciea
happened? Are they likely tohappeni No, sir;
and these are the views which J take of the sub-

f'ecl. America, anxious to set rid of this burden,
las proffered lo take it off, if either of the two
bellipcrenls would relax iheir edicts in our favor
in relation to such one, keeping it on in relation
to the other. What says the sarcnslic Britisb
Minister? Why, nir, thai they have no cause of
complaint; that it w.iH-laid by the President as a
.pncauiionary measure; and they were told \>j
our Miriisier thai it was not to be considered as
a hostile measure. What says France I She
gives us no answer, say gentlemen. Aye, .■iir—
and is that true? Have we indeed received no
answer? I think we have one that wounds out
(eelings as deeply as the answer of Mr. Canning.
It is the >ilualion of our Minisier abroad, who
SAys he dare not ask for an answer, because the
asking it might be injurious to our I'nuse. Wiial,
have we a Minister abroad, and is he afraid or
unwilling lo make a propu!jiitr>n tu the Govern-
ment where he is resident? Surely, sir, that state
of things furnialies as deBnite an answer as any
that could could be given. We have no hopes
Iliat either will remove its edicts. Sir, I coatider
the embargo as a premium to the commerce of
Great Britain. 0<'nlletnen s^y that she is ■ great
Power, a jealous Power, and possessed of a mo-
nopolizing spirit. If these views be corrrcl, by
annihilating onr commerce, do we not yield ih«
aeas lo her, and hold out an inducement IQ her
forever to continue her orders in force? What
prospect is there that the em*<arKo will be remov-
ed 1 It cannot now be got rid of by a role of this
Huuse. We are saddled with it. II we cast our
eyes to proceedings elsewhere eonsijiulionally
held on Ilie same subject, we shall find that it ii
main sliil farther to oppress and burden the
people of this country wiih increased rigor.

As a measure of finance it has laid ihe axe to
therooi. The tree is down that bore the golden
fruit, and will not again grow till we ease our-
selves of this measure. In a fiscal point of view
I cannot then fur my life think it a wise or provi-
dent measure. But asapfeparalioo for war, ii is
worse; betause it produces a drRciency of
out of which witr alone' cannot he sustained.
Instead of having money fur your surplus pro-
duce, it rols upon yuur hands; insieail of receiv-
ingaregalar revenue, we have arrested ili course,
and dried up the very source of the Ibuniaio.
As lo prepnraiion al home, which is ihe only pre-
jiaratiun eonieroplated io make, whal or whom is
It against? Against France? She cannot eomg

.yGoogIc

HISTORY OP CONGRESS.

774

Dbcehhr, 1808.

H.orR.

bere. Or againsi BosIbiu), who, with the moDo-
poljf of commerce which you lesre her to enjoy,
has no object fuTlher to annoy yoa 1 1 belitrve.
as a pirparatiOD for war, the best expedient noulil
be to get as much mxney as we could, lo send
onl our sorplus produce and bring back the sup-
plies Decen«Bry for an array ifto be rnised at sit —
to arm and di«:ipliQe ibe militia. A railing of
tbe embargo would be a prepirniion for war — it
would bring ns articles of (he Brat necesiiiy for
oar atirplus. But 00 a continuation of (he em-
ba^o. ihiogs must progress from bad to worse.

Another thing, tir; I do not now mean to laiie
■ Const itD (ion rI view of the subject— bnt will
not gentlemen pause and reflect oil the conlinu-
aoce of the embargo? It is well known that (he
General Gorernroenl grew out of a spirit of com-
promise. The great author* of that instrument
were well acquainted with (he term embargo.
A temporary embargo, for the purpose of sending
out a squadron or concealing an equiprtfent, was
well understood. Bu( I ask every one who hears
tne, if a lueslion had been agitated in conTeniioa
to giTB Congress a power to lay an embargo for

Stales would have agreed to it 7 Does any man
beJieve it ? Ni> man who knows the country can
believe it. With what sedulouv anxiety did they
aay, in a negative provision of the Constitution
that Congress should not lay an eiport duty
Ton are prohibited the minor power of taiinp
exporta, and yet you stop exports altogether "
an indeGniie term. I( is utterly inconceival
that Ibe States interested in commerce shot
have given their assent to any such powers
self-deitrnciive. If ihey had given them, they
ought lo be most clear; not by implica'
most maDifest. The exercise of powers
■cling principles most dear (o every part of the
community, ought to be assumed with the ulmosi
caution. Under thai view, except (he measure
be most wise in itself, and its effects most clear,
tbe Government ought not to continue the em-
bargo. But why is it lo be continued? We
have lakeo tome view of its effects at home.
Let us sec what eSecis may be expected (o be
produced by it abroad. An honorable genth
(old ni an hundred millions were saved by U
the embargo, a sum nearly equal to the v
exports of (he United Stales for one year, ex.
in^ (he capital employed. The first two or
leizurei of vessels, sir, would have sent a
tbfoad, and (he danger been so immine
would hare voluotartly retired from desi
There are no reasonable data from which to infei
iba( one hundred millions of oar property could
■( anv one time have fallen a prey. Some few
vessels might have been taken, hul the rest would
have escaped the grasp of the Power, which hat'

I will now examine the character of this mea-
sore ; for upon my word, nir, it seemi a political

! feel i

eirtcl<

verely. The President (ells you it

of preraulion only; and yet we are Kild by (he

geademen tbB( it is a apeciei of war, which Amei'

ica can best use to coerce the two greaiejit Pow-
(?ra on (he earth, commanding lind and sea, lo
truckle at our feet. 1 know not how genilemeB
can place our connexion with foreJEfn oations io
such a predicament; whilst the President offi-
cially holds out (o ihe world that the embxrgo
was a peaceful measure, gentlemen now say that
it is a coercive one, a sort of quasi war. I recol-
lect a gentleman at the lant Eession making aa
estimale of tbe West Indies being worth an hun-
dred millions to Britain, and predicting that be-
fore the measure was ainety days known in lh«
West Indies, it would bring (hat nation to our,
feet, iha( it would act as a great political lever,
reiiting i(s futcruitf on Jamaica, and move all Bu-
rope to our wishes. Double the number of day*
have elafised, and they hold out insulting Itu-
guai^e. How then can we (rust (o (he ru(ur«
predic(ions of genilemeu? -Their error arise*
from a wantof knowledge of (he country; a ti((le
experience is worth all ihe theory in the world.
In the years 17T4-'5, an honorable feeling adopted
a oon-exportdiion and non-importation agree-
ment, more faithfully executed by patriotism than
any law since made or enacted ; for every fkmilf
refused to nse ao article which was not raised
within (he busom of its own country. Did it
produce starvation in the WesI Indies? No, sir;
ihe'pDiiliciansof that day did not so calculate.
They knew the resource:< of (hose isia u ds, and
lold them that if they would convert a part of
their su^'nr plantations into cornfields, they would
not suffer. We are nffw in Ihe habit of over-
valuing ourselves and undervaluing onr enemies.
Come the day when it will, we shall have no ig-
noble foes (0 mee(.

In the Revolutionary war how did England
stand—how her islands ? For several years sho
was ot war with America, with Huiland, with
Spain, with France, whose fleets in the East and
West Indie* were often equal, sometimes supe-
rior to her own, and an armed neutrality in the
North— during this period a French fleet block-
aded the Chesapeake, and aided the capture of
Gornwatlis, and threatened tbe British islands —
but how was (his conflict with tbe world sustain-
ed? Were ihe islands starved during these
years?-did (hey fall? No, sir; (he British na-
tion braved (he storm, and was only conquered
by her sons — America was Ticiorious and inde-
pendent; bnt Europe retired discomfited. Sir,
America can again prove Tietorious, but it must
be by ether measures than embargoes — destruc-
tive only at home and without effect abroad.
It is said that one rea!:on why the embargo hat
ot premised ao bard on Greet Britain aa i( might,
:, that i( has not been so tighdy drawn aa i( may
e; that our citizens have evaded it. And, sir,
if I have any neographicnl knowledge of the
country, tighten the corJs as you may by revenn«
:ui(ers and gunbuats on the seaboard, and col-
eetors and military on land, they will escape
both. Inierest, ever alert, will avait itself of our
extensive coast and elude the taw.

But, gpndemen nay they are not aecoDnlabl*
fur the failure in Bogland, from anoiber eani^—

.yGoogIc

mSTOEY OP CONGRESS.

776

fbrtign Rdatim*.

tb« language of the public papert ind pampbleti
of the aDti'embargoisIs. The enemy, we are told,
ha« been induced lo bold out under ibe idea thai
Aioerica will yield. Sir, would Great Brilaio
relv for her oraclet on the newsp*pet»or pam-
phlelaoflhiscouDlryl Have those causeswrought
oa her a perseverauce in her measuieE? I won-
der, lir, that iu the amieiy (o find caunes, genile-
men nerer cait their eyes lo official docunieuis —
to a very imporlaul State paper inuedoa this side
the Atlaoiic — Mying thai the marshals and civil
force weie not adequate to enforce the embargo.
When the President's Proclamatioa arrived in
England, no doubt could have remained of the
effect of the embargo. Another public record ac-
companied it — an act of one of the Stales arreit-
ing eiecutions for debt duiing the continuance of
lbeembargo,and for six months arcerwanla. With
these public documents before them, the British
nation would be more apt lo judge, and more cor-
tecily judge, of the interna] situation of the coun-
try, than Tiom all the periodical publications of
Ihe day put together. Parapbleis also have been
written la this country, of wbicb it ii said the
British Ministry have availed themselves, to ia-
doce their people to believe tbat the United States
■re not capable of sufieriog. I believe we are.
The people of America are as patriotic as anypn
earth, and will rebpeci the laws,and rau&lbemade
to respect them. . They will obey them fiom prin-
ciple; they must be made to obey them if they
do not; for, while a law ii in existence, il must
be enforced. But I am somewhat surprised that

Senilemen who talk of opposilion publications in
lis country, as influencmg England, sbould de-
rive all their political data from Briiith newspa-
per publications or opposition pampbleis. British
opposition papers and pamphlets are with (hem
the best Ibiogs in the world; but nothing said
here must be regarded there as correct. Even
Mr. Baring has been quoted, who is a commission
merchant, to the greatest eiteoi perhaps known
in tbe world. The Louisiana purchase of fifteen
milljons was nothing to him as a commit
merchant. Tbe next writer referred lo, is
Brougham, brougbl before Parliament, lo assert
therightsof a body of merchants confined almost
exclusively to tbe Continenlal trade. He came
forward on their account, and the fact was dem-
onairaied, notwithstanding bis exeriions, that the
Orders in Council did not, but ibp prior French
decrees did, curtail thst commerce. So the ma-
jority thought and acted on thai supposition. II
the continuance of the embargo, then, does not

Etoduce a change in the policy of Great Briti '
y its operation on the West Indies, if they
■orl 10 documents in this country, or even
speeches on this floor, they will probably continue
the conflict of suffering as tang as we are able
to endure it, and continue out meHsQres. For my
opinion is, sir, that ihe eilent of our seaboard
affords such opportunities for evasion, ihat, un1e.tr
wesiaiioB cutters within hail of each oiher,on ou
whole coast, they will not be compeieot to carr
our laws into effect. It will be benefiting the Br
litb coloities at the expense of our own couolry.

The continuance of our measures may be pro- I

luctive of another consequence, attended with {

nore serious mischief than all others together^
he diversion oi trade from us to other cliaooels.
Look at both sides of the case. If QresI Britain

" I on, (and my predictions are not fulfilled, ox

rill persevere,) she will look for other source*

of supply, thai, in tbe event of a war, she may

not he eiiseniialty injured. She will endeavor to

oge ber sources of supply, so that no one n»-

. refusing lo deal with bet shall have it in theii
power materially to impair her interests. As to
colloo, large quantities of thu article were for-
merly drawnfrom the West Indies. Tbedeilroc-
lion of the sugar estates in St. Domingo gave n
lew direction to culilvation. They ceased togrow
□ many of the West India islands tbat article
ivbicb they formerly had raised to a considerable
;xlent,(cottan,}and which, if tbe increased labor
employed in the sugar estates, now adequate to
the supply of Europe, be not profitable^ they will
again cultivate. The Brazils will assist to take

ufficienl quantity for consumption, (and, as well
_. my memory serves me, they produce seventy
or eighty ihousand bags annually;) and Sotitb
America will, add her supplies. I grant tbat w«
now undersell these countries; but I beg gen-
tlemen to pause before ihey drive Bnglaod into a
change of commercial habits, which in ihe botir
of future peace may never be fully restored, and
inflici deep and lasting wounds upoa our
prosperity. Sir, We are told tbat we are to pro*
duce great effects by the continuance of the em-
bargo and non-intercourse with this nation. Do
gentlemen who were in the majority on tbe sub-
ject of the embargo when laid (for 1 was anxioaa
then that at least foraign nations might come and
give us what we wanted in exchange for oor
product) recollect their argument against permit-
ting foreign vessels to come and take our prodQce;
that it was privilege all on one side; that it would
be nominal to France, while Eaglstid would b«
ihe so(e carrier? Now, sir, as to the non-inter-
course system — how does that operate 1 France
has DO commerce — cannot come b«re — aud there-
fore is not Injured by herexclusion from our porta.
It operates eqlely on Ea|[Iand. If tbe argument
was then correct, to avoid the measure becauae it
operated to the sole beoefitofEoglaod, what shall
we think of the non- intercourse measure which
operates solely agaiael ber? In a commercial
riaw, therefore, and in point of inlereat, this coun-
try will be deeply benefited by a removal of tba
embargo.

But, gentlemen say that the honor of the codb-
Iry is at slake; that a removal of the embargo
would be submission to Great Briiaia, and sub-
mission to France. Huw i* our honor aOectfed
by removing it? We-say we will not trade —
withwhom? WiihthemaloneT No,Eir; theem-
bargo says we will not trade with anybody. All
nations, when ihey find il convenient, can pocket
their honor for profit. What is it we do for a
license to go into the Mediterranean 7 Do we not
pay an annual tribute to Algiers for libertjr to nav-
igate the sea safer from its c

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HISTORY OF CONGRESS.

778

Dbcbhsbk, 1808.

Foreign SetatioM.

H.ofR.

Dot an andoubted right to oarigate the Mediler-
nnran? Surely; and yet we pay anniuliy a
Iribate for permtssioii to do it— «nd why 1 Be-
cause the happiness aod ioieresi of the nnlioQ sre
promoted by it. In a mooarchy, the Prince leads
his subjeeis to war for the honor of bis mistres!,
or to avenge a petty insnii. But, what best con-
sults the honor of a Republican QorerntDeni?
Those measures which maintain the indepen-
deoce, promote the interest, and secure the happi-
ness of the indiTidnalsconipoBiDg it. And that is
ibe true line of honor which, if pursued, shall briog
viih it the greatest benefits to the people at krgc.
1 do not know, sir, atricily speaking'g whether ibe
deiiructioQof any eommercial right is dealruetire
10 the tndependeaee of the country ; for a nation
may exist independent, and the happiness of the
people be secured, withoat eommerce. So, that
the *iolaiioa of commerciul riffhts does noi destroy
oar indepea deuce. I acknowledge that it would
affect the sovereignty of the country, and retard
itf prosperity. But, are not the measures which
have been adopted, submission? No train of ar-
snmeal can make more clear ihe fact, thai, wilh-
orawing from the ocean for a time is an abandoo-
ment, iastead of an assertion, of onr rights. Nay,
I think I have the authority of the cotnmiltee for
it; for I speak' of aubmission as applieabte to the
measure recommended by the commiltee. They
say, that "a permanent suspension of commerce,
'after repeated and aDavaitiog efforts to obtain

' ing our indispuubte right freely to naTigale Ihe
'ocean." If a permansnt embargo, after repealed
offers of peace, would not properly be resistaoce,
but an abandoument of our nghls, is not a tem-
pottry embargo — and this has been a year eootiu-
ned— an abandonment for the timet Unques-
tioaably it is. So long as it eoBtinues, it does
abandon our rights. And now I will show that
il is submission, and not resHtaoee. I mainiBin
thai the embargo, aided by the seoond and third
resolniioas of the committee, does complete an
abandoomeBt of our maritime rights, and is a sub-
miMtoR to the orders and dArees.

Of what nature are the rights in contest 7 They
■T« maritime rights, and not territorial j and, to
be nsed, must be eiercised enerior to the limits
of DQr territory. Whatever measures are con-
fined within our territorial limits, is not an assei-
lioo or eojoymeni of ogr eiierior rights. Their
enjoyment must be abroad, consisting of the ac-
tual use of them. If. then, all oar measures be
confined wiihia .our jurisdictional limits, they
cannot amount to an enjoyment of the rifrbis
exterior to thoce limits. I will illustrate this, to
every man's comprehension. There is a street in
Georgetown, through which every one has a right
to pass—it is a highway. A merchant, with
whom I bare dealt for myny years, because I pur-
chase aome articles of another merchant, says I
■halt not go through that street. 1 cross over,
and his enemy says I shall not pats by bim. 1
retire home and gall a eonsnltation of my friends.
I t«U them that 1 hava entered into leaobitiona.

first, that, to submit to this will bsan abaodoil-
ment of my right lo pass and repass. Well, what
then say my friends ? Why, f declare i will nei-
ther go nor send lo either of iheir houses — have
no intercourse with them. Well, what then?
Why, I wilt- bay a broadsword and pair of pisiola,
and lock my door and stay at home. And do I
enjoy my right of walking the street by makinff
myself a prisoner 1 Surely not, sir. Now, this la
precisely our case, under these resolutions. We
say, that tosuhfflit, would bea wound on our honor
and iDdependeoee. Wecaltaconsultatioa. What
is tbe resolt of it 7 We say we will have no in-
tercourse with the nations injuring us, not with
any other; and, lastly, that we wiU arm and de-
fend ourselves at home. And, I ask, is this resiat-
ance7 IsiiBuenjoymentofoar rights, or a direct
full submission 7 Is it not an aoandooroent af
those rights to which we are entitled 7

It has been said, that the little portion of com-
mercewhieh would remain unaffected by the bel-
ligerent edicts, would belong lo ua as a boon from
England, were we to prosecute it, I do Dot on-
dersiaud it in this light. Onr right to navigate
Ihe ocean is inhereni, and belongs to us as a part
of onr sovereignty ; but, when interdicted froOL
any one place, if we go to another, we oeriainly
do not accept that commerce as a boon. I might
as well say, if a man interdicted me from going
down one street in Georgetown, that I accept a
boon from him in going down another. This is
certainly not the ease. The trading lo these plaeea
is exercising our original right, not mterfered with;
and, so far as those orders and decrees do not op-
eraie, we could calry on a legitimate trade, flow-
ing from our indisputable nght, as a sovereign
nation, to navigata the ocean. It does seem to
me then, sir, ihat the residue of onr trade might
be carried on without submitting to the belliger-
ent edicts. But, an honorable gentleman (Mr.
G.W.Cakpbell) asked me,yesierday, if wewere
to permit our enemies to take any part, whether
they would -not take the remainder 7 This, like
the horse's tail in Horace, wguld be plucked, hair
by hair, till it was' all out. True, sir, this might
possibly happen. But,wbat have we done? Why,
we have cut the tail off, for fear all tbe hair sbould
he taken out. We have ourielves destroyed all
that portion of our irade which tbe belligerenia
have not interdicted.

Taking Ihe whnle into view, then, I think that
the continuance of the embargo, as an assertion of
our rights, is not an efficient mode of resistance.

But gentlemen say, in a crisis like the present,
when each individual ought to coniribuiehis mite,
it is very easy to find fault ; and they ask for a
substitute, i want no substitute. Takeoff the
embargo. That is what I want. But when called
upon in this manner, I cannot help looking around
me lo the source whence I expected ^igherand
better information. The crisis is awful. We are
brought into it by the meana recommended by
Ihe head of otir foreign relations. I think the
President advised the embargo. If he did not, he
certainly advised Ihegunboau and the iddiiitntal
' military force. In these minor meaaDRs, wkiok

.yGoogle

779

HISTORY OF CONGRESS.

780

ELotR.

Fnvign Rtlatvmi.

Dbcehbbk, 1808.

bare beeo ia iheir conseqUeDcc* bo intrmiing,
there was no wont of advice or respODsibJLIly.
Why then, in this awful criai»,,BhBll we not look
toibesamequarterl TberesponiLbility is>l«fion
IM. We aali-embaTgoialiahoir ihat tbio{[a would
not baTe been ibus, bad out advice be«n liken ;
tod, not being taken, we bare tittle eucour-
agement to give more. Our advice is on ihe
joPrnals. We MiJ, let us bave what commerce
we can get, and bring home reiurni lo stimulaie
OUT ioduslry. I believe the declaralions of gen-
tlemen wben they lay (bat they are friendly lo
commerce; baitheir fondness for it ii the embrace
ofdAtb. They aay they wilt prdiectit; buiicis
■trange (bat tliey thould begin to protect it by
abolisbing it. I contend that ibeir measnrei bave
Dot answered the purpose* of protection, but on
the conirsrv they bave been prejudicial to it ; and
I trust in tueir candor that tbey will juin ua ia
giTiag eiattjciiy lo commerce, and removing this
preasure. The inieresis of commerce and agri-
culture are identified; whenever one increaaes,
Ibe other eziends. They progresi pari poiau.
Look at your mercantile towns j and wbeiever
Tou find one, like a pebble thrown into water, i[s
lofluence extendi in a circle more or leas remotely,
over the wbote surface. QeDttemen from theag-
ricultural country vote to support commerce, be-
cause it increases the value of their own product;
they are not so disinterested as tbey suppose, and
I believe tiie best way ii to coDsider the two in-
wparable. At I am at present disposed, could I
not obtain S total repeal, 1 would prefer a resulu-
lioD laid on the table by a gentleman (Mr. Mum-
rOBo) from one of the largest commercial cities
in the Uatoo, and who must be supposed to know
the opinion of commercial men. 1 can sca/cely
with my knowledge or underEtaading point out
■Dythias ; but if I Dave not capacity to be one of
the iru^IcBD readily perceive whether the present
system be adequate or not. 1 would let our ves-
acts go out armed for resistance ; and if tbey were
interfered with, I would makeibe dernier appeal.
We are able and willing to resist; and when. the
moment arrives, there will be bot one heart and
band throughout the wbole Union. All will be
American — all united for the protection of their
dearest rights and interests.

Mr. Lyon opposed the report in a speech of an
hour.

Mr. Debh* said be bad been particularly at-
tentive to the whole of the debates during the
very lengthy discussion of this important suoject,
and, said he, I am at a loss bow lo understand gen-
tlemen, or what to conclude from their observa-
tions. Am I to conclude that tbey are really Ameri-
cana in principle? Iwishtodoso; andlhopethey
are; but it. appears somewhat doubtful, or tbey
would not lamelj^ ^ive up the honor of their
oonntry by submitting to freoch decrees and
British Orders in Council— that is, by warmly
advocating the repeal of the embargo, without
praposing tomething as a substitute. Do genile-
nen mean an abject acquiescence to those loiqni'
tons decrees and Orders in Council 2 Do gea-
llemcn mean that that liberty and independence

ibnt was obtained through the valorona exertiona
of onr ancestors, should be wrested from our hands
without a murmur — that independence, in the
obiainingof wbiciiso much virtue wasdiaplayed,
and so mttch blood was shed? Do they mean
that it should be relinquished to our former mas-
ters without a slrugglel Qentlemen assign as a
reason why the embargo should be removed, its
ineScacy — that it has not answered the con-
templated purpose. I acknowledge that asa mea-
sure of coercion it has not come entirely up to my
expectations. It bas not been as effioient as I ex-
pected it would have l>eeo. But what are the
leasona why it has not fully come up to the ex-
pectations of its sapporiersj »:• a meaiure of co-
ercion 1 The reasons are obvious to every man
who is not inimical to the principles of our Gov-
ernment, and who is not prejudiced against the
present Administration. Was it not for want of
unanimity in support of the measure 1 Was it
not in consequence of lis having been wantonly,
shamefully, knd iofamously violated? and perhaps
winked at by some who are inimical to the prin-
ciples of our Qovernmeot ; but who have had ad-
dress and iogeouity sufficient to pr6cu re ihemaelves
to be appoiniej to office, and in which situation
tbey have obtained a certain ioflueace, and by
misrepresentations as well as clamorous exertions
bave, in many instances, led the unwary astray,
and caused the measure lo become unpopular la
some parts of the country? By improper rep-
resensaiions and fallacious st"' •- "^ — -■-—

hostile to civil liberty and tree Government, i
advocates of British policy; by the baneful op-
position of Briiiah agent* and partisans, together
'' ifugees or old lories, who still recollect

ill probability, are doing all in their power at
tnis time to assist their master Qeorge the Thitd
in bringing atiout colonization aod vassalage lo
this happy land — by beeping up party spirit lo
BUcb a height, that the tyrant ot ine ocean waa
led to believe that he had a most powerful British
party in the bosoor^f our country — and that, by
an extraordinary opposition made to ihe embargo,
we would become restless, and could qoi adhere
toaauspension of commerce — consequently would
have to relax, and fall into paying tribute, under
the OtdersofCouiTcil, to that corrupt QoTeroment,
Britain. These are part of the reasons why [he
embargo, asa measure of coercion, has not proved
completely efficacious ; and had it not he<^n for
lbiskindorconducl,our enemies would hare been
brought 10 a sense of justice, an amicable adjust-
ment of differences would have taken place. By
this iniquitous conduct they bave tried toVresl
from the hands of aovernmeDt an engine, the
best calculated of all others that could have heea
imagined,' to coerce our enemies into a sense ot'
justiQe, and bring about reciprocity of commerce,
that most desiraole object, a system of all otheri
the best suited to the peaceful genius of our
Government. But if it has hot been entirely ef-
ficacious asa measureof coeTcioDgitbas been ft-

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781

HISTORY OP CONGUESa

782

t,isoe.

Foreign Relationt.

H. OPR.

lietilailf Bemceable in maDy insiances — by keep-

)D^ US out of war, which is at all tioies to be de-
precated by civilized men, by preserving our cit-
izeox from becoming victims of British [yranny
OD board their war ships, and aecuringan im-
iBFDse amauui of Ameiican properly, that was
•ailiog on the ocean, KUpponed toainountin value
to belweeti siity and a huodred miliioo of dul-
lara, the priacipal part of which would inevitably
have fallen inla ihevoracious jawaof ihemoosier
of the deep, or ioto the iron grasp of the [yraat
Napoleon — by which, if we are involved in war,
we have preserved the leading sioews, wealth;
and above all, for preveaiiag lis from becoming
uibalary to those piratical depredators, who^e in-
evitable deierminatlon is to monopolize ihe whole
trade of (be world, by which (hey rob us of our
iohereDt rights. Ifgenilemea had come forward
vi(b proposiiioDsioadopianyiliingasasubairLute
for the embargo, thai would have prevented us
from (he d^radatioa of submission, or from fall-
ing iulo tba hands of those monsters of iniquily,
they DO doubt would hare met with support. The
friends of this measure are not so particularly at-
tached (o ii, but what ihey would willingly ex-
chan^ it for one that was less sorely felt, fens op-

Eressive, and one that would preserve oaliona!
onor, and bring about n cedress of grierances ; as
it was with extreme regret, that ibey bad to resort
to the measure of the embargo, and which could
only be wamuted by the necessity of the case.
1 am as anxious for the repeal of the embargo, as
any gentleman in this House, or perhaps any man
on the continent, whenever it can be done con-
listeat with ihe honor and welfare of (he nation.
The citizens of Kentucky, whom I have the honor
(o represent, feel its effects iu common with their
fellow men ihroughoui the continent; but their
leh that they hear it ' '

that a retrograde step at thii. time would have the
appearance of acquiesceoce, and he calculated to
mark (he Qovernment with pusillanimity ; there-
fore I deprecate war, believing as I do, (hat in
a Oovernment cons(ructed like ours, war ough(
tobe thelaslalternative. so as to preserve national
hoDDT, Aa such it would perhaps beadvisable to
adopt tomething like the second resolution that
is under consideraliou, which, in addition to the
embargo, would amount lo a complete non-later'
eonree' — which if systematically adhered to must
produce the desired effect. If it should nut, it
will at least give time to make prepaiaiions far a
more energetic appeal, which may probably have
to be the result. But let it not he understood,
because 1 am for avoiding war, as long as it can
beavoided upon honorable tetm»,ihatl amagainst
going to war when it becomes actually necessary.
No, sir, my life and (ny property are at all times
at my couotry's command, and 1 feel no hesi(a-
lioniaMyingtbat ihecitizeusof Kentucky, whom
I have the honor to represent, would step forward
with alacrity, and defend with bravery that inde-
peadence in which they glory, and in th,e obtain-
ing of whicb aome of toe best blood of their an-

I cestors was spilt ; for the degradation of tribute
they would spurn wiib manly indignation. I
would even agree to go further. From my pres-
ent impression, I would agree to a recall of our
Ministers from both England and France, and 10
a discharge of theirs; and have no iolercourse
with the principal belligerents until they learned
to respect our rights as an independent nation,
and laid aside that dictatorial conduct which has
for years been characteristic of those European
despots; for I am almost certain, under eiisl-
ing circumstances, that our Ministers in neither
England nor France can do Us any possible ser-
vice, and that (heir Ministers here can, and in all
probability do a great deal of harm, by fomenting
division and keeping up party spirit, at a (ime, too,
when unanimity ia of the utmost consequence.

As to our commerce being driven from the
ocean, 1 am not disposed to take a lengthy retro-
spect, or to examine minutely in order to discover
which of our enemies, England or France, was
the first aggreMor ; it i^ sufficient for me that both
France anil England have done nearlyall in their
power to harass and oppress us in every imagi-
nable way. I am not the apologist of either

ciple,and I trust whenever it is thought necessary
to call my energiesinlo action I shall prove myself
to be sucQ, by defending and protecting Iberighta
aad independence of my own country, from any
encroachments, let them come from what quarter
(hey may. By those iniquitous decrees of Fraocb
all vessels bound to or from England are deemed
lawful prize, and if spoken by an English ship
they werecondemncdin the prize courts of France.
When a ship arrived in any of the French porta,
bribery and corruption was practised ; in oraer (o
succeed in her condemnation a separate exami-
nation of the crew would be resorted to, as to the
events that happened on the voyage ; offers made
of one-third of the ship and lading as their portion
of the prize money, if they would give informa-
tion of their vessel haying tou<?hcd at any of the
potts of England, or (hat any English cruiser had
visited her on the voyage. Consequently, by the
French decrees, all property afloat belonging to

nation. Are gentlemen, possessing the feelings
of Americans, prepared to submit te such degra-
dation? Are tbey prepared to say the embargo
shall he raised, while our commerce is subjected
to this kind of depredation? I trust not.

As respects Ihe British Orders in Council, all
American vessels bound to French ports, or lo
any of the allies of the French, are considered
good prize in (he courts of Britain. England says
you mgst not carry on any trade (o any of the
places that I have interdicted, without obtaining
my leave — pay me a duty, aod then you shall be
permitted to go to any port — by payinsmea trib-
ute you may trade to any port you please. De-
grading to freemen ! Britain in her goodness
says, you shall have (he liberty (o bring Qour from
tlie United Slates of America to England, land
it, and re-expoN it, by paying (wo dollars on every
barrel ia[o my coffers. On cotton, which iscer-

.yGooglc

788

HISTORY OF CONGRESS.

784

H. ofR.

fbreJffn Relatioru.

DECBHeeit, 1808.

tainty a very importaot article, a duijr ia charged
on its exporlaiion of about nine pvnce per pound
.sterling; nearly equaJ lo the full value of thai
article in (he parts of America, where is is raised,
Mclusive of (he import dulj;, which is two peace
in the pound. Therefore, if our traders wish to
go 10 the Coniinent of Europe, the condition is,
■ tribute must be paid nearly equal (o the value
of the careo, exclusive of the insurance and risk.
If 1 mistake not, about tvo-thirds of the cotton
exported from this country is made use of in Eng
land; on the balance a tribute must he paid of
about nine pence sterling per pound, wiijcfa is
about twenty millionR of pounds — on a calciila-
tionlhesumswillbefound to be enormous— purely
for the liberty of selling cotton ; as also high and
oppressive duties on other articles. If these imposi-
tions are submitted to, I pronounce your liberties
gone— irretrievably lost— a blot made Id the Amer-
ican political character, never to be obliterated.
No man possessing an American heart will sub-
mit to the degradation of paying tribute to any
nation on eartTi, nor suffer the freemen of Amer-
ica to be taxed without their consent. Willgen-
tlemen say the embargo law must be repealed,
and suffer our commerce to flow in its usual chan-
nel, while (he decrees of France and the British
Orders ia Council are enforced, by which ihey
would not only be liable to seizure and cundem-
DBtion, bnt what is more degrading, pay a tribute
of many millions of dollars annually, too de^ra-
dingio bethought of with patience 1 We received
liberty in its purity from our heroic ancestors — it
is a duty incumbeul on us to transmit ittoposter-
ty unsullied, or perish in ihe undertalting.

But, sir, it has been said that the people of (he
East would not bear the continuance of ibe em-
bargo any longer— that ihey would force their
way in trade; hinting, I presume^ that they would

by which thev subscribe to those nefarious Orders
in Council, wnich is tribute of the most degrading
kind. Who are these people ot the East thai
have the hardihood to insinuate anything like
rebellion against Llie laws of the land, ot that
would wish to degrade themselves so far as to pay
tribute 1 It cannot he the descendants of the he-
roes of '76, that bravely stepped forth and fought
against a tyrant for liberty f It cannot he (he de-
scendants of those brave fellows I hat struggled on
the brow of Bunker's Hill for independence! No.
It must be ihedescendanlsof refugees or old tories,'
or otherwife it must be British agents or parti-
sans ; for no man possessing the feeling that an
American ought to feel, would throw out such
threats, or degrade himself by coming under trib-
ute. Ifpatriotism has left the land of freedom—
if it has taken its Hlghl from the mild and peace-
ful shores of Columbia— if foreign influence and
corruption has extended itselfso far that ibe peo-
ple are disposed to rebel against the Governroeni
of their country — if the dissemination of foreign
gold has had the baneful effect of suppressing all
noble and patriotic xentimenis, it is indeed time
that foreign intercourse sbould cease. If the spirit

apeec
forth

of cbmmereial speculation and cupidity had snr-
mounted all patriotism, it is lime that more en-
ergetic measures should be resorted to, in order
that the chaff might be separated from the wheat;
in a word, ihaltraiiora might be known.

Mr. Nelson said it was with very considerable
reluctance that he rose to make a few remarks
on this subject, after the very lengthy and very
eloquent discourse of the gentleman from Mary-
land, (Mr. Eet.) I did not intend, said he. lo
have troubled Ihe House npon this question ; hot
as lam aman who generally speaks offhand, it is
necessary for me to answer (he argumenta ofanv
gentleman promptly, if I intend to do it at alt.
Pot this reason 1 rise to do away some faUe im-
pressions which may have been made by the gen-
tleman's eloquence on the House, and on the by-
iders, in the galleries, for i must say that his
?ch was better calculated for the galleries than
the sober members of this House. The gen-
tleman commenced hia argument with staling,
what I do not believe, with due submission, is
true in point of fact, that, although at their )asi
session, the Legislature of^ Maryland passed reso-
lutions approving the embargo, yet another elec-
tion having taken place, the present Legislature
have passed contrary resolutions.

Mr. Key said he had spoken of the House of
Renresentaiivea of Maryland, and' not of the Le-
gislature,

Mr. Nelson said the House of Representatives
have, to be sure, passed resoluii()ns bottomed on
the same principles as those on which the gen-
tleman himself has spoken, and which I have
heard echoed in theelectioneeringcampBirn from
almost every stump in the district in which 1 live.
Whilst Ihe gentleman was on this subject. I wish
he bad told us of (be philipie these resolutions
got from the Senate of Maryland. The fact is not,
as T understood the gentleman to say, that the Le-
gislature of Marylttid have passed resolutions di»-
approving the measures of the Oovernment. Bat
the gentleman intimates that the politiot of Ma-
ryland h^ve undergone a great change, and that
toe party formerly uppermost, is now under. Sir,
the question which turned out the old members
of the Legislature in the cooniy where I live,
wns not the embargo system, but a question as to
a State taw. The militia system was the stum-
bling-block which caused manyof theotd member;
to be turned nut, and thus the opposite party got
the ascendency JD one branch of (he Legislaiure
of Maryland, put, since (hateleelion, another has
taken place for members of Congress; and how
has that turned out ? Why,-sir, that gentleman
and two other snti-embargoists are elected, whilst
six men, who have always approved of it, are
b)so returned; making six to (bree. Does (bis
prove a change 7 No, sir. But we have had ano-
ther election since that. Out of eleven electors,
nine men are returned as elected who have ap-
proved this system of meaetKes. Does this prove
that the embaigo was the cause of the change of
Ihe politics of the Maryland Legislature f I Aiok

But the gentleman has said (hat [h« embargo.

.yGoogIc

HISTORY OP CONGRESS.

December, 1808.

Fhnign Bdatumt.

H. OP R.

I CouDct] aod decrees, has
of this conniry. I do

I know, afier atl the ar^menCswhith I have
heard, if the ^endeniRD listened with the fame
atientioD as I did, how fae coald make sDcb an
Bsserlion. When our ports are blockaded, and all
the world is again'at us, so that, if the embargo
was raised, we could go nowhere with perfect
freedom, can gentlemen say that the embargo has
ruined our commerce? la it doi these acts which
have shut us oul from a markef? The sentle-
smn says we may trade to England. Yes, sir,
we may, provided we will pay hII such duties at
the chooses, and go nowhere else. And would
not the doing this place us ia precisely the same
situation as we were in before the Revoluiion 1
England says we may trade with her, paying
heavy import and eiport duties, boE says we shall
go nowhere else. If you go anywhere else, she
says you shall go by England, [site a license, and
pay a dnly, and ibeo you may trade. Is it to be
supposed thai ihe people of the (Jniled Slates will
agree lothis? Are they reduced to that situa-
tion, that they will become the TSssals of a for-
eign Powei^for what 1 Why, sir, for the pro-
secution of a trade with (bat foreign Potver, who,
if her present impositions he submitted to, may
cut up our trade in any manner she pleases ; for,
through our trade, ehe will raise a reveDue to al-
most an equal amount with the value of your
whole produce carried hence. She leviesa high-
er tribute on some ariiclea than the article itself
IS worth, and this trade the gentleman wants lo
pursue. He wanLi no substitute ; " take oS the
embargo," says he, "and let us trade." Sir, if we
could ira.de spon equal terms, 1, too, should *ay,
" lake ofi the embargo, and lei us trade." But if
we cannot trade, except under the license of a
foreign Power, 1 say il would be ruinous to us.
And lias it come to this, for all the arguments go
Id thi% that the American people, for the sake of
pnunds, shillings, and pence, for the !>ake of hoard-
mg up a few pence, are logiye up their indepeod-
ence,and become vassals ofEnglaod and France?
I hear nothing from the genilemaa about the
honor of the oalion. It would appear as if geo-
tlemen on the other side of the House are willing
to sell their country if they can put money in
their pockei. Take off the embargo, they cry —
for what? money. Pay tribute — /or what 7 mo-
ney. Surrender your independence — for what?
all for money, sir. I trust the people have a dif-
ferent feeling from these geniferaen. The peo-
ple love money, sir; hut they love liberty aod
independence much better. If money had been
the sole object, the Revolution would never have
happened j and if ihat he our sole object now, the
bloi>d spill aod money spent in our Revolution
was all in vain. But the gentleman says, that
oar honor is ndt concerned ; that Republics have
none ; that their honor is to pursue that course hy
which they can make the most money.

Mr- Ket said, that he did not say that thelionor
of (he nation wa* money; but that the lii>e of
conduct was most honorable wbicb beat secured
the happinns and iodependenee of the people.

Mr. Nelson.— I ask pardon of the genilemtB,
if I misrepieiented him ; because the gentleman's
argument was quite vulnerable enough, without
my making it iQore so than it really vas. I did
understand the gentleman to say, aod had he not
radicted me, should still believe so, ihal the
If of the Republic is precisely that which
brings the most riches to the natjoo. Bu» I aik,
whether the line of conduct recommended by that
gentleman be such a one as would be proper
to secure and take care of the independenoe of the
people? Is it to secure the independence of the
people, to suffer a foreign nation to impose upon
them any terms which it thinks proper? Is it
for the honor or happiness of this nation that we
should again passunder the yokeof Great Brilaiii?
Is it for ibe honor of the nation to remove the
embargo, without taking any other measure, and
to bear with everv indignity? No, sir; and yet
[he gentleman tells you, "take off the embargo, I
want no substitute." I did not suppose, air, that
gentlemen ivho oppose our measures (for [ have
great charity for tliem) would openljf tell us to
take off the embargo, and trade as foreign nations
chooHB to dictate.

But the gentleman talks about the pressure of
the embargo. That it does press hard is beyond
doubt. It is an evil thing in itself) something
like the dose a doctor gives us ; it is a disagree-
ablo thing in itselfj but it cures your complaint.
Thus the embargo is a disagreeable thing ; but if
we swallow it, ho we ver disagree able, it may bring
the political body to health. The gentleman
gilds the pill he would give us ; but it is a slow
poison that would creep upon us, and bring on a
distemper heretofore unknown to us, that. sooner
oi; later would carry us to the grave. We take
off the embargo, and trade on their terms; what
will be (he consequence? Will they not forever
hereafter compel us lo trade as they please? Un-
questionably. And is it not betler to submit to
some inconveniences, evenlually to ioatire a free
trade?

The gentleman says that, if produce be offered
for sale, on condiiieo that the embargo be raised,
it will bring a higher price than if on a certainty
that the embargo is to be oontinued. No doubt,
sir, when the embargo is laken oS, a momentary
spur will be given to exportation ; but how long
will it continue? It will last bnl a very few
weeks. Produce will soon be reduced to its proper
level in the market. Take flour, for instance, ihe
principal article raised for exportation in the
gentletaan's district and mine. It would rise, on
a. removal of the embargo, to ten or twelve dol-
lars ; and how long would that price last? It

would be of no benefit but to ihosewho have flour
at the market-; to the merchants Who have bought
it up at a low price. Before the hooest farmer
can bring his produce lo market, the ttreal price
will be all over ; and (hough no embargo efiects
it, will be down (o its present price, of four or five
dollars ; so that, slthoogh a removal of the em-
bargo wontd redace the price of prodnce at flrit,

.yGoogIc

HISTORY OF CONGRESS.

H. or R.

F^treign Relation*.

Dbgemi

I cBDDOt see how (;«nilenieii wooliJ make that an
argamenl fur taking ofTrha rmbarEO. iribegeO'
tteman cannhow that ih« price will continue, and
thai we can traffic without dishonor, then, air,
would i cordiallir join hands wiili him, lo take
off the embargo.

But the geDtleman *ay^ that the preuure it ao
Tery great that some of the State* have paswd
laws for suspending executions, { know not what
has beeo done in other Slates on this subject, nor
what has been done in my own. If the geuile-
man has any iuformation on the subject, I should
like to hear it. A bill was before ihc House of
Delegates for thai purpose, but 1 did trust in Qod
that It would be unanimously rejected. Thr'
such a law would pass in Maryland I never ha
■n idea, because it is totally unnecessary. Thei
are fewer men confined in jail for debt on th
day than there ever were before for sixteeu yeai
that I hare been in the practice of the law i
that State. No man has gone lo jail but those
who, to Use BD emphatic eipreiaion, have broken
into jail, who were too idle to work to pay their
debt*; who would get a friend to put them into
jail, if they could get do Qlher ; and who stay
there awhile, and then come out new men. This
being the case, there can be no reason for shut-
ting the courts of justice there.

On the aubject of revenue, 1 can only *ay thai,
at preKent, there appears to be no deficiency ot
money in the Treasury. It is very ceilain that,
if Ibis embargo and non-intercdurse system be
continued long, our Treasury will run short, and
we shall hare no means of filling ii but bv loans
or direct taiatioo. But I trust and hope that be-
fore the m:oney already in the Treasury is fairly
expended, if we pursue our object, we shall get
over our embarrassments. Rather thau puraue
thi* subject mnch further, I would not only arm
our merchantmen at sea. but our citizens on the
land, and march to the North and East, and see
if we could not do them some injury in return
for all that ne hare received from ihem, even if
we should do ourselves no good by it. It would
do me some good to be able to do them some in-
jury. I eonfess 1 do not like this (Quaker policy.
if one man slaps another's face, the other ought
to knock him down ; and I hope this will be our
policy.

But the gentleman says, that the President rec-
ommended this measure to Congress as a measure
of precaution. I do believe that, at the time the
embargo was laid, it was doue ns a measure of

Ereoaution, and the President viewed it ia that
ghl. After its having answered every purpose
■s a measure of precaution, I am for conliauing
tt as a measure of coercion. For, whatever gen-
tlemen say about turning sugar planiations into
collon-Gelds, if the embargo be rigidly enforced,
that we ahall distress the West Indies very cou-
aiderably, I do believe. 1 am unwilling to involve
this country in a war if 1 can avoid it, but I am
atill more unwilling lo lake off the embargo and
embrace the proposition of my colleague ; for 1 1
have no idee of a free trade being permuted lo Us. j
In any country a war ia to be deprecated ; id this |

country particularly, where everything depend!
on the will of the people, we ought to be well
aware that war meela the approbation of the peo-
ple. We might make many declarations of war
without effect, unless the people follow us. We
try every method tooitiain honorable peace ; and
if we do not succeed, the people will go wiih us
beari and hand to war.

I shall enter into do calculations on thi* sub-
ject, sir. When the great ijuesiioo i* presented
to us whether we will submit or maintain our in-
dependence, we must determine either to do one
or ibe other : that naiiou is not independent
which carries on trade inbjecl lo the will of any
other Power. Then, lo my mind, the only ques-
tion is, shall we defend ourselves, or shall we sub-
mit 1 And on that question I will make no cal-
culations. If a man submiis, of what use are
cslcalaliorrs of money, for it may be drawn from
him at the pleasure of his master 1 Let us have
as much trade as we may, if we can only carry
it on as others please, we need not calculate about
money. We shall be poor, indeed; and, having
lost our independence, we shall not even have
money ia return for it. But ihia nation will not
submit, sir, nor will any man, who is a real Ame-
rican, advocate such a doctrine.

As to the embargo, Mr. N.said, be was not
wedded to it. If any better lystem were devised,
he would give up the present system and embrace
the belter one, let it come whence it would.

The House adjonraed without taking a quu-

Frtoay, December 9.
Mr. Lewis presented a petition of the President
and Directors of the Washington Bridge Com-
pany, pravtug a revision and ameBdment of an
-ct passed at the last session of Congress, entitled
'An act authorizing the erection of a briilrc over
he river Potomac, within the District of Colum-
lia." — Referred lo the Committee for the District
of Columbia.
Mr. Jbbehiab Mobbow, from the Committee
I the Public Lands, presented a bill to revive
id continue the authority of ihe Commissioners
of Kaskaskia; which was read twice, and com-
itted 10 a Committee of the Whole on Monday

An engrossed bill to authorize the Presideui to
Qploy an additional number of revenue cutlers
as read a third time: Whereupon, a motion
was made by Mr. Dcrell that the said bill be re-
committed to the Committee of Commerce and
Maoofaclures, farther to consider and report there-
in to the House: it passed in the negative.

The main question was then taken, that the
>aid bill do pass, and resolved in (he affirmative —
yeas 90, nays S6, as follows :

Yeis— Evan Alexander, Lemnel J. Alston, Willis
Alston, jun., Etekiel Bacon, David Bard, Joseph
Barker, Burwell BoMott, William W. Bibb, William
Blockledge, John Bloke, jun., Thomo* Blount, Adam
Bajd, John Boyle, Robert Brownt William Butler,
Joseph Calhoun, G«cnrge W. CampbeD, Matthew Claj,
John Clopton, Bidi«nl Cntl*, John Diwfon, Jooiah .

.yGoogIc

HISTOET OP CONORESS.

7W)

Dbcembbb, :

Foreign Relationt.

H.orR.

Deue, JtMcph JhAn, Duiiil M. Durall, William
Findley, Jamei Fiik, Mcabsck Frmoklln, Fruicu Qard-
ii«, Tbomu Gbotioa, jun., Pstsnoa Giwdwjii. Ednin'
Gray, IsaiBh L. Green, Jobn Hirria, John Uaister,
WiUiam Helma, James Holland, Dtiid Holmea, Ben-
jamin Howard, Roaben HamphrejE, Dnntel Ililej,
Ricliard M. Johnson, Jamei Kelly, Thomia Etnan,
PhUip B. Ke;, WiUiam Kirkpatrick, Jobn Lambert,
Edward Llojd, John Lote, Robert Marion, William
McCreery, WiUiam Milnor, Daniel Montgomarj, jun.,
John MontgoineTj, Nicholas R. Moora, TbomHB Moon,
Jemniab Morrow, Jobn Morrow, Gurdon 8. Mnmford,
Roger NelBOD,ThomaaNewbold,TheinuNewton,Wil-
BnC. Nicholu, Jobn Forter. John Rea oF Penaijliania,
John Rbeaof Tcnneaiee, Jacob Richardg, MaltbiaiRicb-
arda. Bamael Riker, Benjamin 8aj. Ebenez«r Seaver,
Samnet Sbaw, Dennia Smelt, John Smilie, Jedediah K.
Bmitb, Jobn Soiitb. Samuel Smith, Richard Stanford,
Clement Stonr, Peter Swart, Ji^n Tailor, John
Thompaon, George M. Troup, Jamea I. Van Alen,
Archibald Van Horn, Daniel C. Varfrianck. Jewe
Whartoa, Robert Wbitehill, Isaac WUbotu, Alexander
WiUon, and Richaid Winn.

NiT*-^ohn Campbell, Martin Cbittenden, Jobn
Culpeper, John Davenport, Jan., Jamea Elliot, William
Ely, Barent Gardemei, William Hoge, Richard Jack-
ion, Robert Jenkins, Joseph Lenis, jun., Edward St.
Lob LiVermore, Nathaniel Macon, Josiab Masters, Jon-
athan O. Mosely, Timoth; Pitkin, jun^ John Ruaacll,
James Sloan, William Stedman, Lowia B. bturgee,
Samuel Taggart, Benjamin Tallmadgs, Jabex Upham,
Philip Van Cortlandt, David K. Wllliama, and Nathan
Wilain.

Reioleed, That the title be, "An act lo author-
ize the President to employ an additional number

A message from the Senate informed the House
that the Senate have passed a bill, entitled ''An
■ct fartbEr to antend lac judicial system of the
United Slates ;" to which ihey desire lie coacur-
lenee of this House.

FOREIGN AFFAIRS.

The Mouse resumed the coDsideratioD of the
nnfiDLihed busitieas depending yesterday at the
time of adjoDrDtueni — the report of the commil-
lee itill noder consideiation.

Mr. d. R. WiLLiiHB said : It has become Tery
fashionable lo apologize to you, sir. for every tres-
pass which a gentleman contemplates making on
tbe patience of tbe Hoose, and I do not know
but JD ordinary cases it may be very proper ; bni
the present quealion is certainly such aa one, as
tieinpts every geaitetDan from the necMsity of
makiog any apoFagy whatever. I shall offer notie,
and for the additional reason, that I hare given
to every metnber who has spoken the utmost of
myatientioB.

Upon this qaestion, which presents itself in
crery point of view too clear to admit of a single
doQbi; eqnally UDFOsceptible of sophistical per-
venion or misrepresentatinn ; a i^nestion which
involves a political truism, and which is nndenied;
) debate has grown out of it, embracing the whole
ftreiiH) relaliODS of this country. 1 shall not at-
tempt to follow thegeollemen in the coarse which
■hey have ptimued, but will confine my observe-
■ioDs to a justificBlioa of the embargo, and to the .

proof, that the orders and decrees of the bellig-
erents, and not the embargo, as was i^aid by the
genitemao fran Maryland, (Mr. Key,) have pro-
duced the prpsenl embarrasments. Bad as out
situation was al the close of the last sessiun, it
has now become ioliniiely worse. The offer to
suspend the embargo laws, fur a suspension of the
Orders in Council, made in a sincere spirit of con-
ciliation, has been contemptuously rejected, those
orders justified, and an extension of their opera-
tion threatened : this is a slate of things inbufier-
ahlc. Al a crisis of this son, the importance of
which every gentleman acknowledges, I deem it
proper that every man who feels an ardent love
of country should come forward to save that coun-
iry.lo rescue hi' sinking parent from the jaws of
pollution. The effort should be, who shall rea-
der our common country tbe most good; wbo
will be foremost in the ranks; we should not
shrink behind the irresponsible stand of doing
nothing, ready to raise ourselvei upon the mis-
takes of others; perhaps, the virtuous misfotiunes
of our political brothers. I am willing lo take
my abate of the reBponsibility of aaseriiog. the
wisdom of tbe original imposition of the embargo,
and the correctness of its present and future con-
tinuance. Genilemen havabeen frequently colled
upon, while they make vehement declaniHtion
against the embareo, to say what Ihey wish in
its siead ; they declare the utmost husiility to the
measure, and yet they offer no substiiute. Can
ihey for one moment forget, that upon this ques-
tion, as upon every other national subject, we muat
all hang together or be hung separalel it inevi-
lably follows from the organization of cur Gov-
ernment, that this is the fact.

I consider the original imposition of the em-
bargo as Wise in a precautionary point of view;
and notwithstanding all that has been said, and
eloquently said, by the gentleman from Maryland
^Mr. Kev,) 1 believe it was called for by the most
imperioQs public necessity. Every one must
know, that bad it not been for the embargo, mil-
lions of property, and (what is worse) thousands
of our seamen, must have fallen a sacrifice to tbe
cupidiiy of belligeient eiuisets. No need of cal-
culalions on [bis subject— I shall not slop lo enlet
into. one. 1 appeal to the common sen^e of the
nation and of this House, whether or noi, the or-
ders and decrees were calculated to have swept
I the ocean all our floating property and lea-
BuL no, say gentlemen, the seamen are not
i ; and here we are amused with the old story,
vamped, of tbe fishermen running away,
seamen gone, sirl This is a libel on i heir
generous and patriotic natures. Where are they
gonel Every man, who ventures such an alle-
gaiioD, is bound to prove it ; because it is, if true,
:eptible of proof. Surely, air, the assertion,
ven proof, that British or other foreign sea-
I have left your service, does not establish that
erican seamen have deserted iheir country.
The Briiish seamen gone ! 1 am glad of il, sir.
ih there had never been one iu our service ;
and if there is an American tar, who would, in
the bout of peril, desert bis couoiry, that he would

.yGoogIc

mSTORT OF CONOKESS.

I'breign Sdatiaru.

Dboehsbr, ISW.

go alio. The ihinn is impouiblc, sir ; every *«■-

sel which hai sailed from the Uolled States since
the imposition of the embBr^^o, has passed under
such a peculiar reriew, before the officers of the
reveoue, that had any Dumber of American sea-
mea shipped themselres, proofs of ifaeir departure
might, and certainly trould, have been hail. Read
the intelligence from Nova Scotia ; it inforcas us
that none but English sailors hate antved there.
1 call upon geDtlemen then to show how, where,
and when, an American seaman hasjeft bis coun-
try, except in the pursuit of his ordinary Tocstion.

If ibe gentleman from Maryland fMt. Ret)
will apply to his political — I beg pardon — to his
mercantile barometer, the inEuiaDce offices, he
would find that, after the operation of the Orders
in Council was known, insurance could not have
been effected at Baltimore to the continent of EU'
lOpe for SO per cent., and not at London, on Amer-
ican property, for 80 guineas per cent. The proof
of this is before me. Does not this prove that so
much danger existed on the ocean that it was
next to impossible tu pass without seiznre and
condemnation? And surely he will not cootend
that this udFonce of premium was caused by the
embargo? If the embargo then has saved any-
thing to the country — end that it has there can be
no doubt — exactly in the proportion that it has
saved property and seamen to yon, it has lessened
the ability of the enemy 10 make war upon you,
nod, what is primarily imjiortant, lessened the
temptation to war. The rich plunder of your in-
oSensire and enlarged commerce, must inevitably
have gone to swell the coffers which are to sup-
port the sinewt of war against you. The reaction
thus caused by the embargo, is in yonr faror, pre-
cisely to the amount of properly and men which
it has saved to you from yonr enemies.

Etut we are told that the enterprising merchant
is deprived of an opporinnily — of what? Of ru-
iDinghimself and sacrificing the industry ofothers.
Has any capitalist said he would venture out in
the present tempest which blackens the oceanV
No, sir, they me your dashing merchants ; spec-
ulators, who, havins; nothing to tose, and every-
thing togaio.woDldrauncb headlong on the ocean,
regardless of consequencex. No comnterce can
be now carried on, other than that which is sub-
aervienl (o the Orders in Council. I appeal to the
gentleman from Rhode Island (Mr. Jackson)—
no man is better informed on this subject — would
he venture his property on the ocean in a trade
contravening those orders? I would ask him
further, would Brown and Ives, merchants, as
remarkable for ihcir prudence as for their enter-
prise, and for iheii capital as either ; would they
send their vessels to the Concineni of Europe? 1
believe their opinion would corroborate the opi-
nion of Mr. Gray.

The mercantile distresses have been described,
with every possible exaggeration, as intufierable.
The real distress, sir, is quite sufficient, without
any undue coloring. I regret extremely, indeed,
air, from my heart and soul, I lament that- the
embargo should be considered as falling heavier
on the merchant than on the planter, ff I know

my own heart, I would share with them loikt
leM loaf. But compare tbeir situation now wilt
what it would have been, if their whole propefl)
had been swept away. Gonipare tbeir prewlt
situation with that which must have been thenc-
cessary consequence of the seizure ofalliheJloM.
ing, registered tonnage of the United Statei,ind
which would have happened, but for the embitgiL
Their vessels are now is safety ; if the embarei
had not been laid they would nave lost both >»
sel and cargo. They must have either imposed
embargo on themselves, or exposed their [^

iial ti

lal d

Another reason why I approve oftheembi^
and which, really to my mind, i> a verv eami-
Btory reason, is, ic has at least preserved miix
far from bloodshed. I am one of those vhubfr
lieve the miseries of this life are sufficienllj in-
meroQS and pressing without increasing >:iibN
their nnmber or pungency by the ca I am it its it
separable from war. If we had put the quniioi
to every man in the nation, (he head of a fiiail),
whether we should go to war, or lay an efflba^
(the only choice we had,) nineteen out of tvest)
would have voted for the embargo. I beliere.iit,
the people of the United States cocSding I^eii
honor and national character to your gusrJiii-
ship, would this day decide the same quesiiguii
the same way. The people have nolhiug tonii
by war, nothing by bloodshed; but they um
everything to lose. From this reason resulisu-
other, equally satisfactory ; we ate still free troll
an alliance with either of the belligerents. Upn
a loss of peace inevitably follows an alliance wiui
one of these two Powers. I would rather slsie
the fate of the nation oa a. war with bath, ibaB
ally with either. No, sir, I never will consent k
rusn into the polluted, detestable, disiempcrni
embraces oC the whore of EDgiand, nor tiactic
at the footstool of the Gallic Emperor.

But the embargo has failed, it has been tri-
umphantly asserted on one side of the Hou^e, m
echoed along the vaulted dome from the olhei'
If it has,' it iK no cause of triumph; no, inM
sir; hut it is a cause of melancholy feelingi u
every true patriot, to every man who does mil re-
joice in the wrongs of his country. Whj b*
the measure failed of expected success} Tu
gentleman from Maryland (Mr. Key) used in •^
gument incomprehensible to me, as an sr^oni*'
in his favor; on my side it is indeed invintiWt.
He has established, it was the evasions of u'
laws which prevented their being effectual. H(
tells you that certain evaders of the laws ha«*
risen up in opposition to them, that the Presidw
of theUniled States was obliged to issue his PfM"
laraation in April last; that this proclaniiiion
told the British Cabinet the people had rel«ll«
agaiost the embargo— but I will pass orer IM
subject ; it imposes silence on me, because it man
speak daggers to the hearts of some men.

Myfriend from Virginia (Mr. RiHDOLPBJorp"
one argument against the embargo, which, w ''
»nre, is a most serious one. He asfed if we we«
prepared to violate the public faith? I ho|>«>>°^
sir. I beg to be excuaed for ukiiig him ('°'

.yGoogIc

mSTORY OF CONGRESa

794

fbreiffM Belatiotu.

H. OF R.

if sobmiuion will pay the public debt 1 1*0 thai
geDtl«miD's acute and comprehensive mind, the
deleterious conseqaeoces of the present sfsiem
of the belli^ereots to our interests, must be glow-
ing, self-evideat. He will see that their present
muiurss carry destruction to the most ralutible
inieiests, atid are sabversive of the most sacred
rigbu of ibe people; aod if ihey are submitted
10, cveryihine dear to an American must be af-
Bicied with the slow, lingering, but certain ap-
ptoacbes of coostimpiiai). I bad rather go aS at
DDce. I have no opinion of a lingering death.
ftithei than the nation should be made to take
LbJs yoke, if so superktive a curse can be in store
for us, mir the hand of Heaven first anqihilaie
that whica cannot be nurtured into honor. I
hid much rather all should perish in one glorious
coaflict, ibao submit to this, so vile a system.

But we are told, that the embargo itself is sub-
mission. Indeed, sir ! Then with all my heart, I
would tear it from the statute book, and leave a
black page where it stood. Is the embargo sub-
oissioQ 7 Bf whom is it so called ? By gentle-
llemen who are for active offence? Do these
^Dllemen come forward and tell you that the
embargo is sabmission T No such thing, sir. My
memorv deceives me, if any man who vcted for
tbe EmDargo Ihiaka it submission. They are the
original opponents of the embargo who call it
sobmisaion, and who, wliile they charge you with
the iDienlion, are by eietf act and deed practis-
ing it ibemselves. It is incorrect, sir. Every geo-
ileman who has spoken, and who has told you
ihtlthe embargo ia submission, has acknowledged
ibe truth of the resolution -under conaideraiion ;
it has not been denied by a single individuBl.
Suppose tbeo we were to change its phraseology,
tud make it the preamble to a resolution for re-
pelling the embargo, it will then read : whereas
"the United States caoDOt without a sacrifice of
'iheir rigbtt, honor, end independence, submit to
' Ike Uie edicts of Great Britain." Therefurs re-
wlred, that the embar<{0 be repealed, and eom-
metcewiib Ore&t Britain permitted. Do these
two declarations hang b}gether,sir7 That, be-
eiuse we cannot submit to the edicts of the belli-
geienis, we will therefore open a free trade with
iheml The first part of the proposition is true,
no roia has denied it ; the addition which I have
made to it then, is the discordant part, and proves
the embargo is not submission. I wish to know
ofgenilemen, whether trading with the betiigei-
Uls, uuderlheir present restrictions on commeice,
VDuld Dot be submission 1 Certainly, sir. Is then
) lefr lining from, so doing, submission? In a
vord, is resistance submission? Was the em-
Wgo principle considered subraission in the days
°Iitiei[Bmpact1 Did the nation call it subtnia-
<m when It was enacted nobler Oeneral Wash-
'Qgion? Was it so considered by the Republicans,
*hea resorted to for redress against the primary
"olaiions in 1793? Or was it ever contended
ibat had not the embargo been raised, the terms
^rjay'sireaty would have been worse 1 Do gen
llemen of the " old schooF undertake to say that

the Faiber pf their Country submitted then to

Qeorge III ? I hope not, sir. If the embargo was
not submission under George 'Washington, it is not
under Thomas Jefferson. Again, I ask, were the
principles oftheembargosubmisaioQ in l774-'5-'6I
But it has been replied, it is not meet that the
remedies of that day should be applied to the
present case. Why not, sir? The disease was
the same; and lest sentlemen have forgollea
what it was, I will tell them how the old Con-
gress described it; ''You exercised unbounded
' Eoveteignly over the sea, you named the ports
' and nations to which alone our merchandise
should becarried, and with whom alone weshould
trade." Draw the parallel, sir, and if the remedy
of that period will not suit the present crisis, let
us look out for others. I will not slop here ; I am
willing logo further; I would carry fire and sword
into the enemy's quarters; but 1 would first ex-
haust everv means to preserve peace.

You will excuse me, sir, for giving an opinion
in this place, which, perhaps, some gentlemen may
think, does not result from the subject immedi-
ately before us. I will tell you what description
of people in the United Stales are most anxious
that the embargo should not be repeated. It is a
new sect, sir, sprung up among us — ultra-feder-
alists. They are the persons, in my belief, who
are most desirous the embargo should be contin-
ued. They see that upon its removal a war with
Great Britain follows. An alliance with her is
the object nearest their hearts — not a resistance of
the wrones and insults practised by her. If this
embargo D« submission, if non-intercourse be sub-
mission, if a prompt preparation for war be sub-
mission, I ask them what is it to sit still and do
nothinz? Do you mean to submit 1 Come out
and tell the nation whether you will or will not
resist the Orders in Council-let ua know it-it is
desirable that we should know it — it will conduce
to the public weal.

I, for one, sir, will vote to continue the embargo,
because I do still consider ila coercive measure —
as the most deadly weapon we can use against
Great Britain. I am induced to consider it so,
when 1 take a view of what is the nature of our
products— what is the nature of her exports and
imports — what is the nature of her wants, and
what her capacity and means of supply. Look at
the West Indies, where the embargo has a decided
idency sTcr every other measure you can
ill find that bee colonial and n~~~'

ascendency s
adopt.. You

that quarter, never beeo

maintained since the Revolution. Perhaps I ought,
in presuming to speak further about the West In-
dies, to apologize to the gentleman from Marv-
land, (Mr. Key.) not indeed for his very courtly
conduct, because if a man is ignorant, he does not
like to be told of it. The gentleman will be pleased
to pardoD me, if I blunder on in my ignorant way,
and talk a little more of that part of the world.
[Mr. £ev explained that he had not ioiended any
reference to the gentleman from South Carolina
in his remarks.] I am extremely obliged to the
gentleman for his explanation. En tertaiaing great
respect for his talents, I am happy to find, upon

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795

HISTORY OF CONGRESS.

796

H.opR.

Foreign Relations.

Deceubgr, 1606.

such lulhoriiy, the ehnrge is neiihcr applicab
nor intead«d. The colonial system ha;: beea a
ways reiardcil as essealJal to all the viral inle
eits of Grcai Britain. Erery relaiaiion at Ihi
Eyiirtn has excited raurmurs anilgreat discontei
in Ihe mother country, Had yet they have been
constnnlty produ>'ed by the waiils-orihe colo
Would they have been permitted in favor of the
United Slates, coiitd those wants be supplied from
any other quarter? I must contend, then, thi
ihirir proGlabte existence depends upon an inte
course with the Uuiied Stales, notwithstanding
everythiDg which has been said to the contrary.
I do not mean to involve the idea of ahioluie
■ttrvation ; much less to insinuate that the em
bnrgo is CO coercive as to humble Great Bntaii
St our feet; far from it — but I do say, from [hi
, nature of their products, iheir profitable eiiaience
depends upon us. There are not canlained wilhit
the whole British Empire at this lime, whalevei
there may have been previous to the AmericBt
Revolution, supplies for the home and colonia.
consumplioD. WillgentlBmen tell us from whence
they are to procure ihe principal articles of provi-
aioDs and lumher7 I might rest the argument rn
safety on these articles alone; these ate essential,
and uf our pruduce. All the evasions of the em-
bargo have been made with a view to that sup-
ply; enforce it. and from whence will they pro-
cure the article of lumber? It bears a higher
price and is more scarce in Great Britain, even in
ordinary limes, than in the West Indies. The
opinion that Nova Scoiia and Canada were
adequate to that supply, has been longiioce abai)-
doneil. The articles of theli produce require n
constant supply of our materials, some of them
cannot be procured from any otter part of the
world; or the. lumber received, we hare hereto-
fore furnished nioeiy-iiine parts out of one hun-
dred. But we are told they can raise corn. Who
denies it? I will grant to gentlemen all they ask
on (hat point, and add, too, that their cor/i is ac-
tually more valuable per bushel than that of this
coumry ; but when their labor and iudusirjr is
directed to that object, what becomes of tneir
cotton, sugar, and coffee culiivatioti ? What be-
comes of the immense revenues derived from
those aourceii? Genilemen must not forget that
at least one-third of her revenue accruing from
commerce, is derived from the West India trade
alone. I (to not know that I should be wrong, if
I were to say from sugar and coffee only. If you
drive them to the cuitivation of corn for lubnist-
eoee, they must oecessarily HbandoD the cultiva-
tion of their most valuable staples. And do gen-
tlemen believe Great Brltaio is willing to sacrifice
all these coosideraiiuns to a refusal to do you jus-
tice ? We do not require justice, for all we ask
of her is to abstain from plundering us. We say
to her "hands off;" ne wish aut lo come into
collision with you ; let us alone. These sacrifices
will not be much longer hazarded, unless indeed
ahe is deluded into a belief that she has sufficient
influence, in this country, to excite disaffection
and insurrection, and thereby remove the cause of
pressure. |

Another objeelion with me lo removing the
emharj[o, is, it will betray a ttmid, wavering. In-
decisive policy. If you will study the seniiinents
contained in Mr. Canning's note, you will find
they afford a lesson of iastruclion, which yog
ought to learn and p^neIi^e upon. " To this uni-
'ver.^al combination His Majesty has opposed a
' temperate, but a determined reialialioti ujion the
'enemy; trusting, thai a firm resistance would
' defeat their project ;bulknowing that the smalleft
' concession would infallibly encourage a perseve-
' ranee in it." 1 beg the House to draw iDstmctioD
from this otherwise detesiahle paper — it preache»
a doclrine to which I hope we shall becomd
proselytes. A steady perseverance in our measares
will assist us, almost as much as the strength of
them.

I conceive the supplies necessary for the maic-
tepaoee of the war wilh Spain and Portugal will '
fairly come into the calculation. It hasoecome
ihe duty and interest of Great Britain to mainUin .
the cause of Spain and Portugal — she has made ;
it so. Where will tho&e supplies be drawn from? \
Does she produce them at home? Ctrtainlr ;
not ; for it cannot be forgotten that the average \
importation of iljur alone al Liverpool is ninety !
thousand barrels annually. The Baltic is closed :
against her. The demand must he great; for |
Spain and Portugal in times of peace nave rega- .
larly imported grain for their own coa^iumpiiun.
And here I will observe, there is no attribute in '
my nature which induces me to take sides with ,
those who contend for a choice of masiets. So
far as ihi^y are fighting for the right of self-gov-
ernment, God send (hem speed; but s( (his pecu-
liar crisis I think it eitremely important that our
^ympalhies should not be enlisted on the side of
either of the contending parties. 1 would, there-
fore, from Spain and Portugal withhold our sup-
plies, because through the(n we coerce Great
Britain.

But thB( (iressore which Great Britain feels
most, is most alive to, is at home. The last crop
is short, and injured in harvesting; wheat is four-
teen shillings the bushel, and rising. Her millions
of poor must be supplied with bread, and what has
become almost equallv important, she must fni^
nish employment to her laborers and manufac-
turers. Where coo the necessiiry supply of co((aB
be procured? For, thank Gnd! while we are
makings sacrifice of (hat article, it goes lo the
injury of Great Britain, who oppresses us, and
whose present importation is not eqtial to one-half
her ordinary consumptloo, If the manufacturer
is to be thrown out of employ, till tliat raw tnate-
rial which is now the hypoihests of the day, is
produced from Africa, the ministry who are the
use of it will not long rule the destinies of that
iiion. No, sir, I am not alarmed about supplies
cotton from Africa, Nor am I to be frightened
out of the embargo by a fear of being supplanted
in the market, from that quarter; they must be
but Ii(tle read indeed in political economy, who
con dread a competition with barbarians, in the
cultivation of the earth.

Another strong (ndncemenl with this House to

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797

niSTORT OF CONGRESS.

798

December, 1808.

Foreign ttelationt.

H.opa.

coDtiaup and eDforce the ^mbarKO, i«, that while
ii prwses those who injare us, ii preseryea "'
Daiion Id ppace. I aeeim olher honorable em
in which peace can be [Haialnined. Take wl
tier other projecl has been hinted at, and war
(viigbly reauUs. While wecati procraNtiaate
niseries of war, I nm for procrastinaring ; we
theiebjr ^in the addiltonal adraniage of waiting
ib« erpots in Europe. The irue interests of this
eoUDlry can be found 0Di<f in peace. Among-
naDy other important consideration*, remeniber,
that moment 7011 go to war, you may bid adteu
to eiery prospect ofdisehargiag the national debt.
The present war of all others should be avoided ;
being iriihout an object, no man can conjecture
iu leroiinaiion ; for as was most correctly oi>i«rTed
by my friend, (Mr. M*con,) ih'e belligerents fight
mrybody but one another. Every object for
whirhthewar was originally begun and continued
10 1806, has linee thai time become extinct. The
lapmre in the negoiialions of that dny wasi made
notoa points affecting dlrecily the British inter-
eil, but grew out of the indirect concern she Telt
ia maintaining those arged by Russia, which
Power, hariog since declared war against Great
Bcilaia, has obliterated the then only eiisiing ob-
ject of the war, Embart in it when you please,
11 will not procure yon indemnitj' for 'he past;
>nd your security for the future most uliimately
depeud on the same promises, which you can ob-
Iiin by peaceable means. ] have no disposition,
>", 10 hazard ilie ifltcreai of my country in a con-
flict so undefined, so interminable I

But, say gentlemen, it is certainly not suhmfs-
iion to trade to those ports which the edicts of the
Wligeients have not prohibited us from trading
"ilh. Granted — I will not enter into a calculation
M the Bubject, as to how much importance the
indeiToulJ be of to us. The chairman of the
Committee of Ways and Meatis has told you it
vonid be contemptible in amount ; but, sir, I say
ibis, because I consider it expedient to cootinue
ibe embargo, to withhold our supplies from those
*bo need them', I will not permit you to go to
inoie countries. Repeal the embargo in part!
No, sir, Oire merchants one single spot any where
out of tbe jurisdiction of ynnr own country, as
"^ as the square of this House, and they would
Miry twtj (he whole of our surplus produce.
yift ihfm a little island on which to place the
lulernmoflheir lever, and Archimedes like, they
*ill more your whole trade. Let them goto
Uemarara, to OotlenbOTf , or an» other burit, and
n n to the whole world. But the trade to Spain
•nil Portugal has been held up as highly profita-
We to the merchants of the United States. The
(fMleraen who rentnre this opinion have not,
Maps, considered the subject wiihall the alten-
lion It IS entitled to. It appears to me to be de-
fflonstrabie from the documents, and the knowl-
"P of circumstances which we possess, thai
Jj'rat Britain, with the eilension of plunder ihe
"'Jer, ie Council warranted, is not sati-Bed. She
*»» not content that she had laid a snore whereby
"IS 'nteicepied our whole commerce lo Europe.
°w then peimilied u» (no doubl from extreme

moderation.) to trade with the French colooiea,
taking care, at the same lime, to force a direction
of that trade in a channel which could not fail to
yield a tribuiary supply to her exchequer. Sha
has now interdicted, by orders secretly is-.ued, that
commerce also. The language of Cochrane's
proclamation cannot be miaunderslood. What a
harvest he would hare reaped from the robbery of
your merchantmen, had the embargo been raised,
as was expected by the British Cabinet, at iba
commencement of the sessioo. The Orders in
Council would have taken all your property going
to continental Europe, and those of the Admiraltf
would have swept the West India traders. 1 be-
lieve the idea of enjoying a free trade to SpaiD
and Portugal is altogether illusory. Mr. Cait-
ning has told us, not in lotidam verbit, but cer-
laiiilyin effect, that we should be permitted 10
trade with those countries, only under the Ordera
in Council. In answer to the proposition made
by Mr. Pinhney to suspend the embarco as to
Great Britain, for a suspension of Ihe Orders ia
CouDcil as to the United Stales, the Britit^h Min-
ister replied in the most peremptory manner pos-
sible. Here let me observe, that had that sua-
pension been agreed to, the embariro would have
co-operati'd with the Orders in Council against
France. It would have been even much mors
efficacious than those orders, ina-much as our
I regulations would have interdicted all com-
ce with France. The professed object of the
ers in Council, relaliiilion on the enemy, can-
thwefore be real— they originated, as thejr
s been eiecuteJ, in a spirit of deadly hosliliiy-
nsi us. Tiiat ibe operation of lho>e Ordera
lid be extended to Spain and Portugal, should
the embargo be repealed in part. I infer from tbia
positive assertion of iheBrilish Secretary, "fl
is not improbable, indeed, that some alieralioDa
may be made in the Orders in Council, as they
are at present framed; alterations calculated
not to abate their spirit or impair iheir principle,
but 10 adapt iheoi more exactly to the different
state of things which has fortunately grown up
in Europe, and to combine all practicable i«lief
to neulrats with a more severe pre<sure upoa
the enemy." Mere is not only a denial of sus-
pension, but a threat, that alterations will be mada
(no douht in lender mercy to us.) not to abate
their spirit, but 10 adapt their operation more ex-
tensively lb our ruin. What is the state of thinga
alluded lol Let every genileman who seeks after
Iraih, candidly inquire for him'<elf, what is the
state of things which Mr Canning considers haa
o fortunately grown up in Europe. Can it ba
nyihing but the revolutions in Spain aud Por-
tugal? If the Orders in Council are nut to be
impaired, blit iheir opefation rendered more ap-
plicable to the preieni state of things, a fortiori,
are to be cat off from Ihe.'souih of Europe,
e name maoner ni you are from Fiance and
her dependencies. And ore you reuily to repeal
mbargo under such a Ihrest a^ this? This
, sir, IS Kitrcasiic to the lait degree; in ii I
read insult added to the atrocious injuries mr
couDlry baa received ; there i> but one pari of It

.yGoogIc

790

HISTORY OP CQNGEBSS.

H. OF R.

Foreign Relatiant.

DeotHBER, 1808.

which csa ba looked at wiih paiieoee, aad that is
the valasble admouitioD 1 have r«ad.

Some genllemea hafe goM imo adiicuuioa
of the proprieiy of eDconragiog maDufacluies ia
this country. I heard wicn regret the obserTa-
tioDsof [heKemleman from VirgiaiH, on this sub-
ject. 1 niir be excused by him for offeriog my
Ctoiest Bgaiott those seDiituenli. I am for no
igh proteciiog duties io favor of any description
of mea in this couDtiy. Exteodiug lo him tlie
equal pratectioD of tbe law, I am for keeping the
maaulactuier on the sarae footing with the agri-
cut turiai. Under such a tystem^ ibey will increase
precisely in ihai propoitiao which wlLI eaieniially
advance (he public good. So far as your revenue
tyslem has protected the interests of your mer-
caaDlB, I am sincerely rejoiced; but lean con-
aeai to no additional imposition of duly, by way
of bounty lo one description of persons, at the
•xpense of another, equally meritorious, I de-
plore most sincerely the situation into which the
uopreoedcnied stale of tbe world has thrown the
merchant. A geniieman from MasMchusetts has
said, ibey feel all ihe sensibility for the mercan-
tile inieiest, which we feel for a certain species
of property in the Souihero States. This ap-
peal is understood, and I well remember, ihat
some of their represeDlation were among the first
who fell for our dislteiting situation, while dis-
cussing tbe bill lo prohibit the impotUtioD of
■laves. 1 feel all the sympathy for that interest
now, which was felt for us then; but last if ills
not sound policy lo encourage ihe patriotism of
our merchaniB to support still longer tbe sacri-
fices, which the pubtio exigencies call fur, with
spirit and resolution 1 If they should suffer most
from our present siluntioo, it is for their Un-
mediale advaninge that we are contending. I
must be allowed in contiDUaliou to say, that, al-
though I do not ptofeiiB to he one of the exdnsive
ptoleciOTS of commerce, lamas willing to defend
certain rights of the merchant, as the rights of
the planter. Thus far 1 will go ; [ will assist in
directing the physical strength of the nation to
the protection of that commerce which properly
grows out of the produce of the toil ; but do fur-
ther. Nor am I ibetefare disposed to limit the
scene of his enterprise. Qo up to Mocha, through
the Dardanelles, into the South seas. Beirch
for gums, skina, and gold, where and when you
fklease; but lake care, itshsll be at your own
risk. If you get into broils and quarrels, do
not call upon me, to leave my plough in the field,
where 1 am toilins fur the bread my children mttst
eat, or starve, to fight your battles.

It has been generally circulated throughout the
Baslern Stales, in extracts of letters, said to be
from raeiubers of Congress, (and which I am cer-
tainly sorry for, because it has excited jealouMes,
which I wish to see allayed,) that the Southern
States are inimical to commerce. So far as South
Caroline is cnncetoed in ibe genA'al implicaiioo,
I do pronounce this a gross slander, an abominable
falsenood, be tbe authors whum they may. The
Stale of South Carolina ia now making a most
magnanimooi sacrifice for commercial rights.

Will gen tie men be Eurprised when I tell them,
South Carolina is inierested, by the suspeasion ot
oar trade, in llie article of cotton alone, to an
amount greater than the whole revenue of the
United States! We do make a sacrifice, sirj I
wish it could be consummated. 1 should rejoice to
see this day all our surplus cotton, rice, flour and
tobacco burnt. Much belter would it be to de-
stroy it ourselves, than to pay a tribute oa ii to
aoy foreign Power. Such a national offering,
caused by the cupidity and oppression of Great
Britain, would convince her, she could not hum-
ble the spirit of freemen. From the nature of
her products, ihe people of South Carolina can
hare no interest unconnected and at variaree

vith

Boston, a

they have given proofs of that feeling. Upon a
mere calculation of dollars and cents— 1 do from
my soul abbot such a calculation where national
rights are concerned — if South Carolioa could
thus Sloop to calculate, she would see thai she has
no interest in ihis question — upon a calculation of
dollars and cents, which I repeat I protest against,
it is perfectly immaterial to her wbethi:r ber
cotton, rice, and tobacco, go to Europe in English
or American vessels. No, sir, she spurned a sys-
tem which would export her produce at ihe ex-
ense of the American merchant, who ought to
her carrier. When a motion was made last
winter for that kind of embargo, which the gen-
tleman from Maryland (^Mr. Key) was in favor
of; for he says he oare his advice to do that verjr
thing, which if adopted would cut up ihc nari'
gallon intereai most completely, (an embargo oa
our ships and vessfls only;) South Carolina
could have put money in her pocket, (another fa-
vorite idea with the genileman,) by selling her
produce to foreigners at enormous prices; her
representatives here unanimously voted against
Ihe proposition; and hex Legislature, with a mag-
nanimity I wish lo see imitated throughout th«
United Stales, applauded that vole — they too
said they would unanimously support the em-
bargCk al ihe expense of their lives and fortunes.
She did not want an embargo on our ships, and
ool on produce. No, sir; she knows we are linked
together by one common chain — break it where
you will, it dissolves Ihe lie of union. She feel*,
sir, a stroke inflicled on Massachusetts, with the
same spirit of resistance that she would one on
Gieorgia. The Legislature, ihe represeoiaiives of
a people with whom the lova of country is indi-
genous, told you unanimously, Ibal they would
support tbe measures of the General Government.
Thank God, thai lam the Representative of such
a Sia'te, and that its representatives would not ac-
cept of a commerce, even at ihe advice of the
gentleman from Marybiod, which would profit
themselves at the expense of their Eastern breth-
ren. Feeling these seniimeots, I cannot hut !«y,
in contradiction to what fell from ihe gentleman
from Virginia, (Mr. Gholbon,) I should deplore
that stale of things which offers to tbe merchant
tbe lamentable alternative, begf^aty ot ibe plough.
I would say to ibe merchaai, m the sincerity of

.yGoogIc

mSTORT OF CONGRiSS.

Deocmber, 1808.

Foreign Rdatiaiu.

H. OP R.

my heart, bear (hit pr«»sufe with mBnly fortiiudi
if (he embargo faili of expecled beoeSl, we wi
aveoge your cause. I do say so, and believe [b
aatioD nill mainlain the auertion.

It is with reluccaace I feel corapelled, berore I
resume my seat,- to make a few ubservalioDs iu
reply to what fell from the getitleOiBii from Mary-
land (Mr. Kev) yeEleritay. The geatlemaD com-
meaced his address by contradiciiag (be siale-
meoLs made by a ^mleman from Ma&aaEbuseiis.
and my worthy friends froin Virgioia and Geor-
gia (Messrs. Ranjiolpb aod Tbodp.) He (old
you ibeir districts could not feel the embargo
moat, as it was iu.hia the sufferiogs were most
aevere. I »ball not waste the time of the Housf
by an inquiry into the truth of this asaeriioa ; Dor,
sir, will I enter into a competilioD of this sort.
J aim at a distinction far more glorious. The State
I represeot in pari, bears the embargo (he be&t.
This it is my pride to boaEit of. There, !iir, there
are no mnrmars, oo discontent al the exertions of
QoTernment to presrrve the rights of tlie Qalion.
Aod as long as respect for the noaor, and a hope
of ihesalTation of the country eiir-ts, so long will
they bear it, press as hard as it may.

The gPDtieman told you, lu speaking of the
Marylaad elections, that the film ia removed from
the eyes of the people, and ihal in di^ceraiog
their true interci>[s, they saw it was the embargo,
and ooi the Orders ia Couacil, which oppresses
them. He must feel coafiileut indeed in the know-
ledge that he ia two years in advance of his con-
slituenls, or he would not have Tontured such an
assertion. [Mr. Kby exphiined that he had said
the film was removed, and the people saw that
(heir distress arose more from the embargo than
from the Orifers iu Council.] Mr. Williams
continued: I have no iDEcation to misrepresent
the gentleman, but I anderstood him (o say tha(
(be Orders ia Council did not affect the conii-
oental market, bui the Berlin decree; that the
embargo cailsed all the pressure at home; that
the Orders in Council had no part in produciug
(hat measure, and (herefort: I infer as his opinioo,
that the Orders in Council haVe not injured us.
[Mr. Kbt said that the few observations which
be had made on this subject, were in reply to [he
gendemao from Tennessee, (Mr. Q. W. CiMP-
BBLL.,) that (he peopleahould be no longer dehided.
In answer to (iii* Mr K., said be bad observed
thaltfaepeople were QOtdeluded—thatlhefilm was
reraoved from (heir eyes, and that he (hen had
gone on taahow lhal the depressioa of produce
arose from the embarco. But that he never had
meant to say that (he Berlin decree and Orders in
Council were not injurious, because (hey lopped
offa lar^ portion of our commerce.]

I unders(ood (be gendemao to say (observed
Mr- W.,) that i( was very siiange we would not
(rust our merchaois upoo [he subject of the em-
bargo, who were the best judges. I wish to rep-
resent the gentlemen's seniimen's correctly, and
thall not consider him impolile, if 1 have mis-
laied bim, should he again stop me. Why, sir, is
il strange? Are the merchants the guardians of
the public honor 'i Thb I euDceive \a b9 ihe pe-
10th Com. 3d Skss.— S9

collar province of Congress, because (o it alone
haslbeConstilUtioa contided the power to declare
war. Will the gentleman [rust.-the merchants
with the guardianship of his own honor? No,
sir, he chooses to protect it himself. AolI would
heaiiviie the nation to pursue a course disgiaceful,
and (u which he would not expose himself? 1
will no( (rust the merchants in this case, nor any
other class of men ; nut being respoDsible fur the
national character, they will trade anywhere,
without regard to principle. So iiue is this, Dea-
lalines felt no uneasiness when, informed of the
law prohibiting all intercourse with St. Domingo;
he replied, '" hang up a bag of coSee in hell, and
the Ameticaa merchant will go after it." lam
not sure that,, in the evasions uf the embargo,
some of them have not already approached near
its verge: cerlaiii 1 am, that, in a lair commerce,
such is the enterprise and perseveraace of (heir
character, (hey wilt drive their trade as far as il
can be driven. No, sir, I will not trust the mer-
chant now, because be would do the very thing
which the genilemaa seems (o wish, trade under
the Orders in Council.

The embargo should be removed, because, says
the geatleman, it has operated as a bounty to the
British trade. I alioulJ be disposeiJ to doubt thit,
if for no other reason ihan a knowledge of who
advocates its removal. Before (he emcargo waa
laid, agricultural labiir ia the British West India
islands, particularly on sugar estates, could scarce-
ly support itself. I refer the genileman to the
documents printed by order of Parliament, aod
nemorials of (he agent of Jamaica. He will
find that ihe planters are in a distressed siluaiion,
not from their failure in the cultivation of the soil,
but from the eourmous duties on their produce in
the mother cOQotry. Are the extravagant prices
of arlicles of the first uecebsily, superadded to
(heir former embarrassmeats, to operate asaboun-
' on their trade? I should be extremely grat-
ed ]f (he genllemaD will inform ua, what would
ive beeo (he amount of bounty on the trade, if
evasions of the embargo bad not taken place. If
'he price of dour has been sixty dollars per barrel,
lod other articles in proportion, what would have
been (he price, bad (here been no evasions of the
law? They could not have been procured at all:
and yet we are told the embargo is a bounty on
British Iradel When the gentleman was, I bad
like to have said, Justifying the Orders in Coua-
cil, he should have favored ns with a vindication
of the snuggling ptoctamatioo also. Such a de-
ree of corruption and of immorality never he-
ore, in any one paper, disgraced a civilized nation,
rbe ciiiiens of a country, at peace and in amity,
enticed to evade their own laws I Is sDch an act
calculated (o induce (he belief that the embargo
operates as a bounty en British trade ?

I shall not enter upon another qaesilon stirred
by the gentleman, the oonstitulionality of the em-
bargo law; (he subject has become so biale, that
even he could scarcely make it interesting. It
has been laid Asleep — a solemn adjudication ba*
taken place and jput it at real. But the gentleman
will ezouse ma lor obsorring be tnftde a most uif

.yGoogIc

SOS

HISTORY OF CONGRESS.

H. OP R.

Fhreign Relat<on$.

DiOBMBIB, 180S.

forlUDBre allusion in the courap of his argumeDt.
He said it was tirange that, not having the power
delegated to us to tax exports, ne should under-
take to prohibit ihem. The Ordem in Coaneil,
vhich if the gentleman did not Justiry. be was
certainly very tender or, do exercise that very
power of taxiog our exports, which b]r the Con-
■titutioo we are prohibited, and that too wben
they are destined lo a goTeroment equaily lorer-
ei^n and independent with that of Qrent Britain.
We have been referred by the gentleman to (be
history of the Revolution, and after a kind of en-
comium on (he resources of Great Britain, the
trinrnphs of her navy and her present iroperious
altitude, he demanded to know if we can expect
she will yield to ua now, when during the Revo-
Iniion she meialaioed a w>r against the whole
world, at the saiae time that sbe kept ut at bay
aeven years and succeeded with every nation but
ber own sons— will she truckle at our feet now?
The genileniBn knows we do not seek to make
ber truckle at our feet; we wish her no injury;
wesskof her nobooB whatever; we only entreat
ber to let us alone ; to abstain from wanton, un-
provoked act! of oppression. What isthe object
or this langnagel Is it to tell ns she never will
redress onr wrongs; or u it tn divert Us from a

Srosecution of our rights? The contest was very
ifferent with her at that lime, from what it is
now. She then coniended against the dismem-
berment of her Empire. Will the gentleman say
the values (he principles of her Orders in Coun-
cil, as she did (lie sovereignly of her colonies?
What will the gendem^n discover, fay examining
tbe history of the period he referred to? Eng-
land, at that lime, when France, Spain, Holland,
mnd the United States, were opposed (o tier, wben
the armed neutrality in the north of Europe assail-
ed her, when all these brought the principle of em-
bargo lo bear upon ber, was nearer ruin than she
everwas before or since. I refer him to Plnyfair's
tables for the year 1781; there he will find the
Tery principle proven, for which we are now con-
tending. Does Great Britain now priae the plun-
der of your merchantmen, the impressmeul of your
Beamen, ininit to your national flag, as much as
she did the sovereignty of the noil? Certainly
Dot ; and yet she must, precisely the same, hi she
will not hold oni now as the did then. When I
recollect that her necessary annual expenditure
is greater than (he gross rent of all the landed
properly in her kingdom; thai the armed neu-
trality affected her so materially, that Ihe same
principle is brought into operation aga'D ; tliai by
withholding onr custom, our supplies, our raw
malerials. we must nee
. portion of her revenue,
will see her own interest in redressing our inji
This is all we contend for, allow the experiment
to be made; if not, at least propose some better
remedy.

But said the gentleman, at the close of the
Bevolalinnary war, we alone triumphed over the
arms of Great Britain ; defeat befell all ihe rest
of the world. I will not contest that point wiih
bim, as he is old enough to speak from experience.

We were informed by the gentleman, that it
was tbe Berlin decree, and not the Orders in Coun-
cil, had destroyed our trade (o tbe Continent of
Europe. Here loo we are directly at poiais. —
Tbe gentleman han not made himself master of
his case, or has totally mislakea his evidence. I
bold a document in my band which, perhaps, tbe
gentleman majr object to, as coming from the op-
position partv in Great Britain ; ii is the depoti-
lions of BUnary merchants of ereal wealth and
respectability, taken before the British Hooie of
Lords, on the subject of ihe Orders in ConnciL
Here Mr. W., read from the deposilions the fol-
lowing qoestions and answersr

" If the Amartcan embarfo were ramoved, and tka
Orden in Council itill conliQaed in Ibrce, in ibal c«m
wonld the wiineM renune hia itupmeiita 1

" To a very small amount

" For what reaaon 1

" Bacauae 1 do couceiie, that there would be and
great impedimenta, indeed a total annibilation of trade
from the United States of America to tbe ConiiiieDI
of Europe, that I could not expect to receive any re-
turns for the goods I sent oul; and another reaaon
would be, mj apprehenEion that a war between the
United States and this eounliy would be the coue- '
quenee of those Orders in Council.

■■ What is the reason that Ihs Orders in Council
prevent the witness sending our cotton coodi in shin
inballaatT i

" 1 believe I stated mj apprehension that thej migfai {
produce a war tietween we two countries ; another i
reason was, I could not expect toget lemittancea, and
a total annihilation of the trade between the United
Btatea of America and the Continent of Eumpe, fata
whence a great put of my remittances muat be derived.

'•If tbe American embargo in genera) were taken
off, ^d Ihe Order* in Conndl lo be oonlinued, would
hi* trade io that eaae revive !

" I certainly ■hould feel no inducement to export
goodi to America while the order* contiuoad.

■■Why not!

" I should appretiend that hostititie* between this '
country and America would bo the Conseiinence of
continuing the Orders in Council.

" Would tbe Orders in Council have any other effici
as lo discouraging Ihe trade 1

" They would have conaidertble effect in regard lo

"In what Diannert

'' By bringing all tbe produce of America to tbia
coanti7, they must oecauon sneh •' vait glut in iIm
market, that Ihe prodnea vrould be worth little or no-

"In what degree would it aflect tbe dealera in thoa*
commodities brought to this country, a* to their remil-
tSQcee to tliis country \

"The coiuoquence 1 apprehend would be, that great
part of the bills must go back protested; becanse Ihe
produce, for which tbe bills are drown, would sell fir
scarcely iho value of the freight imd charges

"Does the witness conceive, from bis knowledge of
the American trade, Ihst if Ihe whole of tbe American
jnoduce, which according lo an average of years had
beeu carried to tbe Continent of Europe, and to Great
Britain, waa now lo be imparted into Great Britain
alone, and Ihe Orden in Council to continne; whelher
it would be poariUe to export from Great Britain lo tbe
CwtiiieBt, BO much of tbe American prodnoo aa dumtd

.yGoogIc

mSTORT OF CONORESS.

806

Decehbeb, 1808.

Fbnign Rdaivtnt.

H.orR.

pteTcnt 1 ginl of the Ametieui prodnM rentuBkig' in

" I think it would be impoanble.

"Hwe jon latelj written to your coireapoQCleiiti in
America rmpecting ihipmeiita of Ameiictn pcoduea to
tUiconntTjl

"I h>ve.

"To ntut cfiect hiTS yoa m written 1

"1 luTg written that in cue of lubmiuioa to tlieie
Otdcn of CoKDcil, in cmw iDch ■ thing ihould take
pltee, to laipend all operatioiiB.

"Did joa give thi< advice to yonr AmeriAn oorrei-
pondenti, apon the lapposition that America would ac-
qaiuu In the Ordsrs in CaiiDcil T

" Ceitainlj not, I italed it aa a thing by no meane
tikelj; but, as there ii nothing imponible in thji world,
Ibii if it were so, not to move ; tbsl in csu tbef were
(cqnieMed in, not to attempt anj bniineai.

CoDiiderinz (continued Mr. W.) these ar« the
KDiimeiits (deliTeted utider the sacred obligation
of an oath) of [litl Tery descriptioD of meo, who
the geatleman belieres are the best judges and
oaght to be trusted, I am warranted in laying,
Ibe^ ptDTC bis position wholiy unfounded. The

Sailemao'a project last year was lo lay the em-
rgo OD our ships and vesiels, and to dispose of
ourprodaee, theefiWct of which would have been
destruction to our own vessels, constaiit encour-
iffmeat to those of Qreat Britain-: I beg bini
to remember, ihal if two or tbree years hence, he
ihould Dot stand as high with the Ametican mer-
-chiQti as be could wish, it may be fairly attribu-
ted to this friendly protection of their immediate
tBierests, which he wnuld hare extended to ineni.

The gentleman was equally unfortanate in say-
ing, [he destruction of St. Domingo had eansed
Nch a demand for suiiar, that the cultivation of
cotton in the British West India islands had been
abandoned; be is not well reraed on the subject, the
^t not being aa he has stated tt. However great
■n impeius the destruction of 3l. Domingfo may
luTe giren to the cultivation of sugar ana coffee,
in the British West ladies, it certainly had no ef-
feci in an* way on that of cotton, the quantity of
that article formerly exported from thence being
too small to hnve any inBueoee whatever. Our
eoliOD will never be supplanted from that quarier.
Coald the sngar estates be converted to cotton
plaotatians, so depr^sed has been their aituation,
(bit eonmsioQ would have been long lincft effect-
ed' Nar,sir,isittrne, that the cultivation ofcol-
loii in the British West India islands has been
ibandoned ; oa the contrary, it has been regnlar
though slow in its increase, compared with that
of coffee. Crops of that kind are frequently pre-
carious, owing to a natural enemy of the plant
in those islands, and therefore the culiiTBtion "■—
not kept pace with the demand.

I heard ibe gentleman with pain and morti
lion, I repeal it, with pain and mortiScation I
heard him declare that nations like individuals
ihould pocket tbeit honor for money. The act
ii base in an individnat, in a nation inHnilely
»otse. The Eentlemnn was corrected by his col-
league (Mr. Nelson) on this subject. He evi-
ienily, to my appreheosion, expressed an opinion,
Alt money was to be preferred to honor. He

told us that honor in arbitrary gorernmenis was
deotified with the monarch, who went to war
for his mistress ; Ihal in republics honor consisted
,n the opportunities afforaed lo acquire wealth,
ind by way of illustration said, we pocketed our
Honor for money in paying tribute to the Barbary
Powers, for the security of a paltry trade. Doea
the gentleman mean to assimilate a tribote exact-
ed by Great Briiain wilh thai paid to Algiers 1
Or does he mean lo be understood as advising na,
because we purchase peace with barbarians, in-
votring no honorable consideration, to barter foi
pecuniary reward, with Oreal Britain, our rights,
ur honor, and our independence T Detestable aa
this inference is, it results ftoiiL his argumeats.
Repeal the embargo, throw open yonr trade to
Qreat Britain ; you can put money in your pocket
by it. 1 want no substitute. Sir, if my ton^e
was in the thunder's moath, then with a pasaion
would I shake the world and cry out tr^sonl
Tbis abandonment of oar riebts, this sacii&ce of
independence I most soFemnly abjure. As-
tonished indeed am I, that agenlleman so eloquent,
so -well quali6ed to uphold the honor and dignitjr
of his country, should so abandon them! Is it
possible »uch doctrine should be advocated on the
aooT of Congress? Has it come to this? Was
itfuribiathe martyrs of the Revolution died? Is
this great Continent and the free millions who in-
habit it, again to become appendages of (he Bri-
tish Crown 1 Shall it again beheld in its orbit
by the attractive, the corruptive in&uence of the
petty island of Great Britain 7 No, Sooner may
you expect the sun with all the planeiary system
will rash from their shining spheres, to gravitate
round a }>ebble. Remember, sir, it is no longer a
contest singly about the carrying trade, or the
impressment of seamen, or the insult to the na-
(ionnl flag, but all united wilh the rights and at-
tributes of sovereignly, even to the violation of
the good old United States. Yon stand on the
verge of destruction, one step, one movement
backwards will stamp your character with indel-
ible di^raee. You must now determine whether
yOQ will maintain the high station among nations,
to which the virtues, the spirit of the people have
elevated you, or sink into tributary vassalage and
colonization. By all your rights, your duties,
your aWfbl responsibility t charge yon -'choose
ye this day whom ye Will nerve; but as for me
and my house, we will serve the Lord."

Mr. CuLFEPER spoke in opposition to the re-
Mr. Cook moved to adjoarn. Mr. J. Q. J^ok-
son called (at the yeas and nays on the motion ;
hot a sufficient number did not rise to justify the
taking them. Motion to adjoarn, negatived. Mr.
Cook renewed the motion, observing that he had
some remarks to make, which might occupy the
House some time— Carried, 54 to 50, and the
House adjourned.

SATi7RDAy, December 10.
Mr. Lawia, from the Committee for the Dis-
trict of Columbia, presented a bill supplemenlaiy

.yGoogle

807

HISTORY OF CONOBBSS.

Foreign Ketatumt.

Dboimber, 1608.

M the set, CDtiilnJ "An act Tor ibe esttbli^^bDieDi
of • Turnpike Companr Id the county of Alez-
udria, io ibe Disirici orCutambiR;" which was
read twice, and committed to a Committee of ihe
Whole on Monday oeii.

The bill stntrrorn the Senate, entitled "Ad
aeirurtherto ■ mead the judiciaE lyntem of the
United Slates," was read twice, Hod comraitled
Io Mr. MtBiOH, Mr. HoLt-iND. and Mr. Kelly, to
«on«ider and report thereon to the Houae,

Mr. Nelboh, from the committee appointed
Ibe eleventh ultimo, on ao much of the Message
from Ibe President of the United Sutes aa relates
to the Military and Naral Establiahmenta, pre-
■enled a' bill aulborizing the appointment and
emploftnFQl of an additional number uf navy
officers, teamen, and marines; which was rend
twice and committed to a Committee of the
. Whole on MoDdar next.

FOREIGN RELATIONS.

The House again proceeded Io the conaidi
tton of the first rtRolution of the report m
by the CoiuroiUee of Foreien Relations.

Mr. CouK addressed the House at considerable

leoKib.

Mr. R. JtoKsoNMid: Mr. Speaker, not having
been in the habit of public ^peski^g, it is wiib
freai diffidence I rise, to make any ob:>ervatioiii
OD the reioluiions now under cDnsidrration, after
•omucb has been said upon iheEuhjecl. But.sir,
knowing the deep stake Lbnt the portion of citizens
which I ha?e the honor to represeat, end the
United Slates at large, have in (he present em.
faarrassed state of our political effirs, waii to re-
main silent, Mf, 1 should feel as if I wax guilty of
treachery to ibeir iniereMa. I shall not aileropi
to follow geoileinen in their argurocnls who hare
fone before me in the debate, but confine my^elf
Io makesueb ohserTations on the resolutions and
ihe elate of our political affairn, as appear to me
IO be Drc*!iiary and proper. By the first resolu-
tion we are called upon to declare " that the Vai-
'ted States cannot, without a sacrifice of .their
* rights, honor end ipdepeodeDce,submit to the late
■ edicts uf Great Britain and Frauee." Why we
are called upon to make this decUraiion, 1 caanot
eonceive. I do not sec the use of it, unless it is
considered by ibe committee as a kind of test act,
which ibey think ought to be administered to
every member cf the House, to ascertain wbetber
tbey are of sound principles or not. 1 do nut like
such abstraci propoaiiiunx, I think them usriess.-
•a natbir>g caa come from tbera in a legislative
way ; no bill can be foroied from It ; however I do
not see anythin^r at present to prevent me from
TOtlng fur it. By the second resolution we are
called upbn to declare "that it is expedient to
'prohibit, by law, the admiRoiun into the ports
' Bad barbore of the United Slates of ail public or

"rate armed or unarmed ships or festeln be-

longing to Great iiriiain or France, or to any
Other of the belligerents having in force order>.
or decrees vlolalinf; the lawful commerce and
neuiral rights of the United Siales} aad also
Ihe impuriaiion of any (foods, wares, or mef '

' chandiae, the growth, produce, or manufaciuie
' of the dominions of any of the said Powers, or
' imported from any place in Ibe poaseasion of

-Here, sir, I shall take the liberty to disreni from
the committee, for I do not thinlt ii to be ezpe-
dieot to join them in such a reaoluiion as this.
For I would a.ik, what are we to promise to our-
selves from such a syiiirm as this; what will be
ih& probable effects of il7 Will it compel the
ercDl biflligerent Powers to do us justice lor past
iDJuriesand secure us for the future? Ifl thought
it would, I fvould most cheerfully vote for il. But,
kir, 1 have nu reason to suppose it will, for we
have now bad considerable experimental knowl-
edge of the effects of the embargo system, both
as It respects ourselves and foreign Powers, and
we have found from experience, that, as a coef
cive measure, ii has had no effect. It has not
compelled France or England to do us justice, or
to rescind their unlawful edicts and decrees, is-
sued against neutral commerce. And those aa-
ttouB having now experienced the effects of the
embargo for nearly one year, whatever alarm il
might have given iliem, when first laid on, that
alarm has ceased. And we have it from high
Butbotiiy, thai France cares nothing about it,and
that in Enelaod, owing to the great events now
pa.iMog in Europe, il is forgoilen. And shall we '
&liil, with ail ifais informaiiun and experience, ad-
here to this aye tern, and still ihiak we can legislate.
France and England into a committaoce to do
us justice, and bring them lo the bar of justice ia
ibJH wayl Far be itfrom meio eeusute anyone,
fur the part they have taken in endeavoring to
maintain the rights of our country, and giving
security to the interest ofonr ciiizeos. But, sir,
Ilbink, in the business of legislation, that the same
line uf conduct ought to be pursued, that we woulil
pursue in the comutoa and ordiitary proceedinga
of life ; fur should any of us undertake lo do any-
thing, Mippose it be to get a vessel afloat that had
been stranded, and the meaus employed were to-
tally inadequaie to its accoinplisbmeot, should we
hut abandon those means and try some other 1 We
have trieil the embargo, and found it altogether

fieclual, and we have no reason lo suppose,
that by a further continuance of it, it will answer
any oljhe purposes for which it wai iulended.

1 will now take some view, as il appears to me,
of what has been, and will be the effect of liie
embargo, if continued, aa il respects ourselves.
The burden of ii baa already been very great, on
a large 4)roportioa of our citizens. It has been
gnevoua, end very sore. Fur bow otherwise can
It be, when we consider, that all the naTigation
bu»ine.<s, from one end u> the other of these Uni-
ted States, ia totally stopped, excepting a small
emo^int of our coasting trade, and that remnant
under very great embarrnssineats; and all that
numerous class ofour citizens, dependent OD com-
merce, deprived of their usual means of gaining
a livelihood, and iocooKequence thereof thousands
of them have been obliged to live on their former
ingi, and cousome that little property ibe^
badi treasured up for their future tupport and if

.yGoogIc

HISTORY OF CONGRESS.

Dkcbmbeb, 1808.

Fbrtign JtetaHoit*.

H. OF R.

the embargo is eonlinued, the inericable eoote-
quence mast be, baDbruptcy to many of our mer-
ebaou, aod absaliiie distress, miserjr, and want, to
a large proporiioii of our ciiizeDs,who live in ibe
aeaport (owns, aod great embarrass men Is to all
classes orcilizeoi ihrougbout our cuunlry. And
if thi.t sysiem Is contioued, we mast iacar ibe
hazard or baring cirit commotions in our codq-
try, for ezpefieoce has proved, that when great
distress prevails amoD^ tbe people, and that dis-
tress arMea from political meaiuies, wbicb the
people are divided in semimeDi upon, the hazard
IS very great that civil commotions will take
nlace. Somegeatlemen have uodertakeo loshow
now much we have already tost by the embargo.
But 1 shall not go imo aoy calcalatiao of tbis
sort, for lam coavinced thatitde&es calculatioo;
it is impossible to follow it into all its turaiags
and windings. It is enough for me tobaow ihai
the loss iaimmense.Hadthatwe have received such
a shock by it, that it will require a long time lo
come, lo recover from it. Gentlemen have '
endeavored lo point out such parts of the Ui
as they think are suffering the most by the _
bargo. There is no doubt but that it does bear
banter upon some portions than on others, a
Ibat it is unequal in its operation. But, sir, i
idea is, that it bears the hardest upon that part
our citizens, where they are the most depend)
on commerce for their liviDg; and this being the
case, in nearly aa great a degree, perhaps, with
the citizens of Rhode Island as ia any part of
the UuioD, it follows that my constituents are
tufiering as much as any portion of the United
States.

But, sir, its pressure is upon the whole country,
and it carries misery thronghout our land; and if
continued, the distress occasioned by it must still
be much greater than it has been, and will be-
come intolerable in some parts of the Union, and
the consequences may be dreadful to the nation.
And as to its ejects on France or England, for
myself, 1 am of opinion, that the Bmperor of
France and King of Italy is well {ileased with
it, fur, as it is observed hy Mr. Canning, "it i
lainly comes in aid" of his eraod design, of

'made against it, will furnish them market enough ;
and our navigation being all laid up, and out of
the way, their ships will obtain great freighit
from Spain and Portugal to the colonies, and from
the colonies back to the mother country ; and id
consequence of our reti tinginio a slate of ilignified
retirement, as it has been called, they will have
nearly the whole trade of the world, iu their own
hands. And it appears to me, sir, in every point
of view that I can place the subject, if we con-
tinue the embargo, it will operate to distress our-
selves an hundred times more than it will any
hodv else. I will now, as I have heard the call
so treqnenlly made, that, if you do not like this
system, point out a better, and if it appears so, w«
will adopt it — I will therefore, point out, whht
ap|iears to me, a better line of conduct for the
United Slates to pursue, and if I am so unforCn-

) &ad a

< Hot

eof B

„ . de-
stroying ihe commerce o£ the Knglish.and trying
to give that nation the consumption of the purse ;
and, until he is satisfied with that speculation, he
will wish us to keep on the embargo. And since
Spain and Portugal have refused any longer to be
under the control of Bonaparte, and have bid him
and all his hosts defiance, and have connecteil
themselves with the English, I believe the Boe-
lish care nothing about the embargo, but would
give us their free leave to keep it on forever ; for.
sir, it gives ihe greatest activity lo thet; colonies
of Canada and Nova Scotia; and mu^^be the
means of increasing their setllemenis wtltl jtsiou-
ishiog rapidity. Experience has already proved
to them, that their colonies in the West IndW
can be tnainiaiaed without us, and Spain and
Portugal and their colonies having become open
to them, to vend their manufactures, and with
what can be smuggled into the Continent and into
«nr country, in spite of all the laws that cin be

_^ , _jlp it, for I feel mvself c

strained, from a sense of duty to my suffering con-
stituents, to inform ibis Hoiise and the nation,
that I wash my bands of it, and protest againal it.

I therefore, sir, with great deference to superior
abilities, propose that the law imposing an em-
bargo on all ships Hndvesselsof the United Stalei,
and all the laws supple olentary thereto, be im-
mediately repealed, and that we authorize our
merchants to arm their vessels, under proper re-
gulations, in defence of ourlegitimale and lawful
comnierce; that the Qovetnmeal from lime to time
afford the commerce of the country such protection

may be found necessary and prudent. Ifthit
IS done, I have no doubt but that the ciiizent
of the United Stales would soon be relieved from
their present em barrassmenU and distress. This,
'r, would produce a circulation in the body poti~
:, our planters and farmers would immediately
id a sale for their surplus produce, our mer-
lanis would find employ for their vessels, and
all that numerous class of citizens who have here-
tofore been engaged in the active and busy scenes
of commerce, would again find emplov in our
seaports. In tieu of beholding dismantled ships
covered with boards and mais, we should see m
them iparsand rigging aloft, and the porli whitened
with their nails, and again hear thecheeriog sound
idustry. But it has been said that if the em-
bargo was removed and our merchants should
send their vessels to sea, most of the pTOpernr
would be taken by one or other of the great bel-
ligereot Powers, and thus ha lost to our countryj
and that we have so little trade left that it is tiot
worth our notice. But let us ei amine this, and
Could we not, sir. in the present
state of the world, trade to England, Scotland,
and Ireland, to Sweden, Spain and Portugal, to
some of the islands in the Mediterranean, and
some of the Turkish ports on that sea ; to nearly

II the ports in the East and West Indies^ to both
ides of Ibe cootinent of South Amertca, and

^tnnt other places, and have the obstruction oc-
casioned by the embargo laws removed from our
own coasti Is all this trade of no importance
to trading people} Oanllemen have gone int*
. .. ,jj^^^ from our former Uade, Imw

.yGoogIc

811

HI8T0RT OF CONGRESa

812

[. arR.

Executive Docttment*.

much of our domestic produce eonld be exported to
tbediffereotpartorilie world, under chepresentena-
btrraMments, occasioned by the greiit belligereoi
Powers', but for tnysein put noconSdeucein aucb
■tiiemenis. I consider trade may in tome measure
be compared to water; if the coaimel it faas been
aied torun iu becomes obstructed.it will Grd oew
ehannels to teut itsel t in. For iDsiauce, sir,auppose
we should adopt the resolution offered by thesen-
Ileman from New York, (Mr. Mdhfoid.) He
meutioiiEiI that we could trade to the Liiile Swedish
island of St. Bartholomews. Id the West Indies.
Now suppose we should look over our former ex-
ports to luia ialand in any one year, what should
we find the amount to be? I do not know, »ir,
perhaps one hundred thousand dollars, but double.
Uiple It if you pitase, and what comparison would
it hear, wjih toe aiijoutit that would be shipped
the<e, under his syttem 1 Would it not immedi-
ately becomes dislribuiing point for the whole of
the West India ialands, and the amount increased
to an astooisbin; degree, when compared with
what used to be exported there? And so it would
be in other parts of the world. The articles will

50 where they are wauled, in a greater or less
egree; and if they cannot be carried directly,
they will find their way hi an itidireci manner.
And as to the daager of the property being cap-
tured and confiscated, 1 think our merchants and
Uuderwriters are the most competent to judge of
thai. They do not wish the GoTeroment to be-
come guardians for them in this respect. All they
wish lor Qovernmenilodo, is to let them manage
their own affairs in their own way ; and the Got-
einmenl to afford the commerce of the ooualry
as much protection as shall be for ihereal interest
of the whole nation. Have we not seen, in the
Summer past, with what eagerness the merchants
Id the United Slates availed themselves of thi
special permission granted to fit their vessels ii
ballast, and go abroad to collect debts 1 And wa
not every old and obsolete claim hunted up, that

existed in the couniry. to make out the am

necessary to avail themselves of this permisa
Is not this proof that the merchants did not con-
sider the risk very great? And was not several
hundred sail of vessels fitted out under this permii-
aion; and have they not nearly all returned back
totbe United States in saTcIyl Many of these ves-
sels were insured to the West Indies, out and home,
at premiums of about bight and nine pet cent., and
this in the midst of the hurricane season. This
proves that the underwriters did not estimate the
polilicalrisk at more than two or thrte per cent., for
the natural perils in time of profound peace would
be considered equal to six per ceui. And the cal-
culation of the underwriters has proved correct,
for they have made money by the business. Anil
was our embargo removed, 1 am of opinion, thai
the premiums of insurance would not be more
than six or seven per cent, to any port in Oreal
Britain, and about the same to Spain and Poitu-
^1. This, if correct, proves thai the political
risk is not considered to be very great by those
who ate the heal judges ot it. But, sir, its
to n>e, there are many gentlemen in this

who think it wilt not do to trade, until all politi-
cal risk is removed out of the way. If we wait
for this, we shall never trade any more, for the
natural perils of traversiug the ocean always ex-
ist, and always remain nearly the same, allowine
for the variation ofihe aeasoni. And the politi-
t perils always exist, but they vary according
the state of political affairs among the natioas
of the world. But, sir, I have repeatedly heard
il said, and the same thing is expressed in the re-
port of the comtniltee, that our situation is such,
~'iat we have no other alternative than a war,
'ith both Great Britain and France, submissian,
r a tolat suspension of our commerce.
The committee have sir, after a long statement,
brought our affairs up to this point, and I do not
like any of the alternatives, out of whick ibey
say we must make a choice, for I do not beliere
that we are reduced to ibis dilemmai and I will
agree lo go to war with both England and
France, nor will I agree to submit, or to totally
suspend our commerce. But I will agree to give
our merchanla liberty to arm their vessels, under
proper regulations, in defence of our legitimate
commerce, sad leave it to them to send (heir ves-
sels for trade where ihey please; and if any of
them ate so unwise as to trust their prbperty to
France, or to any ports in Enrupe where the
French control, let them fight their way there if
they choose. I see no other course, sir, that we
can pursue, that will be so much for the interest
and honor of our country, aa the one pointed
out. The Ameticau people are a cool, calcula-
ting people, and know what is best for their in-
terest, as welt if not better than any nation upon
earth, and I have no idea that they will support
the Gtovernmcnt in a ruinous war with England,
under the present existing circumsunces, nor in
depriving them of all trade and com*

Mr. McuroRO then offered a few obaervatioas
in answer to the remarks of Mr. Gholsok of
Virginia. During the discussion, six different
motions were made for an adjournment, the last
if which, offered by Mr. Gjlbdehieb, was carried
— yeas 58, nays 48.

MoN'oiT, December IS.
Mr. McuFoan presented a memorial of the
urviving officers of the late Revolutionary Army
and Navy of the State of New York, praying
that they may receive the difference of the in-
terest of six per cent, on their Qnal settlement
certificates for the years 17B2 and 1783, and on
the commutation ceriificatex from the 1st of Jan-
uary, 1784, to the 1st of January, 1791. which
were funded at three per cent.; also, ten years'
interest upon one-third of the principal of their
respective final settlement and commutation
notes, which constituted the six per cent, defer*
red stock.

EXECUTIVE DOCUMENTS.
Mr. Randolpu observed that it was not with-
out some embarrassment that he rose to submit
a motion to the House, not because he conceived

.yGoogIc

HISTORY OF CONGRESS.

Dkcbhbbb, 1808.

Executive DocumenU.

perfectljr sure whether, preTious to making it, he
ojght Dot to request the galleries of the House to
be cleared. Bui, iaasniuch ai the motioa iiielf
conld cDDvey nothing to the spectators io the gal-
leriea which wauld he improper to disclose, aod
it would be compeieot for the Chair to decide
whether .the di&cussioD (if any should arise)
ought to be carried oa with closed ^oora or not.
perhaps it would be hetler, in the first instance,
Io Buomit the motioa with the doors opeo, be-
caase he 'knew what seusaiions the closing the
doors of the House freqaeolly excited. The pub-
lic had already saen, by the supplemeniBl journal
of proceeding) with closed, doors, the fate, of sev-
eral motions made in order to give publicity
to sereral commuaicatioDs from our Ministers
abroad. They bad abo seen, he presLumed, be-
oause iie had seen In the public newspapers, a
letter purporting to be writlen by ■ member of
this House, (Mr. Sawver,] containing what was
stilted to be a di«cloture of those despatches io
subalauce. It could Dot be forgoltea that, during
ihe discassicHi of propositions to give publicity to
tboae communications, gentlemen, one io partic-
ular from Massachusetts, bad eouceived that
notbiag could be more unhappy than to give,
substaatiallyr tbtiir couleuts ; that it would be ia-
fiaitely better, in fact, to publish them cerbottm,
thaa to give what each individual might choose
to call their sub^jtaoce. And Mr. R. said it was
well known that his worthy friend from North
Carolina, (Mr. Miooic,) though zealous for their
pubticatioo, had votcil agaiosl giving permission
Io any individual ts make public what ne thought
to be their luhsiance.

{[ was with exlTeme lelucEaoce, Mr. R. eaid,
that he-bad drawn into question the name of any
membet of this House, paiticalarly of one who
was not present. He &aid he had deferred tbe
motion which he was about to submit, in hopes
that the gentleman whose name had been used
by the public paperi would be present to inform
the House whether his name bad been properly
used by the public papers or not. He wished not
to be understood as vouching for the proof of the
fact; but the impreision on the public mind was
the same from that letter as if it bad actually
been .written by the Qiember in question ; and it
must be well known to every member of'this
House — and that, as for as it went, was a proof
that it had not been wriUen by the gentleman in
questioD^ — that the letter didjiot contain, substan-
tially, tbe amount of the despatches. He said be
perceived in that printed letter that an import-
ant letter of General Armitrun^, he thought of
the 22d of February, was not a^uded to at all.
He thought it important not only that the public
should see what Ihe members themselves bad
seen, that they should know what they knew, bat
that they should be apprized of what, m bis opin-
ion, was not of much less consequence, of what
the House did not know. For this purpose, he
taidj be would again submit a motion to the
House which bad beea once rejected, upon giouud

H. OF R.

which, io his opinion, could not at this moment
have weight, since the principal objection con-
sisted in the impropriety of p'^rmitling anything
purporting to be the contents of the communica-
tions to be known, on account of Ihe misrepre-
seuiatioD to which they might be liable.
Mr. Randolph then offered the following reio-

Setohed, That tbe injanctioti of aacrecj imposed on
the camiDUDicotian from our rsipeetivc Minutara at
Paris and London, nhich accompanied the Ftesident'i
Message of the Sth instant, be taken oS, with tbe ex-
ception of the eilTBCt of a letter from Geoorsl Ann-
strong to the Secretar; of State, duted Paris, Decem-
ber S7lh, 1807.

The Speakbh obseTVed'thai,in his opinion, (he
rules of the House required thai this resolution
should be considered wiih closed doors.

On motion of Mr. Randolph, ibe galleries
w^re accordingly cleared, aod so remained for
about an hour and an half, when they wereaKsin
opened. Whilst the doors were closed, the ques-
tion on Mr. Ranoolpu's motion was taken, after
debate, by yeai and nays, as follows:
' Vkai — BurwelJ Baisetl, Epaphttxhtui Chioipion,
Murtin Chittenden, John Cuipeper, John Davenport,
jun., Daniel M. Durell, James ElUot, William EI7,
Barent Oardenier, James M. GBj-nclt, Edwin Gray,
John Harris, William Hoge, Richard Jsckson, Robert
Jenkins, James Kelly, Thomas Kenan, Philip B. Ke7.
Joseph Letrisrjun., Edward St. Loe LiverTnoie, Mat-
tbevT LyoD, Nathaniel Macon, Jaiiab Mssten, John
Morrow, Jonsthsii O. Moselj, GurJon B. Mumtbrd,
Roger Nelson, Timothy Pitkin, jun^ Josiah Quiniy,
John Randolph, John Russell, Samuel Smith, William
Stedman, Lewis B. Stories, Samue! Taggirt, Benja-
min Tallmad^, Abram Trigg, Jabex Upbaoi, Philip
Van CoiUsndt, Archibald Van Born, KiUian K. Van
Reasselaer, and David R. Willisma— 42.

Niis— Bvaa Aleiandar, Lamnet J. Alston, WilKi
Alston, jnn., Bzeki<t Bacon, Joseph Barker, WjUiam
W. Bibb, William Blackledgo, John Blabo, jun^ Tho-
mas Biount, Adam Boyd, Jobn Boyle, Robart Brown,
William A. BuiweU, William Butler, Joseph Calboun.
George W. Campbell, Matthew Clay, Jobn Clapton,
Ricluid Cults, John Duivson, Joaiah Desoe, Joseph
Desha, William Findley, Jaraea Fisk, Meshack Frank-
lin, FrancU Gsrdner, Thnmas Gholson, jun., Peterson
Goodwjn, Isaiah L. Green, John Heiater, Wiliiam
Helma, James Holland, David Uolmei, Benjamin
Howard, Reuben Humphreya, Daniel Ilsloy, John Q.
Jackeon, Richard M. Johnson, Walter Joaea, William
Kirkpntrick, John Lambert, John Love, Robert Ma-
rion, William McCreery, William MUnor, Daniel
Montfomery, Jan., John Montgomery, Nicholaa ft.
Moore, Thomas Moore, Jeremish Monow, Tbomaa
Tfewbold, Thomas Nenton, Wilson C. Nicbolaa,
John Porter, Juhu Res of PonasylTania, John Rhea
of Tennessee, Jacob Richards, Matthias Richards, Ben-
jamin Say, Gbenezer Seaver, Samuel Shaw, James
Sloan, Dennis Smelt, John Sniiliu, Jedediah K. Smith,
John Smith, Henry Southard, Kiebard Stanford,
Clement Storor, Peter Swart, John Taylor, John
Thompson, George M. Troup, James I. Vao Alen,
Daniel C. Verplanck, Jeaso Wharton, Robert Whit«-
hUl, Isaac Wilbour, Alexander Wilson, Nathan Wit
son, and Richard Winn — Bl.

And the doors being now opened, a message

.yGoogIc

315

HISTORY OF C0NGEB8S.

H. or R.

FOnign Melalumt.

Deobmbsr, 1806.

from the Seoiic iDfoniied the House that ihc
Senate Imve passed a bill, eniiiled "An act for
the relief of Andrew Joseph Viilard ;" lo which
ihey desire ibe concurrence of lliis House.
FOHEIGN RBLATIONB.

The report of the Commitiee on our Foreign
Relaljons being siill under confiderBlion—

Mr. Oahdehier comruenced a sjieech apinsl
the mettsures of [be preaeni AJministraiiun gen-
erallr, and ihe embargo in particular. When he
had been speaking about an hour —

Mr. TJpHiM observed that the usual hour of
adjuurnment (^bout half past two o'clock) had
arrived, and the gentleman appeared noi lo have
nearly fioiahed. He therefore moved to adjourn.

Mr. Qardenier giving way for the purpose of

ermitling a question lo be (aken on ihe motion,
r. J. Jackbon called for the yeas and nays on
it, giving as a reaKon his desire that the public
should know who were willing lo protract public
business thus. The rtiolion for adjournment Was
negatived — yeas 47, nays 65.

After Mr. Oardenier had spoken about twenty
minutes longer —

Mr. QuiNCY observed that the gentleman from
New York appeared to be much exhausted, and
renewed the naotion for adjourniaent.— Carried —
yeaa 67.

ToESDir, December 13.

On inoiton of Mr. TuoMAi,

Buolved, That a comniiiiee be appoioied lo
isquite into the expediency of dividing the Indt-
•Da Territory ; and that they hare leave to report
by bill or otherwise.

Ordered, That Mr. Thohas, Mr. Eehan, Mr.
BAaRETT, Mr, Tagqabt, and Mr. Smilib, be ap-
|K>inied a eommictec pursuant to the said resolu-

On motion of Mr. TnoMAa, the resolutions of
the Hooseof Representatives of the Indiana Ter-
ritory, which were read and ordered lo lie on ihe
table on the fourteenth uttimo, were referred lo
the select committee last appointed.

Mr. Marion, from the committee to whom was
referred, on the lenih instant, the bill sent frnm
the Senate, entitled "An act further lo amend the
Judicial System of the United Stales." repurled
thebill to Ilie House without amendment ; Where-
upon ihe bill was commiltad lo a Committee of
the Whole 10 morrow.

The bill Eenl from ihe Senate, eniiiled "Ai
for the relief of Andrew Joseph Viilard,"
read twice and committed to a Conmiiiee of the
Whole to-morrow.

On motion of Mr. Albxandbh,

Retolved, That a commiiiea be appointed to
inquire whether any, and, if any, what farther
provision ought to be made by law, prescribing
the manner in which ibe public acts, records.
and judicial proceedings, of one Slate, shall be
proved and given in evidence in another Slate,
and the effect thereof; and that ihey hare leave
to report hy bill or otherwise.

Ordered, That Mr. Albxahdgb, Mr. David R.
WiLLiAMe, Mr. JoBir O. Jacksoh, Mr. Key, and
Mr. QrCiKcy, be appointed a commitiee, pursuant
10 the said resolulion.

message from ifae Senate informed the House
that the Senate have jiMfei a bill, entitled "An '
act supplemental to nn act eniiiled 'An act for |
ejtlending the terms of credit on revenue bonds, in i
certain ca!-es, aud for other purposes;'' also, a bill,
entitled '-An act lo change the poti route from I
AnDapolisloRockhell. by Baltimore to Rockhall;" i
to which Ihey desire the concurrence of this
House.

FOREIGN BELATI0:NS.
The report of the ConHuiltee on Foreign Reta-
ins still under cunsiderai ion-
Mr. GABi>eHi£R oceupied the floor, in continu-
ation of his observations of yesterday, for four

The following is Mr. Q*RnE!f!BR'B speech en-
tire:

Mr. Speaker, I had intended lo defer the deliv-
ery of my sentimeuls upon the second resolution,
nniil that resolution should come before the
House. But the course which the debate lias
lakeo, has produced a change in my origiDal
intention.

Thai the first resolution is an uniteeessary one,
because no clear, definite, practical results can
flow from it, appears to me self-evident. Are the
people of this country Busptcted of an intentioa
10 abandon iheir rights or their independence?
Indeed, sir, they are nol. Why then is il,lhat we
are celled upon to make a new ileelaration of in-
dependence 1 Or was the Administration coo-
ducted in such a manner as to make the Srraness
andpaltiotism of the nation itself doubted abroad?
Even I, sir, who am not suspected of a blind coa-
Sdence in our rulers, will not advance such a
charge.

The true question is pot. Is ihe matter express-
ed in this absiracl proposiiion truej But, Is it
necessary that a resolution containing it should
be passed hy this House? I airree with the geo-
tieman from Tennessee (Mr. Campbell) thai it
would be ho less ridiculous to pass this resolution
than 10 paw one that the sun shines. Allowing
both to be true, both are equally unnecessary lo
be imhodied in a resolution of this House. Be|^n
this system of abstract legislation, and where are
you lo stop? Sir, ii partake.') loo much of the
characlur of disturbed, rerolulionarv limes. To
such a blasphemous height was itiis notion of
voting ab'<iract proposiiiuns or declaraiions, or
truisms (call them what you wilt) carried at one
time in France, that their Coaveniion very grave-
ly decreed "that Ihere wasaGod!" Thiswaas
self-evidenl trulh ; and being so could not become
more so by being decreed. And if the edicts of
Oreai Briiain and Prance go to Ihe destruction of
our "rights, honor, and independence,'.' oor »o(-
ing that such is their operation, makes it neither

.yGoogIc

817

HISTORY OS CONORESB.

Decehber, J

fhreign Belationt.

H. OP n.

whether tbe BMeiiioDBJieoDUiiisareiriieor fihe.
Wiiy, lir, if I should oSuia reidutioo that at this
momeal ihe sua shines, aod tame one shoulil sec-
ond me, would it be caaieuded tbal this House
ought graveljr to proceed to the queslioo 7 aad if
my member should say, " I Toie (gainst this res-
olulioD because it is too true to be made more so ;
and because, iberefoie, I ihiok it uoueceuary lo
be panned," that be, sir, should be considered
blind }

Again, |[enileinen, some too with whom I am
io the habil of actio^, say, at ihe worst, the reso-
luiioD is harrolets — it lies you down to no specific
course, aad therefore you may as weil vote for
it; that to vole against it, will sBbrd a haiidle
againti our popularitf— that (he resolution itself
is an artful one — a trap set to catch the Federal-
ists, as it will bold ihem up to suspicion, if they
Tote against it — for the vote will appear upon the
Journals, when the argument is oat to be found
there. Well, sir, if it be iu truth a trap lo catch
poor FederaliMB id, I, fof one, sir, am willing lo
be caught. I uever deceived the people whom I
ha?e ihe honor to represent, either by glriog a
vote to the propriety of which my judgment was
opposed, or by prolessing opinions wbieh I did
not entertain; and, sir, 1 trust in God, [never
shall. The appla^use of my coDstituems is dear
1« me. But I would rather strive to deserve it —
than, uot deserving, to receive it. Yes, sir, ray
course shall be always a plain one — a sti'aiiih (for-
ward course. 1 bave not acquired the confidence
of my constituents by increasing iheir delusions.
I have always labored to disperse them. At my
first election to this House, a decided majority of
them were opposed to my politics. Tbe thought
has oCtea distressed nxe. But Uie cause of that
distress exists no longer. And, cberefure, sir, I
will go ou discharging my duiy witb the roost
aciupuloua obedience to my judgmeat.and where
lie weighl of a bair ought to turn the scale, it
shall luTa it.

But if I had no other objection against this ab-
stract. '■ harmless" resolution, there is one which
would be decisive : I would reject it on acaouni
of " ibe company il keeps." The committee, for
reasons which 1 shall not stop to disclose, have
thought it importaat to introduce this, by way (if
propping the second one. That second one, sir,
the undoubted object and inevitable tendency of
which my whole soul recoils from, which 1 abhor
and deprecate, as fatal to the prosperity and hap-
piness of my country — as the grave of its honor
—and I fear 1 do not go too far when 1 add, of '
independence! that resolution is not alune su .
mission to Prance; but, under the pretence of
resisting her infractions of [be laws of nations,
her violations of the sacred rights of hospitality,
her laughing to scorn the obligation of treaties —
It makes us submit to ail — to encourage a pei
Terance in all. Nay, sir, it (brows the wli
weight of our power loto her scale, and we
come not only tbe passive, but, (o tbe whole
teat of our means, the active instruments of thai

Klicy which we aSect lo abhor. This, sir, un-
ppily, is capable of tbe most dear demonstra-

tion ; and, in the proper place, it shall appear so.

ter now upon the discussion of the second
resolution. And although I am aware bow litllc
professions of sincerity and embarrassment are
genetBlly regarded ; and, indeed, how little they
ought to be regardeti, yet I cannot approairh this
nwful subject without declaring that 1 feel as if
I was about to enter thesanciusry. of our country's
independence ; and 1 tremble with the same fear-
ful distrust of my powers, the same disiressiog
perplexity which would embarrass me if I baa

ered Ine labyrinth in which was concealed the

ret of that cnuntrj's honor, prosperity, and
glory. I do feel, sir, that we should enter upon
the discussion of ibis question divested of all the
prejudices and passion of party — no lesh than all
foreign predilections and animosities — with clean
' earts, sir; yes, beans seven times purified, to
irepare ihem for the discharge of the sacred, the
lOly duties of this awful crisis. He who can
0 roe to this debate wiih other motives iban lo
Bve his country, placed as it is on the brink of a
dreadful precipice, deserves lo be heard nowhere
but in ihe cell.i of tbe Inquistiion. The sound of
his voice should never be suffered to pollute tbe
Hall of the Representatives of the American
people. But he who, thinking that he has traced
the causes and the progress of our misfortunes,
and that be may, perhaps, point ihe nation to a
path which may lead it back to the prosperous
position it has been made to abandon, would be a
traitor to the Stale, if any considexatjons could
keep him silent.

In my vieWj sir, we have gone on to long in
error — our affairs have been sneered lo run on,
year after year, into so much confusion, that it is
not easy to say what should be done. But if it is
magnanimous to retract error, ceriainlv it is only
the jierformance of a sacred duly, which tbeir
servants owe the people, lo abandon a system
wnicb has produced only disappoiutmeut and dis-
asters hitherto, and promises only ruin and dis-
grace in future,

The time, sir, has been, when tbe Governmeat
was respected at home and abroad, when tbe peo-
ple were prosperous and happy, when the politi-
cal body was In high, in rigorous health ; when
America rejoiced in the fulness of her glory, and
the whole estent of the United Slates presented
a scene unknown in any other country, in any
other age. Behold uow the mournful conirast. the
sad reverse ! We are " indeed fallen, fallen from
our high estate!" The nation is sick— tick at
heart. We are called upon to apply a remedy ;
and none will answer which shall not be effect-
ual. No quack prescriptions will answer now.
And the cure, lo be effectual, must not persevere
in a course which has not only produced no good,
nor protnises any ; but which has brought the pa-
tient (if I may use Ihe figure of tbe gentleman
from Maryland, Mr. Nelson) to his present for-
lorn condition. Such a perseverance may seem
tQ argue great hardihood, or, if you please, spirit;
but, after all, it is nothing but the desperate fren'
zy of a losing, half-ruined gamester.

It becomes, therefore, at last, indispensable to

.yGoogIc

HISTORY OF bONGEBSS.

H. OP R.

Foreign RdatioTU.

Decghbeb, ISOS.

take a t^troapeetive view of our affairs. And if
Tn takiog thii viev, we should find the cause or
our dliasteis. we roust not fear to coatemplate il,
to hold it up ; and, haring grown wiie by eiperi
ence, we must not be prevented by faUe pride,
front proOting bf it; we rousc not shrink from
the eietciie of a virtue because it is also an im-

feriDDs duly. And 1 hope that no gealleman who
ears me is unwilliof to sacrifice the popnlariir
of the Administralioa to the salraiioo of the
country.

Permit me then, sir, to go back lo that period
in our history which immediately preceded the
■dopiioD of our present forni of GoTernmeiit.
What was then our condition ? The people were
poor — for there was no commerce to assist agri-
culture— there waa no revenue for general ob-
jects. Many States were hardly able to collect
enough for State purpoees. And, of course, there
was no such thing as public credit, although
there was an immense floating debt. We bad no
reputation abroad — there was no confidence even
at borne. But. sir, we had a WAHHiNa-roN, and
we had the pupils of WaBBiNoron, nien whom
he knew to be fnithful, in the Cabinet, for he
had found them faithful <□ the darkest stages of
the Revolution. The naiion, happily, had not
been deluded— they knew their friends by their
deeds — they had not yet yielded tothe sweet fas-
cinaliOD of the seductive popular declatiiBtiuos of
these latter times. Meo were known by what
thev did, not by what they said. These men, sir,
baa the sagacity lo discover the secret springs of
OUT prosperity and happiness and glory. Aiul
tbey were nble. to strike them with a powerful
hand, and with a powerful band they did strike
tfaemj end, instantly, as if by cntfhanlraent, the
■cene changed. Suddenly, agriculture raised her
drooping head, for commerce beckoned her to
prosperity. Your people began to pay their debts
and to become rich. Public credit was restored ;
the Treasury began to fill readilv. Sources ot
revenue were explored, certain ofcontinually in-
creasing, equally certain of being never exhaust-
ed, except by folly and madnem. Indeed, sir, so
perfect was tbe financial machinery that it admit-
ted uf no improvement. It required no more
(kill in the successors of ibe illustrious Haoiillon
(o make this iastrument "discourse most excel-
lent music," than il would a child to ptaya band-
organ. An end was put to our Indian ware; our
Algerinc captives were redeemed — our repntalion
was established abroad, and the United Slates aa-
Bumed their just rank among the nations of the
earth ! This was, indeed, a work wurthy of the
illustrious patriots who achieved it. It was the
reeuJl of that profound practical wisdom, which,
never y^ielding to the deception of brilliant theo-
ry, saw the public interest, with a clear eye, anil
. pursued it With a firm and steady step; and it
was no wonder that it was successful. Let me
add, too, thar all this was accomplished without
taxation being felt by the people.
* But this greai prosperity was not without inter-
ruption. It received a stroke, sir, deep and dau-
gerous, and almost mortal, from the tremendous

system of spoliations eommenced by Great Brit-
ain in 1793. Misforluuea cast themselves across
the path of nations as well as indiTiduals. They
are often nnavoidable, and no nation can hope to
be always exempt from tbem. Tiie wisdom of
the human mind is displayed in pnttiriK an end to
them in private afiatrs, and in public ibat siatea-
raan only is great who can overcome and disperse
thcra, who, though he cannot avert the bolt, can
prevent the ruin it threatens. At the period of
which I speak, we had such statesmen. Yea, sir,
the alarm was depicted on every coUDteoaace —
though the naiion staggered to its centre under
the severity of the blow it had received, yet was
the Administration equal to the dreadful emer-
gency— it had hrooghi the nation into eaistence
and prosperity, and it was equal to the preserva-
tion of tK)th. And tbey showed it, not by Teat-
ine their rage in idle reproaohes, but by applying
efficienlremediesto the diseases of the country.

Let it be remembered that justice was to be ob-
tained from Great Britain ; from that Power
which is DoW represented and beld up to our iit-
dignation as " proud, unprincipled, imperioai,
and tyrannical j" antl which certainly was at
least B<i much so then ; for then she bed on her
side alt Europe engaged in combination againul
France, and France was alone as England is now.
In short, sba was then on the continent ot Europe
what France is now. Yet, from Ibis saroe conn-
try, did our Government succeed in obtaining not
only reparation for the spoliations committed, but
a surrender of the Western post* also. I repeat,
sir, all this was accomplished when Great Britain
was not less imperious in disposition, but more
formidable in power than she is now. And surely
all this ought to appear strange and wonderful
indeed to those who have' been deluded into the
idea that, when Great Britain was sira^liog,
gapping for existence, the same thing was impos-
sible : tliathas with ease, and under more inauspi-
cious circumstances, been accomplished, which
the men now in power pretend tbey have attempt-
ed in vain. StJIl, strange as it. may seem to tbem,
it is Is a fact— it is'history, Well, sir, how was
this miracle brought about? By a process very
plain and simple. The Administration was sin-
cerely desirous of peace ; and, that single object
in Iheir eye, they exerted their abilities to obtain
it, and consequently did obtain it. The instruc-
tions of the Minister breathed a desire of peace—
of reconciliation upon terms eompatiblewitli the
honor of both nations. The Administration did
not send with their Minister a non-importatian
act. a proclamation, or a permanent embargo, bf
way of exhibiting their love of peace. The re-
finenrent in diplomacy which sends with the ne-
gotiator a new cause of quarrel for the purpose of

lerating the adjustment of an old one, was

/et invented. No. sir, Mr.JFay, (and the name
of that stern, inflexible patriot and Rejiubtican,!
always repeat with delight and veneration, be-
cause he is a patriot and a RepuUicao)—

[Here Mr. UpBam look the adv^^ntage of a
pause made by Mr. G. to otmerve that, as the gea-
tlemaa appeared considerably exhauated &c., he

.yGoogIc

HISTORY OF CONGRESS.

DECEHBra, 1S(

Fbreign /lelatiant.

H.ofR,

wonld mgr« an adjourn ment, which was tskeo
br ayes and Does,aad'loet — ayes 47, noes 65 — Mr.
Q. voting in tbeaffirioHtive.]

Mr. O. continoed. — Mr. Jay bad no diEposilion
lo bully the Briiisb QovernmeDt into justice ; he
had DO objeciion that they shoald have alt the
meril of returning voluniarily to a sense of jus-
tice, proTided bis country niieht have the benefit
of subslBDtial rcparaliOB. The stem saee of the
ReToluiion became the eonrteons AmMssadar,
and,appealiDg'' to the JDStiee and magnanimity of
His Britannic Majesty," be demanded redresi
■nd he obtained it. The British GtoTernmcDtsaw
that ours was sincere i)r disposed lo be at peace
with them; and, pureuing thf natural direction of
their interesls. there was no difficulty in maliiag
peace. Out plundered tnerchanis were compen-
mied — pud, sir, bonajide. We did not purchase
redreas ; we did not pay for the surrender of the
Western posts, which were our right, and out of
the ptircba.-ie money indemnify a portion of our
own citizens. No ; the payment was to all ; aad
in right old-fashioned " British goId,"all counted
down on the nail. I wish that, I could, with
equal truth, say the same thing of more modern
treaties.

And now, sir, cornpensation being made by
Great Britain tor the sjioliations on onr commerce,
(he Western posts being surrendered, n commer-
cial treaty bemgeslabliahed.iiie dark cloud which
obacuTcd our prospects being dispersed, the sun of
oor prosperity once more buret forth in all its ra-
diance, and again all was well.

I care not what were the objections of the day,
begotten In the brain of faction, and cherished in
moba; under the treaty we were prosperoai and
happy, and that one fact is enough for ma. Bad
as the treaty was represented to tw, and the worst
feature of it most probably was. that it was a
British Treaty-^bad as it was, the continuance
of its CKistence has been precisely coextensive
with the progress of oor prosperity — it made our
people rich and happy ; and, bad as it was, they
would have cause to rejoice indeed if the present
Admin isiratioD had furnished them with just
such another.

FrancBsawwiih uneasiness the return of a good
understanding between America and Great Brii-
aio. And she, in her torn, let loose her plunder-
ers DpOD OUT commerce. Again, the wisdom of
our OoTernment was called into action, and again
it produced the most bappy /esult. What did
they do ? An embassy wai despalched lo France,
redress was'demanded, but the Ministers were not
received, nor could be, till a douceur — a tribute —
was paid. From a nation which returned lUch
an answer, redress could not be expected; and
there was an end of negoiiaiion. Britain and
France had acted toward as with equal injustice
— the disposition of our Government, its desire of
peace, was the same with both, lis conduct was
the saaie to both, but France would not even
our demands. The American Guvernraent
at DO loss how lo act. The case was a plain
One nation roba another — that other demands
repataiion — prevarication is the reply. It requires

skill to see, i

ingly, 01

case, that, to coax the
Into reparation is impossible Aecord-
r Government did not hesitate as lo the
should pursue ; (hey did not wait to be
spurred on by any Governinpnt to an assertion of
their rights; they wonld not leave it one moment
doubtful whether they had the disposition and the
ige to assert them. They proceeded imme-
diately to annul the French Treaty, to pasa non-
intercourse laws; they built ships of war, and
sent them upon the ocean, to protect our com-
merce. They were not so obstinate but that they
could receive instruction, even from the author of
the "Notes on Virginia," who, in that work, so
judiciously recommend.H a navy. Our little ar-
mament picked up the French cruisers, great and
small; the coast, the tea, was soon cleared of
them. . And our commerce again visited every
clime in safety.

I will here remark, sir, that, during all this time,
the siaplecomraadities(particularly of the North-
ern States) suffered nodiminutiou, but an increase
in price. WeH, sir, France very soon discovered
that she had nothing to gain, and we nothing to
lose by such a state of things. Even then, wh«ii
she bad some naval power, she discovered this.
She was, therefore, very soon disposed to change
it. A treaty was patched up, in the end, and some-
thing like the appearance of redress provided for.
Now, sir, for ihe result, A former Adminis-
tration were able to settle our differences with
Great Brilatn, Although she governed all Europe,
although she was unjust haughty, end imperious.
Now the same thing is said to be imj>ossible ! A
former Adminisiraiinn were able, after a fair ne-
gotiation had failed, lo briug France, who had
then some maritime power, on her marrowbonei.
And now, when she has none, again the same
thing is impossible! How happensall ihisT 8ir,
~ am afraid your Administration have commilled
nost capital mistakes. TItey have been unwil-
ing to learn whdom from the experience and
iucceas of their predeeeisors. I do fear, and I
ihall be obliged to prove, that, on the one band,
they have been actuated by, certainly (hey bate
never (following the example of a former Admin-
istration) maoJ^sted a sincere disposition to ac-
commodate our difficulties with Great Britain.
And, on the other hand, Iheyhave in no instance
shown In France that bold front which, in more
unpromising times, brought (he terrible Republic
to her senses. These two errors, these wilful,
wanton aberrations from established paltci^, are
the true causes of all our misfortunes. 1( is ow-
ing to them that we have, if we believe the Ad-

at war with each other, and we, the only instance
of the kind, since the creation of the i^orld, are to
step out, a third and distinct belligerent, a sort of
Ishmaelite belligerent; our band against every
nation, and every nation's hand against us. We
are in a situation which defies hope, onein which
we have but a single miserable consolation, that
though it promises nothing but ruin, yet it is so
ridiculous, so ludicrous, that we can but smile
at It.

.yGoogIc

HISTORY OP CONGRESS.

H.orR.

Foreign JlekUioiu,

Deobhbbk, 1!

These remark* ara exiorled froDi me a liule
ont of theif order. I return to the period of the
rettoratioD of peace between the United Siaiaa
and France.

The AdmiDistrslion DOW ( 1801) passrd into the
hands of other men. They recei red acountrr- rich,
prosperous, and increasing in prospirTJIy'. A people
eoDlenied ond happy ; oi discoutenled naly with
those who bad been the authors of their prosper'
ity. They received h Trensury full and over-
flowing, giving a vigor «Dd a spring to public
credit, almost unknown berore.aad lo the reputa-
tion of (he couDlry a dignity uniullied; they
found us in peace and friendship with all nations,
our commerce whitening every sea, and reward'
ing ugriculture for all its industry, and everyone
■itling in peace, tinder bis own vine and fig tree.
Our cuuntty presented to the aniniBted phliao-
thropist one uninterrupted display of liberty, of
gaiety, and of felicity. Oh ! happy, happy period
of our history— never, never, 1 fear to return.
And, if ever truth dropped from the lipi of man,
it was when the nation wis declared lo be in "the
full tide of snccesiful experiment." Never were
the destiuie* of a nation in more wonderful proi-

Crily commilied to men. That ptosperity had
en acquired at a price no )es« unparalleled, at
the expenne of the dektrucliou and disgrace of
those whose wisdom and energy had produced it.

The new men, sir, were not reqnired lo bring
order ont of confusion ; that had been done
already.

They were not called upon lo lay the deep and
strong foundationsof national prosperity and htp-
pine«s; that had been done already.

They were nol enjoined to "multiply" the (al-
sols commilied to their iicwardsbip; that was
unnecewery — ibev were merely commanded to
preserve ihem undiminished.

They were not required to creaie a paradise —
but to Keep uninjured that which was committed
to their guardianship.

They promised, indeed ; they were so rash, in
the fulncii^ of their exultation, as to promise to
do more; but folly alone coald believe them; and
for breaking this promise 1 forgive ibem, for lo
do more was impossible. And if they had but
preserved unimpaired, if they had not lolally de-
troyed iheiaestimable treasures inJruiited to them,
I would have endeavored to overcome my re-
senimeni, my indignation, and mj despair.

In performance of their lofly promises, in dis-
tegard of sacred dulies, whal have they done 1 In
whal'conilition do they leave the country, which,
eight years since, "in the full tide uf successful
experiment," fell into their hands? They pre-
tent to us, sir, the gloomy reverse of all it was-
The people discontented and distressed — all be-
coming daily more and mora poor — except, in-
deed, that class of rich speculators, whose wealth
and whose hearts enabled them to prey upon ibe
wants of their countrymen. The despair end

dismay of 1786 are returned 1 The prosperily of
"lilated at one stroke ! The
e dried up. The Ti

twenty years is annihilated at one stroke
sources of revenue are dried up. The Treasury,
indeed] may be now full — but it musi continually

diminish — and, without its asual supply, it oiast
soon be empty. We have still some credit. But
bow lone, sir, can that be mainiaiaed. when it is
known that we have no longer the means, allow-
ing u* lo possess the disposilion, Co fulfil our pe-
cuniary engagements 1 When you cannot collect
a cf nt upon imposis, and dare not lay a direct
tax, how far you will be able lo obtain money on
loan, is, lo say the least of it, very questionable.
But, I will hasten to finieh ihe contrast I was
about lo make. Commerce, sir, has perished, and
agriculture lies dead at her side — for ihese tma-
sisiers must floorish or die together. No'naHon
in the world is our friend— our paradise is becom-
ing B wilderness ; our *oil is stained with the
blood of our own citiiens; and we look around
us, in vain, for one aoltiary benefit to compensate
us for all the dreadful effect* of the present

Perhaps, air, I may be amwered: "Tbongb all
you have said be true, tbotigh our former pros-
perity exists 00 longer, it is ungenerous, it is ud-
jost to impute the change to the agency of ihe
Administration. What has happened could not
be prevented." Though such a rebuke were rea-
sonable, I will still insist that the Administration,
if they deserve no censure, are certainly entitled
to no praise, and can ask for no confidence. If
they have not been the authors of the public ca-
lamities, they have not, like their predecessors,
discovered the ability to prevent them from com-
ing thick upon us. If their bearta are honest,
their heads have nol discovered much souadneas.
No Ket of men. however ignorant, however stupid,
could baVe placed the country ina wome or a
more deplorable situation. The truth is plain and
palpable. Judging of the wisdom of the Admin-
isiraiion.by the result of its measures, I cannot
sing praisis to them for iheir skill and iagenuiljr
in diplomacy. No, sir; I delight in that diploni-
acy which makes the poor rich ; which makes
industry prosperous; which spreads conteutmeat
through Hie land, and happiness among the peo-
ple. I.deliglil in Ibe diplomacy, whose skill and
wisdom can be read in the couoienance of my
countrymen, and makes the face of my 000111x7
the evidence of its prosperity. I like not, 1 abhor
that diplomatic skill which can be found only ia
a book I which has produced nothing but calam-
ity, end whose praise is written in the blood of
my CDUOtrymea.

But, sir, how happens it that we slill remain
under Ihe distresses occasioned by ihe belliger-
ents? Is there, indeed, a physical impossibility
of removing them? Prom Great Britain, and
that, too, when she had the whole Cootineol on
her side, we could once obtain justice, nol only
for the pest, but security for the future. From
"ranee, too, we could once nblain justice, but noir
e can gain justice from neither. Whai change,
r, has occurred in the state of things to produce
Ihia strange impoasibilily ? Our commerce is
more an object 10 Qreal Britain now, than it waa
formerly — and France can oppose to us no resist-
ance on the ocean. And yet no reinedy can ba
foaad for ottr calamities ! Sir. I will not be the

.yGoogIc

HISTORY OF COUaUKSS.

826

Ponign Rtlaliant.

dupe of ibis mtsersble artifice. What bai b«en
done once can be done again bj employiag the

The Adiniaialratioa have com milted ffrealet
errors. They hare condCicted all their afiairs ia
such a style aa to leave Great Britain no room to
doubt that, when they asked for peace, ihey want'
ed it Dor. To this cansc may ba traced all our
diGBcullies, so far as they proceed from that Pow-
er. As it regwTds France, I fear that they have
not acted the proper, the manly pari, in short,
air, ihey have not pursued toward England the
policy which saved iisio 1795, dot toward France
the policy which was lucceMfully opposed to
French rapaaiiy aad French obstinacy In '23.

I thinltan error was commitied, when, affect-
ing to desireanaiiiicableariangeraeiit wttnOieat
Britain, instead of treatiDg with berasanstioa
not to be intimidated, much leas bullied, the nna-
imporiatioo act was passed. For, air, if she waa
so piroad, so haughty, so imperious, as some gen-
tlemen delight to describe her, then In bring her
to justice by assamingan attitude of menace, was
eTtdeotly iiopostible. When, therefore, you pass-
ed the Don-importelion act, under a pretence that
il would be a sucee'oful ausiliary to friendly ne-
goiiaiioo, what could yon expect but to alarm the
pride, and the haughtiness, and imperioqsnesa of
tbat natioa? And, doing that, how could you
expect an amicable result? No, sir, it wan not,
and it could not be expected. You obiaioed a
treaty indeed — but it was from a Fox Ministry.
Yet such as it was, it was not so good as a Jay's
Treaty.and the Executive rejected it without so
much as laying It before the Senate.

In support of the embargo system, gentlemen
say, if we coQ'er onr commerce to go oB the
ocean, or wherever it goes, it will Iw crippleil
either by France or Great Britain. Although
ibis is not true in the »lenl laid down, yet it will
hold tolerably trueaa respects the European seas,
From what gentlemen are pleased to represent aa
the impossibility of sailing the ocean with safety,
results (say they) the propriety and necessity of
the embargo system. Apo they say, it is not the
embargo, but Ihe-decteeaand orders which are
the true Cause of all we suSer ; that the embargo,
so far from being the cause of, was devised as a
reaiedy for Ihe evils we endure. Well, sir, for
the sake of the arguroeni, be it as they say. Has
the embargo answered 1 Is there any prohatili'y,
the slighteal indication, that it will answer? Has
il operated, to any perceptible eslent, except upon
ourselves, during the twelvemonth it has been in
eiisience 1 If, th'en, neither the r^embranee of
the past, nor the pFoapeet of the I'utare, gives the
leasj encouragement to hope, why will gentlemen
persist in the system T And that loo, sir, at an
expense to their own country, so enormoua in
* Will Ihey go on obstinately amid all

the discooieni!', or clamors. (as aenili
inti-Repuhlican language, calf the voice of ihi

people) in the Eastern and Northern Statesi
And that from mere obstinacy — an obstinacy
not encouraged by tbeleasielimmeriDgofhope]
If I could be pointed to a single fact, produoea by

the operation of (be embargo, which would prove
that il had any other effect an the disposition of
Great Britain than to irritate — or any other on
France than to please, than to encourage her to
a perseverance in that system of injustice, which
we pretend to oppose, but lo the policy of which
we give all our support with an infatuated wiU
fulness, and which, therefore, increases the hos-
tility Great Britain has fell from the measure — if
ihey-could show me, sir, ihai ihe embargo will
bring either lo terms, I would abanijon the oppo-
aiiion at once, and oome heart and hand into the
support of your measures. The other day. (be
gentleman trotn South Carolioa(Mr. WrLuavs)
almost persuaded me that it ought to operate
upon Great Britain ; but I looked and 1 found it
did not, and I was convinced it would not.

But, have gentlemen refiveled that, if all the
evils were drawn from Paddera's box, to vex
Great Britain, you could have bit on none so well
calculated to call out all her resistance, and all
her obi^linaay, as this same exnedieot, the embar-
p) I If she yields to u;, under the pressure of
such a system, she discloses to us the secret of
her independence! Sir, the embargo is war; it
was, intended as such against Great Britain. And
she understands j'ts meaning and its character too
well for ue to disguise il, under a pretence of ita
beiDK a mere precautionary municipal meaanre.
Its efficacy as a coercive ijieasare has been too
often and too loudly boasted of in this House, to
make its real object a secret to her. Nay, ia so
far a^ ihe great and prominent featu

Fays

!Dded t

make the adveTsary yield that which be will not
yield voluntarily i in so far, are the embargo and
the noa-importetion act, w*a. Each was intend-
ed to coerce Great Britain to yield louspoiDiB,
which it had -been ascertained she would not
yield voluntarily. It was a system of coercion, e
new-fangled sort of philosophical experimental
war; novel, lobe sure, in its character, but, to all
substantial purpose*, war. Instead of bloodshed,
there was to be ink shed — instead of bayoaeta.
pens — instead of ihe bloody arena, huge sheets of
paper I W.Senever Great Britain shall yield ta
the coercion af the non-imporiaiion, embargo, nr
nun-intercouise system, she virtually .lella the
people, of the United States '-we am in your
' power whenever you choose to make a claiia
' upon ns, whether just or unjust, ihreaienus with
' an embargo and a non-intercourse, and you bring
' ns to your feet." Does any gentlemen believe,
even allowing the pressure of the embargo lo be
great upon her, that she can yield, thai she can
Affi>rd to yield? That she can admit tbat we have
her always perfectly ia- our power? Sooner
would she ^iva up in battle— sooner would sha
see her soldiers retreating before onr bayonets;
sooner would she see her armies perixb under our
valor, than acknoVftedge herself ibe slave of ibia
RMgio wand. Her children might grow to be
men, and she might try ihe fortune of another
day; the hair of Samson might grow on aanin,
and bin streDKtb be renewed ; but ia yielding to
the ehftoee oAhe embargo, she places her exiat-

.yGooglc

827

HISTORY OF CONGRESS.

828

H.0

Foreign Sdatioru.

December, 1808.

«Dee in our hands, and beeoraes depcodeni ^poo
our will fqr tbe existencs of ber sorereigntjr. Sir,
the King of Eogland canaoi, he dsr« not field to
our embargo.

But, sir, be has not told us that he considers

ttoD has DCTer been put lo paper. No, lir, when
you look into the correspondence, it would seenr
that tbe embargo was naver ioieaded mi a eoer-
eive meaiure, aor eveD understood so by Great
Britaio. Everything on both sides is conceived
in a sincere spirit of " friendship'" Our non-im-
poriaiion act, our pri)elBraBtion, our embargo, are
kU acts of friendship and kindness toward Qreat
Britain, for aught we find there. And Qfeat
Britain issues her Orders in CooDctI in ■ recipro-
cating spirit of amity toward us. She is not of-
fended with our TK>B-im porta tion act, nei onr em-
bargo. Not at all. Her orders are not intended
to harm us. She meaos nothing in the world,
but simply to retaliate upon Prance — and she is
■orry that almost the whole force of the blow falls
upon 09, but it is unaroidable. She, by the laws
of nations, has as perfect a right to reuliate upon
France as we have to make our innocent muni-
cipal regulations — and she is full as lorhy that ber
retaliation system should wound us, as we are
that our municipal regulation* ihonld inaonj-
mode her. Bir, this diplomatic hypocrisy (began,
I acknowledge, by us) is intolerable. Sir, there
is not one word of truth in the whole of it. from
beginning to end. Tbe plain slate of the case is
this; Anterior to the non-importation ad, the
British Treaty had expired— there were points of
dispute, particularly concerning the impressment
of seamen, which could not be adjiiated, lo tha

Mtisfaction o( our Gkiverument. In this ''

things, either we ought to have gone to
Wfl oDgbt not. If we bad intended to
■tronger measures should have been resorted to
than a non-importation act. If we had not in-
tended to do so, tbe act should never have been
passed. Those who passed it could have but one
of two pbjeets in view; either to coerce Qreat
Britain to the terms we demanded-^r, by vexing
•nd irritating her, to raise up in dae time an un-
necessary fictitious quarrel, which (as this

try is known to be extremely sensitive of Briti
aggression) might nltimalely end in a real ol
ftsnioned war. No men could have been i

veak as to calculate npon the first result. As to
tbe other, tbe wisdom of tbe calculation is pretty
strongly proved by the situation in which we now
find onrselves. Sir, thia is the whole mystery—
and it must be explored — It mnst be exposed. We
must uoUersIand the real character of our coo-
Irorersy with Great Britain— 'ihe real character,
intent, and aim, of the different measures adopted
by us and by her, before we can hope to heal the
wounds our peace has received, or to restore tbe
{wosperity we have been unnecessarily made
tfaandon. 1 know, sir, how difficult it is to ov
come matured opinions or inveterate prejudices

ind I know, too, that, at this iim& the individual
" e to lay open " the bare and ro^

who shall V

t»n policy" of the lime, makes himaelf the buir
of parly rancor, and strips himself to iheunspar-
ing "IsceralLona of the press." But these are
eonsiderations loo feeble to deter me from my
duty.

[Mr. G. appearing much exhausted, and Mr.
QniHCT having iolimated to the House, that Mr.
O. suffered under a pain in the side, moved for
an adjournment. The Speaker inquired whe-
ther Mr. O. yielded the floor? Mr. G. replied,
he had himself little inclination to continue his
remarks, bat the House appeared so eager to hear
him, (a langh,) he hardly knew what answer to
make. Howeverj he said, be would give the
fioor. The House then adjonnied.]
The object, sir, of our present deliberations is,
' ought to be. to relieve our country from tbe
distresses und^t which it groans; to do tbia, v

of the first necessity that we should deliberBte
with calmness, if we mean to apply an effectual
remedy to the diseases of the State. In the re-
mark! which I bad the honor to make yeslerdny,
I was constrained to draw a eootrasi between the
■ures and prosperity of former timfs and
those of the present times. Under circumstances
of the same character, we were formerly able to
overcome our miaforlunes. Now we are ooL
And I did this for the purpose of impressing upon
the House an opinion, that if the Admioisiration
had practised npon the principles of their prede-
cessors, all had been well; or, that if retracing
their steps, or relinquishing the pgth of error and
misfoTiune, they would still be the learners of
■wisdom and experience, it would not even now
be loo late lo retrieve the affairs of the country.
If I know my own heart, I did not make the com-
parison from any invidious purposes ; but merely
to turn tbe minds of gentlemen back to former
times; that they might reflect upon the perils and
calamities of thoia times, and the means by which
an end was put to ihem; but in doing this, I
could not avoid paying the tribote of deserved
praise and of sincere gratitude to the men under
whose agency we prospered abundantly. In con-
irasiing the conduct of the present with that of
the former Administration, I meant to subserve
no purposes of party. Nay, sir, 1 could have
mnch desired to have been spared the necessity
of presenting that contrast before the nation. I
could have wished to have avoided these refer-
ences, lesi I might excite pariy feeling in others ;
lest I might appear to be governed by them my-
self. Bat truth could not be attained by any other
course, and 1 have been compelled to take it.

It will be remembered that I have spoken
merely with regard to the exterior relations of ifae
country. I have not forgotten that Ihe men then
in power were accused of being enemies of lib-
erty, friends of monarchy, and all that. I sha!'
not go ont of my way to expose these accusa-
tiobs, sir, because they have nothing to do with
tbe subject I am examining. Tbe positions I
would establish, are these: The former Adminis-
tration conducted wisely, end their perfect and

.yGoogIc

mSTORT OP CONGRESS.

Decehbbk, 1806.

Fhreign Belaiiom.

rR.

entire success prores it. Tfae men now in power
have departed from tbe paih which, as experi-
tave demoaslrates, led to success. They tiave
spumed the wisdom of experienca; ihey have not
eooducled wisely, aad iheir defeat, Che misfor-
lunes and tfae dislressen of the country prove it.
We most abandoti the preient disastrous and
lULDOUB system, lijerefor?, and return to the old
one^ If we nre sincerely disposed to restore the
DBtioQ to prosperity.

Sir, the former AdroinistratioD sought honora-
ble accDminodation with Oreat Britain with so
nach siDceritf, with such a single eye to that
object, that they were accused, erea when Wiab-
INOTOK was at their head, of UDilue partiality to
Qreat Britain ; but success was the consequence.
That ehai^ has nerer been brought against its

E resent inTers, and never will. Happy would it
ave been for our country, if they had □□! always
exhsuBted ih?ir ingenuity in multiplying obsta-
cles against the adiustoient of the dimculriea
belweeQ us and England.

If foreign nations have an inteiMt in cultivat-
ing friendship with the United Btates, it is, be-~
cause that friendship is in some respect or other
sdvantageous to them 1 And on what account,
sir, is our friendship advantageous to them. Oq
account, I answer, of our commerce. Well, sir,
Great Britain exists by coiumerce, and tbe bene-
fit of ours the cannot have, unless we are in a
state of friendship. Her interest, then, (and no
one doubtn she is much governed by that) will
always indoce her to seek that friendship for the
sake of that cotnnierce. Indeed; air, the very
laying of your embargo was on the ground that
your commerce was esxential to the existence of
Great Britain. She viU, therefore, on the one
band not throw it away lightly. But on (he
other, she will not purchase it with disgrace; she
will not sacrifice her independence to obtain it.
And this our Administration knew very well;
and on the knowledge of this I fear they hare
acted. Sir, the gentlemen from the Eastern
Slates have totd you. and I have no doubt told
yoa truly of the dreadful cendition of the people
in that section of the United States, Those
from the South have represented to you the de-
ploraUe condition of the tobacco, and rice, and
cotton Eouatiies. Nor have those of the Middle
States been wanting in lively descriptions of the
saBertngs of iheirconstituents. And the gentle-
man from South Carolina (Mr. Williams) bai',
with great ability, depicted' the distreises of the
people of England ; all resoltiog from the tuspen-
■iOQ of oar commerce. Now, sir, what does all
this prove? Why, sim)ily this: that if both
eonntries suffer so much from this suspension of
onr commerce, both are deeply interested in its
restoration ; and, of course, tbal the present stale
of things isan uonaluial one, growing out of arti-
ficial causes ; and. for that reason, a state of things
which wbe and honest men could easily change.
It was from this very cause that it was so easily
chsDged in former times. And on account of dif-
ferences growing out of the commercial spirit of
(he two nations, and (he animosity which thi

Revolutionary war had called forth, we are now
engaged in a contest in which each is to evinee
bis fortitude by depriving himselfof the mutual
benefits resulting from an amicable intercourse;
and if neither is to give out before he feels it im-
possible to exist without the other, there will
nevA be an end of the contest. We know that
this country can bold out forever, and we ought
to know that Great Britain can do the same; and
must, sir, if from no other consideration, yet from
this, tbai we must not be encouraged in the no-
lion that she caanot exist without us.

I haye intimated my opinion, sir, that Great
Britain has all along been induced to believe, that
it was the policy of our Administ ration to be in
dispute with her, and thftt they have been only
solicitous to veil their true object from the Amer-
ican people. Such, sir, is my own opinion, and
therefore I will not hesitate to declare it. I shall
give my reasons for it, and if I am incorrect,
nfaall be extremely pleased to see my argumeots
refuted — for 1 entreat gentlemen to be assured
that I am not more desirous of affording light to
ihem than 1 am to receive it from ibem.

The proof in support of my position, derived
from the correspondence on the affair of the Ches-
apeake, is to mv mind conclusive. The people
of the United States, viewing it as the aothor-
ized act of tbe British Government, broke forth
into ibe most ardent execraiians. There was not
a heart, sir, which did not fei'l all that the watm-
est could feel. What has become of the spirit of
that period? Whither has it Hed? And why
has it Bubjidedl Why are its murmurings heard
no where but \a the war speeches of gentlemen
on this floor? Sir, tbe reason is very simple.
When remonstrances upon the subject were made
to the British Govetnmeot, and indeed before
that, ihey abandoned the principle upon which
alone theouiraee, if it had been authorized, coald
have proceeded. Nay, the^ declared, unasked,
unsolicited, tbat the principle had never hem
contended for by them. There was, therefore, no
danger of a repetition of the outrage, and otir
people settled down into quiet, from a seDse of

But let us review the negotiations to which tbe
event itself gave birth, for we can derive from
them a perfect knowledge of the temper and ehai-
BCter of our Government.

The first intimation rei:eived in England of
this unfortunate occurrence, wa's by the Englirfi
Oavernmenl itself; and before oar Minister knew
anything of it, Mr. Canning gave him the infor-
mation in a manner evincing the most friendly
disposition, and the most perfect willingness to
mate the most ample reparation. 1 do not desire
to be naderstood to say, that the British entertain
any friendship for us, sir. They have little cause
■for that, for friendship to be friend^bip must be
mutnal. But a sense of interest must always in-
duce them to desire an immediate commercial

To minds which are not wholly poisoned — to
those who do not believe that all virtue and pat-
riotism consist* in utterly hating Great Brilain,

.yGoogIc

8S1

mSTORT OF CONGRESS.

8S2

H. opR.

Fbreign Rdationi.

Dgcghmr, 1808.

«• to believe she can do no tight, <^*en when her
iDleresI thould induce her; to all candid ineD,
■ir, it must be plain, ihai at ihe outset, at least,
ihe Britisb MiDisier did all that we could have
expected or desired.

Mr. Monroe, in a note dated Julf 29, not hay-
ing then heard from his QoTerniDeiit, telll Mr.
Canoing. thai '' by accountB which rr ealitled to
' fall ooofidecice, it appeara that the Leopard al-
< lacknl [he Chesapeake, with a view lo auert qud
' enforce the unroundeJ aod the noai unjuHiGable
' pretensions to search for deserl«n." And after
detailing the cireuuMUDcea, and though he re-
Djinda Mr. Caaning of "other ezampleii of great
iodigaitr and outrage," he goes on to say, very
properly and very honestly, 'but it is improper
lo mingle them with the present more serious
caase of complsitii." He then proceeds to de-
mand a frank ilimtvowal of the principle asd the
punishment of the officer. On the third of Au-
guM, Mr. Canning replies, that '-His Majesty
'neither does nor has, at any time, maintained
' the pretension of B tight to search ships of war,
' in the national service of any State, for deserters."
And that, if the attack "shall appear to have
' rested on the aimple and aoqualihed assertion of
' that preteDbioQ, His Majesty has no difficulty in
'disavowiog that and will have do difficuttjr in
'manifesting his displeasure at the conduct ol hia
' officers." And then be concludes with agree-
ing with Mr. Monroe, that other cauies of cora-
plainl should not be involved in the preteat ques-
tion, regretting that allusions should be made to
them at all. ,

Both Ministers ibea haritionized in iheoninion
ibat the subject of the outrage should, in tne ne-
goiiaiion, be kept as siog)e,as in its indignity and
enormity, it was solitary ; and if it hail been so
kept single, if other topics of complaint had not
been "mingled" with it, by our Administration,
to prevent adjustment, ample reparation, I have
DO doubt, would long ago have been received fcK-
it. Sir. let me entreat gentlemen to look at this
part of the correspondence oace more. Mr. Mon-
roe calls on the British GoverDinent for a diaa-
Towal. There is not a moment's hesiiatioii in
making iL Not only the act iiself was at once
disavowed, but the declaration was spomaneoutly
made, that the preiension never existed. Even
Hr. Monroe himself, in his letter lo the Secretary
of State, of the 4lh of August, says that Mr.
CaDninff's reply ''may be considered as conceding
essentially the point desired." Lei it be remem-
bered that, as yet, Mr. Monroe has received no
iostruGtioos from onr Executive on this suhieet.
And if ever man felt a coofldence and a pleas-
ure at the certain prospect of healing the wounds
bis country's haaar had received, and of disai-

Kting the gloomy apprehensions whiuh he well
ew disturbed and kindled to wrath his high-
minded countrymen, our Minister at London was
the man ;but he was ignorant of the subtle policy
of the Csbinet at home, as he was confounded at
Ihe intelligence cootaiued in Mr. Canning's note
of the 8th of August. He is in that note, and ii
would seem, for the first time, informed of the

proclamation prohibiting British armed veicsels
from entering our ports. And Mr. Canning ver^
property requests to be informed "whether it is
' the intention of the Ooveromeot of tbe United
' States 10 carry into effect the measures stated
' in the proclamation of the President, without
' requirine or wailing for an ezptanaiion on the
' part of iBa British Governmnit with respect lo
' the late unfortunate affair upon which the deter-
' mination to report to these measures is professed
' to be foopded."

This question, sir, though very pithy, is one
which the proclamation would necessarily draw
out. Its plain English is this: '' Do you mean to
ask for repiTBtioo, or do you mean to lake repar-

1 Do you meaa to rely upon the dispo-
siiioD of this Qoverttment to do you justice (and
which you know them to have declared unasked}
or do you mean to force us to do you justice r
We do justice tometimes, hut never on compul-
sion." The point of this inquiry Mr- Monroe
evaded, by saying that be had no information
from bis QoveromenI oa the subject. He, it
seem>,did not exactly comprehend Ihe object of
the inquiry, for in another letter to the Secretary
of State, of August 14th, he conld not eoaceive
'' why it should be made, if some uoffiendly mea-
sure, such as an embargo, was not intended." In
that letter, also, as well as in Ihe one of Aogust
1th, he speaks uf the existence of a strong war
party in England, and he was therefore — peace
being really and truly his object — induced lo adopt
the most pacilio course possible

The Tth of September put an end to all Mr.
Monroe's dreams. He bad now received instruc-
tions from his Ooverumenl. If the information
of the President's proplaniation had shaken his
hopes of success, these instructions extioguisbed
them. The application for redress came lo Eng-
land not only with an offensive proclamation on
its back, but encumbered with a condition that
that redress should not be received unless the sub-
ject of im press neots was arranged at .the same
time. Asubjeat,sir, which (rearsbad been wasted
in vain attempts 10 arrange. Hear the Secretary
himself, and let gentlemen say whether such satis-
faction was either reasonably to be demaaded, or
expected. If they say it was, tbey say more in
favor of Ihe desire of Great Britain to do us jus-
tice than I shall ever do. Before I proceed, let
me cast otie glance nMi« at this proclatnaiien.
Could it form, eouhl it be intended to form, part
of a specific, nncere system of gainiog repara-
tion 1 No. It was creating a new ground of dis-
pute, ioitead of leaving the old one single. If
the Cnbinet had intended to pursue pacific mea»>
nrea, they should have pursued them and them
only i or, if coercive, the latter alone.. A system
partly pacific and partly hostile, is always a mis-
erable one, It is always wise to get rid of one
quarrel before you create another. Ooeisenaagb
at one time, and be who is ever getting into new
quarrels, by way ofaeeommodatiDgold ones, may
be a» certain as our Administration are, of never
coming lo a friendly CMiclusion abonf ao;^ Bnt

.yGoogIc

833

HI8T0RT OP CONGRESS.

Dbccmbbb, 1806.

Foreign Rtlati4m*.

H. or R.

be who loada his demands of reparation ae the
Seeietiry did, cantiot but pant far ill niiceeu.
Tlie Secretary, ia hU kiier lo Mr. MoDtoe or
Jaly 6th, 1607, instructs bim to insist on a "for-
' mal disavowal of the deed aod resloralioaortbe
' four seamea to the ship from whence they were
' ia.kei], as things of course and iodispensable.
' As a security for the future, an entire abolitioD
- of impresamenii from vemeli under the flax of
'ibe United States, if not already arranged, is
'also to make an ia dispensable part of the latis-
' factioQ V Thai is, another aoa a distiocl mat-
Kr, already proved, incapable of arrangement,
loust be first adjusted before he would condescend
to receive sati^factioD for the cpeciRc outrage on
(be Chesapeake; and not only must that matter
be first adjusted, but io the very words of the Sec-
retary, ''it must be on termit compatible with the
iastr DC lions" formerly giren on the subject. We
will not receive satisfactioo for this horrible out-
rage, unless our own terms be yielded us in rela-
tion 10 another very difficult poiot " as part." It
was a strange idea, sir-^" as part, an indispensa-
ble pari, of that satisfactioo.''

On such terms, I venture to assert oo compro-
caife was. because none could possibly be ex-
pected. I will now put a question to gentlemen.
Wheo Mr. Monroe was instructed by the Cabi-
net to make the adjustment of the subject of im-
pressraents "ao indispensable part of the saii^fac-
tioD," for the attack on the Chesapeake, could it
be done vitb any other expectation, aav other
>iew, than tliat the reparation afiected to be pur-
sued should never come at them 1 Coneediag,
for the sake of argument, that the terms demanded
bf our Oorernmeot in relation to impressments
were just, had it not been proved that, on these
termx, an adjustment could not be effected ? Mr.
Monroe, previous to the receipt of his instruc-
tions, had paved tbe way for almost certain re-
dress for the outrage on the Chesapeake. But
our Cabinet well knew, that »o aurely as the water
Aows down the stream, so surety conid the affair
of the Chesapeake never be settled by the mode
tbey pursued. No, sir, tbera naf er was, and I am
afraid never will be, a sincere desire in the Ad-
ministration, for anything but difficulty and dis-
pute and war with EnBfaQd. But for this, not
only the. unfortunate affair of the Chesapeake,
bat every other matter in coniiOTersy might long
ago have been settled, much to the satisfaction
and mora to the prosperity of both countries.

1 cannot but compassionate Mr. Monroe for
ibe situation in which he was now placed. Our
poor Minister haritig pursued a plain and certain
policy — having gained the assent of the British
Uioisler to his opinion that this affair ibeuld he
kept single — was suddenly obliged to eat hii
words; be was obliged not only to mingle other
matters with this all-important affair, but (o min-
gle with it one which his own experience eon-
rinccd bim placed adjustment utterly beyond the
reach of hope.

1 am now, sir, safe in advancing as an incon-
iroverlible fact, that before the proclamation was
kaown in Eogland, the Gtovernmeet of that euun-
10th Con. 2d 3xsB.— 27

try bad shown every dispoailion to do na justice,
at least in the affair of the Cbesapeake. Tbey
bad declared themselves innocent of all partict-
palion in the act; tbey had promised ibe pun-
ishmeoi of the officer; or, in more courtly lan-
guaf!e, "His Majesty's displeasure." But the
proclamatian arrives. Immediately the looe ia
changed. You have taken (say ihey) reparation
into your own hands. You bare studied to pre-
vent the people of your country from seeing that
we are capable of doing justice voluntarily. We
will not make tbe reparation, before this procla-
mation, which we consider a hostile act, is taken
off. But in thatcase we will give ihemosianipla
satisfaction.

Tbe Secretary is a wise man. He had very
distioctly foreseen ibat on ibe proclamation the
negotiation would spill. But tbe Secretary ia
moreover a prudeot and a provident man, and
therefore, lest the desire of peace and commer-
cial intercourse with this countr)^ which its inte-
rest dictates to Englaod, might induce the Mio-
iitry to disregard this obstruction to reparation,
be, to be more secure, ibriifled himself with an-
other which could not be possibly overcome: —
" Tbe matter of impressments must be settled be-
forehaod." Thalhe knew to be impossible. Leas
prudence, however, would have been sufEcienl.
For altbousb Mr. Canning, in hii letter to Mr.
Monroe, of September 23, 1607, says, that "ilia a
' matter of regret Ibat you sbouid have been in-
' slructed to annex to tbe demand of reparation
'for the attack of the Leopard upon the Cheaa-
' peake, any proposition whatever respecting Ibe
'search for British seamen in merchant vesselsj
' a subject which is wholly unconnected with the
'case of tba Leopard and tbe Chesapeake, and
'which can only tend to complicate and embar-
' rasa a discussion, in itself of sufficient difficulty
'and imporunce;" although in his letter of the
29lh of the same month, he says that the British
Government "is willing to look lo one subject
only, the late aggression, and to provide for it;"
yet it is evident from the insti uctions given to
Mr. Rose, that the pruelamaiioD would of iUelf
have been a sufficient obstroction to the approMb
of reparation.

AUbough Qreat Britain ap^ars to bava been
deleimined not to do even justice, w bile there
was any appearance of her having been forced to
it, yet she sent a special Minister to ibis country
to offer atonement. XbaiMinisler,soon after bis
arrival, had an interview with Mr. Madison, in
which he slated to tbe Secretary, that be was "ex-
' pressly precluded by his instructions from enler-
' log upon any negotiation for (he adjusiiaeot of
' the differences arising from ibe encounter of His
'Majesty's ship Leopard and tbe frigate of the
United States the Chesapeake, as lung as tbe

i] of Mr. Rose, it
had been understood here ibat he was coming
out as a special Envoy, lor tbe express and sole
purpose of making satisfaction for the outrage
committed in our waters. If I am incorrect, sir,
in this ataeition, I bupe some gentleman will set

.yGoogIc

836

HISTORY OF CONGRESS.

Farttgn Eelationt.

December, 1808.

me right, for I denre lo tinTel bIodk ibe srett
highway of truth &nd fact. Under & boowleJife
of this faot, then, the President reeommeDded the
laying of ao emDargn, osteaaibly for the parpose
"of keeping ia lafeiy our esseiitiat resources,"
bat ID reality, a« in the course of the discussion
of the embargo bill has been asserted by our em-
bargo geo tie man from Virgioia and another from
PeoDsylTania, lo operate on Great Britain. And
Mr. Row, on hia arrival, was actually eheered by
this new evidence of the lineere desire (I ttelieve
that is the slang, sir) of our Administration to
restore and cnltitate the friendly relaiions so im-

Krtant to both countries ! Our Cabinet seems to
Te been afraid that the proclamation and the
demaud coaeerniogimpressineDts, with the affair
of the Chesapeake, would not be a auScieoI pro-
teclioa against Mr. Rose's importunities te 7i*e
ns reparation. To be perfectly secure, theretore.

aoD thought that If the special Envoy could force
his saiisjaction upon the Administration, in spite
of all these forLifications, the very deuce must be
iti iL Mr. Rose then arrives — makes the disclo-
sure of his iDstructions which 1 have already
mentioned, and of which he reminds Mr. Madi-
son in his leiier of January 30, 1808. Withdraw
yoor proclamation, so that the reparation we
make (such is the substance of the offer) may
have all the merit of beiog voluntary, and t pro-
mise you [he reparation shall be unobjectionable.
But while that proclamation continues in force,
the dignity of my Ooveinment forbids a disclo-
sure of what that reparation shall consist of. Mr.
Madison having now ascertained with precision
the initructioDs which tied down the special En-
voy lo a detjned and presoribed course from which
he could not depart, assumes all at once the ap-

fearanee of great mildness, and abandons the
igh tone, comes down from his lofty demands,
and says that the adjustment of the subject of im-
pressment shall not form " part, an indinnensable
part of the satisfaction" — nay, be is so little ob-
ttinaie even about the proclamation, that in his
reply of the 8th of March, he says [bat the Presi-
dent, " adhering to the moderation by which he
' hax been invariably guided, and anzioas to rei-
' cue the two nations from the circumstances un-
' der which an abortive issue to your mission ne-
' cessarily places (hem, hax authorized me in [he
' event of your diseloaing the terms of reparation
' which you believe vill be FMitisfactory, and on
' its appearance that they are so, to consider this
' evidence of the justice of His Britannic Majesty
'as a pledge for an effectual interposition with
< respect to all the abuses agaiDst which the proc-
' lamation was meant to provide, and lo proceed
'to concert with you a revocation of that aci
' bearing [be same date wiih the act of repara'
'lion to which the United States are entitled.'
This was diplomatic skill indeed! If you, Mr.
Rose, will do what we very well know von can-
not do, we will abandon our hicb ground. Only
be so good aii to perform i[npOB.<ii bill ties— do what
yoD yourself Cold us yon are forbidden to do —

and we will complete the miracle by giving fact
in evidence lo prove our desire of being in amity
with your conntry. Who after ibis very inge-
nious and honest offer of our Cabinet will dare to
question its sincerity? Who will dare to deny
that [hey sought, since they proved their desire
to obtain, satisfaction by purt>uing a course so
well calculated to oblaio ill Alasl sir, all that
can be said of it is, that they kept their original
object steadily in view; but the frankness with
which Mr. Rose had comtnonicaied his instruc-
tions, enabled them to make a very specious offer,
and which was otily made wiih a view to ibeir
own popularity. For however plausible the offer
might be, it was no less certain of being unpro-
ductive of Kood, than their former eitravagant
conduct had "been. They were still secured as
effectually as ever against the intrusion of repa-

But it has been said there wesa point of honor
involved in the question. If that has indeed been
to, the case would be varied.^ But let ns examine
it, and I venture to assert there was oo such

thing il
The'

Secretary, in his letter of the eth of June,
Iready referred lo, has said the proclamation was
a mere matter of precaution, and could not be
considered as a hostile act. And be telb Mr.
Monroe, " the scope of the procla[iia[ion will sig-
' nify to you, that the President has yielded to ihe
'presumption, ihat the hostile act of the British
'commander did not pursue the iatention of bis
'Government." These, let it be remembered,
are Mr. Madison's Awn words. At the ouisei
then, he, as well as ihe President, did not believe
the allack on the Chesapeake pursued the inten-
tions of the British Government, And believing
it did not, the proclamation could never have
been iusiiSed as a hostile act. It could be de-
fended only on the ground of i[B being a precau-
tionary one. And on that ground, as has beeii
seen, Mr. Madiaoa did place it in this letter of
June 6lh. I will not at ibis time say, sir, whe-
ther the issuing the proclamation for the purpose
of preservios iraQqnilliiy in the ports and har-
bors of the United Stales, was a necessary, or a
political step; I will not stop now to examine
whether this was the real or the ostensible mo-
tive. Bnt I will prove that the keeping in force
that proclamation, if it was in truth merely a
measure of. precaution, was, after the disclosure
of Mr. Rose's inalractlona, the height of folly, to
say nothing worse of it.

The President was willing to withdraw the
proclamation, if Mr. Rose would disclose what
were (be terms of reparation he was instructed
to offer, and if those terms shonld be satisfactory,
in that case such disclojure of such satisfactory
terms would be a pledge given by Qreat Britain
that there should be no reeorrenee of abuses —
and, then, the withdrawing of the proclamaiion
and the act of reparation should bear one date.
No, sir, in aH this time from June 6, 1807, to
March 5, 1808, the proclamation had been rep-
resented and justified by our Qovernment, on the
mate plea that it wu neeeasary as a precaution-

.yGoogIc

HISTORY OP CONGRESS.

Dbcembbr, 1SD8.

H. or R.

arjr measure — tbat il was necessary to the maio-
leaance of the Iranquilliif and security of our
harbors. Whenever, therefore, the daoger in this
respect ceased, (he cause of the proctamatioo
ceased; aod, of course, the proclamaiion itself
might veil cease too. Whether it should con-
linue or not, was nut a point of honor ; il was a
point of calculation iDerely; and therefore ought
to lutTc been coniioued or discontinued, ns upon
souod calculations one course or the other should

Eromtse most advaDtage. But surely do point of
onor was to be preserved bjr keeping It OQ, nor was
to be sacrificed by talcing it off. Before I looked
into the correspondence, I had given into the
general ides that the QoverniDeot bad acted
rigbt; for I had understood that they persisted
in the p roc la ma lion, because in some way or
otber (I had like mo!t others not understood how)
their honor or (bar of the nation required it. But
a calm examination, in which I did not permit
IDJ feeliogs to run away with mr judgment, has
completely coDfinced me that there is certainly
no point of honor in the matter. When Mr.
Rose, therefore, disclosed his instructions, which

Ererented him from iie^rotialiog while the proc-
tmatioD was in force, the oolv question to be de-
cided by our Cabinet was, will the withdrawing
il be more dangerous to our harbors than advan-
tageous in promoting a restoration of harmony 1
Is It, on calcuktion,liest to withdraw it ? It does
appear to me, sir, that the question admitted of
no doubt. The proclamation at the outset pos-
sessed no magic force; it could not keep a fleet
ont of our harbors. Whether, therefore, it was
in existence or not. the physical power of the in-
terdicted ships to enter remained precisely the
same. Our vessels might have been attacked,
and our defenceless seaport towns might have
been battered down about our ears with ihesame
facility as if the proclamation had never been

But the departure of the iquadron which an-
noyed us was prior to — certainty cotemporary
wilb — the arrival of Mr. Rose in this country.
There were during the winter no other British
Teasels off our const. If, then, the proclamatioa
could by some secret charm keep out of the har-
bors vessels on the coast, yet as none were on the
coast, its suspension for a few days could work
no practical mischief. And there could, there-
fore, be no substantial arguraeat, if in liuth it was
what the Secretary himself declares, --a mere
measure of precaution," in favor of keeping iloti,
as an obstrQciion to that satisfactory reparation
which Mr. Rose declared himself ready to make
as soon as il was removed. It follows, therefore,
inevitably, either that the Administration has de-
ceived the nation as to the cause and object of
the proclamation ) or that^ if in this respect they
have spoken the truth, their calculations have
been silly and whimsical. Whatever be the truth,
the wound our country's honor' has received from
this outrageous attuck has been suffered to fester
till it has grown old, and seems now as incurable,
as it is unhealed.

I will present this subject in another view. If

the proclamation had been withdrawn, Mr. Rose
was to have disclosed the terms of reparation.
Suppose in that event that these terms had not
been satisfactory. The proclamation might have
been suspended for perhaps three days. And will
any one say that the suspension of this wonder-
workittg instrument for three days would have
endangered the tranquillity of our ports and har-
bors 7 For gentlemen will see, that as soon as the
reparation was decided to be unsatisfactory, the
proclamatioa might have been revived.

I will detain the House, air, but little longer on
this subject. This matter has presented itself to
my mind so clear, that I have bad little difficulty
iit presenting it in a strong light before the House.
And when gentlemen come to answer me, and I
hope they will, I entreat them to answer these
arguments. I have endeavored to convey them
in as plain a manner as I could, for I wish to see
them refuted, if they are false. I acknowledge
my obligations to the House for hearing me so
patiently. I know, sir, a great many fine things
may be said about honor, and independence, and
all that. But if gentlemen answer me, I mu&I
beg them to forego the temptation of these bril-
liant topics, and to answer my arguments.

If the honor of the country, sir, had required
an adherence to the proclamation. I should have
been among the last to condemn the Administra-
tion. But the Secretary himself yielded thia
ground when he declared the proclamation to be
a mere measure of precaution. And if there was
af^er tbat any paint of honor in the case, it was
not by persisting in a course which could be pro-
ductive of no good.

But the voice of the country, sir, has decided
that Great Britain has done all that could be ex-
pected of her to repair the injury committed by
the Leopard. And it is therefore in vain to at-
tempt to raise a war spirit by empty declamation*

Sir, that the British Ministry and the Britisb
nation are at this moment unfriendly to the Uni-
ted Stales, I will not deny, for I do not doubt it.
It would be strange, indeed, if it were otherwisf.
Our people, sir, nay, even the members of this
House, have had their ears so dinned with the
cry of British enmity, that we have at length so
acted as to make enemies of those who at first
felt no hostility towards us. It was impossible
they should feel any. Aa well might the mer-
chant be the enemy of his I " " ■

let gentlemen lay their band upon their hearts ;
let loe people of this country look into their own
bosoms and say whether they find there no feel-
ing of enmity towards Great Britain — no relics
animosity — nothing of that scruttniz-
givin^. jealous hostilit < - ' '

been working into a belief tl
aio feels towards us. Afier such a great revolu-
tion as that which has been accomplished in ibit
country, during which the leading statesmen
found it essential to success t" keep the public
exasperation at the highest point possible, it ia
not to be wondered at that much of the old feel-
iiig should remain; bat it will be most since rely

.yGoogIc

HISTORY OF CONGRESS

H.orR.

Foreign Relationt.

DBcram.:-i

to be deplored, if ibis Teeliog should overcome
the goad sense of the dbIloo.

J will not deny, nor am I surprised, Ihai Great
BriiaiD isooweDileaForing to do us alUbe harm '
her power short of commenciDg actual war upon
na. Nor can I bring my mind lo believe
KtalialioQ upon France was either the soli
the nrincipal cause of her Orders in Coui
She Knew ibese orders must, and I cannot doubt
bnl '■he JDtended they should, operate priocipally
upon Ibis country. And I will go fsriber, sir ; I
will ssy that ia tssuinK tbeiu she has done
more than what our Administration has made
her dOj and is delighted at ber baring done, b
canse it brings ibem so much nearer to the a
complishmenl of tbeir favorita abject — a w:
with Great Briiaiu !

Sir, { am not surprised at seeing Great Brita.
■tiempting lo do us barm. That aiierapi is the
natural result of our own system. The French
decrees were not ihf cause of, but merely a plausi-
ble pretext for it. By passing ibe non-importa-
lion act, the Goveiumenl commenced a system
of commercial warfare against Great Britain.
Tbey meant by it tO make ber do that which
without compulsion she was unwilling
What is the reply? A counteracting -
eomtnercial warfare. The matter of irapress-
mcots and the carryior trade could not be settled
to our sal isfac lion. (Jreat Britain would not do
Bi justice willingly. We meant [hen to coerce
her to our terms; and accordingly the non-
importalioD act was passed. - If not for the pur-
[NMe of coercion, for what purpose was it patsed,
air? And being passed, what Wr» Great Britain
todol Either OD the one hand toiay, this talis-
man in irresistible, and therefore I yield to its
power ; or, on the other, 1 cannot yield to it. But
if you can pass aon-importallon acts, 1 can reply
to them by Orders in Council ; if you can injure
m^ manufactures and comiaeice (and yop cer-
Uunly can) i can suppress your trade. Sir, re-
•iauuce to the measure by which we Hliempted to
coerce necessarily produced these consequeuces.
And " the desire of His Majesty to do all in his

Siwer ID restore la the commerce jsf the United
[aiet its wonted activity," expressed so sarcas-
tically ia Mr. Canning's letter, was merely a bet-
ter way of telling us that His Majesty was play-
ing our own game back upon us ; that be could
make his piper-sboc tell as dibtiucily as we could
ours, and rftib^ more no. Yes, sir, it will not, it
eaanoi be denied that ibe non-importation act
wua hostile one, becftUse intended for coercion.
The British GoTernment always viewed it ao.
And my position is, thai ever since the passage
of that act we have been at war with her — nut
the old-fashioned sort of war, but a new-fangled,
philosophical kind of counsercial war! We
thooght we played a strong card, and now
wc are outrageous because our antagonist has
been able to plaf above us I Great Britain, it
tarns out, is not only able to resist the force of
jroar system, but to make you feel ihe disiresses
ucidant to a reaction of that system. With the
uperieDce of its effect it ought iosiaaily to ba

abandoned. Ii origiuated in pastioo. iii,ki'
latioD, and imbecility, and should nMt«{jr,
We were iu aSSuence aad prosperitf t;-:
commenced. Where are we now?

A gentleman from Maryland (Ut.K.)b -
great pains lo prove that the embargo itl.-.'
of the preseot low price of product, k'
gentleman from South Carolina (Mr. HiL.
. baa asserted no less stoutly, tliat the Oi."
Council are the true cause. If theluii--
be correct, it is a very unfortunate one:
policy of the embargo sysiemi for.sir,!!
the ground to the adversary— it ackDoi.
that she has the best of the battle— ibii n
beat us at our own we a poos. Andjii.;.
of discontinuing the " unprofitable toDifc'.
are called upon to plunge deeper and iti\r:
it. I have been astonished lofindliiQV^-
tpen, who talk so much of the palriotiHoii
own people, unwilling to belieTc ibtiAs
pairioiism m Great Britain too. If niR'
ling to bear, lo are they. If we woDldsi:'-
everything to our country, so would lir^
whenever it becomes a question wbicbilui-
out longest. And^ sir, it has come lo i;.^
ready. Much spirit and acrimony is onK'
the contest. Put the case toanEo^islinii'-
you, lo regain the American cominetct.(--i
ihai that commerce is essential lo t^^^'
encel Will you consent thai, yieJdin(ftDi-'^
bargo aad Jioo-importatiou and nai-iiK^-'''
system, your Government shall »Ke*ii>
mands wnich oibeiwise they wouliJ ■H>>'^
to? What would one of those Eaglnlt^'
whose pride and haughtiness we li>"^'-^
much on this floor, say to ii7 Well,'^-.''
cannot then bend the Knelish GonnEaii=
your terms, and if, instead of matiDgiisT^
your instruments to act upon tbe&'^i^
you excite an unconquerable spirilf****"
even in Ibem, how is the embargaWr"'
lire 1 How can you hope thjt it willl'iHi''.
enemy at your feel 1 And ifii did soiuj'''''
produce this effect, all your sufferii^ '•*'^
delightful eiperinaent will have ieaV"'>r

Let me detain the House one nMwnW^'^
quire what is the character of the ¥K, "™--
now carried on in Europe? It is o"""*
war for conquest, for universal dominW"-*^
other for self preservation. At ihe CO""""-
ment of the French Eevolulion 'tj>" "*!"
character. France fought for '*''I'^I|s.
the combined Powers for conijuesL wii" J^
ties have changed -^-■- ' ■-■" • ■^"'"■'■^■
remembering that
erned me then I y^.^ ,.,t..^. — -
Power to be able to break down the oiho-
the power of either, when the oiIim ^^
been broken down. Therefore, mi) nd"^^
1 think more justice or kindness is W " r
from one than the other. 1 cannot boi W^^
Great Britain may mainiain her groans,
sir, that country ia indeed the '*''|'I' ,j, -n
Bonaparte and universal empire, no' '*"L^
morals have undergone any cfaaDgefu' W "

wers for conquesL W" "-r
id Bides, liakeii^if.^'
t the same feelinpftitli?
yet preserve. 1 '""Va

i. I. I. j„..n ikvainC- '

jjGoogle

HISTORY OP CONGRESS.

S42

Decghbir, 1808.

F\ireign Reiatiotu.

H.o»B,

lioce she combined her force with the Powera of
the CoDtineDt; bat from necessity, from fortuoe
of war. And she is ibe only Power which can
hope saccessfully to resist the strides of France.
She is the defence of the world ! Not becncise
she cares much about the world, but because,
in defending herself, she necessarily protects all
others, who stand behind ber. They cannot be
reached, until she is first broken down. But that
done, the power of France orerwhelms the uni-
verse. And, sir, should we he then more safe
than we are now? Should we be then more safe
when the tiger of the land fball mount the shark
of the ocean, and baTing swept the sea, assail our
ahoreiwith a rapacity unsaiiated and an ambition
incapable of repose? Lei il not be believed.
The only Republic which has escaped the Tory of
hitn who has subverted the Republics of ail coun-
tries, even of his own, the rnios of which are
the basis of his imperial throne ! — No, sit — indeed
we could hardly escajie the Qreal Destroyer. I
rely roach on ihe patriotism, the bravery, and the
perseverance of my countrymen ; but I hope they
may never be under the necessity of meeting
Napoleon, when, having broken down Britain, he
is borne opon her navy to the shores of our own
coon try.

But I bare 'been drawn insensibly froRi my
course. It is a war of ambition. And what is
the part which we take in it 1 Have we, sir, not
thrown in our whole weight to aid and render
eSectnal the pre9suT« by which Praoce meant to
crush. ber enemy? Have we not dooe air that
we could, when English commerce was excluded
from the continent of Europe, to exclude it from
Ihe United Stales alio? Napoleon, floding that
he could not conquer England by force, had re-
■orted lo the expedient of closing up the world
against ber commerce — well knowing thai com-
s her life-blood. The contioent'of Bu-

bjecl to hii nod. No potentate dared
America was stiti open, and stitl free:

rope

to disobey. , ,

and we closed America toe. America subserved
to the utmost exienl of her means the French
policy! We did all that France, kotPifriog ouj
means, coold hare reasonably asked ; for we did
all we could lo destroy the commerce of England,
although in doing it we sacrificed the prosperity
of our eooniry ! We passed the -embargo act —
an act which all the enemies of Great Britain
rejoice in — which the French Minister eulogizes
and Napoleon applauds. If we intended to aid
{France, we could have dona no more than we
hare dooe. If w? meant to coerce Britain to dur
own terms, we have exhausted our means in a
single effort.

But what have we done to biing France to
justice, to coerce her? What strong measure
has been adopted to compel her lo rescind her
decrees? At the outset, was a single step of dig-
nified and imposing character taken? But gen-
tlentan say, the decrees were not immediately
enforced, they were oot immediately acted upon:
and there was no cause either for resentmeni oi
alarm. Because the Orders in Council wete es-
peeled from Qreat Britain, the embargo was

necessary; and this makes no little fl°:nTe in th«
hsi of argnments in its support. Bui the French
decrees, though promulgated, were lo be con-
-idered as a mere joke until ihey were acted upon I
Let me remind gentlemen of ihe alien law.
That, though an act of iheir own Qovernment —
though never acted upon, was long a topic of
moHt brilliant declamation. And Chose whom that
aw terrified almost into madness, were perfeetlf
tranquil undet a decree violating not only the
laws of nations, but the more sacred obligation of
treaty. But the AdminisCralion, forsooth. Battered
itself the decree of Berlin would never be en-
forced— thai it had issued only in sport, and waa
as harmless as any of our paper-shot! Little
could they know of Napoleon who thought so,
and little could they wish lo know of him. The
nalion was made to look on with compoaare;
the edge of its indignation was taken off, and the
good underslanding between the iwo Republics
continued. An embargo on the trade to Franc«

not thought of; our merchants were not

1 warned of ihelr danger. Bui at length lh«
decree, and more than the decree of Berlin, waa
enforced. English Orders in Council were ex-
pected—but what thev would be no one coatd
exactly tell. lastnnily, however, appears the
necessitv of an embargo — an embargo to coerce
England, as was al the time declared on this fioor.
And not until this session has it been thought ex-
pedient to let ofiTsome hard words at France — for
words is all we have used towards her— ihroagh-
out there is manifesied an anxious solicitude to
conciliate France on the one hand, and on tbe
other to irritate and render incurable the wounda
we have received from Britain.

You passed the embargo to bring Britain to
your feet. The praises of this legislative charm
were rung through the country; its magical pow-
er was the topic of every Administration print,
and for a while the people believed. The "credo
quia impotribUe ett," was iTever more devbutlv
acted upon. But twelve months have elapseil,
and what has it produced? The mountain has
been in labor, and I look in vain even for the
mouse. The embargo, however, being passed,
did the Administration wait until Great Britain
cast herself at their feet imploring relief from
the pressure of this intolerable measure? No,
sir, after some time, a little time, too, wondering
why she did not begin to groan under Ihe bur-
den, Ihe Administration (taking them at their
own word) sent a messenger to England to in-
quire if she was not pretty well tired of the em-
bargo ? that if she was, they were. If you will
quit we will, was the purport of the message.
And what was the result of this wise project?
What might have been expected. The authors
of this irresistibly coercive measure, did plar
Iheir parts most clumsily. The British Minister
could not doubt ihey were coming to. and no
man in his sitQnlion would have thought difl^r-
enily. If the offer made to Oreai Britain waa
fairly and sincerely made, its teieciion only prores
that a more miserable plan ot coercion than the
embargseould not have been devised. And, air

.yGoogIc

843

HISTORY OF CONaBESS.

844

Foreign ReltUiotu.

December, 1808.

higbty praised as this ipecific has been, I much
doubt whether the prayer gf ihe pelitioDtunvour
table woulil not lia«e been complied wiih, if the
AdininUtrBtioD could bave dooe lo without ac-
kuowledging theit folly, and lacrificiug iheir
popularity.

But a» 10 the prapoBiiioD, and to speak or it In
the eobei sadness it desetrer. What answer did
it Tfceive? Your Minister was told, that if the
Orders in Council should be revoked, it would
appear to the world as if the Briiith QoTernment
had, by the embargo, been forced toabaodon them.
We caoDot, therefore^ consent. Since we have
gone on so far, we will show to France and to
you that we ciDOot, we do not, evea fear lo be
•ubdued in this wa; ; the experiment may be as
prop«rly made now as at any lirae^ and you may
male it till you are satisfied of its inefficacy.

If, air. our Administration had been sincerely
disposea for peace, and BCliog widely, had re-
acioded the proclamation, and repealed ttae em-
bargo and noo-imporiation acts, and then said
now do UH jusilce, the interest wtich Qreal Brit-
.ajn, a* well as this country, has in the restoration
of amicable commercial Iniercourte, would have
left no chance for refusal. And if the had re>
fused, the American people would have rallied
round their Government; and I know, sir, that
that portion of ihem with whom I act, rorgelting
how they had been persecuted, would have sacri-
ficed their resentment at the shrine of their coun-
try's independeitce.

Sir, is It not true that the national animosity
towards Qieat Britain hax been so muqh nour-
ished in ifali country that i( is a lest of patriot-
ism even with the Admioibtralion 1 It could not,
therefore, be reasonably expected that the British

teoled by the Go*ernmeai of the United States,
it is only 10 be conetdered bk an ionocenl muni-
cipal regulaiioD, which affects doqc but the
United Siatea ihemselvea; and in which do
loreign Stale has any concern, His Majesty does

istrj c

mfidei

matloni of returning good will. Nor could any
safe calculation be made on tbe impartiality or
spirit of an Administration which bad discovered
no indignation at ifae Berlio decree, whose entire
teientmeni has been directed to one of the bel-
ligerents only, while its co-operation with the
ouier was manifest and intended to be decisive.

That such were throughout the real feelings of
the British Qovernment — nay, that such is the
(act, can hardly be doubled by any one who will

Sruse diapassionately Mr. Uanning's letter to
r. Pinkney of September 23. ''If," says he,
" the embargo is considered a measure of hos-
tility, His Majesty cannot consent to buy it off."
He could not consistently with diplomatic deeo-
inm tell Mr. Pinkney in plain terms: Your
Government has all alon^ aliempted to deceive,
when ihey represented this as a mere municipal
regulation for municipal purposes; although he
might have brought tbe speeches of tbe mem-
bers of this House in support of tbe position.
Bui bis putting ihe case even hypoth^ically,
lets you at once into the knowledge of his opin-
ions concerning tbe motives and ihe temper of
oar Goveromeiit. And he fastens upop them tbe
charge of duplicity, with great civility indeed,
but moat logically, oy putting the case the other
way, " If, as it bks more geoenily been repre- ,

' tension to make any complaint oT it. and he ha*
' made none. Gut in (Ai> light there appears not
' only no necessitv, but no assignable relation, be-
' Iweeo the repeal by the United States of a vol*
' uniary self-restriction, and the surrender by His
' Majesiy of his right of retaliation against his
'enemies." Probably I thall not make Mr. Cati-
ning's meaning more plain, but it is important
that his true meaning inould be correctly uoder-

If your embargo is hostile, inasmuch as it is
designed lo be coercive, then we will not "buy
it off;" you may make the experiment of its effi-
tacy thoroughly.

If it is "an innoceDt municipal regulation"
merely, for mere municipal domestic purposes at
to youTselvet, and which was never intended to
operate upoo us, what "reciprocity" is there in
offering that if we will giveup ourretaliatioD on
the enemy, you will give up a measure which
you say does not concern lis? But your very
offer could go only on the ground that your em-
bargo was injurious to us, that you so considered
and from the first intended it, and hence it results
that you always misrepresented its real charac-
ter. We are brought, therefoie to the Grsl point.
Your very proposal leaves no doubt that as it is
now, so It was at first, a measure of coercion.
And if was bo intended originally, we consider
it of the first importance to our country, that the
futility of this notion of coercing us by this kind
of war in disguise — this commercial war, should
be pfoved — for then it will never be repeated.
Though "we can stand it, yet it is injurious to us.
The greater, therefore, is the wisdom of that pol-
icy which determines us to give your system,
since it is commenced, a complete trial. Foe if
it fail, as fail it must, we need never apprehend
a repetition of it ; for the repetition, though not
ruinous, must, be always ioconveoient and unprofi-
table to us.

If gentlemen will accompany me a tittle fur-
ther m this letter, tbe truth will be still more
evident.

" The Government (adds Mr. C.) of the Uni-
' ted Slates is not to he misinformed," (that is
they know very well, and always did know very
well.) "that the Berlin decree was the practical
' commencement of an attempt not merely to
' check or impair the prosperity of Great Brit*
'ain, but utterly la anoibilafe her existence
' through the ruin of ber commercial prosperity,
' They know that in this attempt almost all the
' Powers of the European Continent have been
' compelled, more or leas, to co-operate." I en-
treat gentlemen to attend to wnat follow^^
"And your Qoremment know that the Americna
' etubargo, though most assuredly uot intended
' for that end, by some unfortunate concur
I, without any hostile i

.yGoogIc

845

HISTORY OF CONaitESS.

Dbcbhbir, 1808.

Foreign Relatiotti.

H. or B.

■ tioDs; (Sir, tho HiTCasin i* most wvere,) "the
' AmericaD embaivo did come io aid of the
' blockade of the European CoDlineot, precisely
'sc the rery moment when, if thai blockade
' coold bare succeeded at all, this ioterpos t lion
' of the American QoTerDtaent would have con-
' iribuied to its success." If I might be indulgBd
ooce more in a paraphrase, I would represent
Mr. Canoing as sayio^; "Your GoTcrbment
knoirs that tae embargu did come ia aid of ibe
system by which France meaot to descroy us.
Allawiog- your Cabioel intellect, and allawiDg
they knew what they were about, we must sup-
pose they ioieaded to aid France in her plan lo
destroy us. And we are the more certain of this,
because ibe embargo was passed at a momeul,
when if the French plan could have succeedei)
at all, your 'interposition' would have gi7en us
the finishing blow.

Snch 3ir,is the plain English of Mr. Canning's
letter; socb too, is the real truth; and it is lime,
high time, that the people of the United States
should UDtterdiand that ibe enmity is Dot exclu-
sively on the ude of Qreat Britain. It is all im-
portant that they should know that under the'
plausible pretext nf in embnrgo, "an innoceat
muuicipal regulation," their rulers seized upon a
critical moment to press upon Qreat Britaio io
the only manner they could, and rI a time when
their hostility would hare been eficctua), most
probably, if the Spanish reTolulion bad not in-
lerYeoed. if we have cause of complaint, as
certainly we bare, they bare much greater. If
we have cause to complain of the Tioleoce and
injustice of IbeimaTal commanders — if our re-
seotment has been infiimed to madness by the at-
tack on the Chesapeake, and the murder of Pierce
—they can owe us little kindness, when they
know that our GoTCrnmenI threw at a critical
turn, (heir whole weight into the scale of France.

The whole of this very masterly letter of Mr.
Canning is entitled to mnat attentive perusal. It
is a key which opens to ustbesecret of the strange
and mysterious situalian into which we have been
brought. It should be earefully read, and that
again and again.

I will conclude, however, by soliciting your at-
tention particolatir to that part of ii in which he
says, with a liberality that does him honor, and a
sincerity which I cannot doubt, because it is
clearly true, on the one hand, "the prosperity of
America is essential to the prosperity of Great
Britain." And therefore, on the other, "the
strength and power of Great Britain are not for
lieiself only, but for the world." This, though it
bait not always been, is now certainly true.

Looking to the future, he observes, "When
' those adjustments shall take place, to which,
' though uoforlunalely not practicable at this mo-
* meat, nor under ihe condiiiniis prescribed lo Mr.
' Piokaey, the undersigned nevertheless confi-
' dently looks forward, it will perhaps be no ioae-'
' cute pledge for the continuance of the good un-
' derstaadiog between the two countries, that they
' will ba»e learnt dulyto appreciate each other's
' frieadahip, and that it will not hereafter be =~

' puted to Great Britain, either on theooe hand that
' she envies American industry, as prejudicial to
' British commerce; uoron the olberhand, that she
' is compelled tocourl an intercourse with Ameri-
' ca^ as absolutely necessarv to bet own existence.
'His Majesty would not hesitate to contribute,
' in any manner in bis power, to restore to the
' commerce of the Uniled States its wonted ac-
' tivily. And if it were possible to make any
' sacriQce for the repeal of the embargo, without
' appearing to deprecate it, as a measure of hos-
' Itliiy, he would gladly have facilitated its re*

One more translation of this diplomatic lan-
guage, and I have done with the letter. I under*
stand Mr. Oaontog as saying, at some period or
other, our disputes will be settled; your people
will then be convinced^ that if they can injure us
in one way, we can injure them as much in an-
other— that it is as impossible that we should re-
gret your prosperity, as it is that a merchant
should repioe at the wealth of a planter, fond of
lusory, and bis constant customer. But, oo the
other hand, you will not again undertake to quar-
rel wilb us under ibe idea that we cannot live
without you. Still we are willing to acknow-
led^, that your commerce with us is extremely
desirable ; and therefore if you will enable us, by
relinquishiag your coercive system, lo restore tbe
intercourse between us without ouriappearing to
bave yielded to thai system, " without our ap>
pearing to deprecate it as a measure of hostility,"
we will make any sacrilice. Relinquish your
plan and you shall near no more of our Orders Id
Council.

Yes, sir! I do not doubt and I confess lam
surprised any one should doubt of the real cause
of our difficulties with Great Britain. As our
coercion system produced her resistance and re-
laliatioD, so would tbe abandonment of it restore
that comrnercial intercourse which is so insepa-
rably connected wirh our prosperity. And Mr.
Csnoing gives the asEurance of it in terms as un-
quivocal, as under all the circumstances could be
possibly expected, or reasonably desired.

I have said before, and I repeat It again — valu-
able, important, as our commerce indisputably is
to Great Britain, on account of that very value
and impoitaoce, her Ministry cannot and dare
not SulFer the present experiment to terminate in
fl.conviclioQ, or even a doubt, of its being essen-
tial to her existence. If I am understand, sir,
there cannot bnt be an end of the hope of coerc-
ing Great Britain to terms, in this way, until she
is no longer able to resist us, and she passes under
tbe dominion of France. And then out condition
will be fearful iodeed ! If you cannot count fairly
on the success of the experiment, on the one
hand, and if on Ihe other that state of things
which alone cau bring success may plunge us
in overwhelming ruin, our whole system ought
to be abandoned.

" The new stale of things which has arisen io '
Europe," Ihe revolution io Spain, has had a most
unfortunate effect on the success of the embargo
. experiment, inasmuch as it has enabled Giett

.yGoogle

HISTORY OF CONGRESS.

H.orR.

Fbreign Btialioat.

DiciMBiM, 1808.

BriLBiD to JDCorporBte, to identify henelf wiih 1

the Spanish people, end tliat in bolb lieiniipliereii. '
Aod, sir, lliat which sbe haKgiined,D01 only ena-
bles her to bear up uuder our embargo, but mucb
of it which we might have had is probably lost \
to US fotevei. Sir, [ bboulil have risked touch,
to lecure the friendship of that nation at this
time. If, as a freeman; aed the Representative of
a free people, I bad beeo inacceasible to the sym'
pathies which all such >bould feel, for a people
ileceived and beirayed, rising at leogih in their
■night and opposing their whole undivided force,
Tiih one great and noble end siraultaoeous im- '

Sinlse, to resist the subjugation attempted by a
orcigD lyrant ; if I could without emolioo have
wilaessed the march of the gloomy host, lo " vic-
tory or death ;" if without concern I could have
Men millions of my rellow-beiogs, with unbroken
firmne59,andaa uiiwareriog desperation, "strug-
gliog ID the storms of fale ;" yet at least I should
not bave been induced by aoy coosideraiioni to
have abandoned the interest of my owo country,
when the support of those patroiio heroes wan
10 intimately connected with that interest. Bui,
ait, it has so bappeced, that from the same cause
which makes us mourn our departed prosperity,
we have suffered Eogiand to unite hersell with
the hardy yeomanry of Spain, and to oppose,

Sierhapsfor the last (ime, ahold and formidable
roQi, to the overwhelming power of the conque-
tOT of Europe. If fortunately, sir, instead of fol-
lowiug up commercial eiperiment, we had set
our trade at liberty, and, by sending supplies to
Spain, had done all we could to assjat in hei en-
fratichisement,'hy enabling her to hold out in her
greet and ooble and glotioua purpose ; if we had
availed ourselves of this auspicious moment, to
fasten ourselves upon the affections of an honest
and faithful people; not only would our imme-
diate prosperity have been advanced, but we
should have bound them to us in a bond of union,
strengthened and sanctified hy the awful circum-
■taiices utider which it was lormed. Recur, sir,
to the services, the assistance which the ill fated
monarch of France rendered us in the Revolu-
tion. What have been their effects upon this
people? So great, sir, that the gratitude (hey
excited has been transfer red, from our benefactor
to his murderers !-~Because they were Freoch-
men! And not even yet, sir, has the Eentimcnt
ceased to operate upon the American mind. If
then, instead of permiiiing Oreai Britain tu go oii
without a competitor, " stealing the hearts of the

Sieople" of Spain, ne had extended to ihetn all the
tiendl^ offices in our power; if we had shown
an anxiety to make up in the desire of doing what
we lacked in the ability, the name of an Ameri-
can might have souniied in Spaiu like that of
brother on this great Continent. We should
have formed a union, founded on the sincerity of
fraternal attachment, which would almost havi
made us one people. But if Spain be able to re
■iit, we have lost an opportunity which will
never recur. If her restoration to independence
shall give to her people any new senttment to-
wards us, it will not be that of gratituile. For,

judging of the feelings of the tiaiion by the ap-
parent indifference of the AdniinisiraEioa, and
the language of its immediate partisans — ignorant
that there was in the country a humbled and per-
secuted band, who lored their own independsDCe
too mucb not to wish it to every brave and »ir.
luous people — ihey will perhaps never be pei^
suaded that there existed here anytbiog but ill
will towards them. The unhappy eonseiiuencei
of such an opinion it is uoneceaaary to expatiate

Bui a gentleman from Oeorgin, (Mr, Tkodp,)
n ibe course of bis observalioBs the other ilay,
remarked that, perhaps, at the very moment he
was addressing you, the people of Spain mi^ht
be imploring mercy at the feet of the conqueror.
This presents us with another view of ibc sub-
ject i but a view which ought to have more im-
periously coerced our Ooveroment lo tbe course
which they have neglected. Well, air, let us
suppose il. After resistitig, till their means of
resistance have perished — their countrymen cut
up, and murdered, and destroyed— the remnantof
tbe people of Spain receive the yoke. Suppose
tbe triumph of ionatiable ain,biiion complete.
Behold Joseph Napoleon, after having marched
from Bayonne to Madrid, over the dead bodies of
tbe Spaniards, amid the groans and the shrieks
and ihe execration and the despair of tbe widows
and orphans, behold bim seaiedet length, all over
covered with human gore,-anthe throne of Spain.
And what theni Can you doubt that the colo-
nies in South America will be from that moment
iodependentl Or do gentlemen know so little of
human nature, so little of Spanish character,
as to think it possible that the inhabitants of
Spanish America will rnsh forward to kias the
sceptre which has no ornament but the blood of
their breihren 1 That they will be eager lo pol-
lute Ibemselvcs with the horrible embraces of
the murderers of their kindred 1 No, sir, it b
impossible.

The motnent, then, that Spain is conquered, her
provinces on (his continent become independ-
ent— and, as thinn hatb been managed, undec
(he guarantee, and in the most cordial alliance
with Qreat Britain. We shall have in them, of
consequence, hostile and dangerous neightwn;
whik Qreai Britain will monopolize th«ir trade,
and if our present difficultiea continue, per)>etnally
instigate them to hostility against us. All this
might have been prevented, ii^in relation to Spain
onfy, our Qovernment had pursued the proper
course. The merchants applied for leave to re-
sume their commerce with Spain, but a deaf ear
was turned (o them. Disposed as Gr«at Britain
is to do tis '' harm," she may yet make use of the
Spaniards on this contiaent for that purpose.
Aod though these Spaniards have been long con-
sidered as contemptible, let it be remembered that
a nation is always regenerated by a revolution.
It assumes in such cases always a new and ele-
vated and fearful character. Let us then bewan
how we maka enemies of this people. Let us do
all we can ,to conciliate their friendship. It is
noi perhaps even now too late t« teirieye the ad-

.yGooglc

849

HISTOKT OF COKGKESS.

, 860

DXCBMBBH, 1808.

Fhreign JleCationi.

Tanuges the Administration hare oTeriookPtl. A
change of conduct may regain ua the afiecilons
aad frieniiahip which have been uoDecessaril]'
lost. And this, sir, is to be more desired, when
we louk forward to what is likely to be the situ-
ation of the European Continent if Soain is con-
quered. It will then be subject to ine will and
deiiputism of Napoleon. It will groan beneaih
that iron sceptre, in (he circnit of whose influ-
ence no virtue can liTe, nnd every effort of liber-
ty is idle. The aeal of empire is from that luo-
ment transferred from Surope to this continent.
There igtlorance, and porerty, and hopeless vas-
salage will draw on a monotonous existence ; or if
ever they rise, it will be to be crushed by the irre-
iiisrible band of power. Europe,, impoverished
by its long continued wars, and the frequent insur-
rections to which it will be subject, will nn longer
be able to cultivate the arts of p^ace. It will he
here then, on this regenerated continent, ibey may
hope tq ^nd repose and protection. Lei us nut
sacrifice the bright prospects before us to a vis-
ionary experimeiit.

It in time, sir, that we should retrace our steps.
The course we have been running has produced
DO good ; it certainly can produce none. Yet it
seems, instead of going back, we are perjieiually
urged forward. This great measure which was
to have restored, secured, and extended our com-
merce, has entirely destroyed it. Satisfied as the
Adtoinistration are of its inefficacy, they seem
determined to follow it up by a non-intercourse;
and that, sir, that is to do wonders indeed ! Why
will gentlemen suffer themselves to he deceived 1
The embargo when it had been twelve months in
operation was itself a non-intercourse to all sub-

?nd Anything ou
can pay for nothing whicb is brought .into it.
The noo-iniercourse is the old thing after all. It
is the old shoe new-vamped.

Sir, my heart bleeds for my poor couiitry, when
I see gentlemen determined to persist in this per-
nicious course — not a beam of hope brightens the
Erospect. All is darkness and ruin and misery
efore us. Is it possible we are going on io this
wayl that we are not to abandon our feeble
system till Great Britain yields? It does in-
deed seem so, sir ; for we have been told by a gen-
tleman thai when the embargo was laid on.
Government did, by doing it, give a pledge to
the nation that they would persevere until the
ends intended were answered. If, sir, the em-
bargo was such a pledge, the pas^iog of ibi» bill
will be a new pledge to the same effect. I
warn gentlemen, therefore, to be cautious. If
the course they are pursuing he indeed a wrong
one, promising no happy result, let them bear in
mind, the farther tbey proceed the more diiGcult
will be their return.

The gentlemen who opposed (he system now
in operation, have been called upon by the ma-
jority tosay which would they do — ihey have been
asked for their substitute for the embargo. And
1 confess I have been somewhat surprised to per-
ceive a tittle embarrasiment ia giving the an-

1 Representative of the people,
T it my duty, as well as my right, to a

good opinion of the people, I will not regret il.
What, say the majority to us, what would you
dol What would you have us do? I will tell
them, sir, what they should do. I will not with-
hold my feeble aid from ihem in their distress, I
should not think it manly, fair, or humane to do
so. We are all embarked in the same ship, and
must sink or swim together ; and although 1 am
but a green hand, and before the mast, I will do
all in my power to keep ihe vessel from going
down. What would you have us do 7 say gen-
tlemen. Sir, I would have them undo all they
have done. Yes, sir, all— and ai one smack ! 1
would return lo the policy of Washlnctom, I
would cut up this embargo system, root and
branch. If Ibis prescription be not followed soon,
it will be loo lale. We shall be in a condition
in whicb we shall be able to take no medicine
whatever. I know, sir, I am ptescrihing a hitler
pill for the Administraiion— hut it is the only
one that will answer. Let them lake ii therefore,
and il will soon work miracles for the good of the
country. Instead of going on accumulating ihe
obstacles to accommodation wiih Great Britain,
let us act an open part. Apply the sponge to
your embargo, and proclamation, and non-im-
ponation ; and I will venture to say ihere are no
diOiculiies between us which honest men could
not sellle in ihree hours, Reslore us to the
policy of the great Father of his Country, We
nave had enough of theory and experiinenl and

lilile old-fashioned

Id be s

prBclLcal wisdom.
But gentlemen
How submission ? Because we have at last found
out that by our system of commercial warfare
we cannot coerce Great Brilain, is an abandon-
menl of that system submission? God help
us, sir, if such pOsitloflf require argument to re-
fute them. No, sir; if, under the operali

will not ? Let us al length open our eye? lo ibe
truth. It is nol submission to abandon an ineffi-
cacious project." Let us discard our prejudices.
Hatred and love render men equally unfit lo pur-
sue wise counsels. If Great Biilam was lo come
10 your terms in consequence of the embargo,
what would you say? that ihe embargo haa
done it! And if the embargo had done it, would
Ibe submission not be on her part? Under the
pretence that we will not submit, considering
submission scandalous, we are made to suppose
our own conduct very fair, and kind, and gener-
ous, when we ask others to do whal we shudder
at. There is no disgrace in giving up an im-
practicable project; and "it is noble even to fail
in great attempts," Let the Administration have
the credit of haviog failed in the great attempt
of coercing Great Britain by an embargo— for a
great altempt it cerlainlj; was. But as it haa
failed, there can be no justification for persisting

.yGoogIc

861

mSTORT OF CONGRESS.

Foreign Relatioru.

DUBHBBR, 1808.

ia it; eUe, that which wu tt chariniag ipecula-
lion at the dutaet, will in the cud degenerate iota
downright obstinacy.

Repeal the embargo and non-imporlalion acts,
resciod (he proclamation, and send these reeolu-
tioos out of the Housl', and we shall have a
ebance at least for peace-^for a restoration of the
general prosperity. The Orders in Council will
not, caonol be persisted in, when you go to the
Morceorour miarorlunei — when you lay aside
the miserable project of coercing Oreai Britain
by an embargo — when, by resisting the French
edicts, you show a deiermlDBlion to defend your
liehta against the real, because the fir^t aggressor.

Before I nit down 1 beg leave to call the atten-
tion of the House to (he course which is medita-
ted lo bring France to justice. The second of
these resolutionn discovers (he manner in which
it if to he done. But, sir, will France feel the
effects of this measure; will she be even dis-
pleased at it 1 Indeed she will not. It will press
npon England only. And in the same propor-
tion that it is more powerful than the embargo,
in (he sarne proporlion will it please, because It
will accord with (he policy of Napoleoh Bona-
piir(e. And in the face of (he world you have al-
ready received the plaudits of Napoleon Bonapar(e
for your embargo. Can that, then, be called re-
sistance to (hciujtisiice of a foreign Power, which,
if she could dictate your course, she would order
to be done 1 Sir, I ani at a loss for Words to ex-
press my astonishment at hearing that rery con-
duct which France wishes us to pursue, to aid
her in her projec(!< upon England, called resist-
&Dcel OenllemeD are eloquent enough when
they speak of French injustice and per6<ly; but
Dor one of then) has ventured to show bow the
embargo has. or the non-inletcourse will operate
upon her. The first resolution, indeed, says, that
we will not submit to France; but the second,
which is 10 show the kind of resistance we are
to make use of. ahsolutely pledges (he nadon to
that course which France particularly desires !
She praised you for imposing (he embargo ; and
if noQ- intercourse be stronger than embargo, so
much the more will your praise be increased.
Nay. I should not wonder if vou should be re-
warded by a volume of French poetry, in praise
of your wisdom, virtue, and siocerily. Certainly
it will be deserved. Sir, let us not be trifled with
in this manner. Let us no longer be dealt with
thus unfairly. Do we, by the adoption of these
resolutions, resist Great Britain and France?
No, sir, they know we do not; and therefore 1
will not put ray trust in the deceivers, who "keep
the word of promise to our ear, but break it to
our hope." The conduct pursued towards France
I will not call submission; that word does not
describe its character. It is much worse than
Gubraission. We have all along aided her. We
are about to aid her by the very measure which
is called resistance to her. Is ihisconduct calcula-
ted to coerce France to justice? Sir, it would be
insulting to the House (o waste words on this sub-
ject— I say words— because the absurdity of the
proposition is too palpable to admit of argument.

out to geai
iety of pi

'eailemeo to eooveraa-

Whea I ^io

tion, (ha impropriety
France, when we have realty become her
iaries; ihey have answered, that it cannot be
helped. It is calculated they say to strike upon
England, and if the lash be not quite long enough
to reach France, we cannot help it; (bat is not
their fault. But I entreat them to reflect that
the more they wound England, (be more do ihey
make it the policy of France (o resist ; and that
if they wish really to have (he edicts of both
annulied, they do not come a step nearer their ob-
ject— for whatever England loses by our system,
France gains. In a state of war the loss of the
one party ia the gain of the other. Thus, though
we may injure Britain, her sufferings will not
tell for us; but fur France, we do all wecKo;
but we gain nothing by it. We "rob Peter to
pay Paul."

Sir, by embarking against England at ihia
time, we can promise aurHelves no good. If we
fail, all will agree that our condition will be de-
plorable. But if we succeed, we are ruined I
Our onlv safety will be in defea(. I have already
proved lliat England cannot, dare not acknowledge
the efficacy of any commercial coercion. You
have seen enough (o know (hat she cannot yield
to you, until she becomes incapahleof resistance.
Then she falls—into whose hands? Oural No,
sir ; into (he hands of France, She will cease to
exist as a nadon ; and will you then turn round
and fight France ? For what? To coiopel her
to let yau trade with England, when there is no
England to trade with. Your utmost success
gives England to France, and you have gained
nothing. The whole naval and military estab-
lishment of Europe is then at the disposal of
Bonaparte. You will indeed have mounted (he
tiger upon the back of the shark for your owa
destruction. Yes, sir, your animosity may be
gratified by overwhelming the Philistines in one
general destruction ; but remember you must
yourselves be crushed in the ruins of the Pagan
temples.

I could have wished tlut it had so happened
that the policy of Washington, in 1794, had been
the policy of the last year. I would now implore
the House and the Administration to return to
it. No beam of hope can cheer us in going foi-
w.ird. Peace cannot be atlaiued by the present
course, on the contrary it must lead us to open
wnr. It is not dishonorable to retrace our steps.
No country will dispute our pride ; we have dis-
played enough of that; let us at length be per-
suaded that prudenne and wisdom are not the
lowest of national virtues^ and that prosperity,
liberty, and happiness, are not the lowest of na-
tional objects.

I have not addressed ypu, sir, on this occasion
because I wished to wound the sensibility of
those who are opposed to me in political opin-
ions. I have believed that the present course
co'jtd bring us to no result but (hat of disappoint-
ment and disgrace, and perhaps ruin; and 1 have
been compelled to give my reasons fur the belief.
If the past has been indeed viongjlet ui not ob-

.yGooglc

853

HISTORY OF CONGRESS.

854

Decbhbeb, 1808.

Fbreign Relatione.

stinaiely plDDge on in our error. It ii hoooreble
to abiDdon error. 1 conjure gentlemen [o pause
ODe moraent before tliey proceed, ibat iber may
alleutiTely survey ihe present and ibe fulure.
The path of happicen From which we have
strayed m:ty b« easily regained ; and God ^rant
we may hare the magoaDimiiy lo return lo il

Mr. FiNDLST spoke for tweoty minutes in reply.

The first resolution, contaioed in the following
words, was divided, so as to take Ibe question first
on the part in italic:

" RMohed, Thai ihe United Slalei cannot, v/ilhcal
a aaerifice of Ihdr rightt. honor, and ind^endtnee.rub-
mit to the taie edieti of Great Britain — and France."

The question was then taken oq the first clause
of ibis resolution, and carried — yeas 136, nays 2,
as follows :

Yi^i — Evan Aleiaader. Lemuel J. Alalon, Willis
Aliton, Jan., Enkiel Bacon, DaTid Bard, Joseph Bar-
ker, Burwell BaSKtt, William W. Bibb, Williiin
Blackledge, John Blake, jun., ThomaB Blount, Adam
Boyd, JtdiD Boyle, Robert Brown, William A. Burwell,
WilUam Butlsr, Joseph Calhoun, George W. Camp-
bell, Epaphroditus Chunpion, Martin Chittenden, Mst-
thew Clay, Jdhn Ciopton, John Culpeper, Hichard
Colt*, John Davenport, jun., John Dswson, Josiah
Deane, loseph Deahs, Daniel M. DutbII, James Elliot,
William Ely, William Findley, James Fisk, Meshack
Franklin, Francis Gardner, James M. Garnolt, Tho-
mas GholsoD, jun., Peterson Goodnjo. Edwin Gray,
laaiah L. Green, John Harris, John Heister, WillUm
Helms, James Holland, David Holmes, Benjamin Hotr-
ard, Renben Humphraya, Daniel Ilsley, J<rfin G. Jack-
son, Richari! Jackson, Kobert Jenhins, Richard M.
Johnson, Walter Jones, Jsjnea Kelly, Thomas Kenan,
PbiUp B. Key, WiUism Kirkpafrick, John Lambert,
Joseph Lenis, jnn., Edward Lloyd, John Love, Na-
thaniel Macon, Robert Marion, Josiah Masters, William
McCreeiy, Willism Milnor, Daniel Montgomery, jr.,
John Montgomery, Nicholas R. Moore, Thomas Moore,
Jeremiah Morrow, John Morrow, Jonathan 0. Mosely,
Gurdon S. Mwuford, Roger Nelson, Thomas Nenhald,
Thomas Newton, Wilson C. Nicholas, Timothy Pil-
-kin, Jan., John Porter, J osisb Quincy, John Randolph,
John Reaof Fennsyivsnia, John Rhea of TeuDessec, Ja-
cob Richards, Matthias Richards, John Russell, Benja-
min Say, Ebenecer Seaver, Samuel Shan, James Sloan,
Dennis Smelt, John Smilie, Jedediah K. Smith, John
Smith, Samuel Smith, Henry SouUiard, Richard Stan-
ford, William Sledman, Clement Storer, Lewis B. Stur-
ges, Peter Swart, Samuel Taggart, Benjamin TaH-
madge,John Taylor, John Thompson, Ah ram Trigg,
George M. Troup, Jabez Uphsm, James I. Van Alen,
Philip Van Cortlandt, Archibald Van Horn Killian K,
Van Rensselaer, Dsaiel C. Verplanck, Jesse Wharton,
Robert Whitehill, Isaac Wilbour, David R. WillUms,
AleiaDderWilaon,NathanWiJiOn, and Richard Winn.

Naib — Barent Garden! er, and William Hoge.

The question being about in be put on the re-
maining part of the resolution, viz: on ihc words
"and France"—

Mr. RiMDQLPB inquired whether it was in or-
der to put a question oa these words, as ihev ex-
pressed no definite meaning, cooiainiug of (nem-
selres no specific propoaitioa to which a lespoose
of ay or no could be made ? '

The Speaker declared that it was ia order.

Mr, Randdlpr appealed from this decision,
and called for the yeas and nays on the appeal;
alleging, as a reason for making it, that no reso-
lution or motion could be divided, except where

proposition which could either be affirmed a

Much desultory debate look place on the appeal
from the Speaker's decision ; when

Mr.GHOLBOH appealed from ihedecision of the
Speaker, permitting the appeal by Mr. Randolph
after a question bad been taken (on the first
clause of the resolalion) under the decision ap-
pealed from.

The quesiion was then taken on the motion of
Mr. Gholson, viz: "Isthe decision of the Speaker,
permitting an appeal, correct?" It was deter-
mined in the negative — ayes 16; and thus the
question of order was decided.

The question then recurred on the second mem-
ber of the first resolution ; and the same'belng
taken, it «as resolved in the affirmative — yeaa
113, nays 2, as follows:

Yiis— Lemuel J. Alston, WiUis Alston, Jan., Eie-
kiel Bacon, David Bard, Joseph Barker, Burwell Baa-
sett, William W. Bibb, William Blackledge, John
Blake,jun., Thomaa Blount, Adam Boyd, John Boyle,
Robert Brown, Willism A. BurwaU, William BuUer,
Joseph Calhoun, Georgo W. Campbell, Martin Chit-
tenden, Matthew Clay, John Olopton, John Culpeper,
Richard CutCs, John Davenport, junior, John Daweon,
Josiah Deane, Joseph Desha, Daniel M. DQ^ell, James
GUiot, William Ely, William Findley, James Fisk,
Meshack Frsnkhn, Francis Gardner, James M. Gamett,
Thomaa Gholson, Junior, Peterson Goodwyn, Edwin
Gray, Isaiah L. Green, John Harris, John Heister,
William Helms. James Holland, David Holmes, Ben-
jamin Howard, Reuben Humphreys, Daniel Ilsley, John
G. Jackson, Richard Jackson, Robert Jenkins, Richard
M. Johnson, Walter Jones, James Kelly, Thomas Ke-
nan, I'hilip B. Key, William Kirkpatrick, John Lam-
bert, Joaeph Lewis, junior, Edward Lloyd, John Love,
Nathaniel Macon. Robert Marion, Josiah Masters, Wil.
liam McCreery, William Milnor, Daniel Montgomery,
Jan., John Montgomery, Nicholas R. Moore, Thomas
Moore, Jeremiah Morrow, John Morrow, Gurdon 9.
Mumford, Roger Nelson, Thomas Nenbold, Thomaa
Newton, Wilson G. Nicholas, Thnothy Pitkin, jun.,
John Porter, John Rea of Pensylvanui, John Rhea of
Tennessee, Jacob Richards, Matdiias Richards, Jolm
Russell, Benjamin Say, Ebeneier Seaver, Samaal
Shaw, Dennis Smek, John Smilie, Jedediah K. Smith,
John Smith, Samuel Smith, Henry Southard, Richard
Stanford, William Btedman, Clement .Bloier, Lewia
B. Sturges, Samuel Taggart, John Taylor, John
Thompson, Abram Trigg, Georgo M. Troop, Jabra
Upham. James L Van Alen, Philip- Van Corllsodt,
Archibald Van Horn, Killian K. Van Rensselaer, Dan-
iel C. Verplanck, Jesse Wharton, Robert WhitehiU,
Isaac Wilbour, David R. Willisma, Alexander Wilson,
Nathan Wilson, and Richard Winn.

NAis—Barcnt GarJenier, and WUIIam Hoge.

The main question was then taken that the
House do agree to the said first resolution as re-
ported from the Commiiiee of the Whole, in the
words following, lo wit :

.yGoogIc

HISTORY OF CONGRESS.

856

fbragn Kelatuma.

DlCBMBBR, 1806.

» Raalvtd, Tbtt the Unifi Stain oddoI, without
« ucrifice of thsir right*, honor, *nd independetii
■ubmit to the edicts of GicBt BrituD and Franca:"

Aotl iGiolved it) the affirmative— 7«as 118, Days
S, as follovs :

Yiii— Evan Alexander, Lsmttal J. Alilon, WiHia
AlatDD, junior, Eiekiel Bacon, Daiid Bard, Joaeph
Barker, Burwtll Bauett, William BlackleJga, John
Blake, junior, Thomu Blount, Adam Boyd, John
Bojle, Rabert Biowd, William A. Bumell, William
Botlar, JoMph Calhoun, Qeorge W. Campbell, Epaph-
toditui Champion, Martin ChittenJen, Matthsn Claj,
John Clopton, John Cuiprper, Richard Cntta, John
Dareaport, jun., John Davaon, Jonah Deane, Joaeph
Deaha, Daniel M. Ducrll, Jamei Elliot, William Ely,
William Findiey, Janea Fiik, Meihack Franklin,
Francia Gardner. James M, Garnett, Tbomaa Gholaon,
junior, Peterson Goodwyo, Edwin Oraj, Iiaiah L.
Grean, John Harris, John HeUter, William Helmi,
Jamea Holland, David Holmci, Benjamin Howard,
Reuben Humphrava, Daniel Haley, John G. Jackion,
Richard Jackaon, Robert Jenkina, Richard M. Johnmn,
Walter Jones, Jamta Kelly, Tbomaa Kenan, Philip
B. Key, William Kirkpalrick, John Lambert, Joaeph
Lewis, Jun., Edward Lloyd, John Love, Nathaniel Ma-
MB, Roiwrt Marion, Joaiab Maitera, William McCree-
tf, William HiJnoi, Daniel Monl^mery, junior, John
Montgomery, Nicholaa R. Moore, Thoma* Moore,
Jaramiah Morrow, John Morrow, Jonathan O. Moaely,
OardtnS. Mamrord, Roger Nekon,Thomai Newbold,
Thonaa Newton, Wilson C. NioholaB, Timothy Pit-
kin, jnn., John Porter, Joaiah <juincy,John Randolph,
John Rea of PenaaylTaniB, Jobn Rbea of Tennessee,
jMob Riefaarda, HaUhias Richarda, John Rttssell, Ben-
jamin Bay, Ebeneaar Seaoet, Hamnel Shaw, Jamea
Sloan, Dennis Smelt, John Bmilie, Jedadiah K. Bmith,
John Smith, Henry Southard, Richard Stanford, Wil-
llani Stodman, Clement Storer, Lewia B. Sturges,
Suinel TaggBrt, Benjamin Tsllnadge, John Taylor,
John Thompson, Abram Trigg, George M. Tronp,
Jabra Upham, J*m« I. Van Alen, PhUip Van Cort-
Jandt, Archibald Van Hera, Killian K. Van Renaaelaer,
Daniel C. Verplanclt, Jeass Wharton, Robert White-
hill, faaac Wilboar, Darid R. Williams, Alexander
Witaon, Nathan Wilson, and Richsrd Winn.

NaT* — Barent Oardenier, and WLliam Hoge.

Wednesday, December 14.

A Mesaage. reeeired from the Preiideni of the
United States on the tbirieenili iasiaot, was read,
traosmiuin^ a report of the Comrniasioners ap-
pointed under the act of iSlarch 29th, 1806, cod-
cerniag ■ road from Cumberland to-Ohio, being
« slBtemenl of the proceeding* under tbe act,
fince their lR!!t refMrt communicated laCon([reM.
— -Referred lu Messrs. jERCMrAH Morrow, John
O. Jaokson, LtoVD, LvoR, and Rba of Penn-
■jrlvania.

The bill Troia the Senate, entitled "An act sup-
ple met) la I to an act, entitled 'An act for extend-
ing the terms of credit ou revenue bonds, In cer-
tain cases, and for other purposes," was reed
twice, and committed to tbe Commillee of the
whole House i6-morrow.

Tbe bill seat from the Senate, entitled "An act
to change the post route from Annapolia to Rock-
hall, by Baltioiore lo Rockhall," wu read twice.

and commiued to the Committee on Post Officea
and Post Road*.

Tbe Hou» proceeded to caD»dn the second
reaolulinn reported by the select cominitlee ap-
pointed on that pan of the President's Measage,
at the GO ID Tnen cement of the present session,
which relates to our rcreisn relations, and to
which tbeCoininiiteeofihB Whole reported their
agreement on (he first instant ; which said second
resolution is contained in tbe wocds following, to

" Saohed, That it ii eipadient to prohibit, by law,
the admission, into the porta of the United Slates,
of all public or private armed or unarmed shipaorTca-
sela belonging to Great Britain ar France, or to any
other of the belligerent Powara having in foreo order*
or decreea violating the lawful commerce and neutral
right! of the United States ; and, also, the importatian
of any goods, warn, or merchandise, the growth, pro-
dace, or mannftcture, of the dominioni of any of tha
■■id Powers, or imported froni any place in the poaaes-
sion of either."

Mr. MiLNOR opposed the resolution io a speech
of about an hour ; Bad Mr. Fibk supported it in
a speech of an hour and a half; when the House
adjourned, without lakingtbequealioQ.

TntjRBDAT, December 15.

Mr. LswiB, from the Commillee on tbe Dis-
trict of Columbia, presented a bill auiboriziog a
lottery to raises sum of money for the purpose
of building a church in the town of Alexaniliia,
in the District of Columbia, for the use of the
Kpitcopal Congregation io the Hid town ; which
was read twice, and committed to a Committee
of the Whole on Monday next.

On motion of Mr. Jebbb B. Thomab,

KtKolved, That a committee be appointed to
inquire into the espedienc^ of eiiending the
right of suffrage in tbe iodiatia Territory; and
that ihe said committee have lear^ to report
iher^n by bill or otherwise.

Ordered. That Messrs. Thohab, Cdlpbfeb,
GoonwvN, Blake, and Suoah, be appointed a
commitiee, pursuant to the said resolution.

Mr. Tbomab presumed lo the House sundry
resoLutions of the Legislative Council of the In-
diana Territory, relative, to an extension of the
right of suffrage therein ; which were read, and,
together with such parts of the resolutions of the
House of Repreten tat ires of that Tetriioiy, pre-
sented on the fiiorteenlh ultimo, a.% relate to ibe
same subject, referred to the select committee last
appoiniPd,

Mr. Lewis presented to the House a represeni-
aiion froTli Samael H, Smith, Robert Brent, and
Thomas Corcoran, a cummlEiee appointed by the
Levy Court of the county of Washingtoa. in the
District of Columbia, praying that the said Levy
Court may be vested with full power lo lay out
and repair public roads, stid to erect and repair
bridges in t^e said county, under such conditioDs
as the wisdom of Congress aball seem meet.

The said representation was read, and, together
with a copy of ceruin proceedingi of tbe Levy

.yGoogIc

857

HISTORY OF CONGRESS.

DacEMBBB, 1

Foreign Relationt.

H.opR.

Court aforfsaid. referred to Ibe CoHnniuee for
tbe Dislrict of Columbia.

Mr. L. alio presented a pelJtioD of the Veslry
of the Frotestaat Episcopal Cliiirch io the City
of WasbioglOD, praying [hat the pelilioners may
be autborized by law, to raise, by way of lottery,
a sum not exceediDg eigbt thousand dollars, for
the purpose of fiuUbing the building of a cburc'
in tlie ssid city, and the payment oT debts aire
dy incurred aa account uf the same. — Referred
to the Committee for the District of Coiumbi

Hr. EpFEspresealed lo ibe House certain
turns or staleoieDla relative to the amount of free
male inbabiianis, and the number of rotes takeo
at Sections held in the counties of Randolph and
St Clair, in the Territory of Indiana, together
with the depositions of sundry persons in tbal
Territory, relaliTe thereto; vbicb were referred
to the committee appointed, on the ihirieeatb in-
stant, "to inquire into ibe expediency of dividing
the todiaoa Territory."

On motion of Mr. Jobhson, the letter and rep-
resentaiioD of Tbomas Paine, presented on the
fourth of February last, was referred to the Cqm-
miue« of Claims.

FOBEIGN BELATION8.

The House resumed the coDsideralion of the
second resolution reported from (ha Committee of
the Whole on (be first insiant, which was de
pendibx yesterday at the time oradJDUramen,t.

Mr. Upham spoke aeaiosi it for about three
quarters of an hour. The following is the con-
cluding portion of his speech, being all which the
compiler has been able to lecorei.

This embargo system, said Mr. U., will indeed
destroy Our commerce, as far asilcan be done by
human lawK. And this 1 rerilf beliere to have
been the object of those who projected and recom-
mended this, system. Yes, sir, I do believe that
the object of those who projected and reconi-
mended this system was, and now is, to annihilate
your active commerce — to form this itito a Chinese
country. How far and to bow many they have
exposed " the whole grotiod," I will not pretend to
say. Tbeobject, in (heir view, was unquestiocably
a laudable one. They undoubtedly had in view
the permanent happiness of ibeir country. This,
air, I am bound to suppose — for I must not, I do
not call in question their motives. They consid-
ered, that the seeds of war between this and the
other nations of the earth, were sown on the
ocean — that the foundations of all our national
conflict! were laid in (be prosecution, of com-
merce; (hat such was (he relative si(ua(ion of
(his country, separated from the great belligerent
Powers uf [he world by the Atlantic ocean, that
it was scarcely possible for as to be involved in
war, if we should adopt and scrupulously preserve
the scheme of ''a dignified retirement,' — a terra-
pin system — if we should draw and keep ourselves
within our shell.

The projectors of (his syslem, alihottgh they
might be fully sensible of the advantage of com-
merce, in raising a revenue and in enriching the
nation, yet they might be convinced, that its dis-

advantage, as a source of war, was far Rrealer.
They roijnt calculate upon a ten year^' war, say
once in fifty years. They might place the ad-
vantage of commerce to its credit, and the disad-
vantage of war, as a conseguf

ieSif, ant

against it. However fallacious and Utopian, and
indeed ridiculous this soil of calculation may ap-
pear to me, I am convinced of its being very hon-
esily adopted by (hose who recommended the
embargo system, under the present reign of politi-
cal philosophy or philosophical policy.

I am, air, induced to believe, that the real ob-
ject oj' those who projected and recommended
this system, was to destroy our commerce, be-
cause they must have had soma object, anil ii
could not have been intended as a precautionary
measure, so far as it respects any apprehension*
from the British Orders in Council — for they
were not known in this country to eiist at the
time (hePresident recommended the first embar-
go law, the 18th of Decembef; 1807, nor when
the law was passed, the 22d uf (he same Decem-
ber. I say, sir, in the face of the House and in
the face of the nation, tbal the British Orders in
Council were not known in this country to eiisl
when (he first embargo law was passed. Isay so,
because I attended, with much interest, to the
whole of the debate upon the passage of the law,
and the orders were not once memioned. If the
advocates of this law had known of the existence
of the British orders, we should surely have heard
of ihem on this floor. If they had been known to •
the President, his knowledge, in some form or
shape, would have found its way within these
walls.

The object (hen of this measure was not pre-
caulioDary,.so far as it respects anythihe tu be
apprehended from the Brjtish Orders in Council.
And BB (0 (he decrees of France, nothing, as I
have before suggested, very serious, was to be
feared from them. So long as England with her
navy was at war with France, i( certainly would
not have been thought necessary to lay a^ene/al
embargo as a precautionary measure against the
decrees oftbelatter, whatever might he considered
prudent in case a permanent peace should lake
place between these nations — an event which
will happen when — and not before^tbe mille-
nium shall commence. As lo any expectation of
coercing to terms by the embargo, those two great
belligerent Powers, or either of them, who have
so long maintained the balance of power among
all the Powers of the earth, the expectation never
could.bave been entertained by aiiy rational man.
al object was oeilhei precaution nor
my belief. It was tp destroy c
■to form this

Chin

miry i

Again, sir, if ihe measure was intended solely
IS a precautionary measure, why make it perma-
leot 1 ^Vhy not atemnorary embargo upon your
hipsand vess-ls? Anlionorablegenilemaa from
New York, (Mr. Mdhforo,) I very well recollect,
moved an amendment so that the law should be
temporary and not perpetual. He moved an

.yGoogIc

HISTORY OF CONGRESS,

H. or R.

December, 1808.

amendmeDt so b> lo limit (he embargo to sixty
days. Btil his amendmeat was loaL Nothing
but a general aad perpetual embargo would do.

I ask agaio, sir, il' " the act was a measure or
precauiioD ooly, called for by ihe occasion," why
make the law perpetual, iaslead of temporary 1 If
ii was "slriclly a measureofprecautioD, required
by the daageM incideoi to external commerce,"
why was not llie amendment offered by the gen-
lleroaofrom New York (Mr. Muhford) adopted?

As further eTidence, Mr. Speaker, that the em-
bargo, was intended as a permaaent measure — a
measure to destroy commerce — I will refer you
to (he answer of tbe PresideD( of the United
8ta(es, to (he Legiilaiure of (he State of New
Hampshire. With youi Icare, sir, I will read an
extract from this answer, speaking of the embargo :
"I( gaie us time to make a last appeal to the

< reason and reputation of nations, la themean-
' while, I see with satisfaction thai this mea-
' sure of self-deuial is approved and supported by
' tbe great bodv of real citizens ; that (hey meet
' with cheerfulness the temporar? privadons it
' occasions, and are preparing with spirit to pro-
' vide for themselves those comforts and codtc-

< nieaces of life, for which i( would be unwise ever

Now, sir. (his can be understood but one way.
Itadmits of no comment. Itspeaks for itself. ''I
see with satisfaction" that "the ^reat body of
' real citizens are preparing with spirit (o provide
' for themselres those comforts and conreuiences
' of life, for which it would be unwise erer more

Bnt,Mr Speaker, the persisiiug still in this sys-
tem, and we perceire by the President's Message
at the coromencemenl of the present session of
CoDsress that he does persist in it, is enough of
itself to convince me that the object is the anni-
hilation of your commerce. Yes, sir, it is con-
clusire and irresistible evidence to my mind.

There never was before, sir, a general and per-
petual embargo laid in anv country from the be-
ffinning of the world. Tnere was never an em-
bargo beforcj general or special, perpetual or (em-
Eorary, continued for the length of time our own
as been continued. It is almost a year since the
lav imposing this embargo was enacted. And, sir,
it is Dol to be repealed. The iriiem is to te per-
sisted in. It is 10 be executed more vigorously.
Sir. can any person doubt of its object?

However, Mr. Speaker, commerce in this coun-
try cannot be destroyed by human laws. No, sir,
the commerce of ibis country cannot be annihi-
lated by your embargo laws. These laws will be
evaded; (bey will be violated ; they are in dero-
^tion of (he common and national rights of the
citizens. The suspension of commerce and nav-
igation is so at variance with all (he feelings, the
customs and habils and interest of (he people of
(he Northern Stales, (hat they wilt evade, they
will hazard the penalties, aod viola(e your laws
suspending tbe meansof their existence. TKey
will consider that to do it is no malum in te, but
merely maltan prokibilum. It is time to speak
oui; these iawa caDDOt be p«nnaiiently enforced.

I will not say aa my honorable colleague, who
sits before me, (Mr. HtiiHcv,) has said, however
true I believe it to be, 1 will not say, that you may
as well enact and execute lawa to control and
counteract the laws of nature, to control the ele-
ments of Heaven. That you may as well make
and enforce laws Co preven( (he flowing of (ha
water, the circulation of the air, dbc. Bat this 1 ;
will say, sir, that you may as well, by your laws, j
induce the people of New England to abandon \
forever their springs and (heir wells as lo abandon
forever the ocean. You may as well adempt to
deprive tbem of the use of their fresh as of their
salt waters. They have been as Ions and as con- |
sianlly in the use of (he latter as of the former.
Yes, sir. you may rely upon it, you may as well ;
coerce oy law the people of New England to
abandon permanently the use of their springs and
their wells in their ordinary culinarv coDcerns, as
(o coerce them by law permanently to abandon
the use of the ocean. Why, sir, they have been
constantly in the use of this common and national
privilege ever since (heir ancestors landed on the'
shores of Plymouth. Tbe ancestors of tbe peo-
ple of New England early employed themselves :
in Gshing, and transported their Ssh, with their |
lumber, to (he West ladies, which were settled |
before that country, and there exchanged ihem ;
for the "comforts and conveniences of life." —
Their postL'riiy has ever since been extending !
their commerce, "it has grown with their growth
and sirengihened with (heir strength." No, sir, |
itiey cannot — they will not give it up.

But it is saidj sir, lo give up this embargo aya-
lem, is submission — disgrsceiul submission.

The whole state of our foreign relations seems •
to be brought by your commitiee on so much of
tbe President's Message as respects (hose relationi
10 a sortof InjiIeAranchaliemative— submission,
embaren, or war with both naiiona. As to war
with both nations at the same time, while those
nations are engaged in an inveterate and deadly
war with each other — this has been set in its
proper ridiculous point of light by other gentle-
men. I shall say nothing about it. Its total im-
practicability has been sufficiently illustrated.

But for my life, I cannot distinguish between
(he embargo and submission, I cannot see how
gentlemen conjure with the embargo so «a (o
make it other than submission.

A gentleman from Virginia, who spoke early on
thissubject, (Mr. CLOPTON,)ohservea, that to nar-
i gate tbe ocean and ptitsue our commerce aspoint-
ed out by the belligerent nations, in tbeir orders
and decrees, would unquestionably be submission
abject submi'ssion J but to relinquish navigation,
and to give up entirely our commerce, in conse-
quence of these orders and decrees, is no submia-
sion at all. Now, sir. I do not understand this.
My neighbor orders me to build and repair the
fences around my farm in a certain way; in some
places, he directs me lo erect walls, in others, to
make what we in our cooniry call Virginia fence.
He also prescribes in what manner I shall till and
cultivate my farm, and with what seeds I shall
sow and plant it. Now, according to this gentle-

.yGooglc

HISTORY OF CONORBSS.

Drcevbbk, 180e.

man from VirgJDia, If I folloT the orders tnd ihe
directiopEormy iiei|j;bbor, il is lubmissioa; but if,
in consequence of his inlerference in my concerns,
bf biscommandsand direclions, I repair and build
DO fences at all around ray farm and forbear to put
any seeds into my ground or to till or culti?Bte
my farm in any tvay — if Id coDsequence of big
orders I permit my farm to go into decay and my
lindi to lie fallow and common — if, indeed, 1 aban-
don my farm altogether with all its profits, this
forsooih is no submission 1

Aeain, Mr. Speaker, what ii the subject-matter
of all our COD troteray, with France atid England?
Sutaly it will be agreed, chat ibe subject-matter
□I'all onr difficulties with these nations relates to
am rights to navigate the ocean and carry on our
commerce. T bey say tbeoaean must be navi-
gited by as under certain restraints, and that out
cotnmerce must be roanaeed under certain limi-
Uiioni and conditions. We say these limitations
and restraints are contrary to the laws and usages
of natiani. All agree, nl least in their speeches
on this floor, that tbe use of the ocean, that our
commerce, is of the utmost importance to us — that
our seameD are employed by it, fed they and tbeir
familiesBie by it, fed and clothed qndmade happy i
that onr citizens are enriched and our nationai
exchequer caused to overflow. Now, sir, what
can we do 1 Why, sir, by our embargo laws, we
abandon the ocean aodgireup our commerce, and
Kill talk about embargo or submission. By the
embargo we submit to yield up all our rights on
tbe ocean, and still present to the nation the al-
leroative of embargo or submission. In coitse-
quence of the Britiili orders and French decrees,
ve abandon all our rights on the ocean, every-
Ibing in diapute, and in the same breath we say —
we Tote — we gravely and solemnly resolve, we
cannot, without a sacrifice of onr rights, our non-
or, and our independence, submit to ibese aame
orders and decrees.

But, Mr. Speaker, gentlemen ask u» for a sub-
stitute. They inquire what measure is to be
adopted. If the embargo is to be givea up. Why,
Fir, 1 think we are on sure ground as to that.
There is no hazard. The country cannot be in
a worse situation than it now is, borne. down and
groaning under the present system. We are, sir,

To inquire for a substitute, is like a man in the
very act of committing suicide asking in what
other way be shall preierre his life. Yes, sir, like
a man in the rery act of cutting his own throat,
upon being solicited to desist, inquiring in what
manner ihaa by cutting his throat he can save hi«
life.

I have done, Mr. Speaker. As I am .convinced
that yourembarge has not answered snd will not
answerany of the avowed purposes of its advo-
cates; as it oppresses no nation but our own;
u its object, in fact, is to destroy our own active
commerce; as to continue it is infinitely greater
and more disgraceful submiasioD, than to repeal
it, I hope raoat earnestly it will be repealed.

Mr. LivERMoBi followed in opposition lo the
resolution, in a speech of aboat an hour.

lyn

r. Boyd spoke in support of it, for about twen-

Mr. Tatlur followed, on the same side, in a
speech of about an hour.

Mr. Cook spoke a few minutes, in explanation
of his former remarks.

A motion was made to adjourn, and negatived
—54 to 49.

Mr. Pitkin said, that he wished to deliver bis
sentiments on this important subject, and did not
wish lo commence at this late hour ; and renew-
ed the motion to adjourn; which was earned —
57 to 61.

(rid of Columbia, presented a bill supplementary
to the act, entitled '' An act to amend the charter
of Alexandria i" which was read twice, and com-
mitied to a Committee of the Whole on Monday
next.

Mr. John MoHTOOMEar, from the commillee
appointed, on the 15th ultimo, " to inquire if any,
and what, compensation ought to be made to
Cap'aiu Pike, and his companions, far their ter-
vices in eiploring tbe Mississippi river, in tbeii
late expedition to the sources of the Osagei Ar-
kansas', and La Platte rivers, together with their
tour through New Spain, made a report thereon ;
which was referred to a Committee of the Whole
on Tuesday next,

Mr. John Montoomerv, from the same com-
mittee, presented a bill making compensation to
Captain Zebulon M. Pike and his companions ;
which was read twice, and committed to the
Committee of the Whole Isbt appointed.

The Speaker laid before the House a letter
from the Secretary of the Treasury, accompany-
ing his report, and sandry statements marked A,
B, C. and D, prepared in pursuance of the "Act
supplemeniary to the act, entitled 'An act to
establish the Treasury Department ;" which were
referred to the Commillee of Ways and Means,
and two thousand copies of the report, and three
hundred copies of the letter and statements ac-
companying the same, ordered to be printed for
the use of the members.

Mr. Thduab presented a petition of sundry in-
habitants of Knox county, in the Indiana Terri-
tory, in opposition to the prayer of petitions of
the inhabitants of the counties of Randolph and
St. Clair, presented on the eih of April last, for a
division oi the said Territory into two separate
governments. — Referred to the committee ap-
pointed, tbe 13ih instant, on the expediency of
dividfhg the Indiana Territory.

On a motion made by Mr. Qahdenieb, that
when this House adjourns, it will adjourn to meet
on Monday next; the question was taken there-
upon, and passed in the negative — yeas 43, nays
59, as follows:
: Ycis— Evan Alexander, William W. Btbb, John
Campbell, Mirtin Chittendan, John Davenport, jr.,
WUham Ely, John W. Eppes, Bsrent Gardeniei, Fran-
cis Gardner, James M. Qsmett, William Huge, David
, Holmaa, Riehud Jackson, Robert Jenkins, Walter

.yGoogIc

863

mSTORT OF CONaRESB.

H. or R.

Importation of Salt.

864

Dbcbmbbb, 1808.

JonM, Jamea Killj, PhlUp B. Key, WiUitm Ktikpat-
riclc, Jouph Lewi*, jr., Bdwanl St. Loe LiiermoTe,
Edward LIoyd.Robait Marion, WilUtm Milaor, Tboi,
Nenlon, Timolh; Pitkin, jr., Joaiah Quinc;, John
Bandolpb, Jacob Richaidi, Beojaiaia Sbj, Richard
Stanford, William Stedman, Lewia B. Sturgca, 8a.muel
Taggart, John Taylor. George M, Troup, Jabn Upham.
Philip Van Cortland), Archibald Van Horn, Killian K.
Van Renaaelaer, David K. Williaoia, Alexander Wit-
ton, Nathan Wilson, aad Richard Winn.

Ntta— Lemuel J. Aliton, David Bard, Joteph Bar-
ker, William Blackled^, John Blake, jc, Thomaa
Blonnt, Adam Bojil, Robeit Brown, William X. Bur-
well, WiUiam Butler, Jaaeph Calboun, Matthew Claj,
John CloptoQ, John Uulpeper, Richard Cutta, John
Dawaon, Joieph Deaha, Jamei Fiik, Meahaok Frank-
lin, Edwin Gray, Ii«iah L. Gteoa, John Harria, John
Hobter, William Uelmi, Jame* Holland, Benjamia
Howard, Daniel Ililey, Richard M. Johnaon, John
Lambert, John Love, Wni. McCreray, Daniel MonC-

Kmery, jun., John Montgomery, Nidiolaa R. Moore,
remiidi Morrow, John Morrow, Onrdon S. Miiililbrd,
Roger Nelaon, Thomaa Newbotd. John Porter, John
Rea of PannaylTania, John Rbea of Trnnaaaee, Mat-
Ihiaa Richards, Samnel Riker, John Ruaael, Lemuel
Sawyer, Gbeneier Seav^r, Bamuel Shaw, James Sloan,
Dennis Smelt, John Smilie, Jedediah K. Bmith, John
Smith, Samuel Bmith, Clement Starer, Peter Swart,
Jewi Wharton, and Robert Whilehill.

The Hou^e resumed (he coDsideratioD or the
second resolution reported from the Cammittee of
the Whole, on the Isi instant, which w&sdeptnd-
int yesferday at the time of adjoufnmenl.

Mr. Newton supporled the resolution nod the
report generally in a speech of about (wo hoars
and B half; when the House adjourned.

SATDRD4T, December 17.

Od a motion made by Mr. Alszahdbh Wil-
•OH, that the Hotisetio now adjourn until Moo-
day morning, 11 o'clock, the qneatioa w»> taken
thereupon, and paasrd in the negative — yeas 6,
nays 39,88 follows:

Tiia— Abram Trigg, Philip Vbr CorUandl, AnAi-
bald Van Horn, Killian K. Van RmMelaer, and Alei-
•Oder WilaoD.

Niia— Waiu AkMon, jun., Joaeph Bukn, WitUaia
W. Bibb, John Blake, jun., William BuUer, Joauph
Calhoun, John Clopton, John Culpeper, Jamea Fiak,
Moahack Franklin, Francis Oardoer, Edwin Gray,
Isaiah L. Green, John Harris, WiUiam Helms, Daniet
lUley, Thoma* Kenan, John Lambert, NaChanial Ka-
ma, William Milaor, Daniel Moatgomery, Jan., Jera-
miah Morrow, John Morrow, Roger Nelson, Thomas
Newbold, Timothy Pitkin, jun., Joaiah Quincy, John
Khea of Tenneeaee, Jacob Richard*, Bbeneier Seaver,
Jedediah K. Smith, John Smith, Clement Storey Ben-
iamin Tallmidga, John Taylor, John Tbompsiin, Geo.
M. Troup, James L Van Alen, and Robert W hi tehill.

It having appeared by the foregoing
a quorum, coasistlug of a majority of i

the

, ibac

niber of members, was not present.
wat made by Mr, Van Cohtlandt, thai the
Speakbb be requesied to direct the Doorkeeper
to tend for ab<,en( nienibers, for (ha purpose of
forming n quorum to proceed on (he hu»inesa be-
fore the Houte; and the question being taken

Yiii — John Davenport, Jan.. David Holmea, Rob-
ert Jenkins, Bdward St. Loe Livrrmore, Philip Van
Cortlandt, Archibald Van Horn, Killian K. Van Rena-
selaer, Alfiander Wilton, and Richard Winn.

Ntis— Willi* Alston, jun., Joseph Barker, William
W. Bibb, WiUiam Blackl•dg^ John Blake, jun^ Wil-

Fiik, Mrshack Franklin, Francis Gardner, Thomi
Ghotaon, jun., Edwin Gray, Iiaiah L. Green, John
Harrii. Reuben Humpheys, Daniel Ilstey, John Lam-
bert, Nathaniel Macon, WiUiam Milnor, Daniel Mont-
gomery, jun., Nicholas R. Moore, Jeremiah Morrow,
John Morrow, Roger Nelson, Thomas Newbold, Tlioa.
Newton, Timothy Pitkin, jun., Joaiah Quincy, John
Rhea of Tenneasae, Jacob Richards, Lemuel Sawyer,
Ebenunr Beaver, Samuel Shaw, Jamea Sloan, Jedo-
ikah K. Smith, Samuel Smith, Clement Scorer, Benja-
min Tallmadge, John Taylor, John Thompaoa, Abram
Trigg, George M. Troup, Jamaa I. Van Aien, Hobert
Whitehill, David R. WillUms, and Nathan WUbd.

A Bufficient number of members (o form a quit-
rum having appeared, and taken (heir seats in
the House, Mr. Lewis, from the Commtt(ee for
the District of Colnmbia, presented a bill suppie-
meD(aTy to an aet. entidea " An act authorizing
the erection of a bridge over the river Potomac,
within the District of Calumbia)" which was
read twice, and committed lo a Cammit(e« of (he
Whole.

A message from the Senate informed the House
that (he Senate hate pasted a bill, en[iileil ''An
act to provide for arming, manning, and fiitlog
out for immediate wrviee, all the public ships of
war. vessels, and ganboaU, of the United S(ates;''
to which they aesire the concBrrence of this

NATURALIZATION LAWa
Mr. BoitwBLL reported a bill to establish ao
uniform rule of Da(uralization (hroughont the
tlDiled States. He observed, that it would be
recollected that he had suggeE(ed a modification
in this bill, bu( the committee had not been able
to concur in opinion on the subject, and he re-

fiorted the bill in (he same form as it was proposed
Bsi session, intending to propose his modification
in Commidee of the Whole.

The bill wan twice read, and referred to a Com-
mitiee of (he Whole, and made the order of the
day for Monday three weeks.

IMPORTATION OP SALT.
Mr. LivBRHOBB said, that from infocmation re-
ceived from various parts of the United Stales.
i( apjieared that the article of salt, so asseolial for
puUie support, was very scarce, and had risen in
his country 100 per cent, (hat is, (o (wo dotlart
per bushel. He was, therefore, induced (o offer
(he following reioludon:

Roahed, That the Committee of Commerce and
Manubcturea be iaatruated to inquire into the eipe-
dieney of permitting certain vesteli (o de^rt from the
porta and hatliors of the United S(atat iix tba purpoae
<rf importing salt; and that Ihej have leave lo report
bybiUor—- ^--

.yGooglc

865

HISTOEY OF COKORESS.

DCOEMBBR, ll

FoTtign Belaiion*.

H.ofR.

The Houtekgreed to coaiider tbe resoluiion —
53 to 25.

Mr. CoTTa Mid, that he observed by a paper
coniaiDioj^ the price carreot, thai th« price was
but 6«. 6i. per bushel.

Mr. Bacon said, that as this was a subject oe
which ao iuslaoiaDeaus deeisioo ahouid not be
made, he should move thai it lie oo the table.

Mr. LivBBNORE said that the price of this arii-
cle waa rapidly riling, aod it was extremely de-
sirgus that vessels should be perinitied to go Ic
Turk's isJand for ihe purpose of hnaging in salt

The mottoa that it lie od the table was car-
ried— ayes 51.

FOREIGN RELATIONS.

The uafiniihed busioess ai yesterday was taken
np^the qoeaiioD being on the following resolu-

Saolted, That it ii vxpedieot to prohibit, by law,
the admiwOD into the ports of the United States of all
public or private armed or unumed ahip* or vcaaeie
belonging to Great Britain or France, or to an; other
of the beiligenint Powen, having in force orders or
decrees violating the lawful commerce and neutral
rights of the United States ; aad also Ihe import
of aa; goods, wares, or merchandise, the growth, pro-
duce, or monilfecture of the doroinioDs of any of the
•lid Powers, or imported from any plme in the possea-
■ioa of either.

Mr. Rbei of Tenuessee supported the resolu-
lioD iQ a speech of oear two hoars.

Mr. TAGoaRT aaid : Mr. Speaker, doI beiuK
touch in the habit of addressing thisHousej I feel
adegretofdiffidenceiiD the present oceasioo. But
as 1 have lisiecied with patience and alcentioa
to the lengthy discussion which has taken place,
iai as the subjeaL itself is all-iiDportant, embra-
cing Dolhiag leas than the dearest interest of the
nation, and perhaps involving in its consequences
the esisteoce of our independence itself, I shall
make do apology for obcruding some observations
on the House even at this late stage of the debate.

As I find that gentlemen have not strictly con-
fined themselves to the positions contained ia the
lesotuiiona on whieb we ate called to vote; nor
to the report of the Committee on Foreign Re-
lations, on which these resolutions are predicated ;
bat have extended their views to the whole sub-
ject of our foreisD relations, I shall beg the indul-
geoce of the Home, while I attempt to pursue
the aame course. Indeed it seems to me proper
that the debate should take this direction ; for, if
1 understand the reasoning of the Committee of
Foreign Relations, the adoption of these resolu-
tions IS coniiecied with, and come in aid of the
present system, now in oparaiion ; I mean the
embargo.

Some gentlemen, who have preceded me, have
observed that they did not enter on the discus-
*ion expecting to eSect any alteration in the sen-
timents of a single individual in the House; in-
timating, as 1 understood them, thai the discus-
sion was rather designed for the public than for
'be House of Representatives. At this late hour
of the debate, and after the leagihy and brillianl
10(h Com, Sd Sess.— 85

display both of eloquence and argument, which
has been made, and which has, probably, had but
little effect in altering opinions already formed,
it would be a piece of vanity which I should not
wish to possess, should I address you with any
such expectation. But as I shall probably record
my name in a small minority, on the several ques-
tions which will be taken, and as that portion of
the community which I represent has the same
stake at issue with their fellow-citizens in the de-
cision of the present question, some expianatioa
of the reasons of my conduct may be due to

While 1 express my dissient, in lota, from tbe
course which ka* been pursued, and which' it still
appears to be the determination to follow, and
enter my solemn protest against all responsibility
fur the consequences, I shall probably decliae
the call often made upon the mjnoriiy, by mem-
bers in the majority, to submit resolutions, propo-
sitions, or measures, which in our opinions ought
to he pursued in preference to the present. It
must be familiar to the rtcollectiuo of gentlemen
that during the last session of Congress, when the
subject of the embargo was under consideration,

SropDsitions submitted by the minority were uni-
itmly refused so much as a consideration by the
House. This gives but poor enconragement for
the submission of any propositions at present.

I shall not take up the time of the House by en-
tering into BD historical detail of the wrongs and
injuries we have received from the different bel-
ligerents, from time to time. This has been re-
peatedly dooe in the course of the debate. The
injuries, particularly ofooe of the belligerents, have
been descanted upon with all the glow of the
most impassioned eloquence, and tbe whole cata-
logue of the aggressions of many years hare
been collected into a focus, for the present occa-
sion. We have not only had the full catalogue
of actual wrongs enumerated, but to these have
been added a great number of intentional injuries,
and we have ventured to penetrate into her vii:wa
and motives, not only in what she has actually
done, but in what, it has been discovered some
how or other, that she intended to do. The in-
juries of the oifaer Power have been commen-
ced upon more briefly, but some pretty suoog
lines of the picture have been exhibited to view.
Could we by the aid of a magical wand, or in
some other way, transport the rulers of Qreat
Britain into our galleries, to hear our debates, in
which they might have all theit political sins
brought to their remembrance, possibly it might
bring them lorepenCance,Bndweiaightsee theend
of our difficutlie:'. Could Bonaparte, and a few of
hisPrinces,Dukes,BndMinisiersor3taie, bemade
of tbe party, il mighi be worth while to fill up the
strong outlines which have been given, with Ihe

E roper coloring, if any hope existed that it miglit
ave a similar eSect. But all this would have
itlle to do with the discussion of the subject
before the House. The innuiry now is, not
what injuries we have received from one or both
the belligerents, from time to time, but what mea-
sures are proper for us (o adopt in ihe present cri-

.yGoogle

867

HISTORY OF CONOEBSB.

868

/brev** Btioiiona.

DaoBHsaK, IBOS.

'■is, ID order \o B««ure oar liberties and indepcB-
denee, and guard our mariijme and commerciBl
rigbo, affainai ibe present and future encroacb-
toents of both.

Nor shall I inqoire, with metaphyiicBl nicety,
which of the belligerents have dune ua the ifieat-
««t iojurf, or whose conduct bat been the moat out'
rageoua— that of Great Britain, in throwinz auch
obwIaclesinthewajrofourtradeiuFraneeaadthoM
European nations which are in Bllianee with her,
by her Orders in Council, as, taken in conaex-
ion with (be French decrees, amount to a pro-
hibition of all trade to that part of the conti-
nent of Europe which is under her control, while
the colonies are Iel\ open ; er that of France, who
interdicts all commerce with Oreat Britain and
her dependencies, and declares an American res-
ael which had been so much as visitod, or even
spoken to bf a Briiiah cruiser, to be a good prize,
■nd thenhipdenaiionalized; and inthe ezectttion
of her decrees, takes, aeqnesters, and confiscates
our vessels and cargoes, or scuttles and butusihem
on the high seas. I think it must be allowed that
there is a shade of difference, at leaat in the manner
in which the two naiions execute iheiraysleois of
■nreisiont. Oreat Britain ia, I betieTe. not in the
habit of confiseaiiag Tessels nnder her Orders of
Council ; at least, 1 have heard of but few com-
plaints on that subject. Nor will it be necessary
(o inquire which of the belligerents has done ua
the most acinal harm. It ts readily granted thai
Great Bniaio, on account of her maritime superi-
ority ia capable of doin? us the most injury in that
DBit in which we are the most rulnerable. 1 am
nowerer far from submitting to the accurscy of
. the calculaiioo of ^otlemen who tell us of the
( tlmost eouQiless millions she would put iolo her
0 wn coffers, as a tax upon the industry of the
T) oited States, in consequence of her Orders of
C* soncil. These ealeulaiions ste bottomed upon
th<9 snpposilion, that sales, as exteDsirelv as Ibr-
»( rly, might be made on the continent ot Europe,
tVt^er paying the tax or tribnie imposed by the
orders. Butisibisthe fact? IbelieretiM. Inde-
ptiideat of the Ordera in Council, the French de-
crt-^ amount to a virtual nmbibition of all eom-
menee to France and her dependencies; for what
pruilent merchant would send a cargo to France,
and what insurance company would underwrite
one, liitbleloeonSscetionon all the arbitrary, cap-
tious iionstrueiions of these decrees, and subject
to all the veiatioui proceedings under themT
These di>crees, as fortified by the Orders in Coun-
cil, amount rather to a prohibition of this com-
merce, than a tax upon it. A genileman from
South Carolina (Mr. Williahb) asked the ques-
tion somt dnys .sioce of a geotleman from Rhode
Island, (Mr. R. JiCKaOH,) at what rate of preroi-
am^a vessel could now he insured to Prance, sub-
ject to the nt\ of the British Orders in Council.
Meaning, as 1 supposed, to convey this idea, that
the whole risk was owing to the Orders in Coun-
cil. But, if it can be ascertained what the rate of
insurs nee would be if the orders should be re-

Cealed, while the orders continued in force, only
eiween thai knd the pteaent Me, wbaierer it

tribute on cargoes coming from France and her de-
pendencies, and bound to the United States. Ad-
mitted ; but few or do vessels can euter dnriog
the continuance of the present arstem : certainly
few will come out. ConsequenUy no creat sami
could come into the British coffers. But in cer-
tain eases we ere permitted to born oar property.
I have DO knowledge of this fact, only wbst is
obtained from statements on this floor. Admit-
ting it-to be florreot, it certainly must be much
wcrae than any of the proceedings of France.
The one gives us (he trouble and pain of burning
our own property ; iheolher, in her superior kind-
ness, takes that trouble off our hands, and kindlf
burns it herself.

I shall also waive, as foreign to the present
discusiiion, any inquiry whether our Administra-
tion has or has not discovered any sndue partial-
ities for or against either of the belligerents, con-
trary to that ri^id intpartiality towards nations
at war, which is the true policy of neutiak.
Mncb hat been said aboni a French party and a
British party in America. I would fondly in-
dulge the hooe that we all belong to an Ameri-
can party; for whaieTer may be our party bick-
eriucs at home, I think we can, at prcaect, hare
but few motives to attach us to the conduct of
either nation, as it respects us. As it respects
the cause for which the two nations are contend-
ing with each other, there may be an. honest
preference. But a, man who would cherish an
attachment to ahy foreign nation, to the preju-
dice of his own country, is one with whom I
have no fellowship; end I would be loth to im-
pute such a predileciion to anygeoileman of this
House. But as these things do not bear particu-
larly on our present subject, and would lead to a
wide field ofnnproGiable discussion, I shalUeave
them.

My remaining observations shall ba directed to
the system which has been adopted with a view
to extricate us out of (he difficulties in which we
have been involved, by the clashing interests of
the different belligereots. As a permanent part
of [he sptem, we are stared in front with the
embar^. I will not call it Mon*trwn horratr
dam. if^rtiu, ingetu, an lumen ademphtm ; I
will call it by its own proper name — Embargo—
that all-powerful engine of bloodless war, as it
has been called, whicn was to coerce the oations
of Europe into an acquiescence in our demands.
This embargo we are now told is almoat forfo*'
ten in Europe, at Irgui all attention to it is said
to be absorbed by the superior glare of pausing
events. But, my word for it, lialf a century
will not obllierate the remembrance of it in
America. It is (rue, none of the resolutions pro-
posed by the committee, at the close of tbeir re-
port, makes express mention of the existiog em-
bargo. Bui. ifl (be reasoniug of the committee,
this is mentioned as one of the evils out of which
we have lo make a choice ; for it seems, we have
onlv a choice of evils, and the resolutions seem
to be intended further to fortify (he d

.yGoogIc

869

HISTORY OF CONaEBSS.

Decehbbr, 1808.

Foreign Itelaliom,

H-opR.

After the len^by discussions wbich hare already
laken place, ii will be almost impoMible, ia di-
recting my observatioDs to this subject, la avoid
lepeatiag some obiervaiioDs already advanced.
Heie I nlust claioi the indalgeDce granted to

Id adrertia^ to the subject of ihe embargo, 1
■ball coQEider it— 1st. la respect to its coDstiia>
tioDalitjr ; Sd. in respect to iu expedieucy and
uiility, or ibe probability of its producing upon
foreiga oations auf of the coercive effects cod-
template d.

As it respects the coDstiiutionality of tbe em-
bar^, I am sensible that I tread on very tender,
delicate ground. I shall, therefore, endeavor to
step over ii lisbily. I am sensible tnat I shall be
met ia the threshold with iba opinions of our
conrts of lav, some of which have decided tbe
embargo to be Constitulional. 1 have a high
veneration for judicial decisions, and aia always
disposed to bow before them with becoming rev-
eieoce. Perhaps a perusal of the reasonings on
which these decisions were founded, would re-
move my objections. But never having had that
opporiuniiy, and knowing that such decisions are
not always infallible, for this plain reason, ihal
tbey oftentimes clash with each other j knowing
also, that aucit decisions, even with regard lo
your embargo laws, are not always relied oa as
the true construction,, bat a different cause has
been adoptetl for carrying their provisions into
execution; I hope I shall be permitted lo ex-
press my doubt* of the coDstitutionaHty of a law
imposing a permaaeat embargo. In wnat clause
of the Constituiioa is this delegation of such a
power to the Congreii of the United States, eitber
expressed or implied 1 Here it will be perhaps
necessary to beg pardon of some gentlemea for
using the term "permanent embargo." But I
cannot retract it. I know' that oeveral gentle-
men who voted in favor of the law, have de-
clared, on the floor of this House, that they had
DO idea of an embargo as a permanent measure.
So far as it respects their own inleniioos, I am
bound to give full faith and credit to tbe declara
tions of gentlemen. But supposing that every
member of the House was to express individually
on the Qoor that such wis his intentions, would
that alter the nature of the law? 1 believe not.
I have very little acqaaiutaoce with the modes
of procedure in courtsof justice; therefore I hope
Ibat, in what I am about to state, professional
men will set me right, if I am incorrect. But I
lake it to be a maxim of jurisprudence that, in
the decision of imparisnt canses, resort must be
bad (0 the best evidence the nature of the case
admits. An affidavit is coasidered ai an inferior
kind of evidence to that of a witness examined
ia open court. There are many cases in whicli
affidavits cannot be admitted, particularly in ciim-
inal cases, wheretife or limb is at hazard. But tbe
evidence of a solemn, public, regularly authen-
ticated record, is superior to parole testimony,
and caunat be shaken by' it, because it is a higher
and more conclusive kiod of evidence. Among
aUpuUic records, nous can claim a ihighei au-

ihorily thai) the sUlute book of the United Sutw.
Appealing thus to your statute book, Mr. Speak-
er, as to evidence of tbe highest kind, and find*
ing QO clause in the law itself which indioalc*
that it will expire by its own limitation, as ia the
case of temporary Uwe, I think I am authorized
to denominate it a permanent embargo. By thi*
I do not mean that it is itrepealable, or liketha
laws of the Medes and Persians which alter not.
Tha repeal of it, hpwever, is not within the eon*
trol of this House, ersQ atlhougb an unanimoos
vole should be in favor of the measure, and tha
circumstance ouy occur that it cannot be re-
pealed by both branches, without the eoncar-
reoce of two-thirds of each in favor of th«

In the eighth section of the first article of tbe
Constitution, power is given to Congress to regf-
ulate commerce with foreign nations, between
tbe several Slates, and with the Indian tribes, la
the ninth section of the same article, Congress ia
expressly prohibited from laying a duty or tax
upon the exports of any State. And in the tenlb
amendment to that instrument, wbich has been
ratified by the several Siaieii so as to become
part of tbe Constitution, we find it slated, t bet
the powers not delegated to the United States by
the Constitution, nor prohibited by it to the Statei^
are reserved by it, to the Slates respectively, oi
to the people. Confess may regulate commerce.
If a power to interdict or annihiraie commerce, ia
A necessary appendagB to the power oF regular
lion, then, it must be confessed that Coogre«
possess that power. But, Mr. Speaker, suppos-
ing you should hand your watch to a proper ar-
tisan, in order to have it regulated, and he should
dash it to pieces in your presence, would you call
this regulating 1 I believe not. But might be
lot plead in bis justificaiion the constnictioB put
upon the power vested in Congress, by tbeConstH
tu[ion,to regulate commerce 1 Supposiog tbee{>
fait did not proceed that length. Supposing be
only removed the mainspriog, and laid it aside,
to consume with filth and rust, and told you that
he would replace it egain, and reduce all the
wheels into order, so as to make it an excetlent
watch, on tbe happening of certain events entirely
without his own control ; would that be consid-
ered as a legitimate appendage to his power of
regulating? I believe not. But could be ntd
prove that he possessed this right, by the con-
struction put upon the Constitution of the United
Stales ? Congress is expressly prohibited by iba
CoDsiiiuiion from laying a duty apon exports, to
the amount of so much as one single cent. Can
it be supposed ibsl the same instrument contain-
ing that prohibition should, upon any princi|dea
of fair construction, authorize the total interdie-
tion of exports t Supposing that an express ar-
ticle fur the purpose of empowering Congress to
interdict all foreign commerce, say for one, two,
or three years, or permanently, had been agitated
in the Convention which framed the Consrita-
lion ; can it be rnpposed ibat that body, tremtK
liogly alive lo all encroachments, either open
personal liberty or State rights, would have ai^

.yGoogIc

871

mSTOKT OF CONGRESS.

872

Fmvign RelalUmt.

Decehber, 180S.

««]«d to iueh BD ariicle'? No, it would have
been ipuroed wilb conlenipl, bi CDOtaiaiDg. not
the mere germ, but the very quiatesseace of dex-

rieta i and no idea, was, I Inisi, then enterlamed
what far-fetched cODstruclioD, a justification
ofsoeh a measure would be aiteoipied hereafter.
Wbai would be ihoaghi of an imerdict U|>an

ullare? Would any person suppoae ihi

reM poaiess Ipgilimaie poweri to «av to ''

iDbelilania of any one dlitTicI, you sfasll ht

S.nm

afier abslaia, either permaneotly or during the
pleasure orilie GoTernmenl, rrom plowing, sow-
IDf, rtapiagj A,c. Is there any pereOD who would
attempt to jaitify the issuing of such a mandate
on Cansiitoiional grounds 1 I beliere not. But
commercial pursuits are equallylawfui and laud-
able with sgricuhure.aad ilie merchant is equallr
entitled lo the fotterinK care of OoTernmeal wild
the mau who cuIiiTfiies the soil. Nay, were it
not for ■ market for surplus produce, and fur the
reception of such articles in return asarefuriiish-
•d by (he merchant, where would be (he prosperity
of agriculture itself? The farmer would be de-
prived of the most powerful stimulus to inilus-
liy. A eoQtroTersy between (he merchant and
Ike agriculturist would, pretty much, tesembie
the controrersy iu the fable between the bands
and the feet on one side, and (he belly on (he
other. Withdtaw (be support frotn the latter and
all the members will languish.

But waiving any further consideraiian of the
eoDstitutionaliiy of the embargo, I take it for
(ranted that it is, on all hands, allowed lo be a
great evil in iiaetf. It can gntybe endured in the
expectation thatitwill be the means of procuring
aome great future good, or for the take of avoid-
ing a still greater impending evil. I shall not
cmisider itacompHralively greater pressure upon
on* part of (he United Slates than another. I
ahall make no comparison between Northern,
Southern, or Middle States. All I believe find
ita preiiute (o be suOiciently hard, t shall not
pretend to gay that it b^ari harder on that section
of the country which I bave (he honor lo repre-
aent, than it does unon other parts. [ believe it
doe* not. Althongn it is very sensibly felt, yet,
in > district inhabited principally by farmers, set-
tled on small plantations, enjoying a tolerably
fruitful soil, which yields a conipe[ency lo the
hand of industry, and where domestic manufac-
tnre* are probably as far advanced as in most
places, we can bear it as long as our neighbors.
1 presume il is much more distressing on our sea-
board. 1 wish to consider it as affectine tbe
whole, and there are two points of view in which
it presents itself:

Ist. As a measure of precaution as it respects
otiTs elves.

2(1. As a measure of coercion in respect to
the different belligerents agaioii whom we have
caasea of compiaiiit.

In both these points of view 1 shall attempt
consider it. As a precautionary measure, i
are told that it has preserved our ships and st_
DMD, and an immense property, which I think
the chairman of (be CommiKee oo our ForeigD

Relations esdmated at upwards of one htindred
millions, that would otherwise have fallen into
the bands of the enemy.

As it respects our ships, if their laying at our
wharves at the annual loss of seven or eight mil-
lions, (he estimated amount of freieht alone, while
(he dedey is qnite as great, probably greater, (ban
if they were wafted over every part of the Union,
can with propriety be called presetvadon — so
f^r as the loss by capture would hare been greater
than (ha( occasioned by (heir preseat inaction and
decay, their preservation may be ascribed to iha
embargo.

As it respects the preservaiioDof our seamen, I
doubt the fact whether they may be al all consid-
ered as preserved by this measure. Our senmea
have disappeared; and it is the opinion of men
possessing favorable opportunities for information,
thai if (he embargo was now raised il would be
with the greatest difficulty that seamen cnuld be
found toman half oursbips. Not only bave Brit-
ish seamen, who were cloaked under fraudulent
American protections, deserted our shores, but
many Americans have migrated with tbem. The
correctness of this fact I God disputed, particularly
by a gentleman from South Carolina, (Mr. Wtw
LiAua,) who has made a very high encomium on
the patriotism of American seamen. They are
now, says the gentleman, in the bosom of their
country; the moment their servicerare wanted,
they will flock to your shores. No doubt, some
are in this situation. But I seriously doubt, whe-
ther their number would be sufficient to answet
any sudden emergency. Many of our seamen
have no other means ofsubsistence than the ocean,
and, having always been accustomed to that mode
of life, are unfit for any other species of induslrv.
You may as well change a carpenter into a watch-
maker, as transform a sailor into a cultivKor of
(he soil. Deprived of (heir customary means of
support by an exclusion from the ocean, they
have no atiernaiive left, but either to beg or com-
mit depredations on the property of others. Their
spirits are too- high to brook the first, and their
honesty proof against the last. I make oo doubt
but the patriotism of American seamen is equal
10 that of any other seamen in the world. But
tine Cerere el Baceho friget Vtnua, saitb the
poet. Put this into plain, homely English, and
apply it to patriotism, i. e. without sometbing (o
eat and drink, aye, and something for clothing
too, patriotism will soon cool. Mere patriotism
will be found worse than mmp maigre, or water
gruel, lo nalisfy the cravings of hunger, nor will it
clothe the naked. It will not (raosform your sail-
ors into chameleons, and enable them to live upon
air, it is not then justly a matter of wonder, if
many of our seamen — deprived of subsistence by
the operation of your laws, in the only way to
which they have been accustomed to obtain it,
should seek that employment and support in a for-
eign country, of which they are uojastly deprived
in their own ; the whole weight of their pairiotism
(o the contrary notwithstanding. Our system is
at least of this advantage to the British naiion:
: they obtain our seamen without either the troa-

.yGooglc

HISTORY OF CONGRESS.

871

Deoeh IBB. 1803.

F\treigrt JtetaiioiUt

H. or R.

ble or odiam of ImpreMment. I will suppose ihe
patriotism of ibe gentleman from Soutb Carolina
equally warm, equally glowing with thai of any
other geDiIcmea in this House, perhaps in this
DRlJOD. But supposiag Glovernment should ia-
lerdict the only occupation by which he could
gain a subsistence, and by aa act, of which be
could neither lee the necessity, (he justice, nor
the policy, reduce him to the situalioo of matting
the choice between begging and emigration ; bin
lore of couDtry would cool. And as I find he
sometimeiquoies scripture, T shall take the liberty
□t suggeEiting a passage which would, in such a
stale of thin^. probably occur to his mind : ''if
they persecute you in one city, flee to another."

As to properly supposed to have been saved by
Ibis precautionary measure. This has been, 1
believe, slated by the chairman of the Commit-
tee on Foreign Relalians to amount to more than
one htmdred millions, equal lo the total of our
expons of both foreign and domestic articles for
ODE year. But predictions, permit me to say, of
what might have happened in a different state of
things, are but little to be regarded. That proper-
ty to ■ limited, amoant may have been saved, I

00 not dispute. But so far as we can ground our
calculatjous on matter of fact, the amount is
greatlyoTerrated, probably one thousand percent.,
or ii may be more. Our valaable India ships
which were at sea, and exposed to the ravages
both of the British Orders of Council and the
French decrees have, I believe, escaped capture,
■Dd relusned in safety, as well as many other ships
of different descriptions, and many that chose not
to reiuro, in order lo keep out of the clutches of
Ihe embardo, still navigate the ocean i a safety.
But, as their safety will be ascribed to their sail-
ing under odious and detestable British licenses,

1 shall leave them out of the account, and men-
tion another description of ships. I mean such
aa have sailed by special permission of the Presi-
dent of the United States. 1 have heard no par-
ticular complaint of vei>sels of this description,
and if the business had not been found lo be

far are we, therefore, from having saved property
and shipping to immense amouais by our embar-

So, that t ihiok it quite problematical whether,
ad commerce been permilleJ to lake its usual
course, the United States would not have been
richer at this moment than ibey are by the course
we have adopted ; the whole amount of captures
<o the contrary notwithstanding.

Asa measure of coercion, which, as appeared
from the declarations of the advocates of the

law, V - -

Great

spent its force, and has completely failed. It
appears that we have entirely overrated our
importance boib lo Europe and the West Indies,
■nd that the idea of starving them into a dispo-
siiioa to respect our rights, is wholly visioa-
ary. We were lo starve the West Indies, raise
insurrections among the British manufacturers,
and to compel them lo grant ua peace on our

own lerm^ aod also to compel Frttnee lo re-
scind her obnoiions decrees. But after a whole
year's painful experience — I say painful, on onr
pari— what has It done? Has it starved the
poorest negro on the poorest planiaiion in the
West Indies? Has it eitorteil a single conces-
sion from either of the belligerents? If you can-
not starve a man to death, or at least bend bim
lo your wilt in one year, I shall not faesiisie to
pronounce that man to be ever hereafter proof
against siarvation. What do the belligerenii do?
Afier tendering the offer of repealing the embar-
go to the British Government, as an equivalent
for its rescinding the Orders of Council, what
are we told? The sarcastic British Secretary
tells us, it is a mere municipal regulation of your
own, in which we have no right to interfere, nor
have we made any complaint. He tells ni " that
' His Majesty would not hesitate to contribnte,
' in any manner in his power, to restore the com-
' merc^e of the United States to its wonted acliv-
' ity ; and if it was possible to make any sacrifice
' for Ihe repeal ol the embargo, without appeat-
' log 10 deprecate it as a measure of hostility, he
' would gladly have facilitated its removal aa a
'measure of inconvenient restriction lo the
' American people." Whatever may be our
opinion of the pity expressed, all must, I believ^
feel the force of the sarcasm.

From France, it is said, we have received no
answer to a similar proposal. That we have re-
ceived DO direct or explicit answer to a comma-
nication made oo thai subject to the French
Government, hy our Minister at Paris, is readily
admitted, and that for the best of all possible
reasons. I do not Hnd, from any document in
the possession of the House, that any such direct
application has ever been made. But that we
have received such a virtual answer as must
carry conviction to every rnlnd so forcible that
he who runs mav read, is, 1 think, evident from
Ihe general complexion of the correspondence of
our Minister at Paris, particularly from his letter
of August 2S, 1S08, printed io our public docu-
ments. If from the knowledge he had of the
temper of that Court, he either dared not make
the applicatioi) direct, or was fully persuaded
that to make it would be not only fruitless bat
injurious, no further answer was necessary.

Other evidence is also before the nation, wbicb
clearly shows the light in which our embargo ia
viewed by ihe Emperor Napoleon, Newspaper
evidence, it Is true; but evidence, the authenti-
city of which has not, that I know of, been called
in question. I allude to the report of ooe of the
Ministers of State, whether of exterior relationa,
war, marine, or finance, I do not now recollect,
in which he compliments our dignified retire-
ment by means of our embargo, in a manner
rather warmer, and manifesting greater interest
than I would wish to see io the agent of a foreign
Government. Had the embargo been a measure
which His Imperial Majesty Napoleon wished to
have removed, because disagreeable to him, what
Minister is there under his control who dare to
make such a report 1 No, it rather appears thu

.yGoogle

675

HISTORY OF OONGRBSB.

876

H. OP B.

Foreign Relaiiont.

Decgmier, 1806.

he Tiews ii as a measure not at all hostile to bi
views. 1ml a* calculalfd to aid hla eysieni of
bomblin^ the naval pride, and destroying the
conimercial luperiorily of Great ^itain. Bring
up the noQ-iniercourse to the aid of the embargo,
aod we more fully meet the wishes of Napoleon,
«Dd second, in the only way, perhaps, within our
power, his views of univettat domination. If the
embargo, then, during the space of one whole
year, in which it has been in operation, ac
which it must hare spent its principal force, as
it respects foreign natiuns, lias had no coercive
effect upon either of (he belligerents, what pros-
pect is (here that it will have any such effect in

But, aay gentlemen, this effect bas been hith-
erto defeated bv evasinns of the law, by which
partial supplies have gone out, and by the clamor
which bas been raised aeaicst it by a factious,
discontented minority. Only let us persevere
with steadiness, and make it maniiest lo (he na-
tions o{ Europe that we will adhere to our sys-
tem, and enforce it with such strictness as to pre-
vent evasions in future, and ihoae who have in-
jured us wilt yet be compelled to abandon the
f round they have taken. Foreign nations have,
itberto, flattered themselves that the United
States would rela*, therefore they have nerse-
vered. As soon as ibey are convinced of their
mistake they wijl recede. Here let us notice
consistency of gentlemen. Onewhile the o[ , .
ters of the embargo are a very small, a very in-
considerable minority. Nineteen out of twenty
at least were, last winter, staled to be in favor of
the measure. Strange, (hat such a small, incon-
liderable minority, and those, of course, com-
posed of the most worlhleKs part of (he commu-
nity, should all at once become so powerful and
influential as to defeat the effect which (he wise
measures of Government were calculated to bave
upon foreign nations. There is the proclamaiion
of (he President of the United Slates, slating
that, at an early date, the ordinary proceedings of
our courts of justice were insufficient to carry
the law into effect. The proceedings in the
Legislatures of several Slates, uome in slopping,
and others in atieiopiing to slop suits at !aw for
the collection of debts, on account of the pras-
Bore occasioned by the embargo. Have we any
such evidence as these that (he measure bears
hard upon foreign nations? No doubt your em-
bargo laws have been evaded to a certain eilent.
Prooahly they will continue lo he evaded, in
apite of all the vioilance of Government. Prob-
aoly the loudest declaimers in favor of the sys-
tem bave had (heir full share in these evasions.
Perhaps these statutes may be carried into com-
plete effect ; but, perhaps, ii cannot be done with-
out the prostration of^your liberties. It is im-
possible to impress upon the minds of the peo-
ple at large (hat the same degree of moral turpi-
tude is attached to the violation of such laws as
your embargo, which they feel at the violating
of statutes wfiich, by the commoo consent of
mankind, are at all times and in every change of
I, calculated for the well-being of

society. In proportion as penaltiei are multi-
plied, and increase in severity, public pity to-
wards the sufferer will be exciieJ, and indigna-
tion will be roused ngainst the law itself.

Need I remind gentlemen of the majority, of
the sedition law? Whenever a crisis arrives in
which the good sense of the virtuous part of the
community is not sufEcieni to aid the civil power
in the ezccuilon of your laws, and it is found
necessary lo have recourse to the mililary. I shall
tremble for the liberty of my country. I hope
that, so long as (he law is in force, it will be exe-
cuted, and will be productive of no canvu!<ioB.
But, should it be necessary to resort to a. military
force to execute our laws, in our Republican
Qovernn^eot, it would mucn abate the pleasure
and pride which 1 feel in being a citizen of a free
country. Nothing can, iti my opmion, have a
greater tendency to defeat the effect of your laws
upon foreign nations, and impress upon them tbe
belief that we cannot long submii lo (hem, than
a knowledge of the means to which ii is found
oecesnary lo resort in order to carrv tbem into
execution. The execution of your laws has al-
ready been written in blood, and it is probable
(hat It must soon be eiaioed with a deeper crim-
son die. Thishlood will call for vengeance some-
where. From the measure still contemplated to
carry ihem inlo effect, I turn with horror. Look at
the hill on your table, now pending before the
Senate ; look at (he leiier from the Secretary of
ibe Treasury, proposing ways and means for
their more complete execution with the whole
apparatus of sunboals, revenue cotters, standing
troops, &<i. Foreign nations are well actjoainted
with the nature and genius of our Government,
as welt as with the attachment of our citizens to
pergonal liberty. It is not, therefore, to be wow
dered at if they should harbor an opinion, that a
system savoring so strongly of despotism could
not long be submitted to by a free people.

But while we think it strange (hat foreign na-
tions should be so unwise as to calculate' on our
receding, let us reverse the picture, and see upon
what kind of evidence it is on which we calcu-
late (hat the pressure of our embargo will be so
great as to compel them to abandon their orden
and decrees. A speech made in favor of a peti-
tion against the Orilers in Council; a pamphlet,
written by a popular opposition member of Par-
liament, deeply concerned in the American com-
merce and funds; extracts of private letters from
several places in Great Britain; paragraphs of
Dews, staling some advance in the price of cotton.
□T that flour is high in some part of the West
India islands, or the account of an insurrection of
a score or dozen weavers in Maochesier, are
caught with avidity and considered as evidence*
strong as proofs from Holy Writ that Greai Brit-
ain cannot much longer alhere to her orders, al-
though, perhaps, a fair balance might be struck
— 'rooting letter against letter, pamphlet Hgainst
phlet. Does this appear anything like eri-
:e on ihe subject? Bui, of late, we are laid
of the failure of the crop of wheat in Great Brit-
' 1, and this, it is thought, will work wonders id

.yGoogIc

HISTORY OF CONGRESS.

878

DlCEMUK, 1808.

Fbreign Reiatiota.

H.o

our faror. Oa ihis subject, I illude lo do secret
connnuaicatioDs submiLied lo CoDgres*. I shall
be cautious bow I tread on that ground ; I allude
to oeiri communicated in some of our public
prints, aod verbal iDformatioD received from a
geallemao of this District, who speol the prioci-
pal part of the last Summer iu Qreai Britaia.
Other gBDitemea hare recei?ed letters from cor-
respondenli, perhaps equally well informed, of a
different compleiloa. Perhaps both accounts
may be correct, so far as they go. It is by do
meaus uncommoQ for crops to fail pariLally id
some districts la a country, and be abundaot in
otbeta. But, adniiting the report of a failure to
be true, in the fullest exleot, would the repeal of
our pmbargo graut them such relief that, Id order
to obtain it, ihey would be compelled (o relin-
quish what was viewed to be a gr«at natiooal
measure? Bya statement to which I have had
access, and which I belicTe to be mainly accurate,
I find that the greatest exportation of wheat and
Boor from the United States, amounted, in one
year, to within a fraction of one hundred and
sixty-eight million pounds of floor. The popula-
tion of Great Britain and Ireland, includine the
navy, ii estimated at about sixteen and a half mil-
IJODS of louts. Allaving one pound of flour per
diem to each person, the whole quabtily we could
export would afford a supply of bread but for lit-
tle more ibao tea days. Considering the neces-
sary waste in that article, this would nol be an
eitrsTagant allowance. How great arplief from
the honors of famine would a supply of bread
for ten or eleren days afford 1 Twenty or thirty
days, at short allowance, would make up the
balsQce. Soeb are oar means of coercion ia the
article of flour.

I will now go upoD (he suppoiiiion that our
embargo is about to be carried into complete ef-
fect, aod that we can shut ourielves up so close,
that DO article whatsoeter cao escape from our
pons. Let us inquire whether there would then

that firmness in faror of a system is equal od
bolb aides of the water. This compatisoD will
reader its coercive effect problematical at least.
Id our embargo system it is necessary to keep ia
riew two thiogs — its actioD upon the different
beliigerenis, and its reaction upon ourselves. I
think it to be a sound posiiiou that the European
world, taken in connexion with the West Indies,
must be of more consequence to the United States
than the United Stales can be lo any one Euro-
pean nation. There is no one nation bat what
can do better without us and our commerce than
we can do without the whole commercial world.
Of eonrse the reaction of our embargo upon our-
■elves must be stronger than its action upon any
Dlber nation. Supposing it. then, to act upon any
one European nation, say either France or Qreat
Britain, wiih five degrees of force, and react upon
ourselves with twenty degrees, instead of hum-
bling other nations, and bringing them to our
feet— if you choose that phrase — w« will teach
them to do without us, and must, in the end,

shrink from the unequal con test. The gentleman
from South CarDlioa(Mr. Williahb) has said,
not that the existence of the West Indies, (for it
appears thai, afier a year's experience, ihe idea of
absolute starving is pretty much given up,) but
the pro fiiuble existence of the West Indies, as it
respects Europe, depends upon supplies produced
from this country, and be has instanced the arti-
cle of lumber, an article of indispensable necessi-
ty to the West India planter. As the West Iti-
die$ have been in the hahit of obtaining supplies
from this country, no doubt hut a temporary in-
convenience is fell i but the bitterness of tbis, I
should suppose, to be in a great measure past. Is
there no other country from which these articles
for the West India market can be procured ? May
ooi the hiiherio but partialty explored forests of
Canada aod Nova Scotia afford, at least, a partial
supply 1 Where is the vast Continent of Amer-
ica subject to Spain, many parts of which are so
contiguous to the West Indies 1 Does that coun-
try contain no ibrests affording lumberl As the
soil of that country is fertile, and the climate
adapted to the raising of a great variety of pro-
duciious, nothing is warning lo ibat country but
industry and more extended cultivatioo, to enable
it to supplant us entirely in the buiiine'ss of fur-
nishing supplies for the West Indies, and that
want the continuation of onr embargo will sup-
ply with rapidity. But the gentleman says that
he would rather burn all the surplus cotton, rice,
flour, tobacco, &c., than export it during the pres-
ent state bl things ; and that such a me&sure, by
showing wa were determined to persevere at
every hazard, would soon bring the belligerents
to their senses. I admire the spirit of the gentle-
man, without subscribing lo the correcloe^s of
the opinion. lu some eases it is a gooii rula for
a man to judge another by himaelf. When that
gentleman feels a spirit spurning at coercion
glowiug in his breast, it will, I should think, lead
him 10 suppose that a similar spirit, spurning in-
dignancly at our coercive system, may glow ia
the bieatitE of the iobabiianCs of that country,
which is ihe land of our forefathers' sepulcbrea.
If, iben, a determination to submit to partial and
temporary inconveniences rather than be coerced
to abandon measures, which eiiher a sound
or mistaken policy lia$ led them to adopt, be ^
equally strong in the inhabitants of both coun-
tries, and ihe embargo system reacts upon our*
selves with much more force than it acts upon
either of the nalioas we would wish to affect by
it, we must be Ihe principal sufferers in this kind
of warfare. So far am I from believing that we
can coerce either Great Britaia or France b^ our
embargo, it is my decided opiniuQ that, if we
keep it on Uotil either one or both these nations
become our humbie petiiioners to remove it, we
will keep it on forever. Great Britain, in partic-
ular, might ihen calcohte on enjoying the com-
merce of the world unrivalled.

Having examined what consequences may
reaaooabFy be expected from our embargo as ■
measure to coerce foreign nations, it is time now
to lake a glance at some ofits most obvious effects

.yGoogIc

HISTORY OF CONGRESS.

H. or a.

Foreign Relatum*.

Decembbr, 1808.

upon ourselves, especially if its durilioti should
be much ioDger proimcted. And here permit m
to consider what I view lo be ils bearing, ac
merely on our preEeul but our future commerci
At present we Fee it prostrated, ind tbe dinger i
that it will be destroyed, past alt hope ofreTiva
Another gentleman from South Caroliua (Mi
Tatlob) has represented the embargo to be si
act of kinduess lo our merehants, in preserving
them from destruction. Congress has acted to-
ward them (he part of a kind, indulgent pareot,
ID preaerTJDg Ihem from ruin. I believe thai
gentleman to be a friend to the mercantile inter-
ests of the country. He is iocanable of utierioe
a sentiment of that bind, which he does not feel.
But I fesT that, is this iostance, his tenderness
for merchants and commerce will prove too inuch
like tbe kindness of the ape for her young, who,
out of mere tenderDess and afTeeiiun, squeezes
them to death. In one point of view, commerce
may be compared lo a virtuous young lady whose
esteem may be acquired and preserved by kind-
ness and aiteuiioD, bul when once her esteem ii
forfeited aod her confidence lost by itnpropeT treat-
ment, it can hardly be regained. The Arneriean
commerce, although very extensive, yet, as to ace,
is but in ils infancy. Handle it a little roughly,
&Dd it may be banished forever from our shores ;
for when once it is directed lo other chi
may be impossible to bring ii back to its old
course. The history of commerce, since its revi-
vaA in Europe, is in point. We have seen Flor-
ence, Venice, Antwerp, Brussels, and other pli
Id the Netherlands, in their turn, the emporiums
of foreign commerce. More lately Hollaod, and
atill later Qrest Britain, have been places where
commerce was most flourishing, but we do not
Bnd that when once commerce had forsaken or
been driven from a place, that it has ever re-
Were it not that gentlemen appear to hare so
great an aversion to reckoning by dollars and
cents, I would also make an observation or two
Upon its consequences with respect to our reve-
nue. This has, however, been done tome time
ago, in a manner, which, to roe, appeared unao-
■werable by the gentleman from Virgiais, (Mr.
Ranoolfh.) Indeed, I hare heard no »aber an-
awer attempted, but abundance of declamation
about patriotism, love of country, as superior to
all calculailoni, .spirit of 1776, &,e. But, would
it not be well enough, here, instead of all this
unmeaning declamation, to have a little cool mat-
ter-uffact calculation. However the contempt
of dollars and cents may be a popular theme for
declamation, yet. in a national point, they will he
found to be far ti'om ao unimportant as they are
repreaented. We are said to be on the eve of a
war. I fear this may soon prove to be our real
BJiuatioQ. Are we lo suppose that patriotism, or
tbe spirit of 1776, so much' talked of, of late, will
raise, clothe, march, and support an armyl Or
can the wheels of Qoveroment be kept in motion
without the aid of dollars and cents 1 Where
sEall we get a supply in future, if the embargo is
to be continued, and followed up with the pro-

|i09ed oon-intercourieT There was something I
observed by ihegeniieman from South Caroliaa,
{Mr. WiLLiAUB,) which i did not hear, and
therefore only know, by report, about the extent '
to which our embargo, by cutting off supplies
from the West Indies, would affect the British
revenue, which, I understand, he estimated at oae
third of tbe whola amount. This, he considered
as a pressure she was ill able to support, and
would probably oblige her to relax her orders.
That it would affect the British revenue to half
that amount, remains to be proved. But can the
gentlemen tell to what an extent a continued sus-
pension of commerce would affect the revenue of
the United Slates? More than abe-third, more
than two-thirds, and, 1 believe, more than four-
Gftbs. Bui, tve have fourteen millions in tbe
Treasury. Very wellj a full Treasary is a very
good ihitig. But, how long will tbil sum carry
on a war, and defray the other necessary expense*
□f Govrmment 1 We are playing the part of the
boy in the fable, who had ine hen that laid the
(•olden eggs. We have got gulden eggs in our |
Treasury, but, with some want of foresight, we
are strangling the ben that lays them from day
to daf . Shall we resort to direct taxes? The
experiment has been tried, with what success is
familiar to the House. But we must be sensible
that, if obliged to resort (o that expedient, during
the conliouance of the embargo, it must be under
circumstances much more disadvantageous than
formerly; for, during the entire suspension of
foreign commerce, which is the only channel
through which we arc furnished with a circulai-
dium, where is the farmer or planter, i*ho
market for his surplus produce, to obiaia
money to pay bii taxesi and the very name of
loans has of late been so very odious that no man,
1 conclude, would think of applying to that re-
And even this resource would soon be
dried up by a continued embargo, for where will
be (he funds to support public credit, in order lo
facilitate tbe procuring of loans 1

next view the consequence* of the sys-

it respecls our liberties. la no way are

the liberties of a people more endangered than by
clothing a Chiet Magistrate with new, unui.ual,
or unconstitutional powers. Here I am far from
intending any reflection, either upon our present
Chief Magistrate, or upon the present Secretary
of State, who is I suppose the Chief Magistrate
elect. I only observe, that the more papular a
Chief Magistrate is, the more daugerous it is to
vest him with unusual powers. A precedent
iturally {rrows out of it, and power once dele-
gated, is with difficulty resumed ; and that which
' Irsi a temporary benefit becomes at last
ible evil. Such were tbe consequences
of the Roman Dictatorship. When Cincinnatus
was brought from his plow to be invested with
the office of Dictator, and returned to his plow
'igaiu after he performed the requisite service for
lis country, the Romans experienced no incon-
'enience. But under a Sylla, a Mariut, a Pom-
,iey, and a Cassar, tbe city, as well as the faired
provinces of the republic, were deluged in blood,

.yGoogIc

881

HISTORY OF CONGRESS.

Dbcbhbek, 1808.

/bre^fti Rdaiimu.

H.(

shpd in civil wars; multitudes of the most dis-
tiDjcuished cicizcDs destroyed by proscriplioDs
and roassacrea, and a set of moDsiers, under (he
name of Emperors, succeasiveljr swayed tbe scep-
tre over a degraded and enslaved people. An-
other instance ne have in point of Ouslarus
Vasa, or Guscavus ibe First, of Sweden. He
was the Washington of Sweden, who, after de-
livering bis country from a most cruel bondage
and vassalage to Deomark, was constituted first
Adminisiraior, and afterwards King of Sweden.
and at length cloihed with atmcst uoliraiied
power. The virtuous Oustavus was the father
of bis people. The Swedes were happy under
bis governipeot. But his sou, cloihed iviih the
lame amhority, proved an odious tyrant. It will
DOI be a sufficient pledge to assure us that we are
out of danger, to say that we are underagovern-
ment of laws and not of men ; for if I am to lose
life, liberty, or property unjustly, it makes but
little diflerence to me wbeiher it is by the man-
date of a Nero^ ot the law of a Draco.

But it is said by gentlemen, that if the embargo
were now removed, our trade is so resiricied by
tbe belligerents that it could amount to Utile or
Doihtii£. We cannot go to France, There is do
place lo which we can go without being inter-
dicted, either by the decrees of the one, or the
orders of ihe other. This was some time ago
particularly insisted upon by the Commillee of
Foreign Relations. But the observations of a
ffentlemati from Virginia (Mr.NEwrON) are more
fresh in my recollection. He in a very particu-
lar and elaborate maaner, took all our commerce,
one piece after another, and filtered it bH away
to nothing, proving that we bad no commerce at
all left which deserved the name, which we could
pursue, even if ibe embargo were taken off. This
M a pitiful and degraded siiualion ; and, because
wecannot go everywhere, we submit to toe degra-
dation and say we will go nowhere. I shall not
attempt to follow the gentleman r through his
minute and elaborate investigation of the anoi-
bilalion of our commerce. I shall barely observe
tbat if his view is a just one, it contains one of
the most powerful arguments which could be ad-
vanced for the repeal of, the embargo. If we have
no commerce, why keep a law in force to restrain
il, which requires so much irritaliool Our mer-
chants are generally so eagle-eyed in what re-
spects their own interest, that if they can find no
commerce worth pursuing ihev will embargo
themselves. Why not suffer them-lo manage
their own affairs in their own way % Why pass
one taw iifier another fortified with such extraor-
dinary provisioDs, to emKargo- that which is said
to have no existence 7 There seems to be a man-
ifest absurdity in this kind of legislation. I am
far from believing ibis view of the slate of our
commerce to be a just one. I believe that we
have much profitable commerce left, and com-
mercial men would sooa explore imnortanichan-
nels. I felt the justice of a remark made some
days ago by a gentleman from Rhode Island, (Mr.
jACKBOtf,) that commerce was like waler^ which,
if left to seek iu own course, would find lu level,

< during a

and if left to regulate itself, articles would alwayx
find their waf lo places where they were wanted
for consumption. And it is the opinion of com-
mercial men of good informaiioo, that, were it
not lor the existing embargo, although our com-
merce would not flouri.-h as it had done during
the wars in Eurone, we might still have as much
of profound peace. May not
pared to water in another re-
spect ; that when forced by violence lo seek a new
channel, it is with difficulty induced back again
to its old course? This is an object worthy of
the attention of the cotton planter in particular —
a iiaple which is mosi unquentionably the most
valuable to the culiivaior of all our American
exports. Were cotton produced nowhere but in
the United Stales, we migbl easily starve the
market. But, as il is the natural production both
of Asia, Africa, and South America, as well as
the West lodies, by wiihholijing lhei.e supplies,
which lie perishing on our hands, we encourage
the culiivaiion in other countries, and leacb the
consumers lo explore new channels for a supply.
In this way a market may be irrecoverably lost.

But in this case we must go to Great Britain
or France, and that would be degrading submis-
sion j it would be base and dishonorable. 1 con-
fess I have not at all that nice sense of honor
which some gentlemen speak of j nor can I see
eiihec' degradation or submission in some thinga
which so sensibly injure their feelings. I have
often beard it as a maxim, that there is no ftiead-
ship in irade. So fully am 1 impressed with its
truth, that were your embargo law removed — for
I would not violate that— and we not in actual
hostility, had I on hand & cargo of rice, cotton,
&our, or tobacco, 1 should have no scruple iu
selling it either to an Endinhman or a French*
man at a fair and hooorebre price; I should con-
sider myself as doing him oo particular favor,
much less as submitting to him at all.

Although none of the resolutions presented fur
our acceptance by the Commliiee of Foreigu
Relaiions refers, in express terms, to the embargo,
yei I considered myself as not matetiaily devi-
ating from the subject before the House, in being
ihus particular io taking notice of it, because the
resolutions, particularly the secoitd, form a part
of the same system ; and, because, in the dilem-
ma in which we are placed, in the opinion of the
committee, this is one of the evils out of which
we are necessitated to make a choice — for it seems
we have only a choice of evils. War with both
nations, submission, or a conliouaoce of the pre-
lept suspension of commerce; and the second
resolution in particular is to come in, in aid of the
existing embargo.

A lame submission is justly considered as out
of ihe question — a measure which nobody advo-
caie*. War with both nations, or with any two
nations animated with sentmients of the most
deadly hostility against each other, is a novel
kind of warfare, and I am apt lo (htnk an abso-
lute new thing under the sun, the discavery of
which has been reserved for the Committee of
Foreign Relaiions. A menacing ailllude may

.yGoogIc

HIBTOKT OF C0NQKE88.

H. OpR. Portign ttetatumi.

perhaps be kept up against two nttionn «t wir
with eich other; or, two natioos at actual war
may make neaee, and then unite to give us a
drubbinif. Bui while ihef eonlioue to be at war
with each oiher, let us be eT«r so fond of Gshting,
wecFtnoot be at war with both if wb try. No, the
moment a war lakpa place with one, wo are vir-
toally, if not aelually, in alliance with the^lher.
Make war with GreHl Britain— attempt the re-
daction of Canada, for instaoce, and Bonaparte
will immediately tender you the homage of his
high coDsiderstion, and will praise your spirit as
warmly as he now eulogizes your dignified re-
tirement. And although, on account of the in-
eivjliiy of the British fleet, he may not he able lo
send an army to your asiistance, yet if oue of
your ships can fight its way to hjs shores, she
may do il in saftiy, with the hazard of either
seqaeslratiuD or capture. And on the other hand,
I^Tanl letters of marque and reprisal against
France, and you will find no more trouble from
the British Orders of Council.

With respect to the resnlutions presented by
the Committee of Foreign Relations, I considered
ikat one which has already passed, as of little im-
portance, either one way or the other. Consid-
ered as a kind of political test, 1 felt no very stone
objection against taking it, although I considered
thequesiioQ whether the United States were, and
of righl ought to be, free, sovereign, and independ-
CDt Stales, 10 have been long since decided and
not to be broiighl into question at this lime. I
find, however, a degree of importance, attached to
it, in the opinion of some ^ntlemen, which, had
1 contemplated at the time, my vote would per-
haps have been different. An the second resolu-
tion is evidently connected with the embargo, I
am of course opposed to it. But notwithsiandioe
the lengthy discussion which has taken place, 1
am not yet convinced that the first re^olutioa i)
not at war with the second, and with the whole
system we have adopted, and seem still determined
to pursue. How is it that ihe orders of Great
Briiain and the detirees of France affect usT
They affect our maritime rights. Our liberties
on the ocegn ore restricted to a certain extent.
And to show to Qreat Britain, France, and all the
world, that we will not submit to these encroach-
ments, we abandon the ocean altogether, and do
even more than they require — a new way of
showing our spirit, to be nure, but bearing no re-
semblance lo the spirit of '76.

But say gentlemen, we do not submit. The
embargo is resistance. Great Britain says yoQ

DcceHBEB, 1808.

C trade

■iih r

We r

jst trade
will trade wiih neither ofyi

We

This 1 conceive
10 be not true io fkct. Nefther France nor Great
Britain says you must trade with me. They only
give UB liberty to do as we please. But, admitting
there was a command, our embargo and non-in-
tercourse is a submission to it, as far as Ihe nature
of the case admits. We submit, partly to the one,
and partly to the other; and, between bnih, our
submission is complete, for we submit id each of
the belligerents, so far as sobmission to the one

viiha

toils r

the other. Certainly onr noD-inlercoarse trith
Britain is submission to Prance, and our non-in-
tercourse with France issubmissionio Britain; and
ihal,to make the moslofonr^mbargo, it is, accord-
ing to the view eiven of it by ils advocates, half
the one and one half the other.

But what shall be done, is the qaestton 1 Shall
we go 10 war 1 I answer yes, in the last resort, if
no other mode can be found lo eitrieale us out of
our present difficulties, and mainiain our inde-
pendence— and if there is any prospect thai the
object in pursuit can be obtained by going to
war. i aAi not however convinced thai s war
with either, much less with both nations, would
be the result of an abandonment of our present
system. In ihe year 1793. Great Briiain com-
menced extensive depredations on our commerce.
An attempt was made to resort to a war of com-
mercial restricliani. A non-intercourse act was
io con.'iderable forwardness, but without any of
these coercive measures actually in force, an at-
tempfwas made at negotiation. It proved suc-
cessful, without the aid of cither non-imporiation,
eiohargo, or hostile proclamations. But lo aid it,
preparations were made for war, and the ener-
gies of the nation were called into operation. A
treaty was the consequence, whieh, although not
Faiisfactory to all in some of its provisioos, yel,
while it was in force, wa hare prospered under il»
operation, in a manner beyond all former example,
I understand this treaty mighi have been renewed.
but ibe offer was declined. I do noi say that this
backwardness on oar part has been any cause of
our preE-ent difficulties with that nation. In the
years t797 and 1798, France commenced most ex-
tensive depredations on our commerce, in direct
vlolailon of her treaty with us, and rejecied oar
messengers of peace with conteinpl. We passed
a noD-iniereonrse law, but we did not rest here.
We called forlh the resources of the nation, and
prepared for events. Partial hostilities were com-
menced; butSrmtieas,oci the one hand, and concili-
Bifon on the other, were again crowned with sac-
cess. At the present time a serions misondar-
staoding has taken platte between the United
Stales and two foreign nations. The one has, in
a most wan ton. shameful, and unprovoked manner,
violated hextreaty with us — the other, with whom
have no commercial treaty, inlerropta our law-

ful c

S, It if

mraenced

lates the laW of nations. We have c
n^otiations', with the aid of commercial coercive
restrictions. We have taken the oliVe branch in
one hand, and we have elevated oor scourge, such
as il is, with. the other. We haveassumed a me-
nacing' attitude, and have uttered many high-
sounding words. This mode of negotiation has
been, for a considerable time, in the full tide of, I
cannuot say very, successful experiment. We
have had such a fair trial of its efficacy, ibal I
think it is high time it was abandoned. If the
measure be a wise one, and in certain cases pow-
erful,the United Stales have been peculiarly un-
fortunate, either in the time of its application, or
in selecting the subjects on which it was to operate.

.yGoogIc

886

mSTORT OF CONGRESS.

December, ISOS.

Foreign Rdalioni.

H. opB

Id Ibe year 1805, Great BriEain either adopted
or revired ceriiin regulaliotii which were very
injuriuus xa the commerce of ihe United Stales.
Our table was loaded with petitions from the
commercial cities of the UnioD. Our Mitiisler
abroad remonstrated, aad aS a remedy for the
evil, and to show out resentment of tbe injury,
as well Bs to aid cegotiatioD, we passed tbe
aoD-importalioD law. Before that law was passed,
at Ifaat befure the passage of it was Icncwn
Id Suropc, the orders were relaxed, and captures
discuoiioued ; and the causes iif complaiot in
some measure remored. So tbal tbe Doo-iropor-
latioD law had no other effect than to embarraas
our Miaislera in arrangiog matters in dispute.

Equally unfortunate was the time of sending
back the rejected treaty. Whether it was or was
Dot as good a treaty as we hail a right to expect,
1 pretend not to say. Probably it was as ^ood as
could be obiained — but whether it was or was not,
the lime of sending it back was jiecnliarly unfor-
lanate, for the purpose of obtaining any ame-
lioratiiin. The Ministry under whose auspices
it had been negotiated were now no longer in

Eower, aod the new Ministry were supposed to
s less disposed than their predeceEsors to make
concessions to the United Stales. Though will-
ing to ratify the original treaty, yet they de-
dined making any alteration. Asitnilar fatality
has attended our embargo system, considered as a
coercire nieajure against Great Britain. At the
time when our law was passed Ihec^essure upon
that nation in Europe was great. The coalition
among the Northern Powers was completely dis-
•olred, and ahe was left to contend siagle-handed
against almost the whole European world. It
was thought that this state of things, irt connex-
iqa with out emfaargo, would mase so great a
preMQre,that she mast yield to what we conceived
to be our just demands. Indeed it Was predicted,
with confidence, that in Ihe course of a few
months at furthest she muiit fall under the power
of the conqueror of Europe, and, in this way, we
were to obtain relief from all our maritime em-
barrauDtents. An event uolooked for, which,
however it may afleet our contest with the na-
tions of Europe, yet will, I hope, prove mast fa-
vorable to tbe cauBE of humanity, has, in a great
measureremoved that preasurefor the present. By
the late opening made in Europe, and the access
thereby gained to the American continent, she
has probably gained as much as she would lose
bv the annihilation of her cotnmerce with the
United States. It is time that we abandon this in-
efficient system — inefficient as it respects other
natioDs, and ruinous to ourselves. If we are to
bare war, as seems to be the opinion of gentle-
meo, let us prepare for it; but if there is any hope
from negotiation, let us attempt it without hav-
ing recourse to those factitious aids which must
ever be embarrassing in negotiating with a high
spirited people; and lei us not direct the energy
of the nation, the boasted spirit of '76, of whii:h
we bear so much, to tbe sole purpose of barasoing
our own citizens.
Whether we are in that aituation that would

be now prudent to go to war, I shall not decide, as
that is not a question now before the House. A
wise man in ancient times has said, with good ad-
vice make war. I shall only mention two or three
cases in which 1 would not go to war; I would
not go to war without a anttt and important ob-
ject, the attainment of which wa^ our undoubted
right ; I would notgo to war for any object, how-
ever important it might be,, as long as there was
ft prospect of obtaining it in any other way ; I
would not go to war, unless there was a well
grounded probability of obtaining the object in
view by war. Nor would I go to war merely for
a point of honor, where everything pertaining to
national prosperity and safety might be obtained
without. It IS true, nations may do like individ-
unls. A man conceives himself to be insulted.
He challenges the man who insults him— they
meet, and he receives a wound which disables
him during the remainder of bis life. But he
saves his honor. So a nation may go to war for
a point of honor, aod, as the fate of war is uncer-
tain, may receive a severe drubbintt- But national
honor is saved. Like Ihe gallant Francis, King of
France, who when he was defeated and taken
prisoner in the fatal battle of Pavia, by his eoeray
aod rival, Charles the Fifth, when he saw tbal all
was lost, wrote, upon the field of batile, this la-
conic epistle to tbe Q.ueen Regent: ''Madam, we
have lott ail but our honor." The American peo-
ple, would, I trust, wish to avoid sueb a war as
this. And I think they will not lon^ assert their
rights, only by abandcning them. But although
deeply interested in peace, as being tbe true inter-
est of our country, and always ready to wel-
come the returning prospect of its continuance
with heartfelt satisfaction, yet, if after all endea-
vors to preserve it shall prove fruitless, they
should in the end be compelled to engage in a
just and necessary war, no doubt (be American
people would meet it with firmness.

Mr. Randdlpb moved to adjourn, alleging a*
a reason for tbe motion the situation in wbicti
the House found itself, many members being
absent.

The question on adjournment was taken iy
yeas and nays, and negatived— a yea 42, nays 68,
as follows :

YiAs— EvinAleiuider, Jomih Barker, John Camp-
bell, Epaphioiiilu* Champion, Martin ChiUsndan, Ji^
DaTenpoit, jun., Daniel M. Durell, Janus Elliot, Pralt-
cis Gardner, Edwin Gray, Jaba Harris, Wilham Hoge,
Reuben Humphreys, Richard Jackson, Robert Jenkina,
James Kelly, Philip B. Key, Joseph Lewis, jun., Ed-
ivard St. Lae Liver more, Nathaniel Alacon, Josiab
Masters, William Miioor. Daniel Montgomcn, jun.,
Jonathin 0- Mosely, Gurdon S. Mumforil, Thomas
Nenbold, Timothy Pitkin, jun., John Kandalpb, John
Rhea of Tennffisee, John Russell, James Sloan, Ricb-
nril Stanford, {.ewia B. Sturges, Peter Swart, Samuel
Taggart, BenjaminTatlmadge, John Thompson, Abram
Trigg. Jsbei Upham, Archibald Van Ham, KiUian
K. Van RensKlaer, and David R. 'Williams.

NiTi — Lemuel J. Alston, Willis Alston, jun., E>».
kiel Bacon, David Bard, Burwell Batsstt, Willian
Blackledge, John Blake, Jan., Thomas Blount, Adam
Bojd, John Boyle, Robert Brown, William A. Bnr-

.yGooglc

887

HISTORY OF CONGRESS.

H. or R.

itelt, 'Williani Butler, loMph CBlhoun, MHtlhew Claj,
Jobn Cloplon, Orchard Cook, Richard Cutta, John
Damon, Joieph Deiha, John W. Eppoi, William
Findte;, JaiDM Fi*k, M>*hiek Franklin, Thamaa Ghol-
■on, jun., Pcteraon Qoodvija, laiiah L. Green, John
Haiatei, Wm. Helm*, Jamei Holland, Daiid Ualmea,
BeDJamiD Howaid. Diniel Ilale;, John G. Jackun,
Kichaid M. Johnson, Waller Jonea, Thomaa Kenan,
John Lambert, John Love, Robert Marion, William
McCreery, John Montgomerj, Nicbalsa R. Muoia,
Tbamaa Moore, Jeremiah Morrow, John Morron, Roger
Nelion, Wilion C. Nicbalai, John Porter, John Rea
of Penniyl'ania. Jacob Richard*, Matthiu Richarda,
Benjamin Sa;, Ebcnezer Seivnr, Samml Shaw, Den-
nti Smell, Jcdediah K. Smith, John Smith, Henry
Southard. Clement Storer, John Taylor, Jama* I. Van
Alen, JeiH Wharton, Robert Whitehill, Iiaac Wilbour,
Alex. Wilion, Nathan Wilaon, and Richard Winn.

of the

I the

solutio

the queBlii
depeniliTiir before the House was then calleil foi
by Mr. Davin R. Wii,uam8: Whereupon, so
much of the vaid resoluiioa being read, as ia cod-
lained In tbe noids rollowing-, to wit'.

Saoived, That it is e^ipediant to prohibit, by taw,
the admission into the ports of the United Stalei of
all public or prixate armed or unarmed ships or leasel*
belonging to Great Britain or France, or to any other
of the belligerent Powers having in force orders or
decree* violating the lawful commerce and neutral
rights or the United Statea ;

A motiao was made by Mr. ViN Hobr to
amend ibe origioal resoluiion as reported from
the ComiulLtee of the Whole Hou^e, by tirilcLDg
out, after the words "goods, wares, or mercbin-
dise," the following words: "the g-rowlh, pro-
duce, or maaufactur^ of the domioioos of any of
the said Powers:" and bv adding, to the end of
the taid resolution, tbe follDwiDf; words:

"And that tbe act laying an embargo on alt ship*
and vessels in the porta and harbors of the United
Blales, and the several ■upplcmenlaiy act* thereto, be
repealed, so far as to allow the ihips and vessel* be-
longing to, and wholly navigated by, citiiena of the
United State*, to depart with their cargoei for places
not in the posaeaaion of any of the said belligerent
Power* ; and that the cilixen* of the United States be
authoriied to arm and equip their merchant vessels,
and repel by force any assanlt or hostility which shall
he made or eommitted by ailj vesael belonging to any
of the said Powers, and may subdue and capture the
•ame ; and may retake any vesael, owned a* aforeaaid,
which may have been captored by any *eas«I belonging
(o any of the said Power*."

A qup^tion of order was then moved by Mr.
D. R. WiLLiAUB, Whether Ihe said molioQ of Mr.
Tan Horn, as a substitute for a member of the
said origiaal resolution, was admissible according
to (he standing rules and orders of the House.

The SfejIKER decided, as liii opinion, that the
Raid proposed amendment was in order, st not
bein;; a substitute for tbe member of th6 origioal
resolution proposed to be siriekeu out:

WbereiipoQ, tbe question was taken that the
House do agree to the proposed amendment for
•Irikio^ out tbe words as before recited, and
passed ID ibe negative.

The qneaijon tbea recurred on tbe amendment

juurn; and the quesiioa being put ibereupoD. it
passed in the negalivc — yeas 45, nays 69, as fol-

Yiia— Svan Aleiandn, WiUinm W. Bibb, John
Campbell, Epaphrodilu* Champion, Martin Chitten-
den, John Culpeper, John Davenport, jun^ Daniel M-
Durell, Jame* Elliot, William Ely, Francis Gardner,
Ednin Gray, John Harris, William Hoge, Richard
Jackson, Robert Jenkins, Jamas Kelly, Philip B. Key,
Joseph Lewis, jun., Edward SU Loe Livermora, Na-
thaniel Maeon, Josiah Maiters, William Milnor, Jon^
than O. Moaely, Ourdon S. Mumford, Timothj Piftio,
junior. Josish tjuincy, John Randolph. Jame* Sloan,
John Smith, Samuel SmiUi, Richard Stanford, WiUiam
Stedman, Lewis B. Stnrges, Peter Swart, BamDel Tag-
gart, Benjsmtn Tallmadge, John Thompson, Abrani
Trigg, Jabei Upham, Philip Van Cortlandt, Archibald
V*n Horn, Killian K. Van KenaseUer, David R. WU-
liam*, and Nathan Wilson.

NiT* — Lemuel J. Alston, Willi* Alston, Jun., Eh»-
kiel Bacon, David Bard, BurweU Baaett, WiUiaia
Bl4ckledge,John Blake, junior, Thomaa Blount, Adam
Boyd, John Boyle. Robert Brown, WUUam A. Bunrell,
William Butler, Joseph Calhoun, George W. Camp-
bell, Matthew Clay, John Clopton, Orchard Cook,

Gholaan, jnn., Peterson Goodwyu, Tiaiah L. Green,
Jahn Heiater, James Holland. David Holme*, Benja-
min Howard, Danid Haley. John Q. Jackson, Richard
M. Johnaan Walter Jane*, Thomas Kenan, John
Lambert, John Love, Robert Marion, WilOam Mc-
Creery, Daniel Montgomery, junior, Jobn Mon^om-
ery, Nicholas R. Moore, Thomas Hoore, Jeremiah
Morrow, John' Morrow, Roger Nebon, Thomaa New*
bold, Thomaa Newton, Wilson C. Nicholas, John Fop-
ter, Jobn Rea of Pennsylvania, John Bbea of Tcnne*-
lee, Matthias Richard*, Benjamin Say, Ebeneur Sal-
vor, Samnel Shaw, Dennis Smelt, John Smilie, Jed^
diah K. Smith, Henry Southard, Clement Slorer, John
Taylor, Jame* I. Van Alen, Jeue Wharton, Robert
Whitehill, Isaac WUbour, Alexander Wilson, and
Richard Winn.

A division of the question Was then called fof
on the amendmeai proposed by Mr. Van Horn,
from the commeoceiDeal thereof, and ending at
ilie word '' repealed," in the third tine of the said
amendment: And tbe question, to agree to the
said division of the proposed ameodmeot being
slated from tbe Chair, Mr. Van Horn withdrew
tbe said amcadment from the Clerk's table.

A motion was tben made by Mr. Lbwih that
tbe House do now adjourn, and the question be-
ing taken thereupon, i( passed in the uegatire'—
yeas 48, nays 69, as follows:

Yais— William W. Bibb, Jobn Campball,Epa[ji)D-
dilns Champion, Martin Chittenden, Orchard Cook,
John Culpepar, Samuel W.Dana, John Davanpart,jr,
Daniel M. Durell, William Ely, Francis Ganlner, Ed-
win Gray, Jobn Harris, William Hoge, Reuben Ham-
phrcya, Hicbard Jackson, Robert Jenkins, Jamea Kelly,
William Kiikpatrick, Joseph Lewia.ir., Edward St. Lo«
Liveimore, Nathaniel Macon, Josiah Masters, William
Milnor, Daniel Montgomery, jr., Jonathan O. Moaely,
Ourdon 8. Mumford, Timothy Pitkin, jr., Josiah (juin-
cy, John Randolph, James Sloan, John Smith, Samnal

.yGoogIc

HISTORY OF CONGRESS.

Decbmbeh, 1808.

Foreign Rdalioru.

H. opR.

Smith, Rtirhird Stanfbnl, Williais Btedman, Lewia B.
SturgfH, Peter Swart, SaniDfl Tiggart, Benjamin Till-
mailge, John Thompaon, Abram Trigg, Jabei Uphim,
Philip Van Coitlsndt, Arcbibald Van Horn, Killian K.
Van Bennelaer, Daniel C. Verplanek, DaviU R. Wil-
Suns, and Nathan Wilaon.

Naib— Lemuel J. Atslon, Willi* Aliton, Ji^ Da>id
Baid. Barwell Baiaalt, William Blackledge, John
Blake, jr., Thomai Blount, Adam Bo;d, John Bojie,
Robert Bronn, WiUiun A. Burwell, William Buller,
Joeepb Calhoun, George W. CampbeU, Matthew Clay,
John Clopton, Richard Catts, John Daweon, Joseph
Deth*, John W, Eppea, Wittiani Findle;, Jamu Fiek.
Meabsck Franklin, Barent Gurdiaicr, Thoma* Ghol-
■OD, JT^ Feteraon Goodwjn, Isaiah L. Green, John
Heister, Jamea Holland, David Holmes, Benjamin
Howard, Daniel Ilsley, John G. Jackion, Richard M.
Jotmaon, Walter Jonea, Thomaa Kenan, John Lam-
bert, John LoTe, Robert Marion, William McCreery,
John Montgomery, IVichataa R. Moore, Thomas Moore,
JeremiaJi Morrow, John Morrow, Roger Nelaon, Tho-
mas NewbolJ, Thomas Newton, Wilson C. Micbolaa,
Jehn Porter, John Rea of Pennayliania, John Rhea of.
Tenneaaee, Matthias Richard*, Benjamin Say, Ebene-
•ei Beater, Samnet Shaw, Denni* Smelt, John Smihe,
Jedediih E. Smith, Henry Southard, Clement Blorer,
John Taylor, George M. Troup, Jamea I. Van Aten,
Jeoe Wharton, Robert WhitehilJ. Isaac Wilbonr, Alex-
tuiildr Wifion, and Richard Winn.

A motion was made, by Mr. Lewis, to amenJ
ibeori^inalresolutJondepeDdingbcrare the House,
\)j adding to the end ibereof the folloniag words:

"And, also, that the act laying an embargo on nil
Aipa and Te**ela in the porta and harbor* of the United
States, with allaclaiapplemmtary thereto, be repealed."

A quMlioD of order wka rnoied bf Mr. Macon,
whether an ainendmeat cooiainiog the aabsiance
of a proposed resolutioD referred to a Committee
of the Whole House, aad made the order for a
certain day, can be received as an amendment to
Ihe reaolulioQ under consideralioo, embracinfc a
distinct subject. Whereupon Mr. Speaker de-
cided, as his opinion, that the pronoied ameod-
meot could not be received, unless ine Cammittee
of the Whole House was discharged from the
coDsideTationof a resolution moTed by Mr. Chit-
TGKDEil on the tenth ultimo, and several subse-
qaent resoiutioos propoaed, and referred to the
same Committee of the Whole House.

From which decision of Ihe Chair, an appeal
wa* made bf Mr. Stanpobo; and, on (he quea-
lioo, "lathe said decision of the Chair correct?"
it was resolred in the affirmaliye — yess 86, nays
32, as follows:

Tijks— WiUi*AI*ton,jr^Ezekiel Bacon, Davrd Bard,
JoMph Barker, WiUiam W.Bibb, William Blackledge,
John Blake, jr., Thomas Blount, Adam Boyd, John
Boyle, Robert Brown, William A. Burwell, William
Butler, Joseph Calhoun, George W. Campbell, Mat-
thew Clay, Jirfin Clopton, Orchard Cook, Rich'd Cutta,
John Daweon, Joseph Deaha, Daniel M. Durell, John
W. Eppes, William Fbdley, Jamea Fiik, Meahacil
Franklin, Peterson Goodwyn, Isaiah L. Grren, John
Helster, William Helms, James Holland, David Holmes,

a Ksnan, William Kirkpatrick, John Lambert,

John I^ve, N*tb«niel Macon. Robert Marion, Joaiah
Masters, William IMcCrecry, Daniel Montgomery, jr,
John Montgomery, Nicholas R. Moore, Thomas Moore,
Jeremiah Morrow, John Morrow, Gurdon S, Mumford,
Roger Nelson, Thoma* Newbold, Thomaa Newton,
Wilson C. Nicholas, John Porter, John Rea of Penn-
sylvania, John Rhea of Tennesaec, Jacob Richards, Mat'
tbias Richard*, Benjamin Ssy, Gbeneier Seaver, Sam-
uel Bhaw, James Blosn, Dennis Smelt, John Smilia,
Jedediah K. Smith, John Smith, Henry Southard, Cle-
ment Storer, Peter Swarl, John Taylor, John Tbomp-
son, George M. Troup, James I. Vao Alen, Philip Van
Cortlandt, Daniel C. Verplanck, Jesse Wharton, Rob-
ert WhitebiU, Isaac Wilbour, David R Williams, Alex-
ander Wilson, Nithsn Wilson, and Richard Winn.

Nils — Evan Alexander, Lemuel J. Alston, Burwell
Bassctt, John Campbell, Epspbroditu* Champion, Mar-
tin Chittenden, John Davenport, jr., James Elliot, Wil-
lUm Ely, Francis Gardner, Thomas Gholson, jr., John
Harris, Richard Jackson, Robert Jeokins, Jame* Kelly,
Philip B. Key, Joseph Lewis, jr., Edward St. Loe Liv-
ermore, William Milnor, Jonathan O. Moaelj, Timothy
Pitkin, Jr., Josiah (Juincy, John Randolph, John Rus-
sell, Richard Stanford, William Stedman, Lewi* B.
Bturges, Samnel Taggarty Benjamin Tallmadge, Jabei
Upham, Archibald Van Horn, and Killian K. Van

A motion waa then made, by Mr. Lewis, to
amend the originat resolution under considtratiou,
by adding to iSe end thereof the followioff words:

" Add, alio, that the act approved on the twelfth of
March, one thouaand eight hundred and eight, entitled
■ An act in addition to the act, entitled ' An actsapptv-
mentary to Ihe act, entitled ' An act laying an embargo
on all ship* and vessels in the porta and harbor* of the
United States,' be lepealed on the first day of January

' A question of order was rooved by Mr.SMiuE,
whether, according to ihe ataoding rules and
orders, the said proposed amendmeal euuld be
received and acted upon by the House. Where-
upon, Mr. Speaker decided, as his opinioo, that
it was D0[ in order, as ii partially embraced tbe
iubstanct of a proposed refoluiion already refer-
red to a Committee of the whole House, and not
considered or reported on by the said Coramitte*
to the House.

Prom which decision of the Chair, an appeal
was made to the House by Mr. Lewis; and, on
the qnetiion, " Is the said decision of ihe Chair
corTecl'?''it wasresoUed in the affirmalive— yeas
84, nays 31. as follows:

Tsil— Lemuel J. Alston, WilKs Alston, jr., Eiekiel
Bacon, David Bard, Joseph Barker, William W. Bibb,
William Blackledge, John Blake, jr., Thomas Blount,
Adam Boyd, John Boyle, Robert Brown, William A.
Burwell, WiUiam Butler, Joseph Calhoun, George W.
Cnmpbell. Matthew Clsy, John Clopton, Orchard Cook,
Richard Cutta, John Dawson. Joseph Desha, Daniel
M. Durell, John W. Eppe., William Findley, James
Fisk, Meshack Franklin, Peterson Goodwyn, Isaiah L.
Green, John Hetster, WUliam Helms, James Holland,
David Holmes, Benjamin Howard, Reuben Humphreys,
Doniel Ilsley, John G. Jackson, Richard M. Johnson,
Walter Jonea, Thomas Kepan, William Kirkpatrick,
John Lambert, John Love, Robert Marion, Josiah Mas-
ters, Wiliam McCreery, Daniel Montgomery, jr., John
Montgomery, Nicholas R> Moore, JeremUfa Morrow,

.yGoogle

891

fflSTORT 01' CONORBSa

Foreign Relatiom.

Dbobmbxc, 1808.

John Morrow, Gurilon 8. Mumfard, RogerNelBon, Tho-
mu Newbold, Tbomw Newton, Wilsoo C. Nicbolu.
John Porter, John Res of Pentxylvanii, John Khei of
Tenneuec, Jacob Richards, MaClhiaB Richartla, Benjm-
tnin Saf , Gbeneur BeaTcr, Samuel Shaw, Jame* Sloan,
DennU Bmslt, John Smilie, Jcdodiah K. Smith, John
Bmilfa, Henry Southard, Clement Storer, Pater Swart,
John Tajlor, John Tbonipion> Geoige M. Troup, Jamei
1. Van Alan, Daniel C. Verplanck, Jeue Wharton,
Robert WliitehlU, Isaac Wilbour, David R. WiUiama,
Ateiander Wilaon, Nathan Wilion, and Richard Winn.

Itiia — Kran Aleiander, Burwell Baaiett, John
Campbell, Epaphroditui Champion, Martin Chiltan-
den, John Culpeper, Samuel W. Dana, John Daven-
port, J[., Jamei) Elliot, William £lj, Francia Gardner,
Thomu Gholion.Jr., Edwin Onj, John Hania, Rich-
ard Jackaon, Philip B. Kej, JoMpb LeirUiir., Edwald
8t Loe LLveimore, William Milnor, Jonathan O.
Moaelj, Timolhj Fitkin,jr., Joaiah Quinc;-, John Rua-
•all, Richard SUnford, William Stedman, Lewis B.
Sturgea, Samuel Taggart, Benjamin Tallmadge, Jeb«z
Upham, Archibald Van Horn, and KUlian K. Van
Bannalaer.

The queniian theo recurring on ihi firal mem-
\ttr of (he original resolution, as propoaed to he
divided on a motion of Mr. D. R. WiLL[Aita,and
hfreinbefore recited, b dirisioQ of tlie qneition on
Ihe firat said member of ihe resolution was called
for by Mr. Gardbnier, from the commeoesmeni
orihesame to the words "Great Bri[aiD,''iaeoD-
taiaed in ihe words following, to wit:

" Ruolved, Thai it ia expedient to prohibit, hj law,
flie admiiaion Into the porta of tb« United State* of all

Kblio or priTata armed or nntTmed ihipa or vsaaels
onging to Great Britain."
_ Mr. QARDENiEit spoke half an hour in explana-
tion of hit reasons for Inkiog Ihe question sepa-
lately as lo Great Briiaiii aod France. '

The quesfioQ being taken that the House do
agree to the same, it was resolved in the affirma-
liTe— yeas 93, nays 29, ai follows;

Taia— Lemnal J. AUton, Willii Alston, jr., Eaekiel
Bacon, David Bard, Joaeph Barker, Burwetl Btaett,
WllUam W. Bibb, William Blacktedge, John Blake,jr.,
Tbomai Blount, Adam Boyd, John Bojle, Robert
Brown, William A. Burwell, William Butler, Joseph
Calhoun, George W. Campbell, Matthew Clay, Jobii
Cloptan, On^rd Cook, RiiAard Catia, John Da*>on,
JoMph Daaha, Daniel M. Dnrell, John W. Eppaa,
iwnea Fiik, Merhaek Franklin, Thomaa Gholacm, jr.,
Peteraen Goodwin, Isaiah L. Green. John Hoiater,
William Helmi, James Holland, David Holmaa, Ben-
jamin Howard, Rautwn Humphreya, Daniel Ililey, John
G. Jaekion, Richard M. Jobnw)a, Walter Jonea, Tho-
nas Kenan, Williaqi Kirkpatrick, John Lambert, Jotm
Love, Nath'l Macon, Rubert MbiIod, Wm. McCrcery,
Daniel Montgomery, jr., John Montgomery, Nicholas
B. Moore, Thomas Moore. Jeremiah Morrow, John
Morrow, Gurdon S. MumEbrd, Roger Nelaon, Thomas
Newbold, Thomas Newton, Wilaon C. Nichalss, John
Porter, John Randolph, John Rea of Pennsylvania,'
John Rhea of Tenneasee, Jacob Richards, Matthias
Richards, Benjamin 8aj, Bbenmr Scaver, Samuel
Shaw. Jsmes Sloan, Dennis Smelt, John Smilie, Jode-
diah K. Smith, John Smith, Samuel Smith, Henry
SouthaiJ, Richard Stanfiird, Clement Storer, Peter
Swart, John Taylor, John Thompson. Abram Trigg,
Gao. M. Troup, Jamea L Van Aleo, PhiJip Van Cori-

landt, Archibald Van Horn, Daniel C. Verfdanck, Jess*
Wharton, Robert Whitehil], Isaac Wilbour. Daiid S.
Williams, Alexander Wilson, Nathan Wilson, and
Richard' Winn. i

NxTH — John Campbell. Epsphroditui Champion, '
Martin Chittenden, John Culpeper, Bamuel W- Dana,
John Davenpon,Jr., James Elliot, William Ely, Barenl
Qardenier, Edwm Gray, John Harris, Richard Jack-
son, Robert Jenkin*, Philip B. Key, Joaeph Lewis, jr,
Edward St. Loe Livermore, Josiah Maatera, WiUisig
Milnor, Jonathan O.Moaely. Timothy Pitkin, jr., Joaiah
Quincy, John Runetl, William Stedman, I«wf* B.
Sturges, Samuel TiMart, Benjamin Tatlmsdge, Jabel
Upham, and Killisn K. Van KensBclasr.

A farther division of the question was moved
by Mr. E1.LIOT, on tlie said first member of iht
re^olucioD, on the words "or France," immedi-
Htely foilowi[ig (he words ''Great Bfiiainy here-
iobefore recited: And (he question beio^ put
thereupon, it was resolved in the aSruative —
yeas 97, nays 24, as foUowei :

Vias — Lemuel J. Alilon, Wi:''i Alston, jpn-., Bw-
kiel Bacon, David Bard, Joseph Baikar, Buiwall Ba*-
aeU. William W. Bibb, William Bladlledge, John I
Blake, jun., Thomas Blouat, Adam Boyd. John Doy^ |
Robert Brown, William A. Burwell, Willura Butltr,
JoMph Calhoun. George W. Campbell, Matthew Clay, |
John Clapton, Orchard Cook, Richard Cutta, John I
Dawson, Joseph Deaha, Daniri M. DuiaU, Janta El-
liot, John W. Eppes, WiUIam Findley, James Pisk,
Meshack Franklin. Barent Gordenier, Thomas Ghol-
son, jun., Peterson GooJwyn, Edwin Gray, taaiab L.
Green, John Heistoi, William Helms, Jamea Munaod,
David Holmea, Benjamin Howard, Reuben Hum-

Sbreys, Daniel llaley, John G. Jackson, Richard M.
ohnson, Walter Jones, Thomaa Kenan, Wm. Kirk-
patrick, John Lambert, l<Aa Lore, Nathaniol Hkob,
Robert Marion, Joaiah Maatets, William MoCfMiT,
Daniel Montgomery, jun., John Montgomery, Nidw-
las B. Moore, Thomae Moore. Jeremiah Moirow, Joha
Monaw, Gurilon 3. Mumfiird, Roger Nsboo. TboBaa
Newbold, Thomaa Newton, Wilson C. Nicliolaa, Johit
Porter, John Randolph, John Rea of Pennsylvania,
John Rhea of Tennessee, Jacob Kichards, Matthias
Richards, Benjamin Ssy, Ebenezer Seaver. Samuel
Shaw, James Sloan, Dennis Smelt, John Smilie, Jede-
diah K. Smith, John Smith, Samuel Smith, Heniy
Soatbard. Richard Stanford, Clement Storer, Peter
Swart, John Taylor, John Thompson, Abram Trigg,
George M. Troup, James I. Van Alen, Philip Vsa
Cortlandt, Archibald Van Horn, Daniel C. Vetplandt,
JesH) Wharton, Robert Whitehill, kaae Wilbour, Da-
vid R. Willi^ma, Aleiaader WlboD, Nathan Wibw,
and Richard Winn.

Nats — Evan Aiaiandet, John CanpbeU, Epaphro-
ditus Champion, Martin Chittenden, John Culpepsr,
Samuel W. Dana. John Davenport, jun.. 'Williaiii Ely,
John Harris, Richard Jackson, Robert Jenkina, Pbil^
B. Key, Joseph Lewis, Jan., William Milnor, Jonathan
O. Moselv, Timothy Pitkin, inn., Joaiah Qnincy, John
RoBsell, William Stedman, Lewis B. 8tui^(e«, Bamael
Taggart. Benjamin Tallmadge, Jabei Upham. and
Killian K. Van Rensselaer.

And on (be quesiion that (he House do agrte
to the second member of the said second resolu-
linn. contained iu the vords fulloiving, to wil;

" Or to any other of the belligerent Fowsrs having
in force ordars or decrees violating the lawful com-
merca and neatral righta of (he Dnit«d Sutca,"

.yGoogIc

HISTORY OF CONGRESS.

Dedembbr, 1S08.

Fbnign BdaUon*.

Ii was resolred ia ihe affitmatiTe — yeas 90,
nafs 26, as follows:

Till — Lemael J. Alrton, Willi) Alihm, jnn>, Eie-
kiel Bacon, David Bwil, Joseph Barker, Burwell Bu-
Ktl, WUliain W. Bibb, WUliim BUcklAdgs, John
Blake. Jan., Thomii Blount, AduD Boyd, John Bojte,
Bobert Brown, WilUam A. Bniwcll, William BaUer,
Jawph CslhouD, Qtmge W. Cam)Aell, Matthew Cla;,
John Clopton, Onward Cook, Richard Cntta, John
DawM>D, Joaeph Dwha, Danial M. Durell, Jehn W.
Eppea, WiUian Pindlej, Jamea Fiak, Meaback Fiank-
Un, Fnmcja Guxlner, Thomu Ghalaoni jun., Potaraon
Qoodwyn, Edwin Graj, baisb L. Green, John Heiater,
WiUiam Halmi, Jamaa Holland, David Holmea, Ben-
jaroin Howard, Reaben Humphreys, Daniel lUley,
John G. Jaekion, Richard M- Johnson, Waller Jonea,
Thomaa Kenan, William Kirkpatrick, John Lambert,
John Lore, Nafhtniel Macon, Riibert Marion, Joaiab
Maaten, Wm. McCreerj, Daniel Moat^merjijr., John
Montgomery, Nicbolai R. Moore, Thomaa Moore, Jer-
•miah Morrow, Jobn Morrow, Gunlon 6. Mumibrd,
Boger NeUoD, Thomaa Nawbold, Thoroai Nawton,
WiUon C. Nicholai, John Poiier, John Ruidoipb,
John Rea of PeBoajlTsni*, John Rt)ea of Tennasase,
Jacob Richards, Mstthiaa Ricbardi, Benjamin Say,
Ebeneiar SeaTer, Samuel Shaw, James Bloan, Dennis.
Smelt, John Smilie, Jedediah K. Smith, John Smith,
Samuel Smith, Henry Southciid, Richard Stanrord,
Clement Storer, Peter Swart, John Taylor, John
ThomptoB, Abram Trigg, George M. Troup, James I.
Van Alen, Philip Van Cortlandt, Archibald Van Horn,
Daniel C. Varplinck, J«ae Wharton, Robert Wbit»-
bill, laaac Wilbour, Dsvid R. Williams, Alexander
Wilson, nalhati Wilson, and Richard Winn.

Wi.

nAlei

Samuel W. Dana, John Da*enpoi[, jun,, Jas. Elliot,
WUIiam Ely, Barenl Oirdenler, John Harris. Richard
lackaon. Robert Jenkins, Philip B. Key, Joaeph Lewis,
jun., William Milnor, Jonathan O. Mosely. Timothy
ntkin, jun.. Joaiah Qoincy, John Rnasetl, William
Sudinair. Lewis B. Sturges, Samuel Taggait, Benja-
min Taltnadge, Jabaa Upban, attd KiUiau K. Van

The qnesrHia thea bein^ on the residue of the
•aid molutlon contained in ihe followiog words:

"And, aha, tba importation of any foods, warts, or
merchandise, Ihe growth, produea, or nunnbctDrtf, of
the doasinioDs of anjr af the said Powns, at imparted
from any ^ace in the paaseaaian of ailber."

Mr. RiNDOLPn moved tr> adjonrD — ayes 46.

Mr. R. then apoke for about two boars and a
half against ihe reaolation.

The quesiion was tbpti tak^n, and resolved in
the affirmBtiTe—yeas 8S, nays 36, as follows :

Yaas — Lemnal J. Alaton, Willis AlsUin, Jan., Eie>
kiel Bacon, David Bard, Joseph Barker, Burwell Baa-
sett, William W. Bibb, William BlscVIeJge, Jobn
Blake, jun., Thomaa Blount, Adam Bojd, John Boyle,
Robert Brown, William A. Bumell, WUlism Butler,
Joseph Calhoun, George W.CampbelJ. Matthew Clay,
John Clopton, Richard Cults. John Dawson, Joseph
Desha, Daniel M. Dmrell, John W. Eppei, William
rindley, James Fiak, Meshack Franklin, Franeia Gard-
ner, Thomas Ghotson, jun., Peteraon Ooodwya, Bdwin
Gray, Isaiah L. Graen, John Heiater, WUIiam Helasa,
Jamea Hotland, David Mdmea, Benjamin Howard,
Reuben Hnmpbreya, Daniel Itsl^, J^n G. Jaekaon,

Biehard M. Jehnaon, Walter Jone^ Thomas Kenan,
William Kirkpatrick, John Lambert, John Lovb, Na-
thaniel Macon, Rohert Marian, William McCieetj,
John Montgomsiy, Nicholas R. Moore, Thoi. Moore,
Jeremiah Morrow, John Morrow, Roger Nelson, Tboa.
Newbold, Thomas Newton, Wilson U. Nicholas, John
Porter, John Rea of Pen neyl'aaia, John Rhea of Ten-
neaaee, Jacob Richards, Matthias Richards, Besjamin
Say, Ebenezer Seaver, Samuel Shaw, Dennk Sm^
John Smilie, Jedediah S.. Smith, John Smith, Henrj
Southard, Richard Stanford, Clsmeut Slerar, John
Tsvlut, GeoTfe M. Troup. Jamea I. Van Alen, Jesse
Wharton, Robert Whitehill, Isaac Wilbour, David B.
Williama, Alexander Wilson, and Richard Wion.

Niia — Eian Alexander, John Campbell, Epapbro-
ditus Champion, Martin Chittenden, John Culpepar,
Samuel W. Dana, John Davenport, jun., Jas. Etliet,
WilBsm Ely, Barent Gurdenier, John Hsrru, Richard
Jackson, Robert Jenkins, James Kelly, Philip B. Key,
Joseph Lewis, jun., Matthew Lyon. Josiah Mssten^
WiUJaiD Milnor, Jonathan 0. Moaely, Gurdon S. Mum-
ford. Timothy Pitkin. Jan., Joaiah IJnincv, iiAm Rus-
sell, James Sloan. Lewis B. Sturges, Peter Swart,
Samuel Taggart. Benjamin Tallmadge, John Thomp-
son, Abram Trigg, Jabei Upham, Philip Van Geia-
landt, Archibald Van Horn, Killian K. Van Senss«-
loer, and Nathan Wilson.

The main quesiion was [hen lalien that the
House do agree to (he said second resolutioo, aa
reported from the Commilieeof the Whole House,
and resolved in (he sffir[nalive^yeas84, Days 30,
as follows:

Vaaa— Lemnel J. Alston, WiJIia Alston, Jan., Eia-
kiel Bacon, David Bard, Joseph Barker, BurwsU Baa-
sett, William W. Bibb. William Blacklcdgs, John
Blake, Jan., Thomas Blount, Adam Boyd, John Boyle,
Robert Brown, William A. Burwell, WtllUm Butler,
Joseph Calhoun. George W. Campbell, Matthew Clay,
John Clopton, Richard Cutta, Jonn Dawson, Joseph
Desha, Daniel M. D'nreU, John W. Em«s, WUIiam
Pindley, Jas. Fisk, Meshack Franklin, Francis Gard-
ner, Thomas Gholaon, jun., Peterson Goodwvn, Bd-
vrin Grey, IsaUh L. Green, John Ueister, WilUan
Helms, James Holland, Darid Holnee, Benjamin How-
ard, Reuben Humphreys, Daniel Ilaley, Jonn G. Jack-
son, Richard M. Johnson, Waller Janes, Thoa. Kenan,
WiUiam Kiriipatrick, John. Lambert, Ji^n Love, Na-
thaniri MaoMi, Robert Marion, William McCie^,
J^hn Montgomery, Nicholas R. Hoore, Tbos. MoMe,
Jeremiah Morrow, John Morrow, Roger Nelaon, Thas.
Newbold, Thomas Newton, Wilaon U. Nicholas, John
Potter, Jiihn Raa of Pennsylvania, John Rhea of Tan-
Dcasea, Jacob Richards, Matthias Richards, Benjamin
Say, Ebenster Seaver, Samuel Shaw, Dennis Smelt,
John Smilie, Jedediah K. Smith, John Smith, Henrj
Southard, Richard Stanford, Clement Slorer, John
Taylor, George M. Troup, James I. Van Alen, Archi-
bald Van Ham, Daniel C. Verplanck, Jesse Whartoa,
Robert Whitphill, Isaac Wilbour. David R. Williama,
Alexander Wilaon, and Richard Wtnn.

Nits— Evan Alexander, i<A\a Carapbet], Epaphro-
ditus UhamjHOn, Martin Chiltuiden, John Calpsptr,
Samuel W. Dana, John Davenport, jun., Jas. Blliat,
William Ely, Bsrant Gardenier, Jdm Harris, Richard
Jaekaon, Robert Jonkina, Jamea Kelly, Philip B. Key,
iosenh Lewis, jun^ Mattfasw Lyon, Josiah Masters,
WUham Milnor, Jonalban O. Mosoly, 'I'imoihy FUhin,
jnn., Josiah (Juinoy, John Russell, Jamss Sloan, L. B.
Sturgaa, Samuel Taggart, Beujaioin Tallmadge, Jabaa

.yGoogIc

HISTORY OP CONGRESS.

896

Miranda't ExptdUm

DSCBMBER, 18DS.

And OD (he question that ihe House do concur

with the Commiliee of the Whole in their agrp e-
ment to ihe third resolutioQ, ia [he words follow-

Retohtd, That meMorc* ougbt to t» immediilcly
taken foe placing the caunlij in a mors complete atate
of defence :

It wu uoanitnouily' rpsalTed JD the affirmvtirft.

Od motioD of Mr. Oeoroe W. CAMrsBLL,

Ordered, That ihe second resolution bp re-
ferred to the commiliee appointed on so much of
the Message froD the President of the United
Stales, at the comnieneement of the present ses-
sion, B.I respects out relations with foreign Pow-
ers, with leave to report thereon by way of bill,
or bills.
On motion of Mr. QEoaaB W. Cahpbbll.,

Ordered, That the third resolution be referred
to the eommittee appointed, on the 8th ultimo, on
to much of the said Message from the President
of the United Slates as relate* to the Military
and Nava! Establishments, with leave to report
thereon by bill, or hills.

M ON DAY, December 19.

Mr. HoLHEB, from the Commiliee of Claims,
presented a bill for the relief of Aufcustin Serry ;
which was read twice, and committed to a Com-
mittee of the Whole to-morrow.

On motion of Mr. Pitkin,

Retolved, That ihe Committee of Claims be
insliucted to inquire whether any, and, if any,
what, alterations are necessary to be made in the
laws relative to placing on IJie peoKioD list those
persons who have been wounded in ibe line of
theii duiy^ in the service of the United Stales,
•iace the Revolutionary war: and to report there-
on by hill, orothetwise.

The hill sent from the Senate, entitled "Ad
act lo provide for arming, manning, and fitting
out for immediate service, all the public ships of
war, vessels, and gunboats, of the United Slates,"
was read t<vice, and commfited to the Commiliee
of the Whole, to whom waB.referred, on the lOib
instant, a bill authorizing the appointment and
employment of an additional number of Navy

The House resolved itself into a Committee of
the Whole on ihe bill authorizing the payment
of certain pensions by the Secretary of^War, at
the seat of Qovernmeni. The hill was reported
with several amendmenls .thereto; which were
twice read, and agreed lo by the House.

Ordered, That Ihe said bill, with (he amend-
ments, be engrossed, and read Ihe third lime to-
morrow.

The House resolved itself into a Committee of
the Whole on the hill to amend the judicial sys-
tem of (he United Slates. [Tbe bill goes to au-
thorize the circuit judge lo hold district courls,
wbee, from sictineisgr oiher cause, the district
judge II unable to discharge bis duties, and makes

the justice of the Supreme Court the judge of
competency in the di^iiict judge,]

Mr. LivEHHORE said such a provision appeared
necessary, but he thought Ihere was aomething
wrong in vcslmg (he power of delermining on
the competency of Ihe district judge in this way.
He, therefore, moved that the Committee rise,
with a view, if it prevailed, to move for a recom-
mitment of the bill.

This course was objected to by Meisrs. D. R.
Williams, Tatlor, and Marion, and supported
by Messrs. Ely, Gholsok, and <he mover. The
Committee rose, were refused leave to sit again,
and the bill was referred to a select committee.
r. Dana pretjcoted a letter from the Socieir

MIRANDA'S EXPEDITION.

Mr. Love called for the order of the day on the
report of ihe committee on the subject of the
thirl y-sii persons confined in Carthagena, South
America. Tbe following is [he resolution re-
ported by the committee;

Reiohed, That the President of tbe United 8ute*
be requaltd to adept the moll immaiiale and ^gati-
euxM meaiu m hu ptnnrr to obtain from tbe Viceroj of
Grenada, in South America, or other proper authority,
the liberation of thirty-iii AmericaQ citiieni, can-
demned on a charge <rf' piracy, and now held in sla-
veiy in the vault* of St. Clare, in Caithaigena, and that
the sum of doUan b« ■ppropriataJ to that pai>

Mr. D. R. WiLLiAHs moved to postpone the

consideration of the subject iodefiniieiy. Nega-
tived—50 to 36.

The House then went into a Committee of the
Whole on the subject— 39 to 33.

Mr. Love moved to amend tbe resofation by
striking out the words iq. italics, and -ioserliog
"authorized to request." — Carried, ayes 54.

Those gentlemen who supported this resolution
in the debate were Messrs, Love, Ltom, Bacos,
Nelbon, St.o«N, and Wilbodr. Those who op-
posed it were Messrs. D. R. Williams, Tatlor,
Shilie, Madon, and SoaTBARo.

The gentlemen who opposed the restriaiion,
among other objections, contended thRt an agree-
ment 10 the resolution would but involve the
Qovernment in difficulty without answering any
good purpose) that it would in fact be aiding tbe
atleinpi of n certain parly to prove that tbe Gen-
eral Qovernment had some connexion with this
expedition originally, which it certainly had not;
that the facts set forth in the petition were wholly
unsupported by evidence; that these persons had
engaged themselves in a foreign service; that
they had become weary of the privileges of free-
men, aod had entered into a. hostile expedition
against a foreign country, and, In so doing, had
been taken, condemned for piracy, and immured
as a punishment for that oSence; that the British
Government, having been at the bottom of this
business, was the proper power to release these
persoo»,aad indeed liad applied to the Spaoiab
cOBunander fur the pn^sc ; ibst even were lh«

.yGoogIc

897

HISTORT OP CONGRESS.

December, 1608.

H. opR.

United Slates bound bp the laws of justice
bamanitjr to intercede for these persoos, thcf
kaew Dot to whom to make HpiiIicatioD, a '
would probably meet with a refusal, perhap!
rude ODe, if any Judgmeot could be formed tn
ibe preseot silualioo of out aflairs with Spain;
ibal if gentleroea wished for objects on which to
eieiciae their bumaoity, they migbt find thera
in ihe lacerated bactt of our impressed leamea,
wiihoul exieading it to cricQinals. In reply to
an observatioa of Mr. Lvon, that if we did not
get these men Great BriteiD would do so,- and
employ ihem to extend her naral force, Mr. Ma-
COH replied, if sh« did, she was welcome to keep
them ; but she was in the habit of supplyiog her
nary with seamen from our vessels, without (he
trouble which the acquisiiioa of these mea might

In reply to these objections, and in support of
the resolution, tbe humanity of the House was
strongly appealed to. It was urged that the Qor-
ernmenl could in no wise be involred by an ap-
peal to the generosity of the provincial gOTern-
ment ; that these men had not wilfully committed
piracy, but had been deluded under Tatlous pre'
tences to join tbe eipediiioo; that they had joined
il under a belief that (hey were entering ia[o the
service of the United S(a(es; that, even admit-
ting them to have been indiscreetly led lo joia
(he enterprise, knowing i( lo be destined for a for-
eign service, yel, that ihev had been sufficiently
punished by the penalty (hey bad already under-
gone ; that it was wholly immaterial what infer-
ence any persons might draw from the conduct
of (he United Slates in (his respect, aa to their
concern wi[h (be oriEinal expedition; that such
considerations should have no weight with (he
House; that if these poor fellows were guilty,
they had repented of it ; and Mr. Nelson quoted
on ihi!) point (he Scriptures, (o show (Jiat (here
should be more joy over one sinner that repent-
eih than over ninety and nine who have no need
of repentance. In reply to an intimation (hat it
was not even ascertained (bat they were Amei'i-
caa citizens. Mr. Bacon observed (hat one of
thetn had bef n born in the same town in which
be was, and wa* of arepQtable family.

The resolution was negatived by the Com[iii>
lee — i9 (o 31.

Tbe Committee rose and reported the retolu-
lion, which report (he House agreed now (o con-
sider— ayes 57.

Mr. Ltok moved to adjourn — ayes 34.

Ur. FiaK called for the yeas and nays on ooa-
currence with (he ComniiKee.

Mr. Gahdneb moved to adjourn — ayes 34.

The qtiestioa of concurrence with the Commit-
tee in their disagreement to the resolution, ttan
decided by yeas and Days, as follows:

Ybas— Lemuel J. AUtoD, Willis Alston, jr., David
Bsnl, Joseph Barker, Burwell Dsuett, Williua Black-
ledge, Tbomss Blount, Ailom Boyd, Robert Brown,
Willism Butlar, Joseph CalhoitD, Mstlhaw Clay, Jo-
Npb Desha, John W. Eppes, William Findlej, 'fhom-
ss Gbolson, jr., Peterson Goodwin, John HeUler,
WiUiaia Helms, James Holism), David HoUnsv, Ben-
lOtb Cos. Sd Seas.— 89

jamin Howard, Wslter Jones, John Lambert, Nathsn-
iel .Macon, Robert Marion, Daniel Montsomei;, jr.,
Nicholas R. Moore, Thomss Moore, Jeremiah Mor-
row, John Morrow, Thomas Newbold, Thomai New-
ton, Wilson C. Nicholas. John Porter, John Res of
Pennsylvania, John Rhea of Tennessee, Jacob Rich-
ards, Matthias Richsrds, Ebenezer Ssaver, Samasl
Shaw, Dennia Smelt, John Smilic, Jededish K. Smith,
Samuel Smith, Henrj SouthanI, John Taylor, Robert
Whitebili, D. R. WitliiLias, and Alexander Wilson— M.
Nais— Eiekiel Bacon, William W. Bibb, John
Blake, jr., Msrtin Chittenden, John Clopton, John
Culpeper, Jsmes Elliot, James Fisk, Francis Gardner,
Issish L. Green, John Harris, Reuben Humphreys,
Daniel Ilslej, Richard Jackson, Robert Jenkins, WiU
lism Kirkpatrick, John Love, Matthew Lyon, Josiah
Mulers, Willinm McCreerj, William Milnor, John
Montgomery, Gurdon 8. Mumferd, Timothy Pitkin,
jr., Samuel Riker, John Russell, Benjamin 8sy, James
Sloan, Lewis B. Sturges, Abram Tiigg, Jabet tlphsm,
Jsmes I. Van Alen, Archibsld Van Horn, sod Isaae
Wilbour— 34,

Odd

in, the House adjonrned.

TuEeDAY, December SO.

A new member, to wit; Jobepu Storv, re-
turned to serve in Ibis House, as a member for
(he State of Massac boseiis, in the room of Jacob
Crowninshield, deceased, appeared, produced bis
credentials, was qualified, and look bis seat ia
(he House.

An engrossed bill Ru[horiziiig (he payment of
certaio pensions by the Secretary of War, at the
seat of QovetnmenI, was read the third time,

Mr. Alexander, from (he committee appointed

I tbe thirteeaih instant, presented a bill pre-

ribing the effect of records of judgraenl or de-
crees of courts of one State in another State j

hich was read twice, and committed (o a Com-
littee of (he Whole on Thursday next.

Mr'^ NeL90N, from (be commidee appointed on
the (weD(y'ei^hth ultimo, presented a bill for (he
relief of the infirm, disabled, and superannuated
officers and soldiers of (he late and of the present
Army of (he United Sta(es; which was read
twice, and committed to a Committee of the
Whole to-morrow.

The House resolved itself into a Committee
if the Whole on (be bill for the relief of certai'a
persons therein mentioned. The bill was reported
without ameudmenl,and ordered to be engrossed,
and read the third time to-morrow.

The House resolved itself into a Committee of
(he Whole on tbe bill for continuing for a fur-
ther time the authority of tbe Commissioners of
Kaskaskia. The bill being zone through, the
Committee rose end reported tlie bill, which was
ordered (o be engrossed for a third reading to-
morrow.

Tbe bill auihoriziog (he division and subdi-
vision of squares and lots in (ho City of Wash-
ington ; and the bill for tbe relief of sundry citi-
zens of Knoi county, Kentucky, having gone
through the Committee of the Whole, were or-
dered (o be engrossed for a third reading.

.yGoogIc

HISTORY OF CONGRESS.

900 I

Emb.irgo—Po»l RooaU— Revenue BaiuU.

Dbosmbi

Mr. DahauIcI, as it waa probable ihat ibe siiu-
alioQ of the rerenue mighl rf|quire ihe cousidcr-
■tioD of ilie Huuise during this srasion. ii would
be accepinble lo ihe members of ihe House lo
baveasampleinfurmaiioDon the subject an could
be conveiiieotly obtained. From llii« and other
considerations, be was induced (o offer the fal-
lowing resolution :

■ "Raiohed. ThM tba SMreUrj of the TrcsmirT b«
4ircelcd to laj before the Hanwi ■ genen] ititement
of the fuine annually Toeeived at the Treuurj of the
United 8tate> since die commencement' of the pro-
ceeding* under the Conititution, exhibiting Jiitiactlj
-Ihe proceeds of the euitoms, internfil revenue, loina,
and mtseellsneoDi receipt* for each year, wiA the
•mount of the respective brancfaei of the customs, and
the charges Ibereon."

The resolution was agreed to.

Mr. PoiHDEXTER, aft«r a few prefalory remarks,
offered the foltowing reiolution :

" tUmiktd, That the leleet commitlee ta nhon was
referred a bill from the Sensta 'further to amend thi
iudieial sjetem of the United Stale*,' be instructed to
utquiie into tba eipediencj of extending juiiadiction
to the superior eourta of the aeieral Territories of the.
United Hlatea in which a district court has not been
ealablished, for the trial of treason, and other oUvnces
Gommitied sgainsttbe laws of the United Bii
In tbe limits of thu said TErritorios, aiiil to
•ud courts to pronounce such judgment or sentence
on conviction of the oflender or o^ndera, as tha law

The resoluiioD was agreed lo.
THE EMBUIGO.

A motion, was made hy Mr. Chittenden that
the House do now resolve itself into a Caoiiail-
lee of ibe Whole on a resoluijon propoiied by
bim, tbe tenth ultimo, for a repcRl of tlie several
acts taTiDg an embargo uh all ships auJ vessels
in the ports and harbors of the Uolred Slates;
tod the question being taken thereupon, it passed
in ibe nrsativc — yean 49, nays G4, as follows:

YaiB— Evan Alexander, Burwell Baasett, Thoaias
Blount, John Uojlc, John Csinubell, Martin Chitleu'
den, John Culpeper, Barauel W. Dana, John Daven-
port, jr., James Elliot, WilliaAi El;, John W. Eppea,
Barent Gardenier, Edvrin Uray, John Harris, 'William
Helms, David Holmes, Daniel Ilalay, Richard Jackson,
Robert Jenkins, James Kelly, William Kirkpalriek,
John Lambert, Edward St. Lou Livrrmore, Nathaniel
Macon, Robert Marion, William MJInor, Mcholaa R.
Moore, John Morrow, Jonathan O. Moselj, Timothy
Pitkin, jr., Josiah Qoiney, John Rhea of Tennesire.
Jacob Richards. John Rusaell, James B loan, Samuel
Smith, Richard 8Un(brd. Lewis B. Sturges, Samuel
Toggart. Benjamin Tallmadge, John Taylor. Aliram
Trigg, Jabea Upham, Archibald Van Horn, Daniel C.
Varolanck, Jena Wharton, and David R. Williams.

Nats— Lemuel J. Alston, Willis Alston. Jr.. Exe-
kiel Bscon, David Bant, Joseph Barker, William W,
Bibb. John Blake, jr., Adam Bnyd, Ral«rt Brawn,
William Butler, Joseph Calboun, Geonte W. Camp-
bell, Matthew CIny, John Clopton, Richard Cults,
John Dawson, Josiah Dcane, Daniel M. Duretl. Wil
liam Pindley, Me^thack Franklin. Thomas Gholson,
jr., Peterson Goodwyn, Isaiah L. Green, John Heialar,

amea Holland, Benjamin Howard, Rmibrn Hob- I
ihieye, Richard M. Johnson, Thomaa Kenan, Joht j

,ove. William McCreery, Daniel Montgomery, jt,
John Montgomery, Tbnmia Moore, Jeremiah Momns,
Gurdnn S. Mumford, Imager Nelson, Thomaa New- l
bold, Thomas Newton, Wilson C. Nicholaa, John Pot-
ter, John Pogb, John Rea of Pennsylvania, MsUhia |
Ricliardi, Samoel Riker, Lemuel Sawyer, Benjimia
Say, Ebenezer Seaver, Samuel Shaw, Dennis Smdt, i
John SmHie, Jededish K. Smith, John Smith, Henir '
Soalhard, CleDient Blorer. Joseph Story, Peter Sirar^
John ThompMm, Oeorga M. Troup, Robert Whilrhilt
Isaac WilhouT, Aleiander WitaMi, NathaB WikMt, ,
■nd Richaid Winn.

FOSTROAOe.
Mr. STanroHD moved Ihe following reaolmioa,
observing that he thought it innportant at thi)
pariicalar juncture in our affairs, thai some pto-
vision should be made to establish a cominnnic*-
tion by mail beiweeo the seat of the Genenl
and Slaie Governments, as direct, certain, ani i
expeditious as possible. This not being the ca«
al present, his object was to iostroct tbe props '

e to

IB ry inquiry:

" Sttohtd, That tbb Commitlee on Port OOos
and Post Roads be instructed to inquire into Iheeipa-
diency of eslablisbing a mail stage from Payettevill^
in North Carolina, to Cheraw conrt-haiiw, CaBKfeo,
ColumLia, Augusta, and Milledgeville, in Georgia, and
thai they report by bill or otherwise."

Tbe reselution was ngreed to.

REVENUE BONDa

On ntolioit of Mr.NEWTON.tb«HousetnolNd
itself into a Commitlee of the Whde, on Uw '
bill from the Senate supplemental to an act Tm
eitendiog ihe ierm* of credit on revenue boaA

This bill provides that Ibe payment of a)) boadi
given subsequent lo the date Of the *ci, to which
ihia is a supplement, for duties on coffee, ss^r,
&x., imported into tbe United Statea, and for
duties on other importations of the aame artk)e«,
ahall be suspended during tbe coaiinnance of tke

Mr. Newton proposed an amendment to tka
bill excepting from ita scope those artielei rmr
ported by permtMton, (eontorraably to tbe n>^
plemeniary embargo law,) in payment for deba
due from iorrign countries. — Agreed to.

Mr. Newtoh proposed a new aeeiion to the
bill for refunding such of the above ilaiiea at
have already been paid into the Treaaory, sab-
ject to repayment, however, on tbe sara« coodt-
lions as other iluiies of the tame deseripiioa.

Some desultorr discuisioo took place on this
amendment; and a motion was inade ihat i»
Committee rise to give time for further consider-
aiioo of ihe subject, and carried ; and the b:i.
was recommittrd to the Commitlee of Con-
merce aod Manufaclurea.

NAVIGATION LAWS.

Mr. Dana observed iliac be had a few daysap
submiued a reiolmion fur authuriziog tbe ovi^
ers of merchant vetsels permitted to arm lo asso*
ciate for cuoiinon defewte i which bad bMH le-

.yGooglc

mSTORT OF CONGRESS.

Dbokmiih, 1S08.

Oaplain Pik^B ExpedilioK — nrtigH Lieemn.

H.orR.

, ferret! to the Gommiliee of ibe WboJe, to whi

1 was referred ihe moiion to repeal the embargo.

[ Mr. D. obierT^tl tital rruels tngagrii in cerlnin
irftde), as in the Bast Indiii irkde, were already

I permilled to arm. He wished that a general
law should be passed auihoriZing the owaen nf

I ittch Teisels to associate for camoion defence, la
keep off pirates ia lime of peace, or belligereai
■!saul[ in line of war- It was a resoluiioa
wholly UDcoanecled with the repeal of the ea-
bargo; he tberefare moved that the Commiilee
of the Whole be diwharged from tbe further
con li deration of (he resolutioD.— Agreed 10, and
referrnl to Messrs. Dana, Qdihct, UcCkbibt,
Udhpord, and Sat.
Oo moiiOB, ibe Uoom adjooned.

Wednesday, December 21.
Mr. Thomas nreaented (o the Hooceoertai
proceedings of the graad jurf of Ibe eoiinlf of
Randolph, in the Indiaaa Territorr, st a cireuir
court held in and for the aaid coudiv, ia the
month of Nurember lait. atating the hardahip!
and inconvenlencea lo which ihe persoos compo'
ling ihe said grand jurr, snd utlier fnhabiiantn
of ihe couQif fforesaid, have been aod are now
suhjeeted, in consequence of their cnnnexioD
with the people aiiaaied in that pan of the Ter-
ritory eastw.ird of the river Wabath, aad prn^>
ing siuch relief in the premiaea ai to the wisdom
of Con^rets shall aeem meei.— Referred to the
committee appointed, the thirieenth ioaiant, to
ioquire into Ihe expedieDcy of dividing (he Indi-
ana Territory.

On motion of Mr. Barebb,
SetalacU, That ibe Committee of Commerce
and Manufactures be directed to iaqaire whether
may alteration or amendmcDt of an aot passed
last session of Coogresa. entitled "An set for
erecting a li;bt-hou«e oo tbe south side of (he
;:iland Samrto, end for placing buoj^sand beacons
in several places," b« oecessary, id order that
said act may comport with (ha several petitions,
OD which said aei was grouaded, and report such
an amendatory bill as may be necearary.

Mr. 8 TO BT presented several petitions on differ'
eot subjects. Amongst ihein was one from tbe
inhabiiaois of Marblehead, praying furiberbonniy
on their fish. In introdueiog this petition, Mr.
8. read a letter from ibe petitioners to him en-
closing tbe petition. He moved the referenoe of
(he petition to (he ComiaiKee of Ways aod
Means.— Agreed to.

Mr. D. R. WibLiAHBeipressedhUsRiisfaetioD
at (he le(ierjas( read; and observed (hat he w>4
rejoiced to hear that their fiib was got aUtpoiUd
with keeping, as bad'heeo to often predicted and
asserted.

Ad engrossed bill to revive and continue the
authority of the Commissiuners of Kaskaskia,
was read (he third time, and passed.

An engruised bill auiborizing the proprielor.i
of squares and lots in the Ciiy of Washington
to bare tbe same subdivided, and adiuided (o
record) was read the third time, \ni ptssed.

Ad engrossed bill fur (he relief of certain per-
sons iheri-in mendoned was read (he (bird time.

Smolved, That (he said bill do pass, and (bat
(he title be, " An act for (he relief uf William
Whi(e, and others."

CAPTAIN PIKE'B BIPBDITION.

On modoD of Mr. J. Mohtoomeby, the Honae
resolved ii«elf into a Committea of the Whole,
on the bill making eompeasaiioB to Z. M. Pike
and his conpaoioDs.

fTbe first section of this bill grants to Capltiii
Pile and bis compaDiooa a certain quaDtity of
land. Tbe secoDd seoiion allows tbem doubls
pay during (he (ime they were eagaged in ex-
ploring the Western country.]

Mr. Stanpobd moved to strike out the first
section of the bill; which waa negatived— S3
to 38.

The second seetioD was stricken out— 4S (o %.

A considerable deba(e took place on this bill,
inwhich Messrs. MoNTaoMEaY,Lvon,aDd Alek-
ANDER, sujiponed the billj and Messrs. Macoii,
Ddbell Stahpoho, and Tallmadob, opposed it.

The bill being gone tbtougb, v(u reporlett to
the House.

Thursday, December 2Z.
A message from ihe Senale informed the Honts
thai (be Si^oate have passed a bill, enlitlrd " An
act to enforce and make more effectual an act,
entitled 'An act laying an embargo on all ships
and vessels in the ports and harbors of the UnitM
3ta(es,' and the several ae(i supplementary ihere-
10 ;" to which they desire the concurrence of tba

Mr. Lewis, from the Committee for the Dia'-
trici of Culuiabia, presemed a bill authorizing a
lottery to raise' a sum of money for (be parpose
of dnisbing a church in the City of Wasfaington,
ie District of Colvnlbla, for the nse of the
Episcopal CongregatioD in the said city ; which
was read (wice,'aad eonmitted lo a Committee
uf tbe Wbole on Friday next — 4S to 35.
FOKEIGN LI0EN3EB.
Mr. Newtoh reported a bill " (o deprive, in cet-
ain cases, vessels of their American character,
ind to preveitt, under certain di9abiliiies,aoy cit-
zen of ihe United States taking a license from
iny foreign Power to navigile tbe ocean, or to
rade with any other foreign and indepeodettt

[The first section of this bill provides (hat every
ship or vessel which sailed for a foreign port or

place on or before ihe day of ISO ,

' all, in ca;e such ship or vessel shall not return

some pori or place on or before the day of

— 1909, forfeit and lose all the benefits 'and
ivileges appenhining to a ship or vessel of tbe
liled Slates, &c. ; provided, such vessel be not
laineJ bv capture or by nn embargo, and when
ilelaineil shall relurn so soon as released.
The second aeciion provides, thai if any citizen
of Ibe UniieJ States shall solicit, (akc, aceep[, or
use, or suffer any parson ac(iag ttader hit ix ner

.yGoogIc

90S

HISTORY OF CONGRESS.

H. or £.

Enforeemtnl of the Embargo — Seamen and Atarinet. December, 1808.

a lie

Htboiil^ to loliciT, lake, accppt,
ot petmissioD procured froni any Corelga Powci
whalsoeTer for bis or her vesiel lo pasi to, or trade
wilh,BDy foreign aod indepeodent Power, *ucti
pfrEOD shall be considered ai baviog commilled
a higb oSetice ; for ibe eominissioa of which he
or she shall forfeit ihe right aod privilege of
owning; or na7if[«ting ever aflerwards Hoy vessel
pantuant to the laws of the United State)!. This
acciion to commeDce and be in operaiion from

and after ihe day of 1809.]

The bill was (nice read, and referred to a Com-
mittee of the Whole.

Mr. Oabdner. after a few pretklory observi-
tiona, in which he stated his wish lo obiaia a di-
rect decitioQ oD the quesiian of the embargo, and
hia anxiety and thai of his consliluents, that it
ahould be repealed, and (hat the parting word
from bis neighbor! was, '' for God's sake take o(T
the embargo before you relurn," proposed the fol-
lowing resolutian:

Baoktd, Thai the icta li;ing an ombargo an all
tbs shipi and veiMli wilbin the ports imil hurbors ol
the United Slate*, and tbe Eeveril icli supple men tar;
thereto, be repealed od the first of February next.

The Speaker declared ibis motion to be oul
of order, a* a similar moiioa wa» already before a
Commillee of the Whole.

ENFORCING THE EMBARGO.
A bill from the Seoate for enforcing and mak-
ing effectual the embargo lawi, wai read the first
time.

It wai then read (he !<econd time — ayes 79—
■od referred to a Committee of ibe Whole.

On ihe question, for what day it should be ihe
order, Mondav, Ihe most distant day, was nega-
tiTed— 55 to 47,

To-morrow and Saturday were then named.
[The question must, by the rules of (he House, be
taken on the moat distantday.]

Ur. Q,uiNCT called for tbe yeas and nays
the question whether It should be postponed till
Saturday.

On this motion a short but warm discussion
mrose, in which Messrs. SutLiE, Epfes, and Ba-
con, opposed the pai!lponenient, as it would serTe
no purpose but lo delay enforcing the measure :
and Messrs. Gabdenier, Elliot, Quincv, Lit.
SBHORE, Sloan, LvoN, Macon, and Dana, sup-
ported the postponement till Saturday, it) ordei
to give time for full consideration aod examiua-
tioB of tha bill. Messrs. Oardenieh, ELLtoT
^incY, LivERMOBB, LvoN, and Sloan, dc
nounced the principles of the bill itself.

It was made the order of the day for Salurday
in preference lo Monday— 61 to 5S, as follows :
TsA*— Evan AiexsDder, Jds. Barker. Jahn Blaki
jr.. John Campbell, Epapbioditua Cbampion, Mutin
Chittenden, John Culpeper, Samuel W. Dana, John
Davenport jr., Daniel M. Durell, James Elliot, Wil-
lum Etj, Barent Gardenier, Frands Garilner, James
M. Garnett, Ednin Gray, Iiaiah L. Green, Jobn Har-
tia, William Helms, Reuben Humphreys, Daniel lis-
hj, Richard Jackson, Robert Jenkins, James Kelly,
Joae^ liewis, jr., Edward St Los LiTGrmore, Edward

Lloyd, Matthew Lyon, Nathaniel Macon, Robert Ma-
rion, William MilDor, Nicholas R. Moore, Jeremiah
Morroff, John Morrow, Jonathan 0. MomIv, Gordon
S. Mumford, Thomu Newbold, Timolbj Pitkin, jr.,
Joiiah Quincy, Samuel Riker, John Rotaell, James i
Sloan, Samuel Smith, Henry Southard, Richard Slan- |
ford, William Stcdman, Juieph Story, Lewis B. Sturges,
Fetcr Swart. Samuel Tag gart, Benjamin Tsllmadge, |
John Thompson, Abram Trigg, Jsbcz Upham, James
L Van Alen, Philip Van Cottlandl. Archibald Van ,
Horn, Daniel C. Verplanck, Isaac Wilbour, Daiid R.
Williama, and Nathan Wilaon.

Willis Alston, jr., Eukiel Bacon, Dafid
rwoll Baisetl.Willism W. Bibb, Wiiliao
Blackledge, Thomaa Blount, Adam Bojd, John Boyle,
Robert Brown, William A. Burwell, William Butler, !
Joseph Calboon, Matthew Clay, John Clopton, Rich-
ard CutU, John Dbwboii, jDsiab Desne, Joacpb De-
John W. Eppes, Wm. Fitidley, Meshsck Fnoklin,
Thomss Gholson, jr., Pelerson Goodwyn, John Heis-
ter, James Holland, David Halmes, Benjamin How- ,

' ' bB O. Jackaon, Richard M. Johnson. Wahn
Jones, llionas Kenao, William Kiritpatrick, JcJm
Lambert, John Lovs, William McCreery, Daniel i
Montgomery, jr., John Mantgomery, Thomss Moon^
Roger Nelson, Thomss Nswton, Wilson C. Nicbidas, !
John Rea of Fenniylrania, John Rhea of Tenneaat, I
Jacob Richarda, Matthias Richards, Lemuel Sawyrr, |
Ebenezer Seayer, Samuel Shaw, Dennis Smell, Joha
Smilie, Jedediah K. Smilh, John Smith, ClemsBl
Storer, John Taylor, George M. Troup, Robert Wbils-
hill, and Richard Winn. ^

SEAMEN AND MARINES.
On motion of Mr. Nelbon, the House resolved
itself into a Committee of ihe Whole on tbe bill
authorizing the President of the United States to
employ aij additional number of seamen and ma-
rines. To ihe same Committee was referred ihe
bill from the Senate to fit out nil the frigates. &C.
Mr. Nelson stated thai tbe Presidetit had al-
ready authority to fit out the vessels of the Uni-
ted Stales, hot was authorized to employ but
1,426 seamen. Ii was now proposed to fit out
171 gunboats and ten small vessels of war, for
whieli purpose 2,000 seamen and marines and
proportionate midshipmen and corporals were

Mr. Story moved thai the present bill lie oa
the table in order to take up Ibe bill from the
Senate ; which was negatived — 53 lo 38.

Mr. Newton moved to insert 4,440 seamea,
wishing at ihi» lime to strengthen tbe Executive
arm, to give authority (o employ all our vessels;
which was negatived — yeas 36.

It was agreed to iusert 2,000 — yeas 71.

The principle of the bill was supported by
Messrs. Varnum, Newton, Nelson, and Stobt,
and opposed by Messrs, Macon, Holland, and

D. R. WtLLlAMB.

It was urged on the one hand that the nation
should be placed iu a compleie slate of defence,
and all, (he active force of the nation be called
into action ; and on the other, in addition lo the
general arguments against a naval force, that tbe
proseni embargo ana non-intercourse system was
at variance with a system of active prepaniion ;
I that if one \ti adopted, the other is iiDiiecei»ry.

.yGoogIc

HISTORY OF C0N8RESS.

906

December, 1808.

Domestic Salt—Seamen and Marina.

H. o

The blank for tbe appropriatioa was fitted witb
51.649,895 98.

The Committee row and teporied the bill, and
obiBioed leave lo ail agaio on ibe bill from Ihe

Senate — yeas 61.

FeiDAT, December 23.

Ad eogrotaed hill authorizing the appoialmetil
and«mploynieiil of bd adJiiioaal namosrof navy
officers, seanaen. and mariacs, was read the third
time, and passed.

Mr. Newton, from the Camraittee of Com-
iD^rce aoJ Maauracturea, presented a bill author-
izing the issuing of debenlurei in certain cases;
whioh was read twice and committed to a Com-
mitiee of the Whole gn Tuesday aexl.

DOMESTIC SALT.
Mr. Bdrwell oRered the foitowiog reiblulion =
Resolved, That it a expedient to inquire into the ex-
tent to vhtch the arUcIe of aalt a Or cbd be supplied
fram the salt estiblidunenta viithin the United States;
and Ihat eHectual means hs immedtatelj taken to pro-
cure a supplj eqaal to our eonaumplion.

Mr. B. observed that it would be perceived bf
the House that the object whioh he had in view
was 10 inquire into the capacity of the Uuiied
Stales (o produce au article of our consumpiioa
so essential that it could not be dispensed with.
He beticred It to be a fact that in some pans
of the United States salt existed to a great extent;
thai in the Western coanlry there were saline
springs which produced better salt than that im-

Cortad. In Ihe Stale of New York, particularly,
e had been informed Ihat salt was sold at those
salines at oue dollar per. bbl. of five bushels. The
reason why so muoli had been heretofore itii'
ported was, that vessels going to Liverpool with
our heavy produce, brought back salt as ballast.
He did not believe that ibe scarcity of thi; ar-
ticle, spoken of by the genilemaa froiD Massachu-
setts (Mr. LivEHHORE,} the other day, did exist.
TJiQ. quantity in the country was found by the
specufators far to exceed that spoken of; and the
ascertaiaiog this fact bad arrested their opera-
lions — salt baviiig fallen io Baltimore to 80 or 85
cents a bushel.

The resolution was adopted, and it was ordered
that the committee to be appointed do consist of
seven members.

A motion was made by Mr. Oardenier, that
the House do reconsider their vole, directing that
the committee appointed, pursuant to the fore-
going resolution, shall consist of seven members;
and the question being taken thereupon, il was
resolved in the aSirmaiire.

A rooiion was then made by Mr. Oirdekier,
that toe commillce on the said resolution do con-
sist of seventeen members: and the question be-
ing pot thereupon, it was resolved in the affirma-
tive. And Mr. Burwell, Mr. Kircpatrick, Mr.
LivERHORE, Mr. Blackledgb, Mr. Jacob Rich-
ABDB, Mr. MosELT. Mr. Lambert, Mr. NtcaoLAs
R. Moore, Mr. Storbr, Mr. Jeremiah Morrow,'
Mr. Troup, Mr. Lemuel J. Ai-bton, Mr. How.

ABD, Mr. Samuel Smith, Mr. Whahtoh, Mr.
WtLBotiR, and Mr. Sbaw, were appointed a com-

iitee, pursuant thereto.

A moiioo was made by Mr. Garoneh, that the •
resolution proposed by Mr. LrveRMORE, on the
jeventeeotb instant, for the purpose of granting
permission to certain ves.sels to "clear out ana
depart from the pons and harbors of the United
Stales for ihe purpose of importing salt," be re-
ferred to the committee last appointed: and the
question being taken thereupon, it passed in the

The said proposed resolution was then again
read at the Clerk's table, and agreed to by tha
House, in the words following, to wit:

Raolved, Tha» the Cominiiiee of Commerce
and Manufactures be instructed to inquire into
the expediency of allowing certain vessels to clear
out and depart from the ports and harbors of Ihe
United Slates, for the purpose of importing sail ;
and that they report thereon by hilt, or otherwise.
SEAMEN AND MARINES.

The House proceeded to consider the ameod-
menta reported on the twenly-iecond instant,
from the Committee of the Whole, to the bill,
entitled "An act aolhorizing the appointment and
employment of an additional number of Nary
officers, seamen, and marines." which lay on the
table: Whereupon, the secona amendment, to fill
up the blank in the eighth line of the bill with
the words, ''thousand," was, on the question put
thereupon, agreed to by the House — yeas 77,
nays 29, ax follows:

Yeii— Evan Alexandar, Lemoal J. Alrton, WiOii
Alston, Jan., Jowph Barker, Burwell BaiMtt, Thomas
BIduqI, Adam Ba;i], John BojIb, Babert Brown, WH-
liatu A. Burwell, William Butler, JoMph Calhouit.
Gaurge W. Campbell, Mattbew Clay, Joho Clopton,

Fiak, Meshaek Franklin, James M. Oimelt, T
Ghalson, jr., Peterson Goodwjn, Edwin Gray, John
Heiatcr, David Holmes, Bei^&min Howard, Raubrai
HiuDphreyi, Daniel Ilsley, Richard M. Jahnaon, Waltar
Jones, Thamaa Kanao, Williim Kirkpstrick, John
Lambert, John Love, Robert Mnritm, Daniel M<hiI-
gomerj, jr., John kloolgomer;, NichoiM R. Moore,
Thomas Moore, Jeremiah Morrow, John Morrow, Gui-
don S. Mumfbril, Roger Nelson, Wilson C. Nichobaa,
John Poitsi, John Pugb, John Rhea of Tenneaaee,
Jacob Kichardi, Matthias Richards, Ssmusl Riker,
Lemnel Sawyer, Ebeneier Seiver, Samuel Shaw,
J am Gi Sloan, Dennis Smelt, John Smilia, Jsdediah E.
Smith, John Smith, Samnel Smith, Clement Storer,
Peter Swart, John Taylor, John Thompson, Qnngo
M. Troup, Jamei I. Van Alen, Philip Van Co^tlaad^
Daniel C. Verplenck, Jean Wharton, Robert White'
hill, Isaac Wilbour, Aleaander Wilson, Nathan WU.
son, and Richard Winn.

Nats— Ezekiel Bacon, WiUiam Blackledge, JiAs
Blake, jr., John Cumpbell, Epaphroditns Champion^
John Davenport Jr., Joiiah Deane, BirentGardelUMr,
Francis Gardner, Isaiah L. GresD, WUliam Ueloia.
Richard Jackaon, Robert JenkiiM, Joseph Lewis, jiia,
Edward Llojd, Nathaniel Macon, William Mllnor,
Jonnthan O. Mosely, Thomas Nawion, Timothy Pit-
kin, jun., Richard SUnford, William Stedman, Jouph

.yGoogIc

907

HISTORY OP CONGRKSS.

908

H. opR.

Daniel Gitlon—Fhreigit Relaiiaat.

DsoEHacB, 1608.

Star;, L«wU B. Sturgct, Brnjamin TilloitJgc, Abrtm
Trin< Jabci Upham, AicbibMd Van Ham, and UbtuI
B. WilliuDi.

The oibcr amendmeiila reporied Trom the Com-
* miltee or the Whole being twice lead, were, oo
ihequfation severallf puL ibereupou, agreed to
by the House.

A new Sfcljon to the bill was oflered by Mr.
Story, autboriiting (he Fresiilent to liire suodry
Teasels to enforce the embargo and revenue lawa,
and appropriating money for the purpaae.

The Sfeakeb said il could not be in order, as
all bills having appropriations of money must
preTiousIy be discussed in CoiomiKee of (he
Whole.

Mr. Stoby wi(hdrew the anjendment, obaeiv-
iDg that on refltciion, hia objeci could be me( by
the bill on (he subject Truni (he Seua(e.

Mr. D. R. WiLLijtKB made a Tew ubservaiions
in opposition (o (he bill; siaiing that the idea ot
Daval defence wai ridiculaDs and Tutilr. If gen-
tlemen were for war, he would go with them
with all hii son! at (he proper time ; but did not
like these half meaaurea. If the Houae went on
ia ibit extrafagaot manner it wouid lead the
pouniry (o ruin. Loans wonld have to be re-
aorted (o, and they would then be able (o continue
the embargo, which, if persisted in sternly, be
believed would obtain for us beiler terms than
could be had afier the moat triumphant war that
gentlemen could imagine.

The yeaa and nays were taken on engroKsiT)^
the bill for a third reading, and carried — yeaa 93,
Days 17, BB fallows:

Yais — Etiq AlfliandsT, Lemnel J. Alston, junior,
Eiakiel Bac*n, David Bard, Joseph Ba^er, Burwetl
BiMstt, Wiltism W. Bibb, William Blackledge. John
Blake, jun., Thomii Bloant, Adam Boyd, John Bojic,
Bobett BrowB, William A. Batrvell, William Bntler.
Joaeph Calbonn, George W. Compbc]!. Matthew Clay,
John Clapton. Kiehatd Cutla, John Danaon, Joaiah
Daane, Joseph Desha, Donic] M. Durall, Jamn Elliot,
John W. Eppea, WUliam Findtej, Jas. Fiik, Meaback
Franklin, Borant Usrdenier, Tbomu Gholaon, jr., Pe-
tenon Goodwjn, EJivin Oray, Isaiab L. Green, John
Hanis, John Hsiiler, William Helms, David Holmea,
Benjamhi Howard, Reuben Humphreys, Daniel Ilsley,
Jobn G. Jackaon, Robert Jenkina, Richard M. Jobnion,
Wahei Jones, Thomas Kenan, William Kirkpatnck,
J«hnLambert, John Love, Robert Marian, Will'sm Mc-
Oiaery, William Milnor, Daniel Montgomery, jr., John
MoBtgamery, Nichulaa R. Moore, Jeremiah Morrow,
Gordon S. Mumford, Roger Nelaon, Thomas Newbold,
Thomas Newton, Wilson C, Nicholas, John Porter,
John Pugh, Jabn Rhea of Tonnessee, Jacob Richards,
Matthiaa Richarda, Samuel Riker, Ebenezer Seaver,
Samuel Shaw, Dennis Smelt; John Smilie, Jcdediah K.
Smith, John Smith, Henry Bonthard, (^lament Storer,
Joseph Story, Lewis B. Sturgas, Peter tjwarl, Jobn
Taylor, John Thompson, George M. Tnrap, Jamea J.
Tan Alan, Archibald Van Horn, Daniel C. Vetplanck,
Jawe Whanon, Robert Whitehill, Isaac Wilbour. Alei-
^■deT Wilson, Nethsn Wilson, and Richard Winn.

Njtia — John Campbell, Epaphioditua Champion,
Martin Chittenden, Joha Culpeper, James Holland,
Bichard Jackson, Joseph Lewis, jun., Nathaniel Macon,
~ ' ' Mast«ra,JiinathanO.Haaely,TunothjPilkiD,JT.,

DANIEL COITON.
The House resoleed itself ioto a Committee of
)e Whole, on the report of the Committee of
:ieima on Uie peiittM of Daniel Cotton.
[This is a case \a which the petitioner's vessel |
was chartered by the Uuited States to g-a to
is. Whilst there, she was campelled to go
voyage by (he Bey, (under the authority of i
the existing treaty with the United Stales, which
permits the Bey to use any merchant vessel of
(he United Slates paying therefor a reaaonabU
ipeniBiion,) who paid a certain sum for the !
ner, but not the amount which the service
was worth. The petLliooef' claims the balance
from the United States, as he undertook the voy- i
without a knowledge of, or previous to, the '
eoce of the treaty, and wai> compelled under
that treaty to proceed on a voyage for the Bey,
a loEii lo himself.] |

The report was, af^er considerable discnsaion,
agreed to, 63 lo 30. The Cummittee reported their
agreement to the Mouse, who concurred in it, I
and the resolution was referred to the Commit- '
tee of Claimsi with initructioDs to bring in a bilL

FOREIGN RELATIONS.

The following Message was received from the
President of the United States:
To iht Home of Eepratnlalivei of the UniUd Slatei .-

Aeeordiog to the request of the House of Bepreaeit'
tativoa, in their reaolntion of Noiembei clcventh^that
copies ahould be laid before them of all acta, decrees,
ordeia, and pioclsmationa, aflecttng tha eommercial
righta of neutral nations, iasned or enacted by Great
Britain and France, or any other belligerent Pover,
since the year one thouaand seven hundred and ninely-
one, and also of an act placing the commerce of
America in English porta, upon the footing of the
moat favored nation, I now Iranaoiit thetn a report of
the Secretary of State, of aueh of them as have beea
attainable in the Department of State, and are ^ap-
posed to have entered into the views of the Honse o/
Reprasentatitea.

TH. JEFFEB80N.

D>csmbib33, 1SD8.

The Message, together with the report of the
Secretary of Slate which accompanied thcMnie,
ivere read ; the reading of the remainder of the
documents accompanying the said Message was
called for by Mr. Rhea, of Tennessee, and ob-
jection being made thereto by Mr, Newtow, (he
question was taken, "Shall the residue of (he
said documeoli be now read V and passed in the
negative.

A motion was made by Mr. Algxaiider, that
the said Message and documents do lie on the
table; and the question being put thereupon, it
passed in the negative.

Ordered, That Sve thousand copies of the same
be printed for the use of the members of this

Hou
Oa motioq, the House adjoarned.

.yGoogIc

HISTORT OP CONGRESS.

Decimiek. 1806.

TTie Embargo — Additional Military Fara,

H. OP R.

MoEf D«v, Deceraber 26.

Mr. Holm E8, from th^Conimitlee of Claimn,

pr^woied a bin lor ihe relief of Dsnid Cotton ;

which was renil twice, nnd commitled id a Com-

mitlee of the Whole lo-morrotv.

Mr. Thomas, from ibe comraitlee appointed,
on the fifteenth inslHiil, " to inquire into the ex-
pediency of extendiD^c the right of aufifrage in
tb« Indiana Terriiorf," presented a bill exiend-
tng the right ofiuS'rage in the Indiana TerrltDrf,
■nd for other purposei; ^hich was read twice,
and committed to a Committee of the Whole on
Thofsdny aeit.

The Spbakeh laid before the House a letter
from the Secretary of the Treaaory, transmitting
a siatement of the eatimatcir of appropriaiioDs for
Ibe service of the year ]809; also, a statement of
the receipts and expenditures oflhe United Slates,
for the year ending the 30ih of September, 1608 ;
which were read and referred to tbe Committee
of Ways and Means.

Mr. Barker preseDted a represenlalion of sun-
dry inhabilanla of Hanorer, in the county of Ply-
mouth, and Slate of Massnchu-eits, stating thai
the late appointment of Electors of President
and Vice Presideut of ihe United States, by the
Legislature of that Slate, is irreoular and uncon-
ttiluiional, in cnnsequencp of the railare of the
wid Legislature to lay the same before the Gov-
ernoT of the Slate for his approbation, a» the law
thereof directs ; and praying' that the Congress of
the United Stales, when the Electoral votes are
opened and counted, will lake the suhiecl into
their consideration, and prevent lljeeslabliahment
ef so dangerous a. precedent. — Ordered to lie on
Ihe table.
On motion of Mr. Wharton,
On^/vcf, That thesereral memorials oflhe of-
ficers of the late Revolutionary army, nresenied
[p ibis House the first, seTenlh, and iwelrih inst.,
be referred to Messrs. Wrarton, Seaver, Helms,
J. Morrow, Jobn Campbell, Stahpohd,Tho-
■A* HooRE, Heistcb. and Winw.
Mr. Stort offered tlie following reioluiion :
Sai^Btd, That a aommitlac be appointed to eonsider
wtMther anj, and, if any, what amendment! are neces-
mrj to the act, entitled "An act for the puniahment of
certain crtmia afBiait Iha Coiled Slain," nilb litxrly
to report bj hill or otherwiae.

Mr. Stanporh inquiring as 10 the precise ob-
ject of this resolution,

Mr. Stohy replied, thai his object was merely
to define certain crimes now loosely defined, and
10 provide a punishment for some crimes
eomrailied with impunity.

The resolution waa adonled— ayes 85.

Messrs. Story, Dana, Nelson, Trodp, and J.
Q. Jackson, form the committee.

Mr, G, W. Campbell, from the Committee of
Ways and Means, presented a bill to continue
in force, for a further lime, the first section of an
act, entitled "An act farther to protect the com-
merce and seamen of the United Stiles against
the Barbary Powers j" which was read twice, and
eommitied to a Committee of the whole House
to-morrow.

ENFOBCINGTBE EMBARGO.

The order of the day on the bill for enforcing
and making more effectual the actlaying iheem-
bareo, and theseveralactssupplemeaiarv thereto,
■leing called fur-
Mr. Newton observed that be wished to expe-
iie the paisBse of the bill, and, as amendment*
cere contemplated to it, he movtjd that the Com-
niilee of the Whale be discharged from the bill,
nd that it be referred to a select committee.
After a short discussion, the motion was aega-
tired — ayes 34.

The Houw iben resolved itself into a Comoait-
leeof the W4ioleonlheb>ll.
Mr. Elliot moved to strike out the firataeo-
)», and spoke at length in support of the mo-
iii, when the Committee rose without having
irne to any decision — ayes 53.
Mr. Fjsk wished leave to kit again to be refus-
I, ia order lo refer the bill to a select committee.
But [he Committee obtained leave to sit again—
33 to 42. ■

ADDITIONAL MILITARY FORCE.
Mr. Nel'Bon from the committee towhom was
referred so much of the Message of the President
of the United Staiet' as relates to ihe Military
and Nival Establishments, and to whom was
referred on the 17ih insL a resolution for placing
the country in a more complete state of defence,
lubmitted the fallowing resolution, in part:

Rttoletd, That it ia expedient immediately l» raise,
arm, and equip fitly thousand lotanteeti, to Mf^v far
the term of two years.

The folloiving is annexed lo ihe report :
"Will it not be idviiaLle to propoae raisin; fifty
thounnd volunteeri, to be engaged for two yean, and
to aerve, if required for actual aorvica, my praportioa
of the term, not eiceedtng twelve months, ivithin the
term for nbich they shall be engaged 1 each non-4«m-
miHioned officer, mosician, and private, to lecetve
ten doHara bounty, and each commiaaionBd officer to
receive one month'a pay vrhen appointed; and the
whole to receivn pay and rations when attending mua-
ters, Bi well as when in actual service; the non-com-
misaioned officers, musicians, and privntM, to be armed

piir of ihoea. and a blanket; and if called i>

service for Bi>y term over three months, to receiveother

articlea. of clothing in proportion to the term of service,

not eiceeding in the whole (including thOEo Grat re-
ceived) what arc allowed to the soldlerB in the regular
army for one year. The whole to be muatercd and
exercised in companies four days within tbe two firat
months sdcr being engaged, and all days in each suc-
ceeding year, and to meet and encamp in their respect-
ive StatcB and Territories, thirty days in each year ; no
man to be enlisttd into any company, whose place of
residence shall not be within a reaeonablo distance from
the company parade to which he shall belong.

"A suitable number of Inapeetors to bo appointed by
Ihe President of the United States, to direct and in<
spect the eicrciae of the troops when encamped, anil
to give directiona for the drilling and eien^iae of the
companies, and to direct and receive all rctm'ns, mua-
tei and pay rolls, to be tranamitted to an Adjutant anil
InapecloT General (to be app<nDted by the Preaideat of

.yGoogIc

Ml

fflSTOEY OF CONGEESa

H. or R.

Non-Inlereotttte.

Dbobhbbb, 1808.

ths United 8ta(M) who ibitl giv« general iiutnietion*
•to all lUb-IaipocUir*, for ihe drilling, elerciu, diacip-
Uns, and polico or ihe voluntecri when not in actunl
■enice. The officetf to be anpuinletl and eommiii
«d by the Preiident of the United SUtei. The

Ced corp* to include as many of the volunteer! who
e oiTEred their lerTiccB under the act of S4tb Feb-
«ii»Ty, 180T, »« shall engage in the volunteer army now

Kropoied. The vrhole to coneiaC of forty-four Ihouaand
ifantry, three thauaind artillery, and three thouaand
nSeioen, to be organiicd into rompaniea of one hun-
dred eai^, incladinH offieen, legimenla of one Ihou-
aand, brigidea of five ihouaand, and diiiaiona of ten
ttioaaand each, to haie the uaoal atalT, including 8ur-
geona and Mataa; the Bnrgeona and Matea to attend
Ihe annual encampnient and actual aervice, and lo re-
ceiTe pay otily for their actual serTicea, at the aame
rata ia allowed to Regimental Surgeona and Matca in
the other corpa of the Army ;

Pa}/ per month.
6 Major Generala - $166 830
10 Brigadier Generala - 104 1,040
60 Golonela - • IS 3,TA0

&0 Lteulenant Golonela 60 3,000
60 Majora ... 60 3,600
600 Captuna ■ ■ 40 30,000
fiOO LiaatenaDla • • 30 16,000
600 Enaigna - - 30 10,000

60 anrgeon* - - 46 3,SG0
60 Surgeona' Malee - 30 1,500

69,870

2,000 Sergeanta - - 8 16,000

3,000 Corporala - - 7 14,000

1,000 Muaiciana ■ ■ 6 6,000

43,600 PriMtea . . - 6 217,600

— 263,500

Per month - 313.370

%i moBtha' pay for the commiaaioned offi-

cara $134,707 GO

1) moniha' pay for the non-com miaaioned

officers, mnaiciana, and priTale* - - 316,876 00
1} montha' aubeiitenco of the commia-

uoned ofScera, at SO cenU per ration - 3G,S87<H)
1} moBthi' anbsiatenca of the non-com-

miaaioned offieera, Ac, at 16 centa per

ration 378,813 60

Clothing for non-com miaaioned officen,

dec, at $14 each - ■ - -670,000 00

Bounty for non-com miaaioned ofGecra, at

910 each 488,000 00

TenU and contingent eipenaei per year - 160,000 00
2,083.983 60

g.900,000 00

Referred to a Committee of the Whole.
NON-INTERCOURSE.

Mr. G, W. CiiMFBELi.. from the Commitiee on
DOT Foreign Relalions, to whom tvas referred ibe
resolution lately passed by this Hou-se on the sub-
ject, reported a bill lo inlerdici comrnerciil inter-
course between [lie Uniled States aod Gieai Bri-
laio kDd France «od tUeit dependeociea, and for

other purpoaea. — Twice read, and referred to a
Commitiee of ibe Whole on Wednesday next
[Tbe following are ilm prominenE features of

Exclusion from the bBrbors and waters of the
United Statea and Territories ibereof, of Ml pub-
lic ships and vessels belonging lo Great Britain
or France, or lo any other beriigereni Power or
Powers haviog in force orders, decrees, edicts, or
law», violating ibe lawful commerce or neutral
rights of the United Slates, exceptioff vessels
forced in by sttesis of weather, pursuit of an ene-
my, .lucb B9 are charged wiib despatches, or buai-
ness from their Govern menls, or packets bating
no cargo nor merchandise on board. The Presi-
dent is authorized to expel by force all sucfa ves-
sels as contravene this regulation. A penalty Dot
exceeding ten thousand dollars, nor less than one
hundred dollars, and impri^ooraeot for not less
[hao one month, and not more ibao one vear, upon
all persons affording assistance to vessels eoterjog
contrary io the law, excepiingin case of piloting
[bem out of the jurisdiction of tbe United States.
Auiboriiy lo seize and condemn, after a certain
day, all vessels and their cargoes, bearing the
French or English flag, or owned in whole or in
part by any citizen or aubject of either, wbieh
may eoler the ports, dtc, of the Uniied States,
4^., BKcepling only reasels expressly hired tocon-
vey despatches, such as pui lo through disireas,
or are chased in by an enemy. Probibiis, afiera
ceriain day, tbe imporiaiioa of any goods or
merchandise, tbe produce or manufBcture of Great
Britain or Prance, or their dependencies, either
directly or indirectly, from any country whatever.
The forfeiture and payment of treble value by

of any xhip, vessel, boat, rafi, or carriage, which
shall receive prohibited goods on board, knowing
ihem to be such, and ibe owner and master mulct-
ed in treble the value ot the articles. Frovision
ihai, if Great Britain or France revoke or modify
their orders or decrees so as to render our com-
merce sufficiently safe, in the opinion of the Pres-
ident of the Uniled Slate::, of which revocation
or modiScaiion, he shall give public notice by
proclamalioo, ibe operation of tbisacl and of (he
embargo acts, shall, so far as relates to the nations
ID amity with her, and having no orders, decrees,
or edicts in force, violating the lawful cummeree
and neutral rights of the United States, forthwith
cease and dettrminei without, however, any te-
mission of previous fines and forfeitures. Ves-
sels bound lo any foreign port or place with
which iotercourse shall have been thus restored,
ate to give bood and approved security, in six
times tbe t'alue of such vessel and cargo, not to
proceed to any foreigu port, nor trade wiih any
country olher than those with which commercial
intercourse shall liave been ifaua permitted. The
President vested wilh power lo extend ihe pro-
visions of the bill to any nations having io foree
edicts, &c., auch as ibose of Great Britain and
France i and all tbe penalties, dtc, of the bill,
made applicable lo them.]

.yGoogIc

913

HISTORY OF CONGRESS.

914

Dboehbbr, 180S.

Payment of IftfneMM.

H. or R.

ToceDAY, December 37.
Mr. Dana, rrom ihe commitiee lo nbom na!
referred, on ihe mealy-lbird ullimo, the peliiior
of Edward Beaumont, prei^entei} a bill for there'
lief of Edward Beauraonl; which was read rwire
and referred to ihe CofDroillee of ibe Wholi

The Speakes laid before ihc kouse a letter
from the Secretary of the Treasury, transmitting
the annnnl statement of the district tonnage of
the United States, oa the 31st of December, 1807;
which were read, and ordered to lie on the table.

The Speaker also laid before the House ano-
ther letter from the Secretary of the Treasury,
transmitting a siateroent of goods, wares, and
merchandise, exported from tbe United Slates,

noDtlis of the year 1BI)7 ; which were read, and
ordered to lie on the table.
Tbe letter IS as follows:

TBiianai DspiaTHtiTT, Z)«c. SG, 1808.
Sia: I bale the honor to transmit liercwith a state-
ment of goods, warn, and merchsndiae, eiported from
the United Statea nominally during Ihe year prior to
the Grat da? of October, 1808; but, in fact, during the
three laat montba of the jear 1807, aubtequent eiport-
ationi having been prcTented \r) tbe emturgo.
The gooda, ware*, and mardiaadiae of domestic growth
or manufacture, included in the atatementa, are es-
timated at 9»,433,Me

And thoM of foreign growth and manabc-
tore at 1S,B97,414

Amsnnling together to - - - - 88,430,960

The artidea or foreign growth or manufacture may
be arranged undei the following faesda, vet :

Fioduce of tbe Kn - • - $832,000

" <> foreat ■ - ■ 1,930,000

•< " afiiculture - - 6,716,000

" " mano&cluTea - 344,000

Uncertain 113,000

I bavB the honor to be, with great reapect, air, your
obedient aervant,

ALBERT OALLATIN.

The Hon. the Sptixia of Ihc Houtt of Rrpi.

The bill for the eontinualioD of the Mediterra-
Dian fund haring been reported, Mr. Tallmadog
moved to poalpone the bill for a fortnight.

Messra. Tallmadoe and LvoN supported the
motion, objecliog to laying this duty in this form,
aa the object for which it was ioiended, by the
title of the bill, no logger required thia revenue.
No objection was made to laying the duty, but
to laying it in this form, distinct from the gene-
ral iocreaie of duties propoied by the Secretary
of the Treasury ; which sobiecl would no doubt
aooD be reported oa by the Committee of Ways
and Meaita.

Messra. Cahpbell and Alston supported the
bill, and opposed the motion for poaioonement, on
tbe ground that t postpon^meni would be eqaira-

leot lo a rejection, the pteseiil law expiring on
the Brst of next month, and that this fund was
wf II undtTslood in the nation under the name of
the Mediterranean Fund, and there was therefore
no reason to change the name. Ii seemed to be
similar to an objection loa man, however estima-
ble, because bis name did not please the ear.

The motion for poslponemeni waa negnlived,
ayes 16; and the biii ordered to a third reading

PAYMENT OF WITNESSES.

Mr. John G. Jackson, from the eommiilee to
whom was referred, on the twenty-first ultimo.
tbe petition of Return Jonathan Meigs, and olh<
ers, made a report thereoa ; which waa read, and
referred to a Committee of tiie whole House on
Mooday next.

The repurt is as follows:

Tbe petitionera state that they attended the court of
tbe United atalea for the District of Virginia, aa wit-
neaaea, in behalf of the Unitod States, on the trial of
Aaron Burr for Ireaion. in the Summer or tbe year
180T; that they tr*Tolled from great and remote dia-
Wncea; and thai their attendance had been nncom-
monly long ; that an absence from their hbmes at that
busy aeaaon of the year had been asTerely injurious lo
them ; and that the allowance made by law was insnf-
ficiLOt lo defray Ihe neeeaaary eipenacs ; and therefore
they pray an additional compensation

In ordinary cases, the committee would be unwilling
lo aanctioo any ianOTatLDn Upun Ibe general law re-
lating to the compensation of witneaaes altendiog the
courts of the United BtBtea; but, in every point of
liew, whether as it regarda tbe erimei charged upon
the aeeUBed,tha eitenaive theatre which they embrao-
ed, Ihe number of witnessea drawn from the moat le-
mote parts of the United Sutoa, ox the length of time
conanmed in the trial, aa well as the manner of con-
ducting it, this was a moat sitrooidinaiy one.

In ordinary cases the witneaaca live in the vicinity
of Ihe courta, and are not exposed to heavy aacrificea
in attending thom. In Ibia eaae they are compelled lo
travsl great distances, varying from four hundred to
one ihauaand three hundred roilea. The committee
conceive that the principle ia oniveraally correct, that
the personal aervicea of no man aball be compulsorilj
required without a reaaonable eompenaatian given U>
him ; and, therefore, that tbeao witneaaea are entitled
to il. They have been, however, not only compelled
lo give their attendance without anch compenaation,
but to expend their own money likewiae.

In looking over the laws giving compenaation to
wilneasaa, the eommittee find that those who attended
the impeachment of Judge Chase before tbe Seoate
were allowed throe dollara per diem for their attend-
ance, and twelve-and-a-half cants a mile for travelhng
lo tbe place of trial, and ihe same for returning. If a
departure from the rule fixing the allowance to wit-
neaaea was proper in that caae, it ia eqoally so in this,
aa the distance which the witneaaca on the trial of Burr
had to travel was further, their attendance waa longer,
and the expcnaea incurred by them necessarily aa gnat.
The venire snmmoned from the county of Wood, a
distance of 400 milea from Richmond, have also asked
a further compenaation, and the committee see no juat
canao of discrimination between ihem and tbewitneaa-
as. They therefore recommend thataforthercompen-
ntioa be allowed to the witneaeea and Mfure men who

.yGoogIc

HI8T0RT OF C0NOEB88.

916

H.OPR.

Enforcing llu Embargo,

Decembbb. 180S.

■ttaiulcd the tiialof Airon Burr for tiewon berore tha
Circuit Conn of llw UniUd BiKe* for the Virginiadia-
trlcli tnd, in punuatico of that loeommendation, thoj
tik leKva to report a bill far that purpoae.

Mr. Jaoeboh, from the contnaiiite, iheo present-
ed > bill giving a further compeDs^iiun (o the
wiloeasea aod Teoiro who allendeil llie Irinl of
Aaron Burr before ihe Circuit Court of the Uni-
ted States for the District of Virginia; wbicti
WIS read twice, and committed lo a Conmiuve
* of the Whole on Monday next.

ENPORCmo THE EMBARGO.

Mr, JAcrsoK roored (bit the Coramiiteeof iht
Whole be discharged from further considerntion
of thp bill for eaforcing the cmbHrgo, with a view
to refer it to a select committer, to make amend-
■nenta wished by ila friends, which could liot be
made without difficulty in Committee of the
Whole.

Mr. Sloah proceeded to apeak upon the merits
of the bill, when he was called to oider. Mr. S.
•aid, that if he was not in order, he would make
a motion which would aupenede the one now
under consideration, and entitle him to proceed.
He then made a moiioo lo postpone the subject
iod^Gnitely, whioh, although questioned by ser-
era! menibers. was derlareiTby the Speikeii to be
in order.and Mr.SLOAK proceeded, as follows:

Mr. Speaker: I bare observed, that aince print'
era have become so uumeroua in theae United
Slates, they are obliged lo adopt new modea of
publication, in otder to obtain ready sale for their
Wumerable productiona. Tliey frequently hand
out long histories in >hori numbera — for instance.
a bjatory that in one volume would cost five dol-
lars, has much readier sate in twenty numbers, at
twenty-Bve cents apiece. And, as appears from
the progre-s already made, it is pretty well aacer-
tained that the embargo will occupy the greatest

fart, if not the whole time, of the present session,
fa majority of the House is determined to keep
the people in their present ttete of sufiering and
iDspense until Spring, the least they can do dur-
ing the dreary scenes of Winter, will be to con-
tinue diverting them with eloquent speeches, of
all sorts and sizes, from fifteen minutes to four
hours long. But, knowing that tDaakiad is fond
of variety, and betievinf that my worthv friends
ID the majority will have tha hardest task they
tTcr undertook to keep the peopleof these United
States in a tolerable good humor, with the em-
bargo on iheir backs, till next March; although
1 do not perfectly agree with ihem, I cannot give
Ibem up as lost, but, like a faithful friend, mean
to Etand by them to the last gasn, siriiing, ifpos-
siWe, to get Ihem out of the horrible pit into which
thej have fallen, before they perish.

Under these impressions, Mr. Speaker. I shall
proceed[oofffirmysecoodnumber,which I thought
of doing several days- a^o, but delayed it in con-
sequence of a decIaratioD of my woriby fiieod
from Virginia, (Mr.NEWTON,) which rejoiced my
heart more tbao all the eloaueot speeches I have
heard thiasesaioD: it was, that wc (the minority)
kaew that the embargo was never intended aa a

permanent measure; and that they {^e majority)

did not intend to keep it on long, or wordj lu that
effect. In this declarntiun, from s.o high author-
ity. I reposed full faith and confidence, and sus-
pended bffering my second number, in hopes of
seeing the wish nearest my heart of all sublunary
□ hjectn accomplished, in the removal of the great-
est evil wbiclPin my opinion these United States
ever experienced since the Revolutionary war —
I mean the embargo. Bui 1 have hitherto waited
in vain, and must now beg the favor of my wor-
thy friend, the next lime he obliges the House
with hearing the sound of his pleasiag voice —
which I, for one. shall hear with great delight —
lo release my mind from suspense, by i^tving us
ihe proper defioilioo of the word e3^periment,a\ii
also what he meant by the embargo not remain-
ing long \ wliether he meant a few days, or a few
weeks, months, or years. For, permit me to
remind my friend, that if, instead of brini; io his
present honorable station, receiving six dollars per
day, aa he did previous to the embargo, and still
does, he was placed in the situation of thousands
at this time in these United Stales, whose sole
dependence for support is their daily labor, and
who, by that measure, having been deprived of em-
ployment twelve moDtfas, now at the cotniueoce-
menlof Winter look forward with the dreadful
apprehension, that ere the return of veritat bloom,
their tender children ntay ask bread, and they have
none to give, he would consider one day longer
than now he does a month,

Mr. Speaker, 1 have cummitled the purport of
ihts second number to writing, for two reasons —
first, to lessen the labor of our stenographers, and
secondly, because, afier having so long followed
those learned and eloquent membera that have
preceded me, in their sublime and almost supei^
human flights of imagination, it would be dilS-
cnll, if not impossible, for ihem instantly to de-
scend tomy humble sphere, without, in their rapid
descent, falling far tielow it. Hence, I was ap-
prehensive they would dress my bantlinc in coarMi
clothes than it merits ; and every memoer on this
floor knows that it ia needless. Yet, 1 am not
disposed to read it ; for I have long believed that
both religious and political sermons lose much of
Iheit force by reading. But, before I proceed fur-
ther, I will publish my text, which, although very
short, (consisting of but one word.) conveys a
dreadful sound to many thousands of suffering
American citizens— "embargo." I will not re-
peat it; it has become very familiar,and i fcnr very
pleasing, to many who receive six dollara per day
for silling a few hours in this splendid Hail talk-
ing ».\>o<n it; but, very different is ibe situation of
many of our consliluents mtfftring under it. .

Before I left home I expected that one of the
first pages of our journal would have contained
a declaration, tbat this word was proved by ex-
perience to be uocaoooical, and therefore ordered
to be expunged from our poliileal bible; but,
alas! how grievously am I disappointed in be-
holding so great a Dumber of OUT learned Rab-
bins, introdueing Latin quotations, and perhaps
\ Greek and Hebrew, for 1 undtratand none of

^ Google

HISTORY OF OONORBSS.

Decbhber, ]

Enforcing the Embargo.

H.o

them, nod ndducinj; teilimoD)' brought from eve-
ry habitable pan uf the globe lo prove that ic is
not barely canonical, but that oo our strict obe-
dience depends our political sulvatioo, and that
alt who (iifl^r in opiuion are dangerous heretics.
It will be remembered that my surprise and liis-
appointmeot was so great, that I remair]«d sileal
longer than Job's three friends did in days of
yore. We read that, in consequence of ihegrier-
ons sufiVrings of iheir friend, ihey sat silent and
mstooisbed seven days. I sal silent much longer.
QDiil compelled by an imperious sense of duly
to plead the cause of the poor and needy, and
exert my feeble powers in behalf of ibe siaking
liberties of my couotry.

Mr. Speaker, last sessioa my principal text
was, Removal of the scat of aovernmeDt,and
for the ;ime reasoD that embargo is at this time;
because it was iheo, io my opinion, the greatest
evil these United Stales suffered— the Embargo
U now. And as erery wise and just Legi»Lature
will first mend to the greatest grievances of their
coDSliloents, 1 must for the present suspend my
ezeriioQB lo remove the seal of Goreroment, and
appi* them lo the embargo. Id doing which, 1
shall not impeach the motives of those who in-
grafted into otit Constitution the plan of a dis-
trict ten miles square for a seat of Gorarnoient;
nor of those who carried that plan into execu-
tion } nor yet (God forbid ! for I was one) of those
who passed our first three embargo laws. I will
admit that their intentions were good— ibat tbeir
motives were pure- Bui what has been ibe con-
sequence 1 Why experience, that only sure (may
loot say infallible?) teacher, has inconleslably
proved that the principle upon which tbe ten
miles squure is founded, is totally repugnant to
republicanism agd the liberties of a free and inde-
pendent naliou; that whatever its nominal title
may be, however artfully disguised, its essence
and eflect is monarchical, spreading its baneful
inSnence from Georgia to Maine. So has the
embargo. They are twin sisters, in propoitioo
to their power, and equally destructive to the
lasting interest, peace, and prosperity of these
United Stales, with this difierence ooly, that the
Utter is more rapid in her movements, and con-
sequeaily her baneful eQ'ecis al present are more
■en-ibly kU. Well, now let me ask what must
be done? Must these pernicious plans be sup-
ported and coalioued perpetually, because they
originated in pure motives? Does notcammoo.
sense, reason, and justice answer no? TheoOQ-
sammaie folly of weak and vicious Legislatures
has ever appeared most obvious, in the continua-
tion and rigid enforcement of their awn oppres-
sive laws; and, vice versa, the wisdom of virtu-
ous Legislatures, in testing their laws by experi-
ence, and speedily repealing all that were oppres-
sive to the people.

Mr. Speaker^ I shall now ask the indntgence
of the House in some observations upon argu-
menu of members who have preceded me, in
favor of the continuation of tbe embargo laws;
in doiDg which I shall not pursue them through
the deserts of Arabia, or the scorching sands of

Lybia; 1 will not travel with them, either by
land or water, from the lurrid lo (be frigid zone;
I wiJl not, after exploring the known, make a
futile attempt to explore the unknown parts of
the universe, in quest of evidence lo support our
cause. No; that would be n lacit acknowledg-
ment that it was as bad as theirs, iD^^upportai>lc
by domestic, plain, and self-evident facia.

The principal object we now have in view is.
CD Qjea military phrase, to bring the artillery of
divers members that have preceded me to bear
upon themselves, which — if it should bear hard,
let them remember that they have provoked tbe
attack — and to show that some of ibe evidence
adduced by Ihem is conclusive against ihecon-
linuance of tbe embargo laws.

The first I shall tiolice is my friend from Ten-
nessee. (Mr. Rhea,) who spoke next after me,
soon after the commencement of this discussion.
He observed that ni distinction ought lo be made
between rich and poor. 1 ptrfecily agree with
him, and only ask him to reduce his excellent
Chrisliao prtcepls to practice ; Ibal while be sit*
in this splendid ball, receiving six dollars per day,
secure from tbe pierciog blasis of winter, far re-
moved from thehapjessliabitation of want, where
poverty dwells, or even from tbe apprehension of
ihe plaintive cries of a bosom friend ashing bread
for ber tender ofT^tpring where there is none to
give, he Will abstain from making or continuing
in force laws not barely oppressing tbe poor, but
totally depriving them of their wonted means of
subsistence — yea, cutting off from them tbeir
whole staff and stay of bread.

The next observations 1 shall notice, fell from
mv young friend from Virginia, (Mr. Gii]OI.aoN,)
who is cerlainiy entitled to the thanks of this
Mouse, and of the United States generally, hut
more particularly of the merchants, seamen, and
fishermen of the Middle and Eastern Slates.
These classes he has laid under so heavy a debt
of gratitude, that I fear Ihey never will be able
fully to discharge it. I mean his great conde-*
(cension in setting his piolific genius to work to
devise some means to relieve them from their
present suffering situation. Being a great friend
to home manufaciure.', I gave particular alten-
lioD to Uiis truly patriotic and benevolent plan;
which was, if I understood correctly, to turn the
merchants and tbeir clerks, with their powdered
heads, out of the counting-houses, and set them
to ploughing, and the seamen and fishermen lo
KpinniDg cotton — a plan worthy of Ibe author I
But 1 hope my friend will consider it a token of
my respect, if I present for his consideration a
reversal of his plan ; that is, to order the seameo
(whose hands have been used to handiiug th«
tarry ropes) lo the plough, and the other trifling
powder-headed gentry to spinning coitoo, as more
congenial to their former habiis. One more
token of my respect, and then I will for the pres-
ent lake leave of ipy friend from Virginia ; that
is. that nolwitbstanding his plan is well adapted
to tbe meridian of a Government where slavery
and uncondiiionai submission is the order of the
day, he will do well (o consider before he pro-

.yGooglc

919

HISTORY OF CONGRESS.

H.(

Enforcing the Embargo.

ceeds 10 i'Dforee his plan, wheiher it will suit the
meridian of a Govcraracnt whose ciiizens have
not baen theorelically, bul prBclicBlly free, aod
lon^ inured to etnploynieQI of (heir own choice.

Mr. Speaker, I shall now proceed to some
obserratioDs of my friend from Georgia, (Mr.
Thocp,) but muat ask his pardon for not placing
faiio first on the iist of the three Grst mighty men,
that haTe appeared advocates for the embargo;
to this Ftaiion be ia, in my opInioD, justly enti-
tled, for the clear, positive, and uneqnivocat raan-
Dct in which be informed the meoihers of this
House_/ro?7i vihom they had nothing to fear, and
to whom they might safely look up for example.
This information, I trust, will he duly apprecia-
ted, kept in remembrance, and soslrietty attended
to, ai lo prevent the neceEsity of a reperition.
The language^ if I understood him correctly, was
to the lollowiag e&ecl ; that we had nolhing; to
fear from the anti-embargo men, they were too
base and insignifieanl; that be would not appeal
to the anti-embargo New Englaoders, the merest
Shylocks, the depraved of the ciries, and the ig-
Dorantof the coaolry, who would sacrifice [be
honor and independence of the nation for a little
trade in codfish and potash, but lo the people of
Virginia, loo honorable to have been corrupted,
snd too enliehtened to be duped.

Mr. Speaker, as this gentleman has been in-
dulged with liberty to inform ibe members of
this House, and ihroueh them the people of (he
United States generarly, who he would do[ ap-
peal (o for example, and who he would, 1 ask the
same indulgence, with thisexcepliou only: lask
not liberty to make invidious dislinctionabecween
Stales J 1 ask not liberty to mention the names ol
any of them. No ; this has never been my prac-
tice on this Soor, and I trust never will. None
more than myself regret being laid under the
imperious necessity, in support of jusliiie, liberty.
Bad the inherent rights of man, lo say thai I will
never appeal or look up for example to any Stall
goTerbment, under which 346,968 human eoul:
are kepi in a slate of perpetual bondage, and used
as an article of traffic, in common wilh a bale of
goods or a beast of the field. I will never hold
np as an example any Government, where
choicest of all earthly blessings, " liberty," i
tended only to a chosen few, and withheld from
the many ^ where a great majority of those called
freemen, who are compelled in case of war ti
risk their lives in support of the property of tbi
rich, are denied a voice in making the law that
so compels them, or any others. I will never
look up for a model of political justice 10 a State
boasting of twenty-lwo Representaiivea on '

floor, who, nevertheless, at a late general

tilled election, probably took between twenty
■tid twenty-five thousand voles: when on a sim-
ilar occasion a State sending but six Representa-
tives, took upwards of thirty-iwo thousand. And.
finally, until I am convinced that a radical and
complete reformation has taken place, (which
Qod in mercy grant may soon be the case,) 1 will
never look for example to a State which ihe w'
and enlightened author of the Notes on Virgil

described as follows: "In this Stale alone, did
there e»ist so litlle virlue, that fear was to be
fixed in the hearts of the people, and to become
the moiive of their exertions, and the principle
of their government."

No, Mr. Speaker, were I to hold up as an ei-
mple any State government, it should be one
rhere every man who pays tax for the sopporl at
Government, and is called npon when necessary
to risk his life in defence thereof, has an eqnaf
• in deciding who shall make the lawiibat
rn him ; where the power of the poor mio
to guard his ewe lamb, is equal to that of theiieb
over his Bock; lo a State who, having bai eight-
een Representatives on this floor, can nevettbe-
less boast of 111,000 free and independent voters.
Not to a Stale where, if the DeetarBtion of Inde-
pendence is read at all, it is regarded only at a
pleasant song, as sounding brass, or a tinklin;
cymbal; but lo a State where this heaven-bora
language is reduced to practice : "We hold the^
truths to be self-evident, that God haih created
len equal, that he hath endowed them with
certain unalienable rights, among which are life,
liberty, and the pursuit of happiness," Ever
bearing in mind, that not the hearera bul the
doert of the law are to be justified thereby.

I will now, with permission of the House, take
some notice of my friend from Maryland, (Mr,
Nelson,) who, since the eommencemest of this
discussion, has twice favored us with the sound
of ^ixs fiebU voice. He will pardon mjr freedom
in applying to him the appellation or,/rteRd, af ler
charging me with the capita! crime of having
turned my coat — that is to say, I have not always
voted wilh the majority. But really, Mr. Speaker,
if I bad turned my coat as often as that genile-
man has changed his plan of operation, witbia
these three or four years past, it would, by tliii
lime, make a very ragged appearance. I am uld
he isa militia officer. God grant that I may never
be a soldier under htm; for, at this time of life,
he would soon harass me lo death with marching
and countermarching. But, he has eznltingty
reprobated the Quakers' principle. This I con-
sider an act of supererogation. For my own part.
I am free to acknowledge, that, since my acquaint-
ance wilh his Aonor, I have never discovered any-
thing, either in bisprecepts OT practice, that w^ould
subject him to the charge of even the least line-
lure of Quakerism, or ofany other religious soci-
ety. I hope, in thus candidly exonerating my
friend from (he horrid sin of Quakerism, I may
not be considered as derogating in the least de-
gree from his religion, his piety, or his virtue. He
may, for anylhing that I know, bare as larg«a
store as any man, and keep it concealed, from the
purest motives — (hat is, a fear that it might be
contaminated by exposure to the vulgar throng.
But I will fur the present drop religious lopies,
and observe, that the first lime my aiieniion was
arrested by my fricnd'a_^«6fe voice, his sentiments
Bl first were perfectly in unison with my own.
If I understood him correctly, he informed the
House that he had heard so many wrong things
he could no longer keep silence, and reprobaicd

.yGoogIc

921

HISTORY OP CONGRESS.

Dbcehieb, leos.

Enforcing the Emhargo,

H. o

irrilating langua^, or pointed allugioaB to partie-
nlar members. A blessed siste of m\uA, iodeed !
I will QDC hurt bis feelings by styling this Qua-
ker doctriae, but gire it tEe name of good Christ-
ian doctrioe, tending to promote love atid har-
mony. Bui, alas! haw short were the pleasing
sensations I at irst enjoyed. For, la ! those mild
accents, and that liarmmioua ?oice, Iwas hear-
ing with sD-gieat delight, suddenly becaqie rough
and ■ODOTOU!', his visage fierce, aod aspect alarm-
ing to weak nerves ; and in a tone similar (as I
snppose) to that in which be gives orders to his
soldiers, when on dutv, proposed adopting San-
giado's plan, oi Mooa-lelting 1 Thus, suddenly
iranspcrted from the temple of reason to the field
of Mars, I was at first much alarmed, not kaow-
)Dg ho« soon the plan was to be carried into ex-
ecution upon us poor anti-embargo men ; but
after coolly reflecting upon the subject a. few
miootes, my fears abated, and a comfortable hope
arose, that ray friend really meant no more than
to cool the political fevei, by taking some blood
from tba left arm, which I feel disposed to ac-
quiesce in, provided hewill step forward, strip up
nia sleeve, and ondergo the 6rst operaiioD.

But, Mr. Speaker, the next time he rose, his
■ympathetic couciliatory plans were alt laid
aside — the maladies of the body politic were all
to be heated by ami path y—ibc embargo, like
tartar emetic, although producing very disagree-
able sensations, would eventually have a benefi-
cial effect — his martial, heroic ipiril rose to such
a height, that in case a person only gave htm a
gentle pat on the cheek, he, without any further
ceremony, was to be knocked down. Wonderful
change, thought I, how great the contrast between
this plan, and that of running away over ihe
mountains! Hail Columbia bappy land! the
Talor of whose patriotic sons iocreases in piopor-
tion to the magnitude of impending danger I I
congratulate my eonotry en the return of this
heroic spirit, Iwlieving that if the embargo is con-
tinued twelve months longer, it will require at
least one hundred thousand such heroes to enforce
it. One observation mote, which I hope that
gentleman will consider as a token of realfriend-
ship. Although I am no military man, I have
jos^ made human natuie my study ; the result of
which is, that the frozen regions of the North,
the residence of many of those renegade anti-em-
bargo men, would not agree with bis constitution;
but that a mitd and Southern climate is more
congenial to his health, and will probably be a
means of continuing his valiant acts and useful
labors longer in his native soil.

Mr. Speaker, notwithstanding the risk of a
declaration that Sloanism is worse than Barrism;
that 1 arn influenced by Pickering's spirit, and
like the Tories of '76, ought to be put out of the

(Mr. J. MoitTGOUBRY^ whom I have the honor
to sit. near. I say briefly, l>ecaDse my general
rale is to notice observoiioua ofmembers accord-
ing to their merits. I wilt not say that that
member's voice is as stroog and territile s* KooU

Kahn's; nor will I say, that if he had the same
power, he would be as cruel and tyrannical k
despot; but I will sav, that If I understand his
language, it is enlculated for the meridian of
slavery, and belter adapted to the coiBmand of a
Persian army, or to coerce a horde of slaves,
groaning under an inhuman, tyrannical master,
iban to unite together, as a baud of brothers, en-
gaged in supporting the sacred cause of lit>erty
the free and independent citizens of these United
States. I will at present take my leave of him,
with a caution that be will probably at this lime
reject and despise ; but which evenlually he wilt
TCfret he had not timely attended to. "Let him
who thinks he stands strong, take heed lest he
fall!"
Mr. Speaker, I shall neit proceed to notice
meremarksraade by my worthy friend from Ver-
ODt, (Mr. Fjhk,) who siis near me; not for the

construction he puts upon my text embar^-o, we
widely differ. He tells us he cares not how much
England and France suffer— agreed ; but mf
opinion is, that where England and France suf-
fer one grain by our embargo, we suffer a pound.
Yea, 1 am fully convinced, ihal the Britiib Mia-
istry has so high an opinion of the benefit of our
embargo to that nation, that, if paying (ha whole
expense of our Qeneral Qovernment for seven
years woulil purchase a continuance thereof for
thai time, they would gladly do it. But my friend
has adduced a very appropriate metaphor to con-
vey his ideas ; he says the embargo is used by one
parly to ride the other down — granted. The plan
has succeeded and progressed with a rapidity un-
paralleled in any former contest t>etween politi-
cal parties. This old embargo horse, instead of
becoming more gentle and safe to his riders,
growf daily more refractory and dangerous; at
the last Btartiog place he threw many of bia
riders, and was within a hair breadth of ihrow-

igih and beauty, is very sure footed, and

promises fair to be a very safe and pleaseni back.
In fact, from the present prospect, there Is no
reason to doubt but that this old embargo horse
will, at the next starling place, throw a majority
of his riders, .and the young anti-embargo colt
take another set of horsemen, and carry tbent
safely on their political journey. I will now first
take leave of my worthy young friend for the
present, earnestly entreating him to depend no
longer upon bis activity or the eicellenee of bis
horsemanship, but instantly dismount that horrid
old embargo horse, which alone can prevent a
dangerous fall, and mount the beautiful anti-
embargo coll, where he may ride safely.

Mr. Speaker, the esteem t ever had since my
acquaintance with my two worthy friends from
South Carolina, (Messrs. D. R. Williamb and
Tatlos,} who liave spoken upon this subject, in-
duces me at this time to make honorable mention
of them ; my reason for mentioning them jointly
is, ibat a fact stated by one of litem, has, in my

.yGoogIc

HISTORY OF C0N0RES8.

924

E»/bfeiitg the Embargo.

6boghiiii, 1808.

Some uf ihe obncrvaiions of ray friend who
spoke InsI, I shall drsi noliee: As ■ pruor tbat
Ilie emhargo haa aui injured us, be alt'get [hat
there ba-< yet been but few failuref—granted.
Neither doe* one winter produce inaiiy deaths in
a farmer'n stock of caiile; but, were the great
Aulhor of Nature to reverse ita Ufjal course, (as
we do by coniiauing the embargo,) and join two
winters (ogeiher. many would die, aad ihoie that
aurvived be reduced to eitreme poTertv,

Again, if I underatood him correctly, he told
01 be wanted to betpUe/ul to France aad Eng-
land. Whv, really, Mr. Speaker, I could look
with complaisance upon my worthy friend re-
(uroiiig spile fur »pite upon thoie oppressive na-
tions, tiotij he had paid them their principal and
compound iaieresi, if be could do ic in such a

thet

a of

friend's observationi, stripped of ibe flowers of
eloquence, in which he presented to the House a
pledge of his patriotism, end which, when neces-
sary, I hare no doubt he will completely reduce
to practice, went lo show that, in ca» the em-
bargo was raised, as far as res|«cted those ports
not included in the Briiisb Orders of Couacjl, or
French dtrcrees, it would only open for our pro-
duce so contracted a market, as would be worse
tbsn out piesent ailuation. To this opinion 1
will oppose (he positive declaration uf his col-
league, (Mr. Williams,) that if we open a trade
lo a sput no larger than the floor of this Hall, it
would, in fact, be opening lo all the world, by
which mean^ the whole of our produce would
find a market. Mr. Speaker, in this opinion I
perfectly a^ree with my worthy friend — I rejoiced
to hear him make it, hoping it will soon be
realized— believing it would be more beneficial
to the citizens of these United States to have
their surplus produce ooareyed through such a
cbapnel, even if some went to their enemies, lo
those wbd are in want, nod their money, and such

firoduceas we want, returned, ibati lohareiteoi-
ected together and burned.

As my friend has adduced a very appropriate
text from the Old Testament, I will call hii at-
leniioo to two from the New, which, when he
has coiisidered collectively, I hope will change
bia opinion into perfect unison with my own.
The first is a command to feed our enemies, and
Ihe second to do unto others aa we would they
afaould do unto us. When my worthy friend
(whose honest integrity 1 have ever highly ap-
]Woved) shall bare duly coaiidered and deter-
Biined to rsduce those eicellent precepts to prsc'
lice, then I shall be happy to join with him in
his pious determinaiioa-^ihat let others dowhat
they may, we, and our bouses, will serve the
Lur<i 1

Mr. Speaker, two declarBtjons made by tbe
cbairmnn of i!»e Committee of Foreign RelaiioDs
(Mr. Q. W. Oaiifbbll) remain yet lo be noticed.
My reason for deferring them to the last, wasmy
doubu (which atiU icmaio) of being able lo ex-

press my senliraents with tliat moderatian and
charity of which that gentleman's language ap-
peared to me totally void, but which 1 cousider
as eosentially necessary, to promote harmony
amongst members. and support the dignity oftbe

The firai declaration was, " that Ibe oppo^ers of
' the embargo had no other object in view, but lo
'eover the shameful sobmiision they wished to
' reduce the United States to." The second, ihal
" their language means to put Ibe present domi-
' nani party down and put us in. and then we wilt
' tell you what we will do ;" and then proceeds to
answer for them, " that Ihey would do as ihef
had once done before— draw the cords tighter."

Mr. Speaker, that gentleman's conduct, al-
though supported by the irresistible and orer-
whelmine majority with which, ai present, h«
acts, shall not divest my bosom of that charity
for him, which his language eriaces he has not
for rae. I wish to cborish that most excellent of
Christian virtues, charily, which beareth all
things, and which bopeih all thinga. I hope ami
trust that it will ever abouhd in my bosom m* at
present) hoping that the day is not far distant
when ray friend from Tennessee, and the party,
in whose front rank he now stands, will be eou-
vineed that not pur plan, hut their'* is calculated
lo bring these United Slates into a state ofshame-
ful submission. Yes, Mr. Speaker. 1 trust 1 shall
prove, before I sit down, that it has ali«adr

To the second charge, that " the language of
the anti-embargo men is, put us in power ;" 1 an-
swer, they need not even ask it. Let that een-
tleman and his parly persist in their present plan;
let them pass additional laws to enforce more
rigorously the present ; let them raise troops ii»
teasibly for the purpoie of repelling invading
foes; but as Qosnch foes can be fi»und,aad as the
people would complainof the expense of an armf
doing nothing, let their artillery be turned against
those wretehed, renegade, tpse anti-embargo men,
who durst to complain of their suffering uadei
those laws; let every bay and inlet, from one
end to the other of our extensive coast, be aafelj
guarded by gunboats and revenue cutters; let a
cordon of regular Iroopa encircle roond theaa
United States, and the territories thereof, iit soeb
manner that not a single evasion of those cele-
brated patriotic embargolaw* could possibly take
place; let this plan be completely carried into
executionand continued twelre months. In that
case, unless a law should be passed, depriving
the anti-embargo men of their tight of suffrage^
(which would be as just and Cooslituliooal as
the one under consideration,) I undertake, as posi-
tively as that gentleman, to predict, that if any
of the present overwhelming majority should re-
tain a seat in the twelfth Congress, they would
be reduced to a more trivial and insigniGeant

Speaker, I repeal it, the present minority need
not ask to be put in power ; ibe electors would
Deed ao further stimalua than the preasure of

.yGoogIc

HISTORY OP CONGRESS.

026

Dgcembbb, 180S.

EnJiiTving the Embargo.

H. or R.

those Ibw» io bring ih«in to a pull. Thej would
look a» ■nxiouslf for ilie election daj as ibe poor
Elaven uader ihe Jewi«b law did fur the year of
Jubilee.

I ihtll ask Ibe Indulgence of the Houie bat a
few mlr.uies longer to some general remiirks on
Ihe effect of ifae embari^o laws, and of ibe bill un-
der consideration, to which I am impelled by ibe
sacred impulse of my conscience — by my Qrm
allacbment to our present Administraiion, and
by my duty, as a Repretentaiive of the peonle.
to preserre ioTioiably Ibeir rigbts— to say, God
in his infinite mercy graolit may never be passed
into a law. No, Mr. Spenker, in my opinion we
hare passed too many law!< on ihU subjeel al-
ready. Passing the resotuilons reporlrd by nur
Committee on Foreign Relations, has, in the few
days that hare eltp&ed, Iran^ferred an immense
sum of money from the industrious yeomanry of
the country to idle speculators and slock jobbers
of boifa town and country. Is not this fact known
to many members on thii floor? Do tbey not
know that domestic produce has fallen otie-hslf,
and even at than reduced price there js liltl? or
no sale fur it ; and ibatforeign articles have risen
in the same proportion ; and that in coosequence
thereof, in various parts of the Union, where, un-
til ihe commencement of this session, the em-
bargo, if not approved, was borne with patience,
the people now cry with one voice, '' we can bear
'it no lunger — give us anything that the wisdom
'of Congress caD devise ratner than the em-
'hargo!" Bui I have Trequenily been asked, if
these b« facts, why do not the people petition 1
Tbe reason is obvious. The Federaiisis have pe-
licned ; what has been the answer 1 Why ihey
ire eaemies to our Adminisiraiion. who wish to
involve us in war with France, and an allisnce
with England. Nay, firlber, is not every mem-
ber on this floor, who has exercised hts own judg-
ment SB a free and independent Representative
of the people; if in but a linjcle instance that
jadgmenl runs counter to the will of the mijo-
rilv, denotinced as an aposiaie T

Is this qne&tioD aaked With a view of exciting
jealousy, or deceiving tbe people? No, Mr.
Speaker, (o uodeeeire them, to laj before them
a true slatemenl of tbe conduei of their Repre-
seoiaiives. 1 speak expeTimentally. I speak to
a free and enlightened people, who want nothing
but true informatioo lo induce Ibem to act right.
Is there ■ man in these United States, that, in
proportion to his atation, has spent more time
and money to bring about a cfaajige in favor of
democracy, and when brought about to support
it, than I have? If there De, let him come for-
ward and show it. Have I deviated from those
priociplea ? If there be a citizen in these United
Slates that dorit to make such a cbargei let him
come forward and substantiate ii. But what has
been tbe consequence? Last session I opposed the
famouii, or rather infamous court marttal bill — a
bill that I now tuppose was intended as the first
chapter of a slainte book, in which the present
bill under consideration was to have been the
second. That horrid attempt lo lay the futinila-

lion of a military destiolisra failed j and I pray
Qud the second may also.

Bui my oh*ervBtions upon that bill were, by
some who occupy the front rank in the majority,
held up to public scorn, as being my mniden Fed-
eral speech. Why really, Mr. Speaker, if the mo-
tives of the Federalists are as pure ns those which
dictated that speech, I do not consider the charge
dishonorable. I al:^> brought forward a resolu-
tion, fur the purpose of removing the greatest
evil under which the people of these United
States gruaoed— to erase from our statute books,
a principle repugnant to republicanism and self-
governtneni— 10 destroy in its infancy a yoong
vulture, whose nature is such that it cannot be
nonrisbcd and rBi^ed to maturity upon any othai
food but the vitals of liberty— I mean the removal
of the Seat of Governmefli. This conduct, by
another member in the front rank, was publicly,
on tKe floor of the House, declared to be worse
than tbe conduct of the arch traitor, Burr. That
istosny, Ibat barely an attempt to prevent the
rights and liberties of Ihe people from being swal-
lowed up and Lulally absorbed in the vortex of
this masked monarchy, contrary to the will of the
chosen few, who either do at present, or hope in

of deeper die, than the highesi grade in our stat-
ute book, high treason-
Mr. Speaker, sensible that I have trespassed
long upon iheindulgenceortheCammittee, I will
hasten lo a conclusion, first observina;, that 1 have
no language capable of fully expret.iin; my regret
and surrow, in beholding Congress at this time en-
deavoring, when the session is nearly half gone,
to pass a [a w to enforce more rigorously divers lawa
already- passed— the fatiliiy of which is, in my
"'"''" self evident; the loss and burden they

the interest, peace, and happiness of these United
Stales, tlian any that have been passed since we
were an independent ntiiion. Upon the bill no*
under consideration, 1 shall at present only say,
thai if it is passed into a law — to prevent unneces- .
sary expense in nrintin^, and to render it more
easily understood, especially by the poor, ignD>
ram, despicable, renejiade, anti embargo men, upon
whom it is intended to operate— I hope it will be
coriaiied,asii is evident the whole purport could
be comprised in a few words to the following ef-
fect : " That whereas we repose full failh and con-
fldeoculn tbe wixdom, integrity, and ability of the
Presideni of the United Siaies, to enforce the em-
bargo laws i and also to i^soe from lime to ttme,
and to enforce auch edicts as he shall think pro-
per, we hereby authorize and empower him so
to do." But I will not yet despairj 1 will yet
fondly hope, that although Ihia bill has passed
ona branch of the Leginlalure by a great majoriiv,
that the immediate represen la lives of the people
will never sanction a bill, compared with which
the alien and sedition laws wf>re humane and
juBi. Hut should my hopes be blasted in a ma-
jority of mis House giving it their sflnction,
1 will Mill hopa that the wise and juailj ede-

.yGooglc

»2T

HISTORY OF CONGRESS.

Enfardnf tiu Embargo.

Dbobhbkb, 1806.

» Virgin

brftted author of the Ni

ia adTinced agp, (as SQlamoD did in tbe dayx of
jrore) iBrnish and ctat n gloomy shade over [hal
wisdom tbat shone so cunspicuous in his meri-
dinn days, by placing his siKualure to such a bill.
Witli thai respect due to his superior siaiion, I
must request the favor of him first to look over
his Notet, and particularly attend to the followiag
■eatence: "Our interest in to throw open tbe
■ doors orconimerce,and lo knock off all its shac-
' klea,giriDE perfect freedom to all persons, for the
' veal uf whatever they may choose to bring into
' our ports, and asking tbe same in theirs. Tbe
< actual habits of our countrymen attach them to
'commerce. They will exercise it for them-
' selves." I will read it again, because it is a lao-
{uage worthy of the Chief Magistral^ of a great
and independent oation — it is worthy of the atteti-
tion of the Representatives of a great agricultural
and commercial people. We have been frequently
called upon for a plan — here is the principle of a
plan in a few words, the best adopted to the real
imereit of this nation, that ever has or ever can
be introduced. Would to Ood, that instead of
prowling over Don-intercourse resolutions and
sliaining every nerve to devise means to enforce
la w:j. which twelve moDlhs'experienoehas iocon-
(estably proved are not otUy ioadequaie to tbe end
proposed, but, by their long continuance, became
ruinous to the interest, peace, and happiness uf
iha nation, we had adopted' t he Ibregoing principle
of out worthy Chief IVfagisirate, tbe[iroduciion of
his penetrating genius, when a( meridian height,
agreeably to the resolution oSered by my worthy
friend from New York, (Mr. Mumford.)

But we are told, tbal adopting this plan would
be submission lo England — the reverse is the facli
it would exoDerate us from the degraded slate of
Bubmission in which we now Eland. I say de-

fraded state, which, with permission of iheHouse.
will prove, 1 trust, to (he sBiisfaclion and full
conviction of every impartial mind. I( is incon-
testably proved by reference lo official documenis
DOW before the public. First, we have demanded
tbe resloratioo of our impressed seamen, and lo
coerce Great Britain into a compliance with thai,
demand we passed aooo-imponatioo lawj secondly
we rejected a lrealy,as 1 have understood, because
that demand was not fully complied witn. And
thirdly, in consequence of the horrid outrage com-
mitted upon the frigate Chesapeake, our Presi-
dent having issued a proclamation prohibiting all
British aimed vessels from entering our ports, re-
fused to revoke that proclamation, until repara-
tion was made, or at least until a plan was pro-
posed by tbe British En voy, which sliould be con*
■idered adequate to thepurpose. Let these facLi be
contrasted with the offer made by our President
( which was laid before ihisHouse in hispublicMes-
sage) to ibe British Cabioel, that upon the simple
tevocalioD of iheir Orders of Council our embargo
should be raised — so far as respected that nation.
No condition annexed of returning uur seamen, or
making reparation for the outrage upon the Chesa-
peake! Can any rational being, can any man
pos*e«s«d of common aeoie, and not perfectly

blinded by partiality, misundenlao^ this lan-
guage 1 No, Mr. Speaker, it is too plain— so plain,
that be who runs may read, and clearly tiader-
stand. What is its genuine meaning? Why,
when siiipped of its deceptive coveting, and ex-
posed in its real form, it will read thus: "Wear*
convinced, by woful experience, (hat our coercive
plans are futile— that ibev rebound back upon our
citizens, with redoubled I'orce ; that therefore, we
are now willing, if you will be graciously pleased
to uranl us liberty lo renew our former trade
with you, even under all the embarraasmenis of
which we have so long, and 10 loudly complained;
the murder of Pierce, and the outrage upon our
national shin lo the contrary notwiibstanding."

I will not long detain the House with cotnmeDt-
ing upon the answer returned, but briefly observe.
that It was less insulling, and more humane a^d
sympaihising tbau might have been expected
from thai haughty nation. The purport may be
comprised in a few words, to this effect : " Wcare
sorry for the sufiering of your citizens, produced
by your own imprudent conduct; and would
gladly relieve them, were it in our power, con-
sistent with our national honor and dignity ; but
as tbat cannot be done, we must, for the present,
leave you to devise means for yourselves, to re-
tease your cliizens from Iheir present iDcreasing
distress and truly deplorable situaiioa." The
foregoing is not a picture too highly colored.
Would to God, for tbe sake of my suSering coun-
try, thai it was. But ales 1 it is life — it is the ori-
ginal— it is a statement of facts contained in offi-
cial documents gone out to the public, and there-
fore can neither be controverted nor recalled.

Mr. Speaker, in this deplorable situation, let me
earnestly call the aiteniion of the immediate Rep-
renentatives of tbe people, to a serious and all im-
portant queation; a question on which, in mjr
opinion, not only the present, bat future nnton,
peace, strength, and prosperiiv of these United
Stales must depend. Shall the laws passed laat
session, (hat have become so distressing to tbe
people, not only be continued, but more rigoroasly
enforced 1 Will out Government continue the fu-
tile attempt, to compel a great nuibber of our hardy,
brave, and patriotic citizens lo abandon habits
which our worthy President (in the quotation be-
fore addaced) admits to be impossibtel I will
repeat it ; " the actual habits of our countrymen
attach them tocommerce. Tbey will exercise it fot
ibemselvea." Must ihose brave citizen* be driveit
to acts of despair or desperation, either to abandoa
their country, or to evade laws under which they
are unable to live? Must their petitions and
memorials be treated as tbe product of enemies to
Oovernmenl,asBriiishparlIsant, and discontented
insignificant mnlconients, who deserve do further
notice than to have iheir clamors silenced by the
strong arm of Oovernmeot, and iheir pretended
wants supplied bytheapplication of sharp pointed
bayoaetsi I pray iba majority of Ibis Housese-
riously to consider the inevitable consequence of
persisting in this line of conduct. 1 pray (hem
not barely to pause and reflect u^npastcoQdoet,
but imtuediately rediico to prutice the excellent

.yGoogIc

HISTOEY OP CONGRESS.

J>i»BHBBK, 1808.

E»farcmg the Embargo.

precept of oor PrwiJent, containei] in his Sr!>i
iDBUffural speecb. " hajlen to retrace yotir steps ;"
and instead of passing additional laws wliich will
require bd addilional niiiilBry force to execute
tfaem.aad consequently add lo ilie number of those
whose afieciions are already alienated from our
GoTernmenl, repeal those already passed, su far at
least a a to opeo trade lo all Puners and places
that hare heretofure traded rtich us upon terms of
reciprocity. This would evinte (o the world, thai
we are Tcally a juit nation, desirous of doing unto
all mfD, a« we would i^ey should do unto us.
This would not only release us from our present
deztaded siluatioo as it respects our eslernal re-
laiions, but what is infinitely more consequential,
it would restore confidence in our Government, and
peace and harmoay amoBg'our ciiilens. Xet the
merchants of our Middle and Northern Slates,
whose harbors will ere long be bound in Winter's
icy chains, enjoy by anticipation the pleasing pros-
pect of beholding, as soon as they are dissolved,
their cdDTBsK again spread (o waft their merchan'
dise to a foreign port, hoping to receive in return
their niluat prufils. Let the farmers also, through
the dreary scenes of Wititer, enjoy the cheering
hope, thai upon the return of Sul's prolific rays,
calling front earth's fertile womb her innumera-
ble prodoetions, he may find k usual market for
bis produce on hand, and a pleasing stimulus lo
renew cultivation of the earth to produce more.
Thoawould joy and gladness of heart again'spar-
kle in each eye, and Mt smiling on every couate-
Dance. Thus would the inestimable blessings of
peae--' be heightened inioraptnresofdelight. Love
Bnd faaTmouy would pervade the great mass of
our citizens, and unite them together in such a
manlier that in case any of the tyrants of the old
world should invade our peaceful and liappy land,
(hey would soon repent of their temerity — they
would soon be convinced that the conquest of a
free nod united people, governed by just and
equitable laws of their own making, vas a <:hi'
mera of the btaJa that can never bt realized.
Such aline of conduct'Would add more to -the
strength and prosperity of these Tlnited Scales
than ten thousand celebrated, patriotic, flaming
blood-letting speeches delivered on this floor.

Is there an American citizen, possessed of com-
mon sense, who is not desirons lo see so benefi-

e of the people, who would'^not cheei
fully give his rote to produce-{may 1 not say to
restore 7) such a rational milleniura, in our once
happy land? And^viee vena, is there a true-
beaned American citizen, whose blood is noichili-
ed io his Teios, in reflecting upon the horrible
prospect of military mercenari'es, with the point
of the bayoQet, enforcing laws contrary to the
habits of a great number of oiir citizens, and ru-
inoni to the interest, peace and hnppinessof a

K'atmajorityofthepeopleoftheie United Stales!
t me indole the cheering hope, that notwith-
standing ihe present prospect, ll'cre never wilibe
found a majority of the immediate Representa-
tives of the people, who will vote in favor of con-
tinning and eaforcing «neh oppreuve lam.
10th Con. Sd Skss.— 30

Mr. Speaker, having in my plain and un-
learned manner discharged that duty which I owe
to my cbnsliluenis, in opposing a system which I
consider not only injurious lo their interests, hut
aiming a deadly blow ai the union, inierest,
peace, and indepeitdence of thai beloved country
that gave me birth; before I sit down, 1 have ano-
i her duty lo diE'chargc; first, to return a tribute
of humWe gratitude to the Oreal Preserver of
men, who, having led and fed me all ray life long.
still irraciously Continues 4o me, at this advanced
age, bodily and menial powers to discharge my
duty as above-mentioned — and, secondly, to ac-
knowledge ihe patient indulgence of thja House.
And as it will probably be among ihe last public
acts ihal will CKince lo the worfd, ihe continua-
tion and prevalentie, of one of those powerful
ruling passiuns that has long pervaded my breast —
[ mean love of my couniry— 1 embrace this op-
portunity to declare, that instead of declining m
proportion to my bodily powers, it iocreasea
with ihe increase of years, and becomes more
aoimHted and vigorous in proportion to the num-
ber of days now behind me, as fcr beyond my
reach as those before Ihe flood. Hence I cori-
clude^it will continue lo increase, the few re*
maining days that may be allotted lo me in a state
of motability; and that, when the number of
my days are fulfilled, and this feeble frame en-
gaged in that war from whicti there is no dis-
charge, this ruling passion will remain strong
io death — and the language of ■ celebrated poet
addressing his friends, may With propriety be
adopted :
" In that dreul moment, ■• in all thg pait,
' 0 I uve nty connlrj, Ue&ven I' ms; be mj lut."
After Mr. Sloan had eoncfuded, the quesiion
WHS taken on his motion, and rejected.

Borne discussion ensued upon the motion of
Mr. J. G. Jacebon lo discbarge the Committee.
Mr. ?JELeoN made some obscrvaiions in reply
to the teinarks against the bill, supporting the re-
ference to a select commiilee. He denied the
assertions that it contained anything so hostile to
the liberties of the people and so subversive of
iheir rishts, as had been represented. It was big
belief loat no power would be given by the con-
teniplalcd law, even in iis present form, to execu-
lire officers greater than our revenue laws at ihi*
lime invest them with. Oenilemen would flnj
(be said) upon Invesligalionj thai collectors then

Cossessed powers ac extensive as any delegated
y the bill. One thing, Mr. N. could not hefp ad-
miring. The astonishing change which had oeen
produced in gentlemen who opposed the bill; and
who were formerly not so conspicuous for their
anxiety and watchfulness over the tights of the
people. The embargo bad been said lo prodnce
miracles, and after ilits, he should firmly believe
ihe assertion. When he heard certain members
so lend in defence of the people's privileges, he be-
gan to feel more l^tlh in the accounts of miracle*
which had been handed down to us. The em-
bargo having wrought ibis wooderfnl changa
would be attended with al lenal one good effect.

.yGoogIc

081

HISTORY OF CONGRESS.

932

BLofB.

Enforcing tKt Embargo.

Deobhbkr, 1808.

for K ! ihi

He believed he iboald be a better Cbrtsi
tU the (lajra of his life.

M. Talumadob laid, ihai on ordinary
be -tra» disposed to send bills to select comi
fpt BioeDdraent ; but on extraordinary occ
be preferred di;>cu».sing them fully Id (lie House,
and if ibejr were found to be daoEeroui in prin-
ciple, and Teiy deiecliTe in detail, their further
siogreu ought lo be arretted. Of this desciip-
tlOD au^characler did fae deem the bill now under
debate. Sir, said Mr. T., if 1 riebily undenund
the proviiioni of this bill, I shall declare that it
ii fraught wL'h more danger to the liberilei and
ptiTileges of tbe people of^^isi country, than any
other that has yet been ofiered to the considera-
tion of Coniiress.

When 1 fits! read the report of the Secrei»ry
of ibe Treasury, to which lae bill owes It* origin,
I did then ihinlc it to be an txatic plant, not con-
genial to our Anieric&n soil, and fondly hoped
and believed that neither branch of the Legisla-
tiire would lanciioa ii. To ray asianiiihuuni, Mr.
Speaker, the Seoate hare sent to us a bill, into
^hich are iografied all lite dangerous principles
coataioed in that report. On this general view
of the subject (or if I deem it iocorrect to go
minuiel^ io all the details of the bill, on the pres-
•nt motion) I hare do hesiistton io pronounciog
the bill so radically and vlially defective, both in
nriDciple and in all its provisions, that it is utterly
incapable of ameodmeol. It is therefore wholly
ifseless to send it to a select eommiltee. Let il
be ()i»cusied,hei« openly before the nation, and if
advocates can be found hardy enough lo avov
auch seniimenis, publicly, let (hem appear, that
we may me«l th'em fairly oU ihiSfloor. It is time
that the people dT Ihiit cocmCTy 'Should know who
t^ men ate thai have &o( only naUied their law-
ful exeriiooB by B parpatiMl emoargo, but would
mow jeopardize their dearest rights, to enforce
tnat aeslrucli.ve measure. However much I may
T^pect the other co-ordioale branch of the Qov-
e.tnment.Icannot consent from motives of delicacy
or complaisance to barter away any of the rights
of our constituents. This Hotise canaot have
fprgotteo the jate atiabk upon the liberties of tbe

Kople of this country, by a bill sent from that
□orabic body, suspending the tvrit of habeat
corpus. And bow wa^ it treated by the imme-
diate RepresealalLv^ (if tlje people 7 You well
remember, sir, that it ^as r^eijled in ihii House,
lyliiibsi l^y )iDSQjmo'uf_ cvusfoi, I ^iew the bill
ifow under consideration iniinitely more danger-
ot|s to the libfttiies of this couDlry.i inan theltill
tp which 1 Itqve referred. If this bill should un-
^ately pats into a, law, then will ibis coud-

power and make it completely tubser-
Tieni 10 military force.

Who cHo lead tbe provisions of this most ex-
traordinary bill, and notice the heavy and exces-
sive bonds required in the lecood section, where
tbe owner, consignee, oi factor, with the masler
of every ship oi vessel, must give bonds to th«
amonni of six limes tbe amount of the vessel and
her cargo, that the embargo laws shall not be vi-
olated, without plainly discovering tttat even the
coasting trade must thereby be almost annihilated,
I have DO belief that one of those capiaini who
usually carry on the coasting trade, could pracure
sureties for such a bond ; more especially when
it is provided by the seventh section of the same
bill, that neither capture, distress, nor aar other
accident whatever, (the loss of the vessel at sea
excepted,] shall be a plea to mitigate the penal-
ties of such bond, but the whole, with all costs,
must be paid by the defendant.

If we turn to the nioih and leoth sections of
this bill, we shall find that no man's store or even
house is secure from search by our custom-house
oBiceis. If tbe collector of any port choosasto
suspect that you have specie in your desk, intend-
ed loT exportation, by this law you authorize him
\a make forcible eniry aoil' to carry it off; not
can you obtain it again until bond with sufficient
sureties shall be. given for the landing and deliv-
ery of the same, in some place in the United
States, whence, in the opinion of the collector,
there shall be no danger of a removal. All this
high-haaded proceeding is lo be justified by secret
orders to be issued from the President of the Uni-
ted Slates, whose irresponsible mandates the col-
lectors are bound to obey.

But the most alaiming power contained in this
bill, and which fills my mind with horror and dis-
may, is found in tbe eleventh section. By the
provisions of this section, the President of the
United States is armed with all the land or navat
forces, as well as all the militia of the Dniied
States, to enforce the due observance of the em-
bargo laws, which tremendous power he may del-
egate to whomsoever he pleases. I call on gea-
ilemen solemnly to pause before they place suck
unlimited power in the hands of the Executive,
for the purpose of enforcing a favorite measure.
I can scarcely believe my own senses when I read
that section of the bill which is now before me,
and consider it as having already received the
sanction of one branch of the Ciovernmeat, and
as sent tu [hi* House for concurrence. 1 really
have not words to express my rmrel and astoniab-
meol that such a principle snonld ever have been
:(I by either branch of this Govemm

try literally besuhjeclediq the will of a <i''':'<»ior,- With the gentleman from New York, (Mr. Gar-
yes, sir. aod one of the worst stamp, for he will j dbnieb,) I can say that I think the bill deserves a
pe a military diclator.i _ I public execution, and I wish to give it one openly,

, Althoueb I ouabt not to be surjirised that the I in the face of day, before the nation. I want no
triends oi the emoargo should, ^ish by all legal | select committee to inform my judgment on this
and consiitutiooal means to enforce the obser- 1 head, for I am fully persuaded, that however nice
vance of tbo&e laws, yeC Istaad oerfectly asioo- ', the cookerv may be made, that dish can never
ished wbeo I see grnllemen ready to surrender suit my palate. I know full well the meaning
the rigbis of (he ciiizen^.tothe enforcement of an and extent of this tremendous power, and never
obnqxjoos Uwr. 4'^ '^ ^■Ogle ^^'S'X'r ^^ prostrate I will I consent to ariay the military and naval

.yGoogIc

HISTORY OF CONGRESS.

December, 1808.

Ei^ardng th« Embargo.

force of my eoQDirjr against my fellow-citizens.
before ibe milder measures of legal process shall
bare been tried and found ineflectual. When a
couDlry has become base enough lo submit (osach
measures, it proves one of two ihinf^ incontro-
Tertibly to my mind, — eilhet that their rulers,
through ignorance or wickedness, enact laws so
oSeosire to tbe people that Ibey cannot be execu-
ted in ibe ordinarjr maoDer; or tbat the people
themselves baTe become indiSerent to their con-
dition and ripe for ruin. This I am persuaded is
not the coiidilion of tbe people of tbe United
Stales, for whom, 1 humbly trust, Heaven has in
store many and peculiar blesMDgs.

I sboDld mourn over the departed glory of my
country (Co acbiere whose independence my fee-
ble bat faithful services were afforded) if I could
believe tbe great body of its citizens were willing
to submit to sach base degradaiian. It is enough ^
to submit to tbe despotism of the tword when it
shall be forced upon us; for Heaven's sake let us
not court it by a public law.

The gentleman from Maryland (Mr. Nelson)
has asserted on this floor, that every provision in
this bill is recognised by the revenue laws of the
United Stales, and then very soeeringly adds, that
those laws were passed by federal men, under a
federal administration. 1 sdiDtt that the revenue
system was enacted by federal men, and the wis-
dom of those measures is fully sanctioned by a

long period of unexampled prosperity a
mercial importance. But I utterlj^ deny tt
present bill is supported, or its principles

tiiaed by the revenue laws of the United Stales.
In my judgment there may be found more anti-
republican tendencies in one section of ibis bill,
than can be selected froia th«whole revenue sys-
tem of the United Stales, consisting of one hun-
dred and twelve sections. I call upon anygen-
tUmao upon this floor to point out such princi-
ples in oar revenue laws, as those contained in
thefewseciions[ have already quoted. Sir, they
are uoi to be found there, lu disgrace the pages of
thtit system, not to dishonor its authors.

The same gentleman affects to believe thai the
days for working miracles have again returned,
inasmuch as federal men have now become 'ihe
friends of the people. Tbat class of men with
vrbom I have toe oonor to act, nevec trumpeted
their own praise in every corner of the streets,
nor claimed, like some others, the exclusive privi-
lege of being the friends of the people. They
hare nniformly pnrsaed that system of policy
which their great head, the immortal Washino-
TON, taught, and they left (heir principles and coo-
duct to be tested by the result. When the bless-
ings of Ibe embargo shall be a liltle more fully
experienced, and especially if tbe bill now on
yoar table should be eoacted into a law, with all
Its detestable features about it, the people most
probably begin to feel the burden that will oppress
them, and most probably will determine without
the aid of miracles, who has been Ihe authors of
their accumulated distresses.

Thegeniteman from Maryland, (Mr.NBLaow)
with peculiar felicity, teems to apply the terms

rosea!* and scoundrels, to all the violators of his
favorite system, the embargo. I ara truly sorry
that such harsh and unworthy expressions should
be uttered within these walls; for really I cannot
suppose it to be consonant with the decorum of
debate. But it may be wellto remind ihat gen-
tleman that the most honorable men in the com-
munity, to whom I know he would be unwilling
to apply those odious epitbeis, may, by tbe provi-
sions of thi^ bill, very innocently incur the pen-
alties attached to the violation of the embargo.

Mr. Speaker. I have no hesitation in declaring
to (bis honorable House, that lam seriously alarm-
ed for the present condition of our conntry, and
am very.solemnly irnptessed with the aspect of
our public affairs. While I fully believe that a
sreac portion of our consiiiuents view the em-
bargo system as impolitic and ruinous in the ex-
treme, my apprehensions for the future peace and
tranquillity of this conntry are greatly awakened
when I perceive such a pertinacious adherence to
such higb-banded measures as are contained in
ibis bill. A general dislike to any law, by the
great mass of the peo[Je for whose benefit it pet-

ports ti

E enacted, is

n be carried be-

how far such s

fore open opposition is excited.

I trust I shall never attempt an alteration of
measures by exciting tbe feari of this honorable
House ; but if the warning voice of our itluslri-
ours founder cautioned bis couotrymen against
every attempt lo sever the union of these States,
I pray gentlemen to remember that a system of
BO much severity, pursued with such unyielding
perseverance, may produce evils which every
friend to his country would deprecate. With stick
solemn apprehensions upon my mind, I am pre-
pared to vote directiv upon the merits of tbe bill
now before us, and snail rejoice to see it consign-
ed 10 political perdition.

Mr. MtSTBRa said this bill carried tbe stamp of
despotism and degradation; it was wide from the
path prescribed by duty and honor, and wasiheofi'-
spring of unsetlled theory and unthinking policy.

If great and upusuat exertion* are oecetsary in
the present crisis, can you, by your present mea-
sures, disappoint the hopes of the belligerents 7
Yon unnerve your own strength, and you will
cripple the country at no distant period. The
reauonndation ofihe strength Of a natlnn is spirit,

Sride, and resoarces; you disarm their courage,
istniel their efforts, and destroy their resources.
Your measures are not guided by the great max-
ims of Bound policy.

The gentleman from North Carolina (Mr.
Albtoh) cOuNiders the hill not only beneficial,
bat perfect; and says no member has preatimed
to point out any defect in form or principle, even
in a single section of the bill.

I beg tbe indulgence of Ihe- House, while I at-
tempt to point out some of the dangerous princi-
ples and consequences contained in this bill. By
the latter part of the second section, your collec-
tor may grant permission to ship any cargo to
any porivitbin the United States, or may refuse

.yGoogIc

935

BISTORT OF CONORBSS.

Enforcing Ike Embargo.

■ueb permission, at his discrflion. In Cacl, you
give lo your cullecior the power or regulaiinE

J oar coialinK trade. 1 will pass over the third,
oanh anil fiflli «ectloni, which nre far from be-
io^ uaeiceptionable. The sixth section relates
principally to the registering and mtenfshipsand
veaaels, by which you compel Ibd aeller lo give
CDormuus heavy bonds, you unwarrantably inter-
fere in ibe coniracii of your citizens, and compel

third person

short you prohibit the owners of this sort of pro-
perly from making any Irantfer, however fair and

In the seventh aeclion, when a bond shall be
given to the United Staiea, that the cargo ofa
Temel shall be relanded in some port of the Unt-
ied States, the parlies to such bond shall produce
« eeriifieaie, from the proper officer, of the reland-
ing of the seine in two and four months. On
(atlute whereof the bond shall be pot In suit, sod
expressly direct judgment shall be issued agninsi
the defeudiDt, unless there is proof of the reland-
ingor loss of the vessel at sea. Sir, you interfere
With the busineBs of your fair judiciary, and in
the same elaaae you forbid the capture or distress
of the vessel, or any oiher accident whatever.
(however true and without fraud,) to be adnutied
aa evidence in defence of the suit.

The very essence of private right is attacked
and defeated. You dissolve all established prin-
ciples, and will overthrow the fabric of society,
wnieh lime has just reared. Yoo derange the
order of thines, aod produce confusion and de-
aiructionj with the derangement of properly. Ai

nihinii

1'}°'.

oftei

produced confusion and calamity in Ooi
Ihii ci>nru3lnn and calamity will be increased by
Ihii law. These dangers may be obvia'ted, by
adopting a course of measures suited to our na-
tional circumsiances and particular energiea of
the country.

The ninth section of the bill authorizes the
collectors (o take into their custody specie, or any
article of domestic growih, produce, or manufac-
ture, deposited in unusual places or in unusael
quantities, or when in vessels, carts, wagons,
afeighs, or any other carriage, or in any manner
apparently on their way towards the territories of
a-Toreigo nation or the vicinity thereof.

Sir, the extraordinary and wanton grant of il-
letral power in ihiN section, and other parts of the
bill, admits of DO justification, nor even palliation.
The fanners, by mere Igaoranceand inadvertency,
may be subjected lo ihe severest penalliei for
tbings done in common, ordinary and necessary
management of their business. Tour collectors
are to be armed with unlimited power to search
from the closet of the farmer to his wagon or
earl. Every man's house Is liable to be suspected,
visited, and ransacked i as well in the nigbl as
day time, and your citizens intimidated by a troop
of armed men and eusiom-houseoBJcers; without
inquiring' into Ihe truth; without information
upon oath, end wiihotit a warrant. Yes, sir, it is
left to ibe mere arbitrary discretion ol a cotiom-

house offioer, to search for, and seize the property

If your power was not bounded by the Consti-
lulion, you ought lo be bounded by your modera-
lioQ and eqpiiy, and by the trust reposed in you
by society, aud by the ia.ws of God and nature.
You take from yonr citizens that great privilege
which they had under the law, that their houses
cannot be searched wilhoQl a warrant and infor-
mation upon oath. This is not an abstract oi
speculative notion, but hss been the mode of prac

and ii

all r

iBt e

the light of liberty, or lived under .
laws. When you extend the vexaiiauK power of
your officers to invade private property, the irre-
sistible law of self-defence operates against yon^
and the fundamental principles of the Constito-
lion shake under your hands. I deem this bill
lo be an intolerable oppresxioa, aSecliog private
property, end destructive of the peace and quiet
of private families.

In all Governments power is liable lo be abused.
When a Legislalure grants power lu individuals
ihat power ooghl lobe limi^ and defined. Tbi«
bill gives arbitrary and despotic power, uncontra-
dicted and without limitation.

In every Government resides some where abso-
lute and unlimiied authorlly ; in this country
that authority is vestail in the people. In extreme
case* it.is jusiiSahle for the people collectively to
interfere. This is the greatest and most perilous
responsibility in conscience and in duly to all
who act or advise in it ; pregnant as it is witb
danger and confusion, you must not harass aad
use your citizens with arhilrary power and arbi-
trary force, unknown in a free Government. Bad
laws must be maintained by force — good laws need

It in strange to reflect ijiat in a country which
has liberty for its principle, arbitrary and absolute
power should he granted <o your collector* over
the persons and property of your citizens.

If a collector takes a dlnljke, however wbtmsi-
cal, however unjust, to an innocent eilixen, he
may reduce him to the state of a dependent alare,
before he can obtain redress.

It is said the printed bill in my hands is diO<^-
ent from the hill hefore.the House. There is no
material alteration in form or substance.

The tenth section of the bill declares that the
powers given to the cuUectors shall be exercised
in conformity to such general roles and instruc-
tions as the President may prescribe; and that
the cullectorsshailnotbe liable to any action, suit,
or judgment on account of any detention, gi fop
having taken any articles into their custody.

1 cannot hut be most aeriously .alarmed at a
stretch of power, so wide, so unnecessary, and so
unconstitutional. Tbisclause gives a power dan-
gerous in its c onset! u en ces, which ought not lo be
trusted withanyman, whatsoever. The shackles
of restriction are always necessary to eoofioe ihe
hands of tyranny, and shorten ibe strides ol am-
bition. You indemnify your collector for aar
wroBgorinjury be may commit; he will triumpn
over a ciiizea whom he has made a victim, and

.yGoogIc

HISTORY OF CONGRESS.

tat

December, 1808.

Enforcing the Embargo.

H. OP R.

sU I it about i a open and ioscdenl defiance of all
the ruDdaraeatat principles of liberiy sod law.

I believe ii will be admiiied ibai one of thi
greai ends of our silting bere, is to lake care no
onlj' of ihe libenies ana properiiea of Ibe peopli
in general, bill o{ every man, and every set o
men. Vou have tbe means in your haods, by (he
nalurnl operation of tbe Qoverniaent, of prev
ing abuses, and securing a due alien Iloq to lb<
terests and feelings of every part of ibe com
nity. This bill will expose us to the confuaioo
and misery of contendiBg divisions, and product
debility ia tbe nation, and insure success in favoi

the same lempialions. Il is to be res^retled, (hi
the reason of man is not always suf&cieot fur the
governtDent of man ; she often gives her empire
to the passions and to party, and renders it diffi-
culi to foresee the evils sufficiently timely to pre-
Tent the mischief.

The Hih section of this bill gives power to the
President, or such other person as lie shall em-
power for that purpose, to enforce your embargo
laws by military power. There arc but two ways
offiiing the badge of slavery upon a free people;
by mili'ary force or by encroEchmenis on their
liberty ; both arc contemplated in this bill. ' For
God'ssal[e,isihisthedocirineof [beConsiiintion?
Islhisdoctrinelhat Americans willswallow? Can
it go down 1 If we fall under the shade of this
power, this law ; that sleep may end in death. I
implore gentlemen, if they have any affeciion for
ibeir country, or regard for tbe liberties of their

fosterity, not to attempt to govern a free people
y a military fotce. The thought of putting it
10 trial strikes me with horror. Let tis not drive
our citizeos to despair — tbe despair of a brave
people turns to eourage, that courage once exerted
your Government Ji at an end. Sir, our all is at
stake; our Constitution is giving way. The
principles and raaxims ofihis hill are more adapt-
ed to Turkish ^overnmeDl ihan the American
Republic , and it will stand upon record as an
evidence to future generations of our weakness
and folly.

It is with the most deliberate and solemn con-
viction I oppose this bill. When any dangerous
innovation ibreatens us, it is ihe duty of every
American to be vigilant and check it wherever
it is found. Of the Constitution we cannot be
too sparing or abstemious, it has cost much, and
it il worth more llian it has cost, and without
it everything else will be of little value. Slices
oflhe Conslilulion are the last things I will give
away ; nor will I maim it to gratify any parly, or
lo justify any measure. I will keep It strait laced.
This is tbe contest between, liberty and tyranny,
between oppression and free government.

If you progress in your present system, it will
be necessary to have a standing army to protect
you against the resentment of the people, who
vill see the nature and true cause of the distem-
per. ]f you stand in your senses, ]rou caonul, as
members of civil society, wish this bill to pass.
You will do well lo reflect whit consequences

may result from it to yourselves and the iialioi.
1 do verily believe, from the true temper of Ihe
American people, ibis bill will rouse the spirit of
the nation. Are you aware how general opposi-
tion will become, which, from the times in whicb
we stand, it is neither wise nor honest to provoke?
Indeeri I am amazed that these consideralioBB
naake no impression on ibis House. It is not
common sense, but downright madness to follow
your wild principles.

How long are the American people to continue
the passive victims of the embargo? When the
nation begins more seriously to feel the evils, their
national revnige wilt be sharpened by the smart;
and if you pass this bill, you will bring down
their vengeance against vou, which will hull yon
down ioio that detesiahle and abominable place
where tbe worm never dies and the fire is not
quenched.

We are paging war a^aiust the public opinion.
The voiceof the nation is against the proceeding*
of Government, and this system is not the system
of the people. Your measures are not warranted
by tbe souad'maiims of government, nor the ex-
amples drawn from the history oflhe world. Yoa,
by an extension of power, nrge the punishment of
offences, of which you yourselves have been the
tempters.

This state of things cannot long remain at thef
are. Commercial jealoosj is roused and will in-
crease; and without an nuited interest in com-
merce, in a commercial country, our political con-
federacy willreceive many shocks, and aseparation
of interest will threaten a separation of eonnexion,
endanger the Union, and shake the Constitution to
its centre; which every honest American must
shudder to look at.

The last Congress rejected a bill to suspend ibe
habeat corpue, as an infringement on public lib-
erty, with marked contempt. How much more
necessary is it to show your decided disapproba-
tion of this eitraordinnry bill? Let it not be
sheltered behind a secret committee.

The moiion was further opposed by Messrs.
Gardneb, GtaiiENiBB, LvoM, and Q.uincy; and
supported by Mes.srs. Bacon, Jackson, Als-ton,
Macon, Southard, and Epeea.

Mr. Rahoolfh said that he should be for the
reference to a select committee, but thought it
best to give them some instructions as to what
amendments were to be made — this would be best
done by first debating the provisions of the bill in
the House.

The gueation on discharging the Committee
from tbe consideration of the bill, was taken and
carried— yeas 70.

The bill was then referred to a select commit-
tee, consisting of Mr. Jobn G. JACKaon, Mr.
Macob, Mr. FtHDLDT, Mr. Btobt, Mr. Booth-

D, Mr. Bibb, and Mr. Howard.

Wbbhesdat, December 28.

Mr, Lovi, from tbe committee appointed, tbe

eightli instant, on the petition of Jobn Strother,

and to whom were also referred, at sundry limca,

.yGoogIc

989

HISTORY OF CONGRESS.

H. ofR.

Andrew J. ViUard.

Dboembeb, 1808.

other pEiitioDB upon the subjeci of claims agai
theUaiiedSrateawhicU ire barred by ihestad
oriimilatioD, preiented ■ bill makiafcprovis
for the discharge or certain UDsaiiified claims
against the United States; which was read ti
and committed to a Committee of the Whole
OD Fridar ■■»'■

An engrossed bill to coatlnue in Ciirce, for
further time, the. first section of an act. entiileil
"An act further to proieri the commerce
•eameo of the Uoited States against the Barbar;
Powers," was read the third time, and passed.

The Houie resolved itself into a Coromitiei
the Whole on the bill for ibe relief of Augusiin
Seny. The hill was reported without amend-
ment, and ordered to be engrossed and read tbc
third thne to-morrow.

The House resolved itself into a Committee of
the Whole od the bill supplementary to the.act
of last secsioD for eKlending the terms ot credit on
lerenue bonds. The amendments reported by
the Committee of Commerce and Manufactures
having been agreed to. the Comtaittee rose and
reported the hill, whicn was ordered to be read a
third time to day; and it was aceordiogly read a
ibird time and passed.

Mr. JoHK O. Jackson, from the committee to
whom was yesterday referred the bill sent from
the Senate, entitled "An act to enforce and make
more effectual an act, entilled 'An act laying an
embargo on all ships and vessels in the ports and
harbors of the United Slates,' and the leverat
acts lupplemeniary thereto," made a reportihere-
00; which was read, and, together wiih the said
bill, committed to a Committee of the Whole on
Fiidy nest— 37 to 36.

ANDREW J. VILLAHD.

The hill from the Senate for the relief of A. J.
Villard went through a Committee of the Whole,
and was ordered to be engrossed for a third read-
ing. The bill wu then read a third time. [Il
contemplates the giving to Mr. Villard one thou-
sand dollars for an improvement in the mode of
mounting cannon, j

Messrs, TiLLMAooE, Pitkin, Quinct, Ely,
ALEXANnER, and Rbga, opposed the bill, on the
ground that the invention would be inopeiaiive
in practice ; and even if not, that it was invented
by a person in the employ of the United Slates,
whose duty it was to mate all the improvement
he could. Messrs. Newton, Taylor, and Smilie.
supported ibe bill, on the ground that it was ex-
tiemely useful, was now actually in practice, and
would be advantageous to the service of the Uni-
- ted Stales.

The bill was passed — yeas 55, nays <4, as
follows :

Yiu — Lemual J. Aliun, Willis Alston, jlin.,
Eiekiel Bacon, Uavid Bard, JoMpb Bsrkei, Burwell
Bssiett, John Blske, jun., Thomas Blcmnt, Adam
Bojd, John Bojle, Bobert Bronn, Wiliism Butlor,
Joseph Calhoua, John Culpeper, Hichard Cutta, John
Dawson, Joseph Desha, Diniel M. Durell, John W.
Eppes, William Findley, James Fislc, Tbamas Gholson,
JUL, Uoiih L. Qieen, John Harris, John Heister,

William Helma, James Holland, Daniel llslev, John
G. Jickaon, Walter Joni!*, Thoinu Kenan, William
Kirkpslrick, John Love, Robert Marion, Wiliism Mc-
Crinr;, John Montgomer;, Roger Nelion, Thomais
Newton, Wllaon U. Nicholas, John Porter, Jacob
Richards, Lemuel Savryer, Ebeneisr SesTcr, Samuel
Shaw, Dennis Smeh, John Smilie, Jcdediah R. Smith.
Richard Blanford, John Tavlor, John Thamnson,
George M. Troup, Daniel C. Verplanck, Jeass Whar-
ton, Alexander Wilson, and Richard Winn.

NtTs_£Tan Aleiander, William Bl«:kledge, Wil-
IJam'A. Burnetl, Epaphrodttus Champion, Hartia
Chittenden, Mat^ew Clay, John Davenport, jun.,
Jamea EUiot, WiUiam Ely, Mediack Franklin, Bareot
Gaidenier, Francis Gardner, Charles Ooldaboron^
Edwin Gray, Richard Jackaon, Robert Jenluns, John
Lambert, JoMph Lewis, jun., E it ward St. Loa Liver-
more, Nathaniel Macon, Joaiah Masters, Daniel Mont-
gomery, jun,, Jeremiah Morrow, John Morrow, Jona-
than O. Moariy, Thomas Newbold, Timothy Pitkin,
jun., John Fugh, Joaiab Quincj, John Rhea of Tcn-
neaaee, Matthias Richards, Samuel Riker, Jame*
Sloan, Samuel Smith, Henry Southard, WiUiam Sted-
man, Clement Storer, Lewis B. Slurgea, Samuel Tag-
gart, Benjamin TiUmadge, Abram Trigg, Jabex Up-
ham, Robert Whitehill, and Nathan WOwn.

A motion was ma^e by Mr. ^riNCv to amend
the title of the said bill to read in ibe words fol-
lowing, to wit: "An act to reward Andrew
Joseph Villard for cenain extra services and ex-
penses :" And on the question that the title be so
amended? it passed in the negative— yeas 25
nays 59, as follows:

TaiB — Evan Alexander, Epaphroditus Chanpion,
Martin Chittenden, John Culpeper, Samuel W. Danar
John Davenport, jun.. Jamea Elliot. Williau Ely,
Jlarent Gaidenier. Ftancia Gardner, Charles Golda-
borongb. Richard Jackson, Robert Jenkins, James
Kelly, Edward St. Lo^ Livermore, Jonathan O. MoKly,
Timothy Pitkin, jun., Joaiab Quincy, John Rha of
Tennessee, Samuel Smith, William Sledtnan, Lewis
B. Stui^B, Benjamin Tallmadge, Jabei Upbam, and
Philip Van Cortlandt.

Nat*— Lemuel J. Alstco, Willis Alston, jun., David
Bard, Borwelt Baaaett, William W. Bibb, William
BladiladgB. Tbomaa Blonnt, Adam Boyd, John Boyle,
Robert Brown, William A. BurwfeU, WUIiam Butler.
Joaeph Calhoun, Matthew Clay, John Clopton, Orch-
ard Cook, John Dawson, Josiab Deane. Joseph Desha.
John W. Eppea, William Findley, Meaback Franklin.
Thamas Gbolson, jun., Isaiah L. Green, John Heister,
William Helma. James Holland, David Holmes, Bea-
jamio Howard, Daniel lUley, JohnG, Jackson, Walter
JoDca, Tbomsa Kenan, Robert Marion, Josiah Masters,
William MeCreery, Daniel Monigomejy, jun^ John
Montgomery, Thomas Moore, John Morrow, Roger
.Nelson, Thomas Ncwbold, Tbomaa Newton, John
Porter, John I^tgh, Jacob Richards, Matthias Richards,
Samuel Riker, Samuel Shaw, Dennis Smelt, John
Smilie, Jedediah K. Smith, Henry Southard, Richard
SUnford, Clsment Storer, John Taylor, James 1. Van
Alen, Isaac Wilbour, and Aleiander Wilson.

Retained, That the title be, ''An act for the
reliefof Andrew Joseph Villard."

Thdrsday, December 29.
An engrossed bill for the relief of Angostin
Serry was read the third lime, and passed.

.yGoogIc

HIBTOET OF CONQRBSS.

Mt

Decenbbr, 1808.

A message from the Seoaie inrormed the House
that the Senate have passed the bill, entitled "An
act authorizing tbe President to employ an atldi-
lional number of revenue cutlers," with several
aiaeudtnenti ; to which thej desire the concur-
rence of this House.
On motion of Mr, Blodnt,

Retolved, That ihe Committee of Commerce
and Manufactures be instructed to inquire into
the expediency of contiauingin force the act, en-
litied "An act for the establishment of tradiiig-
hoQses with the Indian tribes;" and also to in-
quire whether any, and, if any, what, amendment
is necessary to the same.

FOREIGN LICENSES.

The House resolved itself into a Committee of
the Whole on the bill for compelling vessels .tiow
■Wad to return home, and for preveniins any
ellizeo of the United States from taking from a
foreign Power a iicense to trade, dtc.

Varions amendments were made to the detail
of the bill. The second section, which is intend-
ed to prevent vessels from navigating under a
foreign license, was amended, oQ motion of Mr.
Story, so as to make the act a. misdemeanor, to
declare ibe vessel so offending lo be forfeited, and
to impose a penalty on ihc oQeoder of a sum not
exceeding $10,000. The 1st of October was fixed
as the day after which this section shoald take
eSect.

The Committee then rose and reported the bill
■s amended.

The House having taken up Ihe report of the
Committee of the Whole —

Mr. Bacon wished the amendmmts to be neg-
alived, as he thought the Grst section of the hill
(for compelling vessels now out to return home)
looked to a continuance of the embargo for a
loDger period than he wished lo contemplate.
The second section he was decidedly in favor of.

Mr. Newton said, if the House were io favor
of the first section, he thought they should not be
prevented from voting for it because it might be
made use of for electioneering purposes.

Mr. DuBELL declared himself opposed to the
whole bill. If it was a part of a system, he wish-
ed lo see the whole of it. It appeared lo him to
be the sauce Introduced before the meal.

Mr. Stort coincided with his colleague (Mr.
Bicon) in wishing the first section to he stricken
ODI. . He feared that an impression would he
made on the public mind that it was intended to
continue the embargo aa long as the time allowed
by this section (eighteen- mooths) for vessels be-
yonil the Cape of Good Hope to return. He was
not prepared at this moment to say what volo he
might give on the further continuance of the em-
bargo; hut he was prepared lo say that for eigh-
teen months longer it would not be the policy, or
redound to the honor of the United States to coo-
tinue it. It was a system which operated indi'
rectly on the belligerents. Afier every means
had been exhausted to preserve peace, (as was
now nearly the cue,} he wished to see the nation
asanme the same atuiude, asueil the same princi-

them in 1776, and vindicate our rights with hon-
orable and open warfare. For thit reason hewaa
opposed to the first section of the hill, becauae h
might convey ati impression which, forj one he
was not willing to sanction. He did not coiwidsr
■he bill as connected with the embargo. The
second section was one. he said, which every tam.tt
possessing the feelings of an American ought S>
vote for; for the orders and decrees, to subimit U>
which the Hotise had declared would be an aban-
donment of our rights, had closed every areiiae
of commerce. America was not deitined to dS-
pend for the exercise of her maritime rights oh
the smiles or frowns of any foreign nation. She
WHS destined lo enjoy a frev commerce, and not
to lake, as a boon, a license to pnrsue that trade
which she claimed as a right of nature t and the
second section of this bill was to prevent a few,
who had forfeited all title to the faoirorable naifib
of Americans, by accepting forei)^ tJAinses to
trade, from disgracing toe cbaracter of the \3t\-
led States. He could wish that the first smtloiL
should be negatived, that Congress might not ap- -
pear to have legislated on an existing fkctjtbirt
nothing minhi be left on record to hand down te
posterity the fact that, in the short period oflhir-
tv years from the deolaraiion of our lidependenM,
tnere bad been Americans willing to surrender il.
He wished the principle of the second section te
be permanent and co-existent with the Codat^
tutton.

Mr. S. considered the embargo as having beeA
a wise measure; that it had answered all the
purposes of precaution ; but the time would soOA
arrive when it must either be efl^ctaal or whHi
its effect as a coercive measure titighl be doubted-
He wished lo do nothing which should' hold oiit
an idea that the embargo would be continued for
any great length of time longer. The language
made use of for party purposes, which had ptn^
trated into every hovel and beeo repealed at every
fire-side in the country, in relation to the einbar-
tro, was, that it was intended to pat the 'Northere
States at the feet of the Southern ) that Ihe N«rft
was to be crushed and rendered subservient to the
interests of the South. Mr. S. did not believe' k
word of it. He had always found the Southern
gentlemen friends to our commercial rights, and
their friendship was on record on the Journals ot
the House. What was (he embargo? A stand
measure arising from' a desire
:hanls might enjoy the benffiis, and
the Northern section of the Union pursne the fair
commerce tlesigoed for them by Providence g i4iat
it might not be exposed to a gradual eonMnnptroA
and wasting away by the belligerent ed^ts. Anl
il was because he believed this, that he did not
wish the first section to afford grotiBd fora re-
newal of this clamor. -'

Mr. Taylor declared his oninioa lb be irt p«t^
feet consonance wtth that of tne gFQtleii>an f roiU
Massachusetts in regard to the contf nuarfce of (M
embargo. He said, that before Kk txpii^iion of
eighteen nonibs, he alio should be prepaiett to

.yGoogIc

fflSTORY OP CONGRESS.

044

H.OFR.

Dkembsb, 1808.

•ngage in open and honorable warHire. ifibe em-
bar^ did not in a rpasonable lime procure a re-
Uma of our grievHDcn. A period long short of
eighleen moDlh$ would have ethauitted the pa-
tience of the DBiioQ and tested ihti tfiicacf of [lie
-neaiure. Mr. T. saiil ihai there were now no
T«Bse1sof Ihe United Slates abroad niiish had
not already incurred the peDaliies of [his act by
takioa out a license. If tney had nui. ihey would
aoon fall inio the clulclies ot the belliserenli. Bo
ihat, in fact, the G rat section was a «urK of luper-
Mogaiioa. The second aectiun should be adopt-
ed independently of the embargo or any oth«r'
measure. Indeed, geailemen whu had voted in
favor ol' the retoluiion expressive of a deterinina-
lioa to resist (he betligereot edicts, could not cod-
•UteDtly vole against this section, fur it went tii
naist Doe of the most odious paru of id edict of
one of the bel lifter en (s — that part which requires
our ?eNsels to lake out licenses in order lo pursue
their fair commerce.

Mr. UnMCLL expressed himself decidedly in fa-
Tor of the priaeiple, hut did not like legisUliog
by piece-meel, pa^isiog a seatioa lo-day and a sec'
. tioa lo-motrow — a law lo-day and a law to-mof-
Tow. He wished to see it connected tviih a gen-
eral plan of reaisiaace.

Mr. Newton had do idea, bjr ihe firt>t section of
this bill, 10 pledea die House to tke cootiouance
of the embargofor eighleen monthi. He eooiid-
«fed it no pFedge to continue it for even six or
eight months. If the embargo did not operate as
a coercive rnensurc. be was prepared to lake (hat
ttlilude which should by furce secure to us that
justice we had hitherto io vain attempted to pro-
cure in another mode. If the European DaiiooF
4id Qoi meet us in a short time, as they ought lo
<lo, in amicable arrangemfals, he was prepared to
"cry havoc, and let loose the dogsof war." As
be bad no very particular par[iaTi(y foi^ the first
aeciioD, io order to accommodate the gentleman
from Massachusclta, he would now withdraw Itis
•vpport of il.

Mr. Mabtebs thought the first si?c!tiaQ of the
bill was perfectly proper, and not at all indicative
of an intenlion to eoatioue the embargo, when
compared with the amendatory embargo law,
manoing gunboats, &<;., which would seem to
leave no doubt on the subject.

Mr. MiLHOB opposed the fitst section, bat sup-
ported the second.

Mr. Thodp considered the £rst section super-
flaous; fur our vessels could not now continue
kbroad except they traded under foreign licenses.

Mr. Qardheb defended the people of the East-
ern States from iosioualions against their patri-
otism, and used some arguments to show tliat the
angry passions should not be excited iH the House,
but rather allayed.

Mr. Sloan said he understood some gentlemen
to consider the present bill a* coanecled with tha
emhergoj that being the case, he had done with
it. It was sufficient for him to know that any-
thing had coaneiioa with the embargo to induce
bim lo reject it.

The House struck out tbe£rsl section— ]r«u 73.

Mr. D. R. Wit-LiAiia said be bad just oome io,

and wished to understand ibe grounds on which
the decision ofihe House bad just now been made.

Mr. Macon made a motion that the further
ConsiJcraiion of the subject lie on the table, to
give lime for deliheratioa ; which motion, how-
ever, be arterwards withdrew ; and

Mr. Jaokbok moved to reconsider the vole jnst
taken.

Tnis motion was supported by Messrs. Macoh.
Mabterb, Jackson, and IIollano, and oppose*!
by Messrs. Story and Rhea.

Mr. Gardemieb made a speech of half an hour
in favor of reconsideration.

When he cancludfd, a quorum not being pres-
ent, the House adjourned— yeas 44, at near fire

Frioay, December 30.

Another member, to wit ; NicuoLAe Van Dtrb,

from Delaware, appeared, and look his seat in the

A Message was received from the President of
the United Slates, communicaling, at ihe request
of ibe Governor, the Senate, and House of Rep-
rescnlBiives. of the Cummonwealth of Pennsyl-
vania, certain resolution*, entered into by the said
Senate and House of Representatives, and ap-
proved hy the Governor on the 23d inslant. The
resolutions arc as follow i

Whereu the situation of tha United States in leli-
ttoti to ioreign Powen, is eminently critical, and calls
for all their energin, nnanioiUj, and patriotkn lo pre-
■ervs thoM rights, and that independanee for which
our fBtliEis fought and conqncrpd: And wheraaa, in
such tinei, It is Ihe duty of the conatituled authohliea
lo aid Ihe common cius* of our country, by declaring
anew their devoiion totho piinciplM of theDecUration
of In depend en c«. Therefore,

RtMolved by the Stnali and Houte of Rarutniativt*
oflhe Commonuiiall/iiif Pcnniylvania, Thitwebavv
the fulleit conGdcncfl in ihe wisdom, the patriotism,
and tho integrity of the administration of the General
Government, nnd Ihat we pleilgs ourselves to co-oper-
ate with tlietn to the fullest eitrnt of our pover in all
mesntirca which may be deemed expedient to maintain
our national honor and national rights.

Keiolved, That we consider the embargo as a wies,
paciflc, and patriotic measure, cslled for by the beat
interest of the nation, and well ealcolsled to indnoa an
obaertanco of our national rights, without s resort to
the htnrois and desolations of war, ao repognant to the
feelings of humanity and the principles of free Coiam-

Raolttd, That, as the ocmh is Ihe CMnnwn high-
way of nations, and as this Commonwealth is deeply
interested in the preservation of its freedom, should
those painful measures not produce Uio desired el!ec^
we are firmly determined to unite our efforts with those
of Ihe General Government En the miintenanee of its
rights.

Raohrd, That the Governor of Ibis Commonwealth
be requested to forward copiee of die foregoing reeoln-
tionslo the President of the United States, with a re-
quest that they may be commonicated by him to the
Congress of the United States.

Approved, December 3S, ISOS.

SIMON SNYDBg.

.yGoogIc

HISTORY OF CONGRESS.

DECEMBBlt. 1808.

AddiHanal Atllilary /Vtm.

H.opR.

. The «aid Mrssage and re«olntioDS were read,
aod ordered to lie on the table.

Another Mesuge was receired from the Prrsi-
deot of the United Sraies, comniiiDicaiing a let'
ter ftom QoTeroor CiaiboTn*. od the subjt^ct of a
Enull tribe of Alabama fodians, on the Western
siileof the MUsissippi,coii9Utingof abMitadozeo
families.

The said Message was read, and, logfciher with
(he letter aecompanying tbesaaie, referred lo the
L Committee on the Public Lands.

On motion of Mr. Newton,

Retolred. That ihe CoramiHee on Post OfficeR
and Post Roads be, and they are hereby, instruct-
ed to brins; in a bill to pernihi the fraokin^ of the
Message oT the Presideot of the Unileil States of
the 23d of December, 1808, and the documeDt-i
accompanying the aame, and such other docu-
ments as may be communicated by the Presideltt
of the Uoiied States, from time to time, to both
UouseR of Congress.

Mr. Q,uiNCY presented a petition of sundry
mariners, iaie masters and mBlee of vessels be-
longing 10 [he- pott of Portland, in the District of
Maine, praying that sonie measures may be
adopted by the Qeneral Goveraraent for their as-
sJNisnce and nuppori, they being deprived of their
usual Difuns of oblaining-a livelihood, by thenp-
eralion of the various acta laying an embargo
within the United Slates. — Referred lotbeCom-
millee of Ways and Means.

Mr. Helmb. from the committee appointed,

Sesenied a bill auihoriEing the discharge of John
eard from his imprisoomenl; which was read
twice, and committed to a Committee of the
Whole on Tuesday next.

On motion of Mr. Whabtoh,

Reiotved. That a committee be appoiated for
the purpose of conEidering whether any, and, if
any, what smeDdmems are necesmryto be made
to the HctofCongreu, entitled ''An aat to amend
the act, entitled 'An act establishing Circuit
Courts and abridging the juriadiction of the Dit-
tricl Courts of ihs Disiricts of Kealncky.' Ten-
nessee, and Ohio," passed the 23d day of March,
1608 ; and that ihey hare leave lo report by bill,

Ordered, That Messrs. Whabton, Botlb, and
Jeremiah Moniiow, be appointed a commiii»,
pursuant to the said resolution.

The amendment* proposed by the Senate to the
bill, entitled "An a el to ftuthorize the President
to employ an additional nomberof revenue cut-
, ters," were read, and ordered to lie on the ttible.
On motion of Mr. Nelson,
Ordered, That the further conEideralion of the
, bill to deprive, in certain eases, vessels of their
, American character, and lo prevent, under cer-
tain dif'abititieii, any citizen of the United Stales
taking a license from any foreign Power, to nav-
igate the ooean, or to trade with any foreign and
independent Power, which wav yesterday depend-
ing at the lirne of adjournment, be postponed un-
til Monday next.

Mr. Rhea, of Tenneuee, from Ihe Committee
oti Post Offices and Post Roads, in purstiance of

aresolMjon thin day agreed to by the House, pre-
pented a bill to authorize the transmission of cer-
tain document!', by the mail,' free of postage;
which was read the first and second lime. A mo-
lion was then made by Mr. Stikfqbd that ih«
bill be committed to* Committee of the Whola;
and the question beiog taken thereupon, it passed
in the negative. The bill was then ordered to be
engrossed, and read the third time this day.
ADDITIONAL MILITARY FORCE.

The House resolved itself into a Committee of
the Whole on the following resolution, repotled
bv the committee, lo whom was referred the res-
olution for placing the country in a more com-
plete state of defence:

Eetoived, That it is expejlient immedialely to niae,
arm, and equip, fifty thoassnd TolnntMrs, to sarva fox
iba term of two jears.

The resulution having been read —

Mr. Nblson said that the House bad, a. few
days ago. unanimously adopted a resolution for
placing the country in a more complete state of
defence. The danger and probabiliiy of warap-
peared to thicken upon us every day ; and, unless
preparation were made, we should be taken in a
situatioti not Bdvantageons to the country. He
(bought it extremely doubtful whether a law on
ibia subject conld be presented to the House, and
the details so made up as tu meet the opinion of
a mtjorily. and the bM go through the other
branch of llie Legislature, and receive the san^
tioo of the President, before a blow would be
struck against us. At leasi it was biohly proba-
ble thai, before the volanteers could be put in
motion, (his would have taken place. True it
was, ilial, on a ludden attack, the militia might
be competent to repel ii. But. if anything like
Sxed hostile operation should laKe place, it would
be necessary to have some men whoxe term of
service would be taatt extensive than that of the
militia. For, however great (he patriuliun of the
people, and lie believed thev had more than any
in the world, i( was well known that manv of
them had-ii not in their power to leave (heir fam-
ilies for any great length of time. He hoped and
trusted thai ibe resolution would tneet with no
opposition from any quarter. He had framed it
in as broad a manner as possible, in order to ob-
viate the neaeniiy of entering into any discus-
sion of Ihe detail of the bill at this lime.

The Committee rose, and reported the resolu-
tion to the House.

Mr. PiTEin required the yeai and nays on (be
question of concurrence by the House.

Mr.QtRnENiCR then rose. — He said hewassut-
prised that this resolution hud passed through Ihe
Committee of the Whole wiihnui opposition. He
had hoped that some other genilcmen would
have called for the reasons which induced the
report of th« committee. !( was proposed by
this resolution to raise a standing army in time
of peace; a force, which, to his mind, was unne-
cessary on the one hand and frighiful on the
other. Was it the oWot of Oovernmeot lo
plnnge us into a War! Was

laa declaraiian of wai

.yGoogIc

947

HISTORY OF CONGRBSS.

H.OI

AddUionai Military Farce.

Dbcbubeb, 1808.

iDteoded 1 ir we were to be put into a itue of
actual old-raBliJoned war,he should wish, for one,
10 bkve Lhe fact ia the Rnl place ascerlaioed, 11
war was detecmiued on. however unaecessarj'
and unjust luch a war tnay be, the interett of ihe
coUDiry demanded that, in such a case, ihey
■bould take care ibal the couDiry should nut sur-
fer. He said, be was not prepared to pledge him-
self, in [he present slate of the natiuD, that lie
would so 10 war; and at any rate, before war
was declared, he would not give his sanclioD to
raising a force, ilie deelinaiion of which he did
not understand, and could not calculate upon.
Fifty thousand men at an expense to this oalion
for two years of J2,900,000 ! Why, said he, I
was told last year that the system on which we
were entering, the embargo syttem, was to pre-
vent war; that war was the most dreadful calam-
ity which could befall a nation. I did not want 10
be told [hat, in order to know ii. But this dread-
ful evil of war was to be averted by laying an
embargo that would bring the belligerents at our
feet ; that would perform a great cure for all the
disorders of the State, or miseries of the country.
But now it appeared (hat the embargo system
was lo be abanaoued, and war to be commeoced
in its place, h it intended by this report to say
that iho embargo has utterly failed of its purpose,
as was predicted, by those who opposed it 1 la it
lo be relinquished, because it is, in its operation,
futile ; because it has proved (hat those who com-
meaced ii were not capable of calculating the ef-
fects to be produced by il ? Whenever the em-
bargo question is brought up, in a direct proposi-
tion, it is smothered g and when atiempied to be
introduced in an amendment loany other que»-
tion before the House, it is declared out of order ;
and yet a system is here to be introduced, which,
if it proven anything, proves that the embargo

Sstem is wholly fulUe in its operation. Dogen-
tmeo mean thai the embargo system will do no
longer 1 Let us go on regularly to repeal it, then,
that we and the nation may understand it. If the
embargo be this grand preventive againal war,
which it is all along cried up to be, and which
opinion has been the means of gaining it that
languid and sickly support which it has received
from some portions ot the country ; il il is to be
continued as a coercive measure, then, sir, 1 do
insist that, raising a military force of Gfiy thou-
Mod met) is unnecessary. If the embargo be
coercive, the raising fifty thousand men for coer-
cion is unnecessary. Toe two difieieot systems
mj^atible. If we have embargo, let us

have wholly embargo j if war, wholly

~~ - - - > . peace, the raising of troops

wholly unnecessary, especially wiili our present
limited resources. I wish not. to see those m~
Ures, which a declarBtiooof waronly would v
ram, adopted before that attitude is taken. I h
DO idea of hating these chains wound round
round this House, rouod the . , ■ .

the:

«ille

Q the

A gentleman from Massachusetts (Mr. Stort)
said yesterday, if I understood him, that the em-
bargo had failed, ao far as to its coercive charac-

ter. Is it the sense of the House that it ahould
be repealed 1 Is it the sense of the Hou»e, «s the
Kenlleman from Massachusetts also intimated as
his opinion, that there should be a declaration of
war? If so, it might be proper to raise an arm^y.
But I have nb disposition to raise an army UDbl
there be war.'

There had been a lime, said Mr, O., when the
raising twelve ihousand men was considered and
held out, by many honest politiciatiSj as a meas-
ure dangerous lo the independence of the Stales
and to the rights of the people individually. Last
year six ihousand men had been raised, and now
Gfiy thousand more were called for. He had
ihoufht that, it) this country, no standing armies
should be raised in time of peace; that there
was a sHcred injunction in the Constitution for-
bidding it. Perhaps he did not correctly under-
stand the subject; this might not be a atandiog
army, because its terra of service was limited to
two yean; but it might be extended two or tea
year* more. He put the question to gentlemea
whether, in a state of peace, under the operatioa
of that very system which had been represented
as a sCibstitute for war, it would be proper to raise
ibis force? He could not reconcile it with adae
estimate of the inieresi* of the country on the
one hand, or tbe sacred injuucttonsof the Conati-
tutioo on ihe other, to raise an army lo such aa
extent. An army is to be raised ; the mode ia
which it is to he employed is uncertain. Tba
twelve thousand men, which he had before men-
tioned, was a body which coQld not be employed
to the detriment of the tibettiea of the country ;
for almost every section could raise a force to
resist such ao army if an attempt had been made
by it to destroy their liberties. We had another
security, too, agni n at this force ibeing used toabad
purptMe. At toe head of this army had beea
the great hero of the Revolution, and also the
man who had, next to him, done more for the
prosperity of tbe country than any oiher, under
whose luminous and creative mind the resources
of the whole country had been brought into ac-
tion, and spread an universal brilliancy over the
' nation insiead of that gloom and poveriy which
had preceded his influence in the United Slates.
This army, so small, and under such command-
ers, threatened rot the public liberty. Yet there
bad been men zealous and eager that aooe, the
slightest occasion, should be given for any onelo
suppose that Ihey were about, by military force,
to invade tbe liberties of the country, who had
seen horrors in this small army, which they could
scarcely find words to depict. Where were these
men, he asked, now thai an army of more than
four times the number was about to be raised;
when those two heroes were departed to tbe silent
tomb; when other commanders were lo have ibe
direction of this military force! Where were
the men who had betn struck with this patriotic
alarm 7 Why were not their voices raised now,
when a force was offered to he raised, which, if
employed to overturn the liberties of the people,
could not be resisted, but would spread iiselfover
the country and stifle tbe cBbrU of pairiotisml

.yGoogIc

949

HISTORY OP CONGEBSS.

Additional SKJitarif fbret.

To which, if resistBoee should be made, either
ihecountrr must be put under mililary deapot-
ism, or the sirugele would co.it (he coanlry hII it
had acquired since the RevolulioD, and the citi-
zeoi would have to wade kuee-deep in blood to
preserve tbat liberly which they gained by the
giorioUB Btroggle or the Revolutioo. Are we
more mfe now, said he, with an army of Gfty
iboasand men, uoder our present commanders,
than we were with twelre thousand mAi under
WASBiHaTON and HamilioD? I could wish to
believe that we were. But, 1 have not that faith
which blinds my judgment and destroys my rec-
oUectioD. No, sir, indeed I have iiolj I canool
eitinguisb from my memory thai, in one section
of this country, the liberty o( the citizen, the ju-
dicial power which shoula be inviolable, and cho
sacred right of habeas corpus, perished at the
touch of military power. I do not believe the
coDntry safe under this army ; 1 d9 not believe
the persons of the members of ibia House are
safe under it; aod I.would protest against it at
the hazard of mv head. Such are my own feel-
ing*, and I could wish, and I would strive, if 1
knew the way to the bearU of men, to recall Ifae
feelingn of '96 and '99. Or, is it true in all cases,
even with the warmest patriotism, that tempora
mutantvr. et no* ittatamur cum illial Perhaps,
however, I may not see clearly ; some argument
may be found in favor of this proposition.

What coarse, he askud, was to be given to this
army? Was a slate of war etpec led between
■bis country and France? There was now no
point at which we could come in contact with
her. Formerly, ^vben the Ffench Government
bad a despotic inSuence over that of Spain, the
Spaniards on our Western froniier could have
been set in motion agaiaat us ; but now we had
nothing to fear in that respect. Were we to have
war with Great Britain^ Was that at length
deleimined on % Had it been sellled out of doors
Ibat we were to. have war, and were the House
now called upon to vote what coutd only be a
legitimate consequence of a declaration of war?
This army mast he intended to he employed out
of the country; for to self-defence the militia

this force to be employed again^il Canada, or io
giving legitimate form to the Burr project?
Was It to go to Mexico ? Mr. G. said his mind
bad been struck with a kind of horror which he
CDuld not exptess at this projected army, and he
could not sit still, aod give a silent vsie when a
project wbieb he believed to carry with it so many
mischiefs, perhaps such utter ruin, was set on foot.
He did not believe, he said, that the public
liberty would be more safe In the hands of (hose
who now directed the public concerns, than it
had been formerly in the hands of other rulers.
There was a fact which filled his mind with
alarm communicated to bim, and that years
■go, by a man whose mind was as pure as that
of any human bein^ that ever existed— a fact
concerning the opinions as to whatougbt tohave
been the form of Qoverntnent, aatj as to the

theories of the ^eDtleman who was most proba-
bly to be high in power in this country, which
had made such an impression- on him (bathe

could not but at this moment view this project
with increased borrur and dread. He would,
however, say no more of that at present; but. in
his plain and humble conception, the public lib-
erty was in danger ; and here within these walls,
within thi& aanciuary of American independence,
it was that the public liberty was (o be saved.
I( was here, by recurring to first principles, to
that great principle, that free States should be
jealous of military power, that he looked for its
salvation. At a time wnen, under pretence of
enforcing theembargo, an unconatituiional power
was prmwsed to be placed in the hands of Exec-
utive officers, when an arbitrary power was to be
exercised on mere suspicion, when with all this
was combined a strong and overwhelming mili<
tary force, he coulJ not at such a period be silent.
Yes, sir, I do in my soul and conscience believe
that if ever there was a lime when we should
make a solemn pause and look around us, and
survey our condition with a cool and calculating
eyej this is (be period; and 1 for one have not
hesitated to give the alarm. I would place my-
self here, upon the ramparts of the Constitution,
and give the alarm to the country. I would
place myself here on the signal-tower of the
public liberty, and sound the tocsin of alarm to
(he nation. We can lose nothing by being jeal-
ous; by withdrawing enormous power from Ex-
ecutive agents. By a contrary conduct we may
lose everything sacred without a hope of regaia-
ing it.

Mr. Epfes said (here was no man who regret-
ted more than himself that, at a period when the
safety, honor, and independence of this country
were assailed by external danger; when, under
the pressure of a measure resorted to under cir-
cumstances of the most urgent necessity, the cit-
izens of this country had manifested a feeling
calculated to excite sensations here and else-
where ; iba[ such a period should be seized by
gentlemen not to exert their talents in steering
the neliuoal bark through the billows by which
it was surrounded, but in endeavoring to thwart
every measure proposed. The gentleman front
New York has told us that he will sound the toc-
sin of alarm to the people. And what is the pro-
ject of the gentleman himself? Why, he has
told yoi) on a former day, openly, honestly, and
fairly, that he is for a war with France; he is
willing to pocket all the injuries which we have
received from Great Britain, and to go to war
with France. In vain would the gentleman sound
the tocsin of alarm, if this is his project. The
people of the United Slates would not go with
him. I( is not the sentiment of any portion of
our citizens, except of the old Tories of out
Revolution. He would not be followed by the
American people in taking to his bosom a nation
which has murdered your citizens, and making
war upon a nation which has pillagt;d your com-
merce. I cannot reconcile the project with mv
ideas of moral principle. He would not bp fol-

.yGooglc

HISTORY OF CONGRESS.

AddBional Military Fartt.

DEOiHveR, 180S.

lowed by Ihe Pederatista. I cannot beliexe thai
those who walked io proceasion aHer Ihe bodjrof
the murdered Pierce, could sianjp on ihetnuelves
the chataeier of baae hypocrisy by leking lo
their boson) the nation which commiiied the out-
riee, while the blood of Pierce, and a hojl Ot
Other injuries more derailing, remain veE una-
toned for. All our injuries remain unredressed ;
not the smallest apology has been made, but the
feelings of the country not only disregarded, but
insulied by new acts of violence and injustice.
The gentleman's project to save the honor of
the nation is ^^ubmisKJon lo England and war
with France. 1 pronounce with conQdence it Is
not the sentiment of the American people. The
gentleman from New Yurt has taken occasion
to iniroduee the name of Wabrinqton. The
■entiments which that genlleman has expressed
were never those of Washihoton. He never
would have been willing to put chains on his
countrymen, to consent tu a shackled commerce;
lo allow foreign nations lo say to his country,
thus fnr you »tiall go and no farther. This is not
the spirit of Washington; it is not the spirit
which produced our Revolution; opposition to
tyrants, and a manly assertion of our rights at
every hazard, gave us our rank as an independ-
ent nation. The same spirit still perTides our
coujitry, and I trust it will ever remain. It never,
however, has been the policy of this Govcro-
meni to rush rashly into war. The history
of our country under former Adrainrslr.itions
demonstrates this fact; and under 'the Aflminis-
tration of Washington, as well as under every
other, we have borne with patience degrading
insult and injury. At to the great regard of for-
mer Administrations for the personal rights of
the citizen, on which the gentleman has dwelt,
I shall not go into that part of the subject. In
layingnn embargo, even in the time of Wash-
ihoton, a short resolution was passed in which
the power was vested, and the execution left, to
the Bieeutive. This was though!

rery Consiitutional and proper, no doubt, by the
Fede " ■" '

could very constitutionally a^opt the old

We, however, can frame
nal law on this subject, although they
ery constitutionally adopt the old maxim,
will it," and enforce their system. Whilej
however, I am DOI disposed lo excite unnleasanl
'"■""'■'■ acts of former

course pursued under General Washinoton and
Mr, Adams, as to foreign nalions, will show that
if never has been our policy to plunge rashly in-
to war. I beg leave to read on tins subject an
extract from a speech delivered in 1603 :

"Our liifTerencea with Oieat Britain wers coeval
with the Treaty of Peace. Tha deteotion of the
Weatern poala wai a direct vioUtiaa of that treaty ;
it diverted a cooiiderable portion of the fur tnde from
the United States, and disabled us from bridliug the
hoatile Indiana, which wa* ■ louice of immanae in-
jury. Thia evil continued for tnelve jeara, under
ever; circumitanca of af^grivation snd insult. Britiah
■oldisra ianied from thoae forts into parts of oar terri-
tory, where we eiardied jutiadictioo, and aetMd the

psnoni of daaertera wilhoat the aid or ■anction af
the authorities of the country, and theae poaaeaaions
aerved.aa aayiniaa for the aavagea who were in hoatile
array agaiaat ua, and aa atorehouaea and magBiinea to
■np^y them with armi^ ammunitioB, and proTiiions.
The aeat of Govarnroent of Upper Canada wai al»
held for a time at Niagara, in the 8U1« of New York,
an indignity of the moat mukeil cbaractar. Kaoj
thonaands of negroea were also carried off in viola-
tion of lbs trealj, and a verj aeiious injury naa there-
by inSiclsd on the agricultural puiauita of the Soutli-
in citizens.

" It is well known that we were engaged in ■ bloody
ind eipcnsive nar with aeveral of the Indian tribes ;
that two of our armies had benn ranted by Ibem. and
we wpre finally compelled to make great cflbrts
m the tide of victory. Theae Indiana were eo-
couraged and aided by the emiaaariea of Great Britain ;
Britiah aubjecta were seen diaguiaed fighting in their
nnka, and Britiah agents were known to famiahthem
with provisiena and the implementa of war. The
Governor General of (Jenada, a highly confidential
and diatiDguiahed officer, delivered a ipaech to the
Seven IJationa of I^ower Canada, exciting thtaa t«
enmity againat thia country; but in order to fumiah
the latagea at war with aufficicnt aid. a detachioenl
of Uritisli troopa penetrated into our lerritor}, aod
creeled a bit on the Miami river. Here the Indiana,
disperaed and defeated by Wayne, took refuse, and
were pratccl«d under the tnuzilo of British cannon.
A violation of tcnilory ia one of the moat flagrant in-
juriea which ran be oHercd to a nation, and would JD
most cases justify an immedisle resort to aima, becauae
inmost esses essential to self-defonce. Not contfot
with exciting the aavages of America against na.
Great Britain extended her hostility te the Eantm
Hemiaphere, and let loose the btrbarlani of Africa
upon us. A war exiated at that time between Portu-
gal end Algiers. The former blodted np the mouth of
the Strnita by her aupeiior naval torn, and prevented
Ihe piiataa from a commnnieation trith the AtJanlic.
Poilagal haa been tbr a lung time anbaerrieDt to the
views of Great Britain. A peace was effected through
the medialiao of the latter. Our unprotected mer-
chantman were then expoied, without defence, to the
piracies of Algiers. Thua, in three-quartera of the
«lobe, we at one time fait the oSecIa of Britiah enmity.
In Ihe meantime our commerce in every sea waa ex-
posed lo her rapacity. All France was declared in a
state of siege, aod the conveyance of pravisinna ei-
preasly interdicted to ueutrala. Paper blockadca were
BUbatituled for actual ones, and the staple commodities
of onr counlir lay perishing in our storehouaes, or
were ceptured on the ocean, and diveKed from the
lawfal proprietors. Our seamen were preased wherever
found. Our pratectiona were a mbjecl of deriaion,
and oppoaition to the imperioaa mandates of their
haughty lyranta waa punished by famine or b^ atripn,
by impriaonment or by the gibbet. To com]riete the
full meoanre of our wrouga, the Novamber orden of
1793 were iaaued ; our abipa were awept frem the
ocsaa, as if by the operation of enehaatment ; hni>-
drada of them were captured ; almost all our morJianu
were greatly injured, and Many of them reduced to
eitceme poverty. Theae proceedinga, without even a
pretext, without the forms of justice, without the sem-
blance of equity, were calculated to inflamo every
American feeling, and to nerve every American arm.
?Icgotiation was, however, punned ; an envoy ez/rA-
ordinary, in every aenae of the word, waa sent to

.yGoogIc

HI8T0ET OF CONGRESS.

December, 1608.

AdditiomU MUitarp Force.

H.OFR.

denanil redren, and n Treaty of Amity, Commeioe,
anii NaiigBtioii, wai formed iiid istiGed. TheM events
took placa under the Adminiitratian of W^shihstov.
The Spaniih Treaty, conduiled on the 37th of Oclo-
lier, 1795, itlpulated Tor a aeUlement of bonndariea,
and an an adJDRmenl of ipolialioDs on commerce, '
and contained B declaration of the free navigatiaa of'
the MiiBisiipjii, aod a grant of the priiilege of depoa- !
ite at New Orleanl. Tbi* tieaty for more ihaalwo i
yean alterwarda wa* pot ciecuted on the part of Spain, i
In January, 1T98, a report was made (o Mr. Adams, |
by Mr. Secretary Rcterins, and aabmitlrd to Con- 1
grew, which chained Spain with retaining her troops !
and garrison! within the United Stalea, with evading
to run the boundary line, with (topping, conlrotling,
and regnlattng the pusuge of our eitizena on the Mia-
aiaaippi, and with aending emiaaariea among the In-
diana residing within oul terriloriM, in violation of
the treaty and the relatiena of amity. Here, then, a
treaty aecuriog the important benefit of daposite, waa
in a itate of ineiecution lot a long period. Our citi-
iun* were also intermpled in the free navigation of
the MiBaia8q)pi, and other aggreaaioaa, aflecling our
territorial li^tf, and. our internal peace, wore luper-
added."

" An amicable explanation Wu had with Spain, and
our wrong! were Htiibctoiily redreaaBd. Thia look
place in the Adminiitration of Mr. Adama, and when
most of the honorable gentlemen who lupport this
war resoluliun, except such as were dangling in the
Courts of Europe, held prominent itBtlona in the
conncila of the country.

" Our diflerencea with Prance were^ of a more aeri-
ous nattlie, and of a longer duration. They com-
menced in the Admintatralion of General WisntHe-
Ton, end were adjusted in that of bia aaeceaaor. Great
and enormouB depredations were committed upon our
commerce by France, and our merchants were fraud-
ulently robbed of compeniation for provisiona mpplied
berin the hour of diatreee. The treaty and eonralar
convention were violated. Tbe right of embaaay — a
aacred right — respected eveo by the ferocioni lavage,
waa wantonly trampled upon ; and tbe repreaeotative
of our national aovereignty wa* refuied a reception,
and ignominioaalj ordered out of France. A fresb
attempt at negotiation waa made; three Mlniftets were
sent, armed with all the powera, and clothed with all
the honon of diplomacy. Tbey were alio refuaed a
bearing, and were forced to leave the country without
experiencing the forma of commori civility. Tbe treaty
waa tlien annulled, apd repriaals directed ; and when
the honorable gentlemen and th«i IVienda, then in
power, had worked up the paasione of the nation to
the highest fuieh of eiaiperation ; when war,.bloody
war, waa eipeeted (roof ail quarters ; when the war-
worn aoldieta of the Reiolution were girding <m tbetr
tworda, uid prepuing to stand between their country
and the danger that menaced her, the arena suddenly
changed; the black cloud ptaed away; and we again
beheld three Ministers at Psris eiteoding the olive-
branch, baryihg alt animosities, and returning with a
treaty of "firm, inridable, and universal peace, and
true and sincere friendship."

I have read thiisiaiemeni, sir, (said Mr. Effeh)
bvcauie ii ii ilie deliberate aoJ grave siateraent
of a man arrived at that period oflife, when h« is
not so macliunderihe influence of passioD. It is
a slHiemenl of facts, which if made bj myself
might be attributed to parly fceliogt It protea

that it never has been the policy of this natioa
lightly to embark in war. And however ihegen-
tlemaD from New York and tnysvlf may differ in
other respects, we unite in this: that no evil is so
great as war, except a sarrender of our indepen-
dence; nolhing nhort of an attack on which
should induce any nation to resort to this alterna-
native, injurious to every nation, but particularly

;r pres-

) to 01

So far then as we have progressed in oi
em siiiialiDn,«Dfar as the course pnriued v
cuiated to preserve peace, it whs a cour!<e wliich
justice and humanity dictated, and which has
been approved by the nation. But is there never
to he an end to the sufferance of a nation 1 Is
there do lime when we shall acti The idea of
a permanent embargo— and when on this part of
the subject, 1 shall perhaps be told, as another gen-
tleman was yesterday, that ray observations re-
semble more the slang of an ale-house tbaa
ilie debate ofa deliberative body — this idea, I ob-
serve is to be found only in the speeches of those
who opposed the measure. Such an idea cannot
be inferred from tbe coaduet of members of thia
House, or from anything else which bas occurred.
It ptoceed.i only front men who, from the Srst mo-
ment the measure was laid on yonr tabte, endea-
vored to place ii in the most vdious colors. Im-
mediately after the measare was adopted laet
winter, what takes place, air? A man diclin-
guished by the favor of the people, a man advan-
ced In yeara, the very man who in 1798, kept back
the despatches from Mr. Adamn, and had almoet
pluDged us inici a war with Prsnce by this act,
what does hadol In 1808, be displays the same
spirit of hostility to France, which he manifeated
ia 1798; writes a letter in which he attributes the
embargo to French inSuenee, to the mandates of
Bonaparte. [Mr. OAEDBNiEit-reqoetted the gen-
ileman from Virginia to name him.] Mr. Eppes.
"General" Pioaenine. [Itappeaved to hedoubt'
ed whether Mr. Epraa was in order. Mr. StitLiH
baid that if the gentleman from New York was
permitted to criminate his own Government, are-
ply ought certainly to be allowed.] Mr. Eppbs
coBlioued. I wish it ta be understood by th«
Speaker and the Hbuse, that I hold myself re-
sponsible to any man who is injured by my obser-
vations. No clrcnmsiaDce shall deter me from
expressing the truth in relation to our affairs. It
is lime that the nation shonld see the strange
union of tentitneni between. geoileman in opp«-
sition and that GuverDmmil which has injured
us raoM. lam responsible for my assertions. I
have a right to discharge my duty in ibstway
which I pleaiie, and in thai way I will. I then
say this letter proceeded from tbe man who in 179S
waa willing, we* aniiona to involve the United
aietea in a war with France. There was a parlf
in thiseooDiry in favor of it; and if correctly in-
rormei],theman who wrote this famous letter is at
the bead of that very patty ; a parly connected and
kMwn under the name of the £>sec Jnnto. Thia
was the first stroke at the emhargo; and what
look place afierwardsl I regret (bat a gentleman
fVom MaaNchnetti (Mr. LtviBHOiB) i* nvt ia

.yGoogIc

956

HISTORY OF CONGRESS.

956

H. or R.

Additional Military fhrce.

Decehbkr, leOS.

his place, whose speech, as delirered to hia con-
stituents, was seat here same weeks before aur
Ust adjouromeDi, said to have been delivered to
tite inhabiiaoiBof his districi.in which he declar-
ed ihalSouihernmembersof iafliienceia theRe-

their hostilit, _. — „

had the candor to declare that be did not Diak« to
his conslitueots such a statement ; but sir, it was
circulated as his speech, immediatelr previous to
tbe election, and although the geatlemaQ never
made such aspeech, many people m Maisacbuseits
believed that he had not only made (he speech, but
that itwasadeliherateexpres&iooof hisseniimeals.
These things jostiry the stateinenlorthegenllr [nan
from Massachusetts, (Mr. STOBy,)that misrepre-
aeotatioQi have been spread amoo^st the people.
The Federal printers have united in eiviog cur-
rency (o these misrepresentations. They have
even made speeches for memhera of Coof^eis;
they have made them Bcouse the majority ol Con-
gress of being under French Influence. A senli-
roeot of this sort has been given in a speech of
(he gentleman from New York, (Mr. Qabbenieb.)
though it ii denied.

[Nlr. Gardehibk said he never had eipressed
auch an spinion-; the speech which he hat! seen
printed had not cofiveyed that idea. He never
totended to express such in idea ; for, however
he differed in opinion wiih genilemeii, '
had the slightest suspicion t^i
governed by dishr
up their coune as perDicious to the naliim, and
oerer, would cease to do so, tbua performing a
Constitutional right, and a duty from which he
would never shrink.]

It never has been my habit, eonUnued Mr.
RppBa, to attribute to gentlemen improper mo-
tives ; I never have done so, but the course which
has been pursued will give weigiit to tbe opinion
■Ireadv entertained in Qreat Britain that we are
I divided people— that we are divided in opinion
on what the gentleman from New York himself
has called a self-evident proposition— ^t hat the
belligerent decrees cannot be submitted to with-
out a surrender of our rights, independence, and
honor. Are we to be surprised that the people of
Massachusetts, or of any other pan of the United
Slates, are agitated when they find men so en-
lightened as their Representatives in Congress
telling them that this is to be a permanent system?
Do gentlemen really believe that it is our inien*
tion to abide by the erabargo until our injuries
are redressed, h« that soon or late 1 Do they be-
lieve that the embargo is all that is to he opposed
to insult, injury, and blows 1 Do they believe
that we are destitute of sense 1 I foi one uoa-
quivacally deny tlial I ever had such an idea, or
MOV person with whom I ever conveiRed on the
■nuject, except the gentlemen who opfx>sed it, to
whom it was convenient to represent it as a per-
maaent measure. And whatever gentlemen may
say i)Q other suhieets, they will do me the justice
(0 say that at the last session I told them my
opinion, that tbe period would arrive when the
embargo would be removed; and thatwhen it

was, there was no other course than'war, open
aT»d direct, or submission. I defy genilemea aay-
where to find the embargo considered as a per-
manent measure, but in their own sfweches and
the orinta of their party.

Tne circunlBtantKs which produced the em*
bargo are well known ; but the misfortune is (bat
geotlemen will not slate the question fairly, but
cover it under a heap of lumber, calculated to
conceal from the people the real question. Let
the question be fairly put, and there is not a man
in America (always excepting old tories) who
would not say that they will resist. What is ibe
real state of our aflairs — and I. will not stop here
10 discuss who began first'! . If we meamo assert
and maintain our tights, it is totally immaterial
to us who commenced, though on this eubicct I
might refer Reoilemen to tlie lettet of Mr. Ham-
mond in 1703, in which he takes the^found now
msintained, and asserts the right of Great Britain
lo blockade the whole of France. The statement
of our situation is simply this: Great Britain says
if you go to France or her dependencies without
alicvDseirom her, your property shall be liable
to seizure and condemnaiion. France says if

Siu have visited Biitain or been visited by a
riioB, your vessels shall be liable to seizure and
conGscation. Now take the dependencies and
allies of France and Elngland, and what remains I
Your commerce is as completely blockaded by
ihese decrees, as the port of Boston was in the
ftevoluiionatywar; and when geutlrmea come
forward and tell you that your ships are rotting
in your ports, and the country suffering, ana
attribute this to the embargo, is it fair? Is it
manly t Is it nol an amirtion materially variant
from our present situation? I call upon any
man, federalist, quid, or of what deaamination he
may be, to answer whether these decrees have
not destroyed our commerce ; and yet the destruc-
tion is imputed to the embargo. At the lime the
embargo was laid, oDr exports amounted to one
hundred and eight millions annually. Taking
all the countries with whom we eould trade,
throwing Qreat Britain out of the question, with
whom I contend thai no man can be wiliiog to
trade under existing circumstances, and our whole
commerce does not amount to seven [nillionaand
a half — a commerce not equal to one half of the
exports from Massachusetts alone; and give Mas-
sachusetts het relative share of one-fifth of this
seven millions of commerce, and this is all she
can have to support her seamen, to enrich her
merchants, whom the embargo is said to have
destroyed. This is the real situation of the coun-
try. Do the people of the Eastern portion of it
know it? No, sir, it is kept from them; ihey
cannot find it in the speeches of their RepreseniB'
lives. No, sir ; there, it is all embargo, the favor-
ite hobby-horse of Federalism.

Having thus attempted lo show that it was not
my intention when the embargo was laid, to con-
sider it as a permanent measure, Iwill proceed to
state some' circumstances which have rendered
tbis measure less operative than it would alher-
wiae have been. The embargo had two ohjeets,

.yGoogIc

mSTORT OF CONGRESS.

Decevbbk, ]

Additional Military Fbree.

.H.orR.

to ^ther ID our capital, and to nirbhold aapplks
from our enemies. The first object has been
completely aaswered, and there is uol a period
at which It would be more necessary to adhere to
it than at ibe preseal momenl. To withhold
supplies from our enemies is now more importaot
than ever. The nation must be put in a alale to

It is in rain for gentlemen to attempt to delude
the people. The (Tecrees of England and France
must be withdrawn, or we must fight ; it cannni
be avoided. We have declared we will not sab-
mit, and there is no species of effectual resistance
but war.

We have a right to carrjr onr produce to everjr
place on the ^li^e whose municipal regulations
do not forbid il. France has a right to interdict
our trade with herself, but none to interdict it
iriih her enemy. Great Britain has a right to
exclude us from her ports, but none to compel us
to go there. What other course, I ask, can the
United States take but war, or submission to
tttese deervesT Let genilemen examine the va-
lio us proposals brought forward. It is immale-
rial wnether we pass a law that we will reduce
our trade to the places left by the decrees, or
suffer il to be so reduced by the decrees them-
selres. In either case we submit ; we aUow for-
eign DatioDs to fix the amount of our commerce,
to destroy the fruitsof our industry, and legislate
for us.

Now, sir, I do Dot beUere that there is a Dative
American in any pkrt of the United States who
is disposed to submit; and I rejoice that in this
House there is do division of sentiment. , Oen-

tlemeu hare publicly declared thai they will n
submit. In what form then will ihey i
We hare tried paper long enough. It i:

either to exert the energies of the
give up t>ur rights and again become the colonies
of Great Britain. lam not for that. I hare do
otber interest than thai in laDd, by the pro-
dace of which I lire. I would sooner let ii go
in the general wreck of my country than surren-
der those rights whrch are so important to the
Datiou, and which our fathers purchased with their
best blood. 1 am not for disgracing our ances-
tors who fled from oppression abroad ; I am not
for proving ourselves a base degenerate offspring.
"We possess a country of two iboQsand miles ex-
tent, a population of six millions of souls, and six
hundred thousand men fit to bear arms. If with
ibis we cannot preserve our independence, we
deserre to be kicked out of the territories neck
and heels by those Powers whom we hare suSered
to trample on our maritime rights.

la the course of my remarks, I hare noticed
the strange union of sentiment between ^Dlle-
mea in the opposition and the British Ministry,
on the subject of the embargo.

On this subject I will read an extract of a Min-
isterial pamphlet:

"PrOTideDce bsi ordained that nations, s« well ai
individasb, Bhantd, in a certain degree, be dependeai
on each other ; and the inbibitsnta of no connti? eaii

be debarred from their accustomeJ eommercial com-
municationa nithout haing depriTed of many advan-
U^s and eiijoymsnts. Society being thus comliluted,
the GoTammenl that attacks the comfon and happi-
ness of the peo^e, by prohibiting tbia intercourse,
alicQatM thair ■Sectiona, aod conaaqasntlj holda its
uathority by ■ very precarious tennre. Whsn the late
Emperor Paal entered into the coafedaracy sgsinst
Great Britain, bia aubjects were at once reduced to bb-
Teie and geaeiat diitresa. Their hemp, their flax,
their tallow, their ashes, Ibeii iron, their timber, all
their great staple commoditiea, for the aale of which
they depended on Britiah purchasers, were led a dead
weight upon their hands. If the produce of the taod
becomes of no value, the landlord may apply to hia
tenant for rent in Tain. If tha vaaaal can procure no
employment, he can pay nothing to his lord. Thus
the noble*, whose revenuq is derived from the rent of
their estates, snd the labor of their vassals, found them-
aelvea involved in the calamity of their inferior*; and
were led bj common interest to attempt that revoln-
tton which coat the Bmparor hia crown and hia life.

" If any further elnddation of the principle to which
this event is aacribed were wanting, it pramiaea to be
found in the United Slatea of America, where the cul-
Uvatora of the soil are deprived of the fiaita of their
labors, and the merchants of their commercial gsina,
by the present embargo. This forced atale of Ihinp
cannot be of long continuance^ Already have the
Vennunteae set the constitated authoritie* at defiance,
and persist in carrying on tbeir trade with the Cana-
diana acnM* Lake Cham[dain, while the Northern
Slate* manifeat atrong symptoms of discontent."

Perhaps I ought to apologize to the Repre-
sentatives from the Stale of Vermont for read-
ing a clause speDkinir pfitiicularly of that State,
but I assure the gentlemen that it is not my wish
to bring the attention of the House to eircura-
atances which have passed there. I view them
with that deep regret with which I shall ever
view a similar stale of things in any portion of
the country. I regret that any portion of the
people of this country, however they may feel,
should not manifest their feeling in that form
prescribed by the Constitution and the laws. —
We 6re told by this pamphlet, of true British
origin, that the United Stales cannot stand this
measure; and what are wc told od this floor?
" You cannot aland it ; you ate committing sui-
cide on yourselves." All this goes to Great
Britain ; what I say never will reach it. All there
seen of it will be asarbled sialement in a Federal
paper, which I could cover with my thumb, and
that will be se'nt to Great Britain. Through this
corropted source tbeir information is derived, and
they know nothing of the reul situation of Ameri-
can feeling, or of the American character, And
lithe Government to blame, when I declare to
God that I have seen speeches atirtbnted to me
which I hare never made — the most shameful
misrepresenialion made by men brought here,
not for the purpose of reporting our proceedings
to the nation, but for supporting party purposes.
Gentlemen tell us we cannot stand a permanent
embargo. We never intended it. Gentlemen
well know that the rights of the nation cannot be
abaodooed without a strng^le. The only ques-

.yGooglc

HISTORY OF CONGRMS.

H. OF R.

AddUional Military fhnx.

Dbobmbbr, 1808.

lion is nhen lo connnence it. Our resources
will sooD bv B( our conimaD<J. MeuQs of resiil-
ince are provided, and llie period mmt soon ai-
rlve wheo DOlhJDfc will be wanling bul spirit oa
the pari of tbe Bepreaeniatives to um Ihetn.
Th« pFople are wiih you; you have llieir lup-
port. Noihingcao forfeil il but abandoning their
rights. If by war onl)[ they can be raaiaiaised,
the people will meet it with firmnem. I tievi:r
had any oiher feeling, but that iheise decrees
must be withdrawn, or we must resort !□ war. I
said fo lart year; I spoke it openly. My seoti-
mpnts are known to ihe people I represent. Tbey
unite in thnt sentiment. Ii is [he undivided sea-
liment of the Siaie in which I live.

It had twen said that the Southern neople wish
to destroy commerce. ] will ask gentlemen what
but commerce has produced uur present difficul-
tien 7 If I bad consulted my ialeiest ouly, of what
impociance to me was the carryiag trade t- None,
sir i but it was, it ever will be ol infioite intpor.
lance to me to support the princi pies uf our Con-
fiiiutioii. Wbat are these principles? Equal and
exact justice to every class of our citizens. Uni-
ted fur common protection and fur the general
ttfety, the rights of no one class can be abao-
doaed. The merchant hasai good a right lo pro-
tection in the use of bis ship as the farmer in fhe'
me of his plongh. I said so iu 1805, and I say no
still. Our situation, however, is now changed ;
it is no longer a commercial question ; the late
decrees and orders make a direct attack on the
■overeigDtf of the nation ; it it no longer a ques-
tion whether we wilt trade, but whether we will
maintain or surrender our iadependencc. The
embargo, at the time it was adopted, was, I be~
liove, the best measure which could hava been
resorted to. lis operation was defeated partly by
the misrepresentations of which 1 have spoken.
While on this subject I will ask attention to an-
other poiol, which I had nearly omitted. I have
aaid someihing about Tories, I wish it to he un-
derstood, that 1 mean no gentleman in this House.
I meant to slate that the Torv principle had man-
ifested itself in a portion of tnia country, and that
it was that priociple, in union with the. agents
and acts of the British Government, which pri>-
duced the evasions of our law. Your towns
awarm with these Brituh ageoli, who send to
their friends, what is etsential lo their prosperity,
in violation of your law. Nay, sir, lory ism in
this country has, in una case, assumed a sort of
official form. I refer to the proceediiigs of the
Essex Junto. I bold them in my hand, and 1
will read a resolution from them. These pa-

dated Novamber, 1B06, declaring all the
■rinions in a stole of blockaila. Great Britain maj
think these erden completely juilifled by the lac
taiionit, (Iaw of retaliation,) Thoce is do raaian lo
oonaidsr them as originsting from a diapoiition hgstila
to this country, and the; aught not to be aa considered,
it is notori«as that she could, according to known law

and usage, plead the actual blodiade, byhci Davy, of

all the principal ports under the power of France.

Now, ><ir, this I say is a rank Tory principle;
and it is immaterial what may be the professions
of men. The man who can say in the present
oilualion of our country, that the conduct of Great
Britain towards us is justified by the Ux taliontw,
or by any other law, is a Tory. It is in vain for
people in any portion of the Union to make pro-
''- 3ns of patriotism, when ihey come forward,
by a public act say, that we have no cause oi
plaiat againtt Great Britaiti. J wish gentle-
correctly to aoderstaad mo. If the British
)n would come forward and make reparation
fur the insults offered in our ports and waters,
she would Eland with rue on equal ground with
France. But when I recollect (hat, instead of
tendering reparation for th^ most humiliating
insults and injuries, afae aenl here a legalized spy
to insult us with insolent demands, I cannot con-
sider, in poini'of injury done to this country, these
two foreign nations as equal in lt)e hoaorable ca-
reer oC injustice and violence towards us. Let
Great Britain redress these injuries, and I would
as soon tender the hand of tecoo cilia lion to her as
la France.

I believ«tlte prlneiplee of both are infamoDs.
That in a conteat for the enapire of the world
they regard only their own aggrandizement. It
is the duty of the United States to take a firm
nnd manly attitude, and oppose both; to miin-
tain the independence of the nation, nnd spurn a
foreign yoke. You mustasseriyonrri^hti; they
cannot be maiatained without men. The inde-
pendence of onr country is an object before which
all difiereoces as to the internal administration of
□ur affairs should sink. This is a period when
all l|onest men have a common interest, li is a
period in which all party feelings should be sacri-
ficed ai the shrine of our country's ^od. It is a
period when Federalists ougbt to forget that thejr
have hint the helm of State, when the old Tories
diapersed through our country should forget that
we have acquired independence, and when all
honest men abould unite to maintain those right*
which are the birthright of an American.

Mr. Qdinct. — I agree with thegeDileman from
Virginia, (Mr. Kpfeb,) that the present is a peri-
od in which it becomes the memhers of this Le-
gitlaiuteio maintain their independence and not
to shrink from responsibility. 1 agree, that it is
a time in which all men in places of irmt should
Weigh well the principles by which ihey are ac-
tuated, and the ends at whfch ihey aim ; and that
they should mark both so distinctly as that iher
may be fully understood by the people. But I
hope it is not, and that there never will be a lime
in which it becomes the duty of any manor set of
men, on ihi'« floor, under pretence of national ex-
igencies, to concur in an infringement of the
limits of the Conslituiioa. I trust it is not a time
for a member of such a Legislature as tbi%
ihonghtlessly to strengthen hands which already
ho^d powers inconsistent with civil liberty, by a
surrender of authority, especially intrusted to m

.yGoogIc

mSTOET OF CONGRESS.

DsoEMBBa, 1308.

AddUioTial Military f\>nx.

H. OF R.

bf the people, iato Ihe ezcliKiTe poMscsion of ao-
other deparimeat of the GoverDroeot.

The geoilemsD Irom Virginia (Mr. Eppes)
alleges ibaC the men whom he calls Federalista
hiTe, for party purpoiea, represented the embargo
as a permaoeac measare. He disclaims luch ao
idea, both od his own accouot and on that of a
majority oflbisHouse. On Ibia head, 1 am ready
to maiatain ihnt the embargo law, as ii was on-
yiDally paued, was en abase of (be powers vested
in this branch of tbe Legislature, and as it has
beea subsequently enforced hy supplementary
laws, is a manifest violation of the Ceastiluiioo.
and anassumplioo of powers rested in the States;
and that, until I have some salisEaction on these
points, 1 am not disposed to passalawfor raising
such an additional militaiy force as this bill con-
Concerning the permaneocy of tb.e embargo,
about which so much wice-drawing ingenuLty
has been exercised, this I assert, lUt, so far as
telales to the powers of this House, ibe embargo
is permaDeot. That control over commerce,
which ttie Coaatitution has vested in us, we have
traiksferted to the Executive. Wheiber the peo-
ple shall erer enjoy any commerce again, or whe-
ther we shall ever have any power m its reguU-'
tioa, depends not upon the will of this Home,
hm upon tbe will of the President and of twelve
members of the Senate. Tbe manner in which
the powers vested in ibis branch of the Legisla-
ture has been exercised, I hesitate not to declare
a Ragrant abuse of those powers and a violati
of the most acknowledged safeguards of ci
liberty.

Sir, what is the relation la which this Hou
in the eye of the Constiiuiion, stands to the peo-
ple? Is it not composed of men, emanating from
the mass of the commnniiy 7 Are noi our iniec-
eits peculiarly identified with theirs? Is not this
tbe place in whicb the people have a, right n
rally to took for ibe strongest struggle for
Constitutional privileges, and the last surrender of
them unconditionally to the Executive? Is not
Ibe power to regnlate commerce one of tbe most
imporiaat of all the (rusts reposed in us by (he
people? Yet, bow have we exercised this most
interesting power 1 Why^ sir, we have so exer-
cised it as not only (o annihilate commerce, for
the present, but so as that we can never, hereaf-
ter, have any commerce lo regulate nniil the Pre-
sident and twelve Senators permit. Gentlemen
when pressed upon the Conslituliooal point re-
solting from the permanent nature of (bis embar-
I, repel it as the geDtlemen from Virginia (Mr.

J8) did jus

r, by a broad denia

not permanent," say ihey. "It was never intend-
ed to be permanent." Vet it has every feature of
permanency. It is impossible for terms to give
it-amore unlimited duraiinn. With respect lo
inienttnns, the President and Senate have a right
to speak on (hat subject. They have power to
permit commerce agnio to be prosecuted, or (o
oonlinue its prohibition. But, what right have
We to talk in this manner? I know ihat we every
fay amuse oarselvn in making some law about
lOth CoH. 2d Sxss.— 31

commerce. Sir, this is permitted. It is a part of
the delusion by which we practise upon (he peo-
ple, and perhaps upon ourselves, Wbileeogased
m deba(e, we feel as if tbe power to regulate
commerce was yet in this House. But, put this
matter to ihe test; pass a law to-morrow unani-
mously repealing the emhargo; let two-thirds of
tbe Senate concur j let the President and twelve
men determine not to repeal; I ask, is there any
power in this House to prevent them from con-
tinuing this embargo forever? The fact is unde-
niable. Let tbe President and twelve men ob-
stinately persist in adhereace to (his measure,
aud, in spite of the intentions of (his House, (be
people can alone again obtain (heir commerce br
a revolution. I( follows, from what 1 have s(aced,
ihai those mav well enough talk about what.the^
intend, who nave tbe power of fulfilling iheir
iuientions; bat, on that subject, it becomes the
members of (his House to oe siieni, since that
power which we once possessed, has, by our own
act, departed. So far as this House can ever
hereafter enjoy the opportanily of again regulat-
ing commerce, it depends not upon (he gift it re-
ceived from (be people, but upon the restoration to
usof that power, which, the people having inttuit-
ed to our care, we have without limitation trans-
rred to the Executive.

Yes, sir; the people ouce had a commerce.'
Onoe (bis House possessed (he power (o regula(e
it. Of all the grams in tbe Constitution, per-
haps this was most highly prized by the people.
It was truly the apple of their eye. To their
concern for it, (he Conslilution almost owes ita
They brought (his, (he object of their
iSeciions, and delivered it to (he custody
of this House^ as a tender parent would deliver
tbe hope of his declining years, with a trembling
solicitude in its selected guardiaiu. And bow
have we conducted in this sacred (rus(? Why,
delivered it over to the care of twelve dry-nursea,
concerning whose tempers '
whose intentions we canno
anytbinjf we know, may, bo
interest m destrnying it.

Yes, sir, the people did inlrast us with ibat
great powerr-the regulation of commerce. It
was (heir most precious jewel; richer (ban all
(be mines of Pern and Qolconda. But we have
sported with it, as though it were common dust.
Wiiha thoughtless indifference, in the dead of
night, not under the cover of (he ohearing piu-
ionsof our eagle, but under the mortal shade of
the bat's wing, we surrendered this rich deposite.
1( is gone; and we have nothing else to dn than
to bee back, at the footstool of the Executive, the
people's patrimony. Sir,IknDW the answer which
will, and it is ihe only one which can be given:
'' There is no feai' of an improper use of this
paw«r by the President and Senate ; there is no
danger in trusting (his mos[ excellent man." .
Why, sir, this is the very slave's gibberish. What
other reason could tbe cross-legged Turk, or (he .
Clinging Parisian, give for that implicit coofi-
deoce they yield to theii Sovereigns, except that
it is impossible they should abuse their power t

.yGoogIc

063

HISTORY OP CONGRESS.

H.opB

Additional Military Force,

Dbcbhbeb, 1808.

The aute of tbingB I mealioo does n
nale id mere verbal precision orcontlrii
tinctions. The very eontinuBDce of the
bas^ in my opiaion. its root ia the eiiuaiion
which reiulta Troili ttiii, an I deem it, abuse of our
GonstiiutLooal powers. Dues aay tniD believe
that, if the embargo bad been originally limiied,
a bill coDtiDuing it could now be passed through
ell thebranchesT I know that geDtlemen who
origiDally voted foT this embargo, and probably
wiu for the enforcement of it, have urged the
aituatioD of Ihii House, in relation to it, as a rea-
aoD for further adherence. "It is a measure of
the Executive." say they. "Suppose thi* House
■hould past a law repealtag it 1 Should he oeg -
aiive, what effect would result but to show dis-
tracted councils? In the preseol situaiioa of
our country, nothing is so desirable as unanim-
ity." 1 koow that, substantially, such arguments
hav« been urged.

Mr. J. Q. Jackson wished the gentleman to
namethe persons to whom he alluded.

Mr. QuiNOY said that he did not d«em himself
bound to stale names connected with faetS| by
which he bad acquired the knowledge of particu-
lar ditposiiions in the House. It was enough for
bim to state them, and to leave the nation to
judge if there were, under the circumstances, any-
thing improbable or unnatural in them.

Mr. Nicholas called the gentleman from Mas-
sachusetts to order. He regretted to say that,
throughout the whole session, there bad been a
total departure from the idea which he had of
order. When it was attempted to palm upon
those with whom he acted opinions which all
must disclaim, he was compelled to object to the
disorderly course pursued.

Mr. Qdincv said ihat he had no intention
palm upon any gentlemen sentiments Which they
disavowed. He did not suppose that the gentli
men who entertained such sentiments woiild dis-
avow them. He said he certainly should
Dtention names. He did not think that the argu-
ment derived any strength from the fact that
■ucb eipresaions had been used, by any genlle-
maD. They are natural and inevitable from the
aituation in which gentlemen are placed in rela-
tion to the Executive. Men, willing to take off
the embargo, yei not willing to counteract i'
system of the President, were necessitated to
adopt such reasoning as this. It was unavoidable
when they came to reflect upon the powers which \
remained to this House io relation to the repeal
of this law.

Mr. NicHOLAB required that the gentleman
should observe order.

Mr. O. W. Campbell said that, as the geDtle-
mao had made a reflection on members in the
majority, he must be permitted to observe, that
he utterly disclaimed any such apinion as the
gentleman bad indiscriminately charged upon
the majority.

Mr. QntNcT said that he had made no such
indiscriminate charge on the majority. An at-
tempt bad been tnade to give the discussion a
twa which he neither anticipated nor intended.

I understand, said Mr. Q... the cause of this inter-
ruption. It is not the factintimated, but the force
of the argument stated, which startles gentlempD
from their seats. They like not to hear the truth
elucidated, concerning their abuse of power, iD-
irusted to them by the people. In reply to the
gentleman from Virginia, (Mr. Eppes.) who al-
leged ihat, for party purposes, the embargo had
beea represented permanent, I undertook to shoir
far as respect* this House, it was, to all
permanent. Thia is' the insupportable
position. The embargo^^

J. O. Jacksoh ceiled Mr. Q.ttinct to order.
iisorder, he said, had progressed too loag.
There had not only been disorder on th« floor of
House, but in the galleries, and from British
subjects, too. which had interrupted the geutle-
man from Virginia, (Mr. Eppeb,) while he had
been speaking, a few moments ago. It was not
in order to discuss the subject of tne embargo on
this question. Everything which presented itself
to the House was made a question of embargo.
It was the watchword of the day.

The Sfeaebk requested Mr. Q,uinct to take
his seat, and asked Mr. Jackson to put down in
writing the words to which he objected.

Mr. Jacksoh said he could not specify partic-
ular words to which he had objected, untesa, in-
deed, he were to include the gentleman's whole
speech. He wished, however, to know of the
Speaker. Is it in order, on a question for raising
volunteer troops, to discuss the constitutionality
of the embargo?

The Speaker observed that a very wide range
had been taken in debate, and that, excluding per-
socal matter, the gentleman was in order to reply
to observalioDs to other gentlemen.

Mr. QuiNCT said that be had been drawn un-
expectedly into this course of debalejby following
the gentleman from Virginia, (Mr. Eppes.) He
said he wished to lay before the House and the

Mr. Eppeb said that he had said nothing con-
cerning the supplementary embargo law now be-
fore the House, which he conceived the gentle-
man was about to introduce into the discussion.
He hoped the gentleman would suspend his ob-
servations upon the subject until it came before
the House. When, notwithstanding all the clamor
on the subject, it would be found that there was
not a provision contained in it which was not to
be found to the present revenue laws.

Mr. ^tifoy said he was not about to bringihe
supplementary embargo bill into debate. The
gentleman had asserted that the embargo law was
not permanent ; that the Constiiuiioa had not
been violated.. He had taken the gentleman upon
that ground. And the course of his observations
bad been to prove that the embargo was perma-
nent, so far a* respected the powers of this House
to repeal, and that the Constitution had been
violated.

Mr. Eppia said that be bad not aaid that the
Constitution bad not been violated.

Mr. Q,DiHOT said that he had no particnlar in-

.yGoogIc

966

Decembbb, 1808.

HISTOET OP CONGRESS.

96«

Additional Military f\>rce.

H.opR.

cUoBiioD lo speak at tfaac momeDt, aod if geolle-
men did not wish lo bear

Mr. EppBssaid h« bad no objeciion to hear the
gemlemaQ ataie aof riolatioai or [he ConsiUu-
tioD, aad he should take Ibe privilege of s member
to answer them, if ihey werr plausible.

Mr- MiisTEfis made some obserralions npon
the point of ordei ; and ks the House was rather
in a stale of agitation, moved to adjonra. Hr.
^(JiKCT haviog given waj for the purpose ; neg-
atived— ajres ^.

Mr. Q^iNOT.— Not with standi Dg all the, iatei-
ruptions I hare eiperieDeed, mf observations
have been perfectly in order. The reason I am
opposed to the resolution, is, that the foice pro-
poEied to be ritaed ia, in my' opinion, intended not
to meet a foreign enemy, but to enforce the em-
bargo laws. Now, is it not the most pertineat
aud strongest of all srguments against ttie adop-
tion of such a lesolutioo, to prove that the pow-
ers of the Executive, in these respects, already
transcend the limits of the Constitution, and that
tbe^e laws, proposed lo be ihua enforced, are open
violations of it? Considering^ however, the
temper of ibe House, I shall limit mvaelf to the
statement and elucidaiioB of a sinsle position.
And the argument I shall offer will be only in
outline. I will not enter into the wide field which
the greatness of the quaiiion naturally open*. I
know that, as soon as my position is stated, gen-
tlemen advocating the present aieasures will be
ready to exclaim, it is a small objection. But 1
warn gentlemen, that, smalt as it may appear to
them, if the priociple receive the sanction of the
paople and the aupport of the State Legi^tures,
there is an end of this destructive system ot em-
ba^o.

The position I take, and which I metn to main-
tain, is, that those provisions of the embargo laws
which assume to regulate the coasting trade be-
tween porta and ports of the same Slate, are
gross invasions of the rights of ibe Sutes, and
palpable grasps of power beyond the limits of the
Constitution. I ask the attention of the House
to a very short argument upon this subject. I
present It, not by way of crimiDatloo, but as wor-
thy of its consideration and examination. I feel
no passions on the question. If any have been
exhibited by me they were caught at the Same
enkindled by the gentleman from Virginia, (Mr.
Eppes.)

The powers granted to Congress, in relation to
commerce, are contained in the eighth section of
the first article of the Conslitulion, in these
words:

" The CongTesB stasU hsf s power to regulate cotd'
meice with foraign natians, and among the serml
States, and with the Indian tribes."

The panicnlar power to which I object as be-
ing assumed, if grnnled at all, is contained within
the terms "commerce amons theseveral Stales."
In reference to wbtch, I ask this question. Can the
granl of a power to regulate commerce among
the States, by any fair construction, be made to
tDclade a power to regulate eommetce within a
Slate? It ia a nmple questioiL The atreagth

and certainty of the conclusion residis from its
simplicity. There is no need of any refined argo-
ment lo. arrive at conviction. It is a plain appeal
to tbe common sense of tbe people. To that
common sense, which, on most practical subjects,
is a much surer ^uide than all tbe reasoning of
the learned. It is scarcely possible there can be
bot one answer to this question. To bring the
subject more directly into tbe coarse of tbe rea-
sonings of common life, suppose thai ten house-
holders who live in a neighborhood should agree
upon a tribunal which should possess powert to
regulate commerce ot intercourse among tbeir
bouses; could such an authority be fairly eiiended
to the regulation of the intercourse of the mem^
bers of their families within their respective
houses 1 Under a giant of power like this, would
such a tribunal have the right lo regulate the in-
tercourse between room and room within eacB
dwelling-house 1 It ia impossiblei Nothing can
be plainer. The General Ooveromeot has no
color for interference with the interior commerce
of each State, let tl be carried on by waier or by
land. The regulation of the commerce between
ports and poru of tbe same State belongs exclo-
sively to the States respectively.

In further support ot this posiiioo, a strong ar-
gument results from the ninth section of the fiiat

'■ No tut or duty ibsU be laid on articles eiportad
bom any State. No preference ■ball be given by mj
regulation of commerce or rcTsnufl to the ports of ana
State OTer those of anolber i not shall tbimIs bound to
or from one State be obliged to enter, clear, or pa; dn-
lies in another."

In Ibis clause of the Constilntioa tbe people
restrict tbe general power over commerce granted
to Congress. And to what objects do Ibeae re-
strictions apply ? To exports from a State; to
preferences of the ports of one Stale over those
of BQoiher; to vessels bound to or from one State
in another. Not one word of restriction of the
powers of Congress touching that great portion
of commerce between poru and ports of the same
State. Now, can anything be more conclusive
that the general power of regulating commeree
did not, in tbe opinion of ibe people, include tbe
right to regulate commerce between ports and

Eorts of the same State, than this fact, that Ihey
ave not thought it necessary even to enumerate
it among these restrictions 1 If it were included
in the grant of ibe general power, can a reason be
shown why it was not, as well as others, included
within these reslriclions 1 That it is not provid-
ed for among these restricliona, is perfect eouvie-
lion, to my mind, that it was never included in
the general pow;r. A contrary doctrine leads to

ither grant any preference to tbe ports of
one State over those of another Slate, nor oblige
vessels lo enter, clear, or pay duties when bound
to or from the pons of one State in another, yet
that ii may grant preferences to the ports of one
Slate over ports in the same State, and may oblige
reaseU to enter, clear, and pay duties^ whenboond

.yGoogIc

»6T

HISTORY OF C0N8RESS.

968

Additional MUitary Fhree.

Dbgemieb, ISOS.

ftom port to port within (he isme 8lat«. This
•ncrmous consequeDce is iDeritsble. The eon-
flliiiiOD, therefore, to my mind, is petleelty clear,
Ihtl the reasDii why the people did not rcMiict
the abate of ibis species of power was, thai the
|K)Wer itself WEW nolgpranted lo Congress.

I shall state only one other corroborative ar^-
nenl, drawn from another part of the Constitu-
tion. By the second r.Iause of the tenth section
tnd first article, it is provided that, " no State
aball, without the consent ofCoDgreas, lay aoyioi-
posts or duties on imports or exports, except what
may be absolutely necessary, for executing itsin-
■peclion laws," &,c. Now, can it for one mo-
ment be admitted that, in conseqnenae of this
restriction, the individual Slates are prohibited
from laying transit duties on articles passing from

girt to port within their State limits 1 Can the
lates lay no toU upon ferries across their rivera ;
no tax upon vesseta plying up and down their
rivers, or across their hays? Nlay ooi the State
of New York impose a duty upon vessels ^oiog
from Hudson or Albany lo New York 7 Yet, if
it be trne that the general power of regulating
eomm e re e among the States, includes the power
of regulating commerce between ports and ports
of the same State, all this great branch of Stale

Ererogalive is absolutely gone from the individual
Itates. A construction of the Constitution, in
-which, if realized by the people, and the Legista-
tore of the States, in all its consequences, they
never can acc|uiesce. The language of this
clause is in strict consonance with that construc-
tion of the ConsiiEution, for which I contend. It
strongly and conclufirely, to my mind, implies
that IDC general powerdoesnnt include the power
lo regnlaie commerce between ports and ports of
tbe same State. The language of this clause is,
" no State shell lay any imposts or duties on im-
ports or eiports." These terms " imports and
exports" are exclusively appropriate lo duties
Upon goods, passing into a Stale or passing out of
m Slate, and can never be made, by any fair eon-
slruction, to extend to duties upon goods passing
wholly wiihiri the limits of a State. On goods
in this situation — that is, on goods passing be-
tweeo ports and parts of the same Slate, the in-
jividaal States have, notwithstanding this restric-
tion in the Gonstitulion, the power to lay transit
duties. Of consequence the regulation of thi^
branch of trade is nol include in the grant to
Congress of the general power over con
ftmon^ the Slates.

This is the point of view whieb I take
matter, of the limits of the Coostitutio
this ground it is, that I asserted that the rights of
the Stales have been invaded in your embai^
laws, and that this Legislature has grasped a
power not given to it by (he Constitution. And,
ao fat as the liberties of ihispeople are dependent
upon the preservation of the Slate and National
auihoriiies, in their respective orbits, I hesitate
not to declare the embargo laws a manifest
infritigeinent of those liberties.

On a qtieslion of this magnitude, I caitnol con-
dcMend to inquire whether, in the early revenue

, any regulations were made afifecting this
particular branch of trade? A practice in direct
violation of tbe Constilation can hare no binditig'
force. Violations of the Consiitotion, toechins-
only a few aoliiary individuals, small in amount,
or io inconvenience, may, for a long period, be
submitted to withoot a struggle or a murmor.
When the extension of the principle begins to
affect whole classes of the community, ihe inter-
est of the nation claims ■ solemn and saiisfaclorf
decision. The truth is, I can find but a single
attempt, in all your revenue taws, contrary to the
construction for which I contend. In the caseof
carrying distilled spirits or imported goods of*
■pectSed amount from port to port withiti a State,
the master is olilieed lo make a manifest and take
an oalh that the duties have been paid. The io-
fringemeni of Ihe Coostiiution was, in tbis in-
stance, and in its immediate consequences, so
triflidg that it has passed without notice, and
been submitted to without a question. But,siirely,
DO the silent acquiescence of the people in sncb
a practice as this, can never be bnitt the fabric of
so enormous a jwwer as your embargo lawa at-
tempt to exercise.

Oeotlemen say the embargo is brooght into
view on all occasions. Certainly, sir, it is con-
nected with nearly all national questions. Ikave
no objection to voting for fifty tfaonsand men, if
1 can be informed to what use they are to be ap-
plied. Let me only understand the system pro-
posed. Is it intended lo repeal tbe embargo, and
go 10 war 1 Or are those men only intended to
enforce it7 If the former, I have. no objection
to any requisite army, if the latter, 1 am ■■
direct hOBiility to this projiosftion. Deeming tbe
embargo laws unconsiLtutional,and powers rested
in the Etecutire which ought never lo have
passed out of the possession of this House. I wilt
never acquiesce in augroeniaiion of the military,
until I am satisfied that the system is nol to sup-
port by it still further the violations of this Coa-
st ituti on.

Mr. Macok said that he was opposed to this
resolution in its present form. He did not know
that men might not be necessary; but he wished
ihem, if regiilartroop»,or of whatever kind, lobe
dislinruished by their proper name. He moved
to sttiKe oKt the words ' fifty thousand," so as to
leave the resolijition blank.

Negatived — 17 to 47; the Speaker declaring
himself in the negative.

Mr. MACosalso moved to strike out "two," tbe
term of service for which the troops were to be
raised. Carried— 52 to 49.

The qoestion on the resolution was then decid-
ed by yeas and nays — yeas 76, nays 34, as follows:

Tsis— Evan Alexander, Willis Alston, junior, Eie-
kiel Bacon, David Bard, Jonph Barker, Bnrwell Bas-
sett, William W. Bibb,' William Hackled^, John
Blake, junior, Thomas Blount, Adam Boyd, John
Boyle, Robert Brawn, William Bnllei-, Joseph Cal-
houn, George W. Campbell, John ClopUKi, Orchard
Coak, Richard Cults, John Dawua, Josiah Deane, Jo-

.yGooglc

mSTOET OP CONGRBSSi

979

Dbcimber, II

DuabUd Soldurt-^Son-InttTctmrae.

H.orB.

Gardner, Thoioaf GlwlMn, JDniw, luUh L. Qnm,
John Uuria, WillUm Halmi, Junei UoUuul, David
Holme*, Benjuuio Haward, Rmbcn Humptueji, Da-
niel Ilolej. John G. JackaoQ, Richard M. J^naoQ,
rbomas Kenan. WiUian Kirkpatrick, John Lamben,
John LoTe, Bobert Muioa, Daniel Mon^men, Jan.,
John MoDtgomary, Tbooiaa Mocoa, Jeraiuah Honaw,
Gurdon S. Mnm&rd, Roger Nebon, Tbomaa Nawbrid,
Tbomaa Ncwion, Wilaoo C. Nicholai^ John Portu,
John Rhea of Teiiiiew«e, Jacob RitWda, HatthiM
Richards, Saniiel Rik», Ebaaewr Seaiar, SaBUul
Shaw, Dennis Smelt, Jaho Bmilie, Jadediah K. Smith,
Clement Htoni, JoKph Storf, Pctei Swart, John Taj-
lor, Abram Trigs, GeoruB M. Tioop, Daniei C. Ver-
plimck, Jesas Whaiton,. Robert Wbitebill, Alaxander
WiUon, Nathan Wilaon, and Richud Winn.

Xats — Epaphroditiu Champion, Martin Cbitten-
den, Matthew Claj, John Culpepei. flainnel W. Dana,
John Davenport, junior, Jamea Elliot, William Ely,
Barent Gardenier, Charlaa Goldaboro«)(h, Edwin Gray,
Richard Jackaon, Robert Jenkini, Joaepb Lewi*, Jan.,
Edward St. Loe LiTarmore, FJathaniel Macon, Joauh
Mastera, Williaoi Milnor, Jonathan O. Hoaalj, Timo-
thy Piikin, jDBiai,Jiia)«h Quiaey.JtAa RuiaeU, Jamea
Sloan, John Smith, Samnel South, Bidiaid Stanford,
William Stedman, Lewi* B. Stnrg(a,BiniMlT*«gait.
Benjamin T*llinadgo, J*he* Uptwm, Nicholaa Van
I>yke, Archibald Van Horn, and Daral R. WiUiaiu.

Ordered, Tbat » bill, or billa, b« broagbl in,
purtuant to ibe (aid Tesolulion ; and that the
Coainiittee on the Military and Naral EUtabliah-
nMntB do prrpaie and bring ia the um«.

S4TUI1D4T, December 31.
An eogrossed bill to authorize the iTtDsmiisioD
ofcertaJD documenU b)r the mail, free of postage,
was read the third time, and passed.

Mr. Macon, ona of the members Tor iha State
of North Carolina, preieoted to the Houte aandry
resolutions of the Legislature of the said State,
relative to the present tuie of afiairs between tbe
Uniind Slates and ibe belligerent Powers of
Europe, and expressive of their determination to
support such measures Bs CoDgress in their wis-
dom may adopt for the honor, safety, and inde-
pendence, of the United States,— Ordered to lie
OD the table.

Mr. WuaaTON, from ihe committee appointed
OD the ihirleenlh instant, presented a bill supple-
mentary to the act, entitled "An act to amend au
act. eatirled 'Ad act establishing CirciHt Couria,
and abridging the jurisdiction of the District
Courts of Kentucky, Tennessee, and Ohio;"
which was read twice and committed to a Com-
mittee of the Whole OD MoDday next

Mr. Daha, from the committee appointed od
the twentieth instaDt, presented a bill concerDins
associatioDsforlbe security of naTigitloD ; which
was read twice, and committed to a Committee of
tbe Whole on Monday nexL

The Hau9>: took op for consideration Ihe
amendment of tbe Senate to the bill for employ-
ing additional revenoe cutter*. The amendmeDi
proposes lo strike out " twelve," and insert " three."
Aflet some observations from Messrs. Nbwton,
Tavlob, and Stobv, the House refused to con-
cur—v«as 76.

DISABLED SOLDIERS.

Mr. NsLBOK observed ibat this was tbe laat
day of the year 1808. For many yean past ant
old soldiers had been applying for relief. H«
ibongbt it would be a meritorious thing to Jmsib
tba new year with a just aod generous act. Ha
therefore aaked for itie order of the day on tbs
bill for Ibe relief of the infirm, disabled, and ao-
perannuated officera and soldiars of the Revolu-
(ioDary Army and of tba pteaeBl Army of tba
United States.

[This bill contemplalea the eslablisbmcat of an
iDvalid corps.]

The bill was taken up, went ibroagb a Com-
miitee of tbe Whole without an objection, and
was reported to tbe House. Several ameudmeBta
were then made to the bill.

After considerable diseusaion on the details, in
which DO hostility appeared to be expreuea lo
tbe principles of the bill, a moiiiw made by Mr.
Blodht to recommit it for Ibe purpose of adjuat-
ing tbe details, was carried — 58 to 85.

NON-INTERCOURSE.
Mr. Bbba, of Tennessett, said he lateuded lo
offer a reaolution for con si deration, but be thought
it might be proper to make some preliminary ob-
servations. Since tbe commcDcement ot tbia
session of Congress, said Mr. R., seveiwl reiolu-
tions respecting the commerce of the United
Stales have been submitted lo the coDsideration
□f this House. These several resolutions con-
tain separate and distinct paints of commeroiat
regulaUon. Tbey have no common centre to
which they all may gravitate. Tbey have no
common governing principle of d isc rim i nation.
All foreign nations, favorable or unfavorable, ara
equally lovolved. The second resolution re-
ported by the Committee on Foreign Relations,
embraces a priaciple deserving consideration; it
ia eipressea in tbe words following: "having
' in force orders or decrees violating tbe lawful
' commerce and neutral rights of the United
' Stales." This is tbe grand discriminating prin-
ciple to whieb all commercial regulations of the
United States ought to gravitate as a common
centra. All commercial nations are indiridnals
of the same SkmHy, and, that peace might ba

Ereaerved, it is greatly to be desired that they
ad a system of comiiMrciBl law providing for
the common interest and reciprocal benefit of aU.
The commerce of a naCioD oonsists of two parts:
exportai'.oD and inaportation. These two ought,
in their relation to foreign nations, to be com-
mensurate. If any Datjon or oations, UDmiadfol
of friendly aod mutoally beueflclal commercial
intercourse, will make restrictions violating iha
lawful commerce and rights of any other cona-
merciat nation, what commercial regulations so-
ever the injured nation may ibink proper to make
ought not, in justice, to afiect commercial inter-
course with any nation or naiions otbet tbao
ihai one or those who have benuo and do persa-
vere in the work of commercial rapacity and da-

.yGoOglc

971

HISTORY OP OONOKESS.

972

H.OFR.

Division of Indiana 7Vrr£(ory.

December, 1898.

neotrsl rights of the United States. Any ttga-
latloni or rettriciioD.'i made by the United Slates
10 UTS their commerce from destruction, and to
meet tbe operBiion of lbs same orders and de-
crees, ind of all such ordeia ot decree* of any
Other Power, ought, in juaiice, to be commensu-
nle, equally eilensive, and to comprehend all
Baliona having io force such ordera ot decree*.
The resolution -which I intend to submit, said
Ur. R., has in view !• eitabliab a principle of
diserimiDBiion just in itself and univprsally re-
ciprocal. If there be any sovereign, independent
Power, nation, or people, who has not, or may
OOt have in force orders or decrees violating the
lawful commerce and righisof the United Slates,
(bat Sovereign, independent Power, nation, or

Eeopte. ought not to be included and compre-
endea in anv sacb commercial regulation adopt-
ed by (he United States. That Power, oaiioa, or
Kople, if any such there be, or hereafter ahall be-
ing an individual of the great commercial fam-
ily—has a right to the benefit and advantage of
coOimercial intercourse with the United Sialec;
and the United States have an equal right of a,
free, nnmoleated, comnnercial inieccourse with
■uch Power, nation, or people, which other na-
tions, at war with each other, have a right to ia-
tnrupt by retaliating order* or decrees.

Mr. B. then offered the following resolution,
which was referred to (he Committee of the
Whole to which the non-importation bill is re-

Saoloed, Tbit it ii expedient to interdict, by law,
■11 commercial intercoone between tbe United States
and Great Britain sn'd Frsnee and their dependencies,
and all other Powers hinng in force arden or decrees
violattng tbe lawfhl commerce and neDtral rights of
Um United States ."
DIVI8I0N OF THE INDIANA TERRITORy.

e appointed
into the ex-
pediency of dividlnff the Indiana Territory, made
a report thereon ; wotch was read, and committed
to a Commitiee of the Whole on Monday next.
Tbe report is as follows:

That, by the llnh article of the ordinance of Con-
gress iin (he governnienl of the Territory of the United
State* NoTlhweitof tbe riTer Ohio, it is stipulated ibat
Aere ahall be formed in the eiid Territory no len than
three, nor more than five States; and the bonndaries
of the Btatei, a* soon a* Virginia shall alter her act of
CMiion, and consent tu tlie aatn^ ahall b«eome fixed
and established, as follow*:

The Weatem State shall be bounded by the Mlwa-
•qipi, the Ohio, and Wsbaih river* ; a direct line drawn
from the Wabash and Pnt Vincennes, due north, to
the Territorial line between the United States and Can-
ada, and b; the said Territorial line to the I.ske of the
Woode and Mississippi.

Tho'middle State shall be bounded by the aaid direct
line, the Wabash, from Pott Vincennea, to the Ohio ;
by the Ohio, by a direct line drawn due north from the
mouth of (he Qreat Miami, to the said Territorial line,
and by the said Territorial line.

The Eastern State ahall be bounded by the last-
UHitioned direct line, the Ohio, Pennsylvania, and the

'Iho

said Tfrrilorisl tine : ProtntUd, howtter, and

iderstood and dedared, that the bou •!
these three Stales ahall be snbject so far to he . '
that if Congas ahall hereafter End it expedient.
ahall have authority to form one or two State '■
port of the aaid Territory which lies north of
and west lise drawn through tbe aoutherly benl •
treme of Lske Michigan. And vrhenever anv
said Stair* shall have sixty thousand tree iaha .ania
tberein, such Sute ahsJI be admilteJ by its delt^alsw
into the Congress of the United States on an equal foot-
ing with the original Stales, in all reapects whatever,
and shall be at liberty to form a permanent coDstituti<«i
and State government : Primidtd, tbe constitution and
government so to be formed ahall be republican, and in
conlbrmity to the principles contained in (heae articlea ;
and, so far a* it can be coniislent with tbe gencrsl
interest of the Confedera^, aucfa admission ahall be-
allowed at an earlier period, and when there sbalt be s
Irea number of &»e inhabitants in the Slate than aixty
Uioooand.

By the aforesaid article, it appear* to your commit-
tae Uiat the line fixed as the boundary of the States to
be formed in Ihe Indiana Territory is unalterable, nnlesa
by ooolmon consent; that tbe tine of demarcation, which
the Wabash sflords between the oaBtcrn and weatem
portion of said Territory, added lo the wide extent of
wildemea* country which separates the popnlalion in
each, constitnle reasons in favor of ■ dirision, founded
on the soundest policy, and conlbnDable witb (he nat-
ural aituation of the country. Tbe vast distance bnin
tbe aeltlements of tbe Wabash to the present seat oC
Territorial goveroioent, renders Ihe edminiatration of
juBlice bnrdenaome and eipenaive to them in tbe falgli-
eat degree. The auperior courts of the Territory are,
by law, established at Vincennes; at which place suit-
ors, residing in every part of the Terrilotj, ore com-
peUed to attend with their witnesses, which, to thaea
who reaide west of the Wahari), amount* almost to a
total denial of justice. The great difficulty of travel-
ling through an extensive and loathsome wilderaeas,
the want of food and other necessary accommodation*
on the toad, oiien present* an insurmountalile barrier
lo the attendance of witneases) and, even when their
obtained, the accumulated eipenae of
its wbeie the evidence is at so remote a
:aaae of much embansaameat to a due
and impartial distribution of juatice, and a proper exe-
cution of the lawa for tbe rediess of private wroaga.

In addition to the above consideraUons, your cao-
mitlee conceive that the scattered situation of the set-
tlement* over tbis extensive Territory cannot fail lo
enervate the powers of the Gxecntive, and render it
almost impoasible to keep that part of ihe Government

It further appears to yonr committee, that a division
of the said Territory will become a matter of right nnder-
the afbtesaid article of the ordinance, whenever tho
General Government ahsll establish therein a Slato
govenmient; and the nnmeroua inconveniences which
would be removed by an immediate separation, would
have a direct tendency to encourage and accelerate
migration to each district, and (hereby give additional
strength and security to those outposts of the United
States, exposed to (he inroads of a eavage neighbor, on
whose friendly dispositions no permsnent reliance can
be placed.

Your committee have no ccrUin data on which Id
ascertain the number of inhabitants in each section of
(he Territoiy ; but, from the most accurate information'

prosecuting ai

jjGoogIc

HISTORY OF CONGRESS.

Jamdaby, 1

MUitia Sgttem—Ei^orcing the Embargo,

H. OF R.

Utey arOieBablcd to collect, it appean tb*t neat of lh<<
WabasWiohere ara about the number of eleven Ihou-
■•nd', -iirtd cut of laid river ibout the Qumbei of aeTen-
teed'tBonsuid, md that the population of each aectioil
is in *^ *ale of rapid increue.

YoUti i^ramittue, aftar maturely cooiideHiig this sub-
ject, aT0 'of Dpinion that there ezieti but one objection
to tl.*'' W&bliihnient of a separate Territorial gotem-
menl "A^at of the riter Webaah, and that objeclian ia
haaed'\>n the additional eipenae vrhich would, in con-
aequeace thereof, be incurred by the Goreminent of the
United State*. But, it ii also worth; of obaervatian,
that 'the increased value of the public landa in each
diabict, ariaingfrom the public inetitatiomnbich would
be permatientlj filed in each, to comport with the con-
T^eace of the inhabitants, aod the augmentation of
emigrants, all of whom must become immediate pur-
cbaaers of these landa, would far exceed the amount of
expenditure produced b; the conletaplated temporary
government.

AdJ youT committee, being cominced that it is the
wiflti ot a large majority of the citiiens of the said Ter-
ritoTj that a separation thereof should lake place, deem
it always juat and wiae policy to grant (o every portion
of the -people of the Union that fono of government
vtiich ia the object of their wishes, when not incom-
patible with the Constitution of the United 8utes,noT
fubveroiveoftheir allegiance to the national sovereignty.
7ouT committee, therefore, reapectfully submit the
following resolution :

Reaohtd, That it is expedient to divide the Indiana
Territory, and to eatabli^ a separate Territorial gov-
trnment weat of the river Wabash, agreeably to the
ordinance for the government of the Territory of the
United Slates Northwest of the river Ohio, passed on
the 13th day of July, 17S7.

Mr. Thomas, from the same committee, pre-
lented a bill for dividing the ludiRtia Territory
into two separate governments; which was read
twice- and committed to a Committee of the
Whole on Monday Dext.

A ntolJOQ was made by Mr. Winn, that when
this House adjourns, it will adjourn until Tues-
day morning; eleven o'clock: And the questioa
being: taken thereupon, it was resolved in the
affir mat Ltb— yeas 60, nays 46,

Tuesday, January 3, 18D9.
MILITIA SYSTEM.

Mr. Macon from the Commillee on so much
of the Message of the President of the United
Slates as relates to the amendment of the militia
Jaws of the United Stales, reported that having
carefully examined the system they are of opin-
ion that no amendment is necessary.

The House having afcreed to consider the re-
{tori, Mr. Macon observed that he had not con-
curred in opinion with the committee, and there-
fore intended to make a motion lo commit the re-
port with special iuslroclions to report a bill for
classing and armiag the militia, ir the report
were to be agreed lo, it would foreclose any pro-
position 00 the subject during the session. The
plan which be would propose for classing the
militia would not ao to destroy ihe present or-
gaoizallon of the militia ; but merely to class ihem

wording to age, so that young men shoald first

cal[ed into tervice. , It was a rare thing that

. men and young men accorded well together.

i men could not bear fatigue as well as young

n. He wished not to see fathers and their

IS in Ihe ranks together. He believed that

re such a plan to lie adopted, from thirty ta

forty thousand men would anuuallv be added

to the lists ; the arming of whom would cost fronk

four to five hundred thousand dollars annually. In

Durseoffourorfiveyeatsall tbemeDJntheGrat.

class would be armed for duty, and be competent

to repel any enemy. It was the only mode whieb

united great utility with greui economy. He bad

before him a stalsmenl made the last year by ■

gentleman from Virginia (Mr. Clay.) The ob-

vaiions of ihai gentleman, he> said, were well

nembered by the House, and he couid add

nothing to them. They proved ihala large corpa

would always be ready for service, and that toe

number would daily increase. Having premised .

thus much, he offered the following resolution;

Raolved, That the report, iui., be recommitted to
the select committee, and that they be instructed lo re-
port a bill to class the militia according to age, and U>
provide for arming inch ai may bereailer be placed on
the militia list at the public expanse.

Mr. D. R. Williams hoped no objection would
be made to ibis resolution ; for its adoption would
commit no gentleman on the principle involved
in it.

Mr. Dgbba wished a division of the resolution,
as he was opposed to the first and in favor of the
second clause.

A motion was now made to refer the report to
a Committee of the Whole, and carried. Some
debate look place on this motion, in which Messrs,
Lyon, Macon, Nelson and Clay, appeared to
be in favor of the principle, and Messrs, Stdbges,
DDRELL,Bnd Tallmaooe, against it. Ilwasmado
the order of the day for to-morrow.

ENFORCING THE EMBARGO.
On 'motion of Mr. Jackson, the House resolved
itself inio a Committee of the Whole, 52 to 39, on
the bill from the Senate for enforcfng'and making
more effectual the several embargo taws, with the
amendments repotted by a select committee of
this HoDse.

The araeodmenls reported by the select com-
millee were severally agreed to.
~ Mr. Van Cortlandt, after a few prefatory ob-
servations, expressive ot* an opinion that the em-
bargo should be repealed so soon as could be coii-
sistenily with the passing other acts, and siving
equal notice lo all our merchants, offered tne tot-
lowing, as a new section to the bill :

"And be it farther maeled, That the said aoteatilled
'An act laying an embargo on al! ship* and vessels
within the ports and harbors of the United States,' and
the several acts supplementary thereto, be repealed
from snd afler the fourth day of March next."

The Chairman observed, that although be in<
dividually believed this motion lo be in order, the
House had twice successively decided a similar
proposition to be out of order the other day, be-

.yGoogIc

HISTOEY OF CONGRESS.

fl. or R.

DuabUd Seamen — Nmai Bttailiahment.

jAiniART. 1$0».

etnse Ihe sobjtct wis alTcadr before a Bpecial
Committee or the Whole; and be felt faimself
boand lo abide hj (heir decision.

Mr. Oardenieb appealed fiom the decision of
Ihe Chair.

The Coromfiiee confirmed ihe decision of ihe
-Chair.

A motion was mede hj Mr. Ecuot that the
Committee rise and report progress — Negalived.

Mr. Jackson mored that the Commiiiee rite
■nd report the bill as amended.

Mr. Elliot commenced b continDslion of hi*
•peecb which he commenced a few da^s a^.
After Mr. Elliot had spoken about fire minutes,
H appearing thai a quorum wss not present —

Mr. Daka suggested ihe propriety of the Com-
IDiltee's rising and reporting "that there was DO
qaototo."

Mr, Macok had no wish to sit here whilst gen-
tlemen were ffone to their dinners; and mored
that the Commiiiee rise and report progress.

Mr. MoBELT i-aid it was an old maiini that
*'dulceel decorum ft propatria mori;" but he
had nu idea of starTing lo death for it.

The Committee rose, ayes 60, and the Honse
tdjoarned.

WEDMEaoAY, January 4.

Mr. Lewib, from the Committee for ihe Di
trict of Colombia, presented a bill Gonferringce
Uia power, relatire to roads and bridges, on the
Leyy Court for the county; of Washington, in the
Diilriet of Columbia ; which was read twice, and
commiiied to a Committee of the Wbde on Pri.
day oeii.

A message from the Senate informed the House
Ibat the Senate have agreed to the emendmeDts
proposed by this House to the bill, entitled "An
act for extending the terms of credit on revenue
Goods, in certain cases, and for other purposes,"
with ameodment^; to which they desire the con-
currence of this House.

A message from the Senate informed Ihe House
thai ilie Senate hare passed a bill, entitled "An
act authorizing the appointment and employment
of an additional number of oevy officers, «od
nariaes," with ameodmenis; to which they de-
sire the concurrence of this House. The Senate
bare also passed the bill, entitled "An act to con-
tinue in foroe, for a further time, the firat section
of the act, entitled 'An act further to protect the
oommerce and seamen of the United States
•gainst iheBarbary Powers," with amendments;
to which they desire the concurrence of this
JHouse.

PUBUC LANDS.

Mr. Boyle offered the following resolution,
obserring that the subject had been before the
_Hoase seTeral times, but a solemn decision had
tterer been had on the subject, and those who
had witneMed the mode of disposiog of land on
credit, had seen the ill effects of the present
•ytlem;

Itaolvtd, That the Committea on Public Lands be
10 inquire into the eipedieniT' of rsdudog

The retoluiiOD was agreed to.

DISTRESSED SEAMEN.

Mr. Nbwton offered a resolution, directiug the
Committee of Commerce and Manufactures to
inquire into the propriety of providing for (he
relief of distressed and disablea seamen.

Mr. N. !>taied that he had been induced to pro-
pose the resolution from the following letter from
the Secretary of the Treasury:

TaitSDaT DirAXTWKRT, Dec. 80, 180S.

Sib! Whilst the fund lor supporting irick smd diaa-
nbled anoien hu. during this j'ear, been conriderablj
diminished, the oipcnses are bcIusIIj' incrfuing. For
the fund, consisting of the deduction of tnenlj cents
per montfi from the wages of seamen, must nemaB-
rily decrease in the sbitib ratio as the number of sea-
men uctusllj employed ; snd, on Ihe other band, the
number ilicir of thoic who are confined at borne and
deprived of employment, produces an increase of ap-
plications fbr lelicC

All that had, by frugality in the expenditure, been
saved during the Ibrtuer years, will be inadequate to
supply the deficiency of the ensuing year, unless or-
ders be immediately given to redace, by some general
■nd harsh rulea, tjie number of persims heretofore ad-
mitted. I cannot bdieve that this would be conust-
ent with the intention of the Legislature, and think it
my duty to stats the liMis, in order that a proper rem-
edy may be applied.

Upon due consideration of the snbjset, it appears to
me that the most simple and equitable plan would be
Id ajipropriate for the year ISOfl, in aid of the fund, an
additional sum of about two hundred thousand doUaia;
such sum to b» applied as the fund itself, under the
general directions of the President, but lo be expended
' e seiersi porta in proportion to the amount actu-
ally collected in each on that account during the year
1607, and to bo spplicable lo the relief, not only of
sick aod disabled, but also of dUtreutd seamen.

I am, vary respectfully, sir, your obedient servant,
ALBEBT GALLATIN.

T. NiwToir, Esq., Chairman of the

CoihmiUee of Commera md Mamtfadara.

The resolutioD was agreed lo without opposi-
tion.

NAVAL ESTABLISHMENT.
Mr. Btort said that if the House did oot wish
to be considered as slumbering at their posts, it
was proper that they should, after determining
that they would not submit to the ordera and de-
crees of the belligerents, adopt some efficient syt-
tem of warfare, if war must be the resnlt. On
this point he was decidi'dly of opiaioo thai we
could carry on operations to great advantage on
the ocean. He held in his hand a resolution for
iriog into the piopriety of augmenting oar
naval force, which he snbmitted lo the coosider-
of the House;

Rooked, Thst the t
fetred so much of Ihe Message of the President of the
United Suies as relates to our Military and Nsva)
Bitabliahments, be instrueted to iuqnira wlo tbs aqi*-

jjGoogle

HISTORY OF CONORESS.

■,180B.

NawA Ettablithinenl.

H.OFR.

diflDClf or increadny oar Nrt*! BstiMubment, and
that ikey have leave to report by biU or otbarwiae.

Mr. D. R. Williams asked of the gentleman,
BKaJDEl whom was this force to be applied?
He preEiimed, as tbe gpnilemaa appeared to hsTe
his mind so tally ™Bde up on the subject, that he
had made ihe necessaiy ealculalioas, and would
faror ibe House with ibem. For his part, Mr,
W. said, if we were lo go to war to-morrow, he
would not role a siogie additional floating gan.
What had been the consequence of augmenta-
tioDB ol naval force in other coud tries 7 Were
ihey not perpetnalljr augmenting tbe Brilish
navy? The Miniatrf would give but a small
premium to iasura the ^Dlleman's au^nienta'
tioa, should it be made, a safe berth in their ports.
Did the gentleman wish to follow the example
of Deoraark, and have our towns Copenhagened 1

Mr. Qasdneh observed that a bill for putting
our present Navy into service was already before
the House. He should prefer first ae ting on that,
and therefore moved that this resolution lie on
tbe table.

Mr. Story hoped this course would not be
given to bis motion; for it might be perfectly
proper not to order the whole naval force to be
put into actual service, and yet il might be very
proper to prepare an additional naval force. We
were not at present at war, tut we soon might
be. Tbe gentleman from South Carolina had
supposed tiJBt any au^mentatioa of our naval
force must fall a sacrifice to the British navy.
Mr. S. said be could not so much doubt the cour-
age or character of bis coualrymen, as lo feel
as Ibe gentleman did. I was born among the
hardy som of the ocean. They will nev^r be
guilty of a dereliction of their duty or their coun>
try's rights. They never will submiL If Great
Britain ever obtains possession of our present
little establishment, it must be at an expense of
the best blood of tbe country, and after a strug-
gle which would call for more of bet strength
than she had ever found necessary for an Euro-
pean euemy. He said he did not wish our navs)
force to be increased for offensive measures ; but
it had appeared to him, that the only force which
could cffectuaily protect our seacoaat wasa naval
force. He wished a few vewels of war to co-op-
erate with our foriiflcationn. Such a force, too,
with the known bravery of American seamen,
would carry dismay wherever it went. The
passage oF this resatution would not decide the
pripCLple; it was barely for inquiry. Would not
genilemen inquire whether an increase of the
naval force might not be proper? Would they
hold out the language that they would permit
tbe scene of the Chesapeake to be acted over
again with impuoity 1 Thai they would still re-
maiu on land 1 Mr. S. said he could not believe
that the gentleman from South Girolina wished
to see this game played agaio. He hoped that
-we would prepare a force to protect us against
every foe. The naval establishmeots of Euro-
pean nations muM be alwap maintained at an
expense double of (heproportionate expense which
would be incurred in ibbcouniry. Heasked tbe

gentleman from South Carolina if we bad flflf
last sailing, frigates, whether the British OBtiVill
would send an armameBt sufficiently powerful to
endanger themf MLS-saidibatwelinewperfect-
ly well the importance which they attach to iheii
naval establishment. The thunder which rolled
over their heads in terror was only that from
floating batteries on the water. Believing that
whenever we have war it must be carried on at
sea as well as on land, he was in favor of in-
creasing our naval force.

Mr. D. R. Williams said that tbe gentleman
must eicDse him for saying that he had pursoed
the Eastern mode of propounding other questions
instead of answering those which had been put
to him. He said he had meant no reflection on
the hardy sons of Neptune; he believed them to
be ascourageous as the gentleman had represented
them. The gentleman talks of fifty fast sailing
frigates; is it possible that any man in the nation
can suppose that its safety depends upon fifty
fast sailing frigates? They must, if sent oal,
either carry orders not to' light, or become what
the Chesapeake has been — a disgrace to us. I
feel regret that such is our situation, and I have
no other consolation than the stale of the nation.
Tes, sir, it is a mortification lo me that the Brit-
ish Minister here has said, and perhaps to mem-
bers of this House, that if &(lv sail of the line
were built they would soon be taken from us. We
cannot command resources for such establish-
ments. Will gentlemen consider that our great-
est annual revenue never amounted to seventeen
millions of dollars? I ask, then, where are we
to get money for the support of such immense
esiablishmeoli. Mr. W. mid it was on the sbore
that Jie would risk the salvation of his country ;
and of an invadingfoe there would not, he trusted,
a single man escape to tell the fate of his com-
rades. Indeed he should tremble for Lis country,
if he thought its salvation depended on floating
batteries.

Mr. NicBOL&s said there appeared to be a dif-
ference of opinion among gentlemen as to the
mode of preparing for action. It was nnqaes-
lionahly necessary, he observed, that the House
should come to some decision on the subject.
Qentlemen who were in favor of naval force,
when that question was fairly decided in the
negative, would no doubt give up all idea of thai
force, and join those in the majority in voting
for ifiat force which they deemed necessary. I
do not, will not believe, said Mr. N., that a dif-
ference of opinion- as to the species of prepara-
tion to be made will prevent us from malting
any. Until some decision be made we shall be
perpetually embarrassed in this way. I have not
made Up my opinion on this subject; but I am
inclined to believe that in the event of a war we
can do bnl little on water. I think it impotlant,
however, that the ihlng should be settled and not
procrastinated. This question should be metand
decided. I do not believe I say too much when
I say that I believe war to be inevitable. T sar
this upon the presamption that I am warranted
in believing that it is the determination of ihia

.yGoogIc

979

HISTORY OF CONGKBSS.

H. OP R.

Repeal t^ t\t Embargo.

Jamhahy, 1800.

House aud tlie oatiOD lo resist, u laDt[ u a man
lemains of us, tbe edict) of Qreat Briiain aad
Frauee. Haviog made this determinaiioD, nbal
is our duly uodei the present aspect of our af-
faitB. when it does not appear tlial either of tbese
natioos will recedel To prepare lo meet the
crisis as men determined to resist efTectually.
Shall we do tliis as loog as we divide as to the
mean* to be employed 1 We sball not, air. Mr.
N. eipieMted a hope tbat gentlemen who thought
land force the best, would, if it should not be
agreed to by a majority, consent lo employ naval
force; and that, under similar circumstances,
tbose in faror of naval force would coosenl to
employ land forces. It was of the utmost im-
portance tbat they should come to an understand-
ing on the subject. If oui-voted in the force
wnich was beat in his opinion, he would cordi-
ally assist in preparing Ibe other species. He
■aid be was for ofieace, not for defence merely,
when thus vitally assailed. He hoped tbe House
would at ODce settle the mode, and commence the
work of preparation. .

Mr. Lyoh said that it was well known tbat he
had never been inimical lo a naval force. Tbe
rule which be bad laid down to biuiself bad been
to give a great share of the revenue derived from
commerce to the pioiection of commerce. He
had never entertained tbe idea of manning a
fleet for tbe purpose of defying Great Britain on
the ocean. He had wished to give that share of
tbe proceeds a{ the commerce of the natioa to
iu protection which should be deemed necessary.
He nid that fieudios out a oavy with a view to
meet that of Great Britain on the ocean, would
indeed be a Quixotic eipeditioo. He had always
thought that this nation would be justifiable alone
in defensive war. He would furever maittaio
the right lo govern ourselves on land, and on the
ocean, too, if he thought there was any proba-
bility of succeeding in such a contest. He cen-
sured the propensity displayed by gentlemen for
making partial preparations, and wished lo'see a
whole system at once.

Tbe question on ordering Mr. Stobt'b propo-
sition to lie on tbe Uble was carried — 17 lo 33.
THE EMBARGO.

Mr. Van COBTLAsnT observed that it was im-
possible for the House to get along with business
until the question of repeal or continuance of the
embargo was decided. He, therefore, called for
the order of the day on Mr. Chittehdew's reso-
lution for the immediate repeat of the embargo.

Mr. Bacon made a moiion which superseded
this motion, vie; to discharge tbe Committee of
the Whole from tbe further consideration of it,
and 10 refer it to the Committee of the Whole to
whom was referred tbe bill on the subject of non-

Aftet a debate of near three h(
was negatived— yeas 23, nays 91.

The debate was desultory Jn
eluding questions of order, &c., and the decision
of the question appeared to involve do principle,
Messrs. Gardner, Dana, Chittehden, Q,uincy,

AH, Lyon, Sloan, and Mabtebb, appeared
: in favor of the adoption of Mr. Chitten-
B resoluiion ; and Messrs. J. G. Jackson, O. R.
LiAHB, Bacon, Geo. W. Campbell, Smilib,
Alcsandbr, Stoby, Bibb, Holland. and Bppbs,
opposed it.

The Hou!ie then resolved itself into a Commit- -
tee of the Whole, on motion af Mr. Van Cobt-
LANDi^yeas 62, nays 4&— on the resolution ofMr.
Cbittenden, in tbe following words:

Seicioed, That the act pawed at the lart peerion of
Congreis, entitled "An act tsjing an embugo on all
ships and veuet* in the porta and harbon of the Uni-
ted Btatea," and itM KTeral act* supplementary and
■dditional therato, ought l« be ionuedulelj repealed.

Mr. Van Cortlahdt moved to strike out the
word "immediately," and insert, "from and after
the 4tb day of March neil,"

Mr. Efpeb called for the division of the quea-
tion, so as to lake it Grst on striking out the word
''immediately." And tbe questioD having been
so taken, was negatived — ayes 36. Tbe motion
to insert, of course, fell with tbe motion to strike
out. And the question on the resololioD hnTing
been stated,

Mr. LivEBHOBB said, he was agreeably dis>p>
pointed iu seeing this subject taken up, and was
not therefore aa ready to meet it as he might be.
He then commenced an argument on tbe const!'
tutionality of the embargo. Tbe origin of the
Federal compact was chiefly the want of some

Seneral power to regulate commerce. There had,
nwever, he contended, been no delegation by the
CoDstiiuiion of a power to lay .'an embargo; con-
sequently, the exercise of it was an assumption
of power not warranted bv the ConatituCion. The
Convention, he said, could have had no idea tbat
they were raising a power to destroy the very
object for the preservation of which they were
associated.
After Mr. L, had been speaking about ten mia-

Mr. Gbolbok asked if tbe gentleman would not
prefer being beard to-morrow T

Mr. LiVEBMOHf: answered that be should.

A motion was made that the Committee riae,
and report progress; which, however, was soon
changed to a motion to report the fact that there
was Doi a quotum present.

The motion for nsingwas supported by Messrs.
Cook, Dana, Quincy, Klliot, and Lyon, on the
ground tbat time was not allowed for discussion;
that it was late in the day, and no gentUmao could
be heard to advantage at this hour. It was op-
posed by Messrs. Maoon, Blackledob, Alston,
and D. R. Williams, for the reason, that, as they
bad consented to go into Committee on the sub-
ject, they wished an immediate decision ; that the
subject Kad already been amply discussed, and ■
protraction of debate now would but keep the
people in suspense.

The Committee rose, bat could not report, a
quorum not being present.

A motion was then made to adjourn, and cAi>
ried— yeas 40, itays 38 — a quoium being present

.yGoogIc

981

mSTORT OP CONaRBSa

Jand>rt, 1809.

Enforcing the Embargo.

H. or R.

:blrter of

■t the vote, serenl membcra haviog, whilst tha
Tcu and nays were calling, come into the House
from U>e lobby and elsetrbeie.

Thdrsdat, JaDuary 5.
, Mr. Van Dtee prneDted a mcmonal of sun-
dry late officers in the Delaware line of the late
RerotuiiUDary army, in behalf of Ihemselves and
others, praying that such further compensatioa
may be granted to the memorialists, for their re-
■peclire services in the capacity aforesaid, ai shall
be equiralent (o ao allowance of half-pay for life ;
or that such other relief may be afforded in the
premises as to the wisduni and justice ofCongresx
shall seem meet. — Referred lo the commiiiee
appointed the 26lh ultimo on the memorials of
sundry other late officers of the said ReTolutian-
ar* army.

The Speaeer laid before the House a letter
from the Secretary of the Trea3ury,accompanied
with sundry staiemeDts made In conformity to
the BeTeial proviaions of the laws providing for
thesak ofpublic lands south of the State of Ten-
nessee j which were read, and referred totheCora-
miitcL' 00 tbe Public Lands.

Mr. Lewis, from the Committee for the District
of Columbia preMnted a bill supplementary
the act, eoiilied "An act lo amend the "-' '
Georgetown;" which was read twice,
miilea to a Committee of the Whole on Monday

Mr.NEWTON.from the Committee of Commerce
and Manufactures, presented a bill for the relief of
lick, disabled, and dbtressed seamen ; which was
read, and tefcned to a Committee of the Whole
lo- morrow.

Hr. Nelson, from the committee appointed on
so much of tbe Message from the Presideul of the
UDtied States, at the commeacemeDt of the pre-
senc session, as relates to the Miliiair and Naval
EstabllshmenU, presented a bill authorizing tbe
appointment of a Superintendent of Ordnaui
which was read twice, and committed to a Cc
mittee of the Wlole on Monday next.

Mr. PiNDLET, from the Commilee of Bleetic
to whom it was referred to eiamiue Ihe cerl
eates of election or other credentials of several
Dew members returned lo serve in this House,
ibe room of othen who are deceased, or have
resigned their seats, made a report thereupon
which he delivered in at the Clerk a table, when
the same was read, and is as follows;

" Od eiamining the certificate* and credentiala of
Jo«eph Story, returned fbi the Huts of MaasachoKlt*,
in the room of Jacob Crownin*hield,i)ecesaed; of Rich-
ard JacksoUj returned for the State of Rhode Iiland.in
the room of NebeDiiah Knight, decesied) of Sunuel
Shaw, returned for the Stale of Vermont, to serve in
the r^Kim of JsmM Withcrell, who hu resigned his reat;
of Nathan Wilson, returned for (he State of New York,
in the rdoiQ of David Thomas, appointed Treasurer of
that State ; of Benjamin Say, lelurned for the Slate of
Pcnnajlvania, in the room of Joseph Clay, who has
reiignad his seat ; of Thomas Ghoiaan, jr., returned fhr
the Stale of Virginia, in the room of John Claiborne,
' ; and ^ Jesia B. Thomaa, elected a delegata

for the Territory of Iitdiana, bj tbe Lefialatnre thereof;
the second aeeaioo of tha tentlf Congraaa, in
if Benjamin Parke, appointad a judge of tha
superior court of that Territory — report

" That the cectiGcatea and other credentiala of |h«
elections and letuina of Joeeph Staiy, for the State of
Massacbuaetti ; Samuel Shaw, for the State of Ver-
Richard Jackson, for the State of fihode Island ;
Nathan Wilson, far the SUte of New York ; Benjamin
Say, far the SUte of Pennsjlvania ; Thomas Gholeon,
jun., (or the State of Virgiuia; and Jeaie B. Thomaa,
for the Territory of Indiana — ore suffident to entitle
them to seats in this House."

Ordered, That ihe said report do lie on the table.

Mr. Basbett, Chairman of the Commitlee of
the Whole House, to whom was referred a reso-
lution proposed by Mr. Chittenden, in the fol-
lowing words; '■' Reaolved, That the act passed at
the last session of Congress, entitled ' An act lay-
- o ibargo on ail iDJps and vessels iu the ports

and harbors oT the Cnited Slates,' and tbe several
ipplementary and additional ihereio, ougbt
to be immediately repealed ;" also, sundry other
resolutions subsequently proposed, and petitions
preaented, to the Hous^ touching the same sub-
ject— reported that the Committee had. yesterday,
according to order, had the said resolutions and
petitions under consideration ; and in the course
ofthediscussion,ihe Committee found themselvea
without a quorum, aud thereby dissolf ed. Where-

Ordered, That the said proposed resoltilion9,t<>-
gather with the petitions presented, touchiug the
subject aforesaid, do lie on the table.

A messagefrom tbe Senate informed the House
that the Senate have passed the bill, entitled "An
act for the relief of Augustin Serry." with an
amendment ; to which they desire Ine concur-
rence of this House.

ENFORCING THE EMBARGO.

On motion of Mr. NtcHOLAa, the House re-
solred itself into a Committee of the Whole, on
the bill for enforcing the embargo, end the seve-
ral acts supplementary thereto.

Mr. Klliot said he should commence where
he left off the day before yesterday, and proceed
in the discussion wlih all the spirit consisteol
with coolness. He went almost tlirough the hill
section by section, commenting at leneth 'upon
them.' To every section he stated specmc objec-
tions. Before he concluded his remarks, how-
■, the Chairman observed that the gentleman
could not object to sections which had heea
amended, as they could not, according to the
rules of the House, be struck out; and there wni
now DO moiioQ for the Committee to rise. And
Mr. E. closed his remarks, with an intimation
that he woiild renew them at a future stage of
the business.

The Committee then rose and reported the bill.

Tbe amendments having been gone through,

Mr. Kffes offered a new section to the bill re-
pealing so much of the supplementary act of
March 12lh last, as empowers the President lo
permit vessels to depart from the United Slates
10' bring ID property. This power, bo aaid, waa

.yGoogIc

HISTORY OF CONGRESS.

H. OP R.

Enforcing the Embargo.

Jahdakt, 1809.

not n«cetMry, whaleYer it mtght have been, and
had been uiidB a pretext for eraiioDi.— Agreed
to wiibout opposilioQ.

Mr. Pitkin moved to Hrike oat of ibe Qtb sec-
tioD the words in italic in the foHowiog :

•' Tbit tho collecton dTUI thi Jlitricta, ftcihallbe
(.othoriicd to seizo produce, dec, wheneTcr tht
reuOD to helisTo tlwt Ihey are intended for oil
tlon, or whtn in vt*ttb, carlt, uiagaru, ileight, or
ony othtr carriage, or in any manner <mparently, ~
their way tovrarai Ike lerritoritt of a foreign nab
or tht vicinity thereof, or towardt a piaee where euch
artielei are intended to he exported,"

He believed that it gave a despotic power to
collectors, with mitilar]' force, (□ arrest any prop-
erly going out of ibc couQiry— lo take eveQ a
truDK of a ciiizeo, which might have money in
it, goiaa from one pari of the country to any
place where it might probably be exported, Thi»

:ize properry ii

" apparenily oi

the territories of a foreign n

sleighs,

sels,

r way toward!

- . o -, ' was arbitrary

and despotic. Not a cart, he said, could travel
northwardly hut was going towardt the tei
rles oF a foreign nation, bui would be »ubje_. ._
this despotic power, &c. No similar power had
ever been given by any law passed in this coun-
try or any other. A man could not carry bis
wheat to market, if ihe mill lay in a direotioa to-
wards a foreign counliy, without being liable lo
seizure. The fourih article of the amendments
to the Consiiiuiion, saysj "the right of the peo-
' pie lo be secured in their persons, bouses, papers,
'and eflects, against' unreasonable searches and
'seizures, shall not be violated, and no warrants
'shall issue, but upon probable came, supported
' by oaib or affirmation, and particularly deicril
'. inf; the place to be searched, and the persons c
' things to be seized." What was " uoreaionabl
aeizure V If this power to seize, authorized by
the bill, were not unreasonable, he could Dor
what was. Was not this a violation of tbit
cle of the Constitution 1 lo article fifth, no
"■ball be compelled io any crimisal easeio.be
' wiioeaa againit himself, not be deprived of life.
'liberty, or property, without due process oflaw."
If deprived of bis properly in this way, was it
not, he asked, taking bis property without due
process of Uw 7 If the article of the Consiiiaiion
taeant aoything, tbe bill proposed a violation of
iu Mr. P. also adrerled lo iha novelty, if not
unconstltutioDBliiy, of giving lo maritime courts
JDiisdiction over occurrences taking place on the
land. He feared for the consequences of the
thing, if the law was enforced. Whilst gentle-
men took measures professedly for defending oar
rights on the ocean, he bcsged them to take care
not to destroy ibem on the land. The bill was
to maintain our right to sail without impediment
from either of tbe belligerents ; and for this pur-
pose they were about to destroy the rights for
which we had eren fought and bled. Thinking
Ihufl, he fell himself bound to move the amead-
nent, though he feared it would not be agreed to,
' for he perceived ibat this bill was promptly to
pais by an overwhelming majority. He did not

believe that ibis bill was necessary lo enforce the
embatrgo j aud if it was. it was one of the strong-
est arguments againal tbe embargo itself.

Mr. Basset observed that ail Ibe arguments of
the gentleman bad been directed against the word
"towards." The striking out "towards," and
inseriing ''to," would obviale his objecitons. — «
Qenllemen talked ol arbitrary measures. Did
gentlemen RUppose that ihe power here given 10
collectors was any way as arbitrary as must exist
in railitarv officers in case of war? Tbe advo-
cates of tne embargo had adopted that measure
as a lesser evil to avoid war. Was it arbitrary lo
keep produce al home and to compel those who
had not tbe fear of God before their eyes and love
of country in their besrts, to respect the laws of
their country ? Surely not ; it was but justice.
Was not the design to make laws operate equally,
both honorable and laudable,? Surely it was.
What was so arbitrary in the bill 7 The objec-
tions seemed so changeable, so Proleus-like. that
cbey could not be ascertained. It was altogether
destruclLveof republieaoiam tosay that we could
not enforce or support our lawn. Laws mi^ht be
partially evaded ; but they must be rendered gen-
erally effectual, and that was tbe object of Ibis
bill.

Mr. Effes said ihat if he coincided in opinion
with the gentleman from Connecticut on the
subject of the bill] be should UDi]uestioaably vole
agaiost it ; but he could not believe that ic either
violated the Coasiitution or esiablisheU ■ new
jurisdiction. He was well convinced that if the
gentleman from Connecticut would attend to out
revenue laws, he would find infinitely greater
powers bad been given by them. In almost the
first revenue law which bad been passed under
ttiis Constitution, importation by land had been
wholly prohibited ; and he asked the attmiion of
the House to the terms of tbe law, because it
proved thai our revenue officers had eiifrcised
jurisdiction on land as well as on water. He read
Ihe 7Dih section of the "act to provide more ef-
' fectually for the calleclion of duies imposed by
'laiy on goods, wares, and merchandise, imported
'into the United Stales, and. on the tonnage of
'ships and vessels," as follows:

" ThM no goods, woisi, or merelMndin, of fbiai^
growth or msnutmcture, subject to the pajmant of dt-
tics, shall be broogbt into the United States fram any
foiaign port or plaee in any other manner tbos bj no,
nor in any abip or vessel of less than thirty tooa bur-
den, except within the diitricl of Louisville, nor shall
be landed or unladen at any other place than is by this
act directed, under lbs penalty of seizure and (brfeiture
of all such vessels, snd of the goods, warea, or ine>
lise, brought in, landed or unladen, in any other
ler. And all goods, wares, and merchnndite,
brought into the United States by land, contiary to this
act, shall be forfeited, together wilh the carriages,
a, and oxag. that shall be employed in eonveying
une ; provided nothing herein shad be conauucj
to extend to haasetuild furniture and clolhing, belong'
ing lo any person or penons actually mnoving into
any part of tha United Stales, for ihe purpose of bo-
coming an inhabitant or inliabitanla ttwreof."

jjGoogle

HISTORY OF CONGRESS.

Jahuabt, 1609.

Enfireiiig the Embar^.

H. (

This principle, Mr. Efpeb laid, wm preciiely
thesime with that now proposed. The section
-iTBs Dot now in forcp, but other provisions were
sabstttuted in its place. Mr. G. quoted several
other parts of iaws, in which was given to the
eollecion & power lo t»rah all raCis, hoa», car-
riage.ij and to stop ihem when suspected, Ac, and
io which veisels going from oee port (o another,
of ttie same Slate, were compelled lo lake clear-
ances, or ffive bond and security, &c.; and per-
sons carTjrlng property, even oTerlaDd, Were re-
qniced to give security. And yet, s&id Mr. E.,
when we now propose la give the same power '
the very Mice words, we are told that we a
-violaiiog the Conalilulion and deetioyiag the

rights of the citizen 1 The Conatitaiion, he said,
bad wiseir provided that the citizen should be
secarein nis person and property. Bui if a man's
property were to be found under such cilieum-
stances as to amboHze a belief that he intended
to TJoiate a law of the United States, was it an
infraction of the right of the citizen to compel
bim to give bond that he will not 7 The very
gentlemen themselvea who raised this outcry, had
passed lawj stTonger than ibis. He was against
the ameDilmeot p ro posed , because it authorized
no seizures in any situation in which property
would not be liable toEeizuieforinfractioa of the
present revenue Jaws.

Mr. Dasa could not subscribe to the opinion
of ihe genllemaa from Virginia, that the princi-

Cles of Ehi« bill were recognised in the revenue
iwE. He said he would enter inlo do examina-
tion of the question, whether an embargo, laid
indeGoilely without jimitaiioo of time, was Con-
atitutioaal or noti But he objected to this part
of the bill, that it authorized the officers of the
United Stales to seize property to which the
United States had no claim. In every case where
properly became forfeited in consequence of a
contra vent ion of the kw, that property might,
withoDt violating general principiea, be seized by
(be officers aciin?for the public. The actof sei-
zure brings it before the court, and, if ascertained
to be forfeited, it is immediately liable Id codGs-
caiion. This was not the case tn the present bill,
for the person whose property was seized was
permitted to hare it a^ain on giving security for
Its value. The very idea of a man's regaining
his propertj; on giving security was incompatible
with ibe seizure of goods as lorfeited. The sus-
picion of an ioteni to evade the kw could be no
ground for seizure. In the ease of the leveaue
laws, ibe very fact of goods being found within
Ibe lines, not having paid duty, was, ipto facto,
evidence of iheir being forfeited, transferred the
properly lo the use of Ihe United States, and
made it liable to seizure. On tbis ground, there-
fore, he Ibought the part whiob was moved to be
etricben out was wholly an warranted.

Mt. D. R. Williams suggested a modi&cation
of the amendment, which, he believed, would
satisfy the fasti di on sn ess (for so he was compel-
led 10 call it) of ibe geDileman from Connecticut.
He observed that it used to be penal for a man
ersD to uove any pait of bis properly after mh-

dowa, and yet he believed that none of the dis-
tress had been felt from thai lawwhich geatlemeii
seemed lo apprehend from this law.

Mr. LivEHKORB thought this section, and, in-
deed, the whole bill, could not be understood by
gentlemen, or there could be no dlSerence of
opinion on Ihe subject. The bill, indeed, had
been very essentially altered since it came from
the Senate ; for, before it was amended, it con- '
tained a provision by which « collector, who had
any particular hatred to any man, might go wilb
a hand of soldiers and seize his properly.

Mr. Eppes denied that the bill had contained
any such provision.

Ml. LivBBMOBE said that the collector was au-
thorized to seize property when he believed it in-
tended for eiporlatioD, not confining the right of
seizure to any paniculai limits, were it not for
the amendment mnde by the House. If money
had been accumulated in a bank. Mr. L. said
that il raighi have been seized unaer a preleoce
of a suspicion that it was intended for ezporta-
lion. And,' as ibe bill now stood, suppose a man
travelling from this place lo Baltimorej which is
an exporting place, haviog with him in bis car-
riage or vehicle a siim of money, it would he is
the power of any person to seize it, saying that it
was intended for eiporlaiioD, and keep il until be
had been able to procure security for its retention
in Ihe United Stales. What would be the conse-
quence if this power should be tyrannically exer-
cised 7 Why, the revenue officer might be sued
for damaees, itc. Mr. L. made some observations
on the suDJecl of the process in this case, tbc. He
considered this bill as vesting arbitrary powers in
ibe Executive, and oppressive lo the citizen.
This, he said, was the way in which all countries
had lost iheit liberties, by gradual aiisumptions
and delegations of powers. Rome had not es-
lablishea a dicialorship in a day j gradual ap-
proaches were always made to despdiiam. He
said he should vote against the amendment and
against the bill, because he did believe, if passed,
thai it would be subversive of the liberties of the
people of the United Stales.

Mr. Eppes said, ibat the sentleman from Mas-
laehusesti must bave lately taken a irip to the
island of Tribnia, described by Dean Swift, and
received some insiiuciions from the artists who
were so dexlerons in finding out hidden mean-
ings in words, for insUnce, that a flock of |*ese
signified a Senate, a buzzard a Prime Minister,
&c., becauH he bad gi.ven moanings to the bill
which could not be justified by the langna^ of
the bill, or fairly inferred from it. The bill as
sent from Ihe Senate, Mr. E. said, did notauthor-
)2e any snch seizure ; and he asked the gentle-
man from Massachusetts, as a lawyer, whether
any collector would dare to violate ine GoDsiitu-
tion by eiiemptiag to search a house without a
warrant? The gentleman knew that he could
not j that law could not give such a power. The
gentleman had lold them that Roman liberty had
not been destroyed at once. If they looked into
Roman history they would find that Rome was
once saved l^y the braying of an ass ; that Ihe

.yGoogIc

987

HISTORY OF CONGRESS.

9S8

H.orR.

Enforcing the Ewhargo.

Jandjibt, 1809.

cachliDg of geese ODce saved the Capital ; Ihnt
the conipitacf of Caliline had been beirajred bjr
a woman. These were remarkable circumsiaDcei,
but had no more conDeiioD with the quesiion
than the ^nilemaD'a case of ihe diclalorahip.
Mr. E. said when he saw geatlemen supporliog
obieetions, like ihe geaileman from Conaeciicui,
. (Mr. PiTKiw,) be could raeel and respect them,
but wbeo he heard a grntleman lay that, by the
bill, an officer couM Tiolale a private saDctuarr ;
when he looked into the law, and found no aach
provision, he could not treat his observations with
atientioD.

Mr. LivEBMOBB said, that the genlUmBB could
not have understood him as alluding to tbe bill
as it now stood, but as it had come from the
Senate. The gentleman bad asked hira, as a
lawyer, whether a man could enter a house with-
out a warrant, and seize property 7 He could not,
' b^ virtne of a law, and why ^ Beeaure the Con-
stitution would prevent him. But this did not
takeaway the impropriety of passing such a law.
He did not believe that the courts of juMlce had
become so corrupt, or would display such a vile
submission to any authority as to submit to carry
into effect t law which was uoeonatitulional.
He said that he attributed no wrong intention to
seotlemen ; but he conceived it possible that their
feelinfs might hide from them the true construc-
lioD oT tbelaw. He warned gpnilemen against
it. Oentlemen might talk about asses and geese,
for he supposed the gentleman meant lo be severe
upon him ; if so, he would return Ihe compli-

Mr. Eppeb said, he had not applied the obser-
vation to any one ; if there was any application
in the case, the gentleman had certainly taken it
to himself.

Mr, LivEHUORE said, he bad eipreised no optn-
ioDs but such as were founded on mature reflec-

After aome retnarks, in explanation, from Mr.
Daha,

The question on Mr. Pitkib's amendment was
taken, and it was negatived — yeas 41, nays 51, as
follows :

Yiis — Eiekiel Bacon, Martio Chittenden, John

Francis Gardner, Charlei Ooldaborough, John Harris,

WilUani Milnor, John Montgomeiy, Jeremiah Morrow,
Ourdon B. Mumford, Thomu Nenbold, Wilson Gary
Niehoki, Timothy Pitkin, junior, Joaiah Quincy,John
Bhn of Tennesiae, John Ruuell, Riehud Stanford,
Clenent Btoisr, JoMph 81017, l^wis B. Storga, Petci
8wait, Samuel Taggart, John Tbompaon, Jamea I.
Van Alen, Philip Van Cortlandt, Nicbotss VanDjko,
KUlian K. Vtn Henaulner, Jease Wharton, David R.
Williams, and Nathan Wikon.

Kavs— Evan Alexander, Lemuel J. Alston, Willis
Alston, junior, Joseph Barker, WUIism W. Bibb, Wil-
liam Blackledge, Thomas Blount, Adam Boyd, John
Boyle, Robert Brown, WilUun BuUer, Joeeph Cal-
houn, Qeorge W. Campbell, Matthew Clay, John
Clopton, Orchard CiK>k«4ahn Dawson, Jaaiah Daana,

JoKph Desha, John W. Eppet, William Findley, Me-
shack Franklin. Thomas Gholwm, junior, laaiah L.
Oi«en, John Heiater, Jamea Holland, David Holmea,
Reuben Hamphreya, Daniel Ilaley, Walter Jones, John
Lambert, Daniel Montgomery, junior, Nicholaa R.
Moore, John Morrow, Kogor Nelson, Thomas Newton,
John Potter, John Fugh, John Rea of Penn^lvania,
Matthias Richaida, Ebaneiar Seaver, Samnel Shaw,
Dennis Bmett, John Smilie, Jedediah K. Smith, Joho
Smith, John Taylor, Daniel C. Verplanck, Robert
Whitehill, Isaac Wilboui, and Aleumdei Wilaon.

Mr. STuaaES moved to amend the last aeclion
by striking out the term of limitation of tbe law
to the duration of the embargo, and io^ertin^ u
the period to which this bill should expire, '' tbe
Brst day of June nexu"

Mr. O. W. Campbell observed that aLtboDgh
he wai decidedly opposed to this motion, he wish-
ed it not to be understood that, long before the
first of June, he misbt not be willing to adopt a
stronger measure, if no change of our siiuaiioa
took place.

The question was then taken 00 striking oat
tbe words in the bill, to make room for the
amendments, and lost — yeas 27, nays 75, as fol-
lows:

Tsis — Bpaphroditas Champion, Orehsrd Cook,
John Culpeper, Bamne! W. Dana. James Elliot, WU-
liam Ely, Barent Qardeniei, Franda Gardner, Charles
Goldiborongh, John Harris, Richard Jackson, Robert
Jenkins, Joeeph Lawia, junior, Matthew Ljon, Joiiah
Masten, William Milnor, Jonathan O. Moselr. Gordon
B. Momford, Timbthy Pitkin, junior, Jouah <iuiBcy,
William Sladman, Lewis B. Bturgea, SaraacI Taggart,
Benjamin Tallmadge, Jabea Upham, Niehalas Van
Dyke, and Killian K. Van Kensaelaer,

N«vs — Evan Alexander, Lemuel J. AlMon, Willii
Alston, junior; Eiskiel Bacon, David Bard, Joseph
Barker, William W. Bibb, William Blackledge, John
Blake, Junior, Thomas Blount, Adam Boyd, John
Boyle, Robert Brown, William Butler, Joesplk Cal-
houn, George W. Campbell, Matthew Cla;, John
Clopton, John Dawaon, Josiah Deane, Joseph Desha,
Daniel M. Durell, John W. Bnm. William Findler,
James Fisk, Meaback Franklin, Thomas Ohokon.jun.,
Isaiah L. (Sreen, John Heister, James Holland, David
Holmes, Benjamm Howard, Reuben Humphreja, Dan-
iel Bsley, Richard M. Johnson, Walter Jonea, John
Lambert. Nstbaniel Macon, Robert Marion, Duid
Montgomery, junior, John Montgomery, Nicholas S.
Moore, Thomas Moore, Jeremiah Morrow, John M<»-
row, Roger Nelson. Thomas Newbold, Thonaa New-
ton, Wilson C Nieholos, John Porter, John Pu|;h|
John Rea of Pennsylvania, John' Rhea of Tennessee,
Jacob Riehards, Matthias Richards, Ebeneier Seaver,
Samuel Niaw. Dennis Bmelt, John Smilie, Jededish
K. Smith, John Smith, Henry Soudiard, Richard Stan-
ford, Clement Storer, Joseph Story, John Taylor, John
TiMimpson, Daniel C. Verplansk, Jesse Wharton, Rob-
ert WhitehiU, Isaac WUbour, David B. Williams.
Alexander Wilson, Nathaa WiUon, and Richard
Winn.

Mr, Stdsobb's amendment, of courae, fell with

•• And be it firthtr enaeted. That this act, and tb*

.yGoogIc

mSTORT OF COKQKESS.

990

Fahoaht, 1

Enforcing the Embargo.

a. OF a.

let lijiog an embargo, and th« laws lupplemaDUi; to
t, be repealed an the foarth of Much next."
Mr. Cook moTed to adjonni — ayes 26.
Mr. Blount said be wb« not prepared to say
.bat ihete might not be a lime wbea the embar-
p ought to oe remored, eTea if our difficoltiea
irere out removed; but he was certain tfaat,
ivheoeTer it was lemoved, some other measure
nust be adopied. He nioTed, as ao ameDdmeat
yi the Reatlemau's motion, the following: "and
that, from and after the foutlh day of March
next, it shall be tawfal for the PrendeDl of the
United States to issue letters of marque and re-
prisal to such citizens of the United Slates as
shall apply for tbem asainst the oatioDs baring
edicts in force violating the lawful commerce
of the United Siaiei."

Mr. LiTEHUOBE said, it was true that the Cod-
[ress of the Uotted 9<Bies had the power of de-
:laring war; but be did not know that they could
lelegale tbe power to the President of the Uoi-
ed States. He said he was not lurpriMd at it j
or they seemed to have arrived at a period when
bey should choose a Dictator, and vest him with
he power of life and death-
Mr. Eppeb said that tbe gentleman from North
Darolina had expressed clearly his idea ; that he
vas not prepared to *oie on the ameodmeQt of
Vli. STUBQEe, Bud merely meant to express his
dea that, if tbe embargo was taken off at this
notnent, letters of marque ought to be granted.
.0 this opinion Mr. B, coincided with bim ez-
ictly. The geniUman from Massachusetti (Mr.
LiIverhobe) did not pretend to say that Con-
'ress bad not the power to issue letter* of marijue
ind reprisal. Who, then, said he, is to aisn
hem? Our Speaker? No,sir; most probably
he Execulire, to whom the gentleman is so teo-
ler of granling power. I shall rote for the
imendment of tbe gentleman from North Caro-
iaa, but do not consider it as pledging me to rote
or tbe whole section of the geatleman from Con-
lec tiout, (Mr.STDBOBB,) as proposed to be amend-
•d ; (bough I will not say that on the fourth of
March it might not be proper to ia so.

Mr. Blodkt said, I rite to correct an impres-
lion which seems to exist in the minds of some
•entlemen, that I am desirous of going imme-
iiately to war. 1 can truly sayj that no man in
this House u lesa desirous of going towiraiihia
lime than I am. In voting lor the embargo, I
iras actuated by a desire to avert that evil; and
[ bare and shall continue to vote for its coniinu-
tnce, because I still believe it will avert it, if, in-
deed, it be avertible. I introduced the amend-
ment to the amendment now under consideraiioii
to show my opinion that the injuries we have re-
ceived cannot be submitted to. and that if the
smbargo is abandoned before tnose injuries
redressed, we must necessarily resort to war
ihall vole for the amendment and against the ssi:-
lion as amended.

He ihea amended his amendment by inserting
the words "and neutral righB" after the word
" commerce."
Mr. OAVin R. Williahs said it wa* very

easy to discover what was the obJKt of the
gentleman from Conaeciicui — lo call the yeas
and nays, OD oae question or other, till the empty
seats on his side of the Hoose were filled, and
they would not get tbe question. He
was sorry that the gentleman from North Caro-
lina had made an oojecl so DDimpottaat as im-
portBDl as he did. He really wished that he
would withdraw his amendment. Every con-
sideration of policy was against its being decided
to-nigh 1.

Mr. STUBoea assured the gen tlemao from South
Carolina that he bad no trbicsnery in his nature;
his only object was to obtain a direct decision of
the question. He disclaimed the motive atlribut-

Mr. J. O. Jaoebon said, if the gentleman from
Connecticut intended to vote for his own amend-

enl, he must certainly vote for thai of (he geo-

•man from North Carolina.

Mr. Blocmt wJithdreW his amendment, with a
declaration that, if Mr. Stubqeb'b amendment

ere adopted, he should move it as a new section.

After some observations from Mr. (toiifCT in
favor of, anil Mr. Macon against the new section
proposed —

Mr. CuLPEPEB moved to adjourn — yeas 25,

iye98.

Mr. Q. W. Campbell opposed the resolution,

a speech of a few minutes..

Mr. Dada spoke about an hour in favor of it.

Mr. Macon spoke ia reply for halfan hour.

Mr. Lion spoke in favor of the amendmenU
about twenty minutes.

Mr. Smilib spoke in reply about the same time.

Mr. Stanpohd moved to adjourn — yeas 36.

Mr. Ltvbbhobe spoke in favor of the amend-

ent, and in reply to Mr. Ssilie, about tweoljr

Mr.MABTEBB.— Mr. Speaker, I perceive that the
friends of the embargo are all mustered and uiar-
iballed for duty this night. They make so fine
ID appearance, there is no doubt of vie tory on theii
aide. Nevertheless, 1 am determined to raise mf
arm and my voice against it, and in favor of tbe
repeal. I hope the debate will be continued with
all the temper and impartiality that the import-

■P"!

B of the subject requires. I do not wish to
jk disrespecifnlly of the measure, but must beg
ine (Ddutgeoce of speaking to it with freedom.

We are again called upon for a substitute for
the embargo. There are but three ways to be
pursued : repeal your embarao laws in tbe whole,
ri^peal tbem in part, or maVe war. The aubati-
luie I propose, is, to repeal the embargo laws aa
to those Powers who are friendly^nd suffer your
vessels to arm OB the defensive. This course has
this pre-eminent recommeDdation,of avoiding the
supposed submiaaton on the one band, and the ca-
lamities and horrors of war, with all its attendant
miseries on the other.

Let it be recollected, that this course will ena-
ble us, in some degree, lo increase our commercial
resources. Open Irade with those countries wbn
are friendly will lead to enterprise far m or* ex-
tensive than we can foresee, and fu beyond oni

.yGoogIc

991

HISTORY OF G0N(HtE8B.

H. or B.

Enforcing the EitU)arg^

Jandaby, 1809.

depth. If this courn is viewed with ealm, dis-
passionate, and sober iiiTealigalioD, I yet hope it
will be adopted.by ilie House.

Commeroe is blended with our customs sad
mBDOers, aod is out i^ilthl. Let it oat be swept
away,BDdaCliiDeseporicysubstituIedinitsplHce.
Because Oreat Britain sod France insult you, are
you to probibit all ititercourse mih the test of the
world? CommercB is one of the bieasings which
flows from a good goTernmeni ; which opeas the
way to many other iraprovements — to the iairo-
duciioQ of arts, of industry, of all the virtues and
sweets of civil life. Can industry, can wealth,
can ciTilizalioD, increase among^ the great bulb of
the people, without commerce? If you repeal
the embargo in part, it tvill open our maikets.BQd
give the merchants the use of their capital, and
considerably increase the strength of the country,
by difiusioff the gold and silver of Mexico. It
will gire life to the operation of commerce and
all the improvements of agriculture, and, above
all other ODnsideratioDs, it will give quiet
intern B I repose.

The legal powerofg^verament is the^uartJian'
of all privileges and rights: that guardian caa-
Dot be supported without the respect and rever-
ence of the people. Allegiance is tied to protec-
tion ; if you deprive the citizens of the benefit of
protection, you dissolve their allegiance.

One of the greatest advantages upoa whicl
oar public welfare and strength particularly dc
pend, is the union of the Slates, and a spirit of
concord. The embargo has a strong and maci-
fest tendency to break the ties of mutual interest
which bind and knit Us together, and to raise ani-
mosities, jealousies, and deadly feudi. Follow
not a delusion that may lead to destruction. Do
not drive your citizens to madness by your ill-
timed measures. Do not quarrel with yourselves.

All classes of men are subordiOBle to the great
laws of society— Jo the good order, the peace and
safety of the country. You must however re-
member, that your power ought not to be exer-
cised to the grievous inconvenience and detriment
of the public. Despotic power, in matlersof high
government t« the people, is oppression — is tyr-
anny— wherever it exists. True ubet'ty and good
government are inseparably connected. Anar-
chy is not liberty ; despotism is not government.
It is in dispensing justice — in.proiecting the rights
and redressing the wrongs of the people— that
republican authority best appears to the citizen,
and excites his veneration and esteem. When
relieved by its care and protected by its power,
peace and security will follow.

The eoereive and Chinese doctrine of the em-
bargo is false, ehallow, and more absurd than the
most pestilent theories that were ever engendered
by the confused imagination of man — is hostile
lo the real interest of this country, to national
and individual prosperity — and has become one
of the greatest scourges ibis country ever was
oppressed with. It was founded on erroneous
principles, which is a aufCcient reason for its re-
peal. The idea of coercion is the roost contempt-
ible idea that ever entered into the head of mao.

We have the best of experience to ibow how
feeble the embargo is. and how inadequate in
practice to the great object of coercion.

In contemplating on your embargo and non-
intercourse as eoBTcive weapons; the trade of
Great Britain to extensive colonies ; to Spain and
Portugal, with Spanish and Portuguese Ameri-
ca ; the suocesses of the British naval force over
every aea; the general increase of their power
and the extension of their commerce, are erenta
which must be taken into consideration.

QreatBritainsayi you shall not trade to Fraoce,
and France says you shall not trade to Great Brit-
ain. Wc say, agreed, and pawo our commeice

lofulBlthepi

This withdrawing from the

it is in reality a disgraceful,base,and abject at
der of that rank which w6 are entitled to among
naiioos. A right to navigate the ocean, and open
our ports for exports, is a sentiment in the heart
of every American — a law beyond anystatute.

Can any man, looking at human nature as it i^
contend that your laws cannot be evaded 1 Will
yon keep open the door to inroads, to clamor, to
evasion of the law, under the false and imposing
color of coercion 7 It often happens Ibat one error
in government begets another. If you continue
your system, you add error to error. Your meaa-
ures will give joy to Qreat Biitaio and Fiance;
and your Tate election has terminated according
to their views sad interests. Great Britain and
France will soon know that we have got onder
the same Administration for four years to come,
that have for four years back submitted to all the
insults, iggressiotts.and indignities, that they could
heap upon us — an Administration that often made
great blusterings, but never dared venture any-
thing but proclamations. Although I respect the
Executive and his Administration for their pure
iotentions to preserve neutrality and the blessings
of peace, I believe, instead of bntldiag imaginary
casilei, it would have been mote wise in dne sea-
son to have fortified eur ports and harbors, and
built heavy ships of war. Can we expect that
our embargo and Don-inieroourse will be r^arded
anymore than our gunboats and paper threats?
Can we gain satitfaotion, as to any one point, by
our system? No, sir. The belligerents will ex-
pect us 10 continue our paper warfare and negoti.
at ions, and ia the meantime encroach upon our
ighis, and keep ns from the ocean, by out sab-
Let geDtleraen say "wbat they will, no oratory
an persuade me that your paper war, your gnn-
oat war, your embargo war, will not be defeated.
Repeal your embargo in whole, or to part, and
have an armed commerce. It is my earnest wish
that this amendment should be confirmed with
the most marked and decided approbation of every
member.

e all out advantages which may be deri*^
from the export of our produce; are all oar ad-
vantages to be derived from an increase of national
wealth, to be retarded by a eontinuaaee of the
embargo, and bv the distractions and divisions of
parly— by the bltod zeal and fr«niy of prejudice}

.yGoogIc

HISTORY OP CONGRESS.

994

Januart, 1809.

E<i^orcing the Embargo.

ir situation, I trust, will agree to decide
tbis amendmeDt free from reseDliocDi ind imita-
tion, uninflueBced by prejadicea, and uninfluenced
by llie passioas on HceouQEof British agressions.

Ii becomeg ihe duly of CTery memljer of this
House to unite iheir aid and sssisiance to gire
slability and security to some system. It appears
lo me tbe middle course is the most wise. If
Ihere ia anylhing whicb should appear defecli»e,
it will become, in consequence, a duty to point
ont that defect, so tbat it may be remedied.

The gentleman from Tennessee (Mr. Camp-
bell] leilsus, ''The embargo is the only efficient
measure we hare taken ; and if it does not soon
answer the purpose, we must have war." Hea-
ven forbid, that the falal allernatire shdold be
decided in favor of that geoileroan.or in faior of
his embargo ! Tbe honorahle gentleman appears
to go upon the idea that there is an nnalterable
enmity between Great Britain and the United
Slale« ; which is to suppose an eternal malice in
tbe original frame of man. and that ihere can be
DO such thing as a friendly intercourse between
the two nations.

Tbe gentleman's position, then, wilt bring- us
to war. Wilt you pluck the gilded feathers and
olire branch of peace from the American eagle,
which may gripe and pierce with ber talons the
liberties of thi:; country ? Before wise and good
men draw the sword, they consider whether the
war in whicb ihey are going to engage be practi-
cable or necessary,aad what ihey are going to get.
We have so liiile to get and so much to lose by a
war, that nothing but the last niscessjiy can induce
me to abandoD paciGc tueasures, which ought to
be the object of this commercial and agricultural
country. A few years more of tranquillity, with
our variout climate and rich soil, will reader the
United States the sioBt envied spot in tbe world, if
■WK are not embargoed, and embargoed to deatrue-

The belligerents refuse to reticind their edicts.
This can be no reason for oar declaring war, un-
less we have a chance, at least, of obtaining by
irar what we demand. If we go to war against
them without any such chance, We shall forfeit
all pretence to the character of being a wise and
cautiotK people. I will go ai far as any member
io Jefensire tueasures^and preparation to meet
future events. I hold U asound maiim,in times
like tbe present, to be prepared for war.

If you goto^amith both belligerenta, the cd~
IbioD will be with Qreai Britain ; and the coase-
quenee will be, that France and America will
be united in tbe aarae object. Although this
Qovetnment and nation may not intend it, such
will be the eventual operation. The Empertir of
France baa always destroyed his best friendii. If
you associate with Prance^ this Repablic i ^ pawned
to French influence. If ever our unthinking pol-
icy— the overbearing power of prejudice and pas-
sion— shall produce that fatal consequence, the
melancholy moment will be loo late ta be per-
ceived and remedied. Such are my se aliments.
I ua not afraid lo avow them in tbe presence of
lOtbCofl. 2d Ssss.— 33

1, who, I am proud to say, ii

>t poisiHied

ernment.

pUr. Masters proceeded to showthat the object
ofthe Emperor of France was universal conquest,
and how he obtained his power in the French
der to prove tbe dangero

iequt

isofai

i when

The Speaker remarked that the question waa
not war,and deelared him out of order. To which

Mr. Mabterb replied, if he could not have hia
own way in the debate, Mr. Speaker might de-
cide the quMlion before the House himself, and
he should not appeal from the decision.]

Mr. Elliot rose and commenced a speecb ia
favor of the resolution. Before he had been speak-
ing many minutes, be was called to order by Mr.

J. G. jACKaON.

The Sfeakbr decided that he was not in order.

Mr. Gardenier appealed froiD his decision,
which was confirmed by a large majority.

Mr, Elliot proceeded in reading through the
documents communicated this session. He wai
repeaiedly called to order, but the Speaker uni-
Ibrmly decided that, if Ihe genlteman chose to
make any pamphlet or hooka part of bis speech,
keeping to the question, he had a riebi to do so.
He was afterward called lo order by the Speaebb,
when gi.ving an account of his puiiticai life, ana
the regret he felt at some votes whicb be hfd
given. He coocluded his remarks a little after
twelve o'clock.

The Clerk then proceeded to cnll the yeas and
nays on ihe amendraeni. After the first member
on the list had answe'redi a member rising lo

The Speaker observed that it was not in order
to debate the question, after the first member
called bad aoswaied.

Mr. Ranoolph appealed from hit decision, af-
Grmiog,at the same time, that the member who
had answered was not in his seat at the time-
After some little altercation, the Speaker's de-
cision was confirmed by the House — yeas99,iiayt
10, as follows:

Tais — Etbd Alexander, Lemnet J. Alston, Willb
Alston, junior, Eickiel Bacon, David Bsn], Jom|A
Barker, Bnrwell Sumelt, WUUsm W. Bibb, WUliam
BlacUcJge, John Blake, jun., Tbomas Bloant, Adam
Boyd, Jobn Boyle, Robert Brown, Williim Butler,
Joeeph CKlhonn, George W. Uampbell, Epaphroditna
Chatopion, Martin Chiitenden, MatUiew Clay, John
Cloplon, John Culpeper, Richsnl Catts, John Daven-
port, jun., Joseph Deahs, Jamea Elliot, William Ely,
Jobn W. Eppes, Wiliiain Pindley, James Fiek, M«-
■hack Franklin, ThaDiBsElholson.jnn., Charlee Gold*-
bor«agh, Issiah L. Green. John Harris, John Hviater,
James Holland, David Holme*, Benjamin Howard,
Reuben Humphieya. Daniel Ililey, John (I. Jackaon,
Richard Jackson, Robert Jenkins, Richard M. JohoaMl,
Walter Jonea, Thomaa Kenan, PhUip B. Key, WUUam
Kirkpatrick, lohn Lambert, Nathaniel Macon, Robert
Marluo, Joaiah Masters, William Mitnor, Daniel Mont'
gomcry, jun., John Montgomery, Nicbolaa R. Moore,
Thomas Moore, Jeremiah Morrow, John Mormw, Jon-
atbao O. Moielj, Gutdon 8. Hmufbrd, Roger Nebon,

.yGoogIc

995

HISTORY OP CONGRESS.

H. OP R.

Enforcing the Embargo,

ThomM Nenbold, Themaa Newton, Wilion C. Nich-
nloi, Timatbj Filkin, Janiar, John Parlor, John Sea
of Peon ly Wan is, John Rhe& of Tenncuee, iucob
BicharJs, MstlhiBi Richardi, Ebenezer SesTur, Samuel
Shaw, John Smilie, Jedediah K. 8mith, John Smith,
Samuel Smitb, Heor; Southard, Richard SUnford,
William Stedman, Clement Storer, Jonepb Star;, Pe-
ter Swart, Benjamin Tallmadge, JMin Ta;lar, John
Thompion, Geargs M. Troup, Jabei Upham, Jame* I.
Van Alen, Philip Van CortUodl, Nicholas Van Djks,
Daniel C. Verplanck, Jeaae Wharton, Robert While-
bill, I>a*e Wilbour, DaTid R. Williame, Alexander
Wilaon, and Richard Winn.

NiTB— Bafent Gardenier, PraDcii Gardner, J imea
M. Oamett, Edwin Gray, JoMpb Lswia, junior, Ed-
ward St. Lt>e Liiennore, Hattbew Lyon, Joiiah Quio'
tj, John Randolph, and Lewie B. Sturgei.

The question was then GatUy taken od Mr.
Stdhoes's amendmeDt — vmb 35, nays 81, as
follows:

, Martin Chitten-
)anB,Jolin Daven-
or, Jamei Elliot, William £1?, Barent Garda-
nier, Francig Gardner, Jamei M. Gamett, Cbsrles
Gotdiborough, Edwin Gray, John Harris, Richard Jack-
son, Robert Jenkins, I^ilip B, Key, Joseph Lewis, jr.,
Edward St. Lot LiTermorB, MalCbew Lyon, Joaiati
MastBrs, William Milnor, Jonatban 0. Mosely, Timo-
thy Pitkin, junior, Joaiab Qutney; John Randolph, John
RdbhU, James Sloan, William Stedman, Lewis B.
Sturges, Bamuel Taggart, Benjamin Tallmadge.Jabez
Upham, Philip Van Corllandt, Nichatas Van Dyke,
and Killian K. Van Rensselaer.

Niyg^Evsn Aleiander, Lemuel J. Alston, Willis
Alston, junior, Ezekiel Bacon, David Bard, Joseph
Barker, BurweU Baaiatt, William W. Bibb, William
Blackledge, John Blake, juvior, Tbamas Blount, Adam
Boyd, John Boyle, Robert Brown, William Butler. Jo-
senh Cslboun, Georga W. Campbell, Matthew Clay,
lobn Cloptoi), Richard Cutis, Josish Deane, Joseph
Daiha, John W. Eppei, WiUiara Findlej. James Fiak,
Meahack Prankiin, Thomas Gholaon, junior, Iseiah L.
Green, John Heister, Jamei Holland, David Hahnea,
Benjamin Howard, Reuben Humphreys, Daniel Haley,
John O. Jackson, Richard M. Johnson, Walter Jones,
Thomas Kenan, William Kirkpatrick, John Lambert,
Nathaniel Macon, Robert Marvin, Daniel Monlgonie-
^, junior, John Montgomery, Nicholas R. Moore,
Thomas Moore, Jeremiah Marrow, John Morrow, Gur-
don S. Mumford, Roger Nelson, Thomas ITewbold,
Themaa Newtnn, Wilson C. Nicholas, John Porter,
John Rea of Pennsylvania, John Rhea of Tannesses,
Jacob Richards, Matthias Richards, Ebenezer Seaver,
Samuel Shaw, John Smilie, Jedediah K. Smith, John
Smith, Samuel Smith. Benry Southard, Richard Stan-
ford, Clamant Storer, Joseph Story, Peter Swart, John
Taylor, John Thompion, George M. Troup, James L
Van Alen, Daniel C. Verplanck, Jessa Wharton, Rob-
ert Whitehill. Isaac Wilbour, David R. Willianw,
Alexander Wilson, Nathan Wilssn, and Richard
Winn.

The queaiion recntring on the bill's going to a
third feading —

Mr. Stobqeh said: Mr. Speaker, it is with ex-
treme regret that I rise lo trouble the House at
this late hour or the night. Gentlemen will bear
me witness that I rarely lake up the litne upon
lubjecta which coote under our consideration.

Sir, 1 a

Titling, geneialljr, to ail silent, and bear

tionsj and ray ptincipal arabitioD a

of this House, is, to give a correct vote.

or so LDterestiag a nature, however, in mjr ap-
prehension, are many of the provisioDii of this
bill, as respects the civil rights of the citizen, that
I feel it rov duty to slate my objections before it
passes, ana I also know this is the case with sev-
eral of my friends. Sir, owing lo a decision of
the chairman of the Comoiitiee of the Whole,
when this bill was before thai Commiitee, we
have had no opportunity to do this. I do, with
the moat perfect sincerity, assure genlleioeD of
the majority — if I know ray own heart and the
disposition of my friends — (here is no desire to
protract this debate unreasonabLy, or to keep gen-
tlemen here to an unseasonable hour of the night.
I hope we shall be indulged with another day
before the fioal vole is taken. I, therefore, move
that the House now adjourn, and call for the
yeas and nay* upon thit question.

The yeas and navs were accordingly taken, and
it was decided in tke negatiye — yeas 35, nays 79,

Ysis — Evan Alexander, Epa[diraditus Champien,
Martin Chittenden, John Culpeper. Samuel W. Dana,
John Davenport, junior, James Elliot, Williun Ely,
Francis Gardner, Charles Goldsbor^ugh, Edwin Gray,
John Harris, Richard Jackson, Robert Jenkins, Philip

B. Ke;, Joseph Lewis, junior, Gdwanl SU Loe Liver-
more, Mallhew Lyon, John Morrow, Jonathan O.
Mosely, Timothy Pitkin, jtmior, Josiah Quincj, John
Randolph, John Russell, James Sloan, Richard Stan-
fbrd, William Stedman, Lewis B. Slurges, Peter Swut,
Samuel Taggart, Benjamin Tallmadge, John Thomp-
son, Jsbsi L'phani, Nicholas Van Dyke, and Killian K.
Van Renseelaar.

Nits — Lemuel J. Alalan, Willis Alston, jun., Em-
kie] Bacon, David Bard, Joseph Barker, Barwell Baa-
sett, William W. Bibb, WilUam Blacbladge, John
Blake, junior, Thomas Blount, Adam Boyd, Jahn
Boyle, Robert Brown, William Butter, Joseph Cal-
houn, George W. Campbell, Matthew Clay, John
Clapton, Richard Cutts, Joaiah Dosna, Joseph Deaba,
John W. Eppes, William Findlej, James Fiak, Ma-
shack Franklin, Barant Gsrdenier, Jamea M. Garnett,
Thomas Ghalson, junior, Isaiah L. Green, John Heis-
ter, James Holland, Dsvid Holmes, Benjamin Howard,
Reuben Humphrey^ Daniel-Ilstey, John G. Jackson,
Richard M. Johnson, Walter Jones, Thomas Kenan,
William Kirkpatrick, J aim Lambert, Nathaniel Macon,
Robert Marion, Josiah Masters, Daniel Man tgomery,
junior, John Montgomery. Nicholas R. Mooii, Thomas
Moore. Jeremiali Morrow, Gurdan S. Mumfwd, Ri^ei
Nelson, Thomas Nowl>old, Thomas Newton, Wilson

C. Nicholaa, John Poller, John Rea of Peuruylvania,
John Rhea of Tennessee, Jacob Richaida, Matthias
Richards, Ebenezer Seaver, Samuel Shaw, John Smi-
lie.Jadedish K. Sraith, Samuel Smith, Henry Bouih-
ard, Clement Storer, Joseph Story, John Taylor, Geo.
M. Troup, James L Van Alen, Phihp Van Cortlandt,
Daniel C. Verplanck, Jesse Wharton, Robert White-
hill. Isaac Wiiboui, David R. Williams, Alexander
Wilson, Nathan Wilson, and Richard Winn.

The former question again having been stated
by the Speaker, Mr. STUBaaa rose and addressed
the Chait, as follows :

.yGoogIc

mSTOKY OF CONGRESS.

Jamuabt, 1809.

Enforcing the Embargo.

H.opR.

Mr. Speaker, I hope and trust il will Dever
be recorded upon [he Journals of ihis House Ibat
permissioD is granted lo read tbis bill a ihiid
time. £ir, if tbis bill shall pass iaio a law, your
coasting trade will (hereby be rendered worthless.
If the powers and authorities proposed by this
bill to be rested in the Preaidenl of the Uaited
States and tbe collectors, shall be Tested in them,
your coasting trade will not only be rendered
worthless, but will, io all probibility, be entirely
destroyed. If Ihis bill sbaU pa^s your CoQitilu-
tion will thereby be violated. If it shall go into
operation, accordiug to its letter and spirit, the
Civil liberties of this people will be prostrated;
the ehaios of slavery will be rivetted upon them,
so far as the enacting of bills, and an allempt to
execute those of auch a character, can produce
those effects.

At this late hour, I shall not detain the House
by reading to (heu, at large, the very objectiona-
ble sections of this bill. I shall endeavor, faith-
fully, to present a correct tumraary of Ihera, so
far as it is necessary for the argumetit I propose
to ofier; and if I am incorrect. I hope gentlemen
vill point out to me my mistakes or omissions.

I say, sir, the second, third, and fourth sections
of Ihis bill, will not only render the coastitig
trade not worth pursuing, out will totally aonihi-
late it. What is the purport of them? The sec-
ond and fourth sections provide, that no specie or
goods, wares, or merchandise, either of doraeslic
or foreign growth, produce, or manufacture, shall
be put on Doard any ship, vessel, or boat of any
description whatever, except bypermissionof the
collector, and under the inspection of the proper
revenue officer; nor then, unless a hood has been
given by tbe owner, &c., lo the amount of six
limes the value of the vessel and cargo; nor
then, in case tbe collector shall thick there is aQ
intention to evade the embargo laws, except on
board of vessels employed in bays, rivers, sounds,
or tabes ; nor in vessels of the latter description,
unless a general permission is granted to them by
virtue of directions and instructions from the
President i nor then, if the collector shall ^suppose
there is danger of evading said laws; nor then,
unless B bond has been given by the owner, &c.,
to the amount of three hundred dollars for each
ton of the vessel. So that, these two sections
put it ID the power of the President and collect-
ors to stop this trade entirely. Indeed, in tbe
last resort, it vests this power solely in the col-
lectors; for finally, they are, at their discretion,
to say and determine, as respects both description
of coasters, whether there is an intention of evad-
ing these laws. But the third section may, in
■ome of our large seaports, be still more opptes-
live. This section provides, that the owner, dtc.,
of any ship, vessel, &.C., as described in the sec-
ond section, which may, at tbe time when notice
of this act shall be received, &c., he laden in
whole or in part, shall, on notice given by the
collector, either discharge such cargo within ten
days, or give bond for toe discharge of Ehe same
within three days, on peaalty of forfeiting tbe ves-
sel and cargo ; and tue collectors may order the

discharge of such vessels; for the same caDse^
they may refuse permission to load as meoiioned
in tbe preceding section. Sir, I am credibly in-
formed, there are some instances now in New
York where rich and valuable cargoes are de-
posited in vessels lying in that port for safe-keep-
ing, instead of putting them into warehouses, and
that such cargoes and vessels are worth $250,000,
If, according to tbe refjuirement of this section,
the eotleclor shall order such cargoes to be re-
landed, the bond which must be given will amount
to a million and a half of dollars. No merchant
can procure a bond to such an amount, or if be
could, no man will ask bis neighbors to lend his
name as surety for such a sum. A common
coaster of ninety tons, employed only in bays,
rivers, dDC, will be obliged lo procure bonds to
the amount of $37,000. Sir, these requisitions
will be intolerably oppressive upon ihe merchant.
If you really mean lo destroy tbe coasting iradc^
do it directly— say it explicitly— do not ilect, in
this disguised manner, what you know that you
cannot consistently with the Constiiution. Sir,
you cannot, without a violation of the Coostitn-
lional rights of (he people, prevent them from
carrying their property from one to another part
of Ihe same State, or from one Slate to another
State, by water, any more than you can by land.
But, Mr. Speaker, I do consider these oppressive
encroachments upon the richts of property as of
minor consideration; as notning, compared with
the provisions of some other sections of this bill.
I refer lo the ninth, tenth, and eleventh. By these
the collector shall, under such insiructionH and
regulations of the President as be shall receive,
with the aid of military force, seize any specie,
produce, &rC., when he has reason to believe that
they are intended for exportation, or they are in
any manner apparently on their way towards the
territories of a foreign nation, or Ihe vicinity
thereof; and the collectors are also empowered to
hold and detain them, by the same military force,
until bonds shall be given to land o( deliver them
where the collectors shall direct, at any place
from " whence" there is no danger, in the opinion
of tbe collector, of their being exported. There
is HO limitatioUrsir, to tbe most wanton exercise
or abuse of his discretion. He may, with mili-
tary force, slop any waeou, carl, sleigh, or any
other carriage, apparently on Ibeir way to a for-
eign country, or the vicinity thereof. And, how-
ever wanton, abusive, or tortuous, may be bis
conduct in tbe exercise of this discretion, if a suit
be brought against him, acting in pursuance of
bis instructions, be may plead the general issue,
and give this act and said instructions in evidence,
as his jusiifieatinn and defence. And tbe only
remedy or relief tbe person aggrieved has, is to
petilion the district judge, who is to hear and
adjudge the case summarily, and who may order
a restoration of the property upon certain condi-
tions, or if he decrees Bsainst^ihe petitioner, the
collector shall be entitled to treble costs. Sir, in
my apprehension, a more hideous exhibition of
militiiry despoiism was never witnessed in any
country, than will be If these provisions shall ba

.yGoogIc

HISTORY OF CONOKESS.

Enforcing lAe Embargo.

Jahuart, 1909.

earned ioto operation. The militnry power in
■Tray against meciril — in oppajition to the usual
remedjr provided for the injarcd eiiizen. The
collector is bound lo act under »uch iaairucliona
U he shall receive from the President. Are these
inslruclion* to be public or private? There is
DothinB in ihe bill wbich determines ibis quea-
tioD. It is presumable, at heretofore, ihev are to
be privais ; in his pocket, known an\j to himself.
Let me pot the question to genilemeD. What
mar be the consequence 1 A collector comes
iriln or without his mililary force, he shows no
warrsQl, no instruotions; he attempts to seize the
property of a citizen ; the citizen knows not whe-
ther the collector acts b^ viitue of authority; the
man whose property is thui attempted to be
teized, defends; where ii the law wbich would
condemn him for any unhappy coaserjuenees
which Riight ensue for his eiercising the rights
of a freeman, being ignorant whether the collec-
tor has such an authority or not 7

By the ninih section, the collector is not to per-
mit articles, which he shall seize, to be removed
DDtil bond with soRicient security shall be given
for the landing or delivery of the same in some
place in the States, whence, in the opinion of the
eolieclor, there shall be no danger of their being
exported. By this section an owner of properly
may he obliged to remove his property fifty miles,
or any olber distance, as the collector shall direct,
from a seaport into the interior. A person who
has, for instance, a thousaod bushels of wheat or
aalt lying in New York, may be obliged to re-
move them to Albany.

For all these acts of the collector, however
wanton and veiaiioos, 1 have naid the collector
is to be completely justified. The tenth section
jn-ovidei that, if the collector is sued, be may
plead the general iw-iie, and give this act and in-
alructions, Ac., of the President, in evidence for
his justification and defence. When [ first read
this clause^ alihoiigh this phraseology is peculiar
to this bill, 1 was inclined to believe It meant
nothing more than la save the collector the neces-
aity of pleading specially. BMt, sir, the provision
that the aggrieved complaining party may peti-
tion the district judge, convinces me that the fair
construction of it is, that the plaintiff is not, under
any circomstances, however aggravated, to lake
anything by his snit. This opinion is confirmed
br adverting to the letter uf the Secretary of the
Treasury to the chairman of the committee of
the Senate, which letter was the foundation of
this bill. The Secretary says "rezaiious suits
'are brought against collectors, which not only
'perplex faithful officer!>, but have the effect of

* intimtdatiag others, and prevent energetic per-
'formances of their duties. The only provisions

* which have occurred to me on that subject are
' to enable the collectors who may be sued, always
■ to remove the cause before a court of the United
' Stales," &c. The fact then, i^ the citizen is to
be deprived of his remedy before a court and
jury of his State again:<t a collector, however
wantonly he may abuse his authority. Sir, these
InsinictioDt from the President, which are to

avail the collector*, eneniially amount to a power
in the President to disjieiise with the laws and
the regular administrmtion of justice in the re-
spective Stales. You cannot, without a vblatioo
of the Constitution of the United States, deprive
the citizen of his remedy before a court and jary
of his State against a collector or any other offi-
cer of the United States, any more than you can
against any other private citizen. If he brings
his action of trespass or trover against a collec-
tor, the defendant must be answerable in Damages,
unless he can show probable cause. It wit! be
the right and duty or the State courts to disre-
gard tTiis provision of your bill. Even in Bng-
fand, sir, fwhose Qovernment gentlemen are so
mucD in tiic habit of execrating^ the principle i*
the same. For several centuries no such dis-
pensing power has been recognised to be vested
in the King. There, al&o, a revenue officer is aa
much liable lo a person aggrieved as any private
tnfan, unleas he can show probable cause far the

Sir, these seizures in carls, wagons, sJeigha, or
any other carriage, without warrant and withont
being obliged to show probable cause, and with-
out oath or affirmation, are expressly contrary to
the fourth article of the amendments to the Coo-
siitntLOQ, which says; "The right of the people
' to be secure in their persons, houses, papers, and
' effects, dgaivst anreasonable searches and sei-
' zures, shall not be violated; and no warrant shall
'issue, but upon probable eaase, supported by
' oath or affirmation, and particularly aescribing
' the place to be searched and the persons or things
' to be seized." Again^ sir, this bil) will be un-
conitilntiooal. In that it authorizes the employ-
ment of the militia and other military force, bf
the President and his subordinate agents, before
any insurrection or opposition to law has taken
place. It is inconsistent with the principles of this
Oovcrnment to attempt, in the ntst instance, to
execute taws, except through the mild medium of
the civil power.

The first article, eighth section, and foarteenttt
paragraph of the Constitution of the United
Statesj provides, that " Congress may provide by
' law for callinK forth the militia to execute the
' laws of the Union, snppress insurrections, knd
' repel iiivasions." In conformity to the meaning
and spirit of ibis provision, it is enacted fay a law
of the United Slates, passed the 28th February,
1795, that wherever an opposition to your law*
cannot be suppressed by tne ordinary course of
justice, or by the powers vested in the marshals
by that act, then, and then only, ihr President
may call forth the militia for that purpose.

Mr. Speaker. I am bold lo say, this bill eaaoot
be executed. 1 pray I may not be misunderstood
in this remark. Do 1 mean, sir, that there will
be insurreetionsf No, sir, I trust and hope not.
Sir, I shall conceive it my duty to be one of th«
first to discotinlenance and discourage them. The
opposition to this bill will be peaceable, and, fW>m
its being peaceable, it will be irresistible. The
public opinion will be against it, and you cannot
exeeaie a ilaluie in a free country where the pub-

.yGoogIc

1001

BISTORT OP CONGRESS.

1002

Janvabt, 1809.

Ei^ordng the Embargo.

lie opinion i) agaioBi it. It hii been often iaid,
that this ia a atroiig QoTerDmeot. I hope, air,
there is *uffieieDt slrengih io tbi« GoverDinent to
carry into eiccutioD all Coastituiional laws. But,
sir, npoD what doe* the strength of this Qovera-
meat depend ? It comiits in tiie good opinion,
the atUchmeat, and afiectioDa of the people ; and
note, sir, what 1 sbjt, it will be a delicate cxperi-
loenl to try its strength id any other way.

I ohalleoge a juslifieatiaa of the principles of
ibis bill from its friends. There is notking simi-
lar in your revenue laws, which the houorable
genlleman from Virginia (Mr.EppHs) read to-
day. I have DOt iud time since to look at rhem,
but my boDotable colleague (Mr. Dana) has sat-
bfuciorily, to my mind, answered the observa-
tions of that geotlemao. Sir, I shall detain the
Home DO lon^r. I do hope and trust that there
is sufficient virtue and palriotisni to prevent the
passage of this bill. If I should be disappointed,
and it should go iota operation, according to mv
appreheusioDs^it will be id vain hereafter to talk
of civil liberty.

Mr. Si.o«». — Mr. Speaker, I Iroat my uniform
conduct, since I have been a member of this
House, will eiooerate me from the charge of tak-
ing up lime unnecessarily, for the purpose of
makine long speeches. No,Mr. Speaker; I have
heretoiore been, and sliLI am. governed by a sense
of duty, and nothing short of an imperious sense
of duty could induce me to rise at liiis late hour
to express, in a few words, my abhorrence of the
principle of the bill under consideralioD, which it
IS evident a majority of this Houie are determin-
ed to pass before Ihey adjourn. So imperious is
my preseat sense of duty, that not even tne charge
of being "an old tory,"— a refugee— a British
affenl — or under " the inflnence of British goKt."
[alluding to a declaration of Mr. Smilib's, that
tbeopposers of the embargo laws were compos-
ed of such characters,] can deter me from oppos-
ing this bill, which I consider as aiming a deadly
blow at tbe liberty of my country, and the inhe-
rent and inalienable rights of my fellow-citizens,
which I am detenained to support, not only on
Ibis floor, but in all places, even to my latest
breath. Before I proceed fiviher, I think it my
duty to say that I trust there are not two mem-
bers within these walls capable of such language,
or making so indiscriminate or unjust a charge
as the one before mentioned, but that, with a sin-
gle exception,! consider myself surrounded by
gentlemen 1

Mr. Speaker, the fevf days' delay in catling up
this bill produced in inymiod a comfortable hope
that its advocates would have permitted it to per-
i^ in its embryon state, from a conviction that
it is not only amphibious, but must, if brotight to
life and raised to maturity, be a monarel, unnat-
ural moDster, boasting itself of being the ofidpiiog
of liberty, whereas its-naluteand effect is entirely
despotic and tyrannical. I cannot belter express
my detesiailoQ of the bill under eonsideraiion
than by citing the language of a member in the
minority, (Mr. LivinasTon,) when, under a for-
mer AdmiDialraiion, the alien law was passed — ,

of an accused person 1 ,
battle, practised formerly by those nstians whicb
we term tyrannical and barbarauii,comparedwitb
that law, was humane and just. Mr. Speaker,
that law, compared with the present bill under
consideration, was, in my opinioii, humane and
just ; and, iu ils probable effects upon the people
of the United States, not more id comparison
than a drop to the ocean. That law the Presi-
dent was under no obligation to execute; nor
have I ever heard of ils being executed in a sin-
gle instance. This bill, if passed into a law, and
the embargo is continued, I conceive the Presi-
dent will consider it his duly loenforce, in which
case, our boasted civil liberty will be at an end.
and a military despoiispi be raised upon its ruins!

I am grieved to see a deiermioation io a ma-
jority of this House, instead of relieving the dis-
tress and sufferings of the people, to pass a law
to silence their complaints with sharp pointed •
bayonets, and these under the direction of even a
deputy collector, to whom a latitude as Wide >■
his own opinion is given. .

The iniioduciion of this bill, and the dreadful
apprehension of its being passed into a law, and
rigorously enjoined, has brought me,by anticipa-
tion, into a stale similar to one in days of old,
(Jeremiah) who, when mourning for the deplor-
able situation tp which the folly of his people had
reduced themselves, sought for some case siipilar,
whereby he might comfort Ihem. For a cato
similar to the present, in modern history, I hare
sought in Tsio ; howbeit, iu ancient history, 10th
chapter of the 2d book of Chronicles, [ 6nd a
ease so perfectly applicable, as^ io my opinion, to
merit the serious atiention of this House. There
we find record^ that the children of Israel, con-
ceiving themselves aggrieved by the heavy bur-
dens laid on them by Solomon in his laiter days,
applied to his son to ease them, io which case
they would serve him. This bis old experienced
counsellors advised bim to do ; but those who were
young and inexperienced advised him to answer
ibem roughly, whose counsel he fallowed, retotn-
ing for auswer, that his little finger should be
thicker than his father's loins { and whereas his
father bad chastised them with whips, he would
chastise them with scorpions. Last session we
passed lawi which have become too grievous for
tbe people to bear ; they bare petitioned, and are
anxiously looking to ihis session to remove that
grievous burden; but, instead thereof, the bill
fibout to be passed conlemplaiec laying il heavier
on. The application is too plain to need anf
elocidatlon, further ihau to remind the adrocate«
of this bill that like causes over have, aod coo£c-
qnenily ever will, produce like effecls!

Mr. LivEBUORE said: Mr, Speaker, it i* with
extreme reluctance that I rise to make any obser-
vations at this late, oi rather early hour, [two
o'clock, a. m.] and it is at all times a most m-
pleasBDt uaderiakiog to make an address to tboM
who appear to have prejudged the caose. Bat
such ia the importafice of the occasion, and tuch
the extraor dinar y nature of tbe bill about to W

.yGoogIc

mSTOET OF CONGRESS.

Ettforcing Ike Embargo.

JAnotBT,1809.

psued, thit 1 am noi at liberty to sit itill. It is
my iodiipensable iluty lo expose ili rnoTDiiiiei,
and Home of [befalal conmjueDces whicli muat
nsuli lo OUT couQiry, should it become a law.
As I wish not unnecessarily to detain (be House,
and am desirous of a patient and candid heariog,
I shall eadesTor to coDdeuae my argument, and
eoDsume as little time a* the oattire of the case
will admit.

It is a duly I owe to mj eonstitiMDts, to the
part of the cuuniiy I repreaeut, to the Cooftiin-
lioD, and civil liberty, to oppose the passage of
this bill, and declare its euormilies.

I do not pretend to possess more patriotism, or
a greater love for my country than other gentle-
men; btit at least I think I may safety contend
to hare as much as iboie gentlemen who have'
declared that this bill contains no despotic or un-
constiluiioDa) principles ; nor contained such, as it
came from ibeBcDBie, and before it wae amended.
> Qeotlemen have seemed alarmed at perceiTiog
the despotic principles contained in this bill op-
posed Irom tbe quarter whence the opposition
came. Upon atiothei occaaiou, an honorable geo-
tleman declared it was "a miracle," and thai "be
was almost persuaded to become a ChrintiaD."

But it is not by declantioni like these, nor br
angry inrectires against any men, that we wish
or expect to prevail, but by cool and dispassion-
ate argument, addressed to the reason and under'
atandings of gentlemen, and by poiniitig out the
«rils attendant upon measures, that we expect to
areit them.

I agree that it is high time the people of the
United Stales expliciiTy knevr what is to be their
fate, and what they are to expect from Congress
at iheir present seuion. Is the embargo to he
continued'? Is the Chinese, or Terrapin system,
as it is called, to be enforced? And is commerce
to be destroyed and wholly given apt The hill
now under consideration, if it passes into a law,
will establish the fact beyond all controversy. It
is so effeclual in its provisions, every avenue is so
completely guarded, that if it can be obeyed and
carried into effect m the manner contemplated,
no man can ever leave the United States and re-
lara into it again with any degree of safety, and
we should be in a short tim^, as to the rest of (he
world, completely isolated. Even the domestic
commerce of the United States is laid under such
reslrainls and embarrassments, is i6 much depend-
ent on the will of a dictator, or those whom he
may appoint to distribute his favors, that none but
favorites can, with an^ degree of convenience,
continue in tis prosecution.

In order that this system may be established
and enforced beyond all possibility of evasion,
the most arbitrary, despotic powers, are confided
to the dictator, that can well be given, except as
to corporal punishment. Private rights aic to be
disregarded, private properly invaded, the Con-
atitution is lo be prostrated, and liberty annihi-
lated! These are very serious considerations, and
lead to a variety of inquiries. Let us aoalyze
this bill, and nndersiand its true import and sig-
BiGcation ; and then consider whether we ate pre-

pared to pass it; whether we are ready to sacrifice
all we bold dear in society to gratify a vain de-
sire of obtaining an object, in which we have no
rational prospect of suecessi and from which,
after anoiher twelvemonth's labor and sufferiogo,
we shall be as distant as when we besan.

Upon eiaminiog the first section of this bill, it
will he found that no property whatever can be
transported out of tbeUniied Slates, either by sea
or land, of the most trifling value, without sub-
ieciing the owner to heavy penaliiei. The cloth-
ing in his trunk or portmanteau, or the money in
his purse, to defray bis expenses, would subject
him to prosecution. Even tbe intention is made
criminal, and a man is liable to suffer for an in-
choate act. This system puts an end to all for-
eign oommeree, or at least suspends it for ao un-
limited time, which amounts to the same thing.
For. if nothing can be carried out, it follows that
nothing can be brought in ; as we cannot ration-
ally suppose that foreigners will bring us their
produce gratis. Here Tel us pauae, and inqnire
whether Congress have the authority to act thus.
The physical power they may have, but the legit-
imate right is of a very dinerent nature. As I
cannot find the power delegated by the Coosii-
tution, 1 ara disposed to deny the authority. It is
a fundamental axiom of the Ctavemmeat of our
country, that all power is-derivative, and alone
proceeds nam tue people, and what ibey have not
given, either expressly or by necessary imjplica-
tion. as expressive of their will and intention, ii
retained by them. This principle is expressly
repoffnised and established by the ninth and lenta
articles of the amendments of the Cnnstitntion.

I was proceeding last evening ^when I was in-
terrupted for want of a quotum) in an argument
against tbe authority contended for, and will not
now detain Che House by a repetition of what I
then advanced. [Mr. L.'s argument upon that oc-
casion is here inserted.] It has already been stated
byanhonOTsblemember,thaltheoriginorthe Fed-
eral Constitution was commerce,Dur relation* with
foreign nations, or the rights of making war and
peace, and treaties, and Xhe debit of the United
States, and revenue) it might be added, the rela-
tion of each Slate with the oltiers. And the Gov-
ernment was accordingly made, or intended to be.
a federative government, and not a consolidated
one, by vesting all legislative powers in the gov-
ernment of the Union. There is not a line or
sentence in the Constimtioo of the United Slates,
which manifests an intention of giving any other
powers than those necessary for effectuatiog the
objects I have mentioned.

The letter of the 17ih September, 1787, signed
by Qeneral WiamnaTOH, as President of the
Convention, isundenlabje proof of thii fact. He
says: "The friends of our country have long seen
' and desired that the power of making war, and
' peace, and treaties; that of levying money and
' regulating commerce, and correspondent execu-
' tive and judicial authorities should be fully and
' efiectuslly vested in the General GovernmcDt of
' the Union"— and tbe Federal Constiiuiion was
made in conformity to tbeee principles. Tbe

.yGoogIc

1005

HISTORY OF CONGRESS.

Jakdart, 1S09.

Ertfordng the Embargo.

H. OF R.

eigblh wctioD of (hit iDStrumeiit deiigoates the
powers of Copgttts, and the iKirii article gives
them an authority "to regulate commerce wiih
foreign nations, and amoog tbe several Slates,
aitd with the lodiaa tribes." .The iieveDteeQih
article of the ssme seciioti gives the power of
makiag Ikws Deecssary aod proper for carryiof!;
into ezecutkoD ihis power, aod the other powers
given in that section, and other powen vested in
the Goveroment of the United States. These,
are ^11 tbe poweis vested in Congress by the CoD'
adtmion relative to commerce.

From readiog (he Coattitution, and atteotivelv
eoQsidering the articles to which 1 have referrea,
□o man can possibly conceive that the people,
irhen delegating the power to Coozress of regu-
lating commerce wiin foreizn nations, cOatem'
plated a state of things in wElch Congress would
andertake to prohibit commerce allogeiher. W<
therefore cannot ralionally expect to Snd an ex-
press negative upoo this head ; but the fifth arti-
cle isstroagljr an implied negative to the princi-
ple ; it reads thus : " No duly shall be laid upon
articles exported from aoy State." CongreEs,
therefore] have not the power of laying a duty of
one ceal upon articles exported, yet, by ibis bill, a
right is assumed of prohibitiog the eiportaiioo
altogether. Congress cannot lay a duty of one
eaal per bale upon coiion exported, but it is con-
tended that Congress can probihii (he exporta-
tion of cotton. This appearB to be a very unfair
way of depriving people of their rights. It is a
met&od of reasoning neither just nor conclusive.
" There is," says Lord Baooa, " no torture more
■Qtolerable than the torture of law&" — and so to
torture them ai to make the people express a grant
of power which ihey never int'eoderf. is palpably
uojnst. As it cannot be contended that the peo-
ple, in adopting the Constitution, contemplated
vesting in Congress the right of prohibiting for-
eign commerce, or the exportation of articleii both
by sea and land, inasmuch as it would be the,
right of destroying the very objects of their asso-
ciation, and of the particular rights aad interests
of those associated, and as it it expressly laid
down that the powers doe given are reserved;
ihe inquiry is, by what rule can Congress assume
the rightl The rule iQUsI be tkis, that iL is
thought eipedieat because of ih» expectation of
benencial results. It is conjectured that the
United States may be greatly benefited, and ibai
by these measures we may acquire or obtain sitt-
isfection for injuries we have sustained, and, seeu-
riif for rights of which we are deprived. But
the argument of expediency, when we are in-
quiring into Constitutional powers, is wholly in-
admissible; for, to admit this argument for one
moment, there would be an (nd of delegation of
power or derivative authority, an end to wriiien
constitutions and limitation of Government; it
would at once be resolved into expediency, discre-
tion, and will. For tbe same power which to-day
can say, yon shall not export articles, because yre
wish to deprive certain uacioq^ of the beoefit of
receiving them, may lay to-morrow, yon shall
not grow tobacco, cotton^ or wheat — you shall not

catch fish, lest the articles may fall into the hands
of those we wiiih to coerce; by the same jule
which you say that we shall not sail ^hips, you
may say, we ihall not build ihein.

By ilic same rule which you say, we shall not
export our produce to countries in amity or at
war with us, ycu may say we shall not raise thft
produce. Or manufacture the articles we wish to
export, or even raise or manufacture articles for
the sustenance of ourselves and families^ and,
with lite propriety, miehi the rule be extended
to every iransHciioa of Human life.

If you can adopt the rule of expediency for
your guide, you have passed the Rubicon, and,
like Caisar, assumed the disposal of the libetiiea

try.

jere appears to be no more propriety ia
Lding for this power, than there would be
under the eighth article of this section, that Con-
gress have a right to prohibit authors and invent-
ors of science aad useiul arts from exercisiog (heir
faculties, on tbe grouod that they have the power
of securing to tHam ihe right of their writiug'
aod discourses; or, under the fifteenth article,
which gives the authority for regulating the mili-
tia, they should undertBEe to aooliih tae militia
of each Stale. U may be observed here, (hat rha
same ruk applies to the commerce between tbe
Slates, and if Congress have the authority to de-
stroy foreign commerce, they have the right of
preventing its being pursuetf between the differ-
ent States. The idea that the people would in-
tentionally delegate (bis power to Congress, ia
contrary lo every principle of reaaon, and tnat
they have done so without knowing il, is con-
trary to every principle of volition ; and to con-
strue their grant to mean wbal they never in-
tended, is contrary (o every principle of faoneslr
and justice. The Constitution is in the place of
divine command, and we have no power to en-
large, or circumscribe it in ihe least particle,
though we mi|j;ht entertain the most serious opin-
ion that iafinlie benefits might redound to oui
constitueoth had we but the power of doing them
all the good our benevolence might dictate.

If further evidence is necessary of tbe power
ii)tended by (lie peopla lo be delegated, aod tbe
old law maxim at" what does not appear does not
xist," is insufficient, we may with propriety coo-
idet. what could nave been the opinion of the
Mople of difiercnl Slates in the Union, as result-
ing from their peculiar oircurostancea and local
at the time of adopdog the Conttilu-
loo a former occasion 1 took a view of
tbe beneiis arising from commerce — that all our
pleasures aod conveniences, as well as power and
h£s, were in a great measure derived from
commerce. Aod that, both in sickneM and bealtji,
we felt ihe benign influence of her bounty. That
ill countries and climales, earth and seas, ihiaga
animate and ioaaimate, vegetable and fossil, are
made subservient to man ihtough tbe means of
commerce.

only our bodily enjoyments are dependent
commerce, bul our menial improvements
The philosopher in bis ctooet, (he farmer

.yGoogIc

HISTORY OF CONGRESS,

1008

Enfordng tht Embargo.

Jancabt, 1609.

or pUoter upon hit estate, the herdsman a

chnc

, the 1

derive iheir advantages from the same source.
are alike benefited with (he merchant in
coun ting-house. The sciences are cultiraied, the
mind is enlarged and improved, the roannera
loftened and polished, and tnan, from a rude,
eomforlahle, utienli^hlened stiimal, becomes a
cultivated, sccial and useful being, acquiritig and
receiving happiness himself, and communiealing
it to others. By commetee, a couDtry grows rich
and powerful ; and. without it, would remain in-
digent and weak, and even become so, in a short
period, b^ altogether divesting itself of it, though
ever so rich at the coram en cemeol.

History afibrda us the most striking illustralitnis
of there positions ; of countries whose Govern-
ment might be said to balance the world, and
whose importance grew out of commerce, and
was lost bf its decline. But let us turn our at ten;
lion to objects with which we are more immedi-
ately convenient. I mean the affairs of our own
nalion. What was the situation of the people of
this country in 17B7 1 A poor, defenceless, bank-
TUpt, and impotent people, without the ability to
discharge our public or private debts, and scarcely
possessing strength enough to support a war with
either the Algerinesor Indians, But, by adopting
our present happy Constitution, (for it baa liitli-
erto afforded us the means of obtaiDing happi-
ness,) and by pursuing an advantageous com-
merce, under the auspices of a Government of
Inen who well considered its ineslimable advan-
tages, we, in the short period of twenty years,
have arisen le an astonishing degree of wealth,
BBd, if it had been so directed, correapondent

Acknowledged to be the second commercial
nation in the world, and with most unbounded
prospects of failure wealth and happiness — wbai
a sintnge reverse does the prospect of our a&irs
DOW present? Like a man inebriated tfrith suc-
cess, a check in his eareer drives him to commit
suicide. The sages who formed the Constitution,
and the people who adopted il, (at least a part of
them,} well understood ibii subject, and have so
expressed their sentiments,

it is, therefore, moralljr certain, (hat they did
Dot contemplate a situation' of affaini in which
Congress would deliberate upon the necessity of
destroying that commerce which was a principal
eause of their association to regulate, and from
which they expected to derive the means of re-
lieving themselves from their embarrassments,
BDd, as the event has shown, they did not miscal-
culate, ir therefore, ihey did not think of it, it
certainly follows, that they did not intend to in-
Test Congress with the power, and consequently
bavv not given it to them, and the most favora-
ble point of view fn which the subject can be
placed by the gentlemen who contend for the
-principle, is, that it is a case omitted, and was
not thought of, and this is sufficient to support my
irirument.

It has been said that the embar^ is not to be
perpetual; ibat we do not intend it shall be so.

I know not what it a perpetual lew, if tbe cin-
bargo laws are not- Their d oration dependaiipon
no event ; neither is any period limited for tbair
expiration. They are perpetual as to oar power,
end that should be our only consideration, in ihia
respect, in passing a law. The questios should
be, is this act such as we wish parpetaal ? If it
is not, we betray the trust reposed in ih by the
Consiiiuiion, in making it so beyond the power
of our control. It is not for ua to say that the
law may be repealed if the 8enat« aod Pmident
consent. The Constitution has made the differ-
ent branches of the Legislature checks upon each
otheTi and we are destroying these Con siita (tonal
checks by placing one branch at the merey of the
other : and -it would be a poor apology to say, w«
had a confidence is the other branchj having once

Saried with our power over the sobject,it is gone
■om us forever; every law ia perpetual wlioic
limitation is not in some way expressed in tbe
act.

I shall be told that there has been a judicial
decision in favor of the constitutionality of the
law ; that a disitiot judge, after lolemn argmneDi,
has judicially given 'an opmion, I respect the
gentleman who gives the opinion, but I by no
means subscribe to the correctness of the njHDion
given. Perhaps in his situation, aa an adniraltr
judge of inferior jurisdiction, it was the correct
course 10 execute the hw, and leaFe it to the
highest tribunal to decide upon the iroporiant
question of its constitutionality, and il might have
been ei well if he had gone no further. Bat, in
my aitnation, I take stilt higher ground ; and al-
Ihongh a decision of the Supreme Cotirt would
be a sufficient rule as a oitizeo for me to r^glaie
my condnct as to tbe force and efilect of (he law,
yet, as a legislator^ I must judge for myself wbe-
ther the Constiimion has given me the power to
act or legislate upon the subject. I altogether
condemn that sophistical way of reasoning by
which a man derives power to himael^ or pre-
tends to derive it, by elleglog it is the appendage
of power specially granted, or arises by implica-
tion fVom those aranted ; -because he canvineea
himself by a fanciful argument it would be better
for the people if it were ao, when, at the same
time, it appears that the grantor could not have
had the case in view, but rather a case directly
the contrary. If it would be frandulmt an to
construe the power of attorney of an indiridoal,
what mast be the case of the substitutes of ibe
people in misconstruing the instrument of their
atithorily, when tbe dearest rights of tbeir coniti-
tuents are implicated? I feel no besilatioD in
saying, that hadtbis thing been contemplated by
tbe people, or the system that is now endeavoring
(o be established, there never would have been a
union of the Slates by civil compact ; and { am
compelled to say, I dread the coueqaeacea of a
ooolinuation of this pernieiooa system.

But it has been endeavored to maintain the
doctrine upon ibe principle that Congreis hare
the power of making war and peace. It is pn-
earned that a discreet use will be made of this
power, and when we are at war wilb any natioo,

.yGoogIc

1009

HISTORY OF CONORHSS.

Jandait, 1809.

Eftforcingthe Embargo.

H. orR.

loorse, with ibal nation vill cease,
or b« inierdicted during tbe conlinuance of the
war; anil CaagreM msy interdict commeree with
a particalai nation, trn't^b >» a ipecies of war.
But preventing the citizens from exporting their
produce 10 nations in aroiir. was never contem-
plaied. It is toially a different cBse,- Bui, the
questtOQ hss been a^^ked, ha.i not Congress the
right 10 declare war againat all ibe world 1 And
this U the amount of the present bill. Out nation
is to becotna like the Isbmaeliles of olii — "our
hand against every roan,' and every man's hand
against us." So absurd a thing was nerer con-
templated by tbe franiers of the Constitution.

It rs so eitnenie a case that it is ridiculous to
ask tbe question, and to is the absurdity of the
idea of our carrying on war with two nations at
the same time, who are waging the-roosIdesiruc<
lire war against each otber. Would there not
be danger, or cause to apprehend that they might
ceasa their strife for a while, and turn their de-
structive arms again^^t our defenceless coast, anil
■nake us severely pay forour folly and temerity T

While I am upon thia subject, I cannot help
expressing my diMBtisfactioD upon the informa-
lioo given us by the documents communicated
b^ the President, relative to the offer which was
said lo'hare been made to the British Govern-
menl, to raise tbe embargo as to them, provided
they would revoke the orders of the 7th of Jan-
uary, and llih of November, as 10 us. Itseems
rery strange that the British Oovcrnment should
not agree to a projposiiion of Ibis tiaiure, and so
reasonable in itself — for, this must have been the
necessary consequence of such an agreement,
eitbpr that France must instantly have revoked
her blockading decrees against England, or we
must have had a war with France. To suppose.
therefore, that EtigJBnd itiA not wish our friend-
ship to them, and hostility to their enemies, is
next to impoEsible with me, and, of itself, leads to
a doubt of the reality.

But, upon a fair examination, the authority
given to Mr. Pinkney does not appear to bead-
equate to maiUDg the sgreemeni, and thai be
eoold not have done to, except he should also
assume authority by implication. In Mr. Madi-
■on'B letter to Mr. Pinkney, of the 30lh of April
last, he is told that, -'should the British Oovern-
* menl take this course, he may aotborize an ex-
■ pectBtion that tbe President will, within a rea-
' sonable time, give effect to the stithority vested
' in him on the subject of the embargo laws."

Hr. Pinkney, ia hit letter to Mr. Madison of
the 4tb of Angust, saya, " that in an interview of
' tbe 89ih of June, (that is, with Mr. Canning,)
' he 1000 found it necessary to throw otrt aa inti-
' raatioD, that the powers vested in the President
' by Congress, to suspend the. embargo act and its
'supplements, would be exercised as it regarded
' Qreat Britain, if their orders were repeated as
' regarded us." Mr. Pinkney, as an honest man,
must have communicHted what his powers were,
and that be waa not instructed absolutely tn make
tliii agreement. Mr. Pinkney in his Letter to Mr.
CaDiui>g,.of the 83d of Angoat, my, "ihtt hf

bad the boBor of stating that it was the inlen-
tton of the President, in case Qreat Britaia re-
pealed her orders, &.c., to suspend the embarso,
and was authorized to give this assurance in tne
most formal manner." We have already noticed
what the authority was. For my own pan, I can-
not conceive the necessity of proceeding in this
inBoimportantaconcero;aDd why authority
was not given, in the first instance, to make a di-
rect and positive offer, and demand a categorical
answer, whether the Government would agree to
the proposal, I am. at a loss to conjecture. It *
IS as if we could not have the whole of the
^spondeitce before us, andias if something had
been kept back. To me the affair is ineiplicitble.
' must, therefore, leave it to gentlemen who bet-
r comprehend it, anil proceed to the further ex-
nioalion of the subject before us.
It has been said that every principle in this bill
has heretofore been enacted by Congress, and that
irecedents may be shown to this effect. In all
oubtfut questions, precedents are entitled lo con-
sideration, but then we ought to be certain tbe
precedent applies to the case; but, if I feel no
doubt upon the point, the precedent can have no
Ight with me either way, and it certainly can
DO excuse for us that a former Congress have
exceeded their authority. As I feel no doubt of
the correctness of my argument, it is not very
necessary- to consider the cases which are sup-
posed to maintain the doctrine ; but, even here, I
am willing to meet the objection.

The first ease is tbe embargo of 1794. An eitt-
bargo, as it has ever been understood is the law
of nations, is the preventing in time of war, for
a short period, ib« sailing. of vessels from a port
or ports, that information might not be commu-
nicated to an enemy, and thereby the object of an
expedition be defeated. And also, (as it is prac-
tised In some countries,) for the purpose of man-
ning a fleet, la the case of 1704, our shores
were infested with privateers and armed vessels,
capturing the vessels of our citizens even in the
mouths of our harbors. The embargo was laid
by a resolution for thirty days, and afterwards re-
newed'for thirty more, but raised before the expi-
ration of the time, and when it Was supposed our
people were sufficiemly warned of their danger,
and prepared to meet it. By a temporary law, the
PFesideut was authorized to lay au embtrgo for a
limited time in the recess of Congress, should a
like necessity r«)u'ire it.

This ease was very dissimilar to the present sya-
tem. It was merely a momeniary measure of pre-
caution. It was not perpetual. Keilher bi^nek
had divestei] itself of the power of revocation.
It was not intended to destroy our commerce, or
prevent, for an unlimited time, tbe eiporlatioD or
importation of all merchandise. As it had been

CrOctised in time of war by naiions, to lay an em-
irgo in the way I have mentioned, Congreaa
might suppose that this power was contemplated
to be granted by the Constitution^ in granting the
powers of war and peace. But it will readily be
seen, that a* this system of destroying comtnetce
bad never oocnrred in the worJd, and, ai I bare

.yGoogIc

1011

HISTORT OF CONGRESS.

H. opR.

Enforcing the KTrtbargo.

before shown, was lo contrary lo the principUs
Bod objects of tlie Sdsociilioa or the people, it
could Dot, in like manner, be said lo be ^ranieil,
beiog in ita naiure a very different thing.

fiui whether the embargo of '94 can be justi-
fied in consonance with the principles I have laid
dowD, 1 am not anxious lo inquire. The event
was Bi a season of the year when its operation
was not very injurkius, and being limited, there
Wat not much complaint asainsi ii, and the ap-
parent necessity seemed a jusiiflcarion. But, if
I CoDgress exceeded their powers at that time, it is
DO Juslilicalion of the present bill.

The question han been asked, where does the
power reside if Congress do not possess it 7 The
answer is, with the people, from whom all power
emanates ; and I will venture to predrct ihey will
never relinquish it. Should tbe question be pro-
posed at any time, their answer would be very
Erompt. But, gentlemen hare said that the people
ave expressed their approbation of the system by
their elections. This opinion I believe incorrect.
Two very powerful and influential Slates, Massa-
chusetts and Conneclicut, have, by their Legisla-
tures, explicitly avowed their decided disappro-
bation; and the Legislature of Massachusetts
have requested their Representatives in Conrresft
to use their iafluence to obtain a repeal at the
embargo laws. This request, of itself, has great
weight with me, though it is true it is conform-
able to my previous opinion.

New Hampshire, and Rhode Island, and Ver-
mont, if the elections are fair criteria, have ex-
pressed their disapprobation of the embargo sys-
tem ; and the last elections of Representatives in
Vermont are i n con trove rti hi e proof of the asser-
tion that the elections would have been very dif-
ferent in the Uoiied Slates but for the belief that
the embargo was to be immediately raised.

People are very apt lo believe tbe thing they
wish, and the rumors which ran through the
United Slates convinced them that their wishes
would be shortly realized. The letter, first pub-
lished in Richmond, which appeared to have the
■tamp of Buihority, was printed in almost every
paper in the United States ; reports, said to come
from officers of Government, of high standing,
were indusiriousl.y circulated ; all parties appear-
ed to agree in the necessity and belief that the
embargo would he raised immediately upon the
meeting of Congress, if not suspended before. In
this situation the election came on, and (he people
were asked, wlf] you turn out your old fi-iends
and elect others on accounlof the embargo, which
will he immediately raised 'i The answer was,
DO ! Other gentlemen will form their own opin-
ions, but to me the ctmclusion la Irresistible, that
many gentlemen owe their election to these cir-
comstances ; and, in this view, I contend that the
afford no favorable proof of the popu-

meols upon this head.

The second seciion of this bill esiahliehes
priiMipte which roust ever be abominable in

free government, a system of partiality and cor-
ruption. This is contrary to the spirit of tbe
ConstitatioD, which is, that government was not
instituted for any man or body of men, but for
the general good. Here power is given to tbe
President aDirbis collector to determine who shall
carry on the remnant of trade which, nnder all the
restrictions, is left ds — the coasting trade. This
is, from port to port in the same Stale, or from
ports in different Stales. The whole rests in (he
will and discretion of the President, who may
issue his initructions to the collectors, and from
ihem there is no appeal. It has the appearance
If parly politics were to be Ihe criterion of the

irary distinctions. Then where, or from whence,
is the anlhorily derived for the exercise of sncb
invidious distinctionsi The consequence most
be the detestation of ihe Qovernment, and ani-
mosity among the people. It would be placing a
eood man, who may chance lo be a collector, ina
delicate situalton, and a had mto where he might
exercise ibe most arbitrary tyraoiiieal powers.

This is not merely a speculative opinioo. We
have already had some practical knowledge upon
the subject.

The sixth section establishes a new and ttranKe
principle in law, a principle of vicarious punisn-
meot, or of punishing one man for the offence of
another. But ihii is not the extent of the mis-
chief. It seems a refinement in cruelty. There
are men who hare vested the principal part of
their property in shipping. By tbe embargo they
have been so long deprived of the Use of tfaeit

?roperly that ihey are almost reduced to beggary.
'o relieve their necessities they may wish to sell
their vessels; but ihe provisions of this section
will render it impoitible to do it with any degree
of safety, for the seller may be answerable for an
offence commilled by tbe real owner, whose name
does not appear upon the register, enrollment, or
license; and this, together with (he enormous
bonds of three hundred dollars per ton of tbe ves-
sel,which must be given opon the transfer, would
be almost a certain means of preventing a sale.
But Ihe principles contained in the 9th, lOih, and
11th sections of (he bill are infinitely more de-
Kttuctive to liberty, and direct violaiions of the

It is provided by the 4ih article of the amend-
neoli to the Constitution, that "the right of the
people to be secure in their hooseK, papers, and
effects, against unresaonable searches and seiz'
ures, shall not be violated ; and no warrant shall
issue but upon probable cause, supported hy oath
or affirmation, and particularly describing tbe
place to be searched, and ibe perkoos or things lo
be seized." This is the people's Magna CharIB,
vhereby they have declared certain rights Invio-
late. It teems as if ihe framers of this article
foresaw a time, when the passions of those in
power might cause them to overleap all bouada,
and. from some strange causes, an attempt might
be raaJe at the destruction of men by an atuck
r an improper sad unreasonable interference

.yGoogIc

lOlS

HISTORY OP CONGRESS.

lOU

jAHtta.RT, 1809.

Enforcing the Embargo.

H. orR.

witb Ihejr private properlf. The lame priaciple
is establJEhed in Ibe coosLJCutioD of inoit of tbe
Slates; at least, I fiad it in nine of them.

These principles are ilso laid doim in ihe eoD-
siiluiiou of most of tbe Stales: that standing
armies are dangerous to liberty ; thai the mililary
shall be Babordinaie to (he eirii power. It ap-
pears that the people, ever jealous of their Tights
and liberlies, have endeavored to secure them by
everr possibl^e restriction. Tbey hare been aware
of the causes which have deprived other nations
of their freedotn, and have endeavored to guard
•gainst tbe evils; and I ihinic (hey will frawa
npoa every encroachment. 1 bop« they will not
have cause to reflect that they did not consider
that their coasliintions were to be admiDiitered
by men, who might put a different construction
upon their words troai what they intended, and
inal, in the sequel, tbey would meet the same
fate thev appeared Id deplore. But. should the
present bill pass into a law, their fancied barriers
which tbey have enacted, are completely broken
down, and their eonstilulion, in this respect, be-
comes bul a dead letter. To suppress insurrec-
tions or forcible opposition to the due execution
of the law. a resort may be had to the military ;
but 10 use the bayonet in the first instance, to ex-
ecuie ihe laws, is a power not vested in Congress,
and whenever exercised, it must be npon the ruins
of liberty.

In order to make myself the more intelligible.
1 will state certain cases, in which despotism will
appear in most glaring colors, and vill then prove,
by this bill, that »aai cases may exist, and tbe
bw will be such as to authorize them. Gentle-
men may say, tbey are cases not Ukety tu happen;
it is Dot what we intend by passing the bill; we
have too great a confidence ia our Bzecutive to
' believe in the dangers you apprehend, or that the
power will be improperly exercised. I should
answer that ii wculd not be the first lime thai too
great confidence placed in man has led to the de-
struction of the liberties of the people, and it
would be but a poor excose lo lay thai we placed
tbe power where we did not believe it would be
misused. The ancient Romans did not think,
when they created Julius Ctcaar^rpeloal Dicta-
tor, that they bad placed power in the hands of
one who would misuse it, any more than Con-
gress apprehend danger from the present Presi-
denl, or his successor. There was do man more
accomplished than Cecsar, or who possessed a
greater share of popular talents. He, like Absa-
lom of old, "stole away Ihe hrarls of the people,"
bul all historians agree that here commenced thi
dettrnction of Roman liberty. It should be ou.
only inquiry, May the powers granted be used for
naconstitutional or tyrannical purposes'? and noi
whether the agent is so pure, just, and honest,
that he will not make an improper use of them.
Tbe oases which 1 shall state may, at first view,
strike gentlemen as extrsvsgant, and not likely Id
happen; but let them consider whether the nowei
is given by this bill, and then whether, lo the
present stale of this country, ihey are not some-
thing more tban barely possible, and do not ap-

proach even to probabiliiv. For instance, a mun
'" Vermont has a wagon loaded with Sour, which

! intends to carrjr to market to pay his debts or
supply ihe necessities of his family. The collector
or person empowered by the President seizes it,
and will not permit it to be removed unlil bond
ihall he given for tbe ddivery of it at some place
lirectly opposite to wbere it was intended to be
carried, and to any dixlance the arbilrary agent
may choose, if within the United Slates. He has
the power lo do this, and cannot be culled to an
'ibed for his misdoings. For, if
the wagon is going in a northerly direeiion, it is
" apparently on ihe way towards the territories of

foreign nation" — I take the words of the bill ;—
' it is going East, West, or Souib, it is "appa-
>nt1yon tbe way" to Boston, New York, or some
other place, where the officer seizing may aayt
' * ' intended for exportation ;" and of this, of
;, he must be the judge. And ihe same raaf

d as to the place where the abides are to he

delivered, if within the United States. And he
may employ such part of the land and naval forces,
or of the militia, as he may judge necessary, for
taking into custody, guarding, and keeping the
article seized- Tbe same may be done to the
owner of a load of tobacco going to RicbmoiMl to
market, or of a boal-lOad of cotton transporting to
Savannah.

I will stale another case. A gentleman — aii
honorable Senator, if you please — is travelling to
Baltimore, from this city, and has in his trunk a
sum of money, ^he President or callcclor may
send a file of soldiers and stop him. and seize the
monev.and not permit it lo be removed unlil bond
shall M given lo deposite it in the Washington
Bank; (the Elockholders of many banks in the
United Stales would be delighted to have an agent
with this power;) and this bill completely gives
the autboriiy. For, the gentleman having put his
specie on board his vehicle, (whatever it may be,)
and being apparently on his way to a place where
exports haw been iDsde,Bnd (if report says true)
with great success during tbe embargo, the act
gives the full power lo commit this enormity, and
no one can call the perpetrator lo account; and
the remedy proposed by the amendment, which
virtually takes away a man's commQn-Iaw right,
is an insult to the sufferer, rather than a redress
for the injury.

Let not gentlemen imagine that these are cases
not likely to happen. Man is a creature of a vK'
riety of passions, and there are none more power-
ful and prevalent than those of avarice and malice.
Money may be ezlorted for favors granted, or the
f engeanee of the adversary may be wreaked upon
an innocent man, who, by Ibis bill, will be de-
prived of the power of resistance, or of recovering
redress.

It has been contended ihat tbe principle of seiz-
ure contained in this bill is supported in precedent
by the sixty-eighth s — ■ ' ■'• " — ■" ' —

goods liable to forfeiture for a breach of the law,
in not having paid or secured to be jiaid the duties

.y Google

HISTOBY OF CONQEBSa

1016

Enforang the EvAar^.

upon the good*, tit for other causei of forfeiture
■ueoiioDed in the liw. Anil if thej should have
eaUM to suspect a concealmeDt thereof ia way par-
ticuUr (Iwelling-houae, itore, building, or other
plaee, upon proper applicatioa, tJpon oath, to aof
justice of the peace, be eoiitled to a warrant to
enter luch house, and in the day time only search
for such goods, aod seize and secure the same for
trial ; and all such goods so found, on which the
duties shall not have been paid, or seemed to be
paid, shall be forfeited.

It is to me astonishing that any geutletaan can
suppose this a precedent in point to support this
bill. It shows how far our failiogs tnay mialewd
us in the directien of our unders landings.

The case contemplated in the collection law
necessarily supposes bd oSeoce commiited, which
U by Uodiag or concealing the goods, not haviag

Said or secured lo be paid the duties ou them ; and
>r this oSeoce the goods are forfeited ; and, ifao,
ikeic can be no just cause of complaint for their
seizure; and the officer must be cautious t^at he
is correct io this, or has just cause for seisure. for
otherwise a jury of his country would teach him
torespeci the private rights ofbisDcighbors. But,
the ingeauity of the eomniiltee in this amend-
ment II very great. They have found it neces-
sary— a thiog never ilreaml of by the honorable
Senate — lo declBre an offEnce, and then a forfeit-
ure of the goods, to justify a seizure to hdd for
trial. But, to snpport the case as parallel, let us
conaidertbe offence created.

B]r the amendment, the oflente created is this :
putting on board a Tenel or carriage goods or
■pecie with inUnt to expoii. &c. If it should be
left slivply here, I apprehend the law wonld have
very little operaiioa either way. For, if (as upon
oommon principles) the peraoo seizing must prove
the inUvit to. export, for his justifisation, there
wonld be but few seizures, as the remedy which
the law would give would be sufficient lo awe the
colleotor. But, in order to obviate this difficulty al-
tendiog the seizing of a man's property, the other
amendment is introduced, which is of as arbitrary
a nature as could well he expected. The district
judge is to decide in a summary way the ques-
tion, and a man is to be deprived of his common-
law rights; and the inestimable trial by jurv, which
the Constitution has guaraoiied, is to be done
away, and the person who dares to complaio shall
be sojudged to pay treble costs. This is the fair

ionand intention of the hill; and although

s of law may not consent to have the
ion trodden under foot, yet this is no
apology Sat the bill.

TheactoftheSih June, 1794,18 also mentioned.
This authorizes the President to make use of mil-
ilaty force, if necessary, for preventing the fitting
out and arming vessels in the ports and harbors
of the United States, and to take possession of any
•neb ship or vessel and her prizes, and to com-
pel the departure of foreign ships and vessels,
which by the laws of nations and Irealie* of the
United Slates ought not to remain. But this
power cannot be exercised till afier process, issu-
ing out of some court in the United Slates, shall

have been disobeyed or resisted. This act is
founded upon ib« principle that the civil power
must be resisted before the military can be called
to aid, and is in strict conformity with the Con-

Tbe firth section of the act of the 3d of March.
1805, for preserving peace within the porta and
harbors or the United Slates, is bIn laentioned.
This gives puwer-lo compel foreign armed ves-
aels to depart the United States. If foreign armeid
vessels must b« compelled to depart, it must be by
military force.

The act of the 3d March, 1807, authorizes tbc
removal by the marshal, withouisuitor jodsmenL
of persons who are in possession of lands cTairaea
by the Untied StatCK. I think this act cannot be
justified upon principles of reason and natural law,
but it by no Airans comes op to the principle con-
tended fer in this bill. The marshal is to remove
without proceu — without an inquest of office, ot
any jodicial deciiioa~«od the President is the
sole judge. But it is not to be done by > military
force. And although it may operate very incon-
veniently and oppressively, yet in any esses likely
to happen it cannot prove so injurious.

There has been some contest in this House oa
the question, which part of the country suffers
most by the embargol This is not ao CEseniial
point to be' deeided ; it is sufficient that all part*
suffer grievou.slj' by its pressure. But, should this
system be coobaued, it is cerldin our cities roust
be wholly rBined, and our ship-holders lose their
all. Though the farmer mjist be greatly distressed,
yet he has still some chfinee of supporting his
family upon his farm ; but the naked walls of a
city house would afford little more eonsoktioo to
the impoverished owner than the walls of a prison.
It has been said that there would be no daoger of
people's suffering through want in ibis land of'
plenty — let (hem move into the country, and cal'
livate the soil. I oannoi subscribe to the human-
ity of (he act of compelling people to desert their
habitations in town to cultivate the soil. Little
is it imagined what iofioite distress such a crael
necessity must occasion. The country gentlemen
most pardon us who live in towns, if we cannot
comprehend their policy. They inform us that
their object is kindness towards as ; that they wish
to preserve our property^by measurci which we
arecohvinSedgo to the destruction of it. Weare
also told there would be no trade for yott, ihoold
we suffer your ships to leave their ports. Thea,
why ibis great solicitude to prsreot their sailingT
The thing would work its own cure, if left to reg-
ulate itself- The merchant would find out whe-
ther he could prosecute a safe and beneficial trade,
and the -underwriter would regulate the amount
of the risk ; and it ought to he left to the people
to have domioion over their own property. The
caieoletions which have been made to show how
little trade could be prosecuted are very fallacious.
If we have forty-eight or fifty millions of domes-
tic produce ana manufaclurea to export, the arti-
cles wonld find a way to a market, and the con-
sumer mast ultimately pay the expense. There
is aaotliM conaideraticm of very grwt inporiaaee

.yGoogIc

HISTORY OP CONGRESS.

Jahuaht, 1B09.

Bn/oreing the Embargo.

H.opR.

to every part of Ibe Uoited States— «» well those
who have nrticlea to export, ai those who make ■
profit bf the eiponalioD. All the articles of ei-

CriacioD in this couDtr)r raay with equal facility
raised in othrr eouDtries, where the businew is
u well understood; and ihereisaoprecepcoreqaal
to thai of necessity. Let the cotton planter, the
rice, indigo, tticl those who mike tobacco, ai welt
as those who Efow wheat, and the ^zier, look
well to this. They have pat their customers to
school, and a fatal lesson for them they nuy learn.
Necessity nay compel them to learn a new courxe
of trade, bat, when learat, it may take the same
necessity to eause them to retrace their slepi. The
West India islands may he as well supplied bv
Spanish AtDerica end the British aolooies with
lumber, beef, cam, and Gsh, and with wheat from
Sicily aod Africa ; and the imniense quantity of
cotton which maybe imported from Brazil and
the East Indies ooabt to fill the mind of a cotton
planter with fearful afiprehensions ; and as to
tobacco, it is indigenous to ail soils and climates.
What a tingular change there has been in the
world in the course of little more than a twelre-
month. Britain and the Uoited States possessed
then almostexclusively the commerceof the ocean,
but the United States have shut themselves up in
their shell, and magnanimouely yielded their share
to the Spaniards and Poriuguesck A commerce
which produced a revenue of apwardu of sixteen
and ahalf millions of dollsTS, and employed nearly
twelve hundred thousand ions of shipping, and
upwards of one hundred thousand seamen, is pre-
sented to them gratis. It is true, our commerce
has been subject to interruptions and spoliations;
but the looses, when compared to the profits, have
been much smaller than gentlemen Imagine. If
the embargo cannot be enforced without the aid
of the military, this atone ought to be a sufficient
inducement to' repeal the [awj for nothing can
be more calamitous lo mankind than a military
despotism ! It is absolutely time this Urrapirt sys-
tem was abandoned ; it onght to be given up as a
bad job. I do not believe It has been productive
of any good, and I am morally certain il cannot
sow produce any. The idea of making war, or
of coercing a foreign netioo bv destroying oar own
commerce, has ever appeared to me the most fal-
lacious that could well be conceived. All the
evidence we have upon the subject, proves to my
mind, most clearly, thai we have greatly over-
rated our meaoA of coercion ; that in Prance it is
not fell, and in England it is forgotten. This I
believe to he the opinion of sensible men. The
idea of coercing England, liecause of a short crop
of wheat and scarcity of cotton, is very ridi
lous. A man who reasons from premises of
better foundation, I cannot help imagining, m
have motives which I do not eomprenend. N
ther do I believe in the subjugation of Spain by
the vast armies pouring in upon them. I enter-
tain no doubt that a very profitable trade may be
carried on with that gallant naiion ; and I eonfesi
I do not feel so cold-blooded towards them as not
10 wish them success in their glorious oodertak-
ing. I should wish the embargo off, for ihia rn-

1 among others, that our citizens might have
... opportunity of affording them some assistance,
and thus pay, in part, a debt of gratitude — of all
others the most congenial to a generous mind.
The argument that we had belter suffer our ships
to rot at the wharves, and our produce to perish
on our hands, rather than carry it abroad, for fear
we should overstock the market and reduce the
price, I should expect from a school-hoy rather
than a pollijcian. We are distressing our citizens,
impoverishing our country, destroying onr reve-
nue, ruining our eommeree,«butting our bowels of
eompBFsion against a noble, valiant nation, strug-
gling for liberty and independence, closing the
temples of justice in Slaifrafter State, Jntrodnc-
ing arbitrary principles of governmeot and mili-
tary despotism, corrupting the morals of the peo-
ple, violating the GoDaiiiutioD in its most essential
principles — and for what 1 In the pursuit of a
phaniom. We might as well imitate the cele-
brated Knight of La Mancha — arm.c^ (i;pie, and
attack a wind-mill. Should we continue this
coarse year after year we may bring on in the

South of our Government decrepit old age, and
Y this improper abstinence emaciate and waste
the body politic, until we produce a dissolmios of
alt its members, and still be as fat from the end
proposed as when we began.

It has been said — and there is great propriety
in the observation — that in timesof difficulty and
danger we ou^ht to rally round our Qovernment,
Every man will acknowledge the justice of the
maxim ; and 1 believe there are no people more pa-
triotic, and who will more ready rally ronnd their
Oovernmeni, ina jnst cause, than the people east
of the Hudson ; and there are no people who bet-
ter understand their rights, or that are more tena-
cious of them. And they are too independent to
give their approbation ofa measure of which theit
consciences do not approve. A majority of them,
at least, think their rights invaded by the embargo
system, and wish a chanse. They cannot see into
the policy or necessity of the measure; they think
it will destroy their country, and be the means of
infinite distress. The arbitrary principles intro-
duced to support it fill thetr minds with alarming
apprehensions. They express their seuiimenla
freely npon il, as they hare a most nndoubted
right lo do. The most that can be said by gen-
tlemen who differ from them in opinion, is, that
they-ara in an error. If they ate in an error, it
should he shown by cool, dispassionate argument,
and not by intemperate inveeiire— by an address
to their reason and understanding. And gentle-
men wilt consider that this is the only method to
convince and conciliate. We are called upon for
a substitute for the embargo. The answer is, that
the proper substitute for a bad measure (espeeially
an nneomtitutional one) is a repeal of it. When
other measures are proposed by the Executive, at
by ordar of this House, it will be the duty of gen-
tlemen to give them a fair and attentive consid-
eraiion, and to act according to the conviction of
their understanding. But I know of no rule which
makes it expedient for the minority to introduce
propositions of this nature, vhich with propriety

.yGoogIc

1019

HISTORY OP CONGRESS.

H. or R.

Enforcing the Embargo.

Jandarv, 1809.

ought to come from the Execuiire, or at teail be
produced by the giutborily of [be House, whicli
ihe minoiity caonoC be supposed to pusseu. ll
is ibeir rigbi and iacumbeot duly to make such
objeclloDS as appear to ibemweli To uoded against
BDy [iieBiure proposed, and Tor the House to judge
of their reaaons and argumeDtH, which, to uodet'
iland, must be done with a spirit of candor.

Mr. MoBELY. — Mr. Speaker, in addreMing the
House at (his time 1 shall not ptofeiia,-Bs several
gentlemeo who have preceded ine have done,
tbat I am impelled lolely by a sense of duty. Ju
addition to ihia, sir, I cao hardly tveoacile it to a
sense of ciriliiy and ihe claims of humanity to
remain silent, when I peiteire so many gentlemen
around me apparenilr [taping for argumeols.

But, air, if I mistake in this particular, (he time
I must consider as peculiarly propitious. After
a continued coDfiaemeat for loore than sixteen
hoars within the walls of the Capitol, (it being
now past three in the morning,) and without any
prospect of a speedy release, 1 think Kenilemeo
may probably begin to have a more feeling aense
than ifaey hare before experienced of the effects
of a permanent embargo.

It Is to be expected that gentlemen who have
been uniformlyopposed to the whole lystem of em*
bargo will beagamstany acts that can be proposed
for the purpose of enforcing it. But if such acts
muBtbepassedjiiisnot only the privilege but com-
port* with ibe duly of every one to use his endea-
vor to have ihem as unexceptionable as possible —
to see that ibey are not unnecessarily oppressive;
and above alt, ibal they do not infringe upon the
ConsiiiutioDal right of the citizen.

Sir, wbai acts, and how many it may be n^es-
■ary to pass in order to enforce obedience to this
measure, remains yet to be determined. . Since
the first embargo act was passed, no less than
three supplementary acts have been added prior
to the one now before us. Still the embargo is
violated, and violated to such a degree, say its ad-
vocates, as to prevent all the good effects that bad
been anticipated from it, and which it m
wise have produced.

Sir, the practicability of carrying t|i(
into execution was a point that ought mniurelv
to have been considered before it was eoacted.
JCor, even admitting (what I never believed) that
ihe embargo might have produced all the won-
derful effects that were predicted by its authors —
provided it could have heen enforced ; yet, if ibis
was incompatible with the nature of things — if
such was the geographical situation of our coun-
try— such the oabita, dispositions, and interests of
our citizens, that obedience to ii was not-raiion-
ally to be expected, unless enforced by (he moai
rigorous aod oppreEsive measures, (as was urged
among other reasons by gentlemen opposed to
the act,) ii furnished good ground of objection, in
the first instance, against passing it, and must op-
erate with increased fofce against itacoalinuance,
as this fact beeomes more confirmed by eape-

Sir, in vain do you extend your penalties and
multiply your slatnte*. The more arbitrary and

jt, although
robation oT ll

oppressive you make ihem, the more obnoxious
ihey wilt become, and the more difficult it will be
to carry them into execution. In ooe point of view,
Mr. Speaker, I cannot but regard The present bill
' some degree of complaoeacy, notwithsiaad-
IS odious and detestable features. I do con*

go that

floor— and I have listened with pleasure to maar
very able and eloquent ones. This is, indeed,
full of argwnenlum <vi Aoattnen. This, i>ir, pre-
sents to the people argoments which they must
both understand and feel. If it has come to (hit,
either thai your embargo system must be abandon-
ed and given up, or enforced by such acts as this;
the people, I presume, will not be long in decid-
ing the question. Why, sir, even the good peo-
ple of Connecticut, who have been .so highly
complimenied for their obedience to the laws,
could hardly be expected to fubmit palieolly to
the arbitrary aod vexalious provisions of this bill.

And here, sir, whilst it is upon mv mind, I must
beg leave to express my acknowleogment to the
honorable geatlemao from Tennessee (Mr. G.
W. Campbell) for the encomium which he has
been pleased (o bestow upon the State of Connec-
ticut, from which I am b representative. Thai
gentiemaa observed that Ihe Slate of Conntrcti-
'' h distinguished for its general disap-
' e measures of ihe present Admin-
iilraliOQ, was no less so for its uniform obedieoce
to Ihe laws, not only of its own, but of the Gen-
eral Qoveroment. The 'remark was particularly
grateful, because I believe it to be just, and be-
cause it is so rare that this State receives any-
thing like commendation from the quarter from
whence it oame. I have sometimes heard gen-
tlemen on that side express a benevolent concern
lest (he iiberiiea of (he State should be lost for the
want of a ^riiten constitution, or by the over-
whelming influence of the clergy. But this i*
the first time (bat I have ever heard even one of
i(s tteadi/ habUt commended within the walls of
this House.

But it cannot escape the discernment of that
and every gentleman acquainted with the humu
character, ibai the same honorable aod intelli-
gent spirit, which ordinarily induces a prompt
and principled obedience lo the acts of Govern-
ment, is not easily lu be subdued or controlled,
when oncq roused to resistance by such as may
be deemed uocoostiluliooal or too oppressive to
be borne. Sir, the free and enlightened citizens
of that or any other Slate, are not, I presume, yet
prepared to bend their necks to the yoke of mili-
tary despotism.

1 bad contemplated, Mr, Speaker, making same
more specific ubiections to what I consider the
most exceptiooable aod daogeroos provisions of
ibis bill. Bui 1 shall not at this time altempt it.
And I feel the less disposition to do it, as the dif-
ferent sections of Ihe bill have been so ably and

particularly commented upon by several gentlt-
meu who.preceded me. If whatbas already been
1 urged is not (nfficient to satisfy this House of the

.yGoogIc

HISTORY OF CONGRESS.

Jandart, 1809.

Enforcing the Embargo.

H. OF R.

exireine impolicy and injustice of passins this
biil, I ceiiaioly should despaii of doioe- ii. It
does Bpp«Kr to me that it has been clrarlf shown
that this bill goes to subject our coasting traite la
restriction* not only rexatious but ruiuaus. To
expose the persoos and property of our citizens to
innumeTable insults and injuries, wbile it deprives
them of the ordinary means of redress; to reader
the civii Buborttioaie to the military power; and,
in fine, to a violfttioii of some of the most sacred
principles of the Constitutioa.

But, say gentlemen, ifthe embargo is to be con-
tinuect, it must, at all events, be enforced; and
the moment the embargo ceases you must have
war. 1 hoow that we were informed at an early
period of (be session by out Committee of For-
eign relatioos that we bad no alteinalive but em-
bargo or war, for of submission 1 shall »ay uoiii-
ing. Too much has already been said upon that
(object. Sir, 1 consider it as a cause of very
deep Tefcrat Ibal we should be reduced to ibis de-
plorable dilemma — thai we must either have a
war with both the belligerents, or a cocrinuance
of the present system.

But when I found further, by that ^epor^, that
the policy poioted out was to persist in the em-
bargo until its inefficiency should be fully prov-
ed—and that the evidence of ibis fact was daily
accuiuulatiog, none could deny — it reallv re-
minded me of ibe sage advice which loticeknew
very generally given: that of two evils, it was
best to choose them both, and then you would be
sure to have the right.

But 1 would ask gentlemen who are contioually
proclaiming that war or embargo are our only al-
ternaliven, whether, in case wechould not beable
to accomplish oar wishes, and brin^
to terms in that way. we are again to have

ginia. Very, well, sir, then 1 understand the
system, and I imagine by the lime we shall
have rung the changes of embargo and war and
war and embargo for ten or fifteen years, what-
ever our wise poliiiciaos and philosophers may
think, our poets and bards will at least have dooe
singing '■ fli*i7 Columbia, fiappi/ land!" But, sir,
I do not believe in the necesfilv of either of these
alternatives. War may be held up in ferrorem
to reconcile the people to a caniiauance of the
embargo; and this, I have the charity to believe,
is all inat is meant, by theconstaut clamor which
is made upon that subject.

I have always cherished a belief that, although
ID the extraordinary cuufiict io which Great Brit-
ain has been engaged — a conflict, as she says, for
her existence — she may have been too regardless
of our rights as a neutral nation, and has, doubt-
le:>s, done usmaoy wrongs, yet that an amicable
and honorable adjustment might have been had
of all our differences. The door of conciliation
is still open, and it is do less for her interest to be
on friendly terms with us than it is for ours to be
at peace with her.

As to France, we have little lo fear from her ta
the present stale of things. And whelhet we are

at war or peace with her will make do difference
in her treatment of Us. Wlien she is disposed to
lake OUT properly, and can lay her hands upop it,
a pretext will not be wantiog. The must solemn
treaties, we have ample proof, afford no security.

Sir, 1 believe that the embargo might he taken
off withqui necessarily involving us in a war, ot
sul^ecting us to dishonor.

'Ehat we ini&ht have some commerce which
would not be affected either by the Brilish Orders
in Council or ihe French Decrees, is not denied.
Wiib respect Id Ih^exteot of this commerce, there
exists a difference of opinion. But I am persuad-
would be much more considerable than many

lenilen

e willing to concede. Atall events,

I am disposed to make the experiment. I a
least for giving the nation a breathing spell.. In*
.stead of aildins anoiher link lo ibe chain, lam for
breaking the shackles which we have already im-
posed upon our commerce. Our affairs, I have
no doubt, would soon assume a very different as-
pect. Out enterprising citizens would extend
the commerce of our country far beyond our
present expectations; and through the channel of
that commerce our revenue would again be re-
vived. The body politic would be invigorated,
individual industry encouraged, and the nation
in some degree restored to its former prosperous
and flourisliing stale. But so long ai you con-
linoe ihis deadly embargo, so long you can ex-
pect nothing but an increase of the distresses and
complaints of your cilizens. And this may nt>t
be all. It beeomes gentlemen who appear so zeal-
ou.sly determined to pass and enforce the provis-
ions of this bill, well to consider the hazardous
experiment they are about making, leit the blow
which ibey are aiming at the liberties of a gen-
erous and enlightened people should recoil upon
their own head, and, instead of producing the nib-
mission which is expected, should prostrate the
power of the Arlministration.

Mr. GABnENiER opposed the bill.

Mr. Dana moved to strike out the iltb section,
as follows;

" And be it further matted, That it shaU b« lawful
for the President of the United States, or such other
psiBon u lie shall have ecapowered for thai purpose,
to employ inch part of the land and naval force* or
militU of the United StitiH, or of the Teiritoiie* there-
of, BS may be judged neccHary in confonnitj with
the pro«iaion* of this and other acta reapecting the
embargo, for the purpois of preventing the illegal da-
parture of any ship or veuel, or of detaining, taking
poueaaion of, and keeping in cuslodj, anj ship or vei-
ael, or of taking into custody snd guarding any specis,
or articles of domestic grawtbi produce, or laanufac-
ture ; and, also, for the purpose of prsventing and aup-
presaing any armed or riotous sasemblage of peraoua
rcaiating the custom-house officers in the exercise of
their duties, or in an; manner opposing the execution
of Ihe taws [ajing an embugo, orotherwiae TJolaling,
or Bsaisting and abetting violations of the same :"

And ou the que^ion to a^ree lo the amend-
tneot, it passed iu ihe negaiive—yeBS 31, nays
70, as follows :

Vais— Epaphroditus ChampiaD, Mutio Chitten-
den, John Culpaper, Samuel W. Dana, John Daien-

.yGooglc

HISTORY OF C0NGRBS8.

1024

H.orR.

Et^oreing tiit Embargo.

jAHtrART, 1S09.

port, jun., William Ely, Btr«Bt OardamtT, Pnikcii
OtEdner, Jamea H. Gtrnctt, Obarlei GoJdiboreugk,
Joba Harris, Richanl Juluon, Philip B. Kay, JoMph
Lawii, jun., Edwtrd St. Lo* Liiermora, Mitthaw
Ljon, Joaiah Miaten, William Milnor, Jonathan 0.
Moaalj, Ttmothj Fitlcin, jun., J«ialt guincy.Jt^n
Bniiell, Jamei Sloan, William StaJman, Lewi« B.
Sturgea, Samusl Tsggirt, BeQJuain Tallmadge, Jabei
Upham, Philip Van Cortlanilt, Nichola* Vau D^e,
and KilliaD K. Van Renaaelaer.

Ni.i* — Gtim Almander, Lemuel J. Alatoo. Willi*
AlaloD, jun., Eiekie] Bacon, DaTid Bard, Joaeph Bar-
ker, Buiwell BawKt. WiUiam W. Bibb, William
Bladllndge, John Blake, jun., Thotnai Bluunt, Adam
Bojd.John Bojie, Robert Biowa, William Butler,
Jowph Calhoun, George W. Campbell, Matthew Clay,
John Cloplon, Richard Cutti, Joiiah Desne, Joicph
Detha, John W. Eppca, William Findley, Jsmei Piik,
Meahack Franklin, Thomai GhalMn, jun., Isaiah L.
Gtmq, John Heiiler, Jamea Holluid, David Holmci,
Reuben Humphrey*, John G. Jackson, Hidiard M.
JohnaOD, WallAr Jones, Thomae Kenan, William
Kirkpatrick, John Lambert, Robert Marian, John
Montgomery, Nicholas R. Moore, Tliomas Moore, Jfl-
nmiah Morrow, John Morrow, Roger Nelson, Tho-
n*s Newbold, Thoioss NewtoB. Wilton C. Nidiolaa,
John Porter, John Rea of PennajlTinia, John Rhea of
Ten neaaee, Jacob Ricbarile, Matthias Richards, Bbeae-
mner Beaier, Samsel Shaw, John Smilie, Jedediah K.
Smith, John Smith, Richard Stanford, Clement Storer,
John T^lor, George M. Tronp, Jumea L Van Alen,
Daniel C. Veiptanck, Jeue WhartJin, Robert Whlte-
Ull, Isaac Wilbour, Dafid R. Williami, Alexander
Wilson, and Richanl Winn.

Mr, Uphau moTcd toadjouro— yeas 28.

Meisn. Qardneb and Van Dyke opposed the
bill.

t\>ur o'ctocft.— QuBsiion on its going to s ibird
reading decided — yeas 73, nays 29, aa foUawi :

Va^a— Lemuel J. Alston, Willis Alston, Jan., Eae-
kiel Bacon, David Bard, Josspb Barker, Burwell Bas-
Mtt, William W. Bibb, William Blackledfa, John
Blake, jun., Thomas Blount, Adam Boyd, John Boyle,
Robert Brown, William Butler, Joseph Calhoun, Geo.
W. Campbell, Matthew Clay, John Clopton, Richard
Culls, Josiah Deane, Joaeph Desha, John W. f^ppei,
William Pindley, Jamei Flak, Meahack Franklin,
Thomas Gholaon, jun., leaiah L. Green, Jolin Heialer,
James Holland, David Holmes, Benjamin Howard,
Reuben Humphreys, John G. Jackson, Richard M.
Johnson, Walter Jones, Thomu Kenan, William
Kirkpatrick, John Lambert, Nathaniel Macon, Robert
Marion, Joaiah Masters, John Montgomery, Nicholas
R. Moore, Thomas Moore, Jeremiah Morrow, John
Morrow, Roger Nelson, Thomas Newbold, Thomas
Newton, Wibon C. Nicholas, John Porter, John Rea
of Pennaylvaoia, John Rhea of Tennessee, Jacob Rich'
ardi, Malthiaa Richards, Ebenexcr Scaver, Samuel
Shaw, John Bmilie. Jedediah K. Smith, Joha Smith,
Richard Stanford, Clement Storer, Joseph Story, John
Taylor, George M. Troup, James I. Van Alen, Daniel
C. Verptanck, Jesee Wharton, Robert Whilehill, Isaac
Wilbour, David R. WiUiams, Aleiandei WUson, and
Richard Winn.

NiTB— Epaphroditus Champion, Martin Chitten-
den, John (Jnlpeper, Samael W. Dani, John Davea-
Sir^ jun., WiUiam Ely, Barent GarUenier, Francis
ardner, James M. Garnett, Charles Ooldsborongh,
Joho Harris, Itichatd Jaduon, Robert Jenkioi, Joaeph

Lewis, Jan., Edward St. Loe LWanoers, Mktlbaw
Lyon, William Milnor, JanaAsn O. Mosely, TimoUiT
Pitkin, Jan., JoaisJiguincy, John Kosaell, James Sloan,
Willisn SlBdman, Lewis B. Sturgea, Samuel Tog-
gart, Benjamin Tallmadge, Jabei Upham, NichoilM
Van Dyke, and Killian K. Van Retisselser.

On tbe quesiioQ whee it should b« read a Ibird
time, Messrs. ^inct, Upban, Lton, QAaDi-
NiEa, Alexandsr, and Dana, spake in favor of
Saturdaf, and Messrs. Ne La an and Tatlob for

Mr. Qiiiiicr ealled for the yea* and naya on
.1. j^ij, gjturday. Motion loii— yeas 35,

» folloi

John Davenport, jun,, William Sly, Baient Gardeaiar,
Fnmcia Gardner, Jamea M. Garuelt, GbaHe* Oold»
borOngh, John Hania, Richard Jaekaoa, Robert Jen-
kins, Joseph Lewis, juD., Edward St. Loe UTormoi*^
Matthew Lyon, Nathaniel Macon, Jonah Maatai%
WiUiam Milnor, John Monow, Jooatban O. MoMly,
Timothy Pitkin, jun., Jonah tjuincy, John RuatcU,
James Sloan, Richaid Stanford, William Stedmaa,
Lewis B. Bturges, Samuel Ttggait, Benjamin Tall,
madge, Jabez Upham, PhLlip Van Cortlandt, Nichtdaa
Van Dyke, and KUtian K. Vao Rensselaer.

Nats— Lemuel J. Alston, Willia Alston, Jan., Eze-
kt«l Bacon, David Bard, Joseph Barker, Burwell Baa-
aelt, William W. Bibb, William Blackledge, John
Blake, jun., Thomas Blount, Adam Boyd, John Boyle,
Robert Brown, William Bailer, JoaBph Calhooo, Geo.
W. Campbell, Matthew Clay, John Clopton, RJchaM
Culls, Joaiah Ueane, Joaeph Desha, John W. Efqies,
William Findley, Jamea Fiak, Mesback Franklin,
Thomas Gholson, jnn., Isaiah L. Oreen, Joba Ueialsr,
JamM HolUnd, David Holmes, UaiyamiD Howard,
Reuben Humphreys, John Q. Jackaon, Richanl M.
Johnson, WaR»rJaaeB,TluBiaa Kenan, Wm. Kirkpat-
rick, John IfBmbart, Robert Marion, John Uonlgomeiyi
Nicholas B. Moore, Thomas Moore, Jeremiah Morrow,
Roger Nelson, Thoma* Newbold, Thomaa Newton,
Wilson C. Niahfla*. John Porter, John Rea of Penn-
aylvBois, John Rhe;i of Tenneaaee, Jacob Richard*,
Matthias Richatda, Ebeneiet Sesver, Sunuel Shaw,
John Smilie, Jedediah K. Smith, John Smith, Clement

Whilehill, Isaac Wilbour, David R. WiHiama, Alexan-
der Wilson, and Richard Winn.

Half pott 5 o'clock.— B\\\ read the third lime.
On the q uestion, " Shall the bill pan 1" Mr. Stbd-
UAH called far the yeas aad nays,

Af[et some observations from Messra. M^btbri
and Eppes, ihe question wa* taken— yeas 71,
nays 32, a* follows:

YsAs— Evan Alexander, Lemuel J. AUton, WilS*
Alston, jun., Ezakiel Bacon, David Bard, Joseph Bar-
ker, Burwell Bauett, William W. Bibb, William
Blackledge, John Blake, jun., Thomas Blount, Adam
Boyd, John Boyle, Robert Brown, WUliam Butler,
Joseph Calhoun, George W. Campbell, Halthew Clay,
John Clopton, Richard Cutu, Jouah Deane, Joae^
Deaha, John W. Eppea, Jamea Fish, Me^ok Frank-
lin, Thomas Qholnott, Jun., Isaiah L. Urecn, Joha
Heister, James Holland, David Holmca, BenjamU
Howard, Reuben Humphreys, Joho G. Jaekem, Rieb-
anl M. JohaaoO,' Walter JonM, TboBM* Kenan, Wil-

.yGoogIc

HISTORY OP CONGRESS.

1026

Jahdart, 1809.

Military Officer*— Extra Seation of Congren.

tiaiD Kirkpatolck, Jobn Ltmbert, Nathtniel Mftcon,
Robert Hmnoii. John Mimtgomei^, Ificbolu R. Moore,
Thomu Moore, Jeremiah Morrow, John Morrow, Ko-
tm NoUon, Thomu Newbold, Tliamu Newtan, Wil-
■OB C> Nicholu, John Poiter, John Rea of Pennayi-
TBniii, John Rhea of Tanneiaee, Jacob Richaids, Mat-
thias Ricbardi, EbeDezar Seaver, Samuel Shaw, John
Smilie, J. K. Smith. John Smith, Clement Storer, Jo-
■eph 8torj, John Taylor, George M. Troup, Jamw I.
Van Alen, Daoiel C. Verplanck, Jesse Wbarton, Ro-
bert Wbitehill, laoac Wilbour, David R. WiUiami,
Aleianiler Wilnon. and Richard Winn.

Nil

— Epaphroditua Champion, Martin Chitten-
den, John Culpeper, Samuel W- Dana, John, Daven-
port, jnn., WilUam Ely, fiareot Oardenler, Francis
Oardner, Jamea M- Garnett, Cbarlea Qotdsborough,
John Harria, Richard Jackaon, Robert Jenkina, Joiepb
Lewia, jnn-, Edward St Loe LiTermoro, Malthew
Lyon.Joeiah Mulers, William Milnor, Jonathan O.
Moaely, 'nmothy Pitkin, jun,, Joaiah Qiiincy, John
Roeeell, Jamea Sloan, Rich&rd SUnfoid, William Sled-
man, Lewia B- Stnrgm, Bamael Taggart, Benjamin
Tallmadge; Jabei Upham, Philip Van Cortland t, Ni-
cImUb Van D:rke, and Killiao K- Van Benisalaer.

And the Houm adjourned, a tittle after day-
light, till Saturday.

Satobdat, January 7.
Ameaia^from ibeSenaie iaformed the Honsie
that the Senate bave pasied a bill, eotiiled '' An
■Cl mablDg a further approprialion towards com-
pleting (be two wings of the Capitol at the City
of WaahingtOD, and for other purposes ;" also, a
bill, entitled "An act to authorize the Marine
Insurance Company of Alexandria to alter their
style and Grm, and toiusurR against loss by &ce;"
to which bills, respeciiTely, (he Senate ileaire tbe
eoneurrence of this House.

The Spbakgr laid before (he Home a let(er
from (he Secre(ary of tbe Treasury, accorapanied
with a BlBlemeut of the sums annnally receired
at the Treasury of the United States siace the
com tnen cement of proceedings uader the Con-
■litntion ; and also a statement exhibiting the an-
nual amouDt of the respective branches of the
etMioras, and tbe eharoes thereon, in pUrsuaace
of a resolatioD of this House of the twentieth ul-
timo ; which were read, and ordered to lie on the
table.

A mess^e was reeeired from the President of
the United Slates, transoiittiiig a ilatement of the
wofks of defence which it has been (bougbt
eessary to prOTide, in the first instanae, for
security of our seaports, towns, and harbors, i
of the progress towards their completion. The
Messaffeandareponfromlhe Secretary of Waron
the suDJect of foriifiealioDa, which accompanied
the same, were rea ' > - ■ -
tee appointed the t
so much of the M
the United States,

• from the President of

i&e commencement of the
preseat semion, as relates to the Military and
Naral Bstablisbmenls.

The Spbakbb laid before the House a letter
from tbe Secretary of the Treasury accompany-
ing bis report on the Mtition of Hvy Hillf r aiid
lOtb Com. 2d Sbbs.— 33

Anne Ha.(nptDD, referred to him by order of the
House, on the thirtieth ultimo ; wbich were read.
nd referred to (he Committee of Ways ana

The House proceeded to consider the amend*
meniB proposed by the Senate to the bill, entitled
'' An act to coatiaue in force, for a further time,
the first section of the act, eutiiled ' An act fiir-
thA to protect tbe commerce aud seamen of (he
United Slates against the Barbary Powers:"

Retolved, That this House do agree to the said
amendments,

MILITARY OFFICERS.

Mr. Van DTKEobserred that, as ao increase of
our military force seemed to be contemplated, it
would, no doubt, be desirable to hare all inforraa-
lionon the subject, and for this purpose he offered
the following resolution :

Remhtd, That thePreaidentof the nnitedStateabe
reqoeated to eauae to ^ laid before thia House a list of
tbe names and number of officers, end the number ot
non-eommiauoned officers, iiiuaiciana, and piiTatea,
belonging to each of the regimenti of tbe United States,
noting the namber now wanting to complete the same ;
and alao a list of the name* and number of officara ap-
pointed under an act of the last aesaion, entitled "An
act to raise, for a Umited time, an additional military
force," and the number of men that have been enlisted
puTsuinl to the provision of said act-
It was suggested by Messrs- W- A LaToM,EpPE8
GeaRQE W. Camfbeli,, Fihdlev, Dawson, ana
RuEA of Tennessee, that all the information the
gentleman wished might be had by faim ou appli-
cation to the Department of War; and that an
official statement would answer no othet good
purpose than to expose to our enemies an exact
statement of (be amount, and precise na(ure of
our regular force. Such a thing was said to be
unprecedented, as an official list of the names of
all the officers of a nation having been thus com*
muoicated to foreign Powers.

The resolution was disagreed (o by the House.
EXTRA SESSION OP CONQREea.

Mr. SnLiE offered (be following resolution ;

" Resolved, That a committee be appointed toinqoire
into the propriety of providing by law for (he meeting
of Congress at an earlier period (han the £rB( Monday
in December next, with leave to report by bill, or odier-

On this (notion a debate of three hours took
place. Of this debate we can give no more than
sufficient to mark it; spirit.

Mr. Smilie observed that, on reflection, every
gentleman must be convinced that both our Inter-
nal and external aituation rendered it proper that
Congress ahould be donvened earlier than the usu-
al time.

Mr- Macok said that, as (be Constitution had
given to the President a power to call Congresa
whenever he should judge it expedient, and as
(he President would bave a full knowledge of ib«
state of our foreign relations, be was willing (o
leave the power with him. believing that, if ne-
eeKtiy, he wonldnotfail toexerciieit. Hewu

.yGoogIc

1027

HISTORY OF CONGRESS.

1028

fR.

Extra Settitm of Congrett.

JnfOART, 1809.

also opposed to adopting this resotulion at ibis
lime, because, in six weeks beoce, it would be
time enough to propose i[.
Mr. SonTHAHD otserved that the resolution but

Croposed au intguiry, and no one would commit
imseir, by voiiag foi il, to vote for an eailier
meetiDK (ban usual.

Mr. DuRELL was opposed to thiiresoluiioo ; for
he had no idea of closing the lessioo, wilhaut
taking further steps io regard to our foreign re-
lations.

Mr. Holland thought the rewlntioit wholly
premature.

Mr. Tallhadoe was also opposed to the reso-
lution. He coQceired that the House bad better
procewi in the business which lay before iheni.
When they had progressed farther, they might be
much better able to decide this question.

Mr. NicaoLAB said tbai, if, instead of a resolu-
tion, this was a bill od its third reading, he was
ready to Tote for it. He lamented that the term
of service of the present Coufrress expired as
early as the fourth day of March, tie wished it
to meet as soon after as practicable. He alluded
to the Stale of Tennessee's not choosing its Rep-
resentatives in Congress before August, He said
it would be an embarrassing thiog to convene
Congress before ihe Qovernor of that State could
convene the Legislature, to provide for an earlier
election, and supply the representation of that im-
portant Stale. Admit that the present Congress
were to declare war, no gentleman would deny
that Congress ought to convene earlier than usu-
al. If it were noi done this session, be would, long
before the first of December, give his vole fur
changing the attitude of the naiion. The expe-
riment which we were now making would have
been continued as far as justifiable before that
time. He said he would not trust the discretion
of any one mqn, under these circumstances, to
convene Congress j though he had as much con-
fidence in the person whose duty it would be, as
anv one man ought to have in anoiber.

Mr. Dana said he had not the slightest suspi-
cion of any intention in the present Congress to
denlare war. Even the inhabitants of Bedlam
would refuse to concur in such a project. He
really bad no idea of it. He wished the country
not to be coutinually alarmed by these war
Sjpeeches. Keep out of war if you can, said he ;
if not, go into it ; do not look at it. and proclaim
it as so horrible a thing. He was in favor of this
resolution, because it was for an inquiry; and he
might postibly vote for the bill when reported.

Mr. D. R. WiLLiAus opposed (he resolution.
ETer^circumiiance. be said, showed that Great
BritaiD predicated her measures on an idea of
our want of stability. He wished noi to accom-
plish her expectations by an early session. If the
extra session were proposed with a view to war, il
was extremely injudicious; if wilti a view to the
repeal of the embargo, it was equally injurious, as
it indicated to our enemies the period at which
one measure should commence, or the OLber cease.
He wished to hold od to the embargo ; he had
no doubt of its proving effeotual. If any change

of our situation should lake place, the Consiiia-
tioD had vested in the head of our foreign rela-
tions a power to call Congress.

Mr. Stobv had no idea of the resolution pro-
ducing the effect anticipated by Mr. Williams.
He would be ihe last man to doubt the ability or
integrity of the Administraiion ;'bui why throw
the responsibility on his shoulders? Why shrink
from il themselves? When they alone were
vested with the power to declare war, why not
listen to the warning voice of Providence, attend
at their posts, and prepare a whole system which
should call forlheactiveco-operation of the people?
Did Confess mean to say ihatiheembargosbotild
be co-esislent with (he Orders in Council ? that
it was to endure forever? He trusted and be-
lieved that this was not thesentimentof any eea-
tleman who occupied a seat on this floor. The
time was fast approaching when this measure
must give way to one of a more energetic char-
acter. And he distinctly understood that it was
contemplated thai Congress should convene at an
early period ft)r discussing this subject Was
Qreat Britain so totally unacquainted with ibe
subject as not to know that this body bad the
power to declare war? Certainly not. So far,
then, as the call of an extra session could influ-
ence Oreat Britain and France, it would go far to
convince Diem that submission would not be the
course of men whose hearts were in their coun-

the councils nf the moibareouotry w(
hy the cool dictates of reauin. When Qreal Brit-
ain lost, a* a grcai stateamao had observed, "the
brighlest jewel of the British Crown." the helm
of State was under the guide of an able ministry,
but who took council ofiheir passions rather than
of their reason. No dependence was, therefore,
to be placed on her ^ense of justice or intereat.
We must resort el last, to the ultima ratio rc-
gum, and we ought to prepare fur it.

Mr. Bibb wished foreign nations to know that.
unless they changed tbeir measures, we woulj
adopt some other measure. He wished the reso-
lution to be adopted, that the people of the Uoittd
States might know that the time was not far dis-
tant when a change of measure* would lake
place.

Ml. G. W. Camfbbll was ia favor of the reso-
lution. He wished the nation Io understand that
its Representatives would meet here at an early
period ; that they would meet the day of danger,
and be ready to take stronger measures, tit
cared not how soon foreign nations knew iL It
was high time that they should know it. Mr. 0.
adverted to Mr. Dama'b observations, in relation
to the madness of the idea of the present Con-
gress declaring war. He observed that the gen-
tleman hud but a few days ago voted, that the
nation could not submit to the nlicts of the belli-
gerents. The gentleman bad also expressed an
opinion, that the attack on the Chesapeake was
cause of war. He could not. therefore, suppose
that to resist by war these accumulated iajoriea
would appear strange to the gentleman.

.yGoogIc

HISTORY OF CONGRESS,

1030

jAHVAmT, 1809.

H. opR.

Mr. TaoDP wan in favor of the resolutioD. He
regretted not Rny effect it would hare on foreign
natioDs. If Qreat Brilaio had ralher liaTF war
thao embargo, aaid be, let her hare it; and let
her see that we can be as formidable to her, as an
ad rersarf in war, as we are as a rival in peace.

Mr. Bacon supported the reiolutioa. He said
he had gireii rotes at tbe present session which
he should have given with reluctance, but for the
belief that an extra session would take place; and
meaaures were now pending- before tne House,
for which be should vote with reluctance, but
under this expectation.

Mr. Efpes said he was not for adhering to the
embargo until December; hedidootbeliereihat it
would comport with tbe honor or interest of ibe
United States to adhere to it so long. He had
declared b; his vote that he would not repeal the
embargo on tbe fourth of March, and he was still
of the same opioiaa. Bat Ions before the Srst of
December, be said, he should be prepared to sub-
stitute another measure in its place.

Mr. J. Jacebon expressed nearly the same aea-
ttmenis as Mr. Bppes. He did not know whe-
ther it would be proper to continue tbe Hubargo
longer than the first of June.

Mf. Dana observed, that this nation would
never go to war, except the objects for which it
went to war were distinctly marked and defined ;
because a war would not otherwise be popular ;
and a war declared by this Qovernment, to be ef-
fectual, must be followed by the general sense of
the people. Mr. D. examined some of the points
in controversy, and made some observations in
relation to the principle, that the Ameriaan flag
should protect ell pe/sons sailing under it.

Mr. Alexander moved that the resolution lie
OD the table.

Mr. TAVI.OR was in favor of the resolution.
The invasion of Canada could not be authorized
without an extra session, nor regular force suffi-
cient for offensive operations he organized. Tbe
object for which the nation mi^ht now justly go
ID war was suQiciently defined. The eealleman
himself (Mr. Dana) bad, by his vote, declared it,
and the nation bad followed theii Represeniaiives
JD the declaration.

Mr. N[eBoi.A8 said be had thought, and still
believed, tbe embargo lo have been the best mea-
sure which could have been adopted. It had an-
swered every purpose as a precautionary measure ;
and he believed it would have operated coetcively
on the principal aggressor on our rights, and in
■aying so he had no fear of being accused of un-
due partiality, if every man in the nation had
been faithful to bis country, and bad it not been
for circumstances which we could not control.
Those who had violated the embargo, those wbo
had encouraged violations of it, he said, were re-
sponsible for its failure, if it did fail ; those wbo
told the people thai it was to subserve the inter-
ests of the Soath ; that it was intended to destroy
commerce and promote manufactures. Nothing
but extreme ignorance could have produced sucb
an idea; for manufactures neither did nor could
exist to any extent in the country whose interests

were said to have been intended to be promoted.
He thought that Congress ought to meet about
the 15th of May or 1st of June; that tbe em-
bargo ought to be continued until the country-
was in a state of defeoce, and until means of oi-
fence were at hand.

The question on the resolution's lying on the
table was negatived — ayes 19. The question on
the resolution was carried — 62 lo 31.

MoHOAr, Jaouary 0.

Another member, to wit ; John Rowah, from

Kentucky, appeared, and too^ hi* seat in tha

On motion of Mr. Stoby,

Retolved, That the Committee on Foal Offices
and Post Roads be instructed to report a bill lo
ibis House, authoriziogthe transmission, by mail,
free of postage', of the President's MesMge of the
twenty-third of December last past, and the doc-
uments accompanying the same, which have beea
printed by the Senate and House of Represente-

Qii motion of Mr. G. W. Campbell,

Ordered, That the Committee of Waj^s and
Means, to whom-was referred, on the thirtieth of
December last, a petition of sundry mariners, late
masters and mates of vessels bcloaging to the port
of Portland, In ihe district of Maine, be discharg-
ed from the consideration of the same.

Mr. Lewis pre&ented a petition of Marsban
Waring, and others, inhabitaikts of the District of
Columbia, praying that all executions which have
been or may be awarded against the petitioners
and other inhabitants of tbe. said District, may be
stayed during the continuance of the embargo
and n on -intercourse laws of the United States;
Of, that such other relief may be afforded in the
premises as to tbe wisdom and justice of Con-
gress shall seem meet. — Referred to the Commit-
tee for the District of Columbia.

Mr. Nelson, from tbe committee to whom was
recommitted the bill for the relief of the infirm,
disabled, and supecannualed officers and soldiers
Bf tbe late and present Army of the United
States, reported several amendments thereto;
which were read, and ordered lo lie on the table.

Tbe House proceeded to consider the amend-
ment of the Senate to the second amendment pro-
posed by this House to the bill sent from the SeO'
ate, entitled "An act supplemental lo an act, enti-
tled 'An act for extendm^ tbe term* of credit on
revenue bonds, in certain cases, and for other
purposes:" Whereupon,

Reaolved, That this House do agree to the laid
amendment to the amendment.

NAVIGATION LAWS.
Mr. Dana said that, by the present laws of iba
United Stales, it was not necessary that an Amer-
ican vessel should carry a single American sea-
man. His object was to make some provisioa
directly for the interest of American seamen, and
which might incidentally contribute to their pro-
tection at tea. He wished to make it (he iniet-

.yGooglc

1081

BISTORT OF CONGRBSa

H.OPR.

Naval Establit\jnertt.

Jandart, 1809.

eit of American merchanis lo employ American
•eamen. And, with these views, lie offered ihe ;
following reaoluiion :

Kaolted, That, for Ihe benefit ol the •eamen of the
United Stale), it ii proper to make proviaion (hat Ame-
licao legiateied vciaeU, afler a time to be limited b^
bw, aba1[ not continue to enjoj the benefita and priti-
legea of American Tenela, untew loniB of the marinen
on board Ihe aaitia aball be citiiana of the United
SUtei.

Mr. D. observed that, during the present au»-
pension of navigatioo, it might be proper to adopt
RgulatioDS of a permaDenl nature, lo go into
eflect wbenerer it was reEumed. He moved ■
reference of the resolulioD to ■ select commillee,
Wiib liberty to report by bill or oiberwise.

On the sugirestion of Mr. D. R. Williams,
iriih the oonseni of Mr. Dana, the resolutjon was
ordered to lie on the table.

Mr. Dana then observed ihaibe wiihed to as-
certain Ihe whole number of naturalized seamen
in the United States. He believed ihnt, in the
•nnnal returns of seamen registered, a distinction
was made between native and naturalized sea-
men. He conceived, therefore, thai the following
reaolution would enable him to attain his object:

St*olvtd, That the Secretary of State be directed
to la; before this Home a itatement of the whole
nnniber of penona born in foreign countries, and le-
gmll; admitted cititena of the United States by natuial-
iiation, who have been regialered ai American ■eamcn
■nd rettirned as such to the Department of State, ac-
oording t0 the lists collected by the collectora of the
e— tama, in puraQance af the law relative to the reUef
•■d protection of Aineiican aeamen.

The fesolntion was agreed to,

NAVAL ESTABLISHMENT.

The ameDdmenta of (he Senate to the bill seat
from the House for employing an additional num-
ber of aeamen and marines, wereiaken up. [The
amendments propose the immediate aririinz, man-
ning, Slo., all the armed vessels of the United
Bute*,]

Mr. G.W. Campbell expressed a hope that
the House would disagree to the amendments.
The President was already authorized by law to
fit out these vessels, whenever, jo his opioicn, the
public serviee should require ri; and the expense
which would attend them was • sufficient argu-
ment against it, if no urgent occasion existed for
their service, which he believed did not.

Mr, Btory entertained ■ very different opinion
from that of the gentleman from Tennessee. Jn
ease of war there must he some ships of war of
<me kind or other; and it would take six months
at least to prepare all our ships for service. At
present ihey were rotting in the dockti. If it
were never inlended lo use them, it would be
better to burn them at once than to suffer them
to remain in their present lituatioo. He believed
if out at sea they might be useful and would be
well employed. Why keep them np at this place,
vrhenee ihey could not get oot of the river per-
hap* in three weeks or a month? He believed
thai B naval force would form the roost eflectual

frotection to our seaport) that could be devised.
art of our little navy was suffered to rot in ibe
docks, and the other part was scarcely ab!e to
keep the ocesii. Could not a single foreign frig-
ate enter almost any of nur harbors now and bat-
ter down our towns? Could not eveo a single
gunboat sweep some of them? Mr. S. said
he could rot conceive why gentlemen should
wish to paralyze the strength of the nation by
keeping back our narai force, and now in particu-
lar, when many of our native seamen (and he
was sorry to say that from his own knowledge he
spoke it) were siarriog in our ports. Mr. S.
enumerated some of the advantages which this
country possessed in relation to naval force. For
every ship which we employed on our coasts, he
said, any foreitro nation must incur a double ex-
pense to be able lo cope with us. The truth was,
that eentlemen well versed in the subject, had
calculated that it would require, for a fleet com-
petent to resist such a naval force as the United
Siaie< might without diiBcuIly provide, four or
Ave hundred traospnrt ships to supply tliem with
provisions, the expense of which alone would be
formidable as a coercive argument to Ureal Bri-
tain. He wished it to be shown, however small
our naval force, that we do not undervalue it, or
underrate the courage and ability of our seamen.

Mr. Cook followed Mr. Story oq the same
side of the question. He compared the nation to
a fortress on which an attack was made, and the
garrison of which, instead of guarding the portal,
ran opon the battlements to secure every small
aperture. He thought their attention should Grst
be directed to Ihe galea, and that a naval force
would be the moat efficient defence for out ports.

Mr. D. R. WiLLiAiM called for the yea.i and
nays on the araeoilmenia.

Mr. Smilie said that raising a naval force Tor
the purpose of resisting Great Britain, would be
attacking her on her strong ground. If we were
to have a war with her on tlie ocean, it could only
be carried on by distressing her trade. Neither
did he believe that these vessels of war would be
of any effect as a defence. They did not consti-
tute the defence on which he would rely. If we
had a Davy, it would form thestron^est lemptatioa
for attack upon our ports and harbors. If Deo-
mark bad possessed no navy, Copenhagen would
never have been' attacked. The only way in
which we could carry on a war on the ocean to
advantage^ Mr. 8. said, would he by our enter-
prising citizens, giving them sufficient encourage-
ment. Were we to employ a naval force in case
of war, it would but furnish our enemy with an
addition to her navy. He hoped the House would
disagree to the amendments of the Senate and
appoint a committee of conference.

Kfr. Dana said that the ameodtnenis sent from
the Senate presented a i]ue:<tion of no small im-
portance to the nation. Without expressing aoy
opinion on the i^uestion, it appeared to him to be
at least of sufficient importance to be discussed in
Committee of the Wnole. Coming froro the
other branch of the Legislature, and neing so in-
leresting lo the nation, be wished that it might

.yGoogIc

HISTORY OP CONGRESS.

Janoakt, 1809.

HokU EatalilMtiieat.

H.OVR.

be diteuwed fsirlyBodrultr; ami, therefore, morad
a reference lo a Commiliee of the Wbole.

Messrs. Dana, Tallhapqb, and Stobt, urged
a refervDce lo a Commiitee of the Whole, on ac-
count of the great importance of the subject, on
which ■ full discussion would be proper; and
Messr*. Macon, G.W.Camfbell, aod Holland,
opposed it. because the leamen proposed bj the
onginal bill were aow wanted, aod the subject of
(he aiDeodment was already referred to a Com-
miliee of the Whole in a distiael bill. Motioo
lost, 58 to 55.

Mr. Macon observed, ifaal the immediate ei-
pense of this arrangement, if agreed to, would be
at least five or six mitliom of dtJIars, and but
four huodied thootond were appropriated by the
bill. When be compared this bill with the report
of a select commiitee made totbe House of Rep-
reseataiiTcs, he said be was aitooisbed. A part
of that report was a letter from the Secretary of
the Na*y, in which tbe rery number (two thou-
saod) conlaioed in the bill aa ii went from this
House, was desired. Mr. M. adreried to the
observation of Mr. Stoby, that it would cost
Oreat Britain as much to keep one frigate as it
\rould qoit us to keep two. He thought the ex-
pense would be about equal. The eiptnse of the
t ran spot talioD of provisions would be counter-
balanced by the difference of expense between the
Cy of tbe British and American seamen, the
;ter being doable of the former generally. He
objected to this bill from the Senate because no
estimate aecompaoied it. He thought ihey would
go far enough if they gave the departments all
that they aaked. This House had indeed as much
light lo judge of the force reqaisite, as any other
department; but he did Dot wbb to be called
Upon to tuppljr a deficit in the appropriation,
Tahich never failed to occur even in the ordinary
Appropriations for the Navy Departtoent. Give
ihe four hundred thousand dollars asked for, and
tlie deficit in the appropriation will be at least tea
times the amount of the sum appropriated.

Mr. Cook contended strenuously in favor of a
naval force. He detailed the adrantages which
-would accrue to the nation from a few fast sail-
ing frigates. He said they were essentially ne-
cessary to defence. He expatiated on the diffi-
culty with which any foreign Power could main-
tain a force on our coast.

Mr. Holland did not profess to have much
Juowledge on ihis subject, but he said it did not
requite much to overthrow the arsuments of geo-
tlemen on the subject. What defence a few frig-
ates would be to the extensive coast of this coun-
try, he coald not understand.' There certainly
never had been a time when this country should
rely on a maritime force asasuSeient protection.
Indeed, be said, if we had fifteen or twenty or
more sail'of-t he-line, he should hesitate mncb be-
fore he would go to war with Great Britain, be-
cause these would undoubtedly be lost. Our
power of coercion was not on the ocean. Great
Britain had posseuioDs on this ConiiDent which
were valuable to ber ; they were in the power of
4ke United States, lod tbe way to eoetce her to

respect our rights ou. water would be alladting
them on land. He said, he certainly did not un-
dervalue tbe disposition and prowess of our se^
men; and it was because he valned them, that
he did not wish them to go into an unequal oon-
lesl. in which they must certainty yield. G^d-
tlemen might ondersiand naval nialters; but it
was no reason that they should therefore nnder-
■taod tbe efficiency of a naval force. There waa
sufficient evidence in history to warn the United
States against it.

Mr. Dawson moved that the bill shoold lie on
the table till the amendments of the Seriate could

n Alexander, Lemuel J. Alilon, Williua

Kper, Samuel W. Dsna, John Davenport, Jan., John
iwson, William Ely, Meshack Franklin, BsrentGiT-
denier, Uhsrlee GoldiborouBh, Imish L. tireen, JohB
Harris, Wiliiaixi Heima, Rauben Haniphre;i, Hiahard
Jackson, Philip B. Kay, Joseph Lewis, jnnior, Williaaa
McCreei7, Jonathan O. Moiely, Bogor Nelaon, Jacob
Richatds, Samuel Hiker, John Ronan, John Rnssel^
Samuel Sbaw, Jamea Sloan, Joseph Story, Samuel
Taggart, Benjamin TaUmadgs, John Thompson, Jabaa
Upham, James I. Van Alen, Philis Van Cottlandt,
Nioholaa Van Dyke, and Daniel C. Verplanek.

Nats — Willis Alston, junior, £iekiel Bacon, David
Bard, Joseph Barker, Bunrell Baaaett, John Blake, jr.,
Thomu Blount, John Bojie, Bobert Brown, William
A. Burwell, Joseph Calboan, George W. CampbeU,
Matthew Ctay, John Clapton, Richard Cults, Joslall
Deane, Joseph Deaha, Daniel M. DureU, James Elliot,
John W. Eppss, William Findlev, James Fisk, Fran-
cis Gardner, James M. Garnetl, Thomas Gholson, jr^
Jamea Hollsni], David Holmes, Benjamin Howard,
Daniel Ililef, John G. Jackson, Richard M. Johnson,
TboQiBS Kenan, Willism Kirkpatrick, Edward St. Loa
Liiermoie, Edward Lloyd, John Love, Hatihen Lyon,
Nslhanisl Macon, Robert Marion, Jaiiah Moaten,
William Milnat, D. Montgomery, jr., John Montgome-
ry, Nicholas R. Moore, Thos. Moore, Jeremiah Morrow,
John Morrow, Gordon S. Mumtbrd, Thomas NewboM,
Thomas Newton, WiboB C. Nicholas, Timothj Pil-
kin, junior, John Porter, John Pngh, John Raa of
PennsyWsnia, John RheaofTennesaee, Matthias Bieb-
anls, Lemuel Sswver, Dennis Smelt, Johii Bmilie, Jad-
edish K. Smitb, Henry Southard, Riehard Stanfcrd,
Willism StsdmsD, Clement Storer, I<ewis B. Stnrgea,
Peter Swart, John Taylor, Abram Trigg, George H.
Troup, Jease Wharton, Robert Whilehill, Isaac WU-
bouT. David R. WUliama, Aletandsr Wilaon, and Na>
than WUaon.

Mr. Trocp said -he rose but for the purpose of
staling facta which struck him aa haing applica-
ble to the subject before the House. Me referred
chiefly to an extract of a letter written to himself
and published in the paper of to-^ay. [Mr. T.
then read the extract which appeared in the Na-
tional Intelligencer on the 9th instant.] In addi-
tion toiheseTactB,letiershadbeenreceived,iBth«
course of this morning, eoniaining further par tio-
ulars, which he b^ged leave to state to the Hoase.
After the officer (commander of a British armed
vessel} bad baen forced on board bia rcMct. ui

.yGoogIc

1035

HISTORY OF CONGRESS.

1036

B.orR.

Naval Bttablishm^nt.

Jahitart, 1809.

vfaile IfioK ID OUT waten BDd wiihJD our jaris-
diciioD, be had fired several shots at pilot- botts,
pataiog and repassing, had bren very tbusive, and
threatened the town with whai he called ven-

Seancej aod, in addiiion to these facts, letters
ad reacbrd Ssvannah from Liverpool, giving
MiisTaclorf inrormaiioD tbai vetseU of fifteen or
twenty guns hid been (illed onl for the purpose
of farcing a cotton trade with South CaruHna
cad Georgia. Tfiii informalioTi, Mr. T. taid,
came from unquestionable authority. Anditwae
because be was UDwiUing that the people of this
country should longer submit to the abuse of
British naval officers; because be was unwilling
that they should be exposed lo the insolence of
every British commissioiied puppy who chose to
insult ut; because be was unwilling that irmed
TesselsshQuldforcea cotton trade, when every man
knew ibat nine-tenibs of the people of Georgia
would treat as traitors the violators of the emuir-
go ; it was for this reason that be was disposed to
vote for the amendments from the Senate. The
great objection which had been taken to ibem
was the expense which they would produce.
BcoDoroy, Mr. T. said, was a good thing in time
of praee ; but if this cODiracted spirit of eeoDO-
my predominated in our war councils, if we were
forced into a war, so help him God, he would
ralbei at once tamely submit our honor and inde-
pendence thau maintain them in this economical
way. If we went lo war, we ought not to adopt
little measures for the purpose of eiecutiog ihem
with little means; neither should we refuse to
adopt great measures, because they could not be
executed but with ercat means. It was very true
that, in war as well as in peace, calculation to a
certain extent was necessary; but, if Ihey once
resolved on an object, it must be executed at
whatever expense. He was no advocate for stand-
ing armies or navies, generally speaking; but, in
discharging his duties here, he must be governed
by the circumstances of every case which pre-
tented itself for bis decision, and then ask him-
self. Is it wise, politic, and prudent, to do this or
omit tbati He said he would never go back lo

Jesterday to discover what he bad then said or
one, in order to ascertain what he should now
do Of say. Political conduct must depend on cir-
cumstances. What was right yesterday might
be wrong to-day. Nay, what was right at tbi
moment be rose to address the House, might, en
this, be palpably wrong. Conduct depended oi
events, which depended on the folly orcapiice of
men ; and, as they changed, events would change.
It might have been a good doctriqe long ago that
ihia country ought to bave a navy competent '
cope with a detacbment of the British navy ;
might have been good doctrine then, bat was
.ahocking doctrine now.

At that time England had to conlend with the
navies of Russia, Denmark, Ftbdcc, Holland.
Spain, A.C. Now England was sole mistress of
the ocean. To fight hei ship to ship and ms ~ '
man, and it was impouihle that gentlemen cuum
think of fighting her otherwise, if they fought her
at alL we must build up a huge navy at an im-

mense expense. We mtisi determine to become

less agricultural and more commercial; to io-
I debt of five hundred or a thousand million

of dollars, and all the loans and taxes attendant
uch a system, and all the corruption atiend-
Dn ihem. He should as soon think of em-

barkias an hundred thousand men for the pur-

Eose of attacking France at her threihold, as of
uildingso many shipsto oppose the British navy-
It was out of the question ; no r&tiooaJ man conld
think of it. But that was not now the question. It
was. whether we would call into actual service
the little navy we possessed. It was not even a
question wbeiber we would have a navy at sll or
not. If that were the queetioii, he would not hes-
itate lo say that even our present political eondi-
lion required a navy to a certain extent, to pro-
tect cur commerce against the Barbary Powers in
peace, and in lime of war for convoys to our mer-
chantmen. He only meant a few fast sailing
frigates, such a navy as we have at present, fot
the purptjse of harassing the commerce of oui
enemies also. He Iheiefore thought our present
naval force ou^ht to be put in service. As far as
the appropriation (S400,0t}0) would go, it wonld
be employed; but if Cobgress should hereaflet
tee cause to countermand or delay the prepara-
tion, they wonld have it in their power to do so
by refusing a farther appropriation.

Mr. D. R. WiLLUKB said it was his misfortane
lodifierwith gentlemen upon all points o A the
subject of the navy. He was opposed to it from
stem to stern ; and gentlemen who attempted to
argue in favor of it at a matter of necessity, in-
volved themselves in absurdities, they were not
aware of. When money had been appropriated
for for lificat ions, there had been no iniimaiioB
that it would be necessary to prop them up with
a naval force. If ntir towns could not be defended
by fortifications, he asked, would ten frigates de-
feud them? The gentleman from Massachusetla
(Mr. Stohv) had even gone so far as to say that
a single sunboat could sweep one-half of our htir-
hats. Il a ningle gunboat could now sweep most
of our harbors, Mr. W. said he should like to
know what eleven hundred and thirty vessels of
war could do, even when opposed by our whole
force often frigates! The gentleman from Mas-
sachusetts had said it would ba cheaper to keep
these vessels in actual service than in their pres-
ent situation. Mr. W. said he supposed that the
geuilemen meant that they would rot faster in
their present situation than if they were a( sea.
He said he was fur keeping them where they
were, and would rather contribute to place them
in a situation where they would rot faster. Mr.
W. combated the arguments that employing the
navy would afford relief to our seamen, and that
the maintaining a navy on our coast would be
more expensive to an European Power than the
support of a larger naval force by us. And he
said we should never be able to mao any consid-
erable fleet except the Constitution were amended
to permit impressments, following the example of
Great Britain,

The gentleman framMa9sachuseitf(Mr.ST0Br>

.yGoogIc

HISTORY OP CONGRESS.

1038

Janoakt, ]

Naval EsiabliskmeTtt,

H.opR.

had Mid that except we began with this bill, and
got his fast aailiuK frig&ies, we should never re-
fCSLia our rights. If that. were really the case, Mr.
W. said be was ready to abandoD them. He
consideTed that the sort of maiDieaance of our
right* adverted to by the geallemen from Mas-
sachusetts, would be desiTuciire to those righta.
GentlemeD must hare forgotten that wheo Ham-
burg was in the greatest state of prosperity, she
did not prosaess eren a aiagle gunboat. Why!
(bere was not wealth enough in this whole na-
tioD, if every one were to carry his all, thus to
iDaintaia our rights against the navy of Great
Britain. If we were carried into a war, and
everything really seemed to be lendintc that way,
we must rely apon the enterprise of our citizens;
and that, wneii set at liberty, would be found
more desperate than the navy of any country.
When we arrived at the end of the Revolutionary
-war we bad bat one frigate, and the best thing
we ever did was to ^ive that one away. The
State of South Carolina bad not yet got clear of
the curse. She embarked oue frigate in thegen-
eial struggle, and she had not rid herself of the
debts iacurred by it yet. Private enterprise must
be depended upon. The people from the East-
ward had shovra in the last war what they would
do. When veeseli were loaded with sugar they
would Seht like bulldogs for it. He recollected
a story. ^e said, of one of our privateers being
beat off by a Jamaicaman, whom they attacked.
The captain not liking to lose ibe prize, and find-
ing his crew disheartened, told them she wasfutl
of sugar. "Isshe1"said they " by G — diet us
at ibem again." They scarcely ever failed in
their enterprises.

In allusion to the case at Savannah, Mr. W.
r^retted that an in^tult should be offered to the

Eeople of the country. The insult at Savannah
ad by thia time been redressed, he had no doubt.
He bad no information to induce him to believe
10, but the knowledge [bat the sloop of w^r Hor-
net was stationed off Charleston, and of course
cruised near the place. The Hornet was per-
fectly Adequate to drive any vessel of twenty guns
Qiit of our waters. She was one of the best ves-
sels of the United States, and as well officered as
any. [Mr, TaoCP observed that the Hornet was
off Charleston. Now, he wanted a frigaie,at Sa-
vannah.] Mr. W. said that Savannah was the
very place where gunboats would be perfectly
effectual. Hemeaat to make no reflection against
the proposer of the gunboat system, but be did
against those who had only given onC'half of the
aystem, and omitted the other — the marine mi-
litia. And now, when an attack was menaced at
Savannah, gentlemen wanted a frigate I If nine-
tenihs of the people were opposed to the evasions
of the embargo law, Mr. W. said it would not be
evaded. The evaders would be considered as
traitors — as the worst of traitors. As to preparing
a force for the protection of navigarioa, the gen-
tleman from Georgia must well know that the
whole revenue.of the United States would not
be competent to maintain a auCBcieut number of
Teasels to coDvoy oor mercbantmen.

Mr. W. coDclad«d by saying, that he wished

the nation to be protected, and its wrongs to be
redressed ; but when he reflected that at Castine
the soil had been most abominably violated, he
could not view the Insults in our waters as being
equal to it ; for, said he, touch the soil and you
touch the life-blood of every man in it.

Mr. DoHELL considered the present subject as
one of the most important which had been intro-
duced at this session. It would indeed be difli—
cult to reason gentlemen into a modification of a
principle to which they were opposed throughout;:
but he trusted that this House was not generally-
so disposed. He believed that a large majorily-
of the House were at the present moment in favor
of embargo or war, because the House had been
so distinctly told by a committee on our foreign
relations, that there was no alternBiive but sub-
mission ; and almost every gentleman who bad
the honor of a seat within these walls, had' com-
mitted himself on the subject, either to persevere
in the embargo, or to resort to war. What would
he the object of a war? Not the right of the sol),
not our territorial limitn. but the right of navi-
gating the ocean. Were we to redress those
wronss, those commercial injuries, on the land 1
Not altogether, he coneeived. Would it be good
policy, he asked, to let our means of carrying on
war on the ocean rot in our docks, and not make
Use of them 7 These vesMls would also be use-
ful as a defence. Why then should they not be
manned and pot in readiness for service? It was
said that w'e could not cope with the British navy.
Mr. D. said this argument proved too much, if it
proved anything. If be did not feel perfeciljr
comfortable in a cold day, should he therefore di-
vest himself of all clothing? Why send out the
stoop of war Hornet, alluded to by the gentleman
last up — why rely upon it for redressing the insult
at Sarannah, if naval force was useless 7 It was
no reason, because Great Britain had more vessels
than we, that we should not use what we had.
Indeed those gentlemen who objected to naval
force, appeared to be mostly frina the interior, and
of course could not properly estimate its value.

Mr. Sawver was wholly opposed to the amend-
ments from the Senale. The objection to this
particular increase of naval force on the score of
expense, was not to be disregarded. He called
the attention of gentlemeo to the state of the
Treasury. The expense of this system would be
three millions ; and when this sum was added to
other sums which would be requisite if measure!
now pending were adopted, it would render it ne-
cessary for Congress now to borrow money on tha
credit of posterity. Tbe.eipedient of direct tax-
ation would not be resorted to. It had already
been the death'hlow to Ibe political existence of
one administration. This Government, he said,
was founded on public opinion, and whenever the
approbation of the people was withdrawn, from
whatever cause, the whole superstructure must
fall.

Mr. S. dwelt at some length on the disadvan
tage of loans. He said, if this nation was des-
tined to raise a navy for the protection of com

.yGoogIc

1039

HISTORY OF CONGRESS.

H. OF R.

Naval EttabUthment.

laeree, it shouiil have begun earlier, io the yeat

1793, when Bucb ouirageous Tiolaiioax had been
comniitted oa our commerce. The expeote of
■uch an ealBblishmeQl would have far exceeded
the amount io value of eaplurei made sioce that
lieTJod. He concluded, from a numbei of obsei'
vatioDS which he made on this lubject, thai, on
ihe icore of the proleciioa of trade, it would Dot
he proper to fit out a navy. Tbi« proposiiioo, be
•aio, waa the mere euiering wedge. The sysiem
vas either uoDecesaary, or woulabewbolly futile
■a practice. Our seamen would coit us at least
double of what ia the expeose of her teamen to
Great Britain ; and it required her utmost eier-
tlonnto pay theintereetof theenormouii debt with
which tier unwieldy DBvy had saddled her. He
therefore certainly thought that an attempt to
justify it on the score of profit would cot succeed.
He deprecated ihe exleoHon of Executive patroo-
age, which would result from bd iocreaae of the
Naval Establishmem. Need he go back, be ask-
ed, to the time when the black cockade was ne-
eesbary, in some parts of the country, to secure a
man from insult from the uRicers ol the navy 7
He wished to limit the Executive patronage ; to
adhere closely to the maxims of our forefathers.
By sending out a osvy, too, he said, we should
volunteer to support the ascendeocy of the Brit-
iah navy, becom»the mere jackals of the British
lioD. Mr. S. went at some length into an esam-
inatioQ of the former Adminisiration in relation
to a Davy. There was nothing, he observed, io
the nature of our Government, or of our foreigti
relations, to require a navy. If we could not
carry on foreign .commerce without a navy, he

ished t

! les

commerce, of that commerce which the natural
advantages of the country would support between
different parts of it. If we were to build a navy
for the protection of foreign oommerce, We should
throw BWay our natural advantages for the sake
of artificial ones. He was 1q favor of the em-
bargo at present. There was more virtue in our
barrels of flour as to coercion ihaa inalltheguos
of oat navy ; and we had lately given our adVer-
■aries a supplementary broadside, which he hoped
would tell well. Mr, 8. stated the origin and
progress of navies at some length, comiuenciog
with the Republic of Genoa. Our chief reliancf
as to defence must be ou our mililia. So little
did Great Britain now rely go her navy for de-
fence of her soil, that she had called upon every
man in the country to be at his post, if danger
came. Other oations might bejusiiSedin sup-
porting ■ oaval force, because they had colonies
separated from them by. Ihe sea, with whom they
were obliged to have means of intercourse, but
we bad not that apology for a navy. Mr. S, con-
cluded bis observations, after speaking near bd
hour, not, be said, that he had gone ihrou(fh the
aubject ; but, as it was late in the day, be yielded
the floor to kome other gentleman.

Mr. J. G. Jackson said, that gentlemen should
not be iofluenced, in discussing the present ques'
tion, by a belief tbai they were now discussing
the propriety of raising a oavelforce for oflensive

purposes. This was not the quealion. It ira«
only whether, Bt this crisis, the House would em-
ploy a little force for the purpose of resisting^

lade t

The

from South Carolina (Mr. Wii.i.iams)
had said that an attack on the soil touched the
life-blood of every man in it. Yes, Mr. J. said.
it did; whether the invasion was on our jurisdic-
tion, on land or water, it touched equally the life-
blood of the nation. He would as soon resist an at-
tackooour territorial jurisdiction oa seaasoti land.
It made no diHerence with him whether t forei^o
frigate came up to the piles of Potomac bridge
and fired over into the town, or whether its creiw
came on shore and assaulted us with the bayonet.
The territory, he said, was equally invaded in
either case. Were we not to resist Great Britain
because of her 1,130 sail of armed vessels ? This
would amount to a declaration that we must suc-
cumb to her, because she could at any tioie seed
a squadron sufficient to destroy our naial force at
a single blow. This was the tendency of the ar-
Ciumeot. Mr. J. said it would be more honora-
ble to fight, while a single gun eould be fired,
notwithstanding her overwhelming force. This
mode of reasoniDg had a tendency to destroy the
spirit of the people. He would never cottsenl la
crouch before we were conquered ; this was not
the course of our Revolutionary patriots, and he
trusted it was one which we should not follow.
He would rather, like the heroic band of Leoni-
perish in the combat, although the force of

however, intended to cope with the navy of Great
Britain, but to chastise the petty pirates who tres-
passed on our jurisdiction; pirates, he called
■ hem, because the British Government had not
sanctioned their acts. Ic had not justified the
murder of Pierce, or asserted the right of juris-
diction claimed by an officer within the length of
his buoys, &.C., becaute, if site had, it would have
then beea war. For this reason he wished out
little pigmy force to be sent on the ocean, not-
withstanding the giant navy of Great Btiiain.
Some gentlemen had opposed this on the score of
expense. Our most valuable tteasure.Mr. J. said,
was honor; and the House had almost unani-
mously declared that it could not submit without
a sacriSce of that honor.

A motion wnsnowmade to adjourn, and carried
—47 to 29.

TuEsojir, January 10.

The hill sent from the Senate, entitled "An
act making a further appropriation towards eom-
pleciog the two wings of the Capitol at the City
of Washington, and for other purposes," was read
twice and committed to a Committee of the
Whole on Monday next.

Mr. NicBOi.Aa presented a petition of sundry
officers of the Virginia line of the late Revolu-
tionary army, praying that such eonipensatioa
may be made as may be equivalent Io the respec-
tive services and looses of tbe pelitioaers, in the

.yGoogIc

HISTORY OF CONORESa

Janhirt, li

Naval Egtabiithmttnt.

H.orR.

eapaeiif aforesaid.— Referred to the
appoinied, the Iweuiy'sisth aliimo, on the ni»-
morials aoj petiiioDs of (he late ofiieers of the
said ReTolutionary army.
»lThe bill sent from the Seoate, entitled "An act
lo authorize [be Marine Insurance Compatiy of
Alexaodria to alter their style and firm, and ia-
ture agaioit loss by fire," wai read twice and
conDiiiiited to a Commiilee of the Whole to-

On nioti'>n of Mr. Nelson,

Ordered, Tbat the aneadmeDts reported, yes-
terday, frqin the select cammittee lo whonr wa«
recoiDUHlied the bill for the relief of the inflrm.
disabled.aDdiuperannualed officers and soldiers of
the late and of the present army of tbe United
States, which Uy on the table, be comniiiled,
together with the bill, lo a Committee of the
Whole on Wednesday next.

Mr. Rbea, of Tenueiaee, from the Comtniitee
on Post Offices and Post Roads, presented a bill lo
auibotize the iransporiation of ceriain docuuieat),
by mail, free of postage ; which was read three
times and passed.

The Spbaebh presented to tbe House a repre-
seataiioD of sundry inbabit&Dta of Towniend, in
thecouDly of Middlesex, aad Slate of Massacbu-
aelts. aiaiine certain objeetiona to the manner of
appoiotiaK&leciors for President and Vice-Presi-
dent of the United Slates, by the Seoale and
House of RepreseDtatires ot the said State of
Idassachateits; and preying tbe interference of
the power* vested by ibe Constituiion in the two
Houses of Congress, to prevent the establishment
of a precedent which, in their opinion, will hare
■ daogeroos tendency ; which was ordered to lie
on the table.

On motion of Mr. Dana,

Resolved, That the Coajinillee of Commerce
and Manufactures be instructed lu inquire into
the propriety of amending the law lelsiive lo
bonds which may be reijuited for enrolled or
licensed vessels of tbe United States, wilh lesve
to reporl by bill or otherwise.

The House proceeded to consider aresolniioD
proposed, yesterday, by Mr. Dana, and ordered to
lie on the table ; tbe same being amended to reed
as follows:

Jlewbeif, That, for the benefit of the seamen of the
United Statea, it U proper to make provuian that r»-
giatered ships and Tesaela, after a time to be limited 1>7
law, shall not continue to enjoy the bene^ts and priri-
leges appeitainiiig to shipa or TeawU of tha United
Slates, unlewa cirtajn propoition of the marinen an
board tha same ihall be citisens of the United States.

Ordered, That the said resolution be referred
to Messrs. Dama, David R. Williahb, Qninnr,
Hdhfobd, and McCbeeb;, with leave to report
tbereoB by bill, or bills, or otherwise.

Mr. Lewis presented a petitioo of the Factor
and Corainillee of the Presbyterian Congrega-
tion, in the town of Alexandria, in baball'of ihem-
■elves And others, praying that an act of CongreM
may be passed for incorporating the consregatioo
■foresaid, under such terms and provi^on* as to
the wisdom of Congrea shall seem meet. — Re-

ferred to the Gommittw for the Dutrici of Co-
lumbia.

On motion of Mr. Van Hobn,

Jle»olved,Th*i the Committee forlbe District of
Columbia be instructed to inquire what amend-
ments are necessary in the act concerning the
District of Columbia.

NAVAL ESTABLISHMENT.

The House resumed the consideration of the
amendmenls proposed by the Senate to the bill,
entitled "Ad act eutbotiKing the appeinimeat
andemployment of an additional numoerof nary
officers, seamen, and marines." The first ameod-
meni, which was depending yesterday, at the lime
of adjournment, being again read —

Mr. Ltdh was in iaror of the amendment be-
cause it propomd an approprisiion of a less sum
of money than that sent from this House; and it
would require the Kxecntive to call upon the
next Houye of Representaiives for run her appro-
priation, before it could be carried into efieet, and
the sabject would then be completely in the power
of the House.

Mr. Upham was against tbe emendment. He
was as much desirous of relieving our seamen as
any gentleman; but, if there was no occasion for
the employment of a naval force, be would not
vote for if merely to employ idle and starving
.men. He considered ibis amendment as e part
of the great system for eoforciog the embargo,
for destroying commerce instead of protecting it.
He considerM the first embargo perpetual, and
Nos. I, 2, 3, and 4, for carryioa; it into effect, of
the tame nature ; and tbe law lately paiied, mor^
□nconsiilulJonal than any. He considered it the
worst law ever passed under ihe Constitution. '

[The Speaeek here called Mr. Upbam to order,
as wandering from the subject under debate.]

Mr. J. MottTOOHEBT observed that the phra-
seology of the law was dififereotfrom any other
law on this subject.

Mr. Ufham observed (hat he had not relin-
quished the floor. He considered the last embar-
go law as more unconsiiiuiional than any other.
[Mr. U. was called to order by Mr. Jackson on
the same grounds as by the Speaker.] Mr, U.
said ihal he went do the ground that the law was
UBConsiitutional, and ihat this bill was lo enforce
it. [The Speaker permitting Mr. U. lo proceed,
Mr. Jackson appealed from the deoision of the
Chair. This mode of diseuuion was not in or-
der. He did not, however persist in his appeal.]
Mf. U. proceeded in explanation of his remarks.
Mr. U. made farther remarks on the law passed
a few days ago, which, he said, he considered an
unconstitutional law; ibat it laid the aic at the
root of ciril liberty, an^ iberefort he would not
consent to vote for this bill for enforcing il. Be-
lieving the embargo laws to be unconstiluliooat,
and this bill intended to enforce ihem, be there-
fore would nnt rote for it.

Mr. MonTaoMEKT offered an amendment lo
the amendment of the Senate, making it discre-
tionary with the Execuiive to arm, fit, aad tead
out the frigates, &c.

.yGoogIc

1048

HISTORY OF CONGRESS.

Naval Ealabliikment.

Jahdart, 180&

Mr. LoTE obKTTed that tb« ftdoplioa of the
BmeDdTDent would render it difficult ii ascertain
the appiopriation which would be uecessary for
the objecl.

Mr. DjtwsON obiCTTed that a law already in
force, coDiaioed precisely the rame power Mjito-
posed by ibe BroeDdineui of the gentleman from
Maryland,

Mr. G. W. CiMFBELi. observed that ihe adop-
tioD of the Rmendment would not preclude tbe
President from putting the frigates in tervice im-
mediately, if required. He was witlinfc lo adopt
the amendmeDl, because a doubt leemed lo exist
whether the Ezeculive now pasBe»ed the power
of calling the frigates into serTJce. Without the
amendment just proposed, he could not vote for
the amendmeot of the Senate.

Mr. Cook hoped it would not be adopted, be-
cause it would aiveit the hill of the liille energy
it f assessed, and would render it nugatory.

Mr. Newton obierved that he rcprcKDted a
part of ibe country where, in case of war, an at'
tack would probably fir^t be made. To the de-
fence of this town, (Norfolk,) a few frigates
would be of {treat service. It was ibe opinion,
he said, of the best informed men that a fsw fri-
gates, combined with natural advantage*, would
preTent the town from suflering from attack by
■ea. Mr. N. believed that the PresiHent would
consider himself equally bound, whether the
amendment were adopted or not, if the bill, as
amended, should pass. He adverted to the argu-
ment of ezpense, which, he said, should ha of no
weisht. Mr. N. was proceeding in eorameating
*on ine meaaures of the preceding Administration,
in respect to naval force, when ne was called to
order by the Speaker. He said that this was not
a system for enforcing the embargo. It was ne-
cessar* to order our frigates from the Elastem
Brancn to the ocean, to protect our coasts from
insult. He alluded lo the affair lately taken place
at Savannah, and observed that, lo repel this spe-
cies of marauding, the Navy of the Uoiled Stales
ought to be at the disposal of the President. If
they were to decide on incurring an expense
which he considered necessary for preparation for
war, it might he'a means of preveBling war ; it
would couvince the nations of Europe, that we
were determined effertually 10 resist; would tell
them that if they wished lo resume relations of
amity with us, thev must make overtures, which,
when made by us, had been so insultingly receiv-
ed. From what he could understand, the people
of the United Stales looked lo Congress for vig-
orous measures,, and if such were not taken,
would be grievously disappointed. We, said Mr.
N., are the first whom the ntorm of war would
reach ; we, (his constitufnls,} are to be ibe 6rsl
sufferers, and we only ask of ihe Congress of Ihe
United Stales to enable us to make a glorious
defence.

Mr. Dana said he should think it rather more
expedient for the Congress of the United Stales
to decide this question. Which ever way the
President should decide, he might act wrong, in
the opinion of those particularly attached to him ;

and to those who were not, might afford gronndi
for censure. He thought it proper that th« new
President of the United Stales, be he whom he
might, should come into office under favorable
circumstanaes in relation lo public opinion. He
alluded to the difference of opinion, in different
parts of the Union, on the subject of naval estab-
lishments. It bad been supposed by some geutle-
men that there mifrbt be occasion for this force
in May or June. He said it would require con-
siderable time to furnish all the sails, rigging, Ac.,
for a vessel of war, at this place especially ; and,
if these vessels were necessary, it would be mote
correct that the House should decide this ques-
lioo, and not throw it on the President. How
ibe aroen^tment of the Senate ought to be decided,
he did not say.

The amendment of Mr. Montoohbkt wu
negatived, yeas 3D.

Mr. Tallhadob, circumstanced a* he was in
relation to the bill, could not vote for tbe amend-
ment of .the Senate. Siroagly in favor of hav-
ing Ihe frigalei removed from this place to some
place where they migbl be efficient, he wished a
bill for that purpose lo pass. This had been his
uniform opinion. An inducement with faim to
vote for this bill, Mr. T. said, was the present sit-
uation of iheseamen of the United Slates. But,
when he considered that we had upwards of oae
hundred and seventy gunboais — so great a pro-

Eortion-of this inemeacious mode o? defence —
e could not, in conscience, vote for it, nor evR
would. He spoke in a qualified sense ; for, in
all shallow waters, he would give to gentlemen,
as far as bis vole would go, the whole number
they wanted. Bnl, when he saw that this was
10 be the great aacal preparation, he could not
sanction It. He therefore moved to strike out
"and gunboais."

Mr. O. W. Campbell hoped the House wonld
not agree to the amendmeot, because it must di-
reciljr tie the hands of the Executive from em-
ploying the gunboats at all.

Mr.TALLHADOE said that was not bis object
Wherever ihey could be effectual, he was wJUing
to employ Ihem.

Mr. Newton was of the same opinion with Ihe
genilemrin from Tennessee. Qunboaia were aa
excellent defence for rivers, and for co-operation
with foriificalions. They were never intended
for sea. but to be used in amooih water. l.ei it
be recollected, said Mr. N.. that no man can say
how long we shall-have peace. Qentlemen from
every qnarler had declared that war must take
place, if reparation for out injuries were not
made. Recollect that the majority is responsible
for the situation of the coualry, and that it is
our duty to avert the impending storm. Were
ibey not to do it, he said, they would aubjecl
themselves to tbe imputation ef neglecting their
country.

Mr. Dana was opposed lo officering, raanning,
and employing, as soon as may be, all the gun-
boats. He was willing that they should be ready,
however; for, in smooth water* and rivers, the y
might be effectual. But, as to their aervice at

.yGoogIc

HISTORY OF CONG3RES8.

Jandabt, 1800.

Naval EttabluhmetU.

fR.

«e>, when they Btlempled to leiza reuel* viola-
ting the embargo, thef were caase of inirih ; for,
of everytbiiig whicti swam on the water tbey
were tbe laziest. Really, one of tbeae boats
cbasiDf( a Tast railing vesaet, was sonietning like
B aaait ebasing a VireioiB race horse. Mr. D.
was williog that all oflhem thould be teady for
aervice, but be was opposed to officering them;
for, of all places io which you can put a yuaug
officer, (hey are the worst. It wat Dot a situatioa
in which ihey would acquire that habit of com-
iDBod aud Tcspectable deportmeot which was
necessary for the respectability of our Navy.
Placed ID ■ lilUBlton in which every coaster
laughn at him, and the ungainly thing on which
be IS fixed, it certainly is not calculated to im-
prove an officer. Old officers might do well on
board these vessetd ; hui cuusider the severe trial
to which you put a youug mau, with do superior
over him, in tnose boats. Mr. D. dwelt at some
leogth on the disadvaotage to o&icrrs, dbc, from
being placed on board gunboats. If the gunboats
were ready for service, there would be po diffi-
culty in detaching a sufficient number of seamen
and Toluuteers to man them, on any emergency.
Kven of Tolunteers, there was no necessity that
tbey should be constantly employed. If you send
gunboats to enforce embargo laws, you mast gel
TCTenne cutters lo low them along. They are
perfect floating batteries; and, as to expense.
they were the most expeosire species of DiTai
force. Mr. D. believed that the law of last ses-
sion authorized the fitting out the guuboatswhen
public service required ; and, if Ibeir employment
became necessary, it would not need the sanction
of this law

Mr. Q.W. CAUPBELi. always understood that
tbe law already gave the same power in relation
to the euoboais as to the frigates, and no other.

Mr. Cook observed that, after so strong a vote
for building; ifuuboats be should scarcely expect
the House would refuse to man them; for, of
what use would they be, except tbey were man-
aedl

Tbe question on slriking out the word " guu'
boats" was taken by yeas and nays, and nega-
tived—yeas 28, nays 93, as follows:

TiAS — Epaphrodttu* Chsmpiim, Martin Chittrnden,
Samuel W. Dana, John Davenport, jr., William Ely,
Francia Gardner, James M. GarntCI, Charles Ooldsboi'-
ougb, Wiilism Helmi, Richard J ackaon, Philip B. Key,
JoMph Lewis, jr., Mstihew Ljon, Nathaniel Msccn,
Jonathan O. Moaely, Timotb; Pitkin, jr., John Ronin,
John Rusiell, James Sloan, Williaw Stedman, Lenis
B. StuTgBB, HbihubI Taf^art, Benjamin Tsllmadge,
Abram Trigg, JalKZ Upham, Nichalaa Van Dyke,
Kiltian K. Van Renuslaer, uid David R. WUlismF,

Nirs— Evan Alejander, Lemuel J. Alston, WiUis
Alston, jr.. Eiekiel Bacon, David Bard, Joseph Barker,
BurWFll Bassett, William W. Bibb, William Black-
ledge, John Blake, jr.. Thomas Blount, Adam Boyd,
John Boyle, Robert Brown, William A. Borwell, Wm.
Butler, Joseph Calbonn, George W. Campbell, Ms^
thew CIsy, John Clapton, Orchard Cook, John Cnl-
peper, Kchsrd Cutts, John Dawson, Joseph Deane,
Joseph Desha, Daniel M. Dnrell, JanMa Elliot, John
W. £ppaa, William Fiitdley, Jamea Fkk, Meshack

Franklin, Thomas Oholson. jr., Edwin Gray. Iiaiah
L. Green, John Harris, Jama Holland, Dsvid Holmat,
Benjamin Howard, Reuben Humphreys, Daniel Ilalej,
John G. Jackson. Thomaa Kenan, William Kirkpat-
rick, John Lambert, Edward Lloyd, John Love, Robert
Marion, Josiah Maatera, William M'Creery, William
Milnor, Daniel Montgomery, jr., John Montgomery,
Nicholas R. Moore, Thomas Moare, Jeremiah Mor-
row, John Morrow, Gordon 8. Mumford, Roger Nel-
<on Thomis Nenbotd, Thomas Newton, Wilson C.
Nicholas, John Pugh, John Rea of Fenniylvania, John
-*■ of Tennesaee, Jacob Ricbaide, Malthiaa Rich-
Samuel Riker, LemuBl Sawyer, Ebenezer Beaver,
Dennis Smelt, John Smilie, Jedsdiah K. Smith, John
Smith, Samnel Smith, Henry Southard, Richard 8(an>
ford, Clement Storer, Peter Swart, John Taylor, John
Thompaon, George M. Troup, Jamea I. Van Alen,
Philip Van Cortlandt, Archibald Van Horn, Daniel V.
Verplanck, Jnae Wharton, Robert Whitehill, Isaac
Wilbour, Alexander Wilson, Nathan Wilson, and
Richard Winn.

Tbe question recttrring oa the amendment
from the Senate,

Mr. DAtt* said he was placed in a situatioa in
which he approved one part of the proposition
presented to him, end disapproved of another.
He felt considerable hesitation in equipping the
fri^tes. because of tbe use to which ihey might
be applied by the Executive, viz : to enforce the
eroMrgo laws; to enforce which, in this manner,
he did not believe would redound to tbe credit of
the United States, because hedid not believe that
the effects would be produced by it which getitle-
men contemplated. Much greater danger there
was of a violation of the rignts of the people in
executing the embargo laws on land than on wa-
ter; and when command was vested in inferior
officers, much greater tyranny and insolence was
lo be expected than from superior tod respoosibla
officers. Employing frigates for the execution of
the embargo laws was the least unconstitutional
and the least objectionable of any mode. Ha
felt a regret that these laws should bb executed
by the navy. He feared that the navf might
be associated in idea with the laws which they
enforced, and thus give a prejudice against naval
force. But, nevertheless, he thought the oropTt-
ety of employing responsible officers overbalanced
this consideration. Another reason why he was
favor of equipping the frigates, was, because it
luld take some lime to prepare them, and if a
meeting of Congress took place in May or June,
it might he expected that tha embargo would be
removed, and then all the fri^^tes would probably
be put in service, before which time, if now or-
dered, they could not be prepared. They bad
been tying at the navy yard here, to rot- and be
repaired, to be repaired and roi again. Mr. D.
observed that, in fresh water, decay took place
more rapidly than in salt water; he wished to
send them to their natural element ; it would be
conducive to their health and long existence.
Another reason, he slated, why he should vote for
the bill : there was an idea amongst some gentle-
men, that there was a probability of war. He
had no idea of Congress, this session, declaring
war, beeanae they had made no preparaiioa for

.yGoogIc

1047

HISTORY OF CONGRESS

1048

H. ofR.

ffatal EttabiMment.

January, IBOB.

it. And if we were to mibe war, be cODceired
ihtt we should not do it like privates, bnt like
oEBcert; ibai it should not be a iilrif« of children,
but of men, and that preparation should be made
for it. Whenerer we had war, it must be for
maritime and not territorial rights ; and he had
BO idea of sbaodoning the very ground for which
we cODiended. Me was therefore willing loplRce
our frigates on the sea-coast. It wa< a very dif-
ferent question from (hat of ibe eslablishmenc of
a large navy. Had gentlemen considered the
importance of a naval force on our coast T Had
ibey considered the propriety of haTlng a force
cumcienE to repel insults in our harbors? Mr. D.
adverted to the superior advantages of our naval
•itmliun over that uf other nations which oouli'
Mnd t force on our coasts. He had said that hi
had no idea of eur declaring war ; neither had he
«ny idea of any of the nations of Europe declar-
ing war Rgaiasi us. Not a corporal's guard could
Oreat Britain send here, without sacrificing ob-
jects on which ber interest and honor depended ;
and the Emperor of France, whilst collecting a
force to resist ihe Iroops of Great Britain in Spain,
would he abandon his conquests and the preten-
aionsof his family, to send a force here, when
aucb numerous battalions could be arrayed against
themi Another thing: the seasons were against
their sending a force here for several months.
War therefore was not to be expected this session,
ncept, as had been said, it was a paper war, ano-
ther supplemental broadside, as a sentleman bad
observed; but that species of war, Mr. D. said, he
did not take into the question. If we were to have
war, he wished a. unanimity of sentiment to at-
tend it, without which it would be ioefiectual,
Whan this unanimity, the result of the exercise
of judgment by free and unbiassed minds, existed.
we need fear no enemy. This could not exist
when the people were called upon to be friends,
whilst gentlemen took the attiiude-of enemies;
when they were called upon to be friends with an
inainuation that they were traitors in their hearts.
He wished Ihi* langnase to be expelled from our
councils. Whatever difference of opinion might
exist on local concerns, with respect to foreign
nations, he thought we ought to show that we are
•II ready to maintain the cause of the country ;
and to insinuate a doubt of this conveyed a re-
proach. And men long habituated to reproach,
did not feel that impulse to honorable eSorl which
(hose felt who were not accustomed tti it. He
then adverted to the circomscance of one of the
greatest military commanders of aniiquiiy having
■elecled a regiment or battalion whose fidelilir or
courage he had donbted, and placed them in a
conipicuon* place on the field of baUle, appearing
tofilace eonndeace in them, and thns insuring
their good conduct. Mr. D. held up this example
to the aiientioQ uf gentlemen. He concluded, by
aaying that, because he wished to call into action
all the resources of the country, though opposed'
to a part of this an)«idment from the Senate,

ibis amendment, to get our frigatea from the aiek-
ly situation in which they were now placed ; to
gel them out of ibia state of embargo, and to re-
store them to health and freedom.

The question on the amendment of the Sen-
ate was ihen decided in the affirmative — yeas 6^
nays 59. as fallows :

Ysis—Ezdisl Bacon, Jiweph Bsrkar, Borwell Baa-
sett, John Blaks, jr., Matthew Clay, John Clapt4>a,
Orchard (^ook, Ricbsrd Uutia, Samuel W. Dsna, John
Dswsoa, Joaish Dasne, Daaisl'' M. Durell, June* £IJ-
hat, Williun Findlej, James Fisk, Francis Gardner,
Thomas Gbolaon, jr., Chulss Golilaborough, Isaiah L.
Green, John Harrii, VViUiam Helma, David Uolmaa,
Reuben Huiuphra; B, Daniel Ilsley, John G. Jackson,
Walter JoncB, Tfaomss Kcnin, Philip B. Key, Wil-
liam Kirkpnlrick, John Lambert, Joseph Lewis, jr.,
Edward St. Lob Livermore, Matthew Lyon, Josiah
Mailen, William McCreery, John Montgomery, Ti'i-
cholss R. Moore. Jonathan 0. Moaely, Gurdon S.
Mumford, Thoross Nswbotd. Thomas Newton, WiUon
C. Nicholaa, Timothy Pitkin, jr., Bamnel Riker, John
Russell, Ebeneier Sesver, Jsme* Blosn, Dennia Smelt,
Jedediah K. Smith, John Smith, William Stedman,
Clement Btorer, Lewis B. Slorgea, Peter Swart, Jidia
Thompson, George M. Tronp, Jamet L Van Alen,
Philip Van Cortlsndt, Nicholas Van Ihte, Archibald
Via Horn, KiUisa K. Van RansaelaaT. Duiial C. Vet-
planck, IiBBc Wilbonr, and Nsthan Wilsaii.

Navs — Evan Aleiandai, Willis Alaton, jr., David
Bard, William W. Bibb, WiUiam B I ackledge, Thomas
Blount, Adam Boyd, John Boyle, Robert Brown, Wil-
liam A. Burwell, William Butler, Joaeph Calhoun, O.
W. Osmpbell, Epaphroditus Champion, Martin Chit-
tenden, John Culpeper, John Davenport, jr., Joseph
Deshs, William Ely, John W.Eppeg, Meshack Prank-
■■ ■ mes M. Garnctt, Edwin Gray, John Heiater,
Holland, Benjamin Howard, Richard Jackaon,
Richard M. Johnson, Edward Lloyd, NstbaDiel Macon,
Robert Marion, Wiliiam Milnor, Daniel Montgomery,
jr., Thomas Moore, Jeremiah Morrow, John Morrow,
Roger Nelson, John Porter, John Pngh, John Raa of
Pennsvlvanis, John Rhea of TennesMe, Jseob Rich-
srds, MatUiiaa Richards, John Rowan, Lemoel Bsw-
yoT, John 8milie,'8>Bnel Smith, Henry Sonthard,
Richard SUnford, Samnal Taggart Banjamin Tall-
madge, Jahn T^lor, Abraia Trigg, Jabea Upbam, Jesae
Wharton, Robert WUtehil), David R. WjUiaBs, AJax-
snder Wiiaon, and Bichud Wina.

Mr. O. W. Cauphell called for the ytm* and
nays on the nbit amendment, rdative lo the num-
ber of seamen, dec.

Mr. D. R, Williams said he would give all hi*
ennhly goods, if the last vote could be recalled {
for hcvalued property and life less than the lib-
erties of the country, whieh be believed Would be
destroyed by the coniequ'ence of that vole. He
believed that they had prononn'ied against a man
whom he had alway.i censured, when he ihongbt
he had acted improperly, but who had done great
and important services lo the country— the Presi-
dent oi the United States — a censure which he
did not merit. What was this force for 1 Tbose
who were desirous of war were perfectly consist-
ent in voting for it ; but for those who wished for
peace, it was the worst thing that could have
happened. The first thing done hy this navy
wotild be t« eeMch out a British fhgale, wiil !••

.yGoogIc

1049

mSTORT OP CONGRESS.

1060

JannART, 1809,

?hval EitabttMhrntnt.

H. <

venge the outrage on the ChesRpeake. But s abort
time would elapse before it would involve us in
'nrar. He hoped a disagreetneot to the pieseDt
aiDendment would lake place, so as to defva: the
objector the bill; he hoped so, because he was
zealous to preserve peace.

Mr. Nelson said, that be was oot oT the mi-
ooritjr on the question just lakeu ; he wished that
the decision had been different ; but the dpcision

a. necessary consequence of having adopted (he
first.

Mr. MAaTERS said that if justice were not
done to this nation, we ouirhi to go to war, and to
be prepared for it. He thonght there could have
been no diSereoce of opinion on that point. The
only question had been, whether the embargo was
the proper measure. The moment that Oreat-
Britainlaid a (ax on us, if not witbdrawo. it was
a cause of war. He had never enteiiained a dif-
ferent opinion. He then went into eianiinalion
of the propriety of possessing some rrign(es, and
declared himself much pleased a[ the voie just

Mr. Dana had no idea of throwing a censure
on (he President of (he Uoi(ed Stales, by voting
for this hill. Congress had (he power to raise and
support armies and navies; and It bad been doubt-
ed whether any discretion should ever be given
to the Executive on the subject. He had though(
that a discTe(iDn might be given, but in this case
he had thought it proper that Congrpss should ex-
ercise this right. He undersmoJ (hit force was
to be employed in our wa(eri ; and if foreign na-
tioDS did come ln(o our waters and Insult our na-
tional sovereignly, he said he should wish lo leacb
tbetn to respect it. He had no idea of causing
war; he wished to preserve peace; but was peace
the yielding lo violations or jurisdiction, and to
iDsolts in our own waters 7 and was a resistance
of these war7 No; it was the exercise of the
natural right of all animated nature to resist,
when injured, and could not be called war, in the
general seme of the word. If the defence of our
cltiar and indisputable rights was to be war, let it
be war ; for they mun be maintained.

Mr. QnoLBON taid he had hardly expected
that a question once decided, would be again dis-
cussed. For (he vote which h«'had given, he
was accountable to his constituents and to his
conscience, and not accountable to any honorable
gentleman on this floor fur it. From the com-
mencement of our Qovernmenl to the present
day^ he said, our coast bad been infested with
cruisers and plundering pirates; and it was with
a design to drive off these ibat be had given this

Mr. O. W. Campbell wished it to be under-
stood that hi- should voteai^inst this amendment.
He believed the vote just taken to be unprece-
dented, of its own kind; no sncfa thing as that
amendment could be found on the statute hook ;
it was uiving power without meaas to carrr it
into effect; he considered it a dead letter, when
conaeeted with the imatl approptiatioD fbr the

object, and should role against (he other amend-
ments. They had heretofore given a discretionary
power to call out the frigates, but now they had
passed a peremptory order that they should be put
in service. He regretted that the vote had passed;
and believed that before one monib had elapsed
many gentlemen who had voted for it would wish
that they had not given the vote. It would pro-
duce a sentiment abroad that we were to have a
maritime war, and would thus delude the people.
They woaild say, ff we are to have four or lire
thousand seamen, and only nine thousand men
on land, it must be intended to carry on a maii-
time war. Mr. C. said he was willing to meet
any event, if war did become necessary; but he
did not wish to provoke it. Gentlemen have said
that we hare been insulted ; but they would not
say that our whole force would be competent to
meet a single squadron of the British navy. The
expense ought not to be overlooked — an expense
of four millions; some gentlemen said j>:i. It
would be two millions in addition to what it
would hare been but for (he amendments, with*
out an atom pf adiljlional security to be derived
from the money expended. He was willing to
afford any assistance to American seamen in dis-
tress; but not to employ them because idle, when
he believed their employment would be produc-
tive of mischief. He trnsted until some way of
tilling ibe Treasury was discovered, that they
ould not totally empty it,
Mr. J. Q. Jackson said he had incurred the
'Diure of the House for catling gentlemen to
order, for whom be bad high respect, during this
session. After the example of this day it was
time to desist, when, after a principle was sol-

mendmenl was disrespecifol (o the President of
the United States, Mr. J. said he had the highest
eel for this venerable sage. This principle
lieeutire confidence was repugnant to the
principle of the Constitution. With this House
vested the^wer of war or peace, of raising
es end navies, and of levying taxes, and wita
them properly rested the respontibility of em-
iloying tne naval force. A( a time when ih«
'resident had been charged with wishhig to ei-
i[e a war palse, he would of necessity be guard-
ed in his expressions on the subject; and he had
not expressly recommended any particular spe-
cies of preparations. Oeailemen had said that
they were desirous of peace. Mr. J. said th«l
peace was already destroyed ; and he said thai
he could not consent to cry out peace, peace, when
there was no peace. What was ibe case which
lately occurred at Savannah? But be did not
eite thai we should rush into war, wilhonl
giving an opportunilv for proeuring peace. Be-
cause we prepared for defence, aid we Invite
war? No; and were we to be prevented from
protecting our waters, from the fear of exciting
sensations in a foreign mjrernmenti He trusted
not. This House had declared that it would nol
submit; and a permanent abandonment of the
oeesn would be submiaMOD. Out natoral tighvi

.yGoogIc

1061

mSTOKT or OONORBSS.

Naval Eitablitkmtnt,

Jakhabv, 1809.

were to be protecCed at atl hazard*, and at everj
eipED.ie. He uodersiood tbe quesiiau very dif-
fereDllf from ihegenikdiaD from Tenaessee. He
did not believe Ibat the Presideol of ihe United
States possessed the power (o eatploj alt our ves-
ael*. Tbere wa» such a law ; but tbe nuoiber of
wamen lo be employed was limited. It was im-
poisibte that the President of the United States
could carry the law into effect, and of course the

Kwer was nugatory without men and money.
! had no idea in roting for this an^Ddmeni
that it involved war, or that it would delude the
people into tbe idea that we meant lu carry on a
mariiinie war. If we went to war, he honed we
aiiould adapt measure* more efficient. He ap-
proved ibeseDliinentt of theeentlemaafrom Cob-
Declicut, (Mr. Dan*,) andwlieu genilemeo came
out in thin way, he was willing to do away dis-
tioetion* of feJeraliim and republicanitm, aod
bail them as whiga, as Americaos, as friends to
their country. Mr. J. entered ialu an examina-
tion of the Deee*»ity of a small naval force, aod
urged several arguments in favor of its efficacy
ai a defence.

Mr. Sloan profe3.^ed himself highly gratified at
the vote which bad just Iskeo place, aod he was
al the same time as much in favor of peace as any
gentleman. This measure had been looked for
from sections of the country which must suffer
in case of war. He thought it would tend more
to harmonize than any measure adopted at this
aesaioD. He rejoiced that the wishes of the peo

{lie would be gratified by a removal of these
rigates from this place, where they had been rot-
ting so long.

Mr. Macok expressed his surprise at the change
which appeared to have taken placeia the House,
wiihio a few days- The current had set in favor
of the embargo a short time ago, but its course
was turned, and it was for war.- He was for
holdiog lo the present measures as long as we
oould. He cautioned gentlemen against meaiuret
which would provoke war; aod intimated as bis
belief, from the vote just given, that it would take
place in three mouths. It was yet time for gen-
tlemen to prevent it, by withholding the sinews
of the Navy, by disagreeing to the remaining
CiDendments proposed by the Senate. Send out
the Navy in lU present disposiiioo, said he, aod
you senil it to war. He had been a/ra id, from the
commencement of the session, that we should have
war ; and war would assuredly follow the going
out of these frigates. Did he not appreciate tbe
character of the American seamen, their courage
and spirit, he ibould not fear war from it. He
could not account lor tbe change which had
taken place iu the House within a few days.
Whence this leaning to war 1 Nothing new had
occurred Ibat he knew of but the iriQiog case at
Savannah, He knew that fur years past we had
bad cause of war. Not a year since the com-
mencement of tbe French revolution, in which
we mighc not with good reason have declared
war. But be wished a fair experiment of the
embargo first. If we were to go to war there was
no man in the nation who could foreiall iia rs-

sult. He was not surprised that the gentleman
from Connecticut should be Bsainst the embargo,
because he-had been so from the first. He would
hold on to the embargo as long as he could. He
thought he sufficienilv underKtood the interests
of the people whom he represented, and of the
United Stales generally, lokoowlbat they would
suffer by war. When be bad said that the at-
tack on the Chesapeake was as much cause of
war as the attack on Copenhagen, the change*
had been rung through the nation oa his words.
He'was not in favor of war. He was surprised
to hear gentlemen saying that tbe people would
not bear the embargo ; and that the friends of the

the day when'it would, they would find war i
slight maUer. Qenilemen talked about sending
these vessels out to prolecl trade. If sent out
they would fight. He could not see what good
ten frigates wtre to do ai a defence. He had al-
ways teared that we should have a fleet ; and he
said no nation could maintain a navy and live
well. Liberty was of no value if it was only
tongue liberty ; and a navy would soon strip the
citizen of his property, and leave him but the lib-
erty of speech. He had been in hopes that the
country would not have followed the (rack ol Eu-
rope. He hoped this Navy policy might not
eventually change the form of our QovernmeaU
Take this bill, said he, with the fifty thousand
men proposed — call them what you will — tbey are
nut militia— aod see what it looii like. With
respect to supporting our sailors, was there not
now, he asked, abill before the House for appro-
priating a sura of money for supporting ibemi
WheB be compared the number of seamen pro-
posed to be employed with the actual number iu
the United States, he had do idea that tbe bill
was intended to relieVe them. No. It squinted
at war. He was not fur any of these war mea-
sures till it was ascertained that the embargo did
not produce an effect. This measure bad occa-
sioned less inconvenience ihan any great national
measure could, and had been productive of more
benefit by saving property, dtc, than any other
would have been. Qive foreign nations lime and
time aiiain to reflect oo proposals for peace, aaid
he, before you launch intn war. He thought,
with the gentleman from South Carolina, uiai
the agreement to tbe amendment was a refleciioa
on the President. This was not the proper place
for him to say what be thought of that man ; but
the censure was undeserved. The gentleman
from Virginia (Mr. Jackson) says, that Congress
alone has the power to declare war. Toe Presi-
dent also has a share in the power, and it caonoi
be declared without bis concurrence. Mr. M.
referred to the seciion of the Constitution which
says that every order, resolution, act, &&, shall be
presented lo tbe Presideol for his approbation.
Tbe very next aection declared that Congress
shall have power to declare war, raise armies, dtc.,
dLC.,aDd would aov man say that tbey had the
power to do it without the consent of the Presi-
dent? No, sir. [Mr. J. G. Jackbon said that
tbe 'gentleman wholly misundetitood him. He

.yGoogIc

1053

HISTORY OF C0N0RE8S.

1051

Jardabt, 1809.

Naval Eatablithvtent.

H. OF R.

had no idea that the conaeot of (he President was
□oi aece.s^ar)'.] Mr. M. then obaerred that ihe
pain be Tell in bis breast prevented him from pro-
ceeding further.

Mr. T«TL0R said as this was a very important
question and one which Ihe House had eoiered
into, he should coneeire that tbe; wished to come
to a coDclutiuo^ and would not therefore occupy
much of their time. He did not beliere wiib the
genileman from Maryland (Mr. NeLao.i) that it
was his duty, because Ibe first amendment was
adopted, to adopt the remaioder. He protested
agaiDEt the doctrine. He believed that it was in
the power of the majority lo negative any amend-
ment. The amendment of the Senate coDlem-
plated an increase of expense at least double that
contemplated by ibebill as sent from this House,
and yet the Senate had sirickeo out the sum ade-
quate for one half the actual number now con-
templated, and inserted $400,0001 He could not
understand a sfstem wicb authorized double the

There must be some mode of calculation
in that hooorable body which he did not under-

The town, is besieged ; and iaslead of takifig
the system of defence mto our closet and examin-
ing It, we are to take it in a speech as we can
catch it, without having it upon paper to Judge
of it. It ouzbt to have been upon our tables
weeks ago. He would say what be thought ofii.
It was reading to the abeadonment of our most
efficient force for our weakest — to the abandon-
ment of Ibe embargo for a naval war. ff we
were to have war, thii was not to be the whole
force employed. This sum of $400,000 could de-
ceive no one. With the mooey necessary for
four thousand additional seamen anarmy of thirty
tbonsaod men could be paid who would sweep
the Canadas in a year. A landsman, he had
heard said, cost the United States $130 aooually,
whilst a mariner cost $1100, seven and a third
times as much. The House had beeo told (bat
the nation must contend for its rights on the ele-
ment wh^re we must enjoy them. In the lan-
guage of Ibe great Chatham, France was icon-
quered in America. Great B[i(ain has been con-
quered in America, and may be conquered on
terra firmaagsiiB. He said, instead of launching
a navy on Ihe oce&n, he would advance to the
Gibraltar of America, possess ourselves of it, and
take from Great Britain her only depot on the
Americao contioent. He would force her whole
commerce on the norlbetn continent ofAmerica
to pass under our cannons* mouih. He believed
that it would be an extravagaoce lo appropriate
this mooey for a small naval force, when with it
wecould sweep the enemy from our northern fron-
tier allogeiber. He wished not to be considered
as an advocate of either mode. He was for an
adherence to the embargo, ir that were given up,
he was fur putting our resources to the best possi-
ble use for Ibe defence of (he country, and he was
not for launching into an element where our
enemy must be master. He beliered if we were

I to have war on the ocean, that we should do
more mt^ichief by iudividual enterprise, by seiz-
ing a straggler here and a straggler there, plun-
derJDga squadron here and as^uadron there, than
by any regular force of the United Stales. With
respect to invasion of our territory, be bad under-
stood that gunboats co-operaliag with fortifica-
tions were corapelent to the defince of our har-
bors. Nov it seemed that they could not drive
out a picaroon. And would any ooe say that
this immense appropriation for gunboals would
have been made under an expectation that they
would supersede the necessity of frigates 1 He
said he should not himself bare voted for Ibe
gunboats if he had supposed that Ihe House would
have refused the other part of ihe sysiem — the
marine militia. He adverted to the refusal of
the proposition to erect dry docks, and the subse-
queol proposiiion for a marine militia. He
concluded by observing that he conceived that
the tenor of the amendment went lo cast a cen-
sure on Ibe President, to dishonor that sage whom
gentlemen affected to revere.
An adjournment was called for, and carried.

WEDHBaDAT, January 11,

On motion of Mr. Rbb^ of Teonessee^ that
the House do come to the following resolution :

Raahed, That a resolution of thia Uonie of the
ninth of Januarj, ons thousand eight hundred and
Dine, " dlreoting the Seerstm^ of State to lay befbrs
this House a statemeDt of the nhole nmnbar of per-
sons bom in foreign countries, and Isgall; admitted
citizens of the United Ststei'by naturalization, who
have bean registered u American seamen, and returned
OS luch to the Deportment of Stale, according to the
lists tronBcaitled b; the coUectan of the customs, in
pursuance of the tsn relative lo the relief and protec-
tion of American seomeD," be, and the same is hereby,
Ten:inded.

The resolution was read, and ordered to lie on
the Uble.

On motion of Mr. Dawson, the House pro-
ceeded to consider a resolution proposed by him,
and ordered to lie on the table, on the thirtieth
utiimo; and the same being again read, was, on
the question put thereupon, agreed to by the
House, as follows:

Retolved, That the Committee of Commerce
and Manufactures be directed to inquire into ibe
expediency of removing the Collector's Office
from the port of Tappahannock to ibal of Fred-
ericksburg, in the State of Virginia ; with leave
to report by bill or otherwise.

Mr. SuiLiG, from (he commitlee appointed on
the seventh ioslaut, presented a bill to alter the
jime for the next meeting of Congress; which

!ad iw

of the Whole on Monday next.

Mr. Nelsoh, from the committee appointed on
so much of the Message from the President of
ibe United States, at the commencement of (he
present ses-iioo of Congress, as relates to the Mil- *
itary and Naval Establishmeoti, presented a bill
supplementary to the act, entitled "An act for

.yGoogIc

1055

HISTORY OF CONGRESS.

1056

Naval EUabtithmmt.

Jakoabt, 1809.

miiiee of the Whole on Monday Dfxt.

Mr. Nblboh, from the same commiiiee, pre-
MDIed, a bill providing hq additional mililary
force; which was read twice, aod commitied to
a Commiiiee of the Whole on Friday next.

NAVAL E8TABL18HMENT.

The House resumed the coniideration of the
amendmeats propoaej by the Senate to ihe hill,
CDlitled "An act authorizing the appointment
and employment of an additional number of Navy
officers, seHmen, and luarines."

Mr. Troup said he regretted eiceedtngly that
be was under ihe necessity of azain troubliog ihe
House, but he felt himself bound, in some mea-
Bure to state more particularlv his reasons for
TOtin^ for the bill, and lo reply to some cogent
objections made from a quarter of (he House
which he much reapecied. He staled anew the
reasons which he had given why the United
Stales should have a amall naral force. He
thought it indispensable at this time to mao and
equip our little Navy, uoi for the one or the other

feneral reason in its favor which he before stated,
u( to protect from Tioleniie and insult the lerri-
loryof the United Statta; that territory which
gentlemen in this Hou^ were so fond of calling
tha territory of the good old United Statea — he
meant the marine league from ihe shore — a* na-
ered and inviolable aa any spot of earth within
out limits. It waa for Ihe purpose of protecting
this part of our territory, for removing those crui-
aer* which are competent to bloeliade (he mouth
of our rivers, that he wished this Navy to be
equipped. Oeutlcinen said the gunboats were
competent lo the protection of our harbors. Mr.
T. acknowledged it; he said he did believe that-
the invention of man never devised a more com-
petent system than gunboaia, co-operating with
fortifications, for the protection of our porta and
harbors, but ihey were calculated to act only on
■hoals and in smooth waters. They were not fit
for any other species of service ; they could not
atand the winds and waves, the billotvs and the
tempests. And notwithsiandin; our ports and
harbors might he weH defended by these gunboats,
they were not competent to the purpose for which
these frigates were ti '
blockades of our own
eipecied, when gentlemen had aolemnly resolved
not to submit, ihat they had a serious determina-
tion to execute their rejolve; and when they sot-
emnly and unanimonslv resolved to plaCe (he
or defence, that they bad

J do so. For his own part

he said ne had been aa seriously determined upon
bolh, as he ever was upon anything in his life.
And when eentlemeD said they would not sub-
mii, what did they mean by it? Merely that
ihey would not sunrail to the orders and decrees
.of Ihe belligerenis, or that Ihey would not submit
lo viotenee and insulii in their own waters? And
when they said they would place the nation in a
■Ute of defence, did they only mean to hold the

militia in requisition 1 Themililia were already
in requisilion, and were always subject lo it. No,
indeed; he had expected a very different species
ofdefeuce; a defence calculated to meet a deci-
sive and active hostility on the part of a great
foreign enemy. He had understood (hat an army
was lo be raised, not only sufficient for the pro-
tection of our own territories, but sufficient to
carry war into the territuries of our enemy. He
had expected, at least, that our Hide Navy woald
have been equipped — for, if you determine lo
change yonr.preseni lystem of measures, how
would you get along? Suppose you determine
to go to war, you must determine at the same
time to have a tear (»)mnier^,Io open a free trade
with those nations with whom you shall be at
peace — and how will you efiect it 1 In your pres-
ent situation it would be impossible, for these
twenty-gun frigates as completely blockade the
mouths of your rivers as the most formidable
navy on the face of the globe could. Yoor c

Suppose yon n

1 . t it.

raise the embargo and adopt
'ith the belligerents; with
what effect could j'ou, nndar the present circuro'
s(ancesor the nalion, give such liberty lo com-
merce, «ben the mouths of your rivers are block-
aded, much more effectually than they ever were
by your embargo laws? Whether, then, yon
contemplate raising the embargo and adopting a
non-irltercouTsc, or war, a smalfnaval force is ab-
solutely indispensable. Mr. T. said he had to
lament what had fallen from an honomble friend
of his from South Carolina (Mr. D. K. Wil-
liams.) Thai gentleman, not many weeks ago,
with a manly and dignified eloquence, which
charmed almost every man who had heard him,
scouted a principle which he had but yesterday
adopted to all intents, and in all i(s bearings, viz :
that interest was honor, and honor was interest;
and that this country could have no prnroeatira
to war, and must, at all hazards, be preserved in
a s(a(e of peace.

Mr. WiLLiAHs said he held no such senti-
ments; if, in his agitation at the voie which had
taken place, he had expressed sncb, hesolemnly
revoked them.

Mr. Trocp observed that he had Daderstood
the eentleman to declare that he was detecEDiited
to adhere to (hesystemof theembargoasa perma-
nent measure of offence and defence, and Irom
this expression he had drawn the deduction.

Mr. WiLMAHs disclaimed the idea of ■ per-
petual embargo.

Mr. Tboup explained what he had said when Dp
before on (he subject of economy. He had spoken
of war measures, which, when adopted, (he old
peace principle.. that standing navies, and armies,
and funding systems, were great evils, should be
discarded. Ha hail spoken of a liberal policy ax
preferable to that puerile, petty, contemptible,
narrow economy, whose means and ends were
both calculated and measured by popularity ; and
he added that whenever ihis nation was driven
into a war, and the great principles of its action
were datennined on tbcqueationof popalarity or

.yGoogIc

HISTORY OF CONORESS.

1068

JlKDART, 1809.

Niaial EttablMmeni.

H. opR.

tshnutd come out of the war with

uapopularitf , i
disDoDor, disgi

Mr. Sawteb resumed the ohaerTBtions which
he commenced an Moadif. On the subject of
the Narat EstabiUh^eai, he said that this sys-
tem bid iDlroduced into our laws a long list of
capital crimes heretofore tinknown to us, and per-
fectly iDCompaiibte with civil liberty. He dis-
liked the absolute despotism exercited by oaTal
comtDanders, who feasted in their cabins like
bashaws, with their bands of music to entertaiD
ihcm the while, and twenty or thirty men em-
ployed lor DO other purpose than to (iddle and
pipe to the crew, at a pay of twenty dollars per
month each perhaps. Were these men inleodeil
to charm the enemy, as Oipheus of oldl [Mr.
S. was here remiaded by the Spbakbr thai he
WB3 waodering fiom the question.] Mr. S. said
he piesuined, that if he was at liberty to prove
the system wrong in whole, he was at liberty to
prove it wrong in any pan. He did not believe
that this naval force woald add to the strength of
the country, but rather weaken it. The strength
of the counicy depended more on internal im-
provemeniand union among the people. Twenty
odd millions of dollars, at least, had been ex-
pended oa this system, end no improvement was
visible from it. Suppose this money had been
employed in facilitating communication through
the country. This mode of eipendiiure would
have been more conducive to the public interest
than that of supporting the robust eiews of the
frigates in idleness. He hoped that Congress
would, like the prodigal son, return home and
sin no more ; that after they had corrected their
error in respect to this species of force, they would
not again encourage it. Mr. S. spoke of the dan-
ger to be apprehended from sacb a system. Did
any one ever hear of a navy taking part with the
people against despotism 1 On the contrary, they
were always ready to assist it, for the spirits of
the crews were always broken down by severe
discipline. He had just as great objeclic ~ "
navies aa to standing armies; and, for the
reasons, was against botb.

A genilemao had said that we ought to avenge
the violations of our juiisdictioa. Mr. 8. said he
agreed with him ; he was willing to go t<
for them. But because the injuries were
mitted od (he ocean, was it any reason that we
should go to war there T So far from wiping off
the slain od our honor by this means, Mr. S. said
we should make it the more indelible. Should
we. single handed, when all the world bad fled
before the leviathan of the deep, sally out and
defy her to combat? He was for meeting her "
ttrra_firmai for using the energies of the
try, and In that manner which our sltuati
quired. Suppose France bad exhausted herself
in keepiDg up a navy, what would have been
her situation at tbis time 1 Would she have been
mistresa of the Continent 1 No; she would have
sunk into absolute iusigniflcanee. Mr. S. said
that he was for raising the standard of his coun-
try, for enlisting erery man who would come for-
ward, Bod for making an itiaption ioto Canada.
lOthCos.SdSBSS.— 34

The blood of Pierce eould be as well avenged,
nd the manes of the slaughtered leHmeu of Ihe
Chesapeake as well appeased, under the walls of
Q,uebec aa on ibe seacoasl. It had excited bis
asiooishment that Great Britain could have per-
severed in her unjust conduct so long when it
our^QWer to sweep her from the conti-
nent. If this bill were to pass, it would aSbrd
proof of the weakness of our policy, which
be hoped never to see given. Did gentlemen
mean to multiply the odium of the affair of the
Chesapeake by increasing the quantum of the
means of national disgrace? He said he would
ask genilemeu if one Irigate brought so much dis-
grace, bow muah would fifteen bring? Qenlle-
meo nad said that Great Britain could send hot
tall force on our coast. Mr. S. said that she
.. . jid always send enough for us. He concluded
by observing that he derived some consolation
from tbe circumstance that the terms of this bill
were not absolutely imperative ; and be had too
:h confidence in our excellent Chief .Magi»-
: to believe that he would ever carry (he
power into effect.

Mr. D. R. WiLUiUJB moved to commit the
bill with the amendments to a Committee of tbe
Whole. His object was to obtain a reconsidera-
tion of all the amendments. He felt a conviction
on bis mind that the House, having had time to
consider the tendency of the vote of yesterday,
would agree to rescind it. He wished no national
measure to be adopted at this session with a poor,
paltry majority of five. The nation, he said, was
not to be got along in this way. He said when
be had risen yesterday, be had felt an agony of
soul which he could not repress or express. He,
with bis friend from North Carolina (Mr. M«-
cok) was willing to have adhered to the embargo
till the last of September, or till its effect was
clearly ascertained. And when the vote of yes-
terday was taken, he had thought be saw war,
with all its ruinous consequences, stalking over
this once happy land. Under this embarrassment
be said he nad addressed the Speaker, and ap-
peared to have been misundentood by the gentle-
man from Georgia. He wished the bill to he re-
committed, because he understood that a pari of
the seamen were •considered aa immediately ne-
cessary for the public service ; he wished not to
delay their employment by a discussion of the
merits of a naval eslahliahment— for no man op-
posed to the bill would, he presumed, permit it to
pass till he had exerted himself to his utmost to
prevent it. ....

Mr. W. ALBToif was in favor of the maiion
for comcaitment. The sum appropriated by this
House for the smaller object had been stricken
out by the Senate, and a sum inserted for the
larger, which would scarcely be sufficient to open
a rendezvous for enlisting men; if itwere not en-
larged, the bill would be a uollitjr.

Mr. Dana said it was his opinion, if a questioit
had been uuexpecledly taken, that it did not estab-
lish the point in question. He was, therefore, in
favor of a eommitmeni, in order to accommodate
' gentlemen. Mr. D. replied in > humorotu uun-

.yGooglc

1069

HISTORY OF CONGRESS.

Nanal EgttMM/mtnt.

Jakdakt, li

D«T 10 Mr. SAWTBa'a obrnvationa on ibe >ub-
iect of the music on board ihe navy; layiDg ibai
lodeed it waa true tbat ibey had drums andbella
on board of a frigate, aod even silver whistles fur
the boatswaia'5 matea. The seamen were sucb
airaDge'crcatures, too, that they would detpise an
officer who would doI make biiDMlf be obeyed
within the fair limiii of hii authority. And this
subordination, he said, wa« neceiaary. The aea-
niair was snbordiDaie lu the midshipman, who
was subordinate to the lieutenant, the lieotenaDt
to the captain, who was subordinate to the com-
modore, who was under the direction of the Se-
cretary of the NaTy, who acted under the Eiec-
uLivej and thus the Executive held the whole
and wielded it at his pleasure for the execution
of the law aud the general maintenance of public
right. He was wilTing to hate the bill commil-
tH, but not for the take ofaltering theappropria-
tion; for the bill only settled the principle, and
the appropriatioD was for commencmg the work.

Mt. Bacon aaid ifilie nation was really hungry
after debate, or thirsting for loitg speeches '

should have no objection to go into Commi

of the Whole; but, betiering tifis not to be the
ease, he should object to it, because it could
answer no purpose out delay.

Mr. FisK was in favor of the House taking the
responsibiiity of this matter upon itself, and not
for throwing it on the President's shoulders. "
wished this force to repel infractions of our
and rights. Armed ships, in violitian of our laws,
were now carrying on trade within our waters
and information was received that armed vessel:
were coming on our coast to force a trade. Was
this to be permitted? Of what efficacy were
embargo laws, if armed vessels were to come i
go when they pleased? What, he asked, co
w« get by perseverioff in a system which was
thus rendered of no eSecibnt to injure the honest
part of the eommunitv 1 He said be wished t(
treat sueh violators ot the laws as pirates. Un
less auch a measure was adopted, our embargc
laws would be of no effect. It would answer nc
good purpose to go into Committee of the Whole
OD the bill ; for toe object of the motion wa> to
defeat the bill. The bill rested on this basis-
would tbef or would they not take measures at
this time to meet the crisis, or would they rely
wholly on the embargo? This was in fact the
true question. The passage of this bill would
give of this species of force no more than its due
proportion. Mr. P. uid he was no friend to
standing armies or navies, but, in legislating, jodg>
ment must be gaided by c i re u mi lances. It had
been said that the sending out uur frigates to aea
would produce war; that the spirit of our officers
was such that they would engage. He hoped they
would not. at the same time that he believed they
would resist all encroachments on onr rights.
Decatur bad been at sea for many months with a
frigate, and ao such consequence had been pro-
duced. Mr. F. replied to the observation* of Mr.
SawvEB,in relation to the conduct of captains;
and concluded with some general arguments in
bvor of naval force.

Mr. Albxanoeb was in favor of going into a
commiitee, and was opposed lo the amendments of
the Senate. He said, if we were to have war, the
ocean was not the theatre on which we should
atiack Great Britain. It was in another quarter.
The course which bad been adopted by the Ad-
ministration, and wisely adhered to, he wished
first to have a fair experiment. Thou|fa he was
a friend lo the embargo, he did not think that it
should be continued for a long time. As long as
a hope of adjustment remaiMd, be did not wish
to make pteparationa for war.

Mi. Bcbwell hoped that, after a majority ap-
peared lobe in favor of the principle, aogenileman
would delay the adoption of the other amend-
ments of the Senate. He said he had no idea
that any g«Btleman had been taken by snvprise in
ihe vote he had given. The observation of Mr.
WiLLiava, about a bare tnajoril^ of five, Mr. B.
said was not correct. A naajoriey must always
prevail. He was opposed to going into a Com-
mitie of the Whole.

Mr. Ear said, he was not surprised that gentle-
men who were wholly opposed to the bill, should
wish to have it recommitted. The amendments
of the Senate preseated but one question lo his
mind ; whether it would be proper, in the present
filuation of our country, lo arm those vessels
which we have. He was a little surprised that
gentlemen should hesitate, after what had been
so often said on this floor. He recollected that
those who a few weeks ago had spoken in favor
of a middle course, were treated almost asenemies
(o their country; it was even said that every man
was an enemy to his country, who was not in
favor of a continuance of the embargo, or war.

Oentlemen bad said that the line should be
drawn, that the distinction should be made be-
tween friend and foe. And now, when a defen-
sive measure was brought into consideration, bow
stood it? It was no qaisoiJc idea trf a navy to
meet the miatresa of the ocean on her own
ground. That, said be, is not the question. Let
us not be deceived by the idea. The solitary
(|uestion ia, whether, when our ahipa are lying
in our waiera, we shall man and e^nin them — for
what ? For the protection and defeoee of onr
lumut. We have information that the procla-
mation of the President of the United State
has bern violated, and even at this moment may
be violated. The lion is bearded in hii den — the
eagle strangled on its perch. It was ft^ the pur-
pose of compelling foreign nations to respect onr
righta within DUi jurisdictional limits, that he
would give this additional quota of naval force.
He was among the number of tboae who thought
that if OUT frigates, instead of laying in out
docks, had been heretofore sent oat, no iaslaaee
of sucb hostility would ever have taken place.
'- one case atone had theae violationa appeared

have been premeditated, when there was a
fleet in the mouth of the river watching the mo-
I of the Leopard, and ready to insure !>uccess
to her. All other inataoces had been inaulated.
Oentlemen had said that ihey would not provoke
Wit. Mr. K. aaid neither would he. Bvi vrai

.yGoogIc

BISTORT OP OONGRBSa.

1062

jAKOisr, 1809.

Naval Ettablishmmt.

H. or R.

honorable defeaee of our Hghis war 7 Far from
il. To be prepared for war was one of ibe be»t
preventires of war. Wraknesi JDTiled. strength
repelled insult and iojurf. He was, tb ere fore,
for arming those vessels which we have, and
sending them out, but oot for building others.
This was very different from an attempt (o pro-
tect foreigo commerce in this way, which he
hoped never Would be icade. The marine league
on the coast was ai inviolable as ibe soil. From
heidlaod to headlsDd of the coast, and all the
water withio thti line, had always been eonsid-
eted as part of the territory ; and he coutended,
politicaUy speaking, that an insult on out sover-
eignty there was as great as if the foraesof a
foieign Power were to land od our shtfTes, come
Dp to our bouses, and mardef and plunder the
inhabitants. If we had a force upon the water,
did any man believe thai a single ship of twenty
guns, commanded by a lieutenant, would have
come within the limits of the harbor of Savan-
nah, and Bred a gun 1 No. Within these limits
he would not permit insults on our sovereignty,
and therefore wished these vessels lo be sent out.
His idea was that this force, as an auiiljary to
gunboats, whether further to enforce the embargo,
or 10 protect oar lemlorjal limits, ought to be
given lo ibe President of the United Slates.
One geotlemen had said, let us try the present
(Ysiem until September. What then ? When
all chance of negotiation had Ceased, in what
lilaaiion should we be placed 1 Unarmed, the
vessels rotting, and not ready for any service.
We should be better employed ia placing our-
Hlves in sueb a situation that if war be inevita-
ble, wfl may better and more firmly resist it. We
■re R peaceable naiiou, and I hope we mav have
peace yet; but ■ preparation for war will guar-
anty peace. A man has two neighbors hostile to
him; he would not go lo attaeli them, but the
moment they put tbeir foot over his threshold
wonld repel them with force, and chastise ihem,
if in his power. This is the case of this nation,
■pd 1 would employ the means which God has
given us 10 repel invadera of our territory, whe-
iher maritime or territorial. Mr. K. said he could
lot aeree to refer the subject to a Committee of
Ike whole, for the proposition was so simple
liist it woQid be a waste of lime longer to detain
the House on the subject. He said he had voted
Tor the gunboat system, not that he was in favor
dF it, but bpcause it was a' defensive measure, in
what he thought a difficult crisis. He thought
war now still more probable, and if it were, be
uid, sound policy, and a regard for the destinies
of the country, diclaied that we should be pre-
[Kred, and not let the enemy come upon uswilh-
ontreaistBQce.

Mr. Eppes said he should vote for a commit-
neot, in conformity with the rote which he had
T^terday given against the amendment. When
this subject had twen presented to the House, he
titd not then or now attached to it that import-
Mce which gentlemen appeared to give it. Many
<l<iestioas bad been brought lo bear on it whieo
wtie not DOW eoaaected with it It wu not

now a question whether we should commenes
a naval system. Whilst the House had beea
amused with an examination of the whole naval
system, the only question was. Whether, in the
present siiaaiion of our affairs, it would be proper
to employ 6,000 or 4,000 seamen, the difference
between the bilkas sent from this House and u
received from the Senate being two thousand sea-
men. The principal objection to the bill in its
present form was the manner in which it had
been introduced into the House. We received
a bill from the Senate, which is now before «
committee of this House; whilst this is under
eonsideralioD, another bill of the same nature it
sent to us, and we are called upon lo vote blind-
folded, without a single estimate or designation
of the object for which this force is to be raised.
If convinced that 6,000 seamen were necessary,
Mr. E. said he would ns soon vote for them a»
for 6,000 troops. But before he incurred an ex*
pense of sii millions of dollars, for be averred
that this would be the consequence of pas.'iing Ibe
bill, he mast be convinced that it was not only
necessary that the bill shoald pass, but that it
should pass Immediately; and at the same lim«
totally disclaimed any intention of submitting to
insults within oar waters. The zeal which aea-
llemen had now displayed would have been oet-
ler shown in the case of the Chesapeake. Why
did they not then drive the British squadron oat
of onr waters 1 This affair, however, had blown
over, and now, when a iweniy-gnn vessel went
to Savannah, the House was called upon to em-
ploy all our vessel* to drive it out I Our Execu-
tive, he said, was now by law authorized to em-
ploy all the armed vessels, and if, with the 8,000
additional seamea graoted by this Houte, he
could not drive these vessels out of our waters, he
oould not do it with all our armed vessels. Mr.
E. said he should vote for eommitment, because
it would enable him again to vote on the amend-
ment of the Senate. He disclaimed all the doe-
iriae which had been laid down in respect to
navies. Whenever we had war, he said he would
employ those armed VMsels which we have, he
would send them out to sea, and if ihey should
be taken or destroyed, let them go, He had rather
they should bedestroyedconieDOingfor ourrights,
than suffered to rot in this place. It might he
proper here to observe something respecting the
ituaiion of the frigates. If gentlemen would
ome forward with a call for an official state-
ment of their situation, whether they were more
rotten now than they would be with th«r com-
plement of seamen sailing along the coaat, he
believed it would he found that this was not the
facL Ordinary merchant vessels were kept in
good condition at an expense of about ten per
cent, per annum, and he believed not more had
been employed on the frigates, and that alt but
woof them could be prepared for service in a
hotl time. Mr. B. also objected to iheameod-
nents from the Senate, because they were St
/arianee with Ibe measures which the House
had adopted. He was for adhering to the embar-
go yet a whil« longer. He believed it man fot

.yGoogIc

1063

HISTORY OP OONORESS.

1064

H.orR.

KmU Ettablithmtta.

JxtlVtRT, 1

the iaieretl of the nation to bnaband iti resour-
oe«, ihaa to iquBoder ihem on «n object which
could produce no real good. What we» lo be
done with all ihesefrigaies? Were ihey merely
to nil aloDf the coast? No; and he knew not
ID what gentleman would emplojr thrm. He
was for wailing until the period arrived at which
Uief migbi be of lervice; he was, thererore, op-
posed to the amendracntB of the Senate. He
duclftimtd permitting ihcm to rot, when there
waa an occasion for their actual teivice ; but he
was not for seadiog out iheie vrssets lo force a
war, before a single soldier whs ready to march
where they ooghi. So sooa as our troops were
ready to tend to Canada, be was ready to send
out the frigates. Whenever it appeared that we
were ready to resort to war. Mr. B. said, he should
be as ready lo employ all the energies of the
nation as any man.

Mr. JoBHBON expressed his pleasure at per-
ecivinK that the argumentii in favor of and igBiiist
this bill proceeded from the heart, and were nut
the bickerings of party. He was not disposed,
however, to pass ■ law making it imperative on
the President to employ our naval force; he
eould not see ibat it would be necessary for de-
r«ice, because Congress would have authorized
the President, independently of the amendments
of the Senate, to employ 171 gunboais, and ten
amall armed vessels, whilst the fonifications of
our harbors were progressing with all the rapid-
ity which the season would permit. For enfor-
cing the embargo they were not necejsary, be-
cause the President was already authoriced lo
employ twelve additional revenue cutters, and to
hire thirty other vessels, if necessary. They were
not necessary for the protsciion of commerce
either i for what protection would ten frigates
aSbrd to the vast tonnage of the United S' '

Bgan

.1 the g

Mr. J. said that Congteea had already induced
the nation to believe iliat they would not lake
off the embargo during the present seMion, but
that It might be removed in May or June. Mr.
J. said the people woald draw this oonelusion
from the decision of the Hotise on the amend-
menu offered for enforcing the embargo. And,
if the House had determined not to stride a blow
at this session, was not the proposition now be-
fore the House directly in the teeih of the system
which tbey had determined to adopt? He aiid
it was known to many members of the House,
tnd he was not ashamed to avow it on this ioot,
tbat if the majority had thought proper to aban-
don the embargo system, he had been prepared lo
take olher measures. Bm he took it for granted,
from the sentiments of a majority of the House
as expressed by their vote, that it would not be
repealed at their present session. Will you, then,
now take offensive measures 1 said he. No; for
you have determined to enforce the embargo.
For offence, indeed I Mr. J. said that he consid-
ered this naval force inadequate, ineompetent,
and inefficient. Whenever there was war on
water, he conceived that it must be carried on by
private armed resselsi and, wbenever we did

wage war. it must be as much on land as possi-
' ' Qentlemen ipoke lightly of economy. Mr.
id, he would venture to say that rational
economy would be necessary lo carry ihe naiioa
through the storm, even with the aid of loans
and taxes. He thought it proper that tbe Iwo
thousand seamen proposed to be given by the bill
as sent from this House, should ae authorized, for
the purpose of more strongly fortifying New Or-
bich was the outlet to the whole West-
nirv; and be thought it more expedient
to keep in tlie Treasury the money which the bill
from tbe Senate proposed to expend.

Ur. DuRELL professed his astonishment at the
opposition made by gentlemen in the minority to
the prompt parage of the bill, for he bad always
understood it to be the duty of the minority to
yield to the majority, when its will was fairly
expressed. Some of these frigates, be said, were
so far gone that they would soon be not worth
repairini;, and that was one reason why they
should be immediately put in a state of prepara-
tion. The gentleman from Kentucky wanted
two thousand teamen, lo go to one place to the
Southwest. Mr. D. said ne wanted two thous-
and, to ^ to the East. He did not consider this
propositiog as at all premature. Was this House
to come to a declaration of war before it could
he induced to pass this hilll Qentlemen had
said, that, if the embargo did not produce an al-
teralioQ in our situation before September, they
would abandon it, and lake a measure more co-
ercive. Supposing this lo be the case, in whdi
situation would tbe nation find iiselfl Com-

Eletely unprepared. The preparation for defence
eloags to us, said Mr. D. ; the direction of it
when prepared, is reposed in the Executive. He
said that gentlemen seemed to ihiok that these
vessels could be prepared for sea in four «Dd
twenty hours. Not so; it would require three or
four months, if ample appropriations were made,
to prepare ihem for sea. It would be two months
before a single frigate could get out of the cape*
of Viroinia.

Mr, Tatlor said he agreed with his colleague,
(Mr.D. R. WtLUAHS,) that any impotUni meas-
ure takeo by this House, ought to be adopted by
something tike an imposino; majority. In ad-
dition to ibii idea, he said. Tie would call tbe at-
tention of the House to what be alleged yester-
day, and neither denied then nor now, that that
Department of our Ooveroment which was re-
sponsible for the execution of all laws, and for
keeping the nation in a state of peace — in terms
ly to be understood as if conveyed i
MesE " ' ....

that it did r
thought it ft
opinion existed on this subject in tbe three great
DeparlmenlB of the Qoveinment. Even if the
principle were not, Id itself, all important, Mr. T.
■aid, it would seem lo him that the exlraoidinary
situation in which we were placed, would requite
that this subject should have a full discussion.
And, besides, said he, it seems to me to be a duty
which we owe lo ourselves, that the honorable

.yGoogIc

HISTORT OF CONGRESS.

January, 1809.

Naval EttabliAment,

H. or R.

body which seal at these ameadmenU, should
noL ia ibis way, force upoo us a measure, when
they have atready, in the U^UHl course of busi-
ness, prete Died the same measure to our consid-
ation which has been referred lo a Committee of
the Whole. Il wasall imporlanl he said, in a
matter of such magnitude, that all branches of
tbe Gorernmeoi should move hand in hand.
There had been no estimate of the expenses of
this ihiog. He asked if there would aot be a
propriety, if il was tbe coDviciion of ibis House
and tbe other branches of ibe Government that
the^ vessels should be put in service, ia direct-
ing the Secretary of the Treasury, or the Com-
mittee of Ways and Means, to fina out a source
from which those expenses were to be raised, and
in inquiring whether tbe nation must not again
resort lo eight per cent, loaos for the support of
ibis estBblishment.

He believed, that this proposition, if meSut lo
enforce the embargo, was leading to an abaadon-
roeat of the embargo system. This was clear lo
bis mind ; for if the aaiion were once coDviaced
that the expense of this system was as great
AS the expense of an actual war would be, there
was DO doubt what would be the voice of the na-
tion. The embargo would be abandoned, and
war adopted in its slead. If we were to ha*e
peace, as he had beard from all the geatlemen
ivho were in favor of the amendments from the
Senate, then he would say, Dotwithstanding all
the disregard to popularity which gentlemen
might proless, the incurring the exprnse of fitting
out all this nary, of retaining a regular army of
10,000 men and a prorisioaal army of 50,000 men,
-who were to be clothed, and fed^ and paid from
time to lime, and which, disguise it as they would,
^ras but a standing army of 50,000 men on fur-
lough— the expense necessary for carrying on
SDCD B system as this, would bring gentlemen,
^rhetber they would or not, to think of tbe popu-
larity of the measure. Why was not this mea-
sure carried into effect at the last session of Con-
gress? Was it that QresI Britain had discovered
a greater disposition to yield her Orders in Couo-
eif than she did nowl Mr. T. said, the nation
stood in the same situation now as it did then,
except that the breaking up of tbe negotiation
-with Mr. Rose, at the last session, seemed to give
the atmosphere more of hostility and war, than
at any lime during the present session. When
the euairof the Chesapeake had been receni, and
a mockery of discusaioa had taken place o
why had not this measure from the Senate
members of which held their seats for the iern
of six years, and were secure in their seats foi
iwo, four and six yeaTs, been adopted then 7 Mr
T. recalled to the recollection ot the House, ihc
circumslaneea which bed broken down the for
mer AdmiDistraiioo, amongst the most promineni
of which was the establishment of a Navy, The
fact was, he said, thai no Administration, even i:
composed of Adamiles, Pickeronians, Jefferan
nians, and Madiionians, alt combined to assis
one another, could- uphold this navy system ir
time of peace. Tbe common sense of the natioi

would frown them down. He said he was wil-
ling that the next Administration should have fair
play. There seemed to be a diapositioa to idcDiify
the future Administration with the present — ha
liked il the better for it — the future AdmiQisiration
lid then be opposed to having this millstone
in^ round its neck, for the present Execulivs
bad given an iniiraaiion aspiainlyasheeouldihat
wanted not this force. He wished every Preai-
it to have fair play, and where his patriotism
IS undisputed, that he should not have mea-
es forced upon him, which he did not desire.
'. T. said, he had not expected to hear from
> gentleman from Maryland, (Mr. Kbt,) who
last year voted for gunboats as auxiliaries to for-
tifications, that he now wanted frigates as auxil-
liaries to gunboats. Neil, 71-gun ships would
be wanted as anxiliaries to frigates, till they got
to ships of ISO guns, as auxiliaries to gunooatsl
The example of former nalions, he said, oasht to
impress gentlemen with the importance Ol this
subject. Gentlemen had said, that the marine
league from our shore bad been violated; and so
Mr. T.said, thai of France had cooslanily been,
except where her batletiet had driven them away.
But had France sent out frigates for guarda
catlat? No; with all the revenue which she had
at command, she had considered ihe naval ayxteni
Bsasysten) ofprofnsion, of throwing away money.
And when Ihe few frigates which she possessed
had escaped from ber harbors, bad they hugged
along the coastl No ; for tbat was the place of
greatest danger; thev had ran on in the night
lime till they got off from their own coast for
safety. And if we were to send out frigates he
hoped" they would not be guarda coatat, but go
off to some d istanoe,- and play hide-and-seek with
the enemv, and not stay m the very place where
they would be sought for,,

Mr, Newton said he was willing to support on
his shoulders all the odium which the adoption of
this measure would excite. Instead of a mill-
stone bung around ihe next President's neck, it
would he a buoy lo support him. If any effect
waa produced on ibe popular feeling, it would be
against those who refused lo adopt the measure.
In case of an attack anywhere, would not every
man who refused to send out this force, be cen-
sured for having done sol Surely he would.
Those who are opposed to us, said Mr. N., who
say thai we are in possession of power and abusa
it, will justly come forward and say that the
helm of 8 tale ought lo be wrested from our hands,
because we shall have left the nation exposed to
the insults of a foreign Power. When the lubjeet
presented itself thus, he said it had an awful bear-
ing. There was no fear of war from sending out
our navy. Was the power of peace or war placed
in the hands of a naval commander? No. Gen-
tlemen had said that tbe Decaiurs of tbe nation
would be seeking opportunities to wipe away the
disgrace of the affair of the Chesapeake. Did
gentlemen recollect that Decatur ana the Chesa-
peake had been out some time on the coast?
There was no fear of their precipitating Ihe na-
tioD into war. But it was said thai the Fresideot

.yGoogIc

I08T

HISTOaT OP OONOBBBS.

1068

t/awU EttabiiAmMt.

J AND ART, II

Hi not wint ihJB force, becauH he hid do
quired it. Mr. N. called upon genilemen ii
callect ibai (he President bad at ibe openins of
the eetsioD deTolred upon CoDgreis ihe work ot
preparilioo. He quoled the President's me»ssge
to ihow thai be had not taid what should or
ahould Dot be dooe, but that the reprFsentaCirea
of the nation, cotuing from the midst of the
people, were the best judge* of what ought lo be
done. Mr. N. said tio rasa wiihia these walls or
in the Uoiled States had more respect for the
Ptesideul of tbe United States than bimaelf. As
much a* he lespecied that man for his erainent
■crvices, tbe reward of which be trusted he would
teceire, and that bis retirement would be as honor-
able as that of an* slatesman or patriot that ever
lived, yet. ifhe differed in opiiijan with this exalted
character, he laid be should consider it his dutjr to
pursue Ibe dictates of bis judgment. If this bill
were not passed, he conceived that the President,
■eeing from the debates of Congreta the dispoiitian
of a coDsiderahle portion of tbe representatives of
ihs nation, and tnose from the parts most ex-
posed lo foreien attack, woold immediately order
»il tbe naval lorce to be pat into requisition. Im-
preased as he was with the necessiiv of this mea-
anre, and not seeing any good whicn could result
from the twotumitment of the hill, he should ad-
here to the vote wbicb he had given; and par-
ticular!]' as he considered that tbe safely of the
Uailed Stales required the pafxage of the bill.

And the auesiion on recommitting the bill
being DOW taken, it pasted in the negative— yeas
6B, nays 59, 1* follows:

TsAs — Etiu AtMandec, LemiMl J. Alston, Wtllii
AtitoD, Jan., David Bud, Williatn W. Bibb, William
Blsokladge, Thomsi Blount, Adun Boyd, John Boyla,
Robert Brawn, WiUiam Bullai, JMeph CsUwan, Geo.
W. Campbell, Gpaphroditiu Chsmpion, Martin Chil-
tanden, John Culpepar, Samuel W. Dana, Joseph
Desha, WUliam Ely, John W. Eppaa, Heahaek rrink-
lin, Barent Gsrilenier, Tbamas GboUon, jun., Edwin
Gisy, Villiam Hoge, Jsm» Holland, Benjamin How-
aTd, Richard Jackson, Richard M. Jahoaaa, Nfttbaniel
Macon, Robert Marion, Daniel Montgomery, junior,
Tbomai Moore, Jeremiah Morrow, John Marrow, Tim-
othy Pitkin, jun., John Porter, John Randolph, Jobs
Rea of PcnnaylTinia, John Rhea of Tenne■■oI^, Jacob
Hcbards, Matthias Richards, Lemuel Sawyer, John
Smilie, John Smitfi, Samnel Smith. Henrv Boutharil,
Bk^ard Btanford, Hamnal Tag^rt, John Taylor, JtAn
TbompaoD, Abram Trigg, Jabei Upbsie, Jeaie Whar-
ton, Robert Wbltehill, DaTid R. Williams, Aleiandai
Wilaon, and Richard Winn.

NAva— Eiekiel Bac«i. Burwell Basaett, J. Blake,
jnn., Matthew Clay, John Clopton, Richard Cutis,
John Davanport, jun., John Dawaan, Joiiah Deane,
Daniel H. Durell, James EUiot, William Findley,
James Fisk, Fiancia Gardner, Charles GolJaborougb,
Isaish L. Green, John Harris, William Helms, Daiid
Holmes, Reuben Kum^ireys, Oaoiet llsley, Robert
Jenkins, Walter Jonea, Jamea Kelly, Philip B. Key,
John Lambert, Edward 8l. Loe Livermore, John
Jjove, Matthen Lyon, Joaiab Mailers, William Mc-
Cnmj, William Milnor, John Moatgontery, Nichols*
B. Moore, Jonathan 0. Mosely, Gurdon S. Mumford,
Thomaa Nonton, Wilson C. Nicholas, Josiah Quiney,

Samnel Rikar, John Rowan, John RosmII, Ebenewt
Besver, Samusl Shaw, Jamas Bloan, Dennis Smelt,
Jededith K. Smith, Clement Storer, Lewis B. Sturge^
Peter Bwarl, George M. Troup, Jamc* 1. Van Alen,
Philip Van Cortlandt, Nicholas Van Dyke, Arcbibald
Van Horn, Killian K. Van ReriHelaer, Daniel C. Ver-
planek, Isssc Wilbour, and Natban Wilaon.
An adjournment was called for, tind carried.

TamtenAY, Jatiuary 13.

A message from the Senate informed the If oase
that the Senate have passed a bill, entitled "An
act supplementary id an act. entitled 'Ad act
more eSectually to provide for the national de-
fence by ef^tablishing a uniform iniliiia ihrbugh-
out tbe United States;" to which they desire
the concurreuce of this HoOse.

NATAL ESTABLISHMENT.

TM House resumed the consideration of the
amendments proposed by the Senate to tbe bill,
entitled "An act antfaorixio^ tbe appointment
and employment of an addttiooal number of
navy officer*, *eaaien, and raarinea:" Where-
upon, the second amendment of tbe Senate to
the aaid bill, which was depending yesterday at
the time of adjournment, being again read at
the Clerk'attible,and farther debate arising there-
on, a motion was made by Mr. Jobei Moiit-
ooHERY, ibat the said ameoilmeDtt of tbe Senate,
losether with tbe bill, be reaoinmii(ed to tbe eon-
sideralioo of a Cominiitee of tbe whole House :
And tbe question being taken thereupon, ti was
resolved in the affirmative — yeas 69, nays 53, aa
follows :

YlAS — Evan Alsiaader, Lemuel J. Alston, Willis
Alston, jr., David Bard, Joseph Barker, Bnrwell Baa-
sett, William W. Bibb, WiUiam Blackledge, Thomas
Blount, Adam Boyd, John Boyle, Ri^it Brawn, Wil-
liam A. Burwell. WUliam Butler, Jowpb Calhouii.
George W. Campbell, Martin Cblttenden, John Clop.
ton, John CuJpeper, Ridurd Cutta, Josiah Deane,
Joseph Desha, Jobn W. Eppes, WiUiam Findley.
Meah>ck Franklin, Thomss Gbolson, jun., Edwin
Gray, John Heister, William Hoge, James Holland,
Banjsmia Howard, Richard Jackson, Richard M.
Johnaon, Walter Jonea, Thomaa Kenan, John Lam-
bert, Nathaniel Macon, Robert Marion, Williain Mo-
Creery, Daniel Montgomery, jun., John Montgomery,
Nidiolai R. Moore, Thomaa Moore, Jeremiah Morrow,
John Morrow,RagerNelMD,Tho«.Newb«kl,J«hn Por-
ter, John Pagh, John Rea of Pennsylvania, John Rbea
of Tennessee, Jsoob Richards, Matthias Rieharda, Lesa-
ucl Sawyer, Gbeaeier Beaver, Dennia Smelt, SiAn Smi-
lie, John Smith, Samuel Snith, Henry Soatbatd, Ricb-
wd Stanford, John Taylor, Abram Trigg, Jsbes UpbaM,
Jaaae Wharton, Rabat Wbitehilt, David R. WiUiaus^
Ateiander Wilaon. anil Richard Winn.

Navs — Eiekiel Bacon, John Blake, JDnior,Hatlbew
Clay, Samuel W. Dana, John Davenport, jun., John
Dawion, Daniel M. Durell, WilUam Ely, Jomea Fiak.
Francis Gardner, James M. Gamelt, Charles Gidda-
borough, Isaiah L. Green, John Harris, William
Helms, David Holmes, Reuben Humphreys, DanicJ
Bsley, Robert Jenkins, James Kelly, Pbilip B. Key.
Joseph Lewis, Jan., Edwaid S^ Loe Livermore, Ed-
ward Lloyd, John Love, Matthew Lyon, Josiah MaMerc,

.yGoogIc

mSTORT OF CONGRESS.

1070

jANnART. 1

fmporiation of Sait.

H. OP R.

Wtllum Milnor, Jonatban O. Moselj, Gordon 8.
Mumford.Thomu Nenten, WUion C. Nicholu, Tim-
oUiy Pitkin, junior, Jotiah Quinc;, Sunuel Riker,
John Roiran, Jahn Buurll, Samuel Bhaw, Jamei 8Io&n,
Jedediah K. Smitb, William Sledmui, Clement Storer,
Lewia B. Stargei, Peter Swut, Benjamin Tallmidge,
John TbompaoD, George M. Troup, Jamea I. Van
Alen. PhUip Van Cortlindt, Nichotaa Van D;ke,
ArchibaliJ Van Horn, KilUpn K. Van Reniaelaei, and
Nathan Wilson.

Reaoloed. That the aaid bill and amendment!
be made the order qf the da? for to-morrow.

An adjournmeni was then called for, and
carried.

Fbidat, Januarf 13.

The Sp&akcb laid befora tba Uonse a letter
from the Secretary of the Treasury, accompanied
tviih a statement eihibriiDg ihenmouni of duties
mod drawbacks ou goods, wares, and merchan-
dise, imported into the United Stales, and ex-
ported thetefrom, during the years 1805, 1806, and
1807, inclosiTc. prepared in pursuance of a reao-
luIioQ of this House of the third of Marcb, 1797;
which were read, aad ordered to lie on the table.

Mr. MuMFoan presented memorials of the «ur-
Tiring- officers of the late Rerolutiouary army
and navy of the State of New York, respectively
Hating their claims to (he interest on final settle-
ment certificates for pay, and on commutation
certificates; also, (he interest upon one-third of
the principal of ibeir lespecEire final settlement
certificates and commuiation certiScalcs, from
the periods ijr dales therein menlioaed. — Referred
to the committee appointed, on the (weoty-sizth
ultimo, OQ the memorialsof sundry late officers of
the Rerolutionary array.

A Message was received from the President of
the Unitea States, transmitting the account of
the fund established for defraying the con'iiD^ot
expenses of GoTeromeot, for the year 1808. [Of
the twenty thousand dollars appropriated for llial
purpose, (wo thousand itollars were deposited in
lbs bands of the Ailorney Qeneral of the United
States, (0 pay eipense* incident to the prnsecu-
tion of Aaron Burr and bis accomplices, for irea-
Ron and raitdemeanors alleged to have been com-
mitted by them; nine hundred and niDety dol-
lars were paid to the order of Governor Williams,
on the same account; and the balance of seven'
teen (housnnd and ten dollars remains in the
Treasury unexpended.]

Ordered to lie on the table.

Mr. Lewis, from the Committee for (he Din-
trict of Columbia, presented a bill to incorporate
the Trustees of the Presbyterian Church in the
towu of Alexandria; which was read twice, and
committed to a Committee of the Whole on
Monday next.

Mr. Nelson presented a memorial of sundry
late officers of (be Revolutionary army, residing
-within the State of Maryland, praying that they
may receive an allowaoce of naif-pay for life, in
consideration of the respective aeivices rendered
bjr the memorialists in toe capacity aforesaid, in
lien of the commntation of five years fuU [ny,

which hid been accepted by the officers of the
said Revolutionary army, at the close of the war
with Great Britain, as an equivalent for the said
half-pity- — Referred to ibe committee appointed,
the twenly-sLilh ultimo, on the memorials of
tundry late officers of the said Revoluiionary

e bill sent fro

the Senate, entitled "An act
;, entitled 'An act mora

suppli

effectually to provide for the national defence, by
establisbing a uniform militia throughout the
United Stales,'' was read twice, and committed
to the committee appoinied, the elerenih of No-
vember last, on so much of the Message from (b«
President of the United States, at the commence-
ment of thepreaent session of Congress, as relate*
to the Military and Naval Establishtqeota, to
consider and report thereon (o the House.

Mr. PomDEXTER.fromihe eoromittee appointed
on the twenty-seventh ultimo, presented a bill for
the relief of Alexander Bailtie ; which was read
twice, and committed to a Committee of the

miiiee of Ways and Meatis, presented a bill for
imposing additional duties upon all goods, wares,
and merchandise, imported from any foreign
port or place ; which was read twice, and com-
mitted (o a Committee of the Whole on Monday

Mr. G. W. Campbell presented two memo-
rials, on the subject of the batture a( New Or-
leans, which were referred.

IMPORTATION OF SALT.

Mr. BoBWeLL, from the committee appointed
to inquire into the propriety of providing for a
supply of salt, reported, in part, a bill authorizing
the President of the United States to permit ves-
sels (o depart from the ports and haroors of the
United States for the purpose of bringing in salt ;
which was twice read, and Committed.

The following letter from the Secretary of the
Treasury was also laid before the House:
TacAniBi DivAB-niiNT,

January 7, IB09.

8iB : I had Iha honor to receive your letter of the
17th ult reqaeacing snch information ai I ma; poa-
■eu reapeeting the means of obtaining immediata and
permanent enpptiea of salt from the eatabli^mienta of
the United Statai.

The annexed statement A ahowi the annual con-
sumption of imported salt for each of the calendar
year* 1803 and ISOT, after dedncting the qaantitiea
used for the cod fiiherj, and also for pickled fiih and
nlted provisions exported from tho United States.

The annnal average is almoat three millions of
bnihelB, weighing each 96 pounds, eqaal to 76,000
tons, and requiring in Act 1S6,000 tons of shipping for
it* importation. It must also be abeerved that the de-
ductions above mentioned being calculated by the al-
towancei on fisher; and drawbacks ; and the allow-
ance being in fact greater than the amtmnt of duty on
salt employed in the cod Gshfli;, the qnanli^ of Im-
poiled salt actually coniumed in the United Btatea ta
greater than appears by the Blatement.

The atateneot B b intended to ahow the gns

.yGoogIc

1071

mSTORT OP CONQREeS,

H.orR.

Naval Enabliihmtnt.

Jahdabt, ism.

■iDODDt oT nit mnuilly impoiUil foe the jnre I80S
■od 1607, and the countrie* htim nhich importvil.
Ths mannir m wbich the Rccoanti sre kept at the
Tieuur; hu rendered it mare conTcnient to give the
amoant in thii initance for the yemn endtDg the 30th
September then for calender jean.

It will be perceiied by the itatement A, that the
domcetio eetabtiibmenti b&ie not increued, even in
the UDie ratio u the population of the United Statea,
for the Bverige of their conaumption of imported lalt
ii greater for the laat than for the first yean of the
■tatement. Conaidering alio the regularity o[ the
importationa, and the well known fact that (he article
haa been principally imported aa ballMt from England,
there ia reason to believe that the quantity of 4all now
in the oinnlrr ia veiy inadequate to the aupply of the
prsient year ; and I am confident that there can be no
reasonable eipectation of the deGcieniy being aap-
plied fbr Uial year from internal resources.

1 am, therefore, clearly of opinion, that every en-
eoiiragemenl ihould be given to immediate impoita*
tiona, and that messurrs should at the same tine be
adopted for the purpoie of inauring for (he lueceBdiiig
yeara a supply hoia domeitic eatabliahmentf.

The only meana of promoting immediate imporla-
tiotu appear to be: let, either to except salt from the
opeTa(ion of (he non-inteicourae act, or to put off the
general operation of that act till the Gnt of July next;
which Hat alternative appeara in every respect the
most eligible. Sd. To aulhariie (he Preaident (o jwr-
mit American veaseli to proceed, daring the contmu~
■nca of the embargo, to auch foreign ports as may be
designated by law, fbr the lole purpoae of bringing in
eargoee of salt.

The interoil resource* mart be drawn from either
the salt springs in the various part* of the Weatem
States, from the Onondego springs in the State of
New York, or fram the Atlantic shores.

The high price of salt in the Western States doca
not arise from the actual expense incurred in manu-
facturing the article, for it doee not cost more than
•evenly-Gve cents per bushel at the Indiana or W abash
Saline, and yet its market price has not been leu than
two dollars. It follow^, that the price is kept up by
leaaon of the qnantitj made being much leas than the
actual demand, and therefore that no considerable ad-
dition can be expected from the quantity — none cer-
tainly beyond the wants of (hat part of the countiy.

The quantity of salt made at the Onoodago aprings
may certainly be considerably incroaaed. I have been
informed that about 300,000 bushels are now tuiQaally
made, arul that the amount might, perhaps, be in-
creased to 600,000. On that subject, however, I can-
not form a positive opinion, but am satisfied that the
most aanguine calculations fsll verr short of the an-
nual consumption of the United Stales, and that the
principal resource to be relied on is the increase of
establishments On the seashore. These may be mul-
tiplied in numerous place* from .Massachaaetta to
Georgia ; and although the raped of the law laying a
du^ on importation hu checked their progress, expe-
rience hu proven that capital may be advantageously
amployed in that manufacture. I think that nothing
more is naceasary to induce, at present, the applica-
tion of a capital sufficient in a short time to produce
•Q adequate supply than (he certainty of not being
ruined by the competition of large importations at re-
ducHJ price*. But it i* doubtful wbeUier it would Im
moat ^gible to effect that abject by & boauty on the

domeatic manufacture, or by a renewal of the duly on
the importation, to take place after the finl ofJuiDiiy

1810, and to continue for years. A combinilioii

of both would perbep* be best calculated (o iniure kk-
cess, and also mos( equitable. Bute duty on impiirti.
tion alone i* the easiest to execute, and is pal Habb
(0 any Constitution* I objection*.

The encouragement thus given to domestic Mtsblidi-
ments may indeed, during the number of yeiiilowfaiili
(he duty or bounty would be limited, IncmM itu
price of salt. B nt that temporary inconTenicDn iluuld
be cheerfully *ubmitted to, if an adequate mppfj of
that neeeaasry article may thereby be ever sAa innnJ
on reasonable terms, and from internal reaonrcn not
liable to be affected by war or by any other blarTuptkia
of commerce. I have the honor to be, dK.

ALBERT QALUTH.

Hon. W. A. Buiwii,!,, CAairmm ^
NAVAL ESTABLISHMENT.

The Mouse resolved itself into a CommiiiM of
lh« Whole, 00 the amendnienta of the SeDttelo
(tie bill for employiag seameD and marines.

Mi. J. MoKTOOHERT inored to strike oui ihe
first atnendmeai of (he Senate requiring ibeFit-
sident (o cause to be manned and em plord lU
(he armed vessels Bad gunboats of [brtTDiinl
Slates, and insert a provision, leavin^Ltdiiicietioii-
ary with the President to employ them when"*'
in his opinion the public service mav reauireii.

A division of the question was called lurMU
to take it first on striking out (he woris in ilii
amendment of (be Senate,

On thia motion a deaultorv debate or [hmu
four hours took place, in which Messrs. J. G.Jict-
aoH, G. W. CiMPBELi. Sloan. Smut, SmTS-

ABD, Bj>t:0If,OABDHEB,QB0l.80II,DAWe0N.NE*-

TON, Lloyd, MoselTjLove.Ltok, and VinDrn
partook.

The motion tojsCrike out was carried, S3 lo 43;
and the motion to insert negatived, 55 to4T-

II was understood that this vote deiiroyeil id«
first amendment in Committee of the Wbolt;
but (hat the House misht disaeree to ibe r^po''
oflhe Committee.

The question was taken separately ob each w
the other amendments from the Setnu, [M
adding to the number uf midshipmen, corponl^
seamen, and marintis,) and carried hf majuiiii!'
of four, fire and six votes.

The Commillee then rose and reporud to lb(
House their dieagreemsat to (he first ameiKlon'
oi the Senate, and (belt agreement (a tberem)!^
det. And Iba House adjourned.

Satdbhay, January 14.

The Hbuse proceeded to consider the bill, en-
titled "An act authorizing the sppointmenl ^°
employment of an additional number of ni^^r
officers, seamen, and marines," together wiih i"
amendments proposed by the Senate tiiereio^
Whereupon, a motion was made bv Mr. NicBfj;
LAB that tbe further consideration o/ the adm
and amendments be postponed until Mop";
neat. And the question being put ibeieupnOi i>
fras resolved in the affirmative.

.yGoogIc

HISTORY OP CONGRESS.

Janttabt, 180S.

DiMtretted Seamen.

M. OP R.

DISTRESSED SEAMEN.

The House resolred iiself into a Cotnmiltee of
the Wliole on ihe bill for the retier of sick, disa-
bled, and distressed seamen.

The blank tor the sum to be appropriated for
Ihe purpose was filled with 5200,000— si it y-eig hi
riling in the affirmative. The CommLilee rose
and reported the bill. The question on coneur-
reoce with the Committee in filling the blank,
baring been stated —

Mr. BtTRWELL said he should vote against this,
hecause he did not consider (bis class of the com-
munity ■■pariicularlf entitled to relief from the
aoTeroineot ; and even if it were proper, there
ivas no security in the bill thai the money would
be properly applied. He did not believe that
there was any such distress among the teamen as
represented.

Mr. Newton explained that the Secretary of
the Treasury had the directioa of the fund for
tfaerelief of distressed and disabled seamen, which
bad heretofore been supplied from a. lai on their
wages. This fund was now exhausted ; and the
Secretary of the Treasury Aid, if money were
not appropriated, the doors of (he ho'^pitals must
be closed against them, an office which the Sec-
retary did not wish to perform. He had, there-
fore, recommended an appropriation of $S00,-
000 for their relief Mr. N. then slated ihe pecu-
liar hardships attached to the seaman's situa-
tion &c.

Mr. Holland considered tbisa novel iReasure.
The seamen who were in distress, he conceived,
entitled to relief from the respective States in
which they might be, who were bound to sup-
port their poor. Indeed this money could not be
applied to the use of the eibbarsoed seamen gen-
erally, because it was only for the relief of those
who were subject to the municipal regulations of
the State in which they may be.

Mr. Q,DiNCT observed that the fund for the
support of distressed seamen had heretofore been
derived from a tax on the w>ges of the seamen.
This fond, which had heretofore been sufficient,
having been destroyed by the suspension of com-
merce, he asked. whether the General Qorern-
ment was not pledged to do soraeiblng for these
men, who would not have suBered but for its

Mr. Shiue was in favor of the bill. The funds
heretofore eiiablisbed for the relief of our sea-
men had been destroyed by a measure which had
been deemed necessary for the good of the coun-
try, and he thought assistance ought to be given
to them- Mr. S. called for the reading of the
Secretary of the Treasary'* report on the subject.
' Mr. TaLLManOH said that every gentleman
who attended to the reasoning of the report of
the Secretary of the Treasury, could not fail to
be convinced of the rectitude of his statement,
and the conclusion which he had drawn from it.
The General Government had destroyed the set'
Tice by which the seamen bad heretofore been
•npported ; io doing which they had thrown a
burden on the community in the same ratio as
the aetvice had beea deatroyed. The Secretary

of the Treasury had fairly and candidly (eld the
House that the fund for the support of the dis-
tressed seamen was destroyed. What should be
done 1 Should nothing be apporrioned from (he
funds of this Government lo support the estab-
lishment? He hoped and trusted that there
would. For the information of the gentleman
from Virginia, (Mr. Burwell.) who did not
know that this class of men was more distressed
than any other, Mr. T. said he would mention
that he had letters from different parts of the
Union, particularly from Philadelphia, from one
of the most respectable merchants in that city,
informing him that the merchants had formed a
fund for the relief of these persons, which had
been exhausted, the seamen being in the greatest
distress, without a stick of wood in the severe
weather even to cook their victuals, and request-
ing him as a member of ihe General Govern-
ment to eier( himself for their relief. Mr. T,
baid he would venture lo declare that this was
the case in all the potts of the United States, and
he thought it most unquestionably became the
Government to grant some sort of relief to these
citizens.' He believed that the appropriation pro-

EDsed was proper, and that less than that would
e too little for the purpose.

Mr. D. R. Williams thought the object of the
bill very laudable, but he wished a modificalion
of* the principle. He was willing lo advaoce the
3200,000, subject to be refunded from the funds
hereafter to be received for the support of this
establishment. - He thought ihig amendment
would be highly proper, because, from a docu-
ment in his hands, hefonnd that the funds of ibfl
establishment for the relief of sick and disabled
seamen, bad always been more than sufficient for
its support. In June, 1802, the balance of the
fund was S76,t8S; in 1803, the balance was S67,-
443. This showed that the funds arising out of
the iwenty-ceots-H-mooth-tax on the seamen's
wages, was more than adequate for the purposes
for which it had been established, and that the
fund would hereafter be able to refund to the
Government the moneys now about to be appro-
priated. Considering the commercial prosperity
of ihis Government sioce 1803, it was fairly pre-
sumable, ihat at the time of ihe imposition of
the embargo, the balance on hand was greater
than at the former period. Under this view of
the subject, iboUEh be had not the slightest wish
to delay the bill, he moved that ii lie on the table
until an amendment could be prepared.

Mr. Newtoh said Ihat the fund heretofore de-
rived from the tax on seamen, had not been more
than adequate to their support. In the town in
which he lived, persons had not been admitted
into the hospital who were acknowledged to be
entitled lo relief. In consequence of the con-
struciion put upoa the law, a great many of the
very people who had paid iwenty cents a moiith
out of their wages had been thrown upon the
commnnity as paupers, and supported by the
commuoity at large.

Mr. D. R. WiLLiAsia replied that the result of
the ameadment which be contemplated would

.yGoogIc

HISTORY OF CONGRESS.

1076

DiMtrt»»ed 8entMH.

Jakuaby, 1809.

be, that if there Deret wat a balance in (he fundi'

the rooneyi appropriiled would never be repaid.

Mr. BToar ueorecated the delay which would

reiult Trom ibe bili lying upon the table. Tb<

the General Qoyeranieut ■hould, by giving
aid to it, supply the dcBcieney. He represeoied
lbs peculiaiiiy of ihe seaman's general ebarac-
ter ; haTiog no thouchl for to-morrow, when de-
prived of his monthly pay, he was of coufh sub-
jected to dislreis. In the protection of the sen-
eral rights of the communiiy, the General Oov-
ernment bad been compelled to subject the lea-
men to a particular ealamity. He, therefore,
ihou^ht that an additional' aid for the support of
the (ick and dis&bled should ha afforded by Coo-
Mr. D. R. Wiij;iAiiS withdrew his notion for
postponement, with > view of moving an amend-
ment.

Further debate took place on this subject, in
which Meurs. Sloah, Aleiandib, aDtitcy,
Stohv, Shiue, Newton, and D. R. Williams,
advocated the principle of the bill, and Messrs.

H0Ul.AI«D,B0TD,GABnENIER,a0dMA00N^0ppOKd

it. Mr. Oardehlgb started a Consiiiuiional ob-
jection to tbe billi he said Ihat there was no
power given under the Consiiiulion by which
either Home of Congrets could be ' *

._ .... alms-house; il was assuming the

of the ]egislati7e powers of the Slates, which bad
never even been proposed lobegireo to the Qei
eral Qovernmeat. He said he thought he saw
disposition in a certain part of the OoTeroment
to encroach upon the rights of the Stales; and
in however pleasing forms those encroachments
were dressed, they ought to be guarded against.
To this it was replied by Messrs. QniNcy and
Story that, as, under the unction of a law of
the United States, hospitals had been erected,
and they labored under a temporary embarrass-
ment, it was in tbe power of the General Oov-
efoment to afford them temporary assistance. If
the General Qoveroment bad a right to establish
marine hospiiabi, (which question had been set-
tled and acted upon for miny y6a[s,)iand the
funds for their support should fail, it was ia the
power of Congress, under the general clause of
the CoDstitutiun, to provide temporary funds for
their supporL

Tbe question on inserting $300,000 was taben
by yeas and nays, and carried— Yeas 69, nays 37,
as follows:

Y«i« — Etsh Alexander, Willis Alston, jun., Bl»-
kiel BscoD, Joseph Barker. BurweU Bassett, William
W. Bibb, Willism Bisckledge, John Blake, jun., John
Bo;le, EpsphrodilDi Champion, Martin Chittenden,
John Colpeper, Richard Cutis, John Divenport, jun.,
Joeisk Dcane, Dsoiel M. Dnrflll, William Pindlay,
JslDMS Fiak, Fruuri* Gardner, Inalah L. Orean, Wm.
Helms, David HdIdih, Benjamin Howard. Daniel
DaJej, John G. Jscksoo, Ricbard Jackson, RobBrt Jen-
kins, Richard i\l. Johnson, Wilt«r Janss, Jamca Kelly,
William Kirkpatrick, John Lambert, Matthew Lyon,
Robert Marion, Josiak Maatara, WtlUam McCreery,

William Milnor, Joha HontgoaiBry, Nidtolaa R.
Muors. Jareniah Morrow, John Morrow, Gordon 8.
Mumfijrd, Roger Nalion, Thomas Newton, Josiah
Quincy, Jacob Richards, Samuel Riker, John Russell,
Lvmual Bswjer, Bbenezer Seaver, Samuel Shaw,
J unei Sloan, Dennis Smelt, John 8milie,Jededish K.
Smith, William Stedman, Clement Storer, Joseph
Story, Peter Swart, Samuel Taggsrt, Benjamin TsU-

idge^ John Taylar, Jabn Thompson, Jams* I. Van

an, Daniel C. Verplanck, Isaac Wilbour, David K.
Williams, Nathan Wilson, and Richard Winn.

Nats — I.amnsl J. Alston, David Bard, Thomas
Bleoat, Adam Boyd, Bobait Brown, William A. Bur-
wdl, William Butler, Joseph Calhonn, Matthew Clay,
John CIoMon, Jowph Desha, James EUiot, John W.
GKwa, Meshaek Fiuklin, Barent Gardenier, Thomse
Gholson, jdDh Charlea Goldsl>an>n^ John Heistei,
William Uogv, James Helland, Jos«ph Lewis, jtm.,
John Love, Nathaniel Macon, Denial Montgomerji
Jan., Thomas Moore, Thomas Newbold, John Pugh,
John R«a of PaonnlTsnia, John Rhea of Tennessee,
Matthias Ridurds, J^n Rowan, Samuel Smith, Rich,
aid Stanford, Nichotai Van Dyke, Archibald Van
Ham, KUIian K. Van Rensselsar, and Robert White-
hill.

Mr. D. R. WiLLiAMB moved to add to the
clause making the appropriation the fallowing
words: "And that the same shall be refunded in-
to tbe Treasury of tbe United Slates out of such
sums as may accrue to Ihe fund for tbe relief ai
disabled seamen." This amendment was modi-
tbe suggestion of Mr. Qdinct, by_ adding

to it the words:

for which t

amendment, as modified, was at^reed to.

Mr. Stedhan moved to add to the bill tbe fol-
lowing icntence, wbieb he conceived would make
the bill conform to the Secretary of the Treasu-
ry's letter oo tbe subject : "And shall he eipended
therein in proportion to tbe amount culleeled in
each, (port,) on secouni of the fund for the re-
lief of sick and disabled seamen during the year
1807." This was objected lo by Messrs. JUacon,
D. R. WiLLiAua, aod Newton, who declared
that it would defeat tbe object of the bill, and if
adopted would compel many lo vote against the
bill. Mr. Steduah, desirous that the bill should
pass, withdrew his amendmeai.

And OQ the queiilion, "Shall the bill be en-
grossed ftjr a third reading?" there wer« in favor
of it 51 — against it 24.

The bill was ordered to be read a third time on
Monday.

Monday, January 16.
Mr. Van Hobh presented a memorial of sandry
inbabilants and proprietors of lots or parcels of
land, iu Georgetown and its vicinity, in the Ter-
ritory of Columbia, slating certain objections to
the provisions cootained in a bill now depending
before the House, suppteraentary to tbe act, enti-
tled ''An aet to amend the chnrterof Georgetown f
and praying that the said bill may be revised and
ameoded in such manner, previous to its passage
into a law, as to the wisdom of Congress shall
, appear best calculated to ptomoie the cc

.yGoogIc

HISTORY OF CONGRESS.

JlHUABI, ISOa

Indiana lirrUory— Naval Ettabliihment.

H. or R.

and beoefii of (be meinorialiaiB, and othera.— Re-
ferred to tbe Committee of the Whole to whom
was eommiiied, on the fifth iiistaiit, the bill lup-
plemeotarf lo the aci, emiiled "An aei to amend
(be charier of QcorgeiowQ."

The bill for the relief of Edward Beamont, dow
jtnprisoaed for the buid of four hundred dollars,
due a* a peoaltjr to the Uoited States, went
through tbe CoTomittee of tbe Whole, wrs report'
ed to the House, and ordered to be engrossea for
a third leadiag.

DISTRESSED BEAMEN.

Ad engrossed bill for the relief of lick, disabled,
tnd disirested searueu, w«b read the third time;
and on the question that the same do p*si, it was
resolred in the affirmative — yeas 66, najrs 30, as

Yi*i — Etid Alexandar, Wltlia AJston, jon., Joaeph
Bilker, Burwell Bswett, Willism Blsckledge, John
BIske, jnn., John Boyle, George W. Cunpbell, John
Culpeper, Richard CntU, Batouel W. DanR, John
Dawioii, Josiah Deane, DaniBl M, Dtirall, Williani
Ely, Ffineia Gardnei, John Harris, David Holmea,
Bonjirain Howald, Reuben Humphreys, Da^el Ilalej,
Robert JanlUB*, Itidiard M. Joluiaon, Walter Jonea,
Jamas Kally, John Lambert, Matthew Lyon, Robert
Marion, Joaiah Haatera, William McCreerr, WilKam
MilnoT, John Montgemei;, Nidudu R. Maora, Jere-
miali Morrow, John Hmidw, Uurdon B. Momlbrd,
Roger. NalfDD, Thouaa Nawton, Timothy Pitkm, jun.,
John Porter, Jacob Richarde, Bamnal RIksr, John
Iraitell, Ebeneicr Seaver, Samuel Shiw, Jame* Sloan,
Dennia Bmett, John Bmflia, John Smith, William
Btedman, Clement Btorer, Joaeph Story, Lewia B.
Siurgea, Petai Snart, Samuel Taggart, Benjamin
Tahmadge, John Taylor, John TliDinpaon, George M.
Troup, Philip Vau Cortlandt, Daniel C. Verplanck,
Jene Whirton, Isaac Wilbour, Nathan Wilson, and
Richard Winn.

Nii>— Lemnel J. Alston, DaTid Bard, Adam Boyd,
Robert Brown, William A. Burwell, John W. Eppea,
Maahaek FranUin, Junes M. Garnett, Thomas Ohol-
•on, jun., Edwin Gray, John Heister, William Hoge,
Thomas Kenan, Edward Lloyd, John Lotb, Nathaniel
Macoa, Daniel Montgomery, jun., John Fogh. John
Rem ot Feiuajlvania, John Rhea of Tennaaaee,
Matthiaa Ricbanli, John Rowan, Samnel Smith, Rich-
ard aianford, Jabai Upham, NicholBi Van Dyke, Arehi
bald Van Horn, Killian K. Van Ranaaelaer, Robert
Whitdiill, and Aleundar WilMm.

INDIANA TERRITORY.
Od motion of Mr. Tugnas. ihe House resolved
itself into a Committee of the Whole on the bill
for tbe dirisioo of the Indiana Territory. Tbe
blaaliB in the bill were filled, and it was reported
to the House.

[The bill, as reported, provides that after tbe
1st day of March next, all that part of the Indiana
Territory which lies west of the Wabash river,
and a direct line drawn from the said Wabash
rivet and Post VLncenoes, due north to tbe Tei-
ritoriat line between ihe United States and Can-
ada, shall, for the purpose of temporary govern-
ment, cODStiluie a se|}araie Territory to be called
Illinois, atid that until otherwise ordered by the
legislature of (be said lUinoit Territory. Easkai-

kia,i)B tbeMisciMippi. shall be the seat ofOor-
nment ofihe Terrilory.]
Tbe bill was ordered la be engrossed for a third
■ding without a divisioD.

NAVAL ESTABLISHMENT.
The House resumed tbe consideration of the
neadmenis proposed by tbe Senate to the bill,
■tilled "Au act authorizing the appointmenl
and employment of an additional number of Navy
officers, seamea, and marines:" Whereupon, tbe
first amendment, to which the CcmroiUee of the
Whole reported iheic disagreement on ihe thir-
teenth instant, being again read at tbe Clerk'f
table, in the words following, lo wit ;

" Section one, line two. After tbe word "assemUed,'
naerl, 'That there be fittedout, officered, manned, and
imployed, aa soon as may be, all the frigates end other
irmed vesaeli of iha United Slstea, and gunboata :
That tba President ofithe United States be authoriMd
and empowered to csnae Ihe frigate* and armed vei>
sell, ao aooa aa they can be prepared for actual aorrice,
reqMctively, to be stationed at lucb porta and plaCM
on the aeacoast, as be may deem moat expedient ; or te
croiae on any part of the coast of tbe United Btalea,
or lenitoriea dieteof, and :"

Mr. MiLHOR explained the reasons why be
should now vote differently from his vote on a
former occasion. He wished thai the Honse
would not concur with tbe Committee of the
Whole in their disagreement to tbe first ameod-

Mr. STDBOse assigned the reasons for his vote
in a speech of about twenty minutes.

Mr. Story made a Koeech of about an hour
and a quarter, in favor of the amendmenls from
Ihe Senate.

Mr. Rhca, of Tennessee, spoke about five min-
ntes against ibem.

Mr. D. R. WiLLiAUB replied to Mr. Stort id
a speech of an hour.

Mr. Smiug spoke on the same side for about
fifteen minutes.

Messrs. Bacon, Lton, and Dorell, each spoke
a short time in favor of the amendmeDts from tbe
Senate.

Tbe qaesiioQ was then taken on concurring
with the Committee of the Whole in their disa-
greement to the first amendment of the Senate,
and carried — yeas 66, nays 55, as follows;

Tais— Evan Ateiao&er, WiUia Ataton, jnn., David
Bard, Barwell Bauett, William Blackledge, ThomM
Blount, Adam Boyd, John Boyle, Robert Brown, Wil-
liam A. Burwell, Williani Butter, Joaai^i Calbonn,
George W. Campbell, Marlin Chittenden, John Clop>
ton, John CHlpepei, Joaiah Deane, Joseph Desha,
John W. Eppea, Meshack Franklin, Barent Gardenier,
Thomaa Gholson, junior, Peteraou Goodwyn, Edwin
Gray, John Heister, William Uaga, Jamea Htilland,
Benjamin Howard, Richard M. Jahiiion, Thomai Ka>
nan, William Xirkpatrick, John Lambert, Edwafd
Lloyd, NatbiDiel Macon, Robert Marion, William Mo>
Craery, Daniel Montgomery, jua., Kicbolaa R. Moore,
Thomas Moore. Jeremiah Morrow, John Morrow, Ro-
ger Nelson. Thomsi Newbold, Wilion G. Nicholas.
John Porter, John Fugh, John Randolph, John Rea
of Pennsylvania, John Rhea of Tennessee, Jacob

.yGoogIc

HISTORY OF CONGRESS.

1080

H. or R.

F\>rtign Itelatunu.

Jandart, 1809.

HicbBrdi, Mitlhiu Richudi, £b«Deiar 8ekTu, Dannia
Smelt, John Smilie, Jaliii Hinilli, Samaal SmitK. Houtj
Southard, Hichaid Staaford, John Taylor, Jabei Cp-
bam, Daoiel C. Verplanck, Jeue Wharton, Robort
Whitehill, Isaac Wilbour, DiTid R. WilUam>, Alexan-
der Wilion, Natbin Wilaon,aiid Richard Winn.

tftra — Eiekiel Bacon, John Blake, jon., Matthew
Clay, Bichard Cutti, Samuel W. Dana, John Daven-
port, jun., John Dawaon, Daniel M. Durell, Jimea El*
fiot, William EI7, William Findlej, JtmoaFuik, Fran-
ci> Gardner, Charle* Gotdiborongh, laaiah L. OrMn,
John Hartia, David Holmei, Reuben Humphreya,
Duiiel Ilalej, John Q. l^Juoo, Richard Jackaon,
Robert Jcnkini, Waller Jonee, Jamei Kelly, Philip
B. Kej, Joieph Lewis, junior, Ednard St. Loe Lifer-
more, Matthew Lyon, Joiiah Muten, Willitra Milnor,
John Montgomery, Jonathan O. Moeely, Gurdon S.
Mnmfbrd, Thomai Newton, T'niothy Pitkin, jr., Joiiah
Quincy, Samuel Riker, John Rowan, John Ruaaell,
Samnel Shaw, Jamea Sloan, Jedediaii K. Smith, Wil-
liam Stedman, Clement Storer, Joseph Story, Lenia B.
Bturgea, Peter Swiit, Samuel Taggait, John Thomp-
son, George M. Troup, Jamea I. Van Alen, Philip
Van Cortlandt, Nicholas Van Dyke, Archibald Van
Horn, and KilUan K. Van Rensselaer.

The question was tben taken thai the Houae
do concur witti the CommrUee of Ibe Whole in
their agreement 10 the second AmendineDt, and
r»ot7ed in the RfSrmaiiTe.

The third aiDGndnient, to which the Committee
of the Whole House also reported their agree-
ment, wa) again read, in the words folloniag, 10

" Section one, line five. Strike out, ' two tAiHuand
•esnien,' and inaert ' four thousand four hundred and
forty-seren able •eamen, ordinary seamen, and bojs."

The question was thea taken that (he House
do coDcnr wiih the Committee of the Whole in
their agreement to the same, and paiaed in the
nefpttive — yeas 41. nays 73, as fullowi;

Tiis^Burwall Basaet^ John Clopton, Samuel W.
Dana, John Dawson, Daniel M. Dnrell, Jamea f iak,
Thomas Gholaon, jnn., CharlES Goldaborough, Iiaiah
L. Green, John Harris, David Holmes, Daniel Haley,
J<din O. Jtckson, Robert Jenkini, Thomas Kenan,
WilliBm Kirkjiatrick, Matthew Lyon, Wm.McCreery,
, William Milnor, John Montgomery, Nicholas R. Moore,
Jonathan O. Mosely. Roger Nelaon, Thomas Nenbold,
Thomu Newton.Wilion C.Nicholas, Timothy Pitkin,
jun., Samuel Riker, Ebenezer Seaver, Samuel Bhaw,
Jedediah K. Smith, John Sntith, William Stedman,
Clement Storer, Joeeph Story, Peter Swart, James I.
Van Alen, Nicholas Van Dyke, Archibald Van Horn,
Daniel C. Vsrplanck, and Isaac Wilbour.

Nita— Evan Aleiander, WUlts Alston, jnn., Eze-
kiel Bacon, David Bard, William W. Bibb, William
Blackledge, John Blake, jun., Thomas Blount, Adam
Boyd, John Boyle, Robert Brown, William A. Buraell,
William Butler, loieph Calhoun, Martin Chittenden,

Bpp«a, Wm. Findley, Meahack Frankltn.B. Gardei
Francis Gardner, Peterson Goodwyn, Edwin Gray,
John HeiiUr, William Hoge, James Holland, Benja-
min Howard, Reuben Hnmphreya, Richard M. John-
Mn, John Lambert, Joseph Lewis, jr., Edward Llojd,
Nathaniel Macon, Robert Marion, Josiih Masters,
Daniel Montgomery, junior, Thomas Moore, Jereiaiah

Motmw, John Morrow, Gordon 8. Mumford, John
Potter, John Fugh, John Randolph, John Rea of Penn-
■ylvania, John Rhea of Tenneaaee, Jacob Bicbarda,
Matthias Richarda, John Rowan, J<^n Russell, Jamea
Sloan, Dennis Smalt, John Bmilie, Samuel Smith,
Henry Southard, Richard Stanford, Lewis B. Stnrges,
John Taylor, John Thompaon, Abram Trigg, Oeorg*
M. Troup, Jabei Upham, Philip Van Cortlandt, J sm*
Wharton, Robert Whitebill, David R. WilUama, Alex-
ander Wilson, and Richard Winn.

The fourth and fifth amendmeDla of lb« Sen-
ate to (he Mid bill^were ihea an in read, and,
upon the quesiioa seTeraJly put thereupon, disa-
greed to by the House.

The title, as amended by the Senate, was then
read, in the words following, to wit:

"An act for manning, arming, and equipping, Ibr
immediatfl service, all the public ships of war, vessels,
and gunboats of die United Stalea :

And, on the question thatihe title be so amend-
ed, it passed in the negative.

A mtnion was then made by Mr. BAaaETT Cbal
the Houae do reeoDsidet their vote of concurrence
with the Committee of the Whole in their agree-
ment to (be second of ihe said amendmeDta; and,
on the question for reconsideration, it was resolv-
ed in the affirmative.

The quesdon was then taken that the Houae
do concur with Ibe Committee of (he Wbole in
(heir agreement to the said amandmeni, and paaa-
ed in (he negative. .

Tdesdat, Jaituary 17.

An engrossed bill for the relief of Edward
Beamont was read (be (bird time, and passed.

A message front the Senate ioformed the House
that the Senate insist on (heir ameadmenta disa-
greed to by this House to the bill, entitled "An
act anther izing the appoiD(men( and employment
of an additional number of Navy officers, sea-
men, and marines," and desire a conference with
(his Hotise on the subject-matter of the said
amendments; to which conference the Seoata
faave apppointed managers on their part.
FOREIGN RELATIONS.

A Message was received from (he President of
the United States, communicating certain letters
which pBcsed between the British Secretary of
State, Mr. Canning, and Mr. Pinkney, our Min<
isler Plenipotentiary at London.

The Message and accompanying papers having

Mr. Bdhwell moved Ibat 6,000 copies of the
Mesaage and documents be priaied. He said,
while up, be could not refrain from expressing
hia regret that the Executive bad no[ (aken a di^
fereot courte to counteract the effect of Mr. Can-
ning's letter than (he one which he bad chosen.
It was impoBsible that any new evidence should
have been wanting to prove (bat our Government
had acted with ju:itice and moderation. But it
is so perfectly plain that we are waging a war of
honor and candor against treachery and intrigue,
(bat it is surprising that a stop baa not been put

.yGoogIc

1081

HISTORY OF CONOEBSB.

Januart, ]

Foreign Relaiioiu.

H. orR.

to it. Why ia it that oor pre«tea are tMoiiDg
wilh treachery? A regular ayBtem ii coiag Ob
to orerthrow the GorernmeDt. How is it thkl
men bigh in the Oarernmem say that no Torraal
oS«r was made lo Oieat Brilain to repeal out
embargo oa the reTocatioD of her Orders in Coua-
cil, whea there are doc u meals before us proving
directly the contraryl Yet, air, it was asiierted,
by me a high id office to this couDtry, that our
MLDisier had acted ooly in bis indiTidual capa-
city long before ihia British Minister's letter was
published. Bui what does this singular letter
amouai to ? Mr. CatiniDg wishes to prove that
tbe offer lo repeal the emoatgo was made in an
unofficial maoDer, when there is a formal letter
from him self in answer to the official note of Mr.
Piobney, making the proposition as from bis Qov-
crnmenf. Why did notUr. Canoing meet bim?
This letter of his is but a coniiauation of that
infamous iiystem of misleading the people of this
conntry which has been so long persisted in.
Recollect the speech of Mr. Canning on- the floor
of ParliKment on the 24th day of June lest. Sir,
I am sorry to mention this subject here, but when
1 see the rights of my country insulted, and pub-
lic sensibility worked upon as it has been, I can-
not restrain my feelings. It is time to put a slop
to this underhanded system. Can it be forgollea
what were tbe sentiments of the people of Amer-
ica when the famous Qeoet commenced his appeal
from the President, who properly put a stop lo f "
Why does Canoing contend that the Orders
Council were not knofvn to us at the time tl
the embargo was laid 1 It is to meet the feelings
of the country, Bod lo support views taken in this
nation. I hope that 5,000 copies will be printed,
and that this is (he last time we shall be under
the necessity of counleracting these insidious ap-
peals to the people.

Mi. Nioholas obserred, that the letters which
had just been read furnished another eviden'
tbe odulity and ability of the public servi
and RDolher signal- to warn the people of this
countiv of the danger which hangs over them, '
show that the British Government is in a cou
of intrigue for the plirpose of separating the peo-
ple from their Government. I want no other
evidence of this than the letter of Mr. Canning,
which has just been read. How did that letter

Set into the papers of the United States. It must
are been sent here by the British Gkiveroment —
for what purpose! It is an appeal by the Gov-
ernment of Great Britain to the people of Amei'
ica. On what ground is this appeal made 1 On
the ground of justice, of truth, or of sincerity ?
Neither, sir; it is for the purpose of deceiving
the people of this country with tbe most ungen-
llemanly and unmanly misiepresen la lions. God
forbid that I should believe that Great Br
has many adherents in this country; but that tbe
has some, this business ts to my mind full dem-
onstratJOD. How is this production received 1
How is ii ushered into the public view? Havi
tbe printers who first gave it publicity showi
even ■ common impartiality between their own
Governmeotaad that of sforaigD naiion? Have

they shown a desire lo heat what their Govern-
ment could say 1 Can these men he Americana?
sir J they are British partisans, pleading the
sof the British Government against their own.
Mr. N. said, he had before him a paper called tbe
Boaton CeiitvMl, containing sonoe comments on
Mr. Canning's letter. [Mr, N. here quoted some
passages from these comments, stating this letter
of Ml. Canning's to be evidence of a partiality
in ibeGoTernmeot of the United Slates lo France,
&c.] This is an American print, said Mr. N.,
and this letter is eiuliingly given to the Ameri-

in people as tending to show that their Govern'

ent has practised a deception upon them.

Mr. Tboop said, he believed that the publica-
tion of this letter was iotended by the British
Government to influence the people; and in order
that the whole truth mighl be widely dissemi-
nated, he moved that ten thousand copies be
printed.

Mr. Gardehibr concurred most heartily in the
motion for printing, and also in tbe proposition
for the largest number of copies. Assuredly if
there was a matter upon which it was important
that tbe people of theiUnited Stales should be
correctly informed, it was tbe subject which tbe
message of ihii morning placed before the House.
I for one, he said, cannot help regretting deeply
that the public confidence in tbe adraioisiratioa
of the Government should have been so shaken
by some cause or other, as that gentlemen of the
first respectability and no common influence in
this House, should 'be driven to the neceasily of
combatting on this floor the ebulliiioas of tbe
editor of a newspaper. Are thMe publications of
newspapers the topics fit for discussion in the
House of Representatives of the United States?
Is it come to ibis, sir, that a Representative of the
people, to protect his Government from public
odium, thinks it necessary to array the Repre-
sentatives of tbe nation against the humble editor*
of a newspaper? I feel humiliated that the affairs
of this country should be brought into such a
condition that it should be necessary that the
editor of a newspaper, for the first time, should
be refuted by -a memberof this House in his place.
I bad thought that these ebullitions passed hyihe
Oovernmenlasan idle wind which it heeded not.
Bat if the Governmeut is brought, eiiher by ita
own weakness or the machinations of a foreign
nation, to such a sitnation thai it cannot stand a
paragraph In a newspaper, it is brought to a low

ess indeed. But the remarks of this editor have
en introduced into the House. I do nol wish
at this time to go over the ground and admit or
deny the proposition which he conceives he has
established. But I regret that this humble editor
should have been made the subject of such severe
remark, not only because I wish that he should
have been unnoticed la this House, but because I
confess that in the material matter of fact, I can
see nothing of harm which this poor editor ha*
done. He has printed the tetter of Mr. Canning
to Mr. Pinkncy; nod it appears that he has pub-
lished a docutuettl which the Administration had
not thought propel to comiouDieate, but which

.yGoogIc

1083

HISTORY OF CWNGEESS.

1084

H. ofR

fhrrign Relatiom.

Jandakt, 1809.

was K'nuiQe Bnd iriM. From these fictj. now
established bejioad coDtroTersy, ihii ediior hai
nndertalien, for tbe amusenient and ioitructioa of
bis readen, to make certain comments which ap-
pear to bii mind proper. If ilie fact be ai ihe
editor has stated it, his comments are of do im-
poriaoee, especi*lif at this momeot, when newt-
papers on both lidei faa7e sriveo themseUes np to
such mitrepreietitaiioDS. Whether his iafereacsa
be eorrecilr drawn or not, ii matter for the people
to decide. Those remarks ars bat Tefleciion*
upon a document which on all hands is coneed«d
M be matter offset — and wbj shuutd genilenien
be alarmed if his iofereDcei be abaiird or tidico-
loatT If the integrity of the Administratioo op-
poses that impeaetrabii shield to the ihafli ofpitt
enemies which it always should do, wlieaee this
alarm 1 1 am fearful that the geailGman from
Virginia, (Mr. Nicholib,} whose known pru-
dence and good sense I cannot avoiil reFpeeitng,
Mw something more in all this than Ihe mere
nsual efforts of the editor of a newspaper; and in
the same proportion as be attaches importable to
tbem will the people do Ihe same. It is uafarta-
uaic for Ihe Administraiion that this coarse has
been pursued; it will awaken remark and mis-
chierous curiosity among the people. Probably
if ueniion had not been made of it, it might hare
passed without notice; but now I fear that sus-
picions will be entartained which but for this
mode might never hava been excited by the editor
of a newspaper. After all I must coafeK that I
da not And a great deal of fault with this editor
of a newspaper for ihe publiealion of a document ;
and his remarks art out of Ihe qneaiion. The
people of the United States caonoi know too
maeh. However the Administration may have
thought it of little importance to oommunicate
the documents heretofore, yet it can do no harm
to the. good sense of Ihe people (o read all that
fans passed. I see no dangei in it; and whether
it comes from the Cabinet of Great Britain or
from our own, 1 have that confidence in the peo-
ple nf the United States, thai I am willing to
trust them with it. If circamsianees throw no
blame on the Adminiairaiion, they need not fear
it. I am for publishing the whole because I am
desirous thai the people should know everything,
and shall always be tnankful Ihai a necessity (for
whatever reason) does exist for informing tbem.
And if I have causeof re^et on this subject, it is
not from Ihe same source as that expressed by
the gentleaaan from Vi^inia. My r^ret it that
this communiealion should not have neen made
before this time, and ihai the necessiiy of making
these documents public should in ihia manner
have been brought about. As a RepreseoiBiive
of the American people I feel humbled bythfa;
and whatever importance may be attached to it,
am sorry that the Administration has not hereto-
fore seen the necessity ot laying before the pub-
lie everything relating to their proposition li
peal the embargo; for ihe whole argumen. ._
favor of the continuation of iht embargo has
turned very much on the rejection by the British
GoTernment of ode eaadid ofier. It it of im-

portance that tbe propla should be apprized of
everytbiogconnected with that matter, because it
isihepivoion which the embargo has turned; and
IregrelexceediDgly that the President of ihe Uni-
ted Statesshould not have seen Ihe importance of
making these documents public hitberlo— that he
should have seen i t only when one of the lettera
was published. If J understand the message of
to day. Ihe reason why this communicatioD is
made, is, that Mr. Canning's teller is calculated
to make an impression uniavorable to Ihe char-
acter of the Qovernment, and tbe answer ii ne-
cessary to set them right. It would have been a
much better reason for communicating it hereto-
fore, that tbe people ought to be fully informed.
I know not whether tbe strongest sensation of re-
gret which I feel is, that it has not before been
made public by the Adminislration, or ihat this
House shotild be made the organ of communica-
tion, for Ihe purpose of preserving to it the confi-
dence of ibe people. Let gentlemen remember
Ihat as long as the liberty of (be press exists, it
will be licentious; that as long as the Republic
exists, there will be parties, those in power and
those out. It is to be expected that they will
assail each other frequently, ungenerously, and
with much calumny ; and Administrations mar
again fall as ihey have fallen. It is one of the evils
attending the invaluable liberty of the press. If
the printers publish nnirulh, I have no objection
to pnnisfa them, but I do not like these denunet-
aiiods of a printer, who will laugh at them. He
docs not care; be will acquire new vigor, and
those who participate io bis sentiments wilt like
him much better for the publieity given to hi*
name.

Mr. LoTi said, as he presumed from bis obser-
vations that the gentleman from New York wa*
Qoi in the House when ihe menage wa* read, he
rose to state that the answer of Mr. Piakaey was
not in the posseMion of the Oovernmeot when
the formal correspondence on the subject was
published. Whether or not it wu correct to no-
lice newspaper effusions on the floor, it was cer-
tainly quite as eorreot for one gentleman to com-
ment upon them as for another to rise in tbeir
defence. The statement which he had seen iii
the newspapers was not correct, and coald only
be intended for deception and to mislead the peo-
ple at this critical moment.

Mr. Macoh said, notwithstanding the lieen-
liousness of newspaper editors, he was against
any law for curbing them. Let them run their
whole length, said be, I only aik Ihe liberlv of
buying such of iheit papers as I like. As long
as the press is free, newspapers will make their
own comments; and a great many will make
ihose which I do notapprove. But it is really to
be regretted that I do not know a paper in the
United States that takes up both sides. I wish
there was such a one. On the subject of this
message, to be serious, it strikes me in a different
poinl of viewfrom that in which iihas appeared to
any other gentleman. Compare the fact of theex-
traordinary mode of publication of Mr. Cannings
lettai in New York, (some aay ia Bmiod) with

.yGoogIc

lose

HISTOET Of C0NGRSS8.

1086

Fbreign RdaHoM.

Janoabt, 1809.

•everal Uie tiUDHciioDH, at the toTitatioDS ofonr
citizeos to violate our Uwi, (he reueb on our
coast fureing a trader &e., and I can coasider
them ID DO other light than as appeals to the peo-
ple of this couatry bjr the Britrah Ministry. In-
stead of alienating the affeciioDg of this people
from tfaeJT GhrernineDt, it will loore itroDgljr
attach them to iL That Oreat Britaia ihoDld
address this raoaway procUmatioo to our people,
is not farprislnz. We are a peoiple made up of
Bmigraois and deeeandaais from diSoteni aatioDs,
and there are M>me meo Bmooott as who are not
ai Tirtuoue as a Calo or Arisiidrs. This eireuoi-
■lance wilt iaduce European Gh>Tera meats al-
ways to make attempts of this sort. Mr. Can-
uipg's letter has struck me in a curious paiai of
Tiew, compared with the documents heretofore
commuDJcated. At oua time hewanis conversa-
tions, and at another lime written cotnmDiiici-
tioDs. The Utter read to-day completely satisfies
iD^ mind on this subject. At the very time that
this tetter of the British Minister is publijhed at
Bostoo, a public armed ship appeared on the coast
of Gteorgia, ciuisio^ after cotton. Sir, noihiog
can be strooger evidence to me of the efQciency
of the measures which this nation has taken io
relaiioD to Europe, tban a fair examination of the
canduct of Oreat Britain towards as since. Why
the proclamation encouraging evaaions of our
taws t Why these publications T Why the ship
or ships on the coast of Georgia, sir? Facts
■peak stronfcer (ban words, the efficacy of our
measures. Can it be possible that a proclsma-
lion inviting violations of onr laws would be
issued, that armed ships would be scot on smug-
gling eipeditions on our coast by any civiJized
DBiioD which did not feet our measures? The
worst Oovernment that ever existed, ai well as the
worst man that ever existed, is desirous of main-
lain ing a ^ood character with the world. This
proclamBiion was not issued whilst we had any-
thing left afloat. When they cannot plunder
you, they will harbor yoor runaways. That is
the plain English of it, sir. On the subject of the
embargo, a* it hasbecomefaihionable, I will state
my impresiions of circumstances as they existed
at the time of its passage. As well as I recollect,
there were reports in circulation, that the British
Orders in Council had issned. I cared not for
it. I was satisfied that ibey wonld be, if they
were not, issued, and under that impression I
voted for the embargo. I am glad, sir, that we
had sagacity kufficieni to be so quick apon iheir
heels that they caught no plunder by their orde
I must here say, because it is my opinion, th
the Administration have not acted in respect
the embargo as they should have done, because
Ihey offered thai lo Great Britain which they
did not offer lo Frauce. Instead of partiality to
France, sir, ibe documents prove they have dis-

Elayed a partiality to Great Britaia. I would
ave offered the same lo both, although Oreat
Britain is our greatest tormentor, because she has
anavy. whilst the other has not. Thegentle
from New York (Mr. GARDEitiEB} leems to think
that it ia neceaiary to pablisfa ttteae doeumonis io

H. or R.

order to strengthen the Administraijoii. I much
doubt, sir, (and it is well known iliat on a differ-
■■ of opinion with the Administration I have
e out and opposed them with as much zeal
ny man in this House) if you ever have
another Ad mi nisi rat ion in these times of confu-
sion, which will go oat an popular as this. Every
new Administration will naturally carry with it
some men who are willing to sing hosanna* to
tire powers that be, to pay their devotions to the
rising sun. This will always happen; but do
Administration going out will be as popular as the

Sir, I care not with what view these doca-
ments were sent to us — I am glad they are come.
But I believe that the gentleman from New York
is mistaken in one statement he made — that this
was the finit lime that a newspaper had ever beea
commented on in the House ol Reptesentativea I
1 have seen a paper called the Aurora, repeatedly
brought jitto this House, and commented on to
prove the necessity of passing a sedition lew.
Perhaps there are some gentlemen in the House
who mayrecollect the circumstance. [Mr.QiK-
DEMiEnsaidihat this was before hit time.] With
the gentleman from New York, sir, I am witling
to trust the people ; and I believe truth wants but

half fair play to prevail, for I have sA^ her pre-
vail when she could not speak — when she had a
padlock on her mouth. Truth will prevail, and

It is tha interest of every Administration that acta
honastijr to publish all. I should wish to see the
Administration of this Oovernment lay aside the
practice of givinz a little at a time, and come oat
aionce and tay, Iwish to do this ; and then, if we
will net consent to do it, (here is an end of it.
With reapect toonr Oovernment playing caaoiog
against any oiber Oovernment, it is idle; it cat
nererdogood whilst they have unloU miltioasof
secret service money against our single cent. I
should therefore wish ihat foreign nations had no
Ministers here, nor we any there. Instead of gir-
ing Ministers nine thousand dollars to eo there,
1 would rather give them fifty thoutBDcTto cotte
home. I wish (he whole proceed iogi of our Ad-
ministration to beat the door of every man in the
nation ; that every man should have a copy for
himaelf. for hii wife, for each of hit ebildren, and
indeed for all his household. Had this beea done
iMreiofore. the present crisis would have been
nothing like whai it Is. They woald there have
seen truth, and facts precisely as they exist, nei-
ther euitailed or exaggerated by this or that party
paper.

Mr. Baoon said, that he rose merely to corraai
an error of statement into which the cenilcman
from North Carolina (Mr. Maook) had fallen, as
to the source from which the first publication of
the Stilish Minister kiad originated. The gen-
tleman had attribated it to a New York paper.
This Mr. B. believed was incorrect. Being de-
■irout, if either honor or censure conid be attach-
ed to any American press^from the circumstance
of its being considered the official organ oraforeisa
QoverniiieDi, that it should lie at the right door, he
tbougbi it proper to stale, ttiat the first appeanaae

.yGoogle

1087

mSTORT OF CONaRESS.

1088

H.OFR.

FoT«^ ReUuioiu.

Jan D AST, 1809.

of ibat leiirr wa*, ■? h« UDderalood, id ■ paper
called ibe "New EDxlaad Paliadiiim," primed
in Boston, There wai one oiher Tact wbich he
meatioDed willi sunie regret, it wa» tbis; ibat bf
■ome uafortmiRte coDcurrence of circumsiaocea,
■sBUredly witboul any improper iateniioo, the
printers of this paper had been by ihe Legialature
of Maisaeliusetta in the eoume of ibe preseni
year, desigoated ai ihe printers of their public
acts, and Ibeir paper was b aorE of Slate Qazelle.
On this unlucky coincidence, it would be as pain-
ful to him as it might be indecorous to indulge
ia any comments. From the known pairiotiBin
of that hOQurable LegiMature, however, there
could be no doubt that jf they should perceive
■oy sort of incorrectness in the conduct of their
aubordiaale agents if it should strike them as
incoogruiiy that their servants should appear
be acting in a double capacity, Ibey would
manifest their sense on the subject as should best
accord with their views of propriety, aud ihair
feelings of national honor.

Mr. FiBK thanked the geoiletnan from New
York for his complimetil to the people of New
England on their "mischieTouscuriosity." The
geaileman seems to luppoie, said Mr. F., that it
would have been more proper for the President of
the Uai^d Suiea to hare communicated these
documents for the purpose ofgivinga correct view
of our affairs, Ihaa for any other reason. I would
ask The genilemaa to point out what different view
the present letter of Mr. Canning, published first
at Bastoo, has given, from the ducunenu which
ikkve heretofore been published T Certainly oooe,
air. The only inference to be drawn from it, is
the insincerity or intrigue of the British Qovern-
ment) for, if the fact was, that Mr. Canning did
not accept the offer of Mr. Pinkney, because it
appeared to be unauthorized, bow happened it that
Mr. Cannitig forgot to stale it iti bis official, for-
mal letter, instead qf those reasons which he hat
Siven for the rejection of the proposal I Thegen-
emaa regrets that newspapers, or their editon,
•bould be noticed here. It is not from a disposi-
tion to give them importance beyond their merits;
but we discover something from their publica-
tions, and it is for thai that they are noticed— lo
ahow that there is an intrigue carrying on in this
country; that the British Qovernmeot is endeav-
oriiig to divide the people— to separate them from
their Oovernment tnrough the means of the press.
In the course of this session, air, many insidua-
tions against our own Oovcrnment have been
thrown out on this floor. My colleague (Mr. El-
liot) made one the other night, in the course of
a long speech, which 1 cannot now notice.

Mr. Oabdbnibr called Mr. FtsK to order, for
alluding to an argument which the lenileman

i Mr. Elliot) was prevented from mating, by a
eciaion of ihe Speaker that it was out of order.
Mr. Fiai; said he alluded not to what his col-
league had meant to aay, but to what he did say,
Mr. F. said he bad merely risen to ask, if the gen-
tleman from New York considered his insinua-
tions to be true, that be would show to the House
how or wherein they were trae. He hoped the

documents would be printed, and sineereljr joined
with the geoilenian from North Carolina in wish-
ing a universal diffusion of information.

Mr. Taylor observed, that, although not op-
posed to printing a very considerable number of
the documents sent to the House, yet in them*
selves he did not give them that importance which
some gentlemen were pleased to give them. And
he confessed, that, when a gentleman bad handed
him a paper containing the fatnous letter of Mr.
Canning, he had concluded, from the paper itself,
and the pitiful and [limping manner in which it
was ushered into view, that it was a forgery.
What is iti said Mr. T. A relation uf conver-
sations on particular topics, in which Ibe writer
himself assisted — not with a view, it seems, of
briD^ios them to an issue by conversation, for he
required that these conversations should De con-
sidered as nothing, by demanding thai his propo-
sitions should be made in writins. They were
brought forward in writing by our Minister. The
authorityofbisGovernmenttor them was vouched
to the British Minister; and of that proposition,
a rejection in the most insulting terms was re-
turned by Mr. Canning to our Minister, And
now, sir, the public mind here is to be misled by
a relation of a conversation which took place at
sev>;tal met^tings by this very polite gentleman,
who has been convicted by a whole nation of
falst^bood, by observing, in June, that no remon-
strance had been made by this QoverBmeni against
the Orders in CounciL The fact is, that the Or-
ders in Council will oot bear examination. For
the honot of the Honse I assert it, no gentleman
has come forward on this floor and vindicated
the Orders in Council, And yet the public mind,
it Is supposed, can be led from this great subject,
in which the honor and independence of the
nation are concerned — ^ibai the people are to be
deceived by a tea-table talk of Mr. Canning! I
could not have supposed that a man of his wit
could have been concerned in so weak a project
— he could not hare been eooceraed in iL Since
the effort has been made by some incendiary, let
uspour upon this pitiful scintilla — this small spark
of wickedness — the overwhelming torrent of con-
viction to the public mind, which is contained in
Mr. PInkney's answer lo that letter. But we read
eternally in the newspapers of a partiality lo
France in this Qovernmenl. Why^sir, the very
circumstance of this letter being withheld from
Congress by the Administration is a proof of a
disposition in the Government not to put at haz-
ard our present relations (precarious as they are)
with Great Britain. The letter of Mr. Canning
ought to have been, as it was, withheld till the
answer was received — and why 7 Because, the
broad calurony which is uttered against this na-
tion, in this cowardly manner, when the whole
truth in Mr. Pinkney's letter comes out, is found
to allude to newspapers, the very things we have
been talking of. Taken unexplained, I ask whe-
ther it would not have set in flames the people of
this nation? Read this clause:

" Yon gave ms, on that account, Ihs raost aatidae-
tor; proof that suiji miirepraeatation did not oiiginata

.yGoogIc

1089

HISTORY OF CONGRESS.

J\nOAtiv, 1809.

fbreffn Relationt.

H. opR.

with yon, 1^ commanicaUnK to mo th«t p«rt of your
deipatch in wbicb the eoDferencei pirticnlarlj rolerrad
to were retatod cornctly. But ttus tcij circa matancc,
which eitabliches yoai peraonal claim to cnliie cotiG-
diaca, provei at the aame time that a fai^iful report or
■ eonfereoce on your part ia not a aeeurity againat -*-
miarepteeentatioa."

As the ibiDgsliDds unexplained, who are the
periioDS xuppmed Id be capable of mikiog mJErep-
resealatJans 7 TbeaavernQieDt,air- TheAdmia-
istrattoD has had io thia iasiaace to luppreasfeel-
ingaiD which, had ibe letter been published, all the
honest pan of the oommanity would hare psrli-
eip&ied, till the esplaQatioD came. As this ex-
plimalioD has come, it does show that the persoos
alluded to as eapabIeDrina.kiagiiii3repreie[itations
are the editors of newspapers. I do cot, wilh the
gentleman from New York, regret the panic ulsr
notice Mken of the editor of a newspaper on thi*
subject, because the article alluded to itears a pe-
culiar character. It does not proceed from (he
futnesof the cauldron or the paws of little devils,
alluded to the other day (by Mr. Qdincv.) No,
sir } ait arch fiend had a hand in it — whether go
ibi»»r the other side of the Allanlic, 1 care not.
It i^ian appeal to the people ofibis country, made in
favor oriheBritishGovemmeot agaiost ourown.
Mr. Key said that he would give his hearty vote
for priming the greatest number of copies propo-
sed ; for he did conceive that the Amertcau peo-
ple ought to have full informaljon, and that [he
aniiilote should accompany the poison. J con-
sider the late publicalioo, said he, as the moil
direct aod insidious aliempt ofa foreign Oovern-
ment to take advantage of and influence the par-
ties in this country, and that too by dishonorable
means. The paper alluded to could only have
been in pps^trsatoo of our own Admiaistraiion or
of (be Briitsh Qoverament. It caine not from us ;
(I nasi have proceeded from the other — aod from
what view 7 Had fair InformaiioD been the ob-
ject, the letter of Mr. Finkaey in reply would
also have been made pablie, ibat one might have
been confronted with the other. If it proceeded
from that quarter, the separation of the reply
from the leiier, is evincive of the attempt to im-
poscon the people. I consider it an aliempi to
set the people at variaace with their Ourernntent,
aod an ius9leat attempt of aforeign nation to in-
terfere in OIK affairs, in three points of view.
FitbI. Mr. Pinkney is expressly exonerated from
the charge of misrepreieniaiion; but no man can
UDderstand it otherwise than as having allusion
to the Executive of the country — an ioiionation
which there is no proof to support, and in sup-
port of which none can be adduced. Whatever
difference of political opinion may exist between
us on some points, I respect the Adcninistration on
the whole, and every honest man of every politi-
cal opioioomasisidewiihme. Secondly. There
is an insinuation that the President of the Uni-
ted Slates had only permitted our Minister at
=l<ondau individually', not formally, to make a pro-
position on the subject of the embargo. This is
unfounded in fact, because the doeoments before
tb« House prove to the eooirary, Thitdlf. A
lOLb CoiT. Sd Sxa».— 35

qOestion is raised whether actual knowledge of
the Orders in Ctiuncil of November, was In pos-
session of oor Qovernment at the time of the lav-
ing the embargo, which Mr. Pinknev has fully
explained, that the American papers showed that
it was well known before the passage of ihe
embargo that such would probably be the m»-
sares adopted by the British Government, It
is upon these three great qnestions, that this
letter is insiditiusly calculated to delude the
American people. I^ think therefore, as ample

Eobliciiy should be given to the truth as may be.
loweverwe may diner as to internal regulaiions,
I hope we shall feel as husband and wife, who,
however they jar, will not suffer the interference
ofa third person. In case of such interference,!
trust we sball always be ready to rally aronnd
the constituted authorities, as protecting the true
interests of the country.

Mr. Coox said that these documents showed,
that, instead of being mure favorable to France
than Great Britain, (as had been said for parly
purposes,) our Adminisiraiioo had beeo far less
iBTorable to France than Great Britain, and less
favorable than ihey ought to have been. I shall
never feel cordial, said he, in going to war with
France, until we make to her the same liberal
offer which we have made to Great Britain, and
it shall be refused. The publication of this me-
morable letter of Mr. Canning's is but another at-
tempt to mislead the people, and rob the Execu-
tive of their just confidence. The letter itself ia
of lilile consequence. It appears that the cooduct
of the Pyeaident has been pcFfectly correcL It
would have caused a false impression had Mr. C.'a
letter been published before Mr. Pinkney's an-
iwer was received. Mri Canning, however, act-
ng with less candor than ihe'President of the
United Slates, has thought 6t to publish one with-
it the other ; and therefore I wish the reply to
circulated fully.

Mr. LyoH considered the documents of very
tie Importance, eoitveying no new information ;
It made some observations on the modeof priol-
g them.

Mr. Stobt said he was. sorry to rise, because
the patience of the House must be exhausted ; but
:SR duty incumbent on bjm to take the floor.
. is not a new occasion, said he. More than
in twenty years, the same attempt has been
made by foreign intrigue ; and when the attempt
has been made, there was scarcely a man m
America but considered it insidious and di^race-
ful. Like the gentleman from New York, it was
before my time; but 1 gathered the feelings of
uoment, and held sacred the same feelings
ere avowed by the Father of his Coiintry.
itever may he our political differences, air, it
cumbent on all ol us to frown indignantly
ny foreign Government, (hat shoDid attempt
fluence the people, 'fhe publication of gar-
and mutilated documents, purporiing to be
real eorrespondence between one country and an-
other, has been a means used lo lead the public
miad into a state of distem{>ered jealousy, and
array the eitizen against hii coantry. It baa

.yGoogIc

1091

HISTORY OF CONGRESS.

1092

H.orR.

Foreign Retatioru.

Jahdaht, 1809.

}o loDg the case iit Europe. Wheo-
ever ine iwurH has been drawn, corruptiaa baa
preceded it; and when J find ihe time memos
used to deiach ihe iieople of this couDtrjr frum
their OafemmeDt ay similar attempts, 1 can-
Qoi repress rav conienipl of ibem. It ia not any
importaace which I atiach to Mr. CanDlDg's let-
ter that excites my indif^oBtian, because the very
letter compared wiih his formal answer lo Mr
Piukney'd noie, is a complete answer to itself,
for, in the documents long ago published, we fiotl
an offer io the most formal iDanner, by Mi
Dey, to repeat the embargo as related to Qreat
Britain on the inspension of the Orders in Coun'
cil ; and Mr-CaDiiing in hit formal reply has not
even intimated the least suspicion that ihe offer
was not the open act of (be American Govi
rnent. Mr. P. with his utual caodor, exhibited
his own instructions to satisfy Mr. Cam
only that this ofler was tbade by the auihority of
the Oovernmeot, but that ii was made in. the
spirit of conciliation and sinceiily. And by thii
letter a new feature is exhibited, for the purpose
«lmoat avowed, of dmolving the Union. Z re.

5 ret lo see that our miserable liitle differences
ave induced foreian oalioDii to tamper wiih
u>; that tliey have dared to believe that we arc
not intelligent enough to know our own rights. I
regret that uur divisions have been such as to in-
duce a foreign nation thus to prEsent a picture to
the world orwhai she believed out real state. Ii
jj proved too truly that our own, conduct has les.
sened us in the opinion of foreign nations, has in-
duced them io believe that we are a divided peo-
ple; it is proved too truly thai they have ihougi'
the American nation either corrupted with lu.
ury or overawed by th6 iron hand of despotism,
and that they have not sireogth for a moment
to sustain their political itructure. The letter of
Mr. Canning but for this would not have been
published in the Eastern part of this country, to
fomenl those divisions produced by existing cir-
cumitanees. Sir, I cannot but notice the honor-
able conduct of the gentleman from Maryland,
(Mr. Key.) who, though opposed in political opin-
ion to the present Administration, has shown him-
self to he a real friend to his country. If the same
apirit which he has manifested, was exhibited
ibroughoat our country, instead of disaensions on
Ibis floor, that moment an attempt was made by a
foreign nation to injure our rights, ourdifferences
on minor points would dissolve inip air. It is
DOl necessary for me to slate, because the gen-
tleman from Maryland has clearly shown, the rea-
son of the puhlicalion of that letter. As one, sir,
I do know that it was not only understood that
the Orders in Council wero about to issue, but
that, before 1 heard of the embargo, I had seen let-
ters and newspapers which informed that these
orders were signed in the Cabinet, though not pub-
lished to the world. In respect to Mr. Canning's
Hying that the offer to repeal the embargo was
Dot HUihorized, ilie despatches laid on our table,
at the commeocemcDt of the session, show to the
contrary ; and his own formal tetter is a denial of
Q in the letter to-day commuuicaied.

Why then was this letter published in this extra-
ordinarv manner'? To add to the diTii.ians and
I lessen the confidence of the people in their Gov-
ernmeni ; lo enable Great Britain to lake adran-
iBge of theEC divisions and resume her dominion
over the Northern Slates. With this view of the
Eubjeet, I cannoi but conceive that this letter is
bat a part of a system which faaa for its object the
degradation of our country. I trust we shall on
this oecaKton unite ; that we shall not allow any
foreign Minister lo believe that he can publish ex
parte statemenis of, or ^tbled extracts of official
correspondence; thai divided as we maybe on
other subjects, we are united in a deienninaiion
lo suppoTi our righli.

Mr. OARDEtiiBH said, by this time the editor or
the Columbian Cenlinel must be pretty well
mauled. The fact is, aaid be, as regards inysell^
thai I have never read with attention tke docu-
ments said . 10 be oSicial ; and therefore unfortu-
nately am not in a liluation to determine whe-
ther in this respect our Admin islration is to blame
or not. I am ane of those men who cannot com-
prehend all the details of such a negotiaiion at
first glance. . 1 do not believe that knowledge is
lo he attained by so rapid a progress. Therefore,
I shall not at present follow otner gentlemen in
(heir verdict of acquittal. 1 hope to be a ble to do
it. A gentleman from Vermont (Mr. Fias) ap-
peared to be offended at my uoputing mischievous
curiosity to the peopleof New England. If ihegen-
ilemansupposnthallmeanaoy harm lolhepeople
of New EnglaDd,heis mistaken. It isnot necessary
forme to late up any lime ofthe House is expaiia-
linir on the respect which I have for the people
of New England. New England was the cradle
of American liberty. Sir, it was there the Revolu-
tion commenced. From that same quarter I ap-
prehend that the same spirit will again arise,
A light appears first in the East, which I hope
soon to see Weak forth into the most perfect day.
The tfcntleman frum Vermont, after tnis dectara-
tion, 1 hope will not itDpute to me any disrespect
to the people Of New England. They will not
submit either Io the insolence or injudice of for-
eign nations, oriio any other. Nature intended
them for a creat and happy people. The geatle-
maa from Vermont has misunderstood me in one
thing. I did not say that Mr. Canning's letter
contained anv view of the subject uoi heretofore

Eiven ; and inerefore hare no occasion to answer
is question.

The question on printing the documenis was
ihen lai^en, and five tbonsaad copies ordered la
be printed.

An engrossed hill for dividing the Indiana Ter-
ritory into two separate governments was read
the. third time; Wherenpon, a motion was made
by Mr. Bibb that the laid bill do lie on the table.
And, debate arisio^ thereon, an adjournment was
called for, and carried.

Wednesdat, January 18.

Mr. Kei.lt, from the committee appointed on

Ihe 21gt of December last, presented a bill for the

.yGoogIc

1098

HISTORY OP CONGRESS.

1094

Jahuibt, 1609.

Dieifion of Indiana Tirriiory.

H.opR.

relief of Jacob Barnftz ; whioh waa read twice,
■Dd commilted to a CammiUe« o( the Whole on
MoDdajr next.

Mr. BioDNT, from the commiilee ■ppoioced on
go much of the Metsage from ihe President of
tbe United Stales, at the com men cement of the
lesxioD, as relalei to the erection of furtiGcations
for the security of our seaport lowo* and harbors,
presented a bill making appropriations to com-
plete tbe fortifications commenced for the secur-
nj of the seaport towns and batbora of the Uni-
ted States; and to defray the expense of deepen-
ing tad eiteuding- to the civer Mississippi the
canat of CaroodeLet; which waa read twice, and
e<Hninilted to a Committee of the Whole to-

Mr. Lewis, from the Committee for the Dis-
trict of Columbia, to whom was referred, on the
fifteenth ultimo, a pelition of sundry iababitanls
of [he counties of Alexaodria and Waihingtoo,
ia Ihe said District, presented a bill to authorize
the making of a tarnpike road from Mason's
causeway to Alexandria ; which was read twice,
and committed to a Committee of the Whole on
Monday next.

Mr. MABioif, from the committee to whom
was recommitted, on the 19th of December last,
the bill sent from the Senate, entitled "An act
further to amend the Judicial System of the
United States," reported their agreement to the
same, with an amendment ; which was read, and.
lo^eiaer with the said bill, committed to a Com-
mittee of the Whole OD Saturday, next.

, DIVISION OF INDIANA TERRITORT.

The House proceeded to take into further con-
uderalion an engrossed bill for diriding the Indi-
ana Territory into two separate goTernmeots.

Messrs. Tbomas, Sloan, Lton, and W. Ai.-
STOD, supported the bill; and Messrs. Maoom,
Bfpeb, nod J. Q. Jaokbon, opposed it.

The argnmetits in favor of the hill, generally,
were: That the line of demarcation which the
Wabash affords between th« Sasiera and West-
ern poiiioos.of aaid Territory, added to the wide
extent of wilderness country, which separates
the population in each, oonstiiuie reasons in fkror
of a division founded on the soundest policy, and
conformable with the natural situation of the
country; that the tast distance from the settle-
ments west of the Wabash to the present Territo- ,
rial government, renders the administration of
justice burdensome and expensive in the hif[best
degree, amounting almost to a denial of justice;
that the scattered situation of the settlements
over this extensive country enervates the power
of the Executive, and renders it almost impossi-
ble to keep that part of the government in order;
that the division of the Teirlloty is a matter of
light under the ordinance, and the ioconveui-
enees to be removed by an immediate separation
would encourage the speedv population of the
Territory; that there are abobt S8,000 inhabitants
in the Territory of Indiana, and 2,700 souls be-
tween the ages of 16 .and SI, in tbal pan pro-
posed to be consliluted a new Territory ; that

there can be no objection to the proposition but
the expense, which it wan expected would be
fully compensated to V-t United States by the
increased value of public lands in each district.
The arguments against the bill, eenerally,
were: That this bill proposed to multiply officers
without any advantage proposed from it, which
was contrary to republican priuciples; that the
expense to the United Slates for this new govern-
ment would be S6,950 yearly, when the people to
be governed amounted to but 3,700, between the
age of 16 to 21, the whole population of Ihe Ter-
ritory proposed to be divided coniaining but
28,000 routs; that the Oily of Washington con-
tained at least as many as the portion proposed
to be erected into a new Territory, and the Dis-
trict of Cultimbia as many as the whole Terri-
tory, and it would certainly excite some surprise,
if Congress were to erect two Territorial govern-
ments in the District, one on one side the Poto-
mac, and one on the other; that this proceeding
might be very convenient to the men who should
be appointed governors and judges, but fur no
other good purpose; that there was no other part
of the United States in which the same inconve-
nience was not fell as that complained of by the
inhabitants of Indiana Territory. whOne situation*
was very different from that of the Michigan
Territory ; that there were maoy places in differ-
ent Stales whence the people had to go two or
three hundred miles to the coorls; that a com-

Eliance with ibis petition would but serve to
jster their factions, and produce more petitions.
On ihe passage of the above bill there were
for it 69, against it 37, as follows:

Yiii— Willis AIston,ir.,Eiekiel Bacon, Jouph Bar-
ker, Burwsll Buselt, Jcdin Blake, jr., John Bojle, Rob-
ert Broivn, William Butler, Joseph Calboun, George
W. Oampbell, Gpaphrodilus Champion, John Cut-
paper, Jnaiab Deans, Joseph Deiha, James EUiot, Ba-
rsnt Qardenier, Francis (Hrdner, Edwin Qray, luiah
L. Green, John Heirtet, William Hoge, James Bat-
laud, David Holmes, Benjamin Howard, Reuben Hum-
phreTs, Daniel Ilaley, Richard Jack»n, Richard M.
Johnson, Thomas Kenan, Joseph Lewis, jr., Edwaid
Lla;d, John Jjove, Matthew Ljon,Jo*iibMsalara,Wi)-'
luun HcCresry, William Milnor, Daniel Monlgomary,
jr., John MoDlgomery, Nicholaa R. Moore, Thomaa
Moore, Jeramiah Morrow, Gurdon B. Humlord, Thoa.
Newton, John Porter, Jowih Quincy, John Raa of
Fennsjtvania, Jacob Richards, MaUhiu Richards, Sam-
uel Riksr, John Rowan, James Sloan, Dennis Smell,
John Smilie, Jedediih K. Smith, Samuel Smith, Heniy
Southard, Ridiard Stuiford, Peter Bwvt, Samnel Tag-
gart, Jclm Thompmn, Abram Trigg, Jabei Upturn,
Nicholas Van Dyks, Archibald Van Hprn, KiUiaaK.
Van RensHlaer, Jeue Wharton, Alexander Wilson,
Nathan Wilson, and Richard Winn.

Nats— Lemuel J. Alston, David Bard, Thos. Blount,
Adam Boyd, William A.Burwell, Matthew Clay, John
Clopton, Richard Cntts, Samuel W. Dana, John Da-
venport, jr., William Kly, John W, Eppes, William
Frndley, James Fisk, Meshack Franklin, James M.
GaTDfltt, Thomas Qholson, jr., Peterson Goodwyn,
John G. Jackson, Walter Jones, Philip B. Key, John
Lambert, Nathaniel Macon, Robert Marion, John Mor-
rfiw, Roger NeUon, Thomas Newbold, John Pogh,

.yGoogIc

109S

HI8T0BT OF OONOKBSfl.

109<

H. or R.

Naval EWoftlft&nwnf.

Jahdaxt, 1809.

Jotm Shei ofTenncwea, Ebenosr 8e>*rr, ClMnutt
Btorar, BenjaibiQ Tallmkdgc, JoliD Tajloi, Philip V>n
Cortldidl, UanialC. Varpluck, Bobeit Whitehill, and
D«*id B Williima.

Retolred. That Ihe tide be, "An ict Tor diri-
ding the ladiioa Terrilgiy into two separate
goTcrnmeDtt."

NAVAL ESTABLISHMENT.

The House proceeded to consider the message
received yesterday from ilie Senate, by ibeir
Secteiary, insisting on their amendments disft-
greed tn by Ihli House to the bill, eotiiled "Ad
act auihorizing the ippoinlmeDl and eniploy-
meal of an additional number of navy omaers,
seamen, and marines;" and desiring a coDference
with this House on the subject-matter o[ the

made by Mr. Newton that this House do fosisi
on their disHgreement to hII the ameodraeats in-
sisted on by the Senate to the said bill. And
the question being taken ihtreupon, it was re-
sotied in the affirm alt re— yeas 67, oaya 53, ai
follows:

Yiis— WilUi Alston, jr., Daiid Bard, Jofcpb B»^
kar, William W. Bibb, William BlacUadgs, John
£labc, jr., Thomsi Blount, Adam Bo^d, John Ba;le,
Boberl Brown, William A. Burwetl, William Bi "

Calpepar, JoMph Desba, John W. Bfipea, Jimei Piak,
Methack Franklin. Barent Uardenier, Thomas Ohol-
■on, jr.. Peterson Goodwyn, Edwin Ora;, John Heii-
tsr, William Hoge, Jumna Holland, Benjamin Howard,
Ricbatd M. Johnson, Thomas Kenan, John Lambert,
Edward Lloyd, Nathaniel Uacon, Hubert Manon, Dpn-
isl Montgomery, jr., Nicbolaa R. Moors, Thoqiaa
Moors, Jeramish Morrow. John Morrow, Thomai New-
bold, Thomas Newton, John P(Htsr, John Pugh.Jofan
Randolph. John Res of Pannajlvsnia. John Rhea of
TeansMce, Jacob Richards, Matlhisa Richards, Eben.
MST Beaier, Dennia Smelt, John Smilie, Jedediah K.
Bmiib. John Smith, Samuel Hmith, Henry Southard,
Bichard SCanford, Bsmoel Taggart, John I'aytor. Ja-
bes Upbam, Jesse Wharton, Robert Wbitshlll, laaac
Wilbonr, David R. WilHams, AIMandar Wilson, aad
Biohanl Winn.

Nits— Esckiel Bason, Burwall Bssasu, Matthew
Olsy, Orchard Cook, Rjchsrd Colts. Ssmnel W. Dana,
John Davenport. jr., J ^n Dawson, Josish Deans. Dan-
id M. Durall, James ElUot, William Ely, WUtism
Findlej, Francis Osniner, Isaiah L. OresD, David
Holmss. RenbeD Humphreys, Daniel Ilsley. John O.
Jackson, Richsrd Jsckson, Walter Jones. Philip B.
Key, WilUam Kitkpa trick, John Love. MatlheWLyon,
Joaiah Masters, WUUsm McCreery, William MilnoF.
John Montgoipery, Jonathan O. Moaely. Gurdon 8.
Momford. Roger Nelson, Wilson C. Nicholas, Timo-
thy Pitkin, jr., Joaiah (juincy, Samuel Biker, John
Bowan, Samuel Shaw, James Sloan, WUliam Sted-
aan, CleMsnt Storer, Joaepfa Story, Lewis B. Sturges,
Peter Swart, Benjamin 'i'allmadge, George M. Troup,
' Jaaes I. Van Alen, Philip Van ConlanJt. Nicholas
Van Dyke, Archibald Van Horn, KilLan K. Van Reiia.
■slasr, Daaiel C. Verplanck, and Nathan Wilson.

On motion of Mr. Newtoh,

Rtaohed, That this House do agree le the
•onrereDce desired by Ihe Seuaie on the subject-

matter of the BTncndaients depending bcIwecQ
the two Houses lo the said bill ; and that Mr.
Macon, Mr. Suilib, and Mr. Upbui, be appoint'
ed managers on the part of this House.
And 00 motion, the House adjoamed until h>-

THOBSDav, January 19.

A messsgerrom the Senate informed the House
that the Senate, have passed a bill, entitled "Aa
eetforthe relief of eerW in Alabama Indians^
to which tbey desire tha coneurreaee of tkus
House.

The SpEAxaB laid before the House a Utter
from the Secretary of War, aceompsnying his
report, and sundry doeumenls in relation to inva-
lid pensioners of (he United Scatea transmitted
in pnrsuaDca of the third aod flftb sections of
"An act to provide' for persons who were disa-
bled by known wounds received in the RevoliH
lioaary war ;" which were read, and referred to
the Committee of Claims.

Mr. Jmxhiih Mobrow, from the Committee
on the Pablie Lands, to whom were referred,
during Ibe present session, the peiititms of sundry
inbabiianis of the Slate of Ohio, praylog a re-
mission of the forfeitures aecruiog on iba ' ~ '

of further lioie for the payment of the |>rincipal,
made a report thereon ; which was read, aod re-
ferred to the Committee of the whole House, to
whom was caramilled, on the tweoty-lbird of
November last, a report of the Committee on the
Pi^blic Lands on a memorial of the House of
Reprenen tat ires of the Miasisaippi Territory.

Mr. Jeremiah Mokrow, fVom Ihe same com-
mittee, presented a bill to alter the terms of sale
of the public lands of the United Statea, aod for
other purposes; which waa read twice, aod eom-
mitted to the Committee of the Whole last men-
tioned.

Mr. Lewis presented a memorial of anndry i»-
habitsnls of the county of Washington, id ih«
Territory of Columbia, praying a repeal «r the
fourth section of a law of Congress, entitled
"An act concerning the District of Oolambia."—
Referred to the Committee for the District of
ColaTn.biB.

Mr. Marion, from the committee who were
instructed, by a resolotioa of the House, of tb«
twentieth of December last, " to inquire into lbs
Plpedie'oey of evteading jurisdiction to the su-
perior courts of Ihe several Territories of tbs
United States^in which a district conn has not
been established for the trial of treason, and other
oflVnces committed against the tawi of the Uni-
ted States, within the Itrnits of the said Territo-
ries; and to empower said courts to prooonncv
such judgment or seatence on conviction of the
offender or offenders, as the law directs;" pre-
sented ■ bill extending jarisdiciion, in ccrtaia
esses, to the Territorial eoorts, and for other pur-
poses-, which was read twice, and committed to
a Committee of the Whole on Monday next.

.yGoogIc

HISTORY OF C0NOKES3.

Jandart, II

Extra Smtion.

EXTRA SESSION.
On'tnotioa of Mr. Smilib the House rpsolved
itself into a Coramitlee at tbe Wbole oa Ihe bill
to Rller the time of the next mceiing of Coo-
Mr. J. O. Jackson mured to strike oat the
"fouTth" Monday io May, and insert the '-last,"
■latiog as a reasoa, that as the TiT|;iiiia etcelious
look place in April, the Kepi esen tail res coald not

Mr. Macoh wished a division of thf question
so KB firal to strike oat, with a view to insert "Sep-
tember," instead of May. The motion to strike
oat was DegafiTed — 62 to 35. It was supposed
that this quesiioa tried the principle of the hill.

Tbe Commiilee roce and reported the bill.

Mr. D. R. Williams moved to strike out May
for the purpose of inserting " September."

Mr. MtLKOR hoped the motion would not he
agreed to. If tbs new Congress could commence
its session on ibe 4th day of March next, be said
he should think it eitreroely proper that it should
do so. Aud, if he could ihlok thai ibe majority
iTQold fix an earlier (lay than the fourth Monday
of May for the meeting, he should vote for tbe
present motion. He-agreed^wiib gentlemen that
this was a momentous crisis; ihat the couotry
was in a situation of extreme difficulty an J dan-
ger. It appeared to him, therefore, that Congress.
who were the guardians of the jiublic welfare; to
whom vrere conGded the destinies of the nation,
so far aa tbe nation could control them, should Ik
constantly in session, tills more faTorablesrate of
affairs look place. It was possible, hut was it
probable that any event would occur to alter our
sitoation for (he better? There, was no hope
that the belligerenti would recede from their io-
jurioas restiiciions on cur commerce. It was not
probable that anything would occur which woold
do away the necessity of an extra session. The
present Coogress having determined to persevere
in the embargo end the present system of meas-
ures K while longer, tbe peace and welfare of the
country requirecT that a different system should
be adopted. The present had been sufficiently
tested, and would never produce those effects an-
ticipated from it. It was proper that an early
opportunity should be given to the next Congress
to approve the present system, or give it up and
adopt some other in its stead.

Mr. D. R. WiLLiAma said he was opposed to
Congress coming here at the lime proposed. Why
should tbey come here then? He wished some
ona to answer, and let him understand why they
were coming. In his opinion there was every

possible objection to such a procedure. On the
fourth day of March, a new President comes into
power. Is it not presumable that the President

would choose to have some communication with
our Ministers abroad before the meeting of Con-
gresif Could any piao say that it was not proper
■hat he should have it 1 Mr. W. said he hoped
lhat the President would send special messen-
gers, unfashionable as that policy was. If you
are wilting to wait for a declaratiop of war till
he foarth Monday ia May, will there be any ne-

cessity of declariBK it before the first Monday in
June or July? You have suffered the public
mind lo assuage in its resentment, and 1 very
much doubt, that before a full experiment be
made of the embargo, it will be wholly allayed.
It has been said through the nation, and indeed
avowed on this floor, that the Administration
does not wish for peace. Having failed to lake
hold of Ibe affair of the Chesapeake for a deelar-
ation of war, you have nothing now to give the
people that interest which I hope they alwayi
will have in a declaration of war. Suppose you
were to send special Minisiers, and they were to
be treated as our Ministers to France were nndei
a former Administration, would not ihis treat-
ment make every man in the nation rally around
you 1 Would it not prove beyond'douht that the
Administraiion wa: sincere in its wisbes for

Uadoubledly it would. Why are yo
(inisters now loitering in foreign Courts'! Wi

"itl>

a hope of accommodation, air, 1 would send
other Minisiers there, and if [hey failed of imme-
diate accomraodatiori, would order them all home.
If they are compelled to return, you will bare
the whole nation with you, which you must have
when you go to war.

Mr. J. G. Jackson replied lo Mr. Williams.
The gentleman had askecf emphatically why Con-
gress should convene here in May. C>ccurrencea
of every day, said Mr. J., are presenting them-
selves in such a way as to render it highly im-
portant and necessary that some other ground
should be taken. Are we lo adhere to the em-
bargo forever, sirl I have said, and again say,
thai a total abandonment of the ocean would be
submission. I think, by passing this bill, we give
the nation a pledge that it shall be the ne plus
ultra, which ahall give to foreign nations time to
revise their conduct towards ua, and will ^ir9
them time to consider whether or not they will
have war with us. The gentleman wants a spe*
cial mission. Sir, are we to continue in this state
any longer? Shall oegoiiation be spun out fur-
ther? No man can doubt the capacity of our
Ministers abroad, and their disposition to repre-
sent their Government correctly. The doors are
shut in the fiace of our Minister at the Court of
St. James, and worse than shut at the Court of
St, Cloud— for, from the latter, coniemptooos si-
lence is all the anwer we have received, if indeed
silence can convey an answer. Are we to renew
negotiation, then, when every circumstance man-
ifests that it would be useless? Need I refer to
what look place the other day — I allude to the
publication of a letter by Mr.Canoins, in ahightr
exceptionable manner, through Federal presses
or presses more devoted lo the interests of that
conotry than any other? One universal bunt of
indigtiaiion accompanied the publication of lhat
letter in this House. And are we, under suck
circumstaoces, lo renew negotiation by extra
missions? I conceive that the cup of negotiation
and conciliation is exhausted (o the dregs, and
(hat we should but further degrade ourselves by
sending further extra missions. It has been stated
to me that e propositioit had actually been re-

.yGooglc

1099

HISTORY OP CONGRESa

H. or B.

Extra Settion.

Jakdart, 1809.

duced ID writing by a member of ihia Hou*e (he
Other day for wading away foreign MiDiaiertand
calllDg our Ministers home ; end I am sorry that
the proposition was not offered to the House, for,
under preseoi cii-cumslances, il might not have
been improper to have adopted it. The gentie-
man asks if the Oovernmeul has in its power any
thing to rouse the people 1 There is no occasion
for it, sir; they impel us towards war; ve can
•carcely keep them out of it; we can scarcely
msiDtain our course a mament. Nothing' but a
disposition to confide in the consliluied nuihoii-
tie> prevents them from expressing their inclina-
tion more loudly. Paasisg over everything el>e,
ate not theordert and decreas lufficienl to induce
the nation lo impel us to take the attitude of
if the time was proper

. r for it 1 The best
10 the genlleman^a question may be found in the
of (hii "

YOle of (hii House, wbiah hi* unanimously de-
clared, with an exception of but Ivo members,
and those two I understand to be opposed to the
declaration because it was a self-evident proposi-
tion, that we cannot submit to these edicts with-
out a sacrifice of our right*, honor, and independ-
ence. And BTE these to be tBcti6ced without first
■traggling to mainlaio them? I trust not.

Mr. Shilie said, if there were no other reason,
the present suspension of commerce,' and discoD'
tents at home, were sufficient reasons for calling
Congress earlier than the first Monday in Decem-
ber. When the new Administration should coma
into office, it was proper that they should have
KD opportunity of meeting Congress aa early as
possiole. It was his opintDo Ibat, at the next aea-
(ion, a change of measures would take place
What would be the substitute for the present
measure he could not say; but, at this lime, be
must say that he could see no way of avoiding
war. With regard to extra missions, he really
bad no idea of a measure of that kind. If there
ahould be any other means to secure the ioterail
and honor of the nation but war, he hoped in
Qod that it would be adopted, but he. did not now
aee aoy such prospect.

Mr. Rbea, of Tennessee, said it was of no im-
portance in tbe consideration of the present ques-
tion what the next Administration should think
or do. He wished that (here could be
■taoding with foreign nations for our good, but
he much doubted such a result. He would not
lake to say whether n
Dught to be adopted
but, it was his opinion, that Congress ought t
meet, and he should vote against every proposi
tion going to defeat the object of the bill. Al-
though this nation bad not immediately retaliated
ibe attack on the Chesapeake, would any man
rise on this floor and say that tne act of dishonor
was done away because the House refused
diatcly to avenge il 1 He believed not ; i
long as it remained unatoned, it was cat
this nation to act. Tbe only question for the
House now to determine was this: Are there
leasons to induce gentlemen to believe that a
meeting of Congress is necessary on the fourth
Monday of May next? As it appeared to Lim

at such reason* did exist, he said he was hound
I his reiponiibiliiy to vole for the bill.
Mr. DoRCLL asked if geniiemcn meant to con-
tinue the embargo forever? He believed some-
what in [he doctrine that an explosion might lake
place under it in a certain portion of the country.
Gentlemen said an extra aesaion was, ifanerore,
necessary to save the nation. Mr. D. asked, if
the nation was to be saved by long speeches? He
had seen almost two whole sessions of Con|rres9
pass away, the one of six months, the other of
three, antf the nation in the same situation still,
and Biill told, in long ilories, from day to day,
that it was in a critical situation. He had no
idea that the nation was to be saved by much
>peakiiig. He did firmly believe, that more than
foriv-eight hour* would not be necessary to pass
all laws to meet the impending crisis. If a dec-
laration of war was thouehl proper, ihia would
be sufficient time for it ; if an extraordinary mia-

for the House to decide oQ recommendinK
The present was a slate of suspense, froiD wLich
the nation ought to be removed, and he was un-
willing to prolong this slate' by the passage of
the bill.

Mr. D. R. WiLLiAiie said that the observationi
of gentlemen themselves wen the landmarks by
which he would sieer. Oentletnen had said that
ibey would wait under all these accumulated in-
juries, the Weigh I of which Mr. W.ack no wWgetl,
till the founh Monday in May. Now, he said,
he wished lo wait a little longer, that the Execu-
tive might, if he chose, lake advantage of the in-
terval. He said he had aUuded to the ease of the
Chesapeake as an eminenl illustralino of the de-
sire of the Executive for peace; though he should
not trespass upon truth if he said that the sfiait
of the Chesapeake rested not now a« it had done.
Admitting that we had ample cause for war, what
did gentlemen propose to gain hy postponing it?
The gentleman from Virginia, (Mr. Jacxbon,)
had said that the nation waa pushitig them to
war. Mr. W. asked if there was a petition on
the table to that purport from any portion of the
United States? No,reallyi wfailstalarge por-
tion of the people, the South almost uoanimouslv.
had expressed a wish that the Government shonlii
adhere lo the embargo, till il produced an effect,
or its capacity to produce the effect was disproved.
You are like to be driven out of the embergo by
war ? asked Mr. W. ; why, sir, look at tbe sensa-
tion in New England and New York, and talk
about going to war, when you cannot maintam
an embargo ! There is a large portion of the peo-
ple^ of New England, who, through miitepresen-
lations and the efforts of your enemies have beeit
taught to believe that your Administration ha*
not sought for peace. Could any man have the
hardihood to say so, alter another special mission
had failed? Certainly not; and it is no treason
to mention it, although gentlemen shoold noihke
it. If you do not adopt war before the fourth
Monday in May, will ihe nation be ruined if you
postpone il still further ? How conld geatleraen

.yGoogIc

HISTORY OP CONGRESS.

1103

Jamuart, 1809.

H. OP R.

denounce the course which he recomraeaded,
ivben it was now pursued? For e. Tesiel was
now advertised, he observed, to go on public busi-
ness to Great Britain and Franc?, and new des-
patches'were goiag, he supposed. Even if war
was deterniiTieit on, would there be anythiog in-
consislent, anything degrading, in giving to for-
ei|;n nations yet another chance to do us justice?
Mr. W. said he would do everything he could, in
an honorable manner, to preveat war. He be-
liered that the men who wished to prevenl war
were quite as patriotic as those who appeared de-
sirous of promoting it. He felt more satisfaction
in seeing the poor emigrant or exile from the
troubles of Europe sitiio^ peaceably and in com-
fort at his fireside orcabm door, than in bearing
of ibe most splendid victories. When the last
step to preserve peace had failed, then would -he
be willing to rouse the people to mount the Cap-
itol and sound the tocsin — bat uot till then. He
was for giving a fair opportunity to hear from
Europe ; for if Congress met in May, there would

Jet be a foreign messenger abroad ; and waiting
is arrival, they would do nothing.
Mr. BiuiwELL said he was one of those who
would vote for an earlier meeting of Congress
than usual. In Qreai Britain, in whose govern-
ment there were some features approximating to
ours, there was always an uneasiness, lest the Par-
liament should' not meet ofiea enough. Whence
could be the objection to Congress meeting at an
earlier day? If the public sentiment was not
then prepared for war, it would not be adopted.
It appeared to him that an early session, instead
of producing mischief, would essentially con-
tribute to tranquillize the minds of the people. If
peace was attainable, we must have peace ; hut,
if not we have no choice but war. The gentle-
man from South Oarolina suggests the propriety
of sending a special mission said Mr. B. Let me
ask hirn, .if Administration should not 'take this
course, whether it woiild not be perfectly proper
that Congress should be In session 1 Certainly
it would. With respect to a special mission, Mr.
B. said he wad perfectly at a loss to conceive what
coold be the nature of any proposition which
could bemadetoQreal Britain. A proposition had
already been made toher, in eSecI, logo lo war with
her against 'France, and insultingly refused ; for
no other interpretation could be made of the offer
to suspend the embargo, if she would rescind her
Orders in Council, except Mr. Canning chose to
misunderstand everything that could be said. Un-
less gentlemen would point out some new propo-
i'iiion, wiiich could be made to Great Britain or
Prance, he could not see the propriety of the
Bourse recommended. As to the continuance of
the embargo, Mr. B. said it seemed lo be perfectly
well understoodby every man, (hat ^hen iheQoT-
ernment determined on that eourse, it did not de-
termine -to pernevere in it eternally. If it could
he made manifest to him thai any particular fa-
TOrable consequence would he produced by post'
poning the session beyond the tburlh Monday in
May, be might be induced to accede to it. As to
the disposition of the Administration to preserve

peace, could the gentleman conceive it possible to
remove the impressions of thot^e who were deter-
mined not to be convinced? This nation bad
sued for peace, but in vain ; they had offered to
give up almost evetything in contest, if Oreat
Britain would yield a thing which neither Mi.
Canning oor any other member of the Britisb
Oovernmeol ever said they had a right to do, and
which was only justified on the ground of neces-
.sity. There n;as therefore no plausibility in the-
assertion that peace had not been earnestly sought
for.

Mr. G. W. Campbell said that if nothing oc-
curred between this time and the time propoaed
by the bill fur the next meeting of Congress
which would particularljr render a change neees-
sary, he was yet of opinion that it would be then
necessary to change our situation ; for this rea-
«oa: that at that period, time sufficient would
have elapsed to give ns information as lo what

ground ureal Britain would take, after she had
eard of the position which Congress had main-
tained. After that ground was taken. Congress
would know how to act. 1 never voted for the
embargo as a permanent measure, said Mr. C,
nor did I ever use an expression which would au-
thorize such a supposition ; nor do I suppose ibat
any other gentleman entertained such an idea.
As to a special mission, I should as soon think of
sending a special messenger to the moon as to
Great Britain or to Prance, for the cup of hu-
miliation is exhausted already, and J will never
put it in their power lo offer us another cup.

The gentleman from South Carolina asked
why our Ministers still continued at those Courts,
Though I have no objection that the gentleman
Bu,/uld animadvert on this topic, it is not a qoea-
tion for our determination; but 1 think it proper
that as long as we «an maintain our situation,
intercourse may remain open. At the moment
when we determine on war only ought we to
recall our Ministers. We are told, sir, that w«
cannot carry the people with us into war ; that
we must do someibing to excite them. Thia
looks something like the doctrine of European
countries, I believe (hat the people have trod-

1 the

; that

"f

thing which has taken place, and are as capable
of determining on the propriety of the course
which we pursue as we are ourselves. I believe
that no impulse is necessary to be given to the
people. If we act correctly, there is no doubt
that the people will support our conduct. With
respect to the affair of the Chesapeake, which
has been alluded to, it was not, in my mind a pro-
per occasion for war. If it was so, I cannot really
comprehend why we are told that it is necessary
to do something to excite the people to go to war.
If we were to send a Minister, what oould he do
but repeat the same course? There seems to he
an idea entertained by some gentlemen, sir, which
I wish to disavow. The change of President
about to take place, appears lo be considered as
the commencement of a new dynasty. The
change of that officer cannot affect our general
lelatioDs, for i( is the people and not the President

.yGoogIc

1103

mSTOKY OF CONGBJaa

H. or R.

JftHOABr, 1800.

wbo are to point out the proper eoune to be pur-
•ued.

Mr. Maoom said be bad not inteoded to bare
•■id anyihing, bol tint (he aentleman from Vir-
ginia (Mr. Bdbwell) had broacbed a dootrioe
which he did DoiapptcvE — (bat this Qarernmeat
wag like ibat o( Oreat Briuia.

Mr. BnBWBLL eiplaioed that be had naid that
tbe GoTFrnmeiiu were, io aome of their features,
alike.

Hr. Macok Mid that the reasoo of tbe fear in
Oreat Briiaio that the Parliament would not meet
often enough, was eitremelf abriQus. Tbe only
voice wfaicn the people bad was in the Home of
ComnioDt, and iQer wanted them to be always
in Mnioo, 10 keEji the King and nobilily off from
tbem. In Great Britain (be King dissolvid Par-
liament at hit pleasure. Here, be said, there was
no power to aissolTC CoDgrtKS. Indeed, there
WHi no similarity io the two Governinepis. He
aaid be had no fear of any mischief being done
by CoDftrefs meeting earlier ; but be was opposed
to their meeliofi earlier, because ihey would du
more good by staying away. Qould any man say
what would take place between Ibis day and the
third of March 1 And yet the House were now
nailed on Io determine on an extra session. He
was for giving such lime, after the deliberaiion*
of the present session closed, as that Great Brit-
ain might tee what we had done, and consider
wbeiher she would retract or go to war, for it she
did not retract, war must be tbe coosequenae.
Mr. M. said be would give eTery opporiuoicy for

Eacej he would not be for hurrying the matter.
»bad no opinion that Coogress being io sesiioti
would have aoy efTeet on [be people. The cry
of an intention to destroy commerce was not to
Bake him do a tingle thing which he would not
Mberwiae do. No man can beliere that we who
raise produce should wish it to lie on our bands,
as is now our situaiion. It is mariiime rights for
which we contend. For these we planters are
tDikiog sacrifices, and we know it. Ar Co ibe
grower it ;s immaterial io point of interest into
what ship or wagon his produce goes; but he is
contending for tbe interests of bis mercantile
brethren. A great deal has be«n said about re-
pealing the embargo to put an eodiodiKonlents.
I^t gentlemen beware of it, lest in trying to
please everybody, they pi eaue nobody. Let us do
what is right, that is tfaeoniy groundfoiusto take.
Whenever we begin to temporize, that priuciple
it abaodooed. I disagree wiib the' gentleman
from Tennessee as Io the expediency of cootinu-
iqg ibe embargo i 1 do not believe ibat it would
be ineipedieni to try it beyond May. I believe
weoofcbtto try it beyond September. Tbts is
my opinion. What effect do gentlemen expect
that ihe embargo will bare had in May? Not
more than at this moment. White every day from

thai

etill

effectual. I never voted for it as a permanent
measure ; bul my opinios was, as I stated it, thai
it might be neeessarfr to hold on to it for one, two,
or three years. I might be wrong, but this was
my opinioD tbea, and I have nol changed it. As

to ao extra session, I have never ihanght of it;
but I am willing to leave it to the Executive. It
has been ko suddenly suggested, however, that I
would not undertake to decide positively on iht
subject. I should rather incline to let them send
10 us now ; we have xetit lo them long enough.
As to the people being lired ofthe embargo, when-
ever ihey want war io preference to it, they will
send their petitions here to that effect. When
genlleroen from ibe Kaslern Slates say, that the
people there are tired of it, perhaps they speak
correctly. As Io all the talk ofiosurreclionsand
divisions, it has no effect on me. When the sedi-
tion law was (lassed under the farmer Adminis-
tralirin, it was said that the people would not bear
it, I thaught (hen as now, that the eleclioni
would show ibeir disapprobaiion, and that they
would manifest it in that way alone. When the
people are tired of the embargo, as a means of
preserving peace, they will lell you so, aod say,
'' Give us war '." Bul none have said so ; and yet,
sir, I know well that myself and some others are
blamed for ouradherence to this measure. I can
only say, that il ia an honest adherence. I da
believe that (he continuance of (hat measure,
with the addition of a bill now on your table,
( no n -inter course bill,) is (he best thing you can
do; and if I ihoughl that Congress would declare
war io May, I should be much more averse lo
tiieeting then than I am now ; but I do not be-
lieve it will. Put the question to every man in
tbe nation, War or embargo? The certainty of
that aliernklive would make them more favora-
ble to the embargo than they are now. 1 should
not be siirpti»ed that tbe opposition to the embar-

C would themselves wish it to be continued &
tie while longer. I agree with gentlemen that
the people will point out what should- be done.
Do not declhre war before you adjourn, audi
have no fear of your doing it when you meet
again. Let each man put (be qi4es(iaQ to his
neighbor, whether heLWill have war or embargo,
and there is no doubt but be will answer in favor
of (he la(ter. Il agree with the gentleman froiD
Tennessee, thai the new Administration should
not be considered as a new dynasty. But when
new polid'cs come into office, it it something like
it; and we have seen it in DUr days. But, be-
lieve me, sir, in my opioion, (here is no danger of
iosurreciioB in any part of this happy country.

Mr. StiOAN was against the passage of the hill,
because it would keep tbe people in suspense— a
state which be himself did not like. He bad ex-
pected Uiat wlien we met beie, the embargo
would have been repealed. He wanted (o know
whether tbe embargo was to remain until Sep-
(ember? He would not, however gloomy the
prospect, forego the hope that Congress would
relieve the people from the burden which (bey
could not bear. Any man might see what would
be (he effect of (his law. Congress would meet
in May, and would continue (be raeaiure.a liitle,
and a little, longer, and eventually rise without
removing il. He wished once again to restore
(he smiles of content lo (his once happy Uiid,aiid
to do it without an extra session.

.yGoogIc

HISTORY OF CONaRBSS.

Janoart, 1809.

Extra Sutioh.

H.orR.

Mr. QjJiNcy. — Mr. Speaker, if the bill under
cuDsideration had no other aspect on the fates or
this cou[iir)[ ib>n its lerras iodicate, 1 should have
coDlLDUed sileol. If the question upon it involv-
ed DO othec coasequeocca than those of personal
iDCOQTCDieQce to ua aod of expense to thepoblic,
I would not oowisk iheiadulgence of the House.
But 1 deem this bill to be a materially componem

I of c

illy compi

tthich

oppressed. 1 considei thia measure as iniended'
to induce ihia people still longer to endure pa-
(ieutly the embargo, aod all the evils which il
brings in its train, by exciiing and fostering in
them delusive expectations. A great crisis Is, to
all bumao appearance, advancing upon our coua-
try. Geoilemea may attempt to conceal it frona
the Dation, perhaps from themselves, but every
step they take has an influence upon thai crisis ;
and, small as they mav deem ihedecisipo on this
bill, in ita effecis it vifl be.among the most im-
portant of any of the acts of this session.

It is very paioful to me, Mr. Speaker, to be
compelled to place my opposition (o this hill on
ground resulting from the conduct of the Admin-
tratioo of thia nation. I say, sir, this is very pain-
ful to me, because t have no personal animosity
10 any individual of that Administration. Nor,
ir I know myself, am I induced to tUis opposition
from any party motive. But, air, acting in a pub-
lie capacity, and reasooing concerning events as
they occur, with reference to the high duties of
my station, I shall not, when I arrive, in my con-
ception, at a just conclusion, shrink fVom any

K roper responsibility, Id spreading that conclusion
efoie this House aad nation. One thing I shall
bope, and certainly shall deserve from the friends
of the Administration — the acknowJedgmenl
that I shall aim no insidious hlow. , It shall be
made openly, distinctly, in the daylight. Be it
strong, or be it weak, I invite those friends to par-
ry it. ir they are successful, 1 shall rejoice in it
not less than they.

This is the position in relation to the conduct
of AdtninistratioQ which I lake, and on which 1
rest mjr opposition to this bill : That this House
'When It passed ihe embargo law was under a de-
ception lottching the motives of Administration,
in recommending that measure — that it has been,
in adopting that' measure, instrumental in deceiv-
ing this people as to the motives which induced
that law ; that if it passes this hilL it will again
act under a deception touching those motifes,
and afaio be instrumental, unwarily and unwil-
liojly, as I believe, in deceiving thia people, in
relation to them. I think I nave stated my
groosd of opposition so clearly as lo admit of no
mi sconce pt ion. And I invite gantleroea. to meet
me candidly on It. When I apeak of deception.
I bq gentlemen not lo miiundersland me. 1 vili
be ss lust to Administration as 1 mean to be true
aad (earlewin the perfotroance of my duty
this people. By Ibis term I do not mean ai ,
moral obUquity , ady direct falsehood or-palpable
misrepresemaiioH. But I.intead by it political
deception. That apeciea of ctmning, not ancom-

mon among politicians, which Lord Bacon callii
'- left-handed wisdom." This is exhibited, when
ostensible and popular motives are presented as
inducements to a particular line of conduct, and
the real and crliical ones are kept behind the cur*
tain. This is practised when ihose who have
obtained an influence over others, troll them by
ihe means of fair promises, upon trundles in a
downhill path, and so are enabled gradually to
shove them, by gentle motions, farther than at
first they had any intention to go. We wiinessthis
species of political deception, when we see men
meshed in the toiUof a complicated policy, and
then dragged whithersoever their leaders will,
through sheer shame, at breaking the cords of
that net in which they have suffered tbemselvea
incautiously tu be entangled.

In support of my first position — that this' House,
when it passed the etUbkrfjo law was under a de-
ception, touching the motives of Administration,
I shall ask the House to reooliecl as far as pos-
sible all the motives which induced it to pass the
embargo law, and then 1 will attempt to show
that Ihe motives of Admlnisiraiion were diOerent,
in kind or in degree, from those which operated
ontbisfiDor. I wjII recapitulate them as distinctly
as pptsible, excluding do oae which 1 have any
reason to think had an influence in the House,
imputing none which did not exist. One mo-
tive was the preservation of our resources — that
i&, the saving of our seamen and navigation. Thia
was the ostensible and popular motive — that
avowed by Administration. Another motive was,
that many thought war was inevitable, and that
embargo would give an opportunity to prepare
for it. Again. Some thought that it would have
a good effect on the negotiation then daily ex-
peeled, and frighten Mr. Rose. Again. Others
supposed that it would straiten Oreaf Britain •(
a niomenl the most favorable to make her feet
the importance of the United States. The sys-
tem of commercial pressure was in full operation
iu Europe, and should this country complete the
circle of compression, they thought that it would
be impossible for her not to yield to our pretensions.
Again. Some thought that the French Emperor
WAS contending for maritime rights, and that it
was lime for us to co-operate. [Here Messrs.
Shiug and Sppes required of Mr. UniKOV to
know to whom he had allusion.] I am surprised,
said Mr. Q„ is hear that question asked by the
gentleman from Pennsylvania. If, however, it
Be denied as a motive, I have no objection to
withdraw it. What I am now doing ought to
(xcite no passion. lam not about to question
the motives of this House. 1 am only recapitu-
lating all those which there ik every reason to
believe existed. If any geuilemen ^ay a partic-
ular one did not exist, for the present argument
I reject ii. My present object only is to be com-

Slete in my enumeration, in order to make more
ircible the bearing of my principal argument,
that it does not include those which principally
had an influence with Adminisiraiion in recom-
ffiending the measure, I do not recollect but two
other motives besides those already mentioned.

.yGoogIc

fliSTORT OF CONGRESS.

1108

H. OP R.

Extra Seition.

jANt

Some voted for this embargo, because they
thooghl this House ought to tfo something, and
they did not know what else lo do. Others in-
timated that it miBhi have aa effect to iojure
France in the fvw West India possessions which
remaiaed to her. But ibia was urged so Taioilr,
and with sucb little show of reasoo, thai I doubl
if it were BO intlueniiat inotire with any man.
The preceding enumer.ilion includes all tbe
moiiTes, as I beliefe, either urged on this floor or
in any way, silently, operaiiTe in producing that
measure. Now I do not tbinic I stale my posi-
tion 100 strongly when 1 say that not a man in
this House deemed the embargo intended chiefly
as a measure or coercion on Qreat Britain ; that
it was to be made permanent utall hazards, until
it hadefiected that object; and that notbiag else
effectual was to be done for the support of our
maritime rights. If any indiridual was influ-
enced by such rootL»es, certainly ihey were not
those of a majority of this Hou^e. Now, sir, on
myconseience, I dubeliefe that these were the mo-
tives and intentions of Administration when they
recommended the embargo to the adoption of this
House. Sir, I believe tbeae continue lo be still
their motives and intentions. And if this were
fairly understood by the people to be the fact, I
do not believe that ihef would countenance the
continuance of such an oppressive measure, tor
such a purpose, without better assurance than has
ever yet been given to them, that, by adherence
to this policy, inc great and real onjeet of it will
be effected.

The proposition wbinh I underlaite to maintain
COnsislH of three particulars. First. That ji was,
and is, the intention of Administration lo coerce
Oreat Britain by the emiiargo, and that this aod
not precaution, is, and was, the principal object
of llie policy. Second. That it was, and is In-
tended to persevere in this measure until it effect,
if possible, the proposed object. Third. That it
was and is the iotenlion of Administration to do
nothing else effectnal in support of our maritime
rights.

llaviogio my mind a perfect convieiioa of the
truth cf every one of these propositions, I should
be false to myself and to my country, at such a
crisis as this, if I did not state that conviction to
this House, and through it to my fellow-citizens.
I shall not. however, taXe refuge in mere decla-
ration of individual opinion, or conlenl myself
simply with assertions. I shall state the groundi
and the reasonings, by which 1 arrive at this re-
sult. I invite genltemeo to reply to them, in the
spirit in which they are offered. Not with the
design of awalcening any personal or party pas-
sion, but to fulfil the high duties, which, accord-
ing to my apprehension of them, I owe to this
people.

When we attempt lo penetrate into the inten-
tions of men, we iire all sensible how thick and
mysterious is that veil, which, by the law of oor
nature,is spread over them. Ai times it is scarcely
permitted to an individual to be absotalely cer-
tain of his own motives. But when the question
is concerning the purposes of others, experience

itaily lelis how hard a task it is to descend into
the hidden recesses oflhe mind, aod pluck inien*
tions from that granite cell, in which they delight
to incrust Ihenuelves,

The only mode of discovery is to consider lan-
guage and conduct, in their relation to the real
aod avowed object, and thence to conclude, as
fairly as we can, which is the one, aod which
the other. This course I shall adopt. If there
be anything fajlaeiousj let the friends of Admin-
islratlOD oppose it.

When 1 state that precaution was not, but that
coercion on Great Britain was the principal mo-
tive with Administration in advising the embargo,
1 do not mean lo aver that precaution did not
the view, but only that ''
J did by no mea.
a proportion in producing that policy, i
inet, as it did before the world. This will appear
presently,' That the principal objecl of the em-
bargo policy was coercion on Great Britain, I
conclude from the language of the friends of Ad-
ministration, in this country, and the language
which the Minister of Administration was direct-
ed to hold across the Atlantic, as also from iheir
subsequent conduct. Here all tbe leading cal-
culations had relation to coercion.

The dependence of Great Britain upon ber
manufactures, and their dependence upon us for
supply and consumption — the gteaioess of her
debt — her solitary state, engaged with a world in
arms — the fortunes and the power of the French
Emperor — ihecertain effect ofthe commercial pro*
hibitions of combined Europe upon her maritime
power; sDch were the uniform consideratioos id
suoport of this policy, adduced by the friends of

nthec

a this

n this

Let

.itrary,lhe considerations urged
the motive for it were altogether different.
Us recur to tbe language which our Minister
was directed to hold to the Court of Great Britain,
On this subject. The Secretary of State, in bis
letter of the 23d of December, 1807, to Mr. Pink-
ney, thus dictates lo him tbe course be is to par-
sue in impressing on tbe British Cabinet tbe ob-
jects of the embargo:

** I Biail myie[f of the opportunity, to encloae yon a
copy of a Meuage from the President to Congress, and
Iheir act in pursuance of it, laying an embarga on oor
vessels uid exports. The policj and causes of the
measure are explained in the Message itself. Bat it
may be proper to authorise you to assure the British
Gavcrnment, as hss been joit eipreued to its Minister
here, that the act is a meaiare of precaution only, called
for by the occasion ; that it ii to be eonsiderei] at nei-
ther hostile in its character, nor as justilying, or invit-
ing or leading to hostility, with any natian whatever,
and particularly sa opposing no obalacte whatever to
amicable negotiationi and aatJafactoiT adjualmenta with
Qrsat Britain, on tha subjects of difiersDcc between

Here our Administration expressly declare ibat
"the policy and causes of ihemeasureareexplained
in the Message itself." And in that Message the
"dangers with which our vessels, our seamen, and
merchandise, are threatened," and " tbe great im-

.yGooglc

1109

HISTORY OF CONGRESS.

1110

Jakuart, 1809.

E.Ttra Setfion-

H.opR.

At the Court
ister was directed to leprcneat thi
merely iniended to save our esseai
But the Administralioii were notconteut with the
directasseriioDofihismotJTe, they abjure Bnyother.
The? ezpreasly direct our MiDiiler *' la assure the
British GorerameDC that the act ia a measure or
precaution only," and " that it opposes no obsta-
cle whatever, in amicable Dea-oliations between
tbe iwo eouDtrtes." Hero then the friends of
Admioistration, apeakiug, as la well known, its
latiguage, allege, in this country, that the embargo
is a measure of co^rciou, and that ifpersisted in
viforously, it trill reduce Great Britain to cur
terms. Whereas the Minislerof (he United Stales,
apeakini; also the lauKuage of Administratiou, is
directed, UDequivoeaHv. to deuy all this in Qreat
Btiiain and to exclude the idea of coerciou, by
declBrini; it to be a measure of precatition oolr.
Cerlainly never was there a policy mnre perfectlt'
characteristic, it is precisely that policy whico
one deeply skilled in the knowledge of the huniBD
character, described as ''a language official and a
laugUBse confidential." A language for the ear
of ine American people. Au apposite for the ear
of the British Cabinet. If this had been, as the
Minister of the United States was directed to as-
sure the British Cabinet, " a measure of precnu-
lino only," why were the friends of Adramistra-
tion permitted to advocate it as a measure of co-
erciOQ? Whv is it continued after all pretence
of precaution has ceased 7 Did not Administra-
tion know that if it n-ere supported here, on the
ground of coercion, that this fact would neces-
sarily be understood in Great Britain, and that
it must form "an obstacle to negotintion," not-
withstanding all their declarations? If therefore
it had been truly "a measure of precaution only,"
would not Administration have been the first to
bnve counteracted such an opinion, and not per-
mitted it to have gained any ground here or else-
where? Yet they couotenance this opinion in
America, at the moment they are denying it in
Great Britain. And why? The reason is ob-
vious, and is conclusive in support of the position,
that it was at first, as it is now, simply a measure
of coercion. The mode adopted by Admiot.-^ira-
tion is the only one they could adopt, with any
hope of success, in case the object was coercion,
and the very mode they wonld avoid, had it been
really precaution. There is not an individual in
the United States, somuch of a child, as not to know
that tbeargument of pr<^CBUtion was good only for
ninety, oral farthest an hundred and twenty days.
After our ships and seamen were in port, which
withia that time would have been principally
the case, the reason of precaution was at an end —
upon the principle that the self-interest and in-
telligence of the merchant and navigator, are
the nest guides and patrons of their own con-
cerna; and that the stake which society has in
the property of the citizen, is better secured by
bis own knowledge and acliviiy than by any gen-

iut" f-

eral regulations whatsoever. It was necessary,
therefore, in the United States, to resort early to
the idea of coercion, and lo press it vigorously;
e, the people of America could not be in-
I endurance beyond the lime when the
f precaution had ceased. In America,
therefore, it was coercion ; but in Great Britain
the slate' of thines was altogether the r

Iratinn knew perfectly well,
from the character of the British natioi .

from the most common principles of human
nre, that once present ihis embargo to it as a
asure of coercion, to compel it to adopt or re-
el any principle of adopted policy, and there
s an end of negotinlion. It would have been
like laying a drawn sword upon the table, and
declaring, " yield us what we demand, or we will
push it to the hilt in your vitaU." In such case,
it was perfectly apparent that there could be re-
ceived, from an independeiil nationj but one an-
swer: " Take away your sword; withdraw your
lace; while these continue, we listen to noth-
I" Aware of this inevitable consequence, Ad-
istraiion not only aver that it is precaution,
, even condescend to deny it is anyihiog else,
by declaring that it is this, and this only. Thus,
in Great Britain, precaution was the veil under
which a sword was passed into her side. But, in
the United States, coercion was the palatable
liquor with which Admini^railon sofiened and
gargled the passage, while it thrust, at the

of the bayonet, the biiter pill of embargo da
the throats of the American people. It is

this

of the avowed motive, 1
questionable diversity of the state of things in
tois country and Great Britain, combined wilb
the fact that the embargo is continued lon^ after
the plea of precaution has ceased to be efieciual.
thai produces a perfect conviction in ray mioa
that precaution was little more than the pretext,
and that coercion was, in fact, the principal pur-
pose of ihe policy. Indeed, how is it possible lo
condiide otherwise, when the very mode of ar-
gument adopted in each country Was the oolv
one that could have made coercion successTuI,
and the very one which would have been avoid>
ed, if precaution bad been tbe real and qnly mo-
tive ? I cheerfully submit ihe correctne^ of ihia
conclusion to tbe coDsideration of the people.

1 come, now. to ray second proposition. Thac
it was the intention of Administration lo perse-
vere in this measure of erabargo, uoiil it should
efiect, if possible, the proposed object, and^ as I
believe, at alt hazard! The evidence of this in-
tention, 1 gather not only from the subsequent
perseverance in this system — in spite of the cries
of distress heard in one quarter of the Union, and
the dangers, not to be concealed, resulting from
an adherence lo ii — hut, from the very tenor of
the law; from iia original form and feature. If
this had been, as it wea asserled by Administra-
tion, originally a measure of precaution only,
there was every rrason why it should be limited,
and none why its duration should be unlimited.
A limited embargo was conformable to precedent,
in this country. It was conformable to practice,

.yGoogIc

HISTORT OF CONGRESS.

1113

H. or R.

Extra Seitio*.

JftKOAty, 1800.

in oiherT>. Then wai leasquniioD of itiCoQiti-
tDtioDilily I and, cerraiol)', much lesa teasoD to
be jratou« of it as a transfer of power to the Bx-
MUtire. The quesllon ol' precHJiioa having ref-
ercDce lo ibe iaierejis of the tDerchaoI, and of
the other classes of the comniUQiiy, was. natural-
If, oie which the members of ihia House, ema-
Daiing directlf from the people, were beat quaii-
fled to decide, atid wa* (he last which thef ought,
or would, in fUch caae, hare lubmitted in the en-
tire coDlrol of another branch of the Legislature.
But as, not wiihsianding assertion', it was, in fact,
a measure of coerciou, a very different principle
operated iu its formation. It was lo be used a3a
weapon egainal Great Britain. If drawn.agalust
her, it was uecessary to be put iiila such a titua-
tioo as mo^t ci^itainly to efiect its purpose. If
drawn it was not to be sheathed, until this had
been done, or, until it had reached the marrow
and vital!' of the enemy. Bui, with such a pur-
pose, a limited embargo would have been a nerve-
less weapon. At every term of its limitation, it
would have been under the control of this Hoi

a body deeply responsible lo the people, liable
" ' "■ - • ' (heir feelings and p

! imroediaieTv operated

lely to be affected by their ft

upon lliis HousCj which never could nave been
brought lo continue the measure one moment
longer than it was for the interest, and consenia-
Deous 10 the wisheiiAf the loass of their fellow-
eitizena. But, if the intention was to keep, if
possible, the^e rctirictiont upon ihe people until
tbey effected iheir objei:t, at all hazards, then no
other course could be adopted but that of an un-
limited embargo. The whole commercial power
Siven to US by the ConMiiution wa« thus traui-
erredj absolutely, lo the President and twelve
men in the other branch of ihe Legislature —
men, from their situation and iheir tenure of
office, not so likely to be affected by the inie
of the people, or ho able to sympathize with them
aj the members of ihis House. If it were intend-
ed, then, to keep ibis ioitrumeot of coercion aloof
from the influence of the people, so that it mighi
be maintained long after they had ceased to ap-

Krobate ii, this was the only course which could
i adopted. This House could not be trusted
with the power of re-enacting it. The w(.-b|
would be snortened and weakened, if it retaaii
in our control. But, in the exclusive possession
of the President and twelve men, its whole force
might be wjelded with the greatest possible effi-
cacy, It is from this feature of the embargo law,
Teconcileable lo no other intention than to per-
severe in it, aloof front Ihe people's sufferings, UQ.
til i( bad effected, if possible, its object, as well as
from the actual obstinacy of adherence, after ihe
most manifest symptoms of discontent in the
commercial Biaies, that J draw the conclusion
that such was the original delerminaiion of Ad-
ministration. And not only so, but I am perfectly
of opinion that such is siill their intention, and
that, if the people will bear it, Xbis embargo will
be continued, not only until next May, but uatil
Dext September. Yes, sir, to next May twelve
mouths. Having this coDviclion, a sense of duty

obliges me to declare il and thus lo stale the re«-
of it.
. come now to my third position. Not onlf
that embargo wan resorted to as a mraiu of co-
ercion, but that, from the first, it was never in-
tended by Administration to do anyibing elae ef-
fcciual, for the support of our maritime rigbu. Sic
sick, sick 10 loathing, of ihia eternal clamoi
war, war, war," which baa been kept up, at-

incessantly on this floor^ now for more tbaa

two years. Sir, if I cao help it, (he old women ol
this country shall not be frightened in this way
any ioager. I hare been, a long time, a close ob-
server of what has been done and said by the nta-
joriiy of ibis House, and for one, I am aatisfled
that no insult, however gross, offered to us by
either. France or Great Britain, could force this
lority into the declaration of war. To use a
strong, nut common expresaion, it could not be
kicked into such a declar&iion by either nation.
Letters are read from the British Minifter, Paa-
siona are excited by his sarcasms. Men gel np
and recapitulate inniliB. They rise and exclaim,
"perfidy, "robbery," "falsehood," "murder."

Sir, is ibis the way to maintain national honor
or dignity? Is il the way to respect abroad or
at home? Is the perpetual recapitulation of
wrongs the ready path lo redress, or even the
means to keep alire a just sense of them in out
minds'! Are thos^ sensibilities likely to remain
for a long time very keen, which are kept coa-
slaotly under the lash of the tongue T

The grounds on which I conclude that il was
the inieulioD of Administralion to do nothing
else effectual in support of our maritime rights
are these: that, if it had ever been contemplaiea
to Gght for them, leu would have been said about
war. and more preparation made for it. The ob-
servation is comaioo, and just as true of coUect-
ive bodies of men as of individual^ that those
fight the best who make the least noise upon the
subject. The man of determined character shows
his strength in his muscles, in the attitude he as-
sumes, in the dignified positjoa in which he places
himself. Just so is it with men determined to
maintain the rights and honor of the nation.
They consider the nature of the exigency, the
power of the nation with which they are likely
to involve their country — what pteparaiioos are
necessary to its ultimate success. They do not
conieni themselves with evaporating words of
passion. They look to the end, and devise and
put in train such means as are suited to a safe
and honorable issue. This conduct speaks mote
terribly than any words lo the fears of foreign
nations. And as to our citizens, they find in it
an assurance which can be given them by ao
enumeration of wrongs, however accurate or elo-
quent. But it ia not merely by what baa been
■aid, but by what has been done, that my mind
is satisfied that Administration never seriously
eonlemplated a war with any nation under beav-
en. That all this clamor *o osteniatiously raiKd,

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Ills

HISTORY OF CONGRESS.

Janoamv, 1809.

EaUra

H. {

■nd »II thii detail of the horrors of war, are do-
ifaino: else than the mchiiiery by which it ii
iniediled to keep this people qaiet, through ap-
preheDtion of m wone Mate, under their most op-
nrmire evil, the embargo. We have beea lold.
from Divioe authority, " by their deeds, ye shall
know ihem." The rule ii jost aa true in relation
to profenon in politict, a* to profenors io reli-
gion. I ask, sir, what has thia majority done
during the two yearn past, in erery moiaent of
which the people have been kepi uoder almost a
daily anticipation of war, towards id eflectual
maintenance of their rlghial Why; we bare
built 170 guDboftis. We have la requisiiian
one hundred thousand militia. Are either of
these intended to fight Great Britain, or eompe-
leot to maiotain our mariliiDe rights? But, we
have an army of fi*e tbomand mea. And how
liiTe jrou appointed officers to that army 1 Have
yoa done it m a manner to breate that sentiment
of nnanimity so necessary to be Innpired, if your
intention be to fight, seriously, a foreign enem^?
lo the last sessiuo, when the proposal to raise
thai army was before tbe House, no cry was so
nniveraal as that of union. Well, sir; and how
did those (rentlemeo, whose ■entimenis usually
coincide with mine, act upon that oecii^ionl Did
we make a party question of iti No. It was
BUppOTied, very generally, by us. Now, upon
what principle bare you condacted in yoor ap-
poiotinent of officers to that army 1 As ihoagh
you wished to unite every heart and hand in [Tie
nation in opposition to a foreign enemyl No.
But as ihoagh you had no other project than to
reward polittcal adherents, or to enforce the em-
bargo laws. I mean not, unjustly, to cbarge any
member of ibe Adminisiration ; but, lam obliged
to iiate that I have satisfaciory evidence to my
mind, that it has beenesiabliabed asa piinciple by
the Secretary at War, not to appoint any man to
a command in that array who was not an open
partisan of the eiisiing Admiitisiration. If I sm
in an error, appoint a committee of inquiry, and
I will be the happiest, if it be proved, lo ■eknowl'
edge it- [Mr. Love asked if Mr. Q.iiinct was in
order 1 Mr. Speasbr coneeived he was not.j
Hr. Q,. continued : 1 am performing what I deem
a great duty, and, if the connexion between this
topic and the subjeot before the House be denied,
J am prepared to establish it. I are' contending
tbat if the purpose, for wbieh this army was
raised, were to meet a foreign enemy, ibis prin-
ciple would never have been adopted in the ap-
rintment of officers. I do not believe the fact
sinte will be denied ; but, if it should be, it is
easily to be ascertained by comparing the ap-
pltcaliooa for appoiolmeals lo those offices, with
th« list of ihoiie appointmenis. Now, sir, if the
inteDiion were to unite the nation, as one man,
against a foreign en^my. is not this the last policy
which any Admioisiraiion ought ever lo have
adopted? Of all engines, is not a party army
tbe most dreadful and detcBtablel Is it not the
moat hkely to awaken susnwion, and to sow dis-
content rather than eoncora? This Is one reason
OB whieli 1 nai my opinion thai it waa oot the

intention to go to war, or they would have adopt-
ed a principle more harmcnlring in relation to
tbe oiganizaiion of that army.

Again, sir, you lalli of going to war a^init
Great Britain, with, I believe, only one frigate,
and five sloops of war, in commission ! And yet
yon have not the resolution lo meet the eipense
of Ibe paltry, iiiile navy, which is rotting in the
Potomac. Already we have heard it rung on
this floor, tbat if we til out that little navy our
Treasury will be emptied. If yon had ever a
serious intention of going to war, would you bare
frittered down tbe resources of this nation, in ihe
manner we witness? You go to war, with all the
revenueto he derived from commerce annihilated;
and pasnessog no other resource than loans or
direct or other intemal taxes? You I a parly
that rose into power by declaiming against direct
taxes and loantf? Do yoa hope lu make the
people or.{hi9 country, much more foreign nations,
believe that such is your intention when you
have reduced your revenue to such ■ condiiion f
[Mr. G. W. Campbell asked the gentleman, if
he could tell how much money there was nofr
in the Treasury. Mr. Quinot continued.] Mjr
memory has not, ai present al command the pre-
cise sum, but perhaps twelve or thirteen milliona
of dollars charged with the expenses and appro-
priations for the year. But what is this? Make
any material preparation fur such a war, as yoa
'must wage, if you engage with either of the Eu-
ropean Powers, aad your whole Treasury is ex-
hausted. I am not now examining ihe present
Slate of our finances. But I would address my-
self to men of itense, and ask them lo examine the
adequacyof our revenueii, in their future -prod net,
to ibe inevitable exigencies of war. Sir, yon
have no other resourcen, commerce being gone,
ihan loans or inlernal taxes. Great Britain ana
France know this fact as well at you. Nothing
can be conducted in such s coutury as ours, with-
out public notoriety. The general resources of
our eountryareaswell known in Europe as they
are here. But we are about to raise an army of
fifty thousand volunteers. For what purpose?
I have hrnrd eenilemen sav'' wecan invade Can-
ada." But, sir, does not all the world, as well aa
yon, know that Great Britain holds, as it were, a
pledge for Canada? And one sufficient to induce
you to refi'ain from such a project, when yon be-
gin serioosly to weigh, ell the consequences of
such invasion 7 1 mean that pledge which reaulla
from the defenceless state of your seaport lowna.
For what porposewonld yon attack Canada.? For
territory ? No. You have enough of Ibal. Do
yon want citizen refugees? No. Tou would be
willing lo dispense with them. Do yon want
plunder? This is the only hope an invasion of
Canada ean offer you. And is it not very doubt-
ful whether she could not, In one month, dectroy
more property on your seaboard, than you can
acquire by ihe most Ruccessful inrasion of thai
Province? Sir. in thit state of things, I cannot
hear aaeh perpetual outcries about war, without
derlaring my opinion ooncernin^ them.

When 1 say,«ir, that thii Adminisiration oavM

.yGoogIc

1116

HISTOET OF CONORBSS.

1116

H. OF R.

Extra Settion,

Janoabt, 1809.

not be iadoced into a war, I meaa by iu own leir-
molion. War may— I will not aiserl ibat it will
not come. But such a state, AdraiDistration do
notcoDiEDiplate.iior are they prepared for it. On
(be coDtraty, I <!□ beliEve ibat the very leudenef
of all imbecile meaiurei is to bring oq the very
event (heir advisers deprecate. IVelldid thegen-
llemao from Oeorgie (Mr. Tkoop) warn you the
other day, not to get into war. He told you it
was the desisD of the Fiideraliita to lead you io-
to tbat state, in order that they might gel your
|dacet. Now I agree with the geDiIemao, thai
if, by your measures, you get this couotry into a
war, that vau will lose your placei. But I do
not agree that io aucb ease the Federalists would
get them. No, sir. Tha course of afiairs, in po-

Eular revolutions, proceeds not from bad to better,
ut from bad to worse. After Condorcet and
BriasDl, came Uaotoo and Robespierre. Well
maygeDllemea dread, aa account of their places,
being involved io war. For let the people ooce
begin Io look on the state of the country, with
that anxiety which the actual perception of pres-
ent danger never faila to awaken; let them real-
ize the exigencies, which ibat state involves, and
comiuire with them your preparations for itj let
them tee an army, in which perhaps a full half
of your citizens cannot congile; a small Qavy,
rendered less by nalural decay, ^nd even the few
•hips we have, not in a state to give battle ; our
Treasury exbauBted, as it will eaou be, and all
the ordinary sources of comm voial supply dried
away ; and they will hurl you from your seats,
with as as little remorse, with as much indifier-
flnce,as a mischievous boy would slight so many
blind and trembling kittens, six to a litter, into a
boise-pond. Yes, sir, be assured that war is tba
termination of your political power, unless you
have prescience to prepare an effectual force,
worthy of this nation, worthy of either adversary
you may elect to engage. But, remember, you
must rely upon something else iban the paltry
aarplosses of your Treasury, which, in fact, iti one
jear will not nisi ; upon something else than
loans or direct taxes.

This bill, I consider as a continuation of the
atme deception as to the tnoiive, as tbat which
operated in the passage of tbe oriEtnal embargo
law. If we pass it, I fear we shall again be in-
strumental in deceiving this people. Tbe eficel
of this bill, whatever may be its avowed design,
ia calculated to soothe the peoplv, impatient under
the embargo, uaiil tbe spring elections are passed,
and uniil the first session of the State Legisla-
tures are finished. By a new session of the next
Congress, in May, the people are to be led lo hops
tbat next Mav will bring them relief. But let
the embargo be kept on until May, and as the
honorable gentleman from North Carolina (Mr.
Macon) tdd you, verv ingeouausl)f, it will then
b« found necessary to Keep it on until September;
and perhaps for another year. This is the key-
stone of the whole policy of this bill, as 1 appre-
hend. If it be your real intention to remove this
embargo after iVlay, why do you not adopt a pro-
lisioD similar to that proposed the other da;, by

the geuileman from Connecticut (Mr. Stdbqbs)
and annex it to this bill? Why not limit the
continuance of the embargo law, until next June 7
And thereby leave the new CongreM free, relative
10 this measure, from the power of the Executive.
Give the people a pledge that the embargo shall
be removed at a limited time. At least, put it
into the power of your successors, by refusing to
re-enact the Uw, to control the Executive's will.
This pledge the people have a right to claim, if
it be your real purpose to abandon the measure
after May. If, however, this be not your policy,
avow your intentions. Tell the people at once,
tbat it is a power of coercion, in whica you mean
to persevere, until it has eflected its object. Show
ibem the reasons on which you rely that it will
be successful. Perhaps they will consent to en-
dure it. But with the present state of things they
cannot, I hey ought not to be satisfied. At least gel
back, by limiting the present Law, your commer-
cial power, which younave absolutely surrendered
to the President and twelve men. Permit yout
successors to be as independent of the Executive,
in continuing this system, as you were when you
consented to adopt it.

The only eonsistent advocates of the embargo
system are such gentlemen as those from Norih
and South Cirolina, (Messrs. MacoN and D. R.
WiLLiAus,) and tbey are opposed to this bill.
They tell you that this is an efiectual weapon
against Qreai Britain, and believing this, as they
do, they say truly that a session in May wilt
evidence timidity, and defeat the effect of the
weapon. You ought \a take one or (he other
ground decidedly. Either you still confide in its
efficacy, or you begin to doubt of iL If the for-
mer, show your confidence to be rational, and
leave the weapon to have its full op«raiion, not
unnerved by the hope of a May session. If the
letter, either repeal it instantir, or give tbe peo-
ple an assurance that it will be done io May. The
course you are pursuing has no other tendency
than to excite suspicions, to agitate and embai-
tasa.

I ask gentlemen to consider what will be (heif
situation' in May. Will you be in a belter con-
dition to go to war then, than you are now 1 No.
You will he in a worse. You will be more em-
barrassed— you will have les^revenue. You will
have more discontent Your eCScien( force will
not be materially greater. Will you have more
encouragement then to strike at the Canadas than
exists at present; end what other point of attack
have you on Great Britain 7 Will you be a whit
more inclined in May or June to remove the em-
bargo than you are at this moment J No. Ii will
be stepping back then just as it is now. That
dreadful thought will be, I fear, sufficient to in-

! tfaec

T ad her

1 the

monibs longer. And, after abundance of wat
speeches. Congress will rise and leave that mea-
stiie bending down the people until next De-
Sir, these are the general reasons which I have
to urge against the adojition of this bill. In what
1 have said my only view has been to exhibii to

.yGoogIc

HISTORY OF C0N0EBS8.

1116

jAtlOABT, 1809.

Extra Sanott.

H.OFR.

this Hoa&e and DBtion (he rea) motives which.
I apprehend, CBuaed tbeortginal impositioaof (he
embarKo, and which sliil operate !□ support or
this bill. I do DOE believe that ii is (he intention
of a majority of thia Hoose, at present, to con-
tinue this system after May. But I do beliere
Ibat it Is the iaieniion of A d miDJ strati od. My
detiigD hai been to recall the recollection of gen-
tle me ti to (he difiereoce between the arguments
now urged for its eoDtinuaoce, and tbc official
reasoDEtai first given foritaadopitoo. And I would
warn them (hat if tbey mean In gain credit with
(he people for the iotetitiou of repealing the em-
lArgoinMay, they will not obtain it, if ttiey leave
the next Congress at the mercy of the Executive,
by rising without affixing some limitation to it.
Mr. KpFES said that he bad do hope, at this
late hour of the day, after the House had been so
long amused with an eloquent oration, abounding
with tropes, figures, and welt turned periods, (hat
he could oHer anything calculated to interest or
amuke (hem. I cannot, however, said he, suppress
the senlimeht I feel at hearing a gentleman, in the
present situation of his country, attempt to place In
a degraded point of view the resources of (he na-
tion, atid level exclusively at the Administration of
his own Qovernment, that asperity which ought
to be confined to the belligerent nations. To a
man who koew nothiog of the foreign relations of
(his country, it would appear, from the speech of
(he gentleman from Massachusetts, that peace,
prosperity, and every'otber blessing, would attend
(he removal of (he embargo. No person, from his
speech, could suppose that the sovereignly and
independence of this nation was in danger from
the atrocious and unprincipled conduct o7 foreign
nations. The embargo is the cause of all our
difficulties I Nothing but a removal of the em-
bargo is necessary to re-establish the unrivalled
prosperity of the nation 1 This measure is repre-
fentedas having originated in political deception ;
as having been supported on grounds not only
extraordinary bni uonriticipled. Even the pres-
ent bill is reprewnted as a new species of politi-
cal deception, intended to deceive and mislead
the pople. The speech of (he gentleman him-
■elf IS nothing more than political delusion; an
old atory dressed up in a new garb, and ushered
into the World at rtie present moment, for the

Surpose of meeting (he present slate of things la
[■siachusett*. It is intended to produce an effect
on the Legislature of that Stale, and on the ap-
proaching elections. The speech is certainly not
made on ihe hill before (he House. It can have no
object but to increase the irritation already pro-
duced in that portion of the Union by misrepresen-
tations. The gentleman has said, I am sick to
loathing, at hearing the constant cry of War, war,
war. I,sBidMr.K., am sick to loathing, at hearing
(he constant cry of embargo, embargo, embargo.
lam sick to loathing, when I find a representative
of this nation callous to (he wrongs of his count
when I hear bim holding out to foreign naii
(he idea (hat we cannot be driven into war; i
we are incapable of making i(. WhB( has
gentleman told youlyou caonot cany the oat

into '»ar; you have neither resources nor men;
will this country resort (o direct taxes or loans?
Will the party that came into power by opposing
direct taxes and loans, resort to (hemi Thev
cannot j whenever ihey do they must go out. It
was neither direct taxes or loans, which lost 10
the Federal party the confidence of the people.
The prodigal expenditure of public money, which
produced the necessitv of (axes and loans, de-
prived- (hem of (he public confidence. The Re-
publican party came in as the friends of a proper
and a niKgardly system of economy; on (he
ground of attachment (o (be righ(s of (he naiioo
individually and collectively j neither (he people
or the party wilt shrink from that s^iecies of ex-
pense which is necessary to maintain the inde-
pendence and liglils of the nation. That speciea
of niggardly economy, which could pat money
in competition with the independence of the na-
tion, I for one disclaim. It would be disclaimed
by the whole of the Republican party. By a ju-
dicious management of our funds we have ac-
quired credit, that is equal (o our wants; we
can command without difficulty and without
taxes, whatever sum may be necessary to assert
and maintain our rights; when .the period of
difficulty shall have passed, it can be discharged
honestI]r, as our debts heretofore contracted have
been, wiihout new taxes or burdens on the peo-
ple. We po&sess a credi( superior to (bat of any
other nation, and we deserve it. The gentleman,
in speaking of hn polilieal opponents, has said,
by their deeds shall you know them. Apply
this principle to Ihe ground taken by Ihe gentle-
--- WiUyou, says he, with ITOgunboaisfight
Britain? Will you march Into Canada
and take possession of her territories? They have
' ' (heir powef to punish your rashness; they
destroy vour seaport (owns. This is the lan-
guageof an American Represen (alive, when (bis
nation is assailed by foreign danger; make war,
and punishment awaits yon ; you have no army )
ffee^ve militia; no resources; you mean
o assert (he rights of ibe nation; your object
is political deeepiion. These observaiioas are
not less extraordmary than Ihe ground oq which
the gentleman allempu to convince the people,
that we have no intention to maintain their right!
by any course but the embargo. The army, ha
'las (old YtJu, has been officered eiclusivety by
lenons ora particular political sentiment. This
le considers as a proof that the army is not in-
tended to fighi foreign nations; he has understood
from authority, which he cannot doubt, that no
Federalist was (o he appointed to the new army;
that this was a correct principle, I have no doabc
army is almost exclusively officered by
Federalists; (he appointmen( of Republicans ex-
clusively to the new one, will still leave to the
Federalists more (ban their relative share of these
ippointmen(s. Even if this was not the case, I
ihould consider the principle correct. I have
never on this subject ulsgnised my 'entlmenis ; I
ever have been, and I ever will be, opposed to
(be appointment of Federalists.
Bu(, air, ike geoileman baa told at yoit hara

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BISTORT OF CONORESa

1120

RopR.

EMra Setnan.

Jamdary, 1809.

not cTea spirit enough to fit out sod Mod to tn
your navy, retluoed ai it In. Don the geatlemsti
mCRB to reit the rights of ibe nitioD od the frig-
ttea aod public armed veuelil Doea he expect
ihai, witD our aavat foree, our rigbis can be
maintained on tbe OGeaa agaiait Qreal Briiaia?
1 sbould despair, indeed, if, on thiaelementilooB,
Great Briiain was toboaaMJIed, and with this
force. Her commerce, in the ereol of war, muat
be assailed by employing our commercial capital
in prJTateering. We ate capable ofassailiiigber
in this way in every place where her canvaw
AoaiB. It will afford ati honorable and profitable
occupation to ouraeamen ; it will be a Geld to ex-
ercise their c ou ra ire, enter p rite, and patriotistn.
It is in our power, if war shall be reaorted to, to
ksuil with effect her poueuioas near us ; (o cut
. off this resource for the oupply of her islands ; to
iDcrease the distance betwceti us, and destroy the
pretext for her armed vessels hovering on our
coasts; to prevent, io future, the disgrace orbeing
intuited in our ports; of having her ofCeers eti-
joyii^g hospitality in our ports at night, aad going
out the next morning to rob and murder our citi-
zens. We can lake possession of her territorie*
here, and, if future evenis shall justify that course.
ve can lake possession of the Ftoridai also, anil
prevent the danger offulure collision with foreign
naiioDi. Thegeoilemtn from Massacbusetis has
brought into this discussion what he calla the
reasons for laying the embargo, and has attempt-
ed to show that the real groundi of the measure
have not been avowed by the Admin islratioti.
He draws this conclusion from the a^umeota
nsed on this floor in suppnrt of the meastire. 1.
That ii would preserve our commercial capital.
2. That it would prevent immediate war. 3.
That it would coerce areat Briiain. 4. That it
wonld have a good effect on Mr. Rone's negotia-
tion. 5. That Booaparte was asserting the mar-
itime rights of the world, and that it would gu
in aid ol that aaserlioo. That the embargo did
preserve from ruin our commetcial capital, and
that it did prevent war, are facts admitied by all
uiiprejudiced men; that it produced great lenti-
billty and alarm on the part of the British Mini*-
Iry , we liaow. The indocemeDi held out to our
eiiizens to violate the laws of their country proves
it. When did the British Miniatry lose Ihisren-
aibilil)[ 1 When it was discovered that, by means
of their agents and subjects here, the law could
be evaded. As to the operalioa of the embargo
on the negotiation of Mr. Rose, this i* entirely
new to me. It is,ihe 6fBi time [ have ever heard
this asaigned as one of the grounds on which it
was Nipporled. As lo the mission of Mr. Roxe,
il was a mere political juggle oo the part of the
British Ministry. It was ioiended to palsy the
feeling of the ualioo as to the outrage on the
Chesapeake; it produced ihatefi'ect. The fifth
ground, as to Bonaparte, I understand the gen-
tlemao from Ma^aachuselts to have withdrawn.
If the gentleman has withdrawn it, I wilt forbear
loremnrkon it.

Mr. Q,DiHCT explained, and Mid be withdrew il.

Ur. Bppm eootinued.— I am really glad tiie

oentteman has done so. I thonld, indeed, h*ve
been sorry that any gentleman, who has a repu-
tation to support, should have urged in a oew
form a charge so often refuted.

Mr, daiHcr did not know that it had been
refuted.

Mr. £ppEe called him to order, and proceeded.
From the grounds taken, as the geDtlemao from
Massachusetts inform* us, in debate on the em-
bargo, he infers that the AdministraiioB, in recom-
mending the embargo asa precautionary measure,
practised political deeeptiou. ■ That u was in-
tended by the AdminJEiraiioo, first as a measure
of coercion exclusively on Great Britain, second-
ly to keep it on at all hazards, and thirdly, to do
nothing else. The gentleman tells us thin meas*
ure was represented to the British OuverDmeni as
a ptecauiiocary measure only ; that if it bad been
presented a* a measure of coercion, ne^gotiaiion
would have been at an end. How does it happen
that negotiation has totally failed notwithstand-
ing the measure was presented to the view of the
British Government as a precautionary measure
only! Did the Briii&h Ministry poseeta informa-
tion io which they had mote coofidence, lending
to prove that this representation of the measure
was only political deception 1 As to the secood
and third points, that the Administration was to
adhere to the embargo at all hazards, and to do
QOihiog else, it is a mere naked assertion, totally
unsunpurted by the course which has been adopt-
ed. For what puroose did we, during the last
session, raise iroopa? Why have we doubled our
seamen and marines'! Why have we made large
appropriations for fortifications? For whatpur-
pose are we about to raise more (roopsl The
gentleman lays, to enforce the embaigo at the
point of the bayooei. All this preparation is de-
signed only for enfurcin^ the emiwrgo. Really,
I have too much respect lor the understanding of
the gentleman to believe that this is seriogily his
opinion. The genilemao has told ua that those
who lalk most about fighting are least disposed
for war. What are we to ihtak of those wbo.ia
the present situation ol their country, can find no
theme on which to exercise theii eloquence but
the embargo? I canobt believe such men very
zealous lo maintain the righu of their counlry.
Why does not the gentlemaa come forward and

Ce us an exposition of the decrees and orders 1
I him do this and give the people an opportu*
niiy of deciding whether the decrees and orders,
or iHjIiiical deception and the embargo, produced
our present distress aod difficuliiea. What is
the practical operation of these decree* and or-
ders 7 A platiier in Virginia wishes to send to-
bacco to ihe continent ol Europe; what most he
do? Send it first to a British port, pay a lax,
and obtain a permission from HisMsjesiy to &bip
his own produce. Suppose an iohabiiaot of the
State of Massachusetts wishes to send- fish lo
Spain, or to aoy other pan of the cootinent of
Europe? Why he must Srstgo to a British port
Skk permission of His Majesty and pay for the
permiasioB. Will aoy gentleman venture to deny
Uiai tbia U the practical operation of the Orders

.yGoogIc

1121

mSTOET OP OONGSBSS.

Januabv, 1809.

Extra Station,

fR.

in CouDcil? Will ihe genileniaii from Massa-
chusetis tell ibe people of ihis coUDtrf ihej cbq-
noi, muM not Ggbt for thia; that ihej have dg
TOtiurces? The geDtlemao from Magtachusetla
could not maiDtaJD this ground before ibe peopti
in any ponioD of this country. The raokpst Torr
in oar coualry would blush to lake such ground.
He would be &couled by honest men.

Mr. K. coDciuded with saying, that the geoeral
Bcope of the argumeDt of the genileiiiaQ went to
ihow tbat the embargo was to be a pertnanenl
mvasure. Conscious that such a view was en-
lirely erroneous, calculated to deceive and mislead
the people, he bad obeyed the impulse of bis feel
lags, and caoGoeil bis' observai ions to the speech
of ihe gentleman instead of discussing the bill
before the Huuse.

Mr. J. vJ. Jaoksoh, after a few words in explan-
ation to Mr. D, B.. WiLLrAMB on [be subject of an
eiiraordinary uisiton, said the gentleman had
urgtd ihai such a measure (an eitraordinary

now circulating ibat the Administration was not
ardently desirous of peace. Has it not been
denied, said Mr. J., notwithstanding the official
dacuments to the contrary, that no propoiiliui to
luipend the embargo has been officially msde to
Great Britain 1 When men have the hardihood
lo say these things, is it not in vain to attempt to
induce them to believe anything? If oue arose
ftom ihe dead, they would not believe. A stronger
ilUistraiion of this appears in the conduct of the
member from Massacnusetts (Mr. QutHCY;) and
in passing from the genileinao from South Caro
lina. to whose patriotism and honorable sense of
what is due to bis country, I cannot but testify
my respect, it is with extreme regret that 1 turn
to another quarter, which, in every point of view,
presents the direct reverse of his character. The
genileman from Massachusetts (Mr. Q,DtNCT)sat
out by declaring that the object of Congress was
lo continue the embafgo, and lo induce the peo-
ple to bear with it, under a belief that measures
would be adopted which ihe House had not in
cuQtemplation. Are we to infer from the gen-
tleman's speech, sir, that he feels great hostility
lo ihe adoption ofauy measure whicn shall dimin-
ish the public sensibility? If any iaference can
he drawn from his language, it is irresistible that
he would be mortified if any measute should be
adopted which would allay ih^ fermentation
whicb sncb speeches and such men have pro-
duced. The ge::ileman says a fireat crisis is
about to take place, and by deceiving the people,
by pacing this bill, it is intended to prevent it.
What does this crisis mean, sirl Hostility.io
the laws. Have we not heard from g-entlemen

iUr. Llovd it is supDosed) living in the quarter
rum which the oieinber comes, that ihe fermen-
taliuos will be manifested ihere Srst by the pub-
lic meetings, next by resolutions of the State
Legislature, and lastly by taking soiue undefined
cour>e lo resist the laws? And is avertiog such
a crisis as this the effect which the geolleman so
much deprecates ? Is it because it has a tendency
lo avert such calamities, that he is agaiost it?
lOtb Com. 2d Stss.— 36

Would he be delighted with all the horrors which
disunion and civil war can produce? If wa are
to infer anything from the observations of the
gentleman, it is inat »uch a state of things would
be must pleasing to him. He says this House has
acted under a deception as to the motives with
which the embargo was laid. This is, to say the
least of it, nol very courtly Unguage; and if I
animadvert on it in a style which may nol be
pleasing to 'he gentleman, he must charge it to
himseir Does he mean to convey an idea that
ihe members nf this House are the dupes of Ex-
ecutive or any other influence? That they ate
10 be gulled btr raisiaterpreiatioas of the Execu-
tive views? The imputation is unworthy of the
gentleman. He may be the vhsttm of the preja-
dicesandviewsof bis own parly, though Jsliould
least suspect him of being duped by them, who
appears to be one ofiheir leaders. I trust that
ibis House will always act according lu its own
sense of propriety; and I know it is without rea-
son that tbeiosinuatioa is made tbat we wish to
deceive the people. It is Ihe genlleman and hi*
friends thai deceive Ihem. Has anything been
concealed from the people? Have we not alway*
explicitly declared what our views and inteniions
were? The whole tenor ofiheconducl of this Ad-
mioislralion pronounces emphaticallv the charac-
ter of falsehood on the assertion. This political,
deception, which Ihe gentleman imagine* we
have acted under, only exisit in the heated im-
agioBiion of an infuriated partisan, disposed to
sacrifice everything to attain his objecl.

The ostensible motives for laying the embargo
were the real ones; ibere was never any incon-
sistency between the real and alleged motive*.
And I will here observe, that I raal^ a wide dis-
between ihe motives which lead lo the
.adoption of a measure, and those which require
its cooiinuance. They were purely piecautioD-
ary in the first instance. The reasons avowed
by its f/iends for the passage of the embargo, ori-
ginally, he asserts, were to preserve our seamen
essels — to frighten Mr. Rose — to compel
Britain to yield lo the coalesced Powers —
10 join the coalition against Bogland — to do some-
thing, not knowing- what — whilst it seems that
others, though but few, might have calculated upon
its effect on France. And, upon this ground, the
gentlemen charges the Administration with du-
plicity. Loot at the facta assumed by him, and see
whether they exist in reality, or, if ihey do, wbe-
iher they warrant theinferencesdrawnlrom them.
One ground, he says, was to preserve our seamen
and vessels. This is undoubtedly correct. Ano-
ther ground, he asserts, was to frighten Mr.Roae.
Was that a moving consideration ? Certainly
not, sir. I will not credit it, unless I hear it from
a source moreeniiiled to credit. Every man must
know, tbat ever heard anything of British diplo-
macy, that their Ministers, when they leave hoine,
come bandcnffed, manacled, nod tongue-tied with
instructions, which ihey cannot shape conforma-
bly to posterior circumstances. In Illustration of
thif, I reoollecl an anecdote of a British Minister
al Pari*, who, being asked to go tp the theatie,

.yGoogIc

mSTORT OF CONGRESS.

Extra Seuitm.

Janoaiit, 1609.

declined the inviialioo, alleging the neceasiiy of
wailing until be could dispatcli a courier to Lon-
dOD to obtain leave from his GorerDmeQl. No
one entertained so futile ao idea, as that Mr. Rose
would ■ '
ground,

Another motiTe aBnigoed. the crentletnaD mts,
was, that it would compel Great Brilaio to yield.
Borne geDtleincD have taken the ground, sir (and
I believe it to be correct,) that Great Britain wilt
be materially operated on by withdraning ftotn
her (he supplies necesaary for her subsisteace, and
the raw materials indispensable to her manufac-
toriet. Bui, because this calculation has entered
into the arguments for the contiouance of the em-
bargo, is it to be asserted thai itwas a principal mo-
live for the origioal impositioti of that measure 7
The members who voted for the embargo saw
that our property and resources were involved io
irretricvBole ruin, unless they were snatched from
tfaedan^r. ~ll is the course of wisdom to observe
precautjon ; and, in doing so, it is not necessary
to inquire into the latenr consequences, but merely
into the immediate e^'ecis, of the measure. Aod
they were not to be deterred from It byan idea
that it might afiect the nations whieh had com-
]>elled us to adopt it.

Another object oftbis measure, he alleges, was
to coalesce with France in re&istiDg the British
Orders in Council. How does this comport with
tbe BsseitioD thai we did not know of the orders
when the embflrgo was laid? The two asser-
tions are at variance j they will not hold together j
they are not conkisient with each other, and nei-
ther of them is consi^tem with truth; because the
exisienee of the orders was so well known that
tbe substance of them was given in a paper in thin
city (the National Intelligencer) on the ISlh of
December, eipouDding the intention of them moYe
effectually than any man could do from theircon-
text; for u Mr. Baring said, on the floor of the
House of Commons, " For a guinea, any BngHsh
lawyerwould give opposite opinions on ill clauses,
so capable were they of misconstruction." The
imputation, as a motive for tbe embargo, of an
intention to join the coalition against France, is a
most dastaraly attack on the majority, and on the
Administration. They do not bold a language
officiaI,aod a language eooGdential. This nation
would not have so long been blind to it, had such
a time-serving policy guided its actions. We have
too much reliance on tbe good sense of the peo-
ple to support ourselves on imposture — on a fla-
gitious dereliction of principle. If we were to
unite with France or any other nation, it would,
I hope, be don? in the face of the world. Were
it to be attempted clandestinely, I ahould be the
last to fallow ill the wake.

How have subsequent events justified this
charge? Why, sir, a pronoaition was made to
England to lake sides with her against France,
to repeal the embnrgo in relation to her, if she
would repeal her Orders in Council, so far as they
affected us. Aod what would he the direct result
, of cuch a measure if Prance persisted in her de-
crees? Hostilities against Fiaace and aUiaocfl

with Greet Britain—allowing tbe latter all the
benefit of our trade, and cuttiufc off kll communi-
cation with her enemy. The id^adoes not ccm-
Eoriwith tbef«ci; and no man who will give
is judgment time to operate on his paasioni
will dare to hazard such an assertion.

But there were others, the gentleman says, who
wished to do some thior and did Dot know wbat,
and therefore voted &r the embargo. Is this
amongst the charges brought forward to prove
that a language official and a language eonBden-
lial has been held by the Ad minlst ration 1 Thtt
class of men cannot be aiding in the decepiioo
the gentleman apeaks ot; formen looiguoraDlta
understand, must be too weak to be irnsled with
the designs of those who wish to use tbem. li
the Executive responsible fat the motives ^
every man on this floor, who chanced to vole in
conformity with his recommendation 1 The sup-
position is derogatory to the chftraelec of the
people, and the expression of it is kn intolerable
insult. We act from our own impulse alone, sir;
and there cannot be a stronger illustration of ibis
fact than the vote the other day on the subject of
tbe Navy, when the House is go equally divided;
and the gentleman's political friends divided tm
on the question in the first instance ; bowever,8f-
ter they had permitted their passions to eooI,iDa
day or two, they wheeled about and advocated
tbe bill. I voted throughout on tbe same aide, al-
though I almost distrusted my judgment from Gad-
ing myself in such bad company. The voiei
on this bill, 1 say, prove the futility of the idea
that the Executive is responsible for the acts of
the majority or their argumenia.

' '•-ve now very cursorily noticed the gentle-
proofii in support of hir charges. If fully

I hi

examined, they would pfove to be ««r etpreterta
niliil.

He also says that It was determined bf the Ad-
ministration to keep on the embargo, and to do
nothing else effectual. Sir, the acts of the Gov-
ernment prove that it was resolved to uke
grounds whieh would enable it to resist the at-
tacks which might be made on us. A million of
dollars was appropriated for fotiifieations at the
last seMion, a mucli larger sum than was ever ap-
propriated at any one time before; in addition to
ihis, appropriations for gunboais. men, dtc, were
made. How is the BRsertion that the embargo
wasioteoded to be permanent, justified? Ifthai
had been the disign of the Admin.ii,tration, would
not the instructions given to our Minister* imme-
diBlely after the adjournment of Congress have
been of a very different natnre 1 Four days only
had elapsed after the adjournment, before the
President manifested a prompt attention to the
•object, and a determination to avail himself of
the authority vested in him by law. Are we to
be told after this, sir, that the embargo was in-
leaded to be a permaneut measure? That it was
to be continued as a means of coercion, and of
coercion only? No, sir; for this propoiiiion. the
rejection of which stamju on the British Gov-
ernment the crime of insincerity, was made im-
Inediatety after CoDgress roae. Meed 1 read the

.yGoogIc

1125

HISTORT OF CONGRESS.

1126

JlKDART, 1809.

Extra Sation.

H.ofR.

I aiid the formal offer made ia coase-
guence of ibeml Krtry ooe bas teea both.
And I will agBiQ tell the geDtleman from South
CarolJDa (Mr. D. B. WiL^Ma) that he cannot
«ipect to coariDce the misguided peojtle of this
CDoatr^, who are worked upon br [ittrtiHDs, after
an Bitecnpt has beeo made in tbe face of the docu-
mtnti to prove that it wai an inofficial ptopoaitioa
made bjr our Minjiter in Loadoa, and which the
Briiiih QoTcrnment did not accept of. beeaaie it
might implicate ttre Mioiitcrwith bii Oorern-
DUDt, for doin( an aflt which he was uot author-
iicd to do.

Mr. J. Q. JAOKaoM heregirinj; w&f for the i)ur<
poM, a motion wa> made lo adjoaro, and eartied.

Fat DAT, Janaary 20.
EXTRA SESSION.

TheHoDse resumed the consideration of the bill
loaltet the time for the next meeting of Congreis:
WhercopoD, tbe motion made yesterday by Mr.
Datld R. Williams, to amend the Jjill by strik-
ing out ihe wordt ** fourth Monday of May,"
vhich was depending at tbe time of adjournmeDi,
was rcoewed.

Mr. J. G. JjLOKSON returned iiis obserTations.
After diseusaing the circuratiaacet arged by the
genlleman as lending to prove that the Adminis-
traiioD has been guilty of inconsistencf, which 1
noticed yesterday, and which I trust il was un-
necessary for me to have noliced, because the
acrs of the Eieeniire stamp on the aiiseriioa its
proper eharacttr, the eeotleman from Matsa-
choseils says thai he collected biii idea that the
Mtensible were not the real causes of the embar-
go, from the difference of the l»nguage held here
and in Oreat Britain, where it Was required that
it ibould not be considered as a measure of hos-
tility ; that such a threat as we now utter would
be laying a naked sword upon tbe table when
making our proposition, and would have been re-
jected with disdain, had not dnplieitjr characler-
ized the condnet of tbe QovetDment towards that
naiioB. It never has been. supported on this
Soor as a hostile measure, bat as a precantionary
aod coetcive one ; and canool the gentleman dis-
tingoiih between hostility and coercion? Was
the nan -imperial ion law considered as a hostile
act? No, sir; yet it was enacted as a coercive
or miriciive measure. But ao man, except one
whose imagioalion has misled his jad^ment, can
eoneeire that the embargo was a hostile act It
was never supported as one, and on that ground,
if on DO other, ihe gentleman's premises are np-
rooled, and his whole superstructure overturned.
JKwtlie gentleman sayi the langnage is different,
i have shown that the language is not different.
But if it were, ii would prove that there was no
preconcert ip the thing, and wOiild falsify one of
ihe genileman's charges, viz:, that there was a
detigD to foist this measure iipori the pablie, un-
der auspices different from those avowed. Tbe
embargo may be continued for one cftuse, though
it was not laid for that canse; and because some
gentlemen say that ii will have a coercive effect,

does it follow thst it was laid for that purpose
alone? Certainly not ; its adoption may be for
one motive, and its contiouince for another, and
yet gentlemen advocating both be perfectly consist-
ent. I ihink it would be monstrous to make ibe
gentleman's party responsible for everything he
says, and not more so to make him responiihle
for all that is said on his side of the question. It
cannot be that the Executive ie responsible for
what I say to-day, or what I said yesterday, or
for what any gentleman on the same side witb
myself may have said at any time whatever.
Why, then, urge the language used on this floor
as certain prooTsI AH the positive good whicb
the embargo had in contemplation it is said has
been attained, viz: tbe preserving oar ships and
seamen from caplnre. If removed without sub-
stituting any other measure, what would be Ihe
necessary consequence? All would be let loose
to destruction. And is this the policy which
ought lo charaeterize the measures of this nation 1
If this act, Bgainiit which ell the arguments and
artillery of gentlemen are pointed, was to be re-
moved without a snbstiiuie, the inevitable efl^t
would be, that we most either submit to trade as
tbeedjcia of the helligerenls direct, or hi^e our
properly captured.-

But the gentleman says, thst a "language offi-
cial and a language confidential" have been held.
This is not a new charge, sir. Tbe gentleman
has not even tbe credit of inventing it. It has
been often made without, a shadow of troth.
The gentleman has not attempted to substantiate
it. Let him show wherein it is true; he is deSei
to do so.

But it seems that it is intended to keep on this
embargo system, until it is effectual, at all haz-
ards. How does be support his euertion, sir?
Not by the language of any gentleman here ; for
no gentleman, nowever enthusiastic in its favor,
has ventured so to support il. If the language
nsed on this floor be good for one purpose, ii ia
good for anoilier. If It be good lo prove that the
secret motives of ihe Eseeuiive in recommend-
ing tbe embargo were different from the avowed
one, it must be good to prove Ihe contrary of the
geoilemsn's assertions. Does he mean toefaarga
the membets of the House with duplicity? I
presume not. Well, sir, have not geotlepienof
the majority on this floor admitted that ihe etn-
bargo cannot, and ought not to be persisted in,
for any great length of time? It would hereto-
fore have had its effect, but for the villany of the
dishonest part of the commnniiy, as was properly
oliserred'by the genilaroan from North CaroliQa^
(Mr. Maodk,) who ia one of (is moat strennoua
advocates, and he limits its duration to Septem-
ber as the longest practicable time. The major-
ity, however, generally say, that the embargo
will have had its effect by May or June next.
The gentleman says, if it were intended aa a
precautionary measure only— if it was not to be
perpetual — il ought to have been limited in its
operaiion lo a given day; end that the House by
negativing a proposition lo thai effect, had de-
cbred that they would keep it on. If it were

.yGoogIc

HISTORY or CONGRESS.

1128

H.orR.

limited, i I would afford a premium lo our eoe-
taiti to ptctevrit ami! thit lime, rimI an oppor-
lUDitTtomeD like the gealleman from Mas&a-
ebuieits to def«Rt all our meaiurei. The gen-
tIemBD from Masuchuseiti hai medebairaduxen
apeeches at tbia Kuioa of the Mme lenor wjih
that of ^eaiMdar, aad ibe omiraioa to- notice
ihem ha> been more from a desire lo get on with
the public buBiaeaa, than a wish to avoid the
W«igbt Df bia ar^umeola, which he lays we wiace
from. Yea, ur, it« limitation would Dare beeo t

{remium to oar enemy to hold od, aod men like
tm, to preTent a lubitiiute ; aad our commerce,
, wheo let loose, would hare been swept from the
' ocean by tbe great " bulwark." which protects us
from the gigantic power of France. But, !>ayB
the genilenien, " By their deeds shall ye know
them ;" and in the lame breath telln us. that ibe
najoriiy of the House could not be kicked into
a war. Apply (hi) maiim to the genilemaa from
HasMchuKUs. I feel reluetaai to expreKH my
' aeniimenis on thia subject If I did, I would aty
that ihe conduct of the eentteman induces a be-
lief that he Would be delighted to see the God-
atilulion borned at tbe poiut of the bayonet, and
the Union torn asunder by civil dissencion. By
th«ir deeds shall ye know ihem ; in ii fair, then,
to judgeof gentlemen by their debmaloryspeeeh-
" ud diHirganiziDg tenlimental The House
• „. t. L.'..! — 1 :-i 1 ¥_ .1-. 'inouiif

Exim Set&ioR.

Jansakt, 1809.

Moaoi be kicked into a war I Is thi
fli for the Represeutative Chamber of this
tioD 1 He demands what was the motive for
railing the Army of lut session. If (he genile-
' njan will recur to the speeches on this aubjecl,
be will End an able elucidaiion of the causes for
it made by a gentleman- from Kentucky. (Mr.
HowAan,) who is not afteD-in the hnhit of de-
livering his seolinients on ihis floor. The cauMs
for it were found in the situation of the Western
eoanlryi in the great citent ot our froDtier,cor-
•red with savages, amoog!>t whom Britiah agents
had been stirring up diisatisfaction, with the
hope of inducing ihcm to take up the tomahawk
and sacrifice our brethren ; they wert found in
the necessity of sarrisoniDg our posts on tha
frontier, and a thousand other considerations.
The motive then was good, and ample cause ex-
uled for raisinz this force. But we are told that
If war abroad had been coniempUied, the Army
would not have been officered as it has been.
Does the gentleman meau to reflect on the bra-
very of the men appointed to command, or lo
presume that tbey will not maintain ihe rights of
ibia country, as bravely as his political friends!
I cannot conceive for what other purpose the
insinuation WBs'made. I csD'answer the gen
tlemaa why I conceive that it ought to hare
been officered as it was. If, in thia lime of jtreat
peril.genlkmenwili maintain an hum iliiy against
the Administration and lawn cT their country in
the manner in which the gentleman from Mas
aacbngetls does, they deserve not the confidence
of Ihe aovernment. I would as soon desire Lis
Britannic Majesty to send over some of his liege
•uMecie to command our army.
But the gentleman says that thia House has

not even spirit enough to lit out our little navy.
The answer lo ihis i leave to some one in the
majority ; for I was unfortunate enough to be ia
the minority. As^o tpirit, sir, there are many
individuals in that majority who would make
him shrink from the contest until pale fear dt<
veatpd him of the lion's skin with which he
adorns himself. He says we have sacrificed our
revenue. Let loose our ships to-Eaorrow, and
our vessels end seamen sail to certain ruin, to
conflagration on the one band^nd conQscatioD
on the other, it will be impossille then to avoid
capture. And will this state of thing* fill the
coffers of the country? We are told, however,
that Oreai Briiaio holds a pledge in tbe defence-
less state of our seaport lowus for any damage
we can do to her, if we' \o to war. Is it not a
fair inference from the arguments of the gentle-
man that he would therefore recommend a base
and dishonorable submission? Certainly it is,
became it tends to this: that we cannot raisea
force competent to cop* with the gigantic power
of Great Britain.

But, sir, we are told that we have ■ panisaa
army. And what kind of an army should we
have? Would you have our lukewarm, indiSer-
ent, or deadiv foe< hoisted into office, looking for
the downfall of ibose who appoint ihem? Are
these the men to be employed 1 Bu rely -not,
sir. What ki[>d of an army had we in ibe Rev-
olation ? Was nonhat a party army— a band of

Eatriotsl When we have war, sir, it ought lo
e carried on by such partisan soldiers, fhare
uo idea ol confldins the defence of this nation
(o men who merely hire themselves to be shot at
With such. men I would not risk the deUinies of
the nation. But we are told by the gCDileman
that we have no effective mitiiis. b Ihis true,
or is it a libel ? My life on it, if the times de-
mand it, the genileraan will find the miiiiia
strong enonicb to put down that genilenMU and
his Essex Juoto- laciion. If they dare la rebel,
as they have worse ihan insinuated, the nailiiia of
his own Slate would be more tbau adequate to
all the purposes oC putting down so puny a
facii[>ii.

Bat, says the gentlemati. tbie only object of
this bill is to quiet the Legislatures of the seve-
rs! Stales, anil to influence the Spring electicas,
Id prevent resistance. This isnui the first time
that I have heard language on this' floor, which
in former limea would be deemed treasonable. It
ii treason, sir. There is no such oiotiTe. If this

because factious drmagaguea cannot be quieted
with office; and I have shown ihe impropriety
of giving it to them. I should have, no kind ai
objection, if (hingi were driven to that excess. 10
let them excite reheUion, and have them pUD-
ithed as traitors.

If ihere was no deception in this thing, the
gentleman ssys that the embargo would have
lieen limited. If a liraiiaiion were now to be
affixed to Ibe duration of the embargo, and the
member from Mamcboseils alone waa oot de-

.yGooglc

mSTORT OF CONOEESS.

IISO

JtnttABT, 1809.

Erired of the rift of ipreeh, no meaEOM would
t (ubslituted K>r the munteotnce of odi rights.
He would da; mnd night «ke out the time until it
was too late to subsiilute^ aajr meuure. The
ffeniteiDaa wants a pledge from this corrapted
Rouae and EiecutiTe, who B'Tow on« thing aad
nrna aoother, who nell their connlFjr to the
nsurper of Eorope ! What pledges can be rala-
-ibU from BDch a source T Sir, the pledge* of ihe
'cineerity and paeiSe diipositioh of the Adminis-
tration may be found in the pubtie documeuit.
If ihey are not sufficient to satisfy the gentle-
nan, the roice.of an aogel from Heaveo would
be of no avail. The ^nount of tbe geailecBin's
whole attempt was to prore that we were so baae
lad cotrapied as to be unworthy of credit. And
if the embar^ were limited now, he would tell
Ibe people tiiat we are ilill false to them ; that
we are afiVigbted by ''the light rising in the
East," which is so'soon "to break forth into tbe
most perfect day." The geolletnaa would ride
down that hobby-horse as he has rode down tbe

A day or two ago the gentleman remarked
that we were reduced to a situation lifnilar to
that of the turbanoed Turk orcross-kneed French-
man ; that we hare confided ibe power of regu-
lating coin mere e to the EzeeutiTe, and ten or
lirelTe Senators. Why did Dot Ibe gentleman
urge ibis wondrous argument Ji gainst tbe resolu-
tion thvt we could not submit to «he orders and
decrees V For if we hare no power to re^iit, it
would hare been a good argument a^insi de-
claring that we would not sabmii. But I fee]
cgDvinced that Ivheu tbe great ioterests of the
country require it, whilst we bare such men in
our eouaclu they will act ia concert, whether to
resist foreign aggressors or domestic iniurgenls.
What would a siranger say at bearing the debate
which has taken place on this question, if he had
not previous I y been apprized of the subject be-
fore you ? He could not hare supposed that tbe
House were diseossiog a proposition 'to meet at
an earlier day than that fixed by the Consiitu-
tion, but a resolution to impeach the Eiecutire
or a majority of tbe House. He oould not haTe

step by step. He rises, be tells you, In behalf of
this people. If be is tbe champion of the peo-
ple; if he ii to be the sentinel to sound tbe toc-
sin of alarmfrom th; Constitutional watcti-iower,
God help this people. He «^s silent as to the
Utter published the Other day by tbe British Qov-
ernment; this he might hare said, in the spirit
of Ibis proposition, is evidence of tbe propriety
of changing oor measures. An appeal bas been
made by the British Qorernment to tbe people of
tbis country. Need I say, sir, tbat no persons
had copies of this paper but our GovernmeDt,
tbe British Gorcrnment, our JUinisier there, and
tbeir Minister herel Our Ch>reramenl has not
caused the publication ; theirs must bare done
it. And the gentleman might hare said, inas-
much a* it was an aitempt to react the scenes of
Qenet, it was necessary that the Legislature

ibould be in session to counteract it. Sir, wfaat
been his language if M. Cbampagnr

had published

Would he bare been silent ii
air: my life on it, he would be
maintaif the rights and hoi
which are thus niaidiausly ai
tisb QoTernment. We oagbt
letter became public ; and if
whose age and ex per
sition ofihai kind, «
ask that the Eiecui

b a wayl
tbat case? No,
ibe first to .

mong It
r ofth.

liled by the Bri-

I know how this

'Ome gentleman

would justify a propo-

10 rise in his place and

should be requested to

the public

id, if through ibe British Ministry, re-
quest tbat their Minister should be sent oS, I
should Toie for it. Tbe gentleman Godi nothing
to blame in the conduct of Foreign nations, but,
like a viper, turns and wounds ihe viials of his
own country, satisfied if .he can only let loose
the torrent of defamation, daily ottered in this
House, contrary to every parltanientary rule,
against an Executive, whose acts ought lo have
Induced all his former enemies to say " be haa
disappointed our eipectalioos^and nroved himself
tbe supporter of that Dectaraiion of Independence
which was given to the world from Bis pen." I
pronounce it a cowardly abuse of the privilegci
of this House, of which I ihould never avail my-
self under any circumslancea whatever, lo covet
with its shield attacks on tbe honor of the Presi-
dent in every way unjustifiable. If tbe Presi-
dent bas been guilty of crimes let him be im-
peached, not accused, tried, and condemned by
the same individual in the same breath. What
would be said, and ! beg tbe attention of the
House to the similarity of the cases, if Ihe Sen-
ale should be charged with such baseness by any
member of the House. The Speaker would pnt
him down. And what would be said if tbe Pre^
ideni were to avail himself of tbe opportunity
afforded by the press or his oSiftial messages lo
promulgate an attack on this House, accusing it of
duplicity and suliHrviency to the views of a for-
eign Gkiveromentt One universal display of
I'ndignaiion would manifest the feelings of the
House; every member of it would rise at ooee
to address you on the subject. And is tbe Exec-
utive on all occasions to be accused of the crime—
a crime which would elernally disgrace any
man — of being false to tbe people who have con- <
fided in him 7 This course is not less disgrace-
ful or unparliamentary, thaa if we were to ac-
cuse the other House of similar conduct ; and it
is high lime that a stop should be put to it.

But tbe gentleman said, sir, tbat be did not
mean to charge tbe Executive with moral turpi-
tude, but with political imposture. Is this the
morality of the gentleman ? Treason against
the people is no crime! Such a doctrine, sir, is
base and detesiBble. Does the geoiieman act on
this logic? Has he made it tbe basis on whicii
(be superstructure of his arguments is erectedt
Pardon me, sir^ when I say that I fear he has.
The highest crime in this nstioB is treason. Tbe
Constitution sajrs it shall consist only in levying
war, and adhering to our enemies. And ereft

.yGoogIc

1131

fflSTORT OF CONGRESS.

H. orB

J^lTOAKT, 1809.

„W.

ihii is bot & political crime, Wbii i
crime of AaroD BurrT He did not put i
to death I he only attempled lo lurn the
bU deluded roUoweri agtinit the Qoverni
his cDUBtry ; bisobieeia were political n
And (hit we are lold is Dot an immora] aA. Are
tbeM ihe iteady habits of New EngUndl I hope
not. Bul.lheircDtleiiiaii say* be ihould be false
lo ibe people if be did not bold up bis voice. In
what doet faUehood lo the people conaistT Is it
not in uttering false accusatioDS and false ehar-
getl Id the days of flome. Caliliae stood forth
avowedly the champioD of ide people. He some-
times aped ibe virtues and morality of Caio,
■od then played Caiilioe; for io all ages a d af-
fected passion for the rights of the people has
hteo the pretext for commilliDg the most abom-
inable crimes.

The Freaidenl has been accused on ihii floor of
falsehood, also. I ao Dot recollect whether it was
in the gentleman's calaloFue of "political decep-
tion" of yesterday. Id tbe message at the close
of the late session the Preaideol cays : " The pa-
' peri which 1 lay before you embrace all the
* commuDicatiolls writteo and verbal from the
< French Government, respecting the general re
' lalions betweeQ Ibe (wo countries, which havi
' been transmitted tbiough our Minister there, oi
' through any other accredited channel since ih(
' last session of Cougress." Notwithstanding this
solemn asseveration tbai tbe papers then cona-
DiDDicaied contained all the infoimation be had
leceired, gentlemen say that the President bas
asserted a falsehood j that a letter of December
the first bad been received, and justify the charge
on a supposition arising from dates merely. Wby,
sir, it is no secret that this letter was delivered
bv the Minister to Mr. Patterson, and by him to
Mr. Riltenhouse, at Amsterdam, and that gi
lleman did not reach this country uotil May,
that its receipt was subsequent to the adjou
ment of Congreia. But if Mr. Armstrong wen
. swear to lbi>, and Mr. Riltenbouse, the Secre-
tary of State, and bis cbief clerk to affirm it
gentlemen would say it was all falsehood still
after daring to dispute the solemn assertion oi
the President, tbey would say it was merely i
tale conjured up to meet circumstances. Thii
letter, notwithstanding all the noise, gives do
new light, adds no new information.

But, sir, we have been told that the President
and Government have acted with duplicity; that
they have connived at ibe idea of joining France
in opposition to England; and a paragraph in
the letter of Mr. Armstrong to Mr. Cbampagity,
urging the rescinding of her edicts, is seized as
proof, strong as holy writ, that Ihe President has
arranged a plan for uniting us with France. If
tbe optics ofibe gentleman who made this asser-
tion were as keen on one side as the otbei, if he
were not as blind as the kittens alluded to by
his friend from Massachusetts, be would find pre-
cisely tbe same language used in the communi-
cations Id England. The same arguments were
addressed lo the understandings
both.

Upon the whole, sir, I must conclude tbat the
observations of thegenlleman ftomMassacbusetts
(Mr. anrNCv) were made for the purpose of
alarming, distracting, and dividing this nation, of
upiooiiog everything like social happiness- I
vill not suffer the mantle of charity looger to
lOver such men, the veil of deception should be
lierced and torn off. tbat tbey may stand naked
lefore this people covered only with dixgrace —
not shame. No, sir, I have no such hope. Tbe
African visage was never suffused with a blush.
There can be no blushes on the cbeeks of tliose
who commit the unworthy act of uttering dia-
honorsble, false chBrges,andproteclingihnnKelves
under the privileges of this House. Neither

tjiere hone of reformaiion. Nero never repented.

:lody of music produced by the bow which.

igs of. his fine toned

icfody of music produced by the bow which
iw across the strings or. his fine toned
initruinpnt, was nst half so harmonious to- his
ears as the crackling fires of Rome, the crash of
its falling towers, tbe cries of its women and chil-
dren, and the universal ruin of his country.
There have beenmoreNerocs than one. The ex-
ample of Rome is not sinste. And while all good
men are striving to heal, the wounds of partT,
and unite this country at a time when the whole
world is in hostility against it, in comjwrisoik
with whom onr populatioo and resources are
noihingj except as they depend on tbe virtue and
spirit of the men yet surviving, and the sons of
those who bavedepeited,whoaided in theachieve-
ment of the independence of this nation, wbtls
all their efforts are. directed day and nigfat to re-
lieve their suffering country, the midnight lanop
sheds its pale light on the black 'composiiiens of
a few restless spirits, who strive to distract the
Eastern people. Is this the patriotism which the
gentleman professes T I presume, tbat, kfier tbe
rage of party bas subsided, the people will dis-
cover tbe imposture and chastise the impostors.
This is tbe time to forget party feeirngs ; and jet
gentlemen, resort to every petty circumstance,
and because it authoriaed an inference in opposi-
tion to direct facts, endeavor to eacite them — they
would tunqble the Executive from the height
which be properly occupies into the dnsi, doint
to a level with themselves. It is time not onlr
to forget party feelings, but to c^ase treason-
able opposition. Andasto those who pursue tbe
course which I have described, wbeiner ont of
this House or in it, I'would say to the AmericBn
people, in a voice which could bebeardinevery cor-
ner of tbe congregated assembly : Risk not your
peace or safety tor them — ihey are enemies of
your peace — they have conspired ayainst roar
safety — cast tbem from yoti — hoete* hwtuuix ge-
nerii—iei the mark of infamy be stamped upon
their foreheads, so that all who see them may ez-

Tbe question was now taken on Ibe motion of
Mr. D. R. 'WiLLUMS to strike out Ihe word*
"fourth Monday in May," and lost.

Mr. Bacon said, tbat on a former day he had
felt himself called upon to make some remarks its
reply lo his colleague, who addressed the House
ycBietday. The task was not iben a pieasanioDe.

.yGoogIc

HISTORY OP CONGRESS.

11S4

Jamoabt, 1809.

Extra Setnon.

H. I

In hU snbsetiaent remarks a few days ibce, the
gentleman ti>oli^ occasion to tell me. Terjr courte-
ously, ibat I bad becD barking at bis heeU, and
that be would aol pursue lay course. Though
these sort of persoaHl collisions are eitremely dis-
agreeable, f el his obiervations will not deler me
from followiag tiiat course, which my duty may
d iciate. A* RepreKDlalirei from ihe «ame State,
I have tiDce eudeayored to avoid all needless cal-
lisioDt, wiib a geDilemaa Ktandiug in such a rela-
tion wUh myielf, and should oot again have
placed myself in opposition to him, but for the ex-
traordinary remarbs which fell from him yester-
day, to which, sir, I consider it my duty, however
painful, to address some observations to you la re-
ply. It was ibe temper of his remarks, their ten-
dency if not iheir design, (he peculiar time, and
the temper of the people in one saction of the
TJnioD, tbai impressed my mind with peculiar re-
gret at the ground which he thought proper ta as-
sume. As to the temper of bis remarks, I need
not exhibit it an; farther to the House, it has
been suScientlv noticed ; as to their tendency it
cannot be mistaKea ; there is something, honrever,
TDOTe particularly striking as to the time. What
are the circnmstanees under which they were of-
fered 1 What are the circumstances in which
this House has founditself for some time past 7

Sir, for some days we have bad a general as-
pect of union in the House — a considerable har-
mony of parlies. A number of questions bare
been taken lhat,sa*ored very liille of parly feel-
iftgs, and the political atmoapbete bad subsided
into a state of mucb apparent tranquillity, until
agitated by tbe thundef'of the gentleman. Was
not this a desirable prospect 1 I confess, for one,
sir, that 1 have seldom found an occasion on which
I more congratulated myself j hot, it would seem
aa though my colleague feared that this state of
things might conduct us and tbe nation to same
bappy result. Did he, therefore, think it neces-
sary (haiafirebrand^bould be tbrown on this floor,
to excite agitation in the House, and alarm, divi-
sion, and di:<coTd, among the people? I hope the
gentleman had no such intentioa; but that such
was the tendency of his remarks, no one can difiei
friih me in believing. As to the time and occa-
sion which he chose, it ia well known, as the gea-
llemau observed, that tbe Legtslaiurt!! of many ol
the States are about to aasemble. Yes, sir, 'they
are ; and amongst otbeis. that of the State which
the gentlqniaQ and myself have the hpnor to rep-
resenl, about the time that the speech of my boo-
orable colleague will arrive ibeie. The lempei
of that portion of the Union is already sufficiently
excited. That they have already manifested strong
symptoms of disaSVction — that they have hereii
fore given intimations of violent measures — cai
not be CO DC Sided. Did tbe gentleman fear that
they wouldnol be sufGeienily agitated— that ibey
would not at once be ripe for the most desperal'
measures? Did he fear, that, nnless he added
httle fuel to tbe flame, it would not burst out wit
sufficient fnry to produce bis favorite crisis 1 Did
he fear that ibis portentous crisis, of which be
spoke in an oracular tone, would not arrive with

i£cient celerity? I call it his favorite crisis,
because one of his nrgumenls in opposition to the
bill, was, that he feared it was calculated to allay
the passiooi of (be people, and defeat the arrival
of this crisis. Am I, therefore, incorrect in sup-
posing that he hails the prospect of it as a desira-
n1 Certainly I think (hat tbe conclusion
be mistaken. What was to be the precise
nature of this crisis, my colleague did not exactly
explain to us. I know not, distinctly, by what
means i( is to be produced, or what are its ulti-
mate objects. For one, sir, I deprecate it: it will
probably be a crisis of disuoion. I dread it, and
will use all m^aas in my power to prevent it. I '
will do everything to satisfy those mistaken men
who maybe seduced to engage in 'it, that they are
embarking in a cause of peril. Did I not do all
in ihy power to avert it, I should not hold myself
blaii>£lesE; but after doing this, I will do no more.
Let it come wnen it will, or lei consequences be
what they may, I will not betray the trust reposed
in me, as the BepreseniatiTe of a brave and inde-
pendent people, by sacrificing ibe rights and inter-
esls of a great nation to Ibe clamors of faction, or
thefuryofamiiguided.few. Thegenileman told
Us, some days ago, that be was born a free man,
and would die so, or perish in the attempt. Sir,
I was born as free, though perhaps not so high, as
thai geniteman. I represent a people as free as
tbecocsiituentsoftbatgentleman,and who, though
not perhaps "fed as well," can endure not only
"tbe Winter's cold," but can meet tempests, storms,
and commotions, as ugdauntedly as ihey. This
is a state of things which they will be tbe Iftst lo
provoke; but, let il come when it may, they will
not turn their backs to it. Lei not (he geDileman
talk or tbink too ligb liy of it ; whenever it comes,
it will be DO common crisis. . Who will flrst be
buried in the ruins of suph a day, no man can pre-
dict. I again warn the gentleman, by tbe deep
pledges which ha balds in (be integrity and peaca
of this Union, not wantonly to provoke its disso-
lution. He ought to consider that those who pro*
mote it may, in all probability, be iheflrst to suffer
in tbe general wreck of the times. He spoke to
you of tbe men who, upon the ruias of apolitical .
convulsion, would not assume th« reinsot power ;
that it would not be the Federalists of the pres-
ent day, nor would it be tbe present political ms-
ity, the transition in sucb cases being always .
im bad to worse; that tbe Condareets and Biis-
sotts were always followed by the Dantons and
Robespierres, No, sir, I agree wiib my colleague,
thai, upon the consummation of such a crisis,
Federalism cannot expect to gaiiit ihe destinies
of this country- There is anoiner illustrious ex-
ample, in the bioody annals of the Revolution to
which he alluded, from which he would do well
lo derive a lesson of warDioeand instruction. Tbe
celebrated, (be notorious Philip d'Bgaliifi, ct-dc-
varU Duke of Orleans, bad, like the gentleman, a
deep slake io tbe common interests of his coun-
try, and in its tranquillity. Hewasa man of noble
extraction and commanding rank, but, envving
tbe higher fortunes of the monarch, and wishing
lo be greater than ihe Tbroae, be became an ae- .

from bad

.yGoogIc

1136

BISTORT OF CONGRESS.

1136

H.orR.

Extra Semon.

Jandabt, 180S.

complice with thoie who overiiirD«d the Thi
it*eIf,&Dd was, wiibhiironunn, buried in item
No, air, upon the rains of a digjoinied Confeder-
mcf , a ftr different set of inen than (he commoQ
FederaliiU of tbii day will preiide o?er the de«-
lioiet of tbn nalioa. Whaterer ahare Federflt-
fammajr haTshad in p/oduciDgChiaiiale of things,
or however sbr laajr havo contributed her aid
to it, she will be remembered by her maateri onljr
to ba disgraced and despised. The most that she
can aspire lo Will be a hope that front her higher
racks may be selected tbe Viceroy lo govern hii
eouBtry— in the name of a Viceroy o»er him on
tbe other side of the Ailintic. She eao, al beat,
Aspire to nothing higher than becoming tbe tool
Bad minion of a foreign despot. It is impossible
it shoold be olberwiae. It will be utterly out of
tbe power of any domestic usurper, witboal for-
ciga aid, to wield the sceptre which grows out of
ft ftate of civil discord and eummotion, brought
■bout through the agency of a foreign Power, It
would be struck from his hands by the indignant
arm of an incensed people faster than he could
recover it. The gentleman's address bad, lo me,
ft meaning most solemn and portenions, taken in
counezion with the tines ana circumstance un-
der which it was delivered. Bui, what are the
mighty means by which ibis crisis is to he pro-
daced, and what is the powerful lever by which
raised? Theold,8tale

topic of a perpetual embargo 1 Like the „
man from Virginia, I nauseate the subject. The
idea of a permanent embargo is worn out, and I
thought had'by this time been discarded from the
mind of everf man, both in this House and tn the
nation. I am not about to enter upon a wire-
drawn argument to show, either froin the partic-
ular terms of the taw or the general construction
oflangoage, whether it is so or not. Thes^ views
have been long since exhausted. What, then, are
tbe new arguments, never before produced, which
are now offered by the Kentleman. to prove that
auch must have beea the original policy of the
law 1 It is, that it vras recommended bf the Ex-
ecutive as a precautionary measure, while it wat
aupported by some Diembers on this floor as a
coercive one.

On this point let me bring to the notice of the
gentleman tbe temporary embargo of 1794, re-
' commended, as I have alwavs understood, by
Oeneral Washington, and held out to foreign
nations as a mere measure of precaution, to secure
our vessels and our tnercbandise from belligerent
aggressions and ptonder. But how was it sup-
ported in this Hoi^el ,It was supported as the
present law has also sometimes been, as a msas-
ute of coercive policy. We have but few of the
debates which took place on the former occasion,
to revert to, but 1 have in my baod the speech of
■ gentleman of distinguished talents, and a pre-
decessor, of mine, who then had a seat in this
Ho ase, giving his views of that measure. [Mr.
Baoon bere read tlie following paragraph from
tbe speech of Mr. SBDowtcK, on bis introducing
a resolution etnpoweriog the President to lay aa
ambatgo on the ISib day of March, ITM: j

"Thereasons on which this idea of aaembai^
' weie founded, are thai Great Briiain cannot aup-
' ply her West Indies, except from the United
' Slates. If this is in any degree true in peaceable
' times, how much more forcibly must ii operate
' now I Thry have a constderahie military force
' there to feed; ip truth, without supplies from ihia
' eounirr, ifaey must inevitably sbandou a project,
* with them a favorite one, the conquest of tbe
' French West Indies. In Ihis tilualion of affain
' he believed it would be fuund proper to put into
' the hands of the President a power to lay this
' embargo, and in a moment to prevent all Hip-
' plies going to the Wast Indies."

The sentiments, continued Mr. B., here ad-
vaitced, prove thai the idea of an embargo in this
couktry being considered as a measure of coercive

Elicy in respect to foreign nations, to Oreai
itain in particulai^ is not a novel one — that it
is DO fanciful notion of the present day, bat owes
its origin to the politicians of the old school. I
have introduced inem, however, more pariicularly
to shoirf that -the auspices under which this mea-
sure of embargo was introduced and recommended
to the naiiofl, and the views with which it was
supported, were the same luKy as in 17M — that
ihey were both precautionary and coercive; and
will the gentleman say that President Wasbiog-
toa or the Cpngress of 179^ were, as he asserts
we are, instrumental in deceiving tbe nation T
and yet his argument will equally apfdy to both

But tbe- genilemao affects to eonaider our ne-
glect in providing general efficient means of hoo-
iility,as a certain indication that we have no idea
of interposing any other meaaurei of resistance
to tbe violatioDS of our rights than the embargo,
and says that we have not even sufficient spirit
to fit out our little navy. Od this head 1 can
answer only fhr one, and ckn say with troth, ibat
Ihave been ready, at feast to an equal extent
with my colleague, to lend mysupport to every
measure either of defence or offence which, has
been proposed to us. As M the navy, every one
knows that it has not been anything like a party
quesiioQ, and that theiwo principal parties which
usually appear in Ihis House have been nearly
equally divided upon it. Tbe fact is, that the
apparfnt tardiness of Mir proeeediog on this point
has been occasiotied more by a difference of opin-
ion as to what wire the most appropriate means
of national defence, than by any duubt.wfaelher
the essential rights of the nation should be deei-
drd in that mode which should ultimately be
thought lo be upon the whole the mogt tapedient
and efficient. Another consideration basundoubt-
ediy bad its influence in deterring ihe Govern-
meat from launching into thosa extensive mea>-
ares of hostile preparation which have perhaps
been loo loog delayed. There can be no qneslioo
ibat the most ardent desire of the GoTcrnment
has been for the preservaiioa of peace, if it could
in any consistency with the national rights and
honor be preserved ; and in proportion as this de-
sire has been ardent, no doubt we have fiaiiered
onreelvas with the expeclalion that it might yet

.yGoogIc

1137

HISTORY OF CONORBSS.

1188

Jahitaby, 1809.

Extra iSmhor.

H.C

b« pmerved. Perhaps (bra reli&nee has alreadf
be«'D cherished too long — and as the siorm Ihick'
eos around an, pod ihe polilical harizon aasomes
a more threatening aEpeci, we are now progress-
JDft more rapidly ia the preparBiioai for a system
different fram that which has ualll this timE been
putiued, and in this work we may rety properly
call upon grallemeo of all political parlies to
Doile their efforts, and coDCritiuie whatever ibey
can to ihe defence of their country. It is said
ib«t tbe army which was provided for at our last
aesiion has been orgsnixed upon party prineiplei,
and officered 'generally from one political sect,
and that auch dn army cannot be intended for
'defence against foreign aggreisions, but must be
solely for domeciie purposes.. As to the fact
which the eentleman mentions,! know noihiag
about it. Foi myself, I can truly My. (hat on the
subject of appoiQimeot to office generally in a
Oovernmenl like ours, my ffeDernl opinion!' hare
liereiorore bten mure liberal than woald prohably
be esteemed orthodox by slmoil eny political
partf io ibis country, certainly much more so
than was practised npon by tbe political friends
of my colleague whenihey presided in our public
eounetl*. As there are certainly a great number
of men who differ from the preaent majority in
tbetr political seDtiments, upon whom I coold
place the utmost' reliance if called to defend ibeir
country, I would never consent that the single
sin of Federalism should be deemed sufficient to
exclude ihem from all participation in either civil
or tnilicary offices. But if the gentleman in one
part of bis speech yesterday iniended (o give us
a sftiDple of those men in whose behalf he com-
plained, on account of their exclusion from mili-
tary eommandi, it is oertainly no subject of my
reg'ret that such exclnsion has been thought pro-
per by the bead of that department. Sir, was it
a patriolic effort on -the part of the eentleman to
endeavor in that public manner to chill the spirit
of the nation, and to discourage them from the
assertion of tneir just fights, by disparaging our
resources, under valuing 'our means of annoyance
lo oor enemies, and proclaiming, in tbe face of
the world, our vulnerable paints and most de-
fenceless positions; and at the same time magni-
fying the power of a foreign nation, and declar'
ing that she held against us those pledges for our
good behaviour which we could not put at risk
without the most imminent'iiezard and destruc-
tion lo ourselves 1 Sir, when I beard the ^entle-
loan avowing Id the world sentiments of this sort,
mv heart sunk within me, especially when I saw
fall in uia eye a piotigC of the Minister of his
Britannic Majesty, rioting no doubt upon the
charms of his eloquence, and receiving it with
those kind of sensuions so natural to the human
heart, when the pride of the country to whose
fortunes we are attached in the subject of enlogy.
I trust that these are not the national feelings or
.3 of the great body of those with w1

be relied upon to lead our armies to the field of
battle — and those woald be but poor defenders of

their country Who declared at the outset that it
was utterly meapable of defence.

We are pressed by the gentleman to answer,
why, if we hare any inteAtion of defending our
rights by any other means ihaa the embargo, we
do not now give a pledge to the nation of our in-
tention to abandon it at some limited period, and
resort to some other syatem if justice is not pre-
viously done a*. This is perhaps a treasonable
question, and 1 feel for my part no hesitation in
answering it. It is probably recdiected that I
had sometime since declared lo the House an
opinion that in the present -circumstances of the
country it was the duty of the Oovernmest to fix
upon a definite period, beyond which an adber<
ence to our present position should nut be main-
tained, and with that view I moved at that time
that the resolution for repealing the embargo
laws, which had been moved in the early pan of
the sesftioD by a gentleman from Vermont, should
be referred to the Committee of the Whole, who
bad under consLderatiou tbeaubjec.t of a non-in*
tercDUTseVilb Great Britain and France, with a
view that it might be considered in connexion
with that or some other measure as a lobslitute
upon its removal. In that motion, however, I
met with but little encouragement on any side'of
the House. It would perhaps be desirable that
the proposition for limiting the coDtinuaoce of
our present system should come from some other
quartet — but if it should not, I shall feelno besita-
lioa in offering it at an early day, and [)lacingtlie
time of it at no very distant period. If there wer«
no other considerations in favor of sneh a meas-
ure, it is perhaps due to the feelings of that por-
tion of our citizens who by such addresses to their
pasaionsand their prejudices Biweyesierday heard
from tny colleague have been induced to believe
ihat this was a system of perpetual eiclusioa
from tbe ocean, and a permanent abandonment
of commercial enterprise; and who, acting under
that palpable delusion, ma^, by the artifices of
desperate partisans and designing leaders, be led
into acts of insubordiaalion. involved in crimes,
which, under the influence of correct infortnatioti,
they would deprecate and shudder at. Though
it ii more especially the province of my col-
league to consider seriously upon whose bead the
bloodof inch of our fellow-citizens may in a good
measure rest, yet I feel it a duty to do what
lies in my power to jindeceive tbem. In tbe fur-
therance of this desirable object, I bave reason to
believe that a large majority of the House will
unite, and having done this I will consent to-do
no more. Let the crisis talked of by the. gen-
tleman come when It will, it is our duty to meet
it : let its conseqnenoes rest upon those by whose
misrepresentations and instigations i> has been
promoted and e neon raged.

Mr. Qni(«c7. — Mr. Speaker, I feel myself ne-
cessitated to make a very few remarks, m cons»-
Juence of the observations whiah have fallen
-om various geattemen. Certainly, sir, I did ex-
pect that the course of my former argument would
expose me to some animadversion. In great aud
critical periods of aociely, sncb as is the preteni,

.yGoogIc

11S9

HISTORY OF CONGRBSa

1140

H. OP R.

Extra Seuion.

Jandahy, 1809.

nothiDg else can be aniicipaied. la perfuiming

the duly which my tttaiion, in my tpprrheaiiua,
made incumbeDt, my Srst «aDcerD wa« to latiafy
myieir that the groand I was about to occupy
WIS solid. Whether i( would provoke asperity
ia leply was a secondary coosideration io com-
parifon with the inquiry, wijaiher it would bear
the icrutidizing eye of (he mass of my fellow-
ciiiaeD*, paiticutarly ol men of lefleciian, judg-
ment, ana informatioti; ofibat class of men whicQ
always, in a country like this, will sooner or later
take the guidatice of public opiainn. Having sat-
isfied myielf thai ine priocipal grouud □? my
argument was solid, m^ neit care was to mark it
out so disiinctly that it could ooi be mistaken.
Yet those who have undertaken to reply to me,

my colleague (Mr. Bauoh) perhaps ezcep)
hate scarcely nwlced the general beariog oi
argDmenl, and hare coDieoted Ibemsel'

inveighiDg against what, as tbey suggesl, are my
roolires, or ia refuting remarks merely incideu-
tal, and illustrative or my leading proposiiious.
Thus the geullkman frooi Virgioia (Mr.'Eppsa)
haauaderlakea to deny that all the motives which
I tecapilnlated were operative in paasiog the em-
bargo, and, as an evidence of this, to assert that
some of iheni were never urged at the time of
paaaing that lar, a> rensons for its adopiion. Sir,
I took occasion, in the course of my first argu-
ment, expressly to declare, that in the enumera-
tion of motives I was making, i( was not my pur-
pose to call those motives in question, nor yet to
confine myeelf lo those wliich were ezpresety
urged in debate, but la ^roup all, which (here was
any reason to believe did eris(, together, so as to
make the coaalusion more striking and satisfac-
torr, that ihey did not include (hose which, I
unaertook to show, were the cauaesol (he recom-
mendation of that measure by Adminis(ra(ion.
The bearing of my argument, to which this re-
capitulation of motives was only subsidiary, was
to show (hat embereo, wiih intention to coerce
Great Britain, to adhere (o it uolil it a([aiQed its
purpose, and (o do nothing eUe effectual, were
no( (he motives of (his House. This was (he
first branch of my argument. My second, and
principal, was to »how that those were the mo-
tives of Administration. In executing this last
part of my (ask, I stated itkat it wia my perfect
convicdoo, that such motives did prevail wi(b
the AdministrB(i'an. But I .did Dot rest satia&ed
with mer« assertion. I stated the grounds of my
conviction. I dttw my conclusions concerning
the motives of public men from (be undeniable
course of their public acts. Whether the arg
meats then urged were sufficient to justify sm
a conviction, is aquestion referred to the decitii
of my fellow-ciiizens. From that tribunal I
shall not shrink, and before it I am not afraid to
meet any or all my political opponents. To these
arguments, certainly neither personal, nor in an^y
respect unparliflmenlary, what has been (he re-
ply? Why, sir, "false"— ■■malicious"— "defara-
story" — "cowardly, base detraction"-^" dastardly
act"— "old (ory" — "friend to Oreei Briiaio" —
"Nero"—'-' Essex Junto," and such like. Really,

Mr. Speaker, I have no means of reply to such
arguments as the.ie. Absolutely, through defect
of my education, 1 can make no answer lo them.
I never studied in (he school of the scavenger;
I never took out degrees a( (he oyster bench; I
never sat down at the feet of &sh-women, as
though (hey were so many she-Oamaliels, for the
purpose of leaching my gall (o-flow through (he
channels of their Boisterous Billingsgate. The
gentlemen who resort to such weapons have all
(ha advantage of me. If they (biok (ha( (beir
cause or (heir argument gain any[hing by the use
o( such opprobrious espressions, they have perfect
liberty to adopt them. 1 have one consolation,
hat, so far as respects this House, what I urged,
ind what (hey replied, have both been in its pres-
ence, and I fear not to stand a comparison wiili
them, as i( respects either matter or manner, id
the judgment even of their friends. I have an-
other consolation, that my argument and their
answers trill each be preseniel, I trust fairlv, to
(be scrutiny of our feilowcitizens. Before litem
we shall all be appreciated, sooner or later,for what
intellectually and morally we ate worth. For
myself, I wish never to be appreciated above mjr
true estimate, and I fear not, that I shall, for any-
great length of (ime, »tand below it. Wiih re-
spect to tne Administration, sir, I ia(ima(ed no
motive wi(hout staling the facts out of which taj
conclusions grew. Bevond the limit of these
facis,Bnd the eiteiit of tnose conclusions, I pressed
none of my observations. A) far as ibis, 1 had
not only a right, but it was my duty (o advance.
If gentlemen expect to prevent investigations of
public men and public measures, conducted oo
such principles, by personal invecdves, (he nature -
and (endeney of which are too obvious to be 'mis-
undersiood. so far as reapecls myself individually,
ihey have mistaken (heir Weapons and (heir an-
tagonist. It is a choice satisfaction of my mind,
that i( is not in (be power of any individual, how-
ever malignant, (should such a character ever
appear on thix fioot,) long to injure the reputation
of any one'whose private or public life does not
co-operate with their malevolent intentions : and .
I assure the gentleman from Virginia, (Mr. Jack-
BON,) and every gentleman who has spoken, that
I shall never be a half-worker with them, proba-
bly in anything, but certainly not in the attempt
TO injure my own character. The sting of satire
is in (be truth of remark. The keenness of as-
perity.is in (he justness of the application. Where
these fail, the sped arrow cuts ihe air harmless.

I[ is not my intention long to detain i)ie House
in the remarks I have to offer. Towards those
who have attempted to treat me with personal
severi(y, I feel no passion. If iheir cause need
such auxiliaries, I can only pity them, and re-

t' lice that such a cause is not mine. My booora-
le colleague, (Mr. Bacon,] in commenting upon
my remarks concerning the disposition of this
House 10 go to war, was pleased to represent me
as disparaging (he resources-of my country, and
as speaking as if we could nol maintain a contest
with France or Qceai Britain ; or, if occatiou
called, with both of (hem together. Cer(ainly,

.yGoogIc

HISTORY OF COKGRESS.

1142

Jardart, 1809.

H. QP R.

•neb, was neilher mj inieoiian nor the leDdency
of nij remarks. I was speaking- of the dispotii-
tioD of the majority of tbis House, as evideiiced
by their languaee and pre para I ions, and not at
all coneerDiae [fie resources of this country when
effieieorly calTed into accioo. It appeared to me,
from all the obserTatious 1 coald make, aod so
appearing, I thought it was my duty to state it to
the people, that all tbe c.lamof about war. so osteo-
latioasl; madt upon tbis floor, was Dothiug: else
than a mean used to induce the mass of our fd-
low-citizeus, ihfoiigh dread of (hfa horrors of war,
to endnre still longer tbfl embargo; that a contio-
uance of tbis measure was tbe unalterable deter-
mioaiion of AdmiDJstraiion, and that all the ap-
pticatiou of > our lesoarces, and all the apparent
prepCtalion was direcled'eitber to cover la^t de-
terroinatioD, or to fortify that measure. This was
the leadibg postiiou which I took, and attempted
to mainiaio. When I hear men talk about eojng;
to war with three mtlKoDa of dollars ia the Treas-
tjjy— [Mr. Q. W. Campbell said there Were six-
teen millions io the Treasury.] Yes, sir, there
are sixteen mlllioDsiD the Treasury, and the Sec-
retary of the Treacary tells you, that thirteen
millioni out of these sixteen, are already pledged,
for the expenses of the year, for tbe appropria-
tioDs already made, and far the usual annual esti-
mates. Now, if a man, at the beeinaiog of a
year, has sizteen millions in bis pocket, and has
already undertaken to pay, in the course of it,
thirteen inilliDD|L I do huoibty conceive that be
lias but three millions upon which he ciio rely to
meet any extraordinary expenditure. Indeed this
is the express declaration of the Secretary of the
Treasury, who tells us in so many words, that
tbereis "a surplus only of three millions of dol-
lars for defraying all the expenses incident to a
state of actual war, or of preparations for war."
Now, when I see only these ihr^e millions effect-
ive, in your Treawry, all your revenue from com-
merce gone, no preparqlioas for loans, so plan
derised, or pret^ded to be 'in train, to obtain new
sources of revefiue, how is it possible that I can
believe that it is in the contemplation of this
House to plunge into warl I cannot believe it,
boy refrain from slating tbis impression to tbe
people, that all this clamor about war is a pre-
tence, under which, and under tbe fears which
ynx iiaiurally excites, to rivet this destructive
embargo npon tbe couuiry. How is it possible
to read the annual report of the Secretary of the
Treasury and not inevitably reach that conclu-
aion'? In his annual report that officer tells us
expressly, that -'if, however, the embargo and
' non-iniercoursu are to have eqtial continijance

* with tbe belligerent edicts, indefinite as that is;
' if it be determiaed to rely eiclusively on that
' measure, and, at all events, not to risk a war on

* acoonntofthoseaggressioDs. preparations for war
' will become .useless, and toe extraordinary ex

' penses need not be incurred. In that case, thi
' expenditure for the year 1809 ought not to ex
'ceed the sum of thirteen millions of dollars
' which, as has been stated, is requisite for thi
' snpport of the present establish menL" And

again : "It is certainly only with a view to war.

' eitlier immediate or coDiempIaied, that it will
became necessary to resort, at least to any con-
siderable extent, to exttaordioary sources of sup-
ply." Now, sir, when a most influential officer

of this Govf^rnment, no less than tbe bead of the
snry, expressly tells' us as he does, thai

toai

St un-

ascertained, must be resorted to;"
tells us, that " if non-ioiercourse and embargo are
' 10 have an indefinite conliiiusnce, it wilt not
become necessary to resort, at least to any con-
siderable extent, to extraordinary sources of sap-
j)ly ; such resort being only necessary in case of
war, immediate, or contemplated-;" and when
this House do not provide anv new resources,
either of loans or revenues; wnen it leaves the
Treasury in that state in which the Secretary
tells us it may be lefi, in case indefinite non-'-
intercourse and embargo are resoWed upon, and
precisely in that stale io which the same Secre-
tary tellf us it must not be left, in case war be
tbe determination; how is it possible that any
other conclusion can be imagioed than ibis, thai
war is not, but that ao indefinite embargo is, con-
templated 1 Sir, these are copclnsions concern-
iog; intentions Ttoxa public documents compared
with public conduct. If gentlemen choose to fly
into a passion on every such exposition, all I cao
say is, that I shall not follow their example, nor
be deterred by their eihibitioti of wounded feel-
ings, from performing an official duty. An at-
tempt has been made to pervert an observation of
mine so as to imply a doubt of the courage of Ibe
officers appointed to the new Army. Nothing
could be more unfoonded than such an attempt.
Concerniog few of those appoiotments do I know
anything; and of those few officers with whom
I nave personal acquaintance, there are some in
the propriety of whoaa appointment I certainly
concur. The only tendency of my, argument was
to show^that a parly army, whose officers were
exclusively taken from a prevailing sect, was not
likely to produce that union to which gentlemen
so anxiously invited. If a foreign war was seri-
ously eontemphted, tbe necessity of an union
ainong all ^rties, would ioduca naturally, as I
thought, a diSereDt course of conduct. Such a
course as, by practically removing party distinc-
tions, would unite at! in that common confidence
which is [be ontjr assorance of streogth and vigor
in hostile operations. When I fou^ the princi-
ple of party exclusion adopted as the rule of ap-
pointments, the conclusion 1 drew from the fact
was, that the Army was destined ooly to eSeci
party purposes, and not at all to meet a com'mon
enemy — tor, with all the prejudices which exist
against 'Federal men, as they are called, there is
no need of argument to convince even the ma-
jority of this House that they are, in general.
men, who, when their coontry is in danger, will
be found and will be trusted, in tbe front ranks of

The gentleman from Tirginia (Mr. Jackbon)
asked irl intended to represent this House as the
dupe of the Executive. Certainly 1 drew no cdd-

.rCoOglc

1143

HISTORT OP CONGRESS.

1144

R. or R.

Extra

jAjniAKT, 1809.

ciDaion of that kiad. But, sir, with respect t«
thi) House, I confcM I kaow doc how to expreu
my opiaioD. To my mind, it u a political noD-
d««cript. It acls,ind reaBOai,aod Totea,and per-
forms all the operalioDs of aD aaimiled beiae,
and yet, judging from toy own perceplioDs, i
cannot refraiD frDin conclailing that all great
political queationi are settled lomewhera else
other iban on ilm floor, [The Speaker retoatk-
ed, that it was wholly improper to make reflec-
tioDS on the House.] If the Speaker means that

I bare ao[ ■ tight to state facta, sod leave the
people (0 mnke reflections upon them, I must ap-
peal from his decisioD. [The SpEAiBHsaid that

II was not within iha rules ufParliameoiary prO'
ceediog to permit a geollemaii on tbe floor to
accuse the House of improper motives.] I am
aayiag ooibing about moiives. Id reply to &

Snileman, who asks how I intended to represent
t House, I am only about to describe what I
know eoncttniog it, and to show how I arrived
at the conclusion, that great political quesiions
were settled somewherD dse, other than on this
floor; The fad to which I allude happeaed on
tbe day when the eaforcing embargo law passed.
Od that day, before the House wa* called Idio
■ Committee of itie Whole upon the bill, I was
JDfornied that it bad been resolved aomewbere, I
kauw Dot where, nor by whom, that tbe House
•hould be called io to Committee of the Whole im-
mediately upon that bill — tbai it was to be passed
in one day ibroogh all the remaining stages — that
tbe bill was then actually engrossed, or CDgroia-
ing, and that after it was so passed, a bill was to
be proposed and passed for caUing ata exiraorJi'
nary session of Congress id May next. This was
dated to rat, prerious to the going into Com-
mittee of tbe Whole on the enforcing embargo
bill, as the course settled. Well— what hap-
pened J Why, agreeably to the information I
tied received, we were immediately called into a
Committee of the Whole, on- the bill. We did
paaa it, through all the remaining sisgi

quences it involved. So far my previous infor-
mation proved correct. It will alio be recollected,
that in the course of ihe nocturual session uo that
bill, the gentleman frompennsylfaaia (Mr. Shi-
lie^ did state it as his intention to bring forward
a bill for a meetiog of Congress in May, and ac-
cordingly, the next day he ioirnduced the motion,
which wai tbe foundation of tbe present bill.
Thus again my previous information was proved
by the event accurate. The minnieQess of this
prophecy, aod tbe precision of its fulfillment,
satiafles my mind of the cotreciness of the opin-
ion before stated, that although we debate ^reai
queslioDs on this floor, that they are. sometimes,
at least, settled somewhere else. A circumstauee
at ronely corroborative of this opinion is a fact,
which happened in the debate on motion for the
committee of inquiry, which preceded ilAs bill.
The idea of a session in May, was strongly op-
posed by Ihe gentlemttn from South Carolina
(Hr. D. R. Williams.) In reply to whom, tny

colleague (Mr. Bacos) expressed his tmrprise at
his oppoiiiion, aod said expressly, " that he had
'given some votes, in the understanding that
' there was to be an extra session in May ; that,
' if there was not, all be could say, for one, was,
' that he was taken in." [Mr. Bacon said, that
he meant only to be understood as faaving given
such votes, from his own impression that there
would be an extra session, and not intending to
express any previous iRreement.] If aucb were
the intention of my colleague, I -do not wish lo
avail myself of the peculiarity of the expression.
At the time of his utteriog it, I did consider it aa
a strong corroborative circumstance of the fact,
that all the proceedings coDceroiog the enforcinji
embargo law and the new seisioo had been ar-
ranged aomewbere elan, previous to -their being
brought into debate on this floor. Indeed, bow
is it pouible for aoy man to believe otherwise,
when he considers, and not only the previous in-
formation received, which could hardly have
been so miauiely fulSUed, unless such previous
agreement subsisted, and also, wheu he considers
the rapid and unexampled manner, in which it
was pressed through ail its stages, notwithstand-
ing all the violence of the opposition, and the solid

serving on a remark made by ihegentleman from
South Carolina, (Mr. D. R. Williaus.) He
said ibe roiaority had no right to complain of the
manner in which the enforcing embargo law
was passed, inaimuch as that they had suffered it
to go through the Committee of the Whole with-
out a single observatiop. In reply, I must de-
clare thall do complain that our privileges wera
violated. I maintain that it is a right wnlcb be-
loDgs to every member of this House to have a fair
and suitable opportunity of debating every que*- '
lion of great national iruporiaoce; that, unlesahc
has previous notice, that it is thejntention of the
majority 10 deviate from the usual course of basi-
oess. be has a right lotihoose that suge of the
bill 10 which he conceives bis obj^ons to it can
be most forcibly urged. Upon the question ot
eogrossment, or upon that of the final passage, he
has a right to have a fairopporiuaitv to beheat^'
for, at these stages, the great principles of the bill
can be the most advantageously discussed. Now,
we had not such an opporiuniiy upon either the
engrossment or final passage of the enforcing em-
bargo law. In this instance 1 do not hesitate to
■ay, that tbe rights of tbe members of this House,
and, through them, the rights of this people, were
grously violated. Who could have possibly ima-
gined that a bill of tbe length and importance of
the enforcing embargo law, coasidering also tbe
slate of feeling manifesied in some parts of the
couDtry in relaiioo to that subject, could have
been permitted to go from a Committee of the
Whole, through its final passage, at one sitting ?
Upon that law I was extremely anxious to hare
expressed my lentimenta. I had taken occasioit,
when the resolution for tbe raising of fifty ihoa-
sand volunteers was under debate, to state a Con-
■tituiiooal objection to the previous BupplemeRt-

Digitizcd oy CiOOQIC

1145

HISTORY OP CONGRESS.

Jandakt, 1809.

H. OP R.

»rj embargo lawn,' to which I eoald find, in mv
miBd, DO ■Dtwei. 1 bad hoped come seDtleniaD
would have condescended to replf to tliai objec-
tion, but no notice bad been laken, except bjr cbe
gemleman from Virg^inia, (Mr. Eppeb,) who only
■sterted thsi aimiUr powers to those to .which I
had objected, had been exercised under precedtog
Adminisimtiona.

Mr. Eppbb ioqaired whether Mr. Q.DIIICT was
inordertodiscuuabill which waialieadf pasied,
.noder a question like that now before the Honse.
* Tha SpK&KKa deejded that he was.

Mr. Eppeb appealed from hisdeciaion,

Mr. D. R. Willijlmb wished'that the gentle-
man from MaiMchusetts might be permitted to
f[o on ; and laid be, if there be not talent eoongh
in the House lo refute hi* argamenti, in the name
of Qod. let us stand convicted.

Mr. Eppeb withdrew bis appeal.

Mr. Gabdbkier asked whether it was consist-
ent with ibe roles of the House thai, when the
Speaker bad decided a question of drder, and an
appeal had been made l>am his decikion on the
application of aor gentleman, the member appeal-
ing had a right to withdraw his appeal 1

The SpGAKEn said that, aecoidiag to usual par-
liamentarf proceedings, it was correct.

Mr. Qdinqt continued. — I did not intend to
Vgue the uoconstllutionalilT of the enrorcing
embargo law. I was only illustraiiog my sense
of the Tiolation of the rights of the members on
that ocea^on, br showing ibaC T had oeen pre-
cluded from nrgia? the objections I was prepared
to offer against it throogh the laleuesa of the hour
and the oner incompetency of all, after the fatigue
of eighteen honrs uninterrupted session, either to
heat or to speak upon any subject. The Consii-
Indonal objections to that bill were great, and, as
I believe, Qnanswerable. The hasie with whieh
it was passed, and the little opporiuoity given for
discussion of its principles, were little a&pled to
■Biisfy the (Mtbiie that the bill would bear a thor-
ough ezaminatioD. The cooneiioa of these ob-
servations with the bill under debate, is intiiuale
and palpable. The reasons I urge against this
bill are, that by providing for a meeling of Con-
gress in May. without providing a limitation of
the embargo law, you, io fact, leave the nest
Congre^ tn the same bonds to the Executive
power, in which this House at preaeol stands;
that, if it be your real intention to raise the em-
bargo afiar May, as this extra seasioo seems in-
tended to intimate to the people, you ouehl at
once to^imit it, otherwise the people ought not
to be saiiiGed ; but to eiimise into the Constitu-
tional objections to those laws : if these appear to
the peopfe and to the State Legislatures as they
do to my mind, it is their duty— to do what ? To
rise in insurrection T No, sir. To break the bonds
of union? No, sir; bat lo take the Consiiluiion,
llial great charter of their liberties, into their con-
•ideraiion, and to strengthen and support its prio-
ciples by vindicating them from violation. Do
gentlemen really think it "treason" to invite in-
telligent men, the natural guardians of their own
and of the people's lights, to lake your laws aad

brine them to the toucbsb

e nave gained little try ourindependen

>eoftheGoi

iiuiionl
i, if this
liberty befong not lo os. Bir, we perform a high
and imperious duty, when ihoae who believe thai
the Constitution is violated, say lo the people that
such is their opinion, and call tbem to an eiami-
nnlion of your laws with that reference. All we
say to them is, pnt not off this inquiry until June,
under the apprehension the embargo will then be
removed. Look to your rights; if ibey are vio-
lated, remonstrate, iflfintain the only bond of
your union, the Consliluiioo ; let it not be broken
for the purpose of making of its commerciai pow-
er an instrument of hosulity ; for such a purpose
the commercial power was never granted. Gt#n-a
tlemeo strive to repreaent those who use this lan-
guage as bosiile to the Unioo : nothing can be
less founded in truth. Hostility it mar be to the
principles of an Administration which, for the
sake of maintaining a favorite system, seem to
value as nothing all those Constitutional princi-
ples which the wisdom of our fathers erected as
barriers round our liberties. Suppose the present
or anv future Congress to pass an^ law, not only
manifestly unconstitntional, but so oppressive
upon the mass of the pauple that it is impossible
Id wait upon the slow processes of the Judiciary.
The case may certainly be supposed. I ask, what
is the remedy 1 Cau there beany other than Con-
stitutioAal remonstrance 7 And bow can this be
effected but by calling the people to examine
their tights, and the alleged invasion ofifaem?
With respect to the feelings and sentiments rela-
tive to those laws in the purl of the country which
1 represent, I do not believe that this House real-
izes iha nature and extent of them. The doubt
concerning their constitutionalitir is not conBned
10 men ofone particular party. 1 have reason to
believe that a very great ouraWof ibeiatelligeot
men who are supposed to difiitr.froiA me in polit-
ical sentiments, do agree in questiooiog iheir va-
lidity. 1 feel. Its strongly as my colleague, (Mr.
Bacon.) the haxanlous nature of the present
crisis. A course of ereiUa is advancing upon u^
which, I fear no human power can conirol ; and
in what it will terminate certainly no human
foresight can tell. But this crisis is not tube
evaded by tampering with it, nor by obstinate ad-
herence to the system which is the origin of this
BiciiemcuL Let ibis scheme of coercion be ab-
dicated— if it be necessar^r, go to war — lei Qot<
emment desigaate the nation with whom we are
ifl fight, show the justice and policy of hosiililies,
and bring the resources of the nation into ope-
But 1 conjure geoilemen not to sport with the
present state of mtogs. I know there does exist
in the majority of this House, an honest mi>iake
concerning the sentimeols of the people in the
Eastern States. It is thought that disconienC wilh
the embargo arises solely from party opposition.
Let me assure gentlemen the case is far otherwise.
On this account have I spoken ; gentlemen ibink
that the hope of a session io May will give con-
tent to ihat people. Bs assured it will not t the^
haie too deepand'tiniversal an interest in this

.yGoogIc

mSTOKY OF COKGRESS.

1148

Extra Stiwn,

Janvabt, 180S.

■ubjpct 10 b« daluded into a poal pone m cut of ilie
consider BlioD of iheic Comli lull anal rights. If
CoDgKM rise without limiting tfaa embargo, ihejr
will not have reason lo cipecl iia repeal in May.
nor will they act oa ibat eipectiiion. When the
•esiioa in May arrivea, there will be oothiog to
choose between but (he old atluoaiiTes, embargo
or war ) and an ailraipl will be made to continue
the present system six moalhs longer. Now, I
do not believe it i> within (he phyiical power of
New England to «oi]ure*it for that period.

Mr- D. R. WiLUAHS taid he rose to make a
few obserraiiont in relation to hit indiTidual
eondocl on the aubjeet of the supplemeaUry em-
bargo law, as the gentleman had said that his
lights, and through nim the rigbts of the people,
had been riolaled. The KeDtlemen seemed to
charge the majarjiy of iheHonse, fsaid Mr. W.,)
and me as one of that majority, at naringhad an
understanding out of doors that we would pass (he
bill through at one seuion. [Mr. Qntncr said
that he bad not con<idered the gentleman as one
of the majority.] I am very glad that the gen-
tleman exempts me; but in justice to the majo-
rity with whom I acted, I feel myself compelled
to make a few remarks. That gentleman ought
to be (be last man in this House (o make the ac-
cusation which he has made. The geodeman
himself has commenced the custom of ia(roduc-
ing private coorersations before y on, Mr. Speaker,
Bad therefore I may be permitted (o refer to them.
The gentleman did a few days ago, at the fire-
aide, advocate the English parliamentary mode
of proceeding ; and declared that we munt adopt
the plan of fixing a day for taking the question,
and silting it out. Now, sir, when thegenllemia
advocates that piaedce, how can be say that his
rights are injured? So far as 1 know anything
about that ques(ion, 1 do believe that there was
no understanding. If you will cast yoar mind
back to the day previous to the day's session re-
ferred to, a celebrated motion of a gentleman
from Vermont (Mr. Chittbndhn) to repeal the
ambargo laws was moved fgr, and i( was agreed
to take it up. When wa got into a Committee
of the Whole, sir, we eoold not do anything ; we
were compelled lo dissolve the Committer; we
could Dot keep a qoornm to do the Ibino' which
we bad taken the yeas and nays seven different
limes to get at. What next, sir 1 Did not geo-
tlemea on the opposite side come here the next
day with a perfect willingness to sit out the ques-
tion. I never heard a whisper of sitting out (he
question till that kind of conduct was adopted
which was calculated to leach the majority bow
to act. Qenilemen in the minority all went to
dinner, leaving one gentleman behind them to
call for the yeas and nays and make meiioni till
they came back. They really forced us to it, sir.
They made their preparations ; and accordingly
they had everythiiif; h«re necetsary to support
them through this fiery trial. They had all the
good Ihion of this life brought here for their
suppers. When that coarse of proceeding was
adopted, there was a kiod of instantaneous deier-
minaiioo of the majority of Che House lo take

the question. The first man who suggested the
idea to me was a gentleman who was disposed
not to sit it oai. Aod what is this mighty eharf^
which the gentleman has made? That the bill
was passed through the House at one seasioD. I
deny it, sir. Th« bill-had been before you maDr
days. It was discussed one entire day in Com-
mittee of the Whole, and tccommiited. Th«
amendments reported by the select committee
lay oathe tableat least three days; and the ques-
tion would not then have been taken but for the
determination of the ofiponants of the bill thai
the question sboold not iw taken. I speak whkt
every gentlemiin must be aeosible is true. And
yet, sir, the natian is to be told that its dearest
rights were violated by passing throngb a bill at
one session. You know, Mr. Speaker, that such -
is not the fact; that the bill had b^en under dis-
cussion several days, and ibe subject of it for
many weeks. It is tiill more strange that these
sort of objections should come from a quarter at
the House which believes that the interest of the
nation would be promoted by the adoption of the

Karliamentaty practice. No gentleman opened
is lips lo discuit the provisions of the bill where
they oUKht to have been discussed, in Committee
of the Whole. The passage of it in one session
is made such a monstrouj buf^bear, when ikoi
one syllable was Hid against it in Committee of
the Whole ! There was a propriety— 1 maw say
ao imperious necessity that ine bid should be
pasaed as expadilionsly as possible. repu hi ag froia
the circumstance that in none of the preceding
suppiemeniary acts was there a provision requir-
ing certain vetseli sailing coastwise to give bond.
The omission, though gtaTtog, was not peiceived
when the last' suppiemeniary bill passed. If yoa
will call upon the Secretary of the Treasury, he
will inform you that we were losing from twenty
to thirty resseli a week in consequence of this
single loophole. This was an imperious reason
why the House should act on the subjeei imme-
diately ; and when the House met that morning
there was no disposition, to feree a qacation on it
bad Dot gentlemen in the apposition prepared
themselves for a. long session. Why, sir. the
night before, when the Committee of tb« Whole
on the celebrated resolution of a geatleman from
Vermont was broken Bp for want of a quoiam,
as I was going home, I met seme of the gentle-
men ia the minority eoming^taek — " What, (said
one,) have you adjourned 1 we have been home,
.and bracing up ; we have had plenty of good wine,
and were going back to sit you oat." And now,
forsooib, the gentlemeti acense ns of precipi-

Mr. J. Q. Jaokson said be rose to uoiice aoae
of the observations made by the gentleman from
Masoachnsetts to-day, which were calculated to
do away the highly reprehensible remarks he
made on yesterday. Yet notwithstanding the
avowed object, he had indulged himself in fur-
ther animadversions, and added to that feeling
which had been so unjustifiably excited. The
gentleman commenced by asking whether the
gronad which haocenpied was MUd) vbMlitr it

.yGoogIc

mSTORT OF OONaRESS.

Januabt, 1809.

H. orR.

the House had acted uader a deception, touching
the moiives of the AdministralioD id recomtnead-
ing the embargo. Sir, I answer, that ihe ground
is not (olid; il ig a. quagmire, ia which ererj
plunge be niilies sinks him still deei^r, uotil hi
IS Bwallowed up with igDoniinr,*icitingooeoin
pBfsiou for his fate; and yel he complains of ibi
sererity of the style with which bis remarks weti
treated. Sir^ it was proper (bat so iuramous i
cbvi^e, coming frona a quarter like that, where
sabmtssioQ to crerythin?, and resiataoce to ao-
ibing is characteristic, shotild bd repelled id the
my it WBsj it was too gross a censure, too fiagi-
tioQs & libel to pass with impunity, notwiihstand-
ing it was nvtered in this saactuary, whose secu-
rity th« gentleman has carefully availed hiioseir
of, and which be iDierpose* ax a shield lo bis dasr
lardly attacks. We were imposed upon, be al-
leges, touching the motiTes of Administration,
and were iostiumental in deeeiTiog the people;
and yet, tools and sycophants ibal we are, he will
&«t rest uniil he drags us before the nation, and
eipnes us to its vengeance. . When lo all this
nbuM it is added, thqt we are caugbt in the loiU
of a D)irrow policy which we persist in from mere
shame — ihat we wanted to frighten Mr. Rose —
caxt ourselves into the arms of Bonaparte — join
the coaliiion against England. When gueh 'ae-
cusatioos are made here, and gentlemen feel
^onaded at- tht unjugt imputations, I ask, sir,
oDght they not to inflict a little wholesome chas-
tisement on the author by caslingthe foul charges
back iu the teechof him who made them? If any
geoile'mBn thinks it do insult to be accused of
political imposture, avowing ostensible motives
incoDsistent with the real ones, 1 am proud to dif-
fer from him. 1 have this mtfrniog endeavored
to show that the charges were false, and whether
I have succeeded or not I am willing to leave to
others; I heartily join in the appeal to their de-
eisitw. But the gentleman says, the " bearing"
of bis argument was not Dolieed by sny one ex-
cept his colleague. Thean^wer of his honorable
CDiieagoe was confined exclusively lo the ten-
dency of such re volut ionizing, heari-barning ap-
peals to the people, having for their object hostile
opposition to the laws enacted by this Oovern-
ment. Thus, sir, by this oonfession his motives
are ezpowd to the world, for that was the " bear-
ine" which the cenileman from Massachusetts
(Mr. Bacon) so elwjneoily nolieed. The gentle-
man talked of " Billmgigiite ;" and pray, sir, if it
does not consist- in abosind the President of the
United State* under the privileges of this House,
acelising him of duplicity, political perfidy, ana
falsehood, in wbat does it cdnsisf? The gentle-
niBD himself indulged in an " ale-house slang,"
dert^tory to the dignity of this House; for tbe
Eixecuiive of this nation, as such, is eoiitled to
respect, and it is scandalous here, covered by the
canopy of the Constitution, to assail his reputa-
tion, accuse, try, condemn, end execute it in one
breath. But the gentleman aayii he shrinks not
from comparison with any on*. Sir, moit a«r-.

tainly he can lose nothing on comparison With
any man ; notwithstanding he would gain much
by comparing bim with a gentleman. He has
made attacks on tbe Executive and this Hottse
which I have endeavoved to prove were Do-
founded. A formal deliberate preconcerted speech
of two hours length was nude by the member,
predicated solelv on the basis that this House bad
been deceived themselves, aud had deceived the
people, and were attempting still further to prac-
tise deception. Can the reputation of a man
who does these thiilgs in times like this, in times
of great and accumulating peril, be injured by

nd, because of it, he feels pity for as.

ot even feel pity for him. I feel contempt, sheer

?-»»»«,

id nothing more. His remarks have
Lg, sir; they cannot wound. The shafts of
slice are bluol; they will not penetrate;
they fall harmless at the feet -of those against
whom they ar« pointed; ll^ey are steeped in false-
hood; they have no sting; there is no truth in
them. We have been accused of raising a. cry
of war — talking •about going to war — and, Ihat
all is imposture ; and ihe liberty of replying to
such charges is denied us. Sir, we are bound lo
support the Constitution; and are told that, re*
irdlesH of our oaths, we violate it by raising an
my to provide places fur our partisans, or lo
put down our opponents by intimidation; and,
m the next breath, we are entreated lo avoid pas-
sion. And is this DO cause of. anger? A great
cniAplaint is made by bim at ihe passing of the
last embargo law at one sitting. And for Ibis,
the people are to be excited. We are now in the
third month of the session, and on every question
except motions to adjourn, that admit not of de-
bate, the embargo system has been thrust into dis-
cussion. "EnibargD" has been bandied from one
side of the House to the other, to and fro, until
avery gentleman was tired of the game ; and be-
cause we did not eke out a few weeks more in
talking, another cry is raised. Sir, 1 heard the
member froip Massac h use its, a few days before
the law passed, observe in private conversation—
for it seems to be iq order now to refer to it — that
we could not get on with buiinesi unless we
allopted the rule in the Qrilish Parliament, of di*-
cussing subjects on the day Sxed for them, and
deciding them that night; and, from other re-
marks then made by hitn, I did, indeed, believe
American in heart and sentiment
much mistaken, sir. When 1 see
Members sbiinding faUe alarms of danger, for
the purpose of promoting ssdilioui oppositions,
inflammatory resolutions, legislative excitemeuii,
and open rebellion, and while driving in this
wicked career, covering themselves with the
mmtle of the fair fame of our beloved Wasb-
iNaTON — prostituting all his patriotism, and his
the vile purposes of their aggrandise-
struck with wonder and a^ooishment.
When 1 mark their course, and remember Ihe sal*
utary adrice of his exoellent valedictory — fnm

.yGoogIc

1161

HISTORY OP CONGRESS.

H.orR.

Extra Setnon.

Jamdabt.ISOS.

which I will read Mme uinicts— Iha eaortniiy or
tbeJr crime, aod tbeir bareraoed effrootery, be-
come more coQipicuous. I with I dared irebpais
OpoB the palicDce or ihe Haute by readiog (he
wtiole^DT it ii peoutiarry appticabie

'Ilia uDtt7 of goTernment which
oat paoplc, ii, alio, now deiT to jon. It ii jiUtlj id,
for it u k muu pUt&r in tha edifiea of jonr real inda-
pandtnoe; the lupport -of jour tranqnilKqr M fcome,
jow pe«c« abroad ; of jim aafelT, of yoar ^roapnitj,
of llut Tei7 Itbcrtj which jov ao highij pmo. But,
aa it ia aaaj to foreaae that from diflwant cai
fram difleTeDtqi)*rtaT>,muchpainawiUlM talian,iiuai;
■rtificea amplojad. to waakan in jour miuda ^a eon-
tictiou of Ihia trulh ; ai Ihia i* Iha point in your po-
litical bitrcM againit which tha batteriaa of intBrnal
and aitemal snemie* will t>c moat conatantlj and ac-
tirelj, though often coTcrtlj and Inaidioualj directed,
K IB of infinite mani«al that jou ihonld properly aali-
mala Ihe immenuB tiIdb of jrour national union to
your collectiTe md individa^ happineai 1 that jou
ibould cherub a cordial, bibilai), and inimo*eable at-
tachment to it ; aecoitomiof younelTei to think and
apeak of it aatbe Paltidinm cf your political aafat;
and .ptoaperity; watching for iii praeerration with
jaaloua aniiety; diaeountenancing whoeTac may aag-
geat eT«n a iDapicion that it can, fa any erent, be aban-
doned ; and indigOMilly frowaiog upon the Aral dawn-
ing of erary attempt to ^ianata any portion of onr
Muntiy from the raat, or to enfeeble the eacred tiea
which now link together tht larioua parta.

I can almost imaziDe that I aee the shade of
this hero, indignaniFy frowDing on that attempt
which ia lo much deprecated by bira.

"The Dame of American, which belong! to yon, it
yoarjialional capacity,mnstalwayieiait the juatpridi
of patnotiam, more than aay appellatian derived from
kcal diacriminationa. With alight itudeaof difierence,
you have the aatne rttigion, manner*, babila, and poli-
tical principles. Yon haia in a common cauaa Ibilghl
and triumphM together ; the independence and liberty
yon poaaaaa are the work of joint councils, and joint
eflorta, of common dangera, aufieringa, and iuccaaana.

" Uut thaM conalderatioBB, however powerfully the]
addreaa tbemaelTea lo your aeoaibility, ate great^ out
walglted I7 thoaa which apply more immadiaiety ti
yonr intereat. Here every portion of country finds the
notf oonnuitdiiig mOlivea fbi carefully guarding and
preeerring ttie union of the whole.

" The North, in an nnrealrained inteicoune with the
South, protected by the e^nal laws of a comipi
arnmant, finds, in Ihe productiona of the latter, great
additional ceHtirces of maritime and commereial enter-

¥'ise ind predoui msterials of manufacturing industry.
be Sontn, in the same inletcourBe, benefitliiig by the
agency of the North, icee its igricullurc grow and its
commerce expand. Turning partiy into its own chan-
nels Ihe teamen of the North, it finds its particular
navigaUon inTigoratcd; and while it contributes, in
different waya, to nourisb and inereaae the general
maaa of the national navigation, it looks forward to
the protection of a maritime strength, to wbicb itself
ia unequally adapted. The Eut, in a tike intercourse
with the West, already ftnds, and in the progressive
improvaaent of iuterior communications, bv land and
water, wit more and more find a vajuable vent far the
commodities which it bring* from abroad, 0( mannfiM-
lurea at home. The Wast derive* frok the Baat aup-

pliea requisite Is ita gioirth and comfort: And what
la perhaps of still greater consequence, it must of nn-
cessity owe the aecnre enjoyment of indiapensable out-
lets for its own productions to the wttight, influence,
snJ the future muitime strength of the Atlantic side
of the Union, directed by an indissoluble communttr
of intereat as one nation. Any -elher tenore by whicli
the West can hold thia, osaential advantage, whether
derived from its own 'separate strangth, or iirom an
sDcstala and nnnsluTa] connexion with any fbreiga

tiouof the other."

The UoioB ii tbreateoeid wild a separation.
The handbills slrtick off and ciroulaied through-
out Npw Enfflaod are calculated for that porpoae.
Indeed so daring hare the faction become, that in
New York, or Pliiladelphia, a bandbill was posted
up advising—'- The Potomac ih« bonndary — the
Negro Slates by thetnuelTesI"

" These coiuijerations speak a perauaaive language
to eveiy reflecting aad virtuooa mind, and exhibit tba
continuance of Ihe Union as a primary otjjeet of patri*
otic desire. Ia there a dJnbt whether a common Ga«-
amment can embrace ao large a sphere! Let eipa-
rienee solve iL To liateo to mere, speeolatioa is such
acaae,were criminal. Waare authoriied to hope that
a proper organitation of the whole, with the auxiliary
agency ofgovammenta tor the respective aubdiviatona,
will afford a happy iaaue of the eiperiment. It is well
worth a fair and ftill experiment. vWith such power-
ful and obvious motivsa lo union, aSecUng all jaita of
our coontiy, wtule experience ihall not have demon-
strated its impracticability, there will always be reaaoa
to distrust Ihe patriotism of those who in any qaactw
may endeavor lo weaken its bands.

" In contemplating the causes which may diatnib
our Union, it occurs as matter of serious cooecm, that
any giound ihould have been furnished frir ehaiMter-
iiing partiea by geognphicai diacriminaliont — NoEth>
em and Boulhem — Atlantic uid Wealem ; whence
designing men may endeavor lo excite a iMfief that
there is a feat diffirense of local Interests and view*.
One of the eipadienta of patty to aoquire Inflaenoe.
within partienlar district^ is to miarapreaent the opin-
ions tad aims of other districts. You cannot shield
yoursdvea too much against the jeslousios and hsart*
tAiraiags which spring from these misreprasentatiotia —
they lend to tender alien to each other those who
oBght to be bound lugnhei by fraternal aflecCioB-"

Have you not sseD'an attempt made by a Sen-
ator of tbe United States, (Mr. Pickebiho,) in a
public letter addressed lo the Legislature of his
Stale, to impress the idea that tbe Southern peo-
ple are inimical to commereel

"To tha effien^ and permanency of your Union, a
ovemment for tiie whide ia indiapensable. No alB-
icea, however strict, between the [«rta, can be an ade-
ifUale aulwtitula; they must inevitably experience tha
inJiBetions and interruptions which all atliancaa in all
times have experienced. Sensible of this momentoua
truth, you have improved upon your first Bssay, by the
adoption of a Coo slit ution and Government batter cal-
culated than your former for an intimate anion, and for
the Efficacious management of your common cuncema.
Tikis Government — the ofispting of out own choice ;

.yGoogIc

1153

HISTORY OP CONGRESS.

Jardari

H. orR.

nniDfluenced and unswed ; adopted upon {M in'
gation and matnro deliberation ; completely free,
prinaplfli; in (he distribution of its powera, oniting
■ecsrity with energy ; and containing, within ittelf, a
proiiiion for iti own amgndmeDt — hai ■ jnit claim to
jooT cfinfidenee and yaur aupporL Rwpect fhr iti i
thoritj, compliance with iU laws, aeqiiieKence in
maaiDres, are dutiaa SDJoiued b; the fundamantal mi
imt of trae lib«it;. The biaia of our political ijitem
ia, the rigfat of the peapls tQ make and to alter theii
coDBtitations of goternnuDL But, the CoiutitUtioD
which at anj time eiiatj, till changed b/ an explicit
and autbeotic act of the whale people, is aacradly ob-
ligBtorj apoD all. The Tery idea of the power and the
right of the people to establish government, presopposei
the duty of OTsry indtTidual to obey the eatablishai
goretnmcnt."

The majority must gorerit, sir, or there ia at
end of Republicaa Gorerament id ihia country
and desputism, uodi^r the gatb of mauarehy, oi
wbaiever other Dine it may assume, will occup)
Hi fiead.

" All obalmetioni to the eiecotion of the lawa" — le
the member and his Mauachuselts Legislature take thii
to themselvea— " all obstructions to the eiecQtioa of (he
lawij alt combinations and Bsgodationg, under what-
ever plausible character, with the real design to direct,
control, counteract, or awe the regular deliberation and
action of the constituted aathoritiee, are deatructive of
tbi> fundamental principle, and of fatal tendency. They
aene to organize faction ; to give it an arliliclat and ex-
traordinary force; to put in (he place of the delegated
will of the nation the will of a party— often a small, bot
artfnl and enterprising minority of the community —
■Ttd.aceordingtothe allernete triumphs ofdifferent psr-
ties, to make the puMie AdminislrBlion the mirror ol
the ill-concerted and incongruous projects of (kctiani
rather than the organ of consistent and wholesome plana,
digeil«d by common connciU, and modified by mutaal

". Boweier combinationi or aaaooi&tioDS of the abote
^eacription may now and then answer popular enda,
they are likely in the course of time sod things to be-
came potent engines, by which cunning, ambitious, and
unpriuciplitd men will be enabled to subrerl the power
of the people, and to usurp for Ihemselies the reins of
government— -destroy ingi afterwards, the Tery engines
which have Hfled them to unjust dominion.

" Towards the preservation of your Government, and
the permanency of your present happy state, it it re-
quisite, not only that you steadily dUcountenanee irre-
pilar oppositions to its acknowledged authority, bat
tClao that yon resist with care the spirit of innovation
upon its principle*, however specious the pretext.

" I hare alraady intimated to yon the danger of par-
tiea in tbe State, with particular rererence to the fbund-
iog of them on geographical discriminations. Let ma

in the most solemn manner, againat the baneful eOects
of the spirit of party, generally. It serves slways to
distract the public councals, and enfeeble the public
AdmiDistiation, It agitates the cDoiniunity with ill-
founded jealousies and false alarms : Itiudles the ani-
iDDsily of Due part against another; foments, occasion-
ally, riot and insurrection. // open) lAe door to foreign
injtuence andeorruption, O'hithAndafaeititatedaeeai
lolhe Oorernme'it the!/, Ihroagk the ehanntlt of party
poMaum*. Thus, the policy and the will gS one couD-
(ry are subjected to the policj ami will of another."
lOttl Cov. 2d Sim— 37

The door is opened in Boston,sIr, otherwise the
appeal of a fureiijn Power would not have fouod
ill way there. Why was it sent there? Because
it is the fcicusof faction, and from thence the Bre-
brands of discord will be scattered into every quar-
ter of the coontry. ' Tbe speeche-i of the member
will hold the match to the combustible maieritla
which liave been heaped np there, and the heart-
felt saiisfaciion will be his, that he put tbe torch
to tbe pile which is to coosume ibe Constiiation
of Ibis Union.

The whole of this excellent letter of the vene-
rated WABHtNOTON comes directly ia contact with
tbe course now pursued. Unfounded jealou'iet
are eicited, false insinuations are made against
(he Government, and yet, the men pursuing ihia
holy voealiOQ profess to be treading in tbe foot-
steps of WAaniNaTON ! Repeat tbe embargo, they
cry, and trade. As to national honor, it is but a
name— an empty sound. The lore of country
doesnoi warm their bosoms. Liberty — and at the
sound of liberty the blood beats high in the veins
of every virtuous American- has no charms for
them. Gold ia the god Ibey worship, and they
would wallow in the mire of debasement to ex-
tract one grain from its filthy sands. The remsrka
of such men as tbe member from Massscbusetta
deserve that all ihe thunders of this nation's wrath
shodld burst upon their heads. They should be
riven by the lightnings of public indignation, aDd
be blasted forever. ,

Mr. Q. W. CA.MPBEt.L said that it was with
someejilbarrarsment he rose (o address the House
OR this occasion; as the duly he owed to himself
and to his coontry would impel him to notice
some remarks made by the gentleman from Mas-
sachusetts (iVIr.ftciifOY) calculated (o excite sen-
sations which ought not to be indulged in ihii
House, and to extort replieK that may encroach on
that decorum which ought (o be observed on this
floor, oUKht not to be violated even in tbe pres-
ence of inis respectable audience; — remarks, said
he, which are not founded on facts, or supported
by any sound argument, which must be the effu-
sion of a dixordered brain, or malignant heart,
which adrnit of no serious investigation, and do
not merit and cannot receive any other repliy
than a direct and positive denial, accompanied
with that contempt which such iuisreprei>eBtations

{'jsiiy deserve. The gentleman told you, when
e had I'ousd some explanation of what he had
said necessary, that be had not alluded to particu-
lar facts, hut meant lo brin^ together a group of
motives, by which he conceived the Administra-
(ioD and the roajority of this House, as I under-
stood him, to be governed. This group of molivea
must be the gentleman'! own impressions, and not
bein? derived from facts, as he admits, must be
considered as tbe ofisptin^ either of ignorance, or
what is more probable, ot a deliberiie and mali-
cious preconcerted plan to usher forth those mis-
representations, knowing them to be without
foundation, at this crilicafmomentj for the express
purpose of deluding Ihe public mind. Take the
gentleman on his own ground and this must be
tbe coDctuaion. He did not allude lo facli, and

.yGoogIc

1156

maiORT OF CONGRESS.

11B6

Extra Semion.

Jahoart, 1809.

yel he preteodi lo gire (lie motivM by wbicb
QoveTumeoi and (he majorily are aetuaied. He
Myt ibe majnriijr hare acted onder adecepiioa —
ibe AdraioifiiralioD bad otber moiiTei than those
tTOwed. He advBQcea no proof to support ihete
aaseitioDs. The result muit, therefare, be inch
M baa been Btaied-~a deliberate leheme to mis-
lead the public opioiQii on those lubjecu—'io make
an impression abroad that the majonty of thiH
House hare been guided io their proeeedioga like
■utomaions— thai ihev ate not gorerued by their
ovti judgrneots, and ao not act from the convic-
tions of their own miads, but are directed by
aomeinvisible hand, some unseen influence, which,
tbough alluded lo, he dare not name. These are
JQ su^slance the infamous and uofouaded tnsiou-
ations made by that geaileman. 1 care not how
he may attempt to eavelnp them in duhious lan-
guage, or attempt lo friliei them away by ex-
planations. The turpitude of heart thai produced
them, remains the laiue. If the gemlemaa bad
eome forward openly, and lotd this House thai
the members compoiiDg the majority had no sen-
timents of their own; that possibly they do not
mean lo desiror their country (an be has been
{rfeased to admit) but are made lo dosoby the direc-
tion of some other controlling power, I should
then think he might hare some claim lo candor,
that pousibly be Mlieved what he said, and was
ready to heiard not only hii repulalioii but aii
his feeliogs (if indeed he ha« any, of which I no
enteriaia some doabi) and even his person i
what he had asserted. [Mr. Qdincy wished to
explaja.} I wish no ■eiplanatioD from ihe gen-
tleman, said Mr. C, after what be has already
aaid, end tbefrequeut samples of explanations he
bas heretofore giren. There is no other member
in the House, sir, to whom I would not concede
the floor for ihe purpose of explanation ; but there
ia a ^oint beyond which, solong as I have a seat
in this House, I will sot suffer my feeliDgn to be
injured, nor my motives to be impeached with
iaipuaiiy.

I did, sir, not hear ell the remarks made by thi
gentleman on yesterday, and I shall only notice
•uch of those as I did hear, as he seemed to con-
aider of most importance, in order to add my evi
dence to what has already been said by others or
this subject, to show that they are destitute of thi
slightest foundation in fact. It would not be
difficult to prove, from circumstances, that they
■re a_ fabrication of misrepresentations, prepared
mt this moment for the express purpose of inflc
enciDgcertaiueleclionswhicbareiotakeplacedu
ingthe ensuing spring, in the quarter from which
that gentleman comes.' Hence he thinks, in order
to cover his own views, he will be Ihe first lo cry
out -'the object of the majority is to influence
these elections." But the gentleman's veil is too
thin, it cannot conceal his designs; they ar<
tinctiy leea through it. The object is, at the
hazard of everything, to deceive and mislead the
honest part of society in that quarter, lo promote
Ihe views of a certain faction or party there, who
«re evidently sworn enemies lo the Government
«fthis country— who are connected directly or

eetly with a foreign Power, that of Great
in, and who use every means in their power
to support her interest anti increase her influence
in this country, at the hazard and expense of the
dearest rights and best interests of this nation.
That such a party exists cannot now be doubted
(and Ihe. gentleman from Massachusetia resides
in ihe midst of it) who consider their fate inti-
mately connected with that of Great Britain —
ho &eem to have congenial sympathies with her
■feel her success as their glory, and would con-
der her fall as their destruction — who use alt
e means in their power to excite her to a perse-
trance in her destructive measures against this
country, and prevent her, if possible, from yield-
ing or accommodating existing differences wiili
your Government — who become desperate in pro-
portion as tlie prospect of accommodation seems
to approach, and represent to her in ike strongest
colors, their dangers in such an event — ihat if she
settles her differences with you at at this time,
out making you Grsl yield to ber terras, they,
as her party in this country, sink into obscurity
and contempt forever. Hence their desperate
exertions to convince Great Britain ihal this
country cannot long persevere in her present
— mrei. Proofs could be adduced to support
ilaiemeni, that must produce conviction in
every discerning mind. I shall instance one fact,
which of itself IS conclusive on this paint. The
late publication of the famous leiter from Mr.
Canning lo Mr. Pinkoey. This insidious pro-
duction, which has been substantially contradict-
ed by Mr. Pinkuey's answer, was ushered into ibe
public prints by that faction, for the purpose of
making false impressions on the minds of tha
American people, favorable to the views of Great
Britain, And yet, sir, we are told bythegentlemaa,
that the memoers of this House were blualerin^
and scolding about the letter of a British Minister.
[Mr. Q,DiNCT said he did not refer to that letter.]
I am certainly willing, said Mr. C., that the gen-
lleman should deny what he said, though I wish
for no explanation from him. I certainir under-
stood him as referring to this leiter. [Mr. QniNCT
said he alluded to another letter.] I will, said
Mr. C, stale the genileuan's words, and the
House will judge whether this was not ihe verf
lellcT he alluded to, however he may chose now
to change the FefereDce. He said "that this
House was scolding and blustering about a letter
of the British Minister." The tetter now in ques-
lioa had a few days ago been laid liefore this
House, and some spirited animadversions wera
made upon it by several members; no otber letter
of a British Minister had been noticed in the
House, to my knowledge, for some time; to my
mind, therefore, the inferencE was inevitable, that
this was the letter alluded to. And bowtbe'^en-
tleman could introduce or mean any other is to
me incomprehensible. However, the fact of the
leiter having been published is the aame, whether
he alluded to ii or not, and will equally answer
my purpose. It was ao official letter, and mast
have been obtained either from the British Min-
ister or from your own Qovetnment. It is known

.yGoogIc

1167

HISTORY OF CONOREBS.

Jaudart, 1609.

Ej!tra

H.opR.

10 «T«ry one ft wai not obiaiaed from the litter;
it must, therefore, have been futnisbed by the
former. It wasfint publiahed ip Boston, accom-
panifiil by comment* citleulated to jaflame the
miDds or (he AmericaD people againit their own
OorerDiuent. at a lime wliea our public aSaira
were ia ibe most critical siiaation. This single
fact is sufficient lo prove the existence of this
parly, and their connesioD irilh, and (nxioaa
deftirelo support the riewsof (he British Cabinet.

11 may be proper, «ir, that I should state here,
that in speakiog of this faciioD or party, who are
a ditgraee to the American character. I do not
mean to include all those called Federahsis. No,
sir, there ere many of them for whom I hare (he
highest respect, belieTing them real friends to
their coDntrv. There are many members in this
House for whose character I enterlaia the highest
esteem, from a conviction that they act from pure
motives; but there are some who do not come
within this description.

But, sir, to return for a moment to the gentle-
man's remarks. He told you this House passed
the embargo law under a deception, a* to the
motives that induced the measure to be ri'com-
mended to the SiecnitTe. This old and hackneyed
charge, already refuted and contradicted time after
lime, I did not expect would again be brought
before the House. But il it now reilewed, though
destitute of the slightest foundation, for the ex-
press purpose of giving a new impulse to-misrep-
reseniaiions, in the quarter from which that gen-
tleman comes. There is no man can with truth
deny, that when the embargo law was passed,
this House had all the information on the subject
the Ooveruraent posseiised, and could not, there-
fore^ act under a deception. The motive* alleged
for It* pMsage were Ine real motives, and there is
not a single fact can be adduced to show that there
was any other object in view than those avowed.
It was adopted first as a meaatire of ptecaation
to save our property and seamen. It was relied
on also as a coercive measure, in regard to the
belligerents, so far as depriving them of our sup-
plies wonid operate in that way, and wa< lo sta-
ted by many members on this floor during the
Damage of the law, bat was not considered as a
hcMtile measure; and the belligerents had no right
to view it in that light, as we have an andoubted
tight to regulate oor own commerce or abandon
it altogether, without giving just cause of war lo
any nation. How the senlleman, therefore, with-
out the shadow of proo), could bring forward such
serioui charges, is more than extraordinary ; and
indeed it does appear to argne a degree of arro-

fance little becoming the ebaraeter of an honora-
le member of the National Legislature, lo assert,
aa has been done, that a large majority of Con-

f^ress have acted under a deception, have been
ed aa it were blindfold, to give their assent to
the meuures that have been adopted for more
than a year ; as if no one had penetration enough
to perceive the real motives that guided onr coun-
cils but this gentleman alone. This opinion he
will probably be permitted to enjoy, without a
■ingle rival on earth.

You are next told by the same geoUeman, that
the object of the majority in laying the em>
bargo by a law unlimited in its duration, was to
vest the whole power of regulating commerce in
the hands of the President; and he savs, if it was
intended to coerce, to reach the vitals of Oreat
Britain, it was proper to do so. On tliis latter
point indeed, the gentleman seems to feel very
sensibly; to be Irembiingly alive to the slightest
pressure that maybe made on his innocent and
unoffending friend, Great Britain ; as if, when
you coeiced her, you pressed on his interest in the
leuderest point; ami when you "reached her
vitals," you touched his heart's blood. It was,
therefore, wroog, in bis opinion, lo adopt any
me|sure that would bear nard on her interest.
Tms doctrine may suit the people that geatlemBD
reprjcsents, those called the Essex Junto, but it
will not be relished by the great body' of the
Americaa people. No, sir, they will hear It with
that indignation it so justly merits. A very slight
attention to facts will show ihe majority had do
such abject in view ia laying the embargo, a*
that so untruly ascribed to them by Ihe gentle-
man, of placing the whole power in the hands of
the Executive. The first proposition made by

was opposed by the gentlemen on the other side
of the House] by that gentleman and his political
friends ; and to accommodate those opposed la
this mode, a law was sabstiiuted in its place.
This proves that the majority had no disposition
whatever to vest the power in the hands of the
President, and that Ibis charge, like many others,
is without the slightest foundation in truth.

But the gepileman says that he formerly urged
an argument against the constitutionality of the
embargo laws, viz : " that you cannot repeal them
' without ihe consent of (he President, if there be
twelve members of the Senate against such re-
peal— that is, that the President and twelve
members of the Senate may prevent their re-
peal"— which argument, he says, has not beea
answered. I believe, sir, it ha!) not been even
noticed, much less answered, and it wonld still
remain unnoticed by me, if the gentleman did
not seem (o attach so much impor(Bnce to it, that
possibly some might conclude that there was some
weight in the oojection, I did not, sir, indeed
suppose that any gentleman, however conceited
hemight feel, could seriously think thai the mem-
bers of this House were obliged to answer, and
enter into a logical discussion of every quibble,
however silly, he mi^ht choose to start. The ar-
gument deemed so important by the sentleman
has not been urged, or even meotionea, so far aa
I recollect, by any other of his own party. It baa
not been thought worihy of notice by the newa-
papers of the same party. It has, therefore, jostly
been considered by the majority as not meriting
an answer, and passed in silence, as many other
unmeaning quibbles from the same quarter, dub-
bed with the name of arguments, have been.

.yGoogIc

1159

HISTORY OF CONGRESS.

Extra iSeinon.

jAUtlAHT, 180&.

Brnr m*xt of ordbary uadenianJin;, and pos-
•eMed of any information, must koaw, ibal th«
embargo law it on the same footing in regard lo

Preaident, udIbbi two-ihirds of both Hoi
cur. Tile Mine objeclioQ, therefore, made to tbe
embargo law being unlimited in itiduratioD. woald
equally apply to erery other law that it might be
thought any event would ever render expedient to
rnwal. According to the genilcman's docirine,
all your laws ou{[ht Co be limited in their dura-
tion, leit the Presideoc, or two-ihirdi of the 8mi-
ate, would not agree to repeal them. Thia ab-
aurdity, to which the gentleman's argument would
lead, was seen by every one who examined iJu
aubjecl, and an answer was therefore contidered
totally suDerflnous. But, sir, what foundation is
thereforall this jealousy with regard to the Presi-
dent'! giving bis assent loan act repealing the
embargo laws 1 Is there any part of bii conduct
hitherto calculated lo induce a belief that he
would refose his approbation to an act passed by
both Houses of Congress T Is it candid or liberal
at this lime to argue, because he hai the power to
refuse his asMnl, that he would, oo such occasion,
exercise that power, when he never has. doring
the whole course of hi; Administration, now near
a close, in any one Instance, done sol Does it
not prove the weakness of the cause nhich gen
tlemen advocate; the wretched shifis to which
they are put for what they call arguments; and
the futility, and even absurdity, of tbe objections
they make? It certainly does; and further, tends
strongly to prove, that there is some object at the
boitom of all this different from those avowed ;
it seems to cry aloud, "there is sometbiog rotten
in the state of Denmark."

Another charge is broaght forward, sir, which
would be a very serious one if true, that when
the army of six thousand men was authorized to
be raised, your Administrafioadid not design
them to fight fonigD nations, hut your own eiii-
zeoa, that they were intended only to enforce the
embarga,ihou^hthecontrary was avowed. There
is something in this charge so insidious, and I
might add, so base and malignani. that it must be
conitidered as springing from the same disorgan-
izing and malicious disposition which actuates
that jMrty. or rather faction, to which I have
already alluded; and stimulates them tg issue
forth one false statement after another in con-
tinued siiccession, in order to keep up the public
delusion in that quarter, and effect, b1 the expense
of truth and every principle of justice, their ele«-
tioneering purposes. These atiemnts hitherto,
there is reason to believe, were likely to fail.
The publication of official documents and 8cate
papers, from time to time, refuted their mi^irepre-
aentatioos, and were likely to confound all their
exertions to mislead the people, who began to see
clearly that their Government was not affected
b^ any foreign influence; that ihey acted solely
with a single view to the interests of their own
coUDtry. Opposed by truths too powerful-io resist,
tbe party rosorl (o Ibis as the foilarn hope, aa the

Inst desperate effort, to support their nefarious
schemes. When the national councils were mak-
ing preparations to resist foreign aggressions of
every kind, from whatever nation they might pro-
ceed, there were no mean* left them to carry on
their syatem of delusion, but to tell the people,
(In the very fsoa of the clearest proofs to the con-
trary,) those preparations are nut made aminst
yourenemies, bulagainstyourselves. ThiscliBrge
muat be too absurd to gam credit with any man
whose mind has not been already poisoned against
the truth. There is scarcely a child in the na-
tion, who can read, posfesaM of so little sense
and information at to- believe it. There i* no
: GoverDroeni would use all the
their power to preserve peace vi
eigo nations, if it could be done consistent with
the interest and honor of this country. They
can have no wish for war. But, at the present
crisis, it is certainlv necessary to be prepared for
it, in case it shoulu become inevitable. Fur this
purpose, those troops were authorized to be raised
to resist foreign aggression, not to enforce the em-
bargo. The idea of using them to enforce the
embargo laws — though it wonld have bera a
proper object — eould not, at ihe lime, have been
entertained by any one. It was not then supposed
there was any portion of the American people so
corrupt, so totally lost lo all sense of the duly Ihey
owe the nation, as to evade, much lei,s openly
oppose, the execution of the laws of the Union.
It could net, therefore, have been thought neces-
sary to provide fur such b case. The assertion is
indeed so destitute of the slighteet roundation,
thai it would be suiprising, if anything from that
quarter could now surprise us, that li should be
uttered on this floor.

But M^at reaKOD don the geDlleman asstrn for
entertaining this opinion— one as extraordinary
aail is futile. HesaysBoPederalisisavesppointed
to offices in this new anny^ and therefore he eon-
clades, that their ooly object is to enforce the
embargo. Though the statement as to appoint-
ments is not true in fact to the extent asserted,
yetjif it were, how could it prove the gentleman's
position? Did he mesu to insinuate ihal all the
FederaliUa would oppose the execnlion of the
embargo laws during the time they remained in
force, and on that account are not to be trusted ss
officers] [ trosi ha did not; and ! presume such
is not the fact. 1 have teason to believe that there
are maoy FederaliclB, who, though opposed to
these laws, would aid in carrying them into conri-

Slete execution no long as they continue to be th«
iwa of the Union. Or, did the geuileman wish
lo be understood as saying that there were none
but Federalists who euuld be introsted to fight
foreign nations? Hardy as that gentleman ap-
pears to be, and vain of bis own importance, he
could scarcely, I presume, utter such a sentiment
without blushing. But, sir, could he suppose the
Government would appoint the apologists of Brit-
ish ouirsge and aggression to defend their coun-
try against her armies? Certainly he could not,
aiid toe nation would n
But ihe gentleuMD i

such conduct!

.yGoogIc

HISTOET OP CONQRESS.

Jahdaby, 1809.

Extra 4

H. (

migbl bave acted uader booest moliTes, but ihe

AdmiaistratLOD did not mcao to make war wilb
foreigo nations. Nevd he be told tbat tbe Kiec-
utivecaoQoi make war ; tbal CoDsrcss alone is
compeieot to declare it? Surejy, f prEsume, he
need not. And with wbnt pretext, therefore, ca
he brin^ this charge agaiast the Pte^ideiit? Th
ooly object mu^ti be to cover himself fiom ih
impuiatioQ of chargins ihe sereral membeia of
ibU House, directly, with acliog from impto^ei
motives, whicti charge, id fact, he does malce lo-
ditecllv. Maoy oti ibis floor hare declared, if
ihe belligeients would not do us justice, they were
deiermiaed lo meet war with all its caiamilies.
and ihar, in a very short lime, rather than sub-
mit to their unjust edicts. The genllemao asserts
that Ihe majont/ are determined not id go to war.
This is charging iheni wiih duplicity, with being
actuated by mutives diOerent from those tbey
arow. Such charge is unfounded and illiberal,
and so far as it wan iuteaded to apjilv to me, is
totally untrue, and one which, out of the ebdcIu-
atv of these walls, oeiiher that geoileman nor any
other should make with impunity.

Bui it is further wid, you have not spirit en-
ough 10 fit out your small navy. Here we have
a proof of what that gentlemau means by spirit.
He eslimales it in pioporiion lo the amount of
money you appropriate. This it seems with him is
the only test of (rue iipirii. Wiih regard to what
most oilier men would call spiril, I presume, the
gentlemao may satisfy himself on a proper occa-
ainu, that almost any one of the minoriiy posses-
ses a sufficient degree of it to meet any Remand
be may make — (hough ihey will not conlend
wiih him on the score of that kind of spirit,
which consists alone in appropriating money
for unnecessary and useless purposes. [Mr. Ltoq
wished to interrupt Mr. Campbell, apparently
for the purpnse of calling him to order.] Sir,
■aid Mr. Cahfbeli., there are cerlain persons who
are entirely too low lo be noticed, and are there-
fore secure. The remark in regard to not fining
out the whole Navy, wbrn properly understood,
bas no weight or tea^eney wuatever to prove the
charge, that the majorily have no intenlion to go
to war, should the interest of their country re-
quire it. Those of ihc majority who opposed fit-
ting out the whole Navy, did so because ihey
were of opiaioo it would not constitute any sub-
•lanlial or efficient means of defending the coun-
try or annoying an enemy. They did not ibink
a navy ought to be relied on for protection or
offence. They therefore considered the large ap-
propriation of money necessary /or fitting out the
whole Navy as a useless waste of our resources,
which would add little or noibing to our security,
or means of actual resistance, and which resour-
ces ought 10 be applied to oiher objects better cal-
culated to prepare the nation, for both defensive
and offensive measure?, should the occasion re-
quire them, ti was not therefore in any point of
view an evidence of their indibposiiion in meet
war, or make it if necessary, hut related lolely to
tbe means hr which they conceived it could
moat affectually be carried on.

Another ground is equally futile and destitute

of loundaiiuo. He asks, when you have reduced
your resources, and destroyed your revenue, will
you go to war? He must bave forgotten, (hat ia
the very breath before he had complained, becaaie
you did not expend millions on the Navy j now
he says you have exhausted your resources. This
is proof of the gentleman's consisiency. But I
might call on him lo sbonaaingle inslanca JD
which, during the present Admiuistraiion, (he r»<
sources of the natioQ have been tinneceasarlly laid
out — he could point out none — on the contrary,
they have been husbanded by them most care*
fully, and, in consequence oi their economical
managemeot, there ia at this lime more money in
your Treasury, than ever there bas been at any pre-
ceding period. On the first of this monih there
was m the Treasury. sixteen million of dollars,
which is amply sufficient to meei all ezpendi-
luresauihorized for the present year, and still leave
a considerable balance in the Treasury to meet
those of the ensuing year, together with tbe
amuuot of revenue that shall during that period
be received. Hence it it manifest, this allegation
of your having exhausted your resources, is destir
tuie of Ihe slightest fuundaiion in faci.

There was another remark made by that gentle-
mau, which iaonly noticed because it shows a de-
eree of assumed self-imporiance, and even iuso-
fence, which would hardly be expected from any
geoileman, even though hcaffecied to be the hero
Qi i\ie E*9ex JutUoi Withakiad of Dauiamimioi
ezhibiiion, which is often performed on this floor.
(I presume for our amusement,) he observed, "I
cannot suffer aoy longer, the cry of war to go
abroad." How, sir, did he suppose he could pre-
nt itf Could he imagine even for a moment,
ibc midst of all his apparent meuial delirium>
(hat he had any control ovet the members com-
posing the majority of this House 1 Such re-
marks can only expose ihe extreme weakness, or
arrogance of those who make them, and will be
treated by all who hear them with that indiguanl
lempt which they so justly merii. Pursuiof
same course of misrepresentation, it is further
said, thai this bill is a conliouation of the system
if' deception of the Administration, ioieoded to
operate on the elecdons in the Spring. I must
- lude, (which 1 regret very much 10 be undei
lecessily of doing,) there is more corruption
and turpitude in the part of the country from
which thai gentleman comes, than in aoy with
which I have ever been acquainted. He must
. thisioiiance judge of others by himself; for,as
: adduces no facts to support his assertion, he
u«t speak from a knowledge of what would, in
railar circumstances, be hi) own views, and
ihose of his political frieada. There is no other
ground upon which toaccouDt for this assert ion—
unless indeed you ascribe it (o motives still more
if possible. He produces no proofs to suppoll
llegatioD ; he must iherefore, draw bis infer-
B from analogy. He determines wbal ob-
jects he and his frieods would have in view, and
what course they would pursue id a similar case j
and very sagaciously casciudes, the majoiitf of

.yGoogIc

1163

HISTORY OP CONGRESS.

H. or R.

Extra Senion.

thi* Home ire actuated by like
would act accordiogly. In lhi« i
bai becD egregiously mistakeD. Tb^re ii not, 1
iTuit, amoDg the majonty, a binglc indiTidual ac-
tailed bf Bueli oDworthy moiiTeaj ihey have dq
other objects in *iew bul ihoae they avow — ibe
charge is a base and unrounded alander, for which
(tB author, if rulea of decorum were duly regarded,
would justly merit and receive the decided and
public eensute of this Hoone. This
and «oou will be reaorIedlD,aiid can alone prevent
the DeceHily of replying to remarki, which are
disgUBting in the highest degree to every one w'
hearH them — it alone will prevent introducing
this floor the language of Billingsgate, or I.,
courtly style of the oyster bench, as has been done
by the tame gentleman. He observed the lan-
guage used by sODie gentlemen who answered
Eim, resembled that of Billingsgate, and thai he
never sat down with fishermen, or took degrees
Bi an oyster bench. If he has not yet, sir, taken
bis degrees, I have no doubl, he soon will receive
that honor, with universal consent — for be cer-
tainly has been a very apt scholar, and mu^i have
made great proficiency in the acquisition of ihejr
•entlments, as well as their language. He has
given proofs of it on this floor, exceeding any-
thing of the kind ever before produced iu a re-
•pectable deliberative body. He said you could
not kick the majority of this House into war!
This language is too disgraceful to merit notice —
in the manner it was applied, it is below the style
of a common alehouse, and will flx a stain on the
character of its author, which all Ibe evasions and
hypocritical explanations to which he may resort
cannot remove fof years to come.

But, sir, we cannot help inquiring what has et
this time produced all these unfounded charges?
And we are impelled lo conclude, they are the re-
lull of a preconcerted plan, as has been already
noticed, to continue the delusion in ihe public
opinion lo the Eastward, so as to influence the en-
luing elections in that quarter. On ibcir success
in this eSbrt rest all ihe hopes of the party. In
the late elections, with the aid of intrifrue and
misrepresentaiions, they succeeded beyond the
general expectations, and far beyond tfieir own.
Binee thai time a number of the false statements
which supported their cause have been completely
refuted by the pnblicatioo of oflicial documenis—
they seem lo consider their cause as likely to be
deaperate—they can no longer persuade the peo-
ple, that the embargo was intended as a war mea-
aure — that your councils are guided by French
influence — that you ate willing lo submit to all
foreign aggressions, and that the embargo ¥ras to
be permanent. All these absurd tales have had
their round, and are now no longer believed by
sny man of sense, Tbe last struggle, the forlorn
hope now, is lo persuade the people you are not
Mrious, you are not in earnest in your prepara-
tious to defend their rights and avenge their
wrongs. They hope by impressing on their
■njnds this barefaced falsehood, to be able still to
kad them in the paths of erroi^— ihcy tremble for
Ihe fate of their pany. — they pereeire cleariy that

Great Briiaio is pressed severely by the embargo,
and is likely to discover her error in giving credit
10 the false statements she received from them re-
specting the people of this country, and in all pro-
bability is on tne very point of accommodating
her differences with your Qovernmeol. In ibis
thev see a death blow lo the existence of the party
in this country, and they nse every means in then
power to prevent such event. Hence their un-
remiiied exertions to excite domestic disiurb-
atices, insurrections, and rebellion in ibe Easiera
Stales, with the hope thereby to commit the peo-
pl« decisively on their aide of the question, and
particularly to persuade Qreal Britain she has ■
strong party here on her side, and thereby induce
her IU persevere in her ag^ssions, and prevent
her from doing justice to this country. With her
they are willing to rise or fall, and they know
should our diO'ereiices with foreign nations bead-
iosled without disgracing our country, they vanish
forever as a parly. Such means pursued to eSeet
such objects, wilt draw down on their authors the
just indignation of tbeAmericBD people; charge)
so serious, and at the same time so groundless,
madeagaioai the Representatives of the national
Ibis important crisis, ought to be exposed and re-
pelled Dy every member of the majority on ibia
Hoor — and as one, I deem it my duty to pronounce
tbem, in the face of this nation and of the world,
so far as they were intended to apply to me, to be
slanderous and malicious falsehoods.

Mr. Qardshieb said he would not hare again
spoken in support of the bill ; but. he said, the
freedom of debate had been violated m the House.
A gentleman from Massachusetts (Mr. Qijikct)
had exercised a Constitutional privilege in ex-
pressing his sentiments; and he had been an-
swered in a manner calculated to wound his feel-
ings as much as language could do it. He con-
sidered the purport of such language to be either,
that a man must submit lo disgrace, or an appeal
to cold iron. [He was twice called to order by
Mr, Fibe; the Speakek decided each time that
it was improper to refer to personal combat.]
Mr. O. expressed his horror of the use of abusive
language. He said that, although the gentleman
from Massachusetts (Mr. Q,oincv) came from ■
country where the term cowardice was not known,
yet it was equally disgraceful to resort to a cer-
tain mode of resenting injuries practised in other
Slates. He hoped irritating language would, in
' lure, be dropped.
Mr. (iuiNCY said he should not have again
leo in this debate, did not the observations of
ihe gentleman from New York (Mr. Q*xi>Gif ier)
in a manner compel some explapatiou. The in-
terest he has been pleased to express on account
of the language which has bees addressed to me,
raid Mr. CU, is very natural to a gentleman io hii
siluation, and entitles him to my gralitude. But
the course of my education has inculcated other
sentimenu, and instilled different feelings. I have
been taught thai the just pride of life is only ■(-
tained by acquiring real honor among honorable
men ; and that ibis can only be effected by an
undevialingcourseof public and piiratecDsdiiet,

.yGoogIc

1165

HISTORY OP CONGRESS.

1166

J*(tctHY, 1809.

Extra Seuian.

H.orB.

directed bjr Eound prioeiple, and lermiDsiiDg,
whea it* marks and liraiit are fully uaderstood,
in a fulfillmeni.ar dulf. Such a courM I have
aiientpied to pursue io this debate, (hough it has
beea my lot to he mistaken or mjsrep reseated by
almoii every seuileroau who has uadertaken to
reply to oie. Towards neither of those who hare
seen fit to resort to such opprobrious language can
I feel any resetilment ; they are welcome to all
the adTBDtages theycaaderire from il.

It is my fortune — perhaps io theopioionof some
it, is my misfortuoe, to represent, not only n great,
a wise, a powerful, an intelUseDt, but wh>t,'iQ
that country, is valued more than all, a religious
people. OenilemeD very well understand, when
ibey as« terms in debate to whicii the customa of
this part of the country admit of but one species
of repiv, ihitsuch a reiiort is altogether prohibit-
ed by the aeotiment of that pait to which I belong.
They know that, so far from being hduor, it la
« disgrace, in my country, to avenge wrongs of
words in the way which la here, in a manner ne-
cessary; and that a successful issue, in such a
mode of venzeance, would there terminate the
hopes, as well of political as of private honor of
any man who, at luy period of life, should adopt
it. And 1 shall not, in order to gain the tempo-
rary applause of men whom I cannot respect, for-
feit (he esti-em of those whose goodopiaioa is, in
Ibis life, the most precious reward. This is my
sitUBtioQ ; I am sent here by such constituents to
•uppott their iotereits and malaiaia tbeir rights,
according to my appiebensionof them. My duty
in tfaesa respects 1 shall fulfil; nor shall I be de-
terred from performing it, by the asperities or the
violence of any friends of the present, or any fu-
ture Executive, of any, or all the royal cousins.

My argnment, such as it wis, will be laid, I
trust, fairly btfore the people; whether I have
passed Ibe boundary of parliamentary duty or de-
corum I cheerrully refer To their judgment. The
obserTBtions toade in reply have been one tissue
of mistakes. I ought to have interrupted eac
gentleman at least twenty times ; but if genlli
men cannot, or will not, understand th^ bearing
of an argument^ it does not become me to be
petuaUycorreciing them, irth^^insisiupond
lag up, in their own way, their rag-babies, and
wUl shake and beat them about for their (two
amusement, it is not for me to interfece. Cer-
tainly, I do believe with the gentleman from New
York, (Mr. aAROENiER,^ that the privileges of
this House have been violated. The ground which
I took was perfectly parliamentary — 1 openly
disclaimed, in the nutiiet,all personalities; Ican-
rassed only public men, and attempted to reason
concerning iWir intentions from their public con-
duct alone. With respect to the motives of this
House in passing ihe embargo, what I said upoo
that point was expressly stated as being, not in-
tended to criminate, or even directly to attribute,
%ut odIt as a mere recapitulation of all the mo-
live* wnicb had ever been suggested as ei
and this was dons solely to suppoit my m
gumeol, that none of these did include lh(
tivei which, as I undertook to thow, did operate

with the Eiecullve. Whenever what I then
urged shall be before the public, (be correctness
of this statement will be apparent. Thi* i* not
'' explaining away," sir. Gentlemen will noi take
the trouble to understand Ihe bearing of an argu-
ment ; they sit and tioie down some independent
:nee which' strikes their ear ; they seize upon
scraps which are, perhaps, only subsidiary or il-
' trativB to the general scope of the reasoning;
these they fiz, and these they rend, as though
they had in their grasp the substance of what

However, it was not my intention to enter even
■has fir into additional elucidations of ihii kind.
~~ lowing the- solid ground- on which I stand, I
have little solicitude concerning the effect of the
observations of the^e gentlemen; the force of their
weapon, if it have any, will only be felt in its re-
coil on themselves; for I have this great consola-
tion, in the certainty, that, where I am known,
nothing thote gentlemen can say will injure me:
and also io the further belief, that the eSect will
not be greater where thei/ are known.

No other amenddieot being offered to the billi
it was ordereil to be engrossed for a third reading.
The bill being brought in engrossed, a motion
was made that the same be read the third time
to-morrow: and the question being put thereupon,
it passed in the negative.

A motion was then made bj Mr. Shilig, that
the bill be now read the third time: and the

The said bill was, accordingly, read the third
time : Whereupon, Mr. Spbaeeb stated liie ques-
tion from the Chair, that the same do pass 7 And,
the question being taken, it was resolved in the
affirmative — yeas 80, nays SS, as follows : '

Yijis— Lemnel J. Alston, Willis Alston, jr., Gickiel
Bacua, WilUam W. Bibb, John BUke, jr., Adam Bojd,
John Boyle, Rabert Brown, William BuUer, Joaej^
Calhoun, Epapbroditus Chimpian, John Cloptoa, Or-
chard Cook, Richard . Cults, John Dawson, Josish

Gardner, Thomas Ohot(on,jr., Charles Goldsbo-
raugh, Peterson Qoadnjn, laKtah L. Green, John Har-
ri(, William Heima, Daiid Holmes, Benjamin Howud,
Daniel Haley, John Q. JackM>n, Robert Jenkini, Rich-
ard M. Johncon, Waller Jones, Thomu Kenan, Philip
B. Key, William Kirkpalrick, John Lambert, Joseph
Lewi*, jr., John Love, Robert Marion, Josiah Mailara,
William McCreery, William Milnor, Daniel Mont-
fomeiy, jr., John Montgomerj, NidiolH R. Moore,
Thomas Moore, Jeremiah HorioW, Jotm Morrow, Jona-
than 0. Mosely, Gordon 8. Mumfbrd, Roger Netaon,
Thomas Newbold, Thomas Hewton, Wilson C. Nicho-
las, Timothy Pitkin, jr.. John Porter, John Pugh, John
Re* of Prnaijlvania, John Rhea of Teuaeseee, Jacob
Richards, Matthiaa Richards, Ebfloezer Seiver, Deonia
Smelt, John Smilie, Jedediah K. Smith, Henrj SouUi-
ard, Clement Storer, Samuel Taggart, John Taylor,
James I. Van Allen, Archibald Van Horn, Robert
Whitehill, 1**BB Wilbonr, Atezander WiliMia, Nathan
Wilson, and Richard Winik.
Nxis— Bnrwell Bawtt, WiUiam BlacUedga, Una.
I Blonnt, Martin ChitlendMi, Matthew Clay, John Dav-

.yGoogle

1167

HISTORY OP CONGRESS.

1168

H.0

Addilional JUililaTy Force.

•Dport,jr., MHbark Franklin, Eilwin Gnj, Rich&rd
Jackion, J>me> Krll;, Matthew Ljon, Ntlbinid Mi-
Con, Joaiah QDincj, Jobn Randolph, John Rownn,
Jamea Bloan, Richard Stsnlbrd, AViUnm Btedman,
Lfwii B. Stnrgra, Bsnjamin TallmadBe. Abram Trigg,
JabM Upham, Philip Van CoitlaDdt, Hicbolu Van
Djk«, JaaM Whanon, and DsTid R. WilbalM.
Adjoaroed lo Monday.

M ON Day, Jaauary 23.

Mr. Macoh, rrom the tnauageri appoioted on
the pari of ihjs Bouse to altend a conleicDce with
the Senate oD the subject- to lUer of the ameiid-
DieDla depeDdinff belweeo lbs iivo Houiea lo the
bill, enlided 'An act aulharizing the appoiol-
meDtand emplofmeot of au additional nuniber
of navy officets, aeamen, and marines," reported
tbal they bad met the maoageri on ibe part of
the Senate, and. conferred freely on tbe di»gree-
iDg Totei of tbe two Homes; but coma lu do
agreement thereupon.

Mr. Lewis, from the Commiiteefor tbt Diairiei
.of Columbia, preaenied a bill reapeciins eii;cu-
lioDi for small debts in the county of Waihing-
ton, in the Diiirict of Columbia ; which was read
iwiceaodconiinilled to a Committee of Lbe Whole
on Wednesday oezt.

Mr. Hai.HEs, from the Committee ofClaimB,
presented a bill for the relief of I^aac Bfifrg:>;
which was read twice and committed lo a Com-
mittee of the Whole to-morrow.

Mr. FiBK, from the commiuee appointed the
Ifteenth of November last, presented a bill far
altering the limes and places for holding tbe Cir-
cuit Cuuri of the United States within the District
of Vermont; wbich was read twice and commit-
ted to a Committee of the Whole on Wednesday
next.

TheSpEAKEB presented lo the House a peiiiion.
in the French language, from sundry inhabitants
of Soussigaes, in the Territory of Michigao, pray-

. ifig thai such mcaxQre* may be adopteti, as Con'
ftrett in their wisdom may deem proper, for cau«-
fog a nomber of copies of the laws ol' the United
States, particularly such of the said laws as relate
to the Michigan Territory, to be printed li} the
French language, far the conTeoience and bene-
fit of the petitioners, and oiber inhabiianuof that
Territory. — Referred loMr- Wharton, Mr. MoM-
FOBO, and Mr, Key ; to eiamune and report iheir
opinion thereupon to the House.

Mr. Jkbemiah Mobbow, from the Commiilee
on the Public Lands, presetiled a bill concerning
claims 10 lands in the Mississippi Territory, grant-
ed by the Briiisb Government of West Florida;
which was read twice end committed lo a Com-
mittee of ihe Whole on Thursday next.

ADDITIONAL MILITARY FORCE.

Tbe House went into Commiltee.of the Whole
on the bill proTiding for ihe increase of the Mil-
itary Establishment. The bill eontemplates the
reiaing of 50,000 volunteers.

On the motion of Mr. Nelsou, the first blink
was BO filled as to limit the term of service lo

The Cot
the

.iitee n
'nts.

tnd reported the bill with

The House immediaiely look Up the report, and
irter kome observstiins in ojiposjiion lo the bill,
from Mr Milnor, the question on engrossing the
bill for a third reading, was taken by yeas and
nays and carried — yeas 73, nays 45, as follows:

YijB— Lemoel J. Aliton, Wiltii Aliton.Juo-, Eie-
kiel Bacon, Datid Bird, Burwetl Biss^tt, Wiliiam W.
Bibb, John Blake, jun., Thomu Bloant, Adam Bojd,
JohoBoyle, Robert Brown, William A. Buiwell, Wil-
liam Butler, JoHph Calhoan, John Clopton, Orchard
Cook, Rirhard Cutti, Jobn Daw«on, Joaiah Deane,
Joseph Deaha, Daniel M. Durell. Jahn W. Eppe*,
William Findley, Jamea Fi<k, Meshack Pranklia,
Tbranaa Oholann, jun., Peterson Ooodwjn. laaiab L.
Orecn, William Hrima, James Holland, Da*id Uolmaa,

Kenan, John Lambert, Joha Love, Robert Marian,
Williatn McCrearj, John MoDtgomeiy, NieholM R.
Moora, Tboa. Moore, John Morrow, Ourdon 8. Muqi-
ibrd, R(«ei NaliDii, Tho*. Newbold, Thomaa Newton,
Wilson U. Nicholaa, John Porter, John Pugh, John
Rhea of Tennessen, Jacob Richards, Lemuel Sanjer,
Benjamin Say, Ebcneler Seaier, Samuel Bhaw, Den*
nis Smelt, John Smilie, Jedtdtah K. Sniitb, John
Smilh, Henry Southard, Peter Bwart, John Tajlor,

■nd Richard Winn.

NiTs-^oseph Barker, William BlacUedge, Epa-
pbroditai Champion,! Martin Chittendaa. Malthew
Clay, John Culpeper, Samnel W. Dana, John Daven-
port, jun., Jaa. Elliot, William Ely, James M. GameU,
Ghules OoldabiMODf h, Edwin Gray, John Harria, JtAn
Heifter, William Uoge, Daniel Haley, Richard Jaok>
■on Robert Jfokioa, Joaeph Lewia, jun., MatUww
Lyon, Natlianiel Maooo, William Mitnot, Qanid
Montgomery, Jan., Jonathan O. Moeeiy, Timothy Pit>
kio,jun.,JouatiQuinn, John Randolph, ijamo el Rikar,
Jobn Rnwan, Jobn HUnell, Jamei Sloan, Samoel
Smith, Richard Stanford, Williun Stedman, Lewis B.
Sturgra, Samuel Taggart, BeDJamia Tallmidge, Jehn
l'hampw>n, Jabei Upham, Nicholaa Van Djke, Kil-
tian K- Van Rensielaer, Jesse Wharton. Robert
Whitebill, and Darid R. WilUama.

On tbe motion that tbe hill be ordered for ft
third reading to-morrow.

Mr. D. R. Williams wished thai it mighi be
postponed until ihe course which was to be pur-
sued should be determined. He alluded to a deo-
laration that was made some days since by Mr.
Bacon, that he would bring forward a motion for
the repeal of the emhnrgo, BI a certain period.
Mr- W. wished to have lbe question settled before
this additional force should be voted.

Mr. Nelson could not consent to a posipooe-
ment- He thought the country ought to he put
into an immediate state of defence, and it would
be unwise to repeal the embargo uniil that wa*
done. He apprehended no danger lo the libertiea
of the people from the lacrea^^ed force of the Uni-
ted States. From what he had seen of the mi-
litia, he did not believe them sufGciemly discip-
lined to he so immediately eOective.

Mr. Tallhadoe thought the bill of more im-
portance in respect to the interest of the people

.yGoogIc

h 116Q

HISTOET OF CONGRESS.

1170

Januaht, 1609.

Additional Mililary Force.

H.ofR.

than iheeentlemanfroin Marylaod (Mr. Nelson)
seeiDftl 10 imagine. He iherelbre moved that ii
should be ordered lo a third reading on rhis day
w«ek, lbalg«nlleiBen might have lime to.consider
the bill in all ita bearings.

Mr. Bacon wished for an Intermediate period,
Hesaid he should not shrink from the duty which
he had assigned himseir, in bringing forward a
resolution for the repeat of the embargo al do dis-
tant period.

Mr. Debha moTed that the bill be read a third
time on Tnursdaf neil.

Mr. D. R. WiLLtAH* (hought JTwar measures
-were resolved upon, the nation should know it.
If war was tbe object of the present bill it was
deeviTing the people,

Mr. Nelbon made some remarks in support of
the bill, and of a third reading to-morrow.

Mr. Lton wished the longest period named
might prereil. He wanted even to look over a
book of speeches, in which he found certain pria-
eiplet in direct hostility to the present bill maia-
lained by the gcrntlemsn who now fills the Chair
and the celebrated personage who is at present at
the bead of the Treasury.— He wanted to show
(he Republicans what they themselves had said
upon the subject. He called these men time ser-
vers, whose principles altered to suit the times.

Mr. NicaOLjis supported the bill, not on the
ground of its contemplating the raising of more
militia or Tolunieers, but as an army of defence.

Mr. Oardencbh moved that the third reading
of the bill siiould be postponed until the 22d oT
February next. Mr. G. took a wide view, in a
cpeech of about an hour, of the affairs of the
country, and of the present system of measures,
and hoped that gentlemen, if they would not con-
tent to go back, would at least consent to make
a short pause, and allow lime to have a complete
knowleilge of the state of the nation before ihey
should pass the present bill.

Mr. MicoM replied at length to Mr. Garhs-
Ntn, defending lae embargo and the other mea-
■aras of the Oovernment.

Mr. J. O. Jackson also spoke at length in reply
to Mr. Qardenier.

TheqiK

16,

a the

lays 65,

in was then taken by yeas and naysi
1 of Mr. Gardemer, and lost— yeas

N follows:

YiAi — Epaphrodiuu Champion, H*itin Chiltan-
den, Barent Gardeoier, William Hi^e, Sichaid Jack-
•on, Robert Jinkini, Matthew Lyon, Williani Miloor,
Jonatban 0. Moielj, John Ruuell, James Sloan, Wil-
liam StedmiD, Lewis B. Sturgei, Benjamin Tillmadge,
Jaba Upham. and Archibald Vin Horn.

Hxja — Willis AUion, jun., Eiekiel Baeoa, David
Bard, Barwell Baiastt, William BlackUdge, Thorn w
Blannt, John Bo;le, William A. Burwell, William
Butler, Joseph Calhoan, John Clopton, Richard Culls,
John Dawaon, Jouah Desne, JoaephDeiht, John W.
Eppes, William Pindley, Jas. Fisk, Meshack Frank-
lin, Fiancii Gardner, Thomas Uholson, mn., Petcnon
Goodwyn, Isaiah L. Green, William Helm*, James
Htdland, David Holmes, Benjamin Howaid, John G.
Jackson. Richard M. Johnson, Walter Jones, Thomas
Kenan, John Lambert, Nalbaniel Macon, Robert Ha-

Joiiah Mailers, William McCreery, John Mont-
gomery, Nicholas R. Moorp, Thomas Moore, Jeremiah
Morrow, John Morrow, GurJon S. Mumford, Roger
Kelson, Thos. Newbold, Thomss Newton, Wilson U.
Nicbolis, John Porter, Juhn Res of Pennijlvania, John
Rhea of Teoaetaee, Matthias Rkhards, Samuel Riker,
Benjamin Say, Etwnczer Seaver, Samuel Shsw, John
Smitie, Jadediah K. Smith, John Smith, Samuel Smith,
Henry Southard, Clement Slorer, John Taylor, Jamea
I. Van Aieu. Isaac Wilbour, David R. Williams, and
Alexander Wilson.

A motion was made by Mr. Tallhadob, that
the said bill be read the lime on Monday next:
Bad the question being put thereupon, ii passed
" the negative.
A motion was then made by Mr. Nelson, ihM
e said bill be read the third lime on Wedpesda^r
It: and the question being taken thereupon, it
IS resolved Jn the affirmative.
And on moliou, the House adjourned until lo-
rn oriow.

TpESDAY, January 84.

Tbe SpEAKBft laid before ibc House a letter
from tbe Secretary of ihe Navy, accompanied
with a report of the Commissioners of the Navy
Pension Fund, and sundry statemeots marked A,
B, C, D, and Si, prepared in pursuance of the
"Act for tbe better government of the Navy of
the United Slates ; which were read, and ordered
10 lie on the table.

Mr. Say presented a petition of the President
and Managers of the Susquehanna and Tioga
Turnpike Road Company, praying that the Se-
cretary of the Treasury, for and on behalf of the
Uoited States, may be authorized to subscribe for
such a nutnber of shares of the stock of tbe said
compaiiy, as to the wisdom of Congress shall seem
meet. — Referred to the committee appointed, the
eleventh of November last, on lo much of the
Message of the President ofthe United States at
the commencement ofthe present session, as re-
lates lo tbe disposition of the surpiusses of our
revenue in tbe improvement of roads, canals, riv.-
era, and education ; lo examine and report theii
opinion thereup9n lo the House.

A message from the Senate informed the House
that tbe Senate have passed a bill, eotiiled "Aq
act supplementary lo the act, eaiuled 'An act to
amend tbe act, entitled 'An act esublisbiog Cir-
cuit Courts and abridging the jurisdiction of tbe
District Courts of the districts of Eeniucky, Ten-
nessee, and Ohio :" also, a bill, entitled "An act
making appropriations to complete the fortifica-
tion, commenced for the securitv ofthe seaport
towns and harbors of Ihe United Slates, and to
defray the expense ofdeepening and eilending lo
the iirer Mississippi Ihe caaul of Carondelel;"
to which bills, respectively, they desire tbe coa-
curtence of this House. The Senate adhere to
their amendments to the bill, entitled "An act
authorizing the appointment and empioymeni of
an addiiional number of navy officets, seamen,
and maiines," to their disagreement to which tlus
House hath insisted.

.yGoogIc

HISTORY OP CONGRESS

1172

H. or R.

fhrtificatiotu — Preparationt for War.

Jakoabt, 1809.

FOHTIFICATIONS.

Th« House rexolTed ilKtr inlo ■ Commlilee of
Ihe Whole OQ [he bill raakiDg appropriaiioDs to
complele the fortiGcatiooi eoninieacea for tbe se-
cuTitf of the leapori towns ind harbors of the
Uoiled Statei, fttid to defray tbe expense of deep-
«niDK and exleoding to the lirei Miuisaippi the
caoal of Caroodelet.

Mr. Blount moTed to Gil the blank for the lum
with 9450,000, aod read the foilowiDg Miimaie of
the sums accessary for completing the foriifica-
tioDs in each Slate for ibe ensuing year :
Far the mtct*! worki at uid DMi N. Orleani 986,000
Foi io. in the Suti of Georgia - - - 60,000
For do. in Iha Stale of South Carolina - - 30,000
For do. in the State of North Carolina - - 10,000
Fordo, in the Slate of VirginiB - - - t 3)
For da. in the Suteof Marytaad • - - II
Fordo, in the State of Delaware . • - U
Poi do. in the State of PeansjlTania - • C>,DO0
Fordo, in Ibi SUIaof'NenJene; - • 14,000
Fordo, in tbe State of New York- • - lOB.OOO
For do. in the Bute of Connecticut - • 34,000
For do. in the State of Rhode TiUod - - 8,000
For do. in the State of Maasach'ta and Maine 39,000
For do. in theStateof NewJiampahite - 4,000

Total

•448,000

The motion was agreed to, without a diTisioo.

Mr. Van Dtke raoved to insert, at the end of
the aectioQ which provides for compleiiog the
works alreftdy commenced, the words, "and foT
creclincsuchotherfortificBtioaa as maybe deemed
necessary." — Agreed to, without a diTJiion.

Mr. GoLDvBoitauoi) moved to strike out of the
bill the words, "exclusive of the contemplated
liiie of blocks and chains across the harbor 01 New
Tork,"and insert a proviso that no partof the mo-
ney appropriated by this bill should he employed
ia that mode of defence, and that the materials
provided for it should be sold, and the proceeds of
the sale be appropriated to other fortificaiioDi.
This moliOQ was opposed by Messrs. Bdhwell
and Blodnt, and aherwards withdrawn.

A motion was made by Mr. MacoK, to strike
out the second section of the bill, (respeetiog the
«aoal of Caroodelet.) This motion was super-
seded by a motion of Mr. Dana for the Commit-
tee to rise, in order lo recommit the bill; on which
motion, a dehaie look place of two or three hoars
in leogthj turning principally on the question of
the propriety of that mode of defending New Oi
leans. Motion to rise lost— 47 to 40. Motion I
strike out the second section lost— 55 to 40.

The blank io the second section was filled with
•35.000.

Mr. Newton moved a new section, to author
ize the President of the United Slates lo cause i
survey of the land lying between tbe bead ofihi
Eastern branch of Elizabeth and Lyonhaven ri7
era, to ascertain the practicability of cutting a cana
•cross.— Ne^ lived, ayes 10.

The Committee rose, and reported the bill a:
•roeoded, which was ordered to be eogrosted for
« third reading.

PREPAHATION FOR WAR.

Mr. Nicholas said, that there never was a peri-
od in any country which more required the union
and exeriionof all its citizens lo extricate it from
its difficulties, than the situatiou of ihia couDirr
required at the present time. The two most pow-
erful nations of the world, said he, are in a sut«
of war against ibis country. Their aggressions
against us have been continued for twelve months,
whilatwe have used every honorable meaus ia
our power to avoid war. I hate repeatedly de-
clared my determioaiion necer to submit to the
wrongs received; ibal when the embargo failed,
we must resort to the valor and pairioliam of oni
citizens. Sir, we have too much reason to believe
thai the moment is at hand when nothing elae can
eiirieaie us from our difficullief. My atlenlioo
has been pariicularly called to the necessity of
measures of Ibe sort I am about to propose, from
the opposition made to the preparation for war I7
geotlemen who rely mostly upon (he embargo asa
coercive measure, and declare, that as loogasit
continues, 00 preparaiion should be made with a
view to a state 01 war. If the country remains
io a situation unprepared 10 meet war, until the
period when every maa would be satisfied that
the embargo ought to ha raised, we shall be com-

Celled lo continue it six, eight, or ten months
lo^er, till we can prepare for actual war. But,
air, 10 our preparations, mere defence should not
be the sole object. We are the injured party in
the contest. This state of things imposes upon
us the necessity of being prepared to prosecute the
war; because, if we iee)L redress for injury, the
mere defence of tbe country will not answer the
purpose i and iherefure there is ihe greater neces'
sity for eileosive preparation. After theae ob-
servations, Mr. N. offered the following resolutioa,
which he moved to refer to a Committee of the
Whole:

Retohed, As the opinion of this House, that th« Uni-
ted State* ought not to delay beyond the dav of

to npesl tbe embargo lawa, and to tasume, main-
tain, and defend the navigation of the high seas against
any nation or nationi having in force edicts, orders, 01
deneea, violating the lawful commerce and naatial
righta of tbe United Sutes.

After a few observations from Mr. Dak a, ex-
pressive ofa wish to sepa whole system, and Iha
object of the preparation for war precisely defined,
eznressing at the same time a desire to give the
suojecl an early consideration, the resolution was
made the order of the day for Monday next, in
preference 16 to-day— 53 to 45.

Wedkesdat, January 35,
The Spbakbs laid before the House a letter
from the Secretary of ihe Treasury, accompany-
ing certain papers exhibiting the insirnciions
which have been transmitted by him lo tbe Col-
lectors of the Revenue and other officers of the
United States, in relation lo the act laying an
embargo upon all-ahips and vessels io the ports
and harbors of the Untied Stales, aod the several
acta supplemenlary thereto ; also, the Ofimes and

.yGoogIc

1173

HISTORY OF CONGRESS.

1174

Janoaht, 1809.

CoUeeiorthip ef Bo$ton.

H. OF R.

Cees of residence of cerlaio persons irbo haTe
D detected in violsiiDg the embargo laws, pre-
pared JQ pursuance of a resDluiion of this House
of the founeenlti of November last.

The naid letter was read, and, together with
the papers trausmilted (berewilb, ordered to lii
OD the table.

Mr. BijKwGLi. presented a metnorial of the Pre-
sident, Managers, and CoinpaDV, of tlie Pbiladel'
pbia, BraDd|wine, and New LoodoD Tumpiltc
Road, prating the aid and patronage of CongTess,
to enable ibe said cDOipany to open and complete
aroad from the city oi Philadelphia, by Chadd's
Ford, on Brandywiue, and New London Croas-
Roads, to the line of the Stale ofPeonsylvania,
in a direction towards the ciif ofBalti more..— Re-
ferred to ih e committee appointed the efeTenih of
NoTember last, on so tuuiih of the Message from
the President of the United States, at the eom-
raencemeat of the present session, as relates to
the disposition of the surplussea of our reTenue in
the improreaieoi of roads. canBls,~riTers, and edu-

On motion of Mr. Cloftoh, that a p<Llition of
sundry British merchants, and others, subjects of
His Brilannic Majesty, presented on the twenty-
first of December, one thousand eight hundred
Bad four, and praying ''that ibe power and au-
thority granted by law to the Federal Circuit
Courts, may be extended to the trial and determi-
Qitjon of ' all cauieg ariting uader Ireatiea,^ or to
causes where an alien Is a party, in which the mat-
ter in dispute, eicluiure of costs, is under the sum
of five hundred dollars ; or that such other tribU'
Dal may b« established for the trial and determi-
nation of the said causes as to the wisdom of Con-
gress shall seem meet," be referred to the consid-

Mr. C. stated that, in making this motion, he
was far from having any desire thpi the prayer of
the petition should be granted ; oq the contrary,
be was very mucli opposed to it, but that he Inaae
the motion solely to comply with the solicitation
of an agent of the petitioners, residing in the
district be represented, who bad earnestly re-
quested him to call the subject into riew, and
endeavor to obtaio a final decision hyihe House.
Motion for reference lost— ayes 33. The petition
was laid on the table.

C0LLECTOR8HIP OF BOSTON.

Mr. ClomoY,— Mr. Speaker, I rise to perform a
great duty; but one imperiously demanded, an I
apprehend, by my station, and by ibe knowledge
of facts which I hive in possession. By the sec-
ond section of the first article of the Consiiiu-
tioD, this Ho nse have ''the sole power of impeach-
ment."

This duty, always painfal, it must perform, if
occasion calls for it. And every member who
has reason to beliere that a high criine or misde-
meanor has been committed, is bound to state
that opinion to the House, and to move st^iih an
inquiry u the nature of the supposed offence
demands.

Of all tbe duties of the BzeculiTe M«gisli>t«

of this nation, that in relation to tbe filling of
important public offices Is the most critical, the
most likely to be abused, and the one which this
HousB DUgbt most scrupuloufly to waieh; be-
cause these appointments are the avenues of cor-
rupt influence; and, of all species, perhaps, that
is the most dangerous which keeps men, then
acting in bigh official stations, subject to such au
influence by not only the actual perception of (he
profit of the places which they hold, but by the
assurance of further lucrative advancement, in
case of continued fidelity to him who holds the
distribution of ofiices. ITnder this aspect, sir, I
do not hesitate to declare my opinion, Itial a high
misdemeanor has been committed against this
nation, concerning which it is llie bounden duty
of this House to inquire, and either to remove
the ground of suspicion, or establish tbe fact be-
fore the world. This Is the charge which I ex-
pect to substantiate: That the collectorship of
the port of Boston and Cbarlestonn, being a
place of great trust and importance, and also of
ample emolument, has been now for more than
two years, kept, in a manner, vacant, and ever
since left in the condition of a sinecure, in the
hands of the then incumbent, after the Executive
had full information of ibe fact, for the purpose
of keeping the said office in reserve for Henry
Dearborn, long a member of the present Admin-
istration, then and now Secretary of War.
The facts I expect and am prepared to prove

First, That, In November, 1806, Bcnjamiu
Lincoln, Esq., collector of that port, did write to
Ibe President of the United States, slating his
infirmities and advanced years, and asking leave
to resign at the end of that year.

Second. That be did receive an answer from
the President, id December following, expressing
a high sense of bis Refoluiionary services, and
requesting bim to give him a lillle longer lime to
took out for a suitable character to fill the said
office, and limiting the time lo the last of March
then following, viz; Miirch, 1807, "beyond which
he assured him he should not be detained." That

Third. That no appoininjent in March was
made, and that General Lincoln did, on the 30ih
of September, 1807, write lo the President stating
his infirm itles,'and total inability to perform the
duties of his office, and again requested lo be re-
lieved from bis office, at fanhesl, by the end of
ibal year; that to this he never received any

rueh continuance, in a liiuaiion totally unable to
perform any of its dories; lo much so, ihat ha
has not been in tbe town of Boston since June
last.

lo far the facts are to be proved, as I hare
ion to believe, in a court of law. The next
faci, I have no doubt, will be made out perfectly
the satisfaction of the House and nation.
Fifth. That this office has been (bus kept, in

.yGoogIc

HISTORY OP CONGRESS.

H. OP K.

CoUectortkip of Botlon.

Jamdabt, 1809.

I, for the

effect Tieant, foY more tbftn
purpose of gratifyingafavuriteor tbe Uxecuiire,
Henry Dearboro, Secretary of War, by iliai ap-
poiotrntut, and tbat for him it has been, in this
manner, reserved.

I need not use any BtgumcDU to show (hat
ibete facls, if ihey be proved, eoaslitule, to say
ihe least, a bigb misdemeanor, into which this
Houie ought to inquire, and to take such course
thereupon as to its wisdom shall seem expedient,
under the high duties imposed upon il by the

" latilull

la

taally impelled lo (his duty by a para-

, " duly . .

graph in a paper, the National Intelligencer, of
this day, Trhicb I now hold ia my hand. In (bis
paper, Major Qeneral Benjamin Lincoln, one of
the chief glories of our Revolution — a hero, the
lialtiDS TiciiiD of war— his body all seamed »nd
scarred with wounds gotten ia the cause of bis
country, now on the brink of the grave, bis lau-
rels never yet tarnished) and ihougb the aged
loot is descending into the tomb, yet (heir leaves
upturn to the eye of a youthful green, and shed
all around a celesliaL frwrance — This hero, the
companion, the beloved friend of Wabhihotok,
is stigmatized as '' ^ Federalist, whom the for-
bearance of the Ailminiairaiion has long retained
ID office, in opposiiiom to the wishes of a respect-
able class of the community." I have not lan-
guage to express roy indignation. And I am
quickened to a duty which I had before made
some preparation (o perform. 1 there/ore move
ihe following resolutions:

Raoktd, That th« Preiident of the Uaited Btalea
be requBstsd to lay befoia ifaii Hrnue all connpoml-
eBCM touching the sRcrs to reaiga and thfl lenguatioo
of his offics, by BeDJamin Lincoln, Esq., Ut» collector
of the port of Baaton and Charlealowo.

Rttohed, Thit a committei be appointed to inquire
into Ihe causei which preTentad the acceptance of the
rasigDatioa of Benjamiii Lincoln, late coliector of tha
poii of Boston and Churleslown, in the year* 1806
and LS07, and into Ihe reaaona which have occasioned
a poatponement of the appointment of a aucceseor, and
that they report the result of anch inquiry to ths

The House afrreed to cdnsTder the resolution]
—yeas 93, nays 24, as follows :

Yais— WHIis Aleton, junior, Biekiel Bscon, WU-
,liam W. Bihb, Wiltiun filacUedge, John Blake, inn.,
Thomas Blount, John Boyle, Robert Biown, VViUian
A. Bnrirell, Joseph Calhoun, John CamobeU, Epaph-
Todinu CbaiDpian, Martin ChiUenden, Matthew Clay,
John Clopton, John Culpepei, Richard Cutts, John
Davenport, Jan., John DHwaon, Joaiah Deane, Joseph
Deaha, Duiiel M. Durell, James Elliot, WiUiam Ely,
John W. Eppca, William Findley, Jame* Fiak, Fmn-
da Gardner, James M. Oarnett, Thomas Gholeon, jr.,
Charlos Ooldaboroug-h, Petenon (loodwyn, haiah' L.
Green, John Harria, John Heiater, William Hoga,
Pavid Holmea, Benjamin Howard, Reuben Humphreja,
Robert Jenkins, James Kally, Joseph Lewis, junior,
John Lova, Matthew Lyon, Nathaniel Macon, Robert
Marion, Joaiah Mastera, William McCreeij, William
Milnor, Daniel Montgotoery, Jun., John MoDtgomery,
Thomas Moore, Jeremiah Morrow, John Morrow, Gur-
don 8. Mumlonl, Thomas Newton, Wiison C. Nidio-

laa, Timothy Pitkin, ianior, John Porter, Joaiah Quin-
^, John Rudolph, John Rea of Pennsylvania, Jacob
BicharUa, Hatlhiaa Richard*, Samuel Riker, John
Rowan, John Russell, Benjamin Say, Ebeneier Seavcr,
James Slasn, John Smilie, JohnSiiiilh, Samuel Smith,
Henry Soutbird, Richard Stanford, William Stedmui.
Clement Storar, Lewi) B. Stnrges, Peter Swart, Sam-
uel Tsggart, Benjamin Tallmadge, John Taylor, John
Thompson, Abr<m Trigg, Jabex Upham, Jamea f. Van
Alen, Philip Van Cordandt, Ntcholu Van Djke, WO-
lian K. Van Renaelaer, Daniel C. Verplanck, Jeaw
Wharton, David R. Williams, and Nathan Wilnm.

Nai* — Leionel J. Alston, David Bard, Jowph Bar-
ker, Burwell Bafsett. Adam Boyd, William Butler,
Meahack Franklin. William Hal mi, John G. Jackson,
Daniel Uiley, Richard M. Johnson, Thomai Keoan,
WillianiKi^patrick,JobnL«mbert,Nicliola*B-Moan,
Rogei Neliou, John Fugh, John Rhea of Tenneasea,
Lemuel Sawyer, Samuel Bbaw, Dennis Smelt, Jedo-
dish K. Smith, Aleiamler Wilson, and lUchard
Winn.

Mr. fttiiKCV moved that they sboul<] lie on the
table until to-morrow, and be printed.

Mr. Gbolsoh said, he- hoped that they would
neither lie on the table uoi be printed. He ac-
knowledged that ibe prcieot aitcmpt bad excited
bis asioDishmeni mote than auythiog which had
occurred during the session. He could scarcely
credit bis hearing, when a jnember rose and mov-
ed to institute an inquiry with a view to impeach-
ment on a subject like this. What was the
charge? Was it a charge ufmal-administrationl
Wa.i it any charge which would autborire the
course pursued T Was il alleged that the duties
of collector had not been faithfully performed!
Nothing of ibis had been urged. But the Presi-
dent had not appointed^ person to fill (he office
of collector. Mr. G. said that the late collector
bad only resigned witliin a day or two, and there
had been, therefore, no vacancy to be tilled. The
former collector bad an undbubteil right to reiign
whenever be thought fit, end bad not resigned.
Why. then, this ridiculous proposition'? If the
collector bad resigned, the President would have
been compelled lo fill the office, but this was not
the fact. He hoped, therefore, the resolutioQs
would receive an immediate rejeclioa-

Mr. Burwell said he partook of the lurpttse
of hi* coJleaeue at the resolutions just submitied.
He knew ofTjut one purallel lo it, in the bisiorf
of impeachments, and that would be found in
Gulliver's Travels. Tlie tecoUeeiion of geaile-
meo would save him the trouble of specifying
the particulars of that cane. The gentleman
wanted an inquiry into the reason why the Pres-
ident did not wish to accept the resignation of
Mr. Lincoln. How would a committee of this
House proceed iu thisinquiryl They must either
BO to the President and ask him the motives of
his conduct, or they must have some other mode
of peneitaiiog his motives. After the hand-
soroe panegyric of the gentleman on the lata
collector, Mr. B. asked how he could come for-
ward and impfach the President for keeping in
office a man whose merits transcended all descrip-
tion 1 It appeared to him, from (he speech of the
genilcmBD, that he had been long in possession

.yGoogIc

1177

mSTOBY OF CONGRESS.

1178

Janoabt, IS09.

CotUelorahip of Bottrm.

H.orR.

of these facie. The paper of ihii maiaxag cer-
Uinly could not hsve gone lo Boston and return-
ed since its publication. Tfae genllemaa ransl,
therefore, have been previously pOEsessed of this
ioformation ; and whf, if it vbi i<0~Tery import'
ant, had it not been pre* iounly brought forward 7
At to the subject of this appolntmenc being dea-
tined for any particular person, Mr. B. obierred,
that the President, jf he bad any sneh intention,
ceftaisly had not commanicated it to the gentle-
man from MassRcbasetcs. The gentleman's state-
ment, id thi! respect, moat therefore be mere in-
ference and coDJeeiure ; and however the gentle-
man's pasMons had been influenced by a paragraph
in a newspaper, his ideas thus excited could not
haTd an influence on tbe judgment of those who
were not nnder ihe same iiYiiaiion. If the gen-
tleman from Maisachuaetls wished lo conduct an
inquiry to any reiutt. he ought to show that Ihe
misconduct of the officer in question had produc-
ed effects which ought to have compelled the
President lo remoTe hjra. If the gentleman
would show that the revenue had been defrauded,
or (be laws evaded [hrough negligence, or by
his connivance, and that the President, having
knowledge of snch facl.i, had refused to remove
him, there might be some ground for the reso-

Mr. Love asked of the gentleman from Massa-
chusetts when the late collector actually resigned,
and whether the genileman knew of any miscon-
duct of the oflicer alluded toT If so, whether
this had been within the knowledge of tbe Presi-
dent ofihe United States?

Mr. QoiNcy said, whether it was or was not an
offence to keep in an office, the salary of which
is flve thousand dollars a year, a man who had
declared bii inability lo execute it, was for the
HooM to deiernMoe. The charge which he made
was siroplf this: that an officer had been com-
pensated (or doing bo services, and kept in a sit-
uation the daties of which be was unable to per-
form. It was an offence that so great an office as
ibe collector of Boston should be kept in this
position ; the Utiited States paying to an individ-
ual 5,000 dollars a year for inadequate services,
eontrary to the ezfnvss wish of che gentlenriin
himsi^lf, who, ever since JuD^, had not been in the
town of Boston; and, of consequence, tbe eiecu-
lion of tbe duties of the office had been totally
dependent on one individual, ihe deputy collector.
You send a law on, said Mr. Q,., to be executed
and by one individual. The deputy aeys he will
not act ; the collector is unable to act, and the
consequence is, that ihft law is not executed. In
answer to the qereation whether the country has
■offered, Iwill state a fact; the deputj collector
of that port hftd a right to resign his (H£ce to the
collector; and, if the collector bad been an effi-
cient man, there would have been no difficulty ;
but, because he was not efficient, the law is not in
a state of execution. I take this position, because
the facta which I have staled cab be proved.
Whether Ihe House will or will not agree to
these resolaiioDs, is no concern of mine ; nor, if
gentlemen choose to utter any afaus^ do I leganl

it ; I stand before this nation, and fear not to do
my duly.

Messrs. JoaitaoK , W. Albton, D, R. Wi luaus,
John Q. Jackson, Dana, McCbeeby, Rrea,
Macon, Bibb. SotTTHARD,MABTGBB,F[aK, Sloan,
Rowan, and Key, Cullowed Mr. Q.iTiNcy In debate,
all of whom diff<^red with Mr. Qcincy as to the
propriety of adopiiiig the resolutions. Tbe rea-
sons assigned by gentlemen were rarions, btit
generally to this effect : that it would be indecor-
ous, if not beyond the power of this House, to
call upon tbe President of tbe United States for
his private correspondence with any individtial,
without doing which it would appear that notie
of the facts could be established ; that were the
facls established, and the charges maintained,
they conMliuied no crime or misdemeanor, and it
was said by some gentlemen, no ground for repre-
heosioti ; that, in constituting no crime or misde-
nieanor, it was not a matter coming within Ihe
cognizaoceaf theHouse, or on which an impeach-
ment cnuld be grounded ; and beinj; amaiter, on
which the House had no Consliiutiooal power to
act, it was also a matter into which it was not
their province to inquire.

Mr. Bacon said, that whatever might been his
feelings on the subject-matter of these resolutions
at the moment when they were first propounded to
the House in so menacing a style by the honorable
mover, yet, from tbe course of reflection which
had since Ukeo place in his mind, as wull as from
a Tiew of the reception which the resolutions
bad sitice met with on all sides of the House,
the feelings which their exiraordiaary nature
were at first calculated to excite, bad in his
bosom totally chaitged. He really thought that
the geatleman, by- \.\ie indiscreet course which
he had taken on the occasion, had reduced him-
self to a condition in which he was an object of
sensations very different from those of resentment.
For himself, he now harbored no other pansions
in relation to him than those of sympathy. It
was now very evident that his ill advised zeal
had led him into a labyrintb, where his own
political friends could not consent to follow him.
From the first moment when the proposition was
submilted, he had not entertained a doubt that
Guch must be the result ; he had too high an opin-
ion of the hono^ble sentiment and correct prin-
ciptes which he must presume would ever govern
a large portion of the minority of that House, to
suppose that they would conduct otherwise. It
was now clear that the mover of these resoluiions
having been foriome time past plunging on from
one degree of extravagance to another, liad at
last brought himself to a point where he must
either stop, or travel by himself.

What 1* really the sum and substance of this
mighty aceosation Which is brought up as a sol-
emn ground of impeai:hment against the Chief
Magistrate of our country, even according to ihe

Sentleman's own showing? It is not even that
« refuted to receive the resignation of a public
officer, because it is not until within a few days
that it has been speciBcalljr tendered; this is a
thing whieli is always within ibe power of that

.yGoogIc

1179

HISTORY OF CONGRESS.

ColUetonkip of Baton.

Jaruirt, 1809.

onir, Ihen, ihal ihe President had persuaded tbe
CoUecloi of BoitOQ to deUf the period oT hi^ ac-
taal resianalioa, and lo coDtinue in the occupa-
tion of bis office Tor a longer .lime than he wa)
desirous of doiagr, in order thai ii might after-
wards be conferred upon another person to whom
it was not then caDTenienlto receive it, or whose
aervicea were then needed in another capacity.
Weil, sir, allow all these facts, of which, however,
as a public man I can know noihinfj, to be true in
their foil extent, what is there reprehensible in
if? and who has been injured by the procedure 1
Not General Liocola certainly, for he had it ia
hia power at any moment to retire by an acttial
resigoatian. It is not alleged that during the
two years for which the office is laid to have been
Ibuj held, the public service has suETered, either
by uafaitliful or negligent performance of duties
attached to it; this is not even pretended. But
when pre3»d on thic point, which the rentleiuan
appeared lo feel fully the force of, he Brings for-
ward the circumstance of the preient slate of io-
ezecution in which our laws are placed by Gen-
eral Lincoln's tesignation, and that of his deputy,
to prove that the public service has in this way
suffered, and adds that this state of things might
hare been prevented had Qeneril Lincoln's place
been early supplied. Now the saruii gentleman
had Ions since told the House, that it was utterly
out of the power of the Oovernineot to carry out
laws into execution by any human means what^
ever, and to-day we are told that this inexeculion
in the port of Boston is attributable to the i
of an earlier appointmentof a collector; It li for
the gentleman to gel along with these paradoxes,
no one else can. But there is something in the
circumstances of these sudden resignations, given
in at a critical moment, which bespeak a precon.
eeited and systematic design to defeat the opera-
tion of our laws, embarrass the Government, and
prostrate the nationni honor at the feet of faction
and anarchy. Another instance of Ihe same cha-
racter has just been mentioned by a gentleman
from South Carolina, and is perhaps to be fol-
lowed up by all your revenue officers of the same
description of politics with the late Collector of
Boston; and thus in « moment is the authority
of our laws trodden down, and their obligatioos
sported with, by men who. have long been stand-
ing evidences of iha toleration and moderation of
the Government, and who have lived upon iti
particular bounties; to me, sir, conduct of ihii
sort speaks a language which it is impossible t(
misialfe,and excites emotions which it is perhaps
belter lo repress.

Sir, the name of General Lincoln would not
by me have been wantonly dragged into this de-
bate, nor should I have presumed .to sport with
any animadversions upon the conduct of a man
venerable for his years, and respectable for his
Revolutionary services and achievementa bad he
not have suffered himself, as is manifest from bis
own connivance at least, to have been ushered
into this House, through the indiscreet zeal of

his own unlucky friends, as the weapon by which
they would annoy the Chief MaEislrate of oar
country. Far be it from me to indulge in regard to
such a character any reproachful epithets, or any
language which (be disparity of our age and
standing would render indecorous and improper.
Bill there are some cireumstaneea crowing out
of the disclosute which has to-day bees laid be-
fore the House by uy colleague, which it is im-
possible to overlook, or to contemplate with en-

What are the facts ai slated by the geotle-
man himself! That General Lincoln, though well
known to have been utterly opposed to the preaent
Chief Magistrate in bis political sentimeuts and
conduct, has through the liberality of the Govera-
ment — perhaps no more than its justice — been
permitted for these eight years past to continue
in the Msaestion of ■ most honorable- and re* poa-
sible office, and in th$ reception of its great emo-
luments to the tune of five thousand dollars a
year, and that in opposition to the wishes of the
political friends of ine Executive j and what ac-
cording to the gentleman's iiatemeoi is a stilt
greater stretch of indulgence, that for nearly two
years he has even been suffered to retain it as a
sinecure, without the performance of its ordinary
duties ; and for all this liberality and all this in-
dulgence, what is the requital which that officer
and his friends return to the Oovernmeot 1 The
one furnishes to the other that sort of evidence
by which it is vainly hoped that this very indul-
gence may be turned as a weapon STainst hia
benefactor, and be made the ground of a public
accusation. As to this fact it is not piossible I
should be mistaken ; for though it is not iiaied
by my colleague that the evidence which he has
adduced has been put inln his hands by General
Lincola, yet it must be evident that the letters
which paased on ibis subject between himself
and the Executive, and which the gentleman
states are in his hands, could only have been fur-
nished, either directly or indirectly, by General
Lincoln himself. What apictuie does thisstate-
ment present! A man who for a long period of
years has lived upon the liberality of the Govern-
ment; who, by ine favors that he has been per-
mitted to enjoy trom the bounty of the nation,
ba» amassed aliberal fortune, desaita its service
and abandons his post at a most critical and im-
portant moment, and then to avert from himself
the public censure and indignation, (urns and
endeavors to wound the hand that has fed him,
and raised him from penury and want to afflu-
ence and ease 1 Throwing for a moment out of
view the utter futility of the charges as they are
attempted to be laid, I'aetf is something in the
means by which they have been got up, that is
too mteriy revolting to every honorable sentiment
of the heart tu allow one to think of it with com-
posure. The public feelings cannot with impu-
nity be thus wantonly sported with, nor can the
public indignation by any stratagems of this sort
Ik diverted from its proper object. It will fasten
upon thoie. and those alone, whi^by a precipitate
aud probably preconcerted abanaonmeoi of duty

.yGoogIc

1181

mSTOEY OF CONGRESS.

Jahdart, 1809.

CoiUebirthip tif Boston.

H.opR.

I the deputy
i ibe kw, Doi

at ■ critical momeat, have suffered the Qovern-
ment of iheir counirjr lo be set at deGaaee, and
ibe authority or the Daiion defeated and tram-
pled apoD.

In reply tu the observalion of TarioDs gentle-
meo igaiosl his proposiiioD —

Mr. Q,uiNCT observed that neither the asperity
of his political opponent*, nor the diHigreeiueni
of his poLiiical friends, would change liis raiDd
on a Eubjeel which he had well cooiidered. If
he was in error concerning the charge, or raiher
allegation, which he bad made, he was willing to
itaniJ before the nation alone in support of it. It
gave him DO sort of pain or aaiicty. Mr. Qr
replied to several incidental ohserTations made
by jgentlemen in tbe course of the debate, but
which are not noticed in the course of the pre-
ceding sketch. In relation to the '
ibe late embargo law, he said tbi
collector had not dared Id eiecui
from any insurrection or disobedience to the
laws, but from a determination in the commu-
nity to bring the lawi of the Unitcd'Slatrs, where
he hoped the people of this country always would
bring the laws, to the decision of the judiciary.
Id particular cases, said Mr. ^, genitemeu whote
Teasels were loaded with property to the amount
of perhaps eighty or ninety thousand dollar*,
were called u|>ud by your laws either to give
bond in six times the amonni of the cargo, or to
nnioad their vessels. They refuseto unload ', the
collector breaks open the hatches and takes pos-
session of the properly ; and as soon as that is
done, he must giTe boud in the Slate conris to
Ibe amount of tlSO,000, or double tbe amount of
the propertT seized. This it a civil ri^ht of (be
citizen. Tne instant your officer begins to eie*
cute that taw, before one day is at an end. he
will have been obliged lo give bond in a million
of dollar*, or to bare gone to jail. The deputy
collector, therefore^ coiild not put at hazard tbe
whole hopes o^ himself and bis family by ixe-
cating a l»w which bionghi him into such obvi-
oiu danger. Oenileman say that I admitted that
this Uw might have been executed. That was
not the bearing of my expression. It was, that
if the law conid have been ezeeated, the bead of
the office, if an' efficient man, would have been
competent to execute it ; but not when that head
is an individuarwho is absolutely from infirm-
tiy confined to bis house, and almost to hit bed.
The misfortune is that there is not now a re-
sponsible officer to execute your laws ; and it is
this which has led to the present motion. Mr.
Q^ said thai, convinced that it was proper that
■n inquiry should be made, noiwithsianding gen-
tlemen near him bad asked him to withdraw bis
resolution, although alone he should wish a ques-
tion to be taken on it. He denied that General
Lincoln had been kept in office as a reward for
his Revolutionary services; and, if it were so,
the Executive had no right to gratify any man
by a sinecure at the expense of the public ir"-"
est. The facts which he bad staied,if the Hi
would go into a committee of inquiry, be ci
prove. He said tie had not, as suggested by his

colleague, received his information from General
* ' iTn, and ibis was all that be would state on
(bat point. Mr. CL laid bis observations had
been attributed to a design to excite New Eng-
land. He said New England was in a state of
nent under the operation of ibe embargo
laws which some of ihe wisest men and
beit paitioiE in tbe country deemed nncoDatitU'
tional, and so much so (hat tbey could not sub-
to them. This wss (he general seniiment.
Suppose it to be the case that this House should
ever pass an unconstiiutional law, what must be
he course of the people? They could pursue
10 other mode than a Constitutional remon-
itrance; and if that failed, he i^id tbey had no
liber tesouree than a Constitutional resistance.
Fie hoped ibat course would not be taken, be-
cause he hoped the Government would see the
evil of iis way.', and tbe incorrectness of the
principle on which it acted. He maintained the
correctness of the ground (bat, when a law is
passed by which in the opinion of the people
their interests are entirely destroyed, the law
could not be enforced. His motives being as he
bad staled (hem, he had wished to lay Ihe subject
before tbe nation. This House, he said, was the
guardian of the rights of the cilizeos.and bad b
right to inquire into tbe manner in which (^ces
were filled. And though he might be alone in
this opinion, deeming it his duty to make the
inquiry, he said be should not withdraw tbe

The question on (be passage of the resolution
Q,D1HCV having withdrawn his motion that
on the table) was taken by yeas and nay^—
yeas l,nays 117, as follows:

Yai — Josiah Quincy.

Nils — Evan Alexander, Lemuel J. Alston, WiDia
Alston, Jan., Eukiel Bacon, David Bard, Joaeph Bar-
ker, Barwell Busett, William W. Bibb, William
Biackledgo, John Blake, jun., Thomas Bloimt, John
Bojle, Robart Brown, William A- Burwell, William
Butlsr, Joaeph Calbonn, iohn Campbell, Epaphrodi-
tui CbampioQ, Matthew Clay, John Clapton, Orchard
Cook, John Culpeper, Richard Cutis, John Davenport,
junior, John Dawson, Josiah Dsane, Joseph Deiba,
Daniel M. DnreU, William Ely, WUUun Findley,
Jams* Fiik, Mcsback Franklin, Bsreal Girdsnier,
Francis Gardner.JamesM. Gunett, Thomas Gholson,
' I Goldsbdrough, Peterson Goodwya,
m, John Hsrris, John Heister, Wil-
liam Helms, WiUinm Hage, James Hollind, David
Holmu, Benjamin Howard, Renben Humphreys, Dsn-

' Ilsley, John G. Jackion, Robsrt Jenkins, Kichsrd M.

biiuin, Walter Jnties, James Kelly, Thomas Kenan,
I'hilip B. Key, William Kiikpatriek, John Lambert,
Joseph Lewis, junior, John liove, Matthew Lyon,
Nathaniel Macon, Robert Marian, Josiah Masters, Wil-
liam McCraary, William Milaor, Daniel Montgomery,
jnii., John Montgomery, NiehoUa B. Moote, Thomaa
Moore, Jeramiah Mottow, John Motrow, Jonathan O.
Moaelj, Gurdon 8. Mnmford, Roffsr Nelson, Thomaa
Nenbold, Thomas Newton, Wilson C. Nicholas,
Timothy Filkln, jun., John Porter, John Pngh, John
Res of Fecniylvania, John Rhea of Ten nesMS, Jacob
Richards, Matthias RicharJa, Samuel Riker, John
Rowan, John Russell, Benjamin Say, Ebenecer Sea-

(Mr.

.yGoogIc

1183

HISTORY OP CONGRESS.

1184

M.OPR.

Catawba and WaUree Rieera— Naval Ettablishmeta. Jandart, 1809.

Tcr, Samual Shiw, Jimei Sloan, Dennii Smelt, John
Bmilie, JedidiBh K. Smith, John Smith, Samuel Smith,
H«iir;8aulharil. RichsnlSlanrord, William Btedmin,
Clamant Btorar, Lawis B. Stur^, Benjamin Tall-
madge, John Taylor, Jo bn Tbompaon, Abram Trigg,
Gaorge M. Tianp, Jabei Upham, James I. Van Alan,
Philip Van Caitlanat, Nicbolaa Vui Dyke, Archibald
Van Horn, Jena Whartoc, Robert Whiuhill, Darid
B. Williams, Alexander WUson, N^Qaa WilMn, and
Richard Winn.

And 10 th« »i(l propoMd reiolation* were re-
jected.

TBDRflOAT, JtDtiary 26.
Od motioD of Mr. Poihdexted, ihal the Hodm

do coniE to the following resolutionii :

Reaohied, That the Committee on the Fublic Landi
be initructed to iaquire inln the eipedienc; of estab-
liahing ■ Land Offic« Tor tha isle of the land* of the
Uniud Btatci eu( of tha Red river, and weit of the
MiuiMippi,In the Terrilorj of Orleina ; and Ihalthej
haTe leave to teport (hereon by bill, or otlieriviie.

Retohed, That the Committea on tha Public Land's
be inBtrueted to inquire into the expedienc}' of grant-
ing the ligbt of pre-eiDption, in certain cases, to ac-
taal salUers in the Territory of Orlaina; and that
thaj bava leave to report b,v bill, or otherwise.

And the said prupoied resululioDs being rend,
amotion was made bv Mr. Randolph thai the
MDie do lie on the table. And the queiiion being
pat thereupon, it was tesolvrd in the aSrma'

On n

n of ft

Ordered, Thnt the coiumiitee appointed, the
elerenih of Nurember last, on so much of the
He!i<as^ from [he President of the United Slates
■s relaies lo the disposition of the surplusses of
our revenue in the iniprovemeucof roads, cBDals.
rirera, and edncation, he iliseharged from the
coDSideratton of the perition and memorial of the
President end Menarers of the Susquehanna
■nd Tioga Turnpike Road Company, and of (he
PTBsident, Managerc. and Compaov, of (he Phil-
xdelpliia, BraTidywine, and New London Turn-
pike Road, presenled (o thia House on the twen-
H-fourth and twentf-fiflb instant, be discharged
from the consideration thereof; and (hat the said

Glition and memorial be referred !o Mr. Say
r. Marios, Mr. Dama, Mr. Howard, and Mr.
Jedediah K. Smjta ; that they do examine the
matter thereof, and report ibe same, with (heir
opinion (hereupon, lo the House.

Mr. LeWib, from (hs Committee for the Dis-
trict of Columbia, presented a bill respecting the
Circuit and District Courts of (be Dis[rict of
Columbia! wtich was read twice, and commit-
ted to a Committee of the Whole on Monday
next.

.Mr.QEOROB W. Cakfbgll, from the Commit-
tee of Ways aod Means, presented a bill making
appropriations for the support of QoTerniDent.
during the year one thousand eight hundred ana
niiie ; which was read twice, and eommiiled to a
Committee of the Whole on Monday nexi.

The House proceeded to reconsider the bill,
eniided ''An act authorizing (he appointment and
employment of aa additional numbei of nary.

oJUcers, seamen, and marines," together with the
Rmendments adhered (o b^ the Sena(e (o (iie said
bill: Whereupon, a molion was made by Mr.
Macon that (he said bill, with the amendmeDts,
do lie on (be table. And the auestion being put
thereupon, it was resolved in the affirmative.
CATAWBA AND WATEREE RIVBRS.
Mr. Mahion, from the committee to whom
was referred, on the fourteenth of November last,
a petition of the eompanr for opening the oari-

Sation of the Catawba ana Waieree rivers, signed
y J. P. Orimke, their President, made a report
thereon; which was read, and ordered to lie ua
the table.

The report is as follows :

" That the President of said company, in behalf of
himself and the rest of the proprielora, states, that the
present etockholdera, convinced of the great advan-
tsgai that would reanlt from nunoving tha ebatructioni
in the Watsree and Catawba riten. did, several years
ago, become proprietors of the original ihare«i that
they have already expended considerable aniaa on the
said riven, and are annually expending mot« in die
proaeeulian of the work; but, from tbs eiteot of Iba
river, tha number of obstructions, and the small awo-
ciation of paraon* at present engaged in the uadcr-
taking, tbareis little prospect that Ihey irould be able^
with their own resources, to remove the obatrqclions to
iisTigstion for many years to coma. To aid them in
the completioa of tbeir work, he prays that Congieaa
would audiortie (be Srccetary of the Treasury to pm-
chaite, foi the use of the United States, all the vacant
shares of the company, (which are about a moie^ of
the whole number,) or such part of them as Congress
may deem Gipedisnt.

" Although the committee ara fblly' convinced that
the improvement of the navigation of the aaid river
would be of vast importance and ntili^ to the inhaln-
tants of a eoniidwable portion of the states of North
and South Carolina and Tennessee, who would there-
by be enabled to transport the productions of their
farms, by inland navigation, to Charlerton ; and tbat
the armory and arsanai of the United Statea, eatab-
lisbed at Rocky Mount, on tha Catawba river, wontd .
also be considerably benefitted by the opening of that
rjveri yet, from the present stata ef our finanoea, and
the criticsi situation of our counbr in teUlion to for-
elgu Governments, they ara of opinion that it would
be nnadvilable to apply, any public money, at thia
time, lo internal improvements of thia kind. Under
these impreisions thecommilteo rBcotnmend the fol-
lowing resolution :

" Hetotved, That it is inexpedient to grant, at pre*-
ant, the prayer of the memorialists."

NAVAL ESTABLISHMENT.

On motion of Mr. Nelson, the House went
into n Committee of (he Whole on the bill from
(he Senate, authorizing the President to man,
arm, and equip for immediate service, all the
public ships of war, vessels, and gunboats belong-
ing to the United Stales.

On motion of Mr. Dawson, the first section
was so amended as to authorize the President to
fit out only four of the frigates, the United Sutes,
the Essex, the John Adams, and the President,
aad to ordei them to siatioos upon the coast.

.yGoogIc

1185

mSTORT OP CONGRESS.

Janoart, 1809.

Naeat EttaituhmeiU.

Some other atnendraeDts were proposed md
i^raed to; oneof these limits the addicionai aam-
ber of officers to ei^ht handred, and aoother au-
thorixea ihe employment of three tboasatid able
bodied seamen, mariaes, and boys.

The Committee rose, and reported the bill
with the Rineadiaents ; which were asreed 10 bv
the Honse.

On the motioQ of Mr. Bassett, the title of
tbe bill was altered, so as to read, ''A bill author-
izing the employment of an additional oaTal

Mr. D. R. WiLLiAUB moved to amend the bill
by adding the IbJlowiDg clause: Provided^ That
this act aWI no( be construed to luthonzc ''
Preaideai to employ any sreater number of
aels than in his opinion tne public servioa iihall
at anf time demand.

Mr. W.'b object in moving this amendmenl
WBB to leave it discrelian^ry with tbe Presideot
to employ any of the vessels as long as the pub-
lic Mrvice reqaired tbem, and to avoid tbe prob-
ability of incurrioff an useless expense. It bad
been fash I onibie, during the session, tolegistate
npoD probabilities ; some pro?isioD ought there-
fore to he made to discharge these vetselsj should
circumstances occur to reader their aervices un-

necessary.

Messra. GfloLsoH and Lyok ipoke agiiosl the
amendment.

Mr. Cook was surprised ibar rootious should
be brought forward at this time to fatigue and
tire the House out of ibQ adoption of the bill,
and made some remarks in opposition to Ihe
amend neat.

Mr. D. R. Williams observed that, with all
due deference to the honarabte roemoer from
Massachusetts, he would move as many amend-
ments as he pleased, and at what time he pleased.
He believed that the bill involved a question ma-
terial to tbe vital interests of the nation. His
colleagae (Mr. Taylor) had said that this was
not a time to beobitinate or particular i but he
• thought of all periods this was one when ewry
man ought to he particular as far as regarded ex-
penditures of money. Mr. W. hoped these were
not inieoded to enforce (he embano. If they
were, be was entirely off. From what had oc-
curred, be believed that this law could not now
be effectually maintained, and- he was one of
those who would be willing to repeal it at this
time. He never could consent to thrust the law
down the throats of tbe people of Masssachu-
setis at the point of the l»yonei ; and as to the
purpose* of war, the English had one hundred
vesaelt which could singly beat the whole of the
frigRles. or certainly afty' two of them. Tbe
reasons which he understood the managers on
the parlof the Senate had assigned for wishing
tbe passage of this bill were three. The first of
ihem was, thai ibei^ wanted a pledge from Ibis
House that it was witling to come forward to de-
fend (he nation. Another was, that these were
necessary to aid the gunboats in iheiroperaiians;
and a third, Ihsi men could not be got to eo list
for the service of the gunboats, and that to rem-
10th CoiT. SfiSzss.— 38

edy this evil, they might be enlisted to man the
frigates, and afterwards transferred. He objected
to these reasons in toto. Ai to (he first of them,
beexpressed his astonishment that a pledge ^hoirid
b« required of the House by the other branch of
the Legislature, that it was willing to contribute
towards' the defence of the nation, in relation
to (he necond reason, he considered it fuiile. He
knew, indeed, that Commodore Preble had said
that gunboatK could not fight to advaola^ with-
out the aid of a battery; but he conceived the
land batteries were sufficient. To have batieriea
on land and frigates too, he believed every naval
gentleman would consider as ridiculous. When
we first bad frigates, it waa said they were 74's
in disguise ; that they would be a match for an
bosiile 74, or at anv rale, a ship of 64 guns; now
it appears thai a ship of the largest description
could heat two, probably four, of them. Af^er
ibis was ascertained, gun boats were built to act
in co-operation with baiteriesonland; they were
to do everything ; to be much better than frigateaj
now it seems the gunboats are fit for boibing.
unless they can be aided by these frigates; ana
after a while we shall be called upon to vote for
74>s to help them! Mr. W. could see nothing
but endless waste in this system, if it vras to be
pursued. He had two objections to the third
reason, "that men could not be enlisted for the
gunboat), and that they might be obtained for
enlistments for the frigalex, and then be trans-
ferred." The first objection was, that he did not
believe the fact as represented; the second, that
if it were true, he could not consent lo the arti-
fice of entrapping a free people in the way pro-
posed. Mr. W. made some other observniiont
iQ support of his amendment, and in opposition
10 the bill in its original form.

Mr. Nelboh did not, like his friend from South
Carolina, (Mr. D. R. WilliambJ think this ■
lime when men should be particular as to ex-
penditures of money. He was not for vesting
this disctetionary power in (he bands of the
President; not that he doubted the duty bein^
faithfully discharged, but bethought it their duty
not to throw the responsibility of the House upon
fhe President. Much too as he. might respect
the judgment of any President, he was not at all
times willing fur toe House to give up their*
opinion to that officer. He asked of what use
the frigates were in their present liiuaiion 7 they
were lying in the Potomac, a mere sinking fund.
They had better be done without, if they were
never to.be called into actual Kervice. He ae-
knoivledged that he believed it would be the bet-
ter course, at the present time, to remove the em-
bargo, and of consequence |War must be substitu-
ted, for he hoped there was not a creeping ihiog
1 the iace of the earth that would think of aub-
lissioq. In the event of war, letter* of marque
ould be issued, and the frigates would be use-
ful, not only as rallying pointsfor our privateers,
but in many other resprcts.

Mr. Taylob made a few remarks in support of
the amendment of his colleague, (Mr. D. R.
WiLUAMa.)

.yGoogIc

1187

HISTORT OP CONGRESS.

1188

H.orR.

Naeal EttabHthvutU.

Jkhvawi, 1809.

Mr. W. Alston spoke «onie minaiei in oppo-
aitioD to the mmendmeni.

Mr. Cook igain adroctted ihe pasMg« of the
bill ai it itood ; and expresied hit aitoaiihinenl
■t the coDtndictorjr dDclriaes held forth by the
■vpporien of ibe amendnieDt.

Mr. Effes staled that he conceived thn bill to
be the eomprotnise oSired hj the Seoale on Ihe
•tibjeci which had beeo io agitation hGtwecn the
two HoDui, and he hoped the House would ood-
•eni to take this middle grouod. He did do( be-
lieTe that Ihe Teiseli were intended to enforce
the embargo laws; nor did he fear that the New
Eogland Btatea wonld rise in oppotiiion to the
laws. He would doi, bowerer, if the good of
the coon tT7 required it,tbrinl[froia thedischarge
of his dui]r in enforcing (he laws, and he was
aorry to hear bis friend from South Carolina
(Mr, WiLLiAUs) declare that he was ready to
gire up the embargo, because a few factious iodi-
viduili and editors of Fedetal newspapers repre-
aemed it as impossible to be enforced.

Mr. D. R. WiLLtiMB was sorry that he had
fallen under the censure of a gentleman standing
ao high as llie genlleman from MHssaehuselts
(Mr. Cook) did; and occupying lO conspicuous
a station as he did for his laleols, learning, and
eloquencel No other member would have stooped
to such humble game. One remark he would
jasi make for his use, which was, thai " to the
jaundiced eye aJl things seem yellow."

Mr. Cook supposed tbal the genlleman from
South Carolina mmit have a great opinion of his
tranieendaat abilities, or he would not so often
tttUrlain Ihe House with his speeches. Tbe gen-
tleman had resorted to penonalitirs, whi<;h had
not been provoked. The remarks which Mr. C,
had formerly made having beeo confined to prin-
ciples, end BB the member from Sooth Carolina
must meet with the disapprobation of all who
beard him. be would leave him lo their

iogs, be would retract il all, and allow that he
had neither talmta, learning, nor eloquence .'

The question was then taken by yeas and nays
on Mr. Willmuh'b amendment, and lost — yeas
39, nays 78. as follows :

Yiis— E»ii Aleisnder. Willis Alston, jun., Wil-
lUm W. Bibb, Willisai Bkckledge, Thumai Blount,
Adam Boyd, John Bo;le, Robert Brawn, William A.
Barwell, Wiltism Butler, Joseph Calhoun, Muthen
Clay, John Culpeper, Joseph Dcsbs, Petenon Good-
vryn, EdniR Gray, John Heiiter, Thomai Kensn,
Robsrl Marian, Jaiiah Meters, Daniel Montgomery,
^., Jerttnish Morrow, John Morrow, John Porter, John
Pugh. John Rea of PennaylTania, Jacob Richards,
Lemnet Bswyei, Samuel Shaw, Samuel Smith, Henry
Sonthan), Richard Stanford, John Taylor Daniel C.
Verplanck, Jesae Wharton, Robert Whilehill, David R.
Williams, and Aleiander Wilion.

NJlts— Lemuel J. Alston, Eiekicl Bacon, David
Bard, Buiwell Bassett, John Blake, jun., John 'Camp-
bell, John Clapton, Orchard Cook, Richard Cntta,
Samuel W. Dana, John Davenport, jun., John Daw-
•on, Josiah Deane, Daniel M. Durall, Jamea BUiot,

William Ely, John W. Eppea, William Findley,
Jamea Fisk, Francis Oardner, Thomas Ghdaon, jun.,
Charlea Galdaborough, Isaiah L. Green, John Harria,
WiUiam Helms, William Hogo. David Bolmea, Benja-
min Howard, Reuben Humphreva, Daniel Ilalej, John
G. Jackson, Richard Jackion, Robert Jeokioa, Rich-
ard M. Johnson, Wilier Jona, Philip B. Key, Wil-
liam Kirkpalrick, John Lambert, Joaeph Lewia,jna,,
Edward St. Loe Livermore, John Lovf^ Matthew Lyoa,
Nathaniel Maoon, WilUam McCreery, WiUiam MU-
nor. John Montgomeiy, Nichdas R. Moore, Gnrdon 8.
Mnmlord, Roger Nelaon, Tbomaa Ncwbold, noma*
Newton, Wilnni C. Nicholas, Tunothy nikin.jan.,
Joaiah Qnincy, J(^ Randolph, John Rbeaof Tcnnea-
BM, Samnal lUksr, John Rowan, Jcdm Raodl, Benja-
Bin Say, EbanexraSeavar, Junta Sloan, Donnia Smell,
Jedediah K. BBilli,J«hB Smith, William Stedmsa,
Clement Storar, Peter Swait, Samnel Taggart, Ben-
jamin TallnadgB, George M. Troup, Jamca L Van
Ateo, Philip Van Cortlandt. Nicholaa Van Dyke, Ar-
chibald Van Horn, Uaac WUbonr, Nathan Wilson,
and Richard Wmn.

On the question to engross the bUI with the
amendments for a third reading, Mr. Macon rose
and spoke eboul half an hour against the bill,
opposing il on the ground that he considered it as
the foundation of a navy ; and slating, that if war
■hould ensue, he would be willing to lend tbe
frigates to any set of men to privateer with.

After some remarks from Mr. Lton in sop-
port of the bill, it was ordered to a third rending

The House ndjourned.

FniDAT, January 27.

The SpEiKEn laid before the House a letter
from the Seereiary of the Treasury, enclosing the
copy of a letter to him from the Regialer of (be
Treasury, correcting an error to the amount oi
Gfiy-four thousand eight hundred and (weniy dol-
lars and eighteen cents, io the stateoMDi of re-
ceipts into the Treasury of the United Stales, for
the year 1807, transmiiled in pursuance ofa reso-
lutioD of this House of the iweniieih of December *
last; which were read, and ordered to lie on tbe
table.

Ao engrossed hill making appropriations to
complete ihe Ibriiflcatioos commenced for ib«
security of ibe seaport towns and harbors of tbe
United State.'., and to defray the expense of deep-
ening snd exteodiog lo the river Missisippi tbe
canal of Carondelet, was read the third time, and

Mr. FiNDLET presented a petition of sandry
inliabiiants of Westmorelaod county, in the Slate
of PeonHytvanJB, slating certain inconveniences
and hardships lo which the petitioners and others
have beeo, and are now subjected, inconsequence
of the operations of tbe aeverai laws laying an
embargo on all ships and vessels in the pons
and harborsi of the United States, and praying
that the same may be repealed whenever, in the
judgment of Congress, it may be expedient lo
adopt thai measure.

The said petition was received, and ordered to
lie on tbe nne.

.yGoogIc

HISTORY OF CONGRESS.

1190

S^HTJifLY, 1809.

Defeimve Maritime War.

H. OP R.

DEFENSIVE MARtTIMB WAR.
Mr. B-icoN said tb»( he wis pariicaUrly in-.
dueed, by ■ coos id era [ion of ihe seotiments cod-
tatiDed in the memorial whicb had ju$t been resd,
to oSer to the Houae a resolution touchios the
sDbject of OUT maritime ti^hl«, and the mode in
ivhieh it behooved the Diiton to viodieai^ their
exercise asalDsE belligpreot ag^retaions. He had.
htea mach craliQed ihit a KeDileronn from Vir-
ginia (Mr. NicijOLkB) had already laid apoo the
table a resolution poiaiiog to a speedy [ermiaa-
tion of the embargo laws, coapled with a general
declaration of our determiaation to resume, maia-
taio, and tindicale our rights lo the free nariga-
tioQ of the ocean. 'That reaolaiion was, how-
ever, altogether general and unspecific as lo the
maDDer in which this rij;ht should be riodicated,
or the means bjr which it should be mainiaioed.
It waa prohabljr purposely, and undoabledly verv
properly, {iropouoded in thaigeneral shape, with
a view of iaduciugtheoHerof Euch speciSc prop-
ositioDs as might suggest themseUet to genile-
men having in view the same general object. He
appreheoded, however, that when they came to

K'inlo Comrailtee on that resolution, it would
found difficult to make it the object of distinct
and inteUigible discussion, since it pointed lo no
definite means by which oar rights were to be
maintained, or our navigation defended from ti-
olenee. He had hoped that some other gentle-
mari would, before this, have presenied some dis-
tinct proposition of this sort to the House, and
had wailed soroe days with such an expeciaiion.
Having, however, been disappointed in this, he
could no longer refrain from the exercise of a
dtlty, which he rose with great diffidence ta dis-
charge. The resolution which he was about to
submit was by no means in discordance with that
of the gentleman from Virginia. It was merely
a speeincatioD of some, at least, of the means by
which the general object of (hat genlleman'might
perhaps be attained. And, In oBerlngii, he wish-
ed not to be understood as definitively pledged to
the particular course which the resolution points
to. So far from being pertinaciously wedded to
it, he was ready to give nisuBbiassed attention to
any other project wlich other gentlemen may see
fit to propose. That there are great difficulties
to be encountered in every view which can be
taken of our present situation, is sufficiently ob-
vious, and it Is therefore with more than ordinary
diffidence that 1 ventare to lay before the House_
the following resolution : '

Sttohtd, Thst ptoviiion ought to be made, by taw,
from and ijler the dsy of next, for author-
izing the commanders and erens of merchant veuela
of the United States, owned wholly by a citiien or
citiseni thereof, lo oppose and defend against an;
search, reitraint, ei seizure, which shall be atleiDptvd
upon ttvA veual, or upon sn; other vessel onned u
■fiireaaid, by the commander or new of any armed
vessel sailing under French or British colors, or act-
ing, 01 pretending to act, by or under the sulharily of
the French or British Governments; and to repel by
foroB any aessult or hostility which shall be made ur
commhtad on the part of each Freaeh or Britiah ves-

sel pursuing such attstnpt, and to subdue and captnr*
the same, snd to retake any ve»el owned a* aforesaid,
which may have been captured by any veaiel sailing
under French or British colors, or acting, or pretend-
ing to act, by or under authority from the French or
Briliih Governments.

In addition to the general observations made
before he offered the resolution, Mr. fi. said that
he would barely remark that, as to the general
principle which it contained, he presumed that it
would by no one be mistaken for subminion to
the belligerent claims which had been levelleil
against our maritime rights; it authorized re-
sisiance against their aggressions in the most di-
rect and unqualified terms. He might be asked
if it was war. He fell no hesitation in saying
that it was defensive wnr,andstricily and wholly
defensive as it respected ourselves and our neu-
tral rights. As to foreign nations, they were at
liberty to take it as they pleased, and might make
their election in respect to the manner In which
they would meet that state of ihin^ which might
grow out of it. Wectaimed oothingof them but
he fair exercise of our rights, and if they still
^bose to interrupt us in it, on them be the conse-
quences— what Iffcse consequences should be, it
mieht be for this nation hereafter to say.

To the general principle of the resolution, Mr.
B. saiil that there could ne. as he apprehended, but
one objection any way plausible. It was, that it
authorized resistance to all search whatever, by
the cruisers of the two great beiligerenls. It was,
to be-sure, an acknowledged principle of the gen-
era! law of nations that neutral vessels were
bound to submit to search by the cruisers of bel-
ligerents for certain spectHed purposes— for in-
stance, to eiamioe whether the neutral had on
board articles contraband of war, to prevent her
entering a port actually invested, d^c. And ao
lung as belligeronts acted upon this principle, and
limited their principles and practices of viiitatioo
and search within the aekhowledged rules, neu-
trals were unquestionably bound lo submit lo it.
But whan the former claimed to eilend this right
to an almost unlimited extent, and throagh it to
enforce claims utterly unknown to the law oTob-
tions, and inconsistent with the sovereignty of
neutral Slates, it might be very questiombl«
whether the limited right itself was not forfeited;
and whether it could be at all consistent witb the
safely of tbe neutral to suffer it. That such ia
the acloal state of things In relation to American.
rights on Ihe ocean is obvious. Neither Great
Britain or France even pretend that their exten-
sive searche* and seizures of our vessels are jut-
ti&ed by the law of nations; it is avowed to be a
mere system of vindictive retaliation upon each
other, through us. And shall they pretend to hold
us to a punctilious observance ofall the ceremo-
nial rites of thai law, which they both habitually
disregard, and avowedly net at defiance as re-
spectius? From such a slate of things we might
say, as France did to us some years since, and we
may say it ttlth much more justice, " that we
can find only a real disadvantage." And we
might almost be jutlified in eaanming townrd»

.yGoogIc

U9J

mSTOKT OP COKGRESS.

1192

Naval E»labliiKmenl~AUHiliimal Military Force.

JlHDlBT. ISD9.

|)ath tboM Power* the erouad which oneofibem
UKUDaed [owatditheulDer.and to lell Lhem plain-
ly Ihit, Bfaioit nRlLoni whicb thus set at dt-fi-
aiic« all pcineiples of oaiional rights, and forger
•U the miiiDi« of publio law, " what can be dooc
l>DI to forget them for aa iaitaot ouc-ulf." Mr.
B. «aid he did not feel himself exclusively pledg-
ed to tbii particular course ; hut a* he ibougbl ii
was time for some synlem (o be progressiog, he
wished this retolution to be considered by the
Hous^ and put iu paucision of (be Camraitlee of
the Whole, who had under coniiderat
olution for repealing the embargo aud resuming
the naTigaiion of [he ocean.

Hr. Dana said he acknowledged that thii
olution did not look like luhiDistion. Hereji
that the gentlemajt from Masiachusettt
brought forward a resolution which looked a
thing like advincing like men of buiiness. He
did DDi know that he should vote orecisely
this proposition, but it was one whicli would
terminate ia words or in '' letiremenl." W
they came to esamioe ibis sutyect, it woold be
found, perhaps, [bat iliey approached a quesiion
of peculiar characier; thai it might be difficult
to oraw a line of distinciiun between a &taie of
potitire war, in which we encounter the enemy
at all paints, and defeasive war— a state in which
we seek security for the lulure, without endeavor-
ing to compel indemnity for the past. Perhaps.
Mid be, when we approach the subject idore
closely, it may be proper to make a di.tctimioa-
lion on this subject, which has very generally
been kept out of sight in ibe course of our discus-
aioQs. T12: between a war la which the employ-
menl of force is alncily defetuive, and a war 10
which it is vindictive. 1 will not at this time
exprcM aa opinion on the subject of tlie resolu-
tion; but 1 rose to express my satisfaction, and
make my acknowledgment to the geaiUman foi
the proposition, which seems to contemplate be-
(iaoiog a coarse «f doiiw sometbiiig.

The. resolution was referred to ibe same Corn*
niuee of the Whole, to whoia was referred Mr.
MiCBOLas'e resolution.

NATAL ESTABLISHMENT.

Th« bill sent from the Senate, entitled "Ai
to provide for arming, manning, and fliiinsoQI
* ■ ■■ - - ■' -■ ..■ . - ^f^

for immediale service, all the public ships ofwai
VCHsels, and cunboais, of the IJnited Stales," to-
gether with (he araeDdmenls agioed to yesterday,

VCHsels, and cunboais, of the United Stal
' :r with (he araeDdmenls agi
t read the third time: and, on ihe question

that the eame do pass, it was resolved in the af-
firmative—yeas 103, nays 23, as follows:

Yiis— Evan Alexander, Willis Alston, j an [or, Bse-
kkl Bacon, Dsvid Bard, Joseph B&rker, Bunvall Bai-
Mtt, William Blackledge, John BUke, junior, Thomai
Blonnt, John Boyle, William A. Burwell, Willlain Bat-
lar, Jowph Calhonn, Matthew Clay, John Ulopton,
Orchard Uook, Richsrd Catts, Samuel W. Dana, John
Davenport, junior, John Dan^on, Josiah Deana, Jo-
seph Desha, Daniel M. Dnrell, James EUiol, William
Ely. John W. Eppea, William Findley, Jamea Fiak,
Muback Franklin, Francis Gardaer, Thomas Ghol-
MOijiwior, CharlaaGoldtboraagh, PateraonGoodwyi^

Iwiab L. Green, John Harria, WiUiaa Helioa, David
Holmes, Benjamin Howard, Reuben Humphreys, Dan-
iel Haley, Jubn G. Jackson, Richard Jackwin, Robert
Jenkins, Richard M. Johnson, Waller Jones, Jamea
Kelly, Thomas Kenan, William Kirkpatrich, John
Lsnbatt, Joaeph Lewia, jr., Edward St. Lae Livev
more, John Love, Matthew Lyon, Robert Marinn,
Joaiak Haitars, William MeCrMiy, WilKam Miln«r,
Joka Montgomery, Nichotaa R. Moore, Thoe. Ifoore,
John Morrow, Jonathan O. MoMly, Qnrdon 8. Mam-
foid, Roser Nelaoe, Thomas Nawbold, Thoiaaa New-
ton, Wilson C. Nicbotsa, TiaKXbj Pitkin, JDnior,
John Porter, Jobu Pn(h, Joaiah (juiocy, Jahii Rbee
of TenDeisac, Jact^ Richanla, Samuel Riker, John
Rowan, John Russall, Benjamin Say, Ebcneier Seaver,
Samuel Shan, James Sloan, Dennis Smelt, John
Smilie, Jeiiediah K. Smith, Henry Sauthaid, William
Siedman, Clement Storer, Lewii B. Sturges, Peter
Swart, Samuel Tafigart, Benjamin TillmaJge, John
Taylor, John Thomuon, Jamea I. Ten Alen, Philip
Van Conlandt, Nichalas Van Dyke, Archibald Van
Horn, Killian K. Van Renaaelacr, Danl. C. Verplanck,
laasc Wilbonr, Alnander Wil»D, Nalban Wilson,
and Richard Winn.

-Adam Boyd, Robert Brown, EpaphroditDe
Champion, Martin Chittenden, John Colpeper, Jas.
M. Oarnelt, Edivin Gray, John Heiiter, Wm. Koge,
Jamai Holland, Nathaniel Macon, Daniel Montgome-
ry, jOHior, Jeremiah Morrow, John Randolph, John
Rea of Pennsjlvania, Lemael Sawyer, Samuel Smilli,
Richard SUnford, Abram Trigg, J^m Upham. Jess*
Wharton, Robert Whilahill, and David R. WiUiama.
Retohed, that the title ht^ "An act auihoriziov
ihe employment of an additional naval force."
ADDinONAL MILTTARV FOHCE.
An engrossed bill providing an additional mili-
tary force was read ihe third time, and the ques-
tion being on its passage —

Mr. Tallmadge moved the po&tponemeni of
ihe bill inde&niteiy.
Mr. Tallmadoe said it was a very unpleasant
rcumsdoce lo rise and address a deliberaiive
sembly, when the subject was an uupleasaot
le ; but, after the objiervalions which had falleo
from some gentlemen in the majority, charging
the minority with a svitemalie detecminaiioo to
oppose and retard all the measures of ihe Admia-
isiraiLOD, it required some efibri of' the mind to
undertake the task. Nothing but an imperious
sense of duly, and regard for the rights of his
constituents and his country, which he could not
'5ce, induced him to trouble ibe Hou^ie with
hisobjeciioDs to tbe.bill now under cootideraiioa.
-Sir, said Mr. T., in the discharge of lbi« duty,
while I Conine myxelf within the rules of drco-
in debate, I hold myself responsible only to
ouniry, to my conscience, and to my Qod.
relation to the subject now undircuusideni-
I hope this honorable House will do me ihe
;e to acknowledge that, on every questioa
which has been brougbi forward since I have
hern honored with a &eat on thii floor, the object
of which was to protect and defend our commoa
country, my vote and eiertioos have been in fa-
vor of such measures. Ooe solitary ioKtance do
1 except frota lb« general rule, which rvUles to

.yGoogIc

1193

mSTORT OF CONOHESS.

111)4

Janoirt, 1809.

Additional Military Three.

lai. or

gUnboRlt; RDtl of these I bave long entertaiDed
EUcli s eoDtempiible opinion, (hat I bare felt
sEraiaed to withhold ray vole from giving to them
such liberal support. This frank declaraiioD, I
bope, will shield cne fiom the reproach orwi^hiDg
tolhwart ihenieasuresoflhe Administration,*
throw any obstacles in ihe way of its operatioi
When 1 addressed (his House on a former
casion, and moved a poaiponement of the con
eration of this bill for one week, I did it, not
caa^e 1 wished lime to consider its provisions,
I did then believe that I bad pretiy ihoroughly
examined it, and noderstood what would he ii
general beatings and efiecis; but I requested
post pone men I, that its Gnal pa:;saze might be dc
laved until certain propositions should he madi
wnich a (n^ntleman from Massachusetts (Mi
Bacoh) jnlbrined (he House, be ezpec(ed to offer
to their tioDsiderat ion, and until the policy which.
this country was (o pursue, should be more dis-
tinctly marked oat by the Government. If the
5 resent system of measures iS'Siill to he persisted
1, and the embargo (o be continued as the gtand
restora(ive specific,! (hen (hough(,and still hope,
the House wilt not consider (he army
posed (0 be raised as at all necessar,,
course, lliat we shall nhile in rejecliog the faill.
Id the observalions which I then made, I (hough(
I was explicit, but, from (he remarks which have
been made by gentlemen in reply, I find I was
misunderstood.

When we examiae this bill, as predicated upon
the recommendation of (he Secretary of War, we
must be at a loss to conjecture how it should as-
sume iti present shape. In (he report of that offi-
cer, which was printed and laid upon our tables,
it will be found that he recommends ibe plan of
engaging fifty ihoasaod volunteers; but ihii bill
proposes raising an army of fifty thousand men.
Yes, sir, I repeat it; if you pass this bill, you
sanction the enlistment, organization, and equip-
ment, of an army of fifty thousand men, all ih«
officers of wbieh.are to be appointed and commis-
Kioned by the President of the United S(ates. Be-
inff a member of (he commiKee who reported (his
bill, it may be inquired why I did not object to
its provisions before it came to (his House. Sir.
I never saw the bill before it was printed and lain
CD our tables. In saying (his, I impute no blame
to the chairman of our committee, (Mr. Nglbok,}
who Very possibly may have directed notice to be

K'ven me, and, for aught I know, I may have
en engaged with some other commiKee. 1
mention this (hat I may not be suspected of tak-
ing any undue advantage to attack and defeat the
bin, when I cuuid have suggested provisions to
its framers, which would have rendered it less
liable to exceptio
However defec
its important provisions, I know
cannot be amended in its present iiage, and on
the motion which I have had (ht honor (o make.
We must therefore discuss it as i( is presented to
US, purporting to be a hill authorizing the Presi-
dent of the United States to appoint five major
generals, ten brigadier generals, arming and equip-

ping forty-four regitnen(* of infantry, three regi-
meois of rifiemen, and threu regimeou of light
artillery, of ten companicK each, with the field,
staff, ami commissioned officers, necessary com-

Eletely to organize this corps. In (bus !>preading
pfore the House the principles and provisions of
this bill, I call on gentlemen to pause and reflect
before (hey adopt them. Ate gentlemen awara
of the immense expense which will be incurred '
by raising this body of troops'? It may be ob-
jected, that this monstrous rojiitary force is to be
under pay only while it is kept in actual service.
But it ought to be remembered that, as soon ai
the officers are appointed and the troops are en-
listed, it becomes a positive army, liable to ilo
duty twelve months out of two years, wherever
ihePresident of'the United Slates shall direct.
Give me leave once more to call the attention of
the House to the report of (he Secretary of War,
which, for some reason or other, he did not think
proper to assign, but which I know he presented
to (he committee. lo this report, the head of the
War Department ettimates the expense of fifty
thousand volunteers, to be encamped only thirty
days in the year, at two millians one hundred
thousand dollars. I have made a calculation on
this subject, aod am convinced that, to provide
for this armv only one year, we must pay fifteen
of aollars. Sir, thehistory of opr Revo-
lutionary war Exhibits no example of this sort.
We have at this moment, probably, about tea
thousand troops in the field. To these may be
added one hundred (housand roili(ia latelv put in
equisition by the President of the Unitea Stalea,
ind now we are called upon to add fifty thousana
egularly enlisted troops to the number.

Indeed, Mr. Speaker, I think it behoovei Oi to
lonsider well what we are about, before we pra>
ceed one step further. I know very well, and
I trust, I shall always venerate the sentiment,
(hat money is nothing when put in competition
with national hooor.liberiy, and independence;
but every one nill allow that this subject is wor-
thy of peculiar coosideraiian at this time, mora
especially when, by means of the embargo, the
streams of national wealth are dried up. This
ciplsjjsir, becomes all important lo ns, the Rep-
nlaiivea of a free Republican Government,
who ought not to lay heavy and oppressive bur-
lur constituents without the most urgent
necessity.

Having taken this general view of the strucrure.
provision, and expense arising out of this bill, 1
will now ask (he indulgence of the House, while I
ideavor to lay before them the causes which in-
ice, and the probable result and consequence*
hich will ensue from calling such a body of
troops^as this bill contemplates, into the field.
That I may be the more distinctly understood ^
will arrange the remarks which I propose further
to make on this interesting subject, under foni
general heads, and I beg the attention of this hon-
orable House while I endeavor to elucidate th«
follow jnquiries.

,l8t. At whose request is (bis atmf to be en-
gaged?

.yGoogIc

1196

HISTORY- OP CONGRESS.

1196

ILorR.

Additional MiHtary Force.

JlMDAHT, 1809.

I deBiination?

o b« obmiDed by it 7

BUS 10 accomplish tbesi

2d. What ii lis v
3ii. What object!
4th. What are 01

CDdil

These ate queiiiions vhich I deem of impor-
tance 10 be fully EGliIed, before we proceed to
adopt the bill DOW under coosideratioD; and I
hope gentlemen will give them a paiieal and
caadid eiaminaiion. Perhaps the honcrable
Cbairmnn who repcrttd this bill, or >ome other
gcDtleman, will be able to answer ihem to the
taliBfaciion of the House. It will he foriunate if
this should be the case, that we may chMrfully
unite in the necessary measures of defence, and
proceed with a zeal becumiD^ a good cause,
which will insure a successful lerminatioa.

I make the first inquiry. At whose request is
Ibis army lobe raised? I presume every gen tle-
maik will allow that the Presideai of the Uni'
ted States is ihe Conslilutional otna by whom
communications BTB to be made to Congress. In-
deed it becomes a part of his bounden duty under
the Constitution ''to give to Congress informa-
' tion of the state of the Uoion, and recommend
* to their consideration aueh measures as he shall
'judge necessary and expedient." Has he made
any cooimauicHtion to Congress iniimaling that
auch a force as this bill caotemplatee, wotlld be
necessary T Will aeotlemeo torn to the Presi-
dent's Message, delivered at the opening of the
session, and see whether anything of this sort is
there commonicaied'? I have examined ihaidocu-
ment with critical attention, and can find nothing
in it which will even justify this measure. I Veo-
tore to say there is oot a sentence in that com-
tnunication on which [his bill could be predicated.
1 know that this Message was dissecli^d in due
form, by some able political operatnr,and that sev-
eral commiiiees were raised on difierent portions
of it ; and although I had the houor to belong to
that commiitee appointed on so much of the
President's Message as relates to our Military and
Naval Establishments, Ibave searched in vain for
that part of it upon which the appointmeDt of
any such committee' could he founded; except-

I, and which the President had ni
called iatoservice. Now,sLr,if there has nolbing
occurred of so alarming a nature as lo justify the
imbodying of this detachment of militia, I cannot
perceive whence the necessity arises for calling
inio actual service so strong a detachment of
military force, or what can justify this House iu
adopting a measure so strong and at the same

Again, since ibe President has made no re-

Jueit for this immeose force in time of peace,
lere seems to be a sort of indelicacy in the attempt
thus to paira upun bini, as Commauder-in-Chief,
an army of this magnitude without intimatinff
Its destination or use. Will any gentleman in his
place inform this Hou^e ^since llie President, who
u the only respoDsiblc coaracter lo give us ibe
information, has not done it) that these troops are
really wanted 1 \ have before remarked that the

Secretary at War has laid before us a plan to
raise fifiy thousand volunteers, but nothing ap-
pears in It to justify the raising of the corps pro-
>sed by this bill. Whenever volunteers have
en called for by the Goveroraenl, they have
lurned out with alacrity and zeal, officered and ac-
uired foreervice; nor can it be supposed that
ere it, lets patriotism reigning in the bosoms of
ir citizens at the present day than heretofore-
If the Government has any serious iutentioa
to brins a band of volunteer yeomanry into ibe
" 'Id, ot purely American character, Ihe pravi>
sions of this bill cannot fail to defeat aoch inieo-
tion. Depriving the troops of the accustomed
privilege to serve under their own officers, will not
only retard the business of engaging the men, but
will have a strong tendency to make the service
suspicious.

I come now to the )ecoi>d inquiry. What ia
Ihe use and destination of this army 1 Inasmuch
as we have no inforinBtion on this bead from the
Executive department, I inquire, with deep soli-
citude, of the majority of this House, (inasmuch
as they hold the destinies of out country at this
portentous day,) where.is this fbrce lo be directed 1
Against what enemy, visible or invisible, is this
army of freemen to be prepared to act t Indeed,
Mr. Speaker, this duty becomes so imperious upon
this House, and so important to our constituents,
thai, without some definite information on this
point, I know not how we can proceed. Since
the present session commenced, we have been pass-
ing laws and adopting measures of the most seri-
ous and important consequence lo this country,
and, I am constrained to say, with less considera-
tion, I fear, than ihe solemnity and importance
of their nature seemed to demand. We are now
called upon to pass a bill, placing in the hands of
■ he Executive one of ihe most tremendous weap-
wbich Government can yield. For my own

1,1 can disi

r but two objec

framing ihis^present bill. This force,
when raised, must be directed against an enemy,
or it must be pointed against ourselves. In olhei
words, ii musi be calculated to repel foreign ag-
gression, or 10 enforce obedience to our taws. If
11 is to be employed against an enemy, it witt
surely become important lo know specifically who
that enemy is. And it is a fact somewhat singu-
lar, that, Id this day, with all the noise and blus-
ter about war. we hare never been distinctly told
the enemy Wnom we have lo encounter. It is
lrue,indeed,our Committee on Foreign Relatioas
told us, as one alternative, that we must have a
war wiih Great Britain and France at the same
time. Thbafibrdsnod^finile object, but ii directs
the attention at least, towards two powerful and
Warlike nalions, engaged in the most deadly hos-
tility against each other. Could that committee
have been in earnest, or can this House support
the seniimeoi, when ihey decided the pojni ihat
war must be waged wiih two nations contending
at the same time with each other 7 The mode of
such awarfare, (provided ibe three Powers should
come into conflict at the same time, either by land
or aea.) I humbly conceive would baffie the uni-

.yGooglc

HISTORY OP CONGRESS.

1198

Jandart, 1809.

Additional MHitaiy Force.

H.orR.

ted wisdom of that sa^cians cnminiilee. aod is I
loo ridiculoui to he discusied id this House. Let
us, then, inquire what ire our chances for wir
with either of these nations, arparaiely. Dogen-
tlemen cootemptale croMing the Atlantic lo attack
France, and itierehy oblige Bonaparte to reroke
bis decrees? 1 presume not. Can aof one say
thai he expects an invasion from tbai quarter?
His want of a nary f;ives you the answer to this
qneslion. As to an invasion of Qreai Britain, or
anjr of her Wnl India possessions, her superior
Daval forcefully protects her; and the experience
which she derived in the late Rerolotionary war
will leach her doi to waste her armies in so fruit-
less an experiment, as aftain to send troops to our
shores. ! will reserve for the next head of in-
quiry what may relate to conquest Id our own
vicinity, and remark, that, inasmuch as foreign
conquest and domestic invasion must be alike im-
promble, I can see no me for which these troops
caa be wanted, but to enforce obedience to our
laws. And can it be possible, Mr. Speaker, that
we have come to this solemn and awful conditioo,
that a large array must be engaged to command
obedience from our citizens, at the point of the
bayonet! Forbid it, Heaven! I hope and trust
the stale of things does not at present require it.
Rather would I hope that our fears aod our ap-
prehensions greatly exceed (be fact.

I know that the Conamiitee on Foreign Rela-
tion* havB very gravely submitted to us three
alteroaiives — lubmiasion, erabargo, or war. By
a aolemn rote of this House, you nave decided on
the first ; and, therefore. Rubmission is out of the
question. The next alternative was, the contin-
uance of the embargo, and to this the Legislature
bav« determined to adhere. It will aoi be amiss,
h«re,to inquire what have been some of the most
prominent effects resulting from our late law,
"more effecioally lo enforce the embargo." It
bat been cuBiomirytodrag this measure into every
debate, but [ trust the House will do me the jus-
lice to acknowledge that I have but rarely rung
tbat uopleasenl charge in their ears. But, in the
contideraiion of our general policy, it is almost
impossible lo keep so iqiportanl a measure out of
riew, and eipeciaily when apprehensions are en-
tertained that the provisions of this bill have an
important bearinK on that question. Afier all the
prediciions which were made on the wonderful
efficacy of ibe embargo, it has been found that it
bas not answered the expectallons of its friends.
From its frequent violations and evasions, it has
been deemed necessary more rigidly to enforce it,
and the late law which has passed for thispur-
pose has excited the most serious alarm. When
that law was before this House, those of us who
honestly believed some of its provisiotrs were
tinconslitutional, and most of its requisiiions and
penalties very severe, did not fail lo state them lo
the House. They did not omit lo cauiion gentle-
men against adopting such oppressive measures,
and to intimate their own apprehensions as to the
effects which might be produced on the nation.
Apprehensions were eveit entertained that inner-
i«iD portion! of the Uoioii the laws relating to the

embargo would not be executed, inasmuch as th«
habits and pursuits of the people were against the
measure, and their sufferings nad become intoler-
able. The tola! inefficacy of that measure, a*
coercive upon our enemies, was discovered, and
the people perceiving no good to result from it,
and nothing but poaiiive ruin before them, it was
feared ihal they would no longer submit to its
pressure. These declarations were not then cred-
ited by a majbriiy of this House, and now, what
is the facil Your law, in many places, has be-
come a mere dead letter. Am I stating the case
tooslrongly when 1 make this declaration 1 I [rust
not. lamttpprehensive that some gentlemen who
hear me are so unacquainted with the character,
habits, aad manners, of our Northern and East-
ern inhabitants, that they may suppose I exhibit
the picture in loo strong and lively colors. Hav-
ing resided in New Eoglaud from my youth, I
think I cannot mistake the character of thai peo-
ple i and I believe I hazard nothing when I assert,
that, as to the great body of tbal people, your em-
bargo laws have bad all the effects whieb can be
expected frbm ihem. The same sentiment is pro-
gressing to ihe Southland nothing but a hope thai
the hour of their relief is near keeps them from
acts of opposition. In making these remarks, Mr.
Speaker, I do not intimate that rebellion or direct
repugnance to lawful aulhorily will be counte-
nanced in New England. I have too high an opin-
ion of their intelliguce,toTe of order, and regard
for the Constitution and laws of Ihe land, to
believe anything like this will take place. But,
knowing their rights, they will guard them with
Ihe most scrupulous jealousy. No people are more
obedient to the law, and none more ready lo seek
redress for Injuries under the guardian proteciloa
ofthelawand the Constitution. Should the Gen-
eral Government at any time oppress them, they
will not fly in the face of ihe law. and excite in-
surrection and revolt, but Ihey will seek redress
and protection under the government of the Stales,
solemnly guarantied by the Oeneial Government.
Those State preroKalives, which they never have
surrendered, are the strong barriers against the
powers and usurpations of the General Goveru-
meni, and on these the duration of this Oovero-
ment must In a great measure depend.

Here Mr. Nicbolab called Mr. Talluaoge to
order, as having understood him to say there was
DO disposiiion in the General Government to save
the people from oppression, and that the Slate
Legislatures ought to protect their citizens against
Ihe authority of the General Qovernraent.

Mr. TALLWAnoE explained. He maintained that
he had advanced no such sentiments as bad been
imputed to him. He was only stating a possible
case, and thence inferring the right of ihe citizen.

Ml-. Nicholas withdrew his eaUiand the Sfbae-
EB requested Mr. TALLMAi>aE to proceed.

Mr.TALLMADOBConiiDued. i was about to state,
when I was Inierrupied, ihatj if the General Gov-
ernment should passunconsiitutioQal andoppresa-
ive laws, (which. Heaven forbid !) depriving the
citizen of nis rights, by resorting to the Constitn-
tioa and laws of the State, he would find redress ;

.yGoogIc

raSTORT OF CONGRESS,

H. or R.

Additional MitiUay Force.

JtHUAKT, 1800.

•Dd OD thia I coDiJder our ufety maiertallr lo
depend. In Irci, tir, the exJMence of the one in
so deeply tnterwDven niib the prosperiiy of the
other, that without the cDQtiDUBUce of j^our Slate
yOTernmeDti. in full energy and power, (he Oen-
cral GoTecnraeot must ineviiably fall. To obtain
iDd secure ibis fair ioherhaiice, I hive passed
through alongaod bloody Revolution. To enjoy
■he blessings of B good. GovernmeDi, tinder a Fed'
eral Consiiiution, I put everything at wj corn-
mand at hazard; and all my services have been
eoiplofed to defend and eKiablish the liberiicK of
my couotry. I humbly trust it will not now be
aoppoied that I should rejoice to see the Consti-
tution jirosiraied. which was the coniuniDialioD
of our independence, and the order and hsrinony
of the Union subverted byanarchyand rebellioo.
After this declaraiion, I bone the honorable gen-
tleman from Virginia (Mr. NiCHoLie) vrill have
DO doubts reFpeciing my political creed.

Mr. Speaker, 1 have been insensibly led off
from the course which I marked out for myself
bf this unexpected interruption, but will now re-
BUme my original design.

Every genilemau within the sound of my voice
will delight to cherish that commeodabfe Jeal-
ousy wlijch freemen exhibit when troops are
laited and quartered among them in time of peace.
Can I not impress a belief on this House that
many portions of our country are seriously alarm-
ed, on receiving informaliui that this bill was
■bout to be brought forward Is it not enough
that the late enforcing embargo law should have
•xeiled so much senaibility, that another, not less
•larming, should be broughtio its final passage in
this House? I deem it my duty to spread before
the RepreseolBiives of the people Ihecr spprehen-
aions as well as their sufferings. When we see
riiose primary assemblies begin to give tbe watch-
word, be assured that they consider danger to be
near. In some town and country meetings we
find resolutioQH have been adopted, and as if
grieved and disheartened by neglect, they forbear
to ask redress at your hands, and determine te
look to their Slate Governments for reliefi Nay,
furiber, where your late embargo law has been
put in execution, the Interference of legal State
process has been reported lo, to save the citizens
from ruin. TbeneceMary tendency of tbis course
is to bring the QeDcral and State Governments
into collision, the fatal consequences - of which
Leed not be p;jinted out. If. however, stick a
monatrout military force shall at any' time become
DCcessary to force tbe obedience to any law, this
argument alone should satisfy our rulers that all
is not right, and that it is high time to pause if
not to repeal.

Having attempted to demonsiraie to thia House
that tbe army contemplated by this bill, cannot
be wanted for foreigo aggresnion, or to repel domes-
tic invasion — and ardently hoping that it is not
intended to enforce the erahareolawa, I ctinnoi be-
lieve that there exists any sufficient cause for pass-
ing tbe bill now before the House. I know full
well that we have been shamefully treaied and
our rights have b«ea grossly violated by both tbe

belligerent oatiooa aeroia the Ailantie; nor will
I attempt in eoy measure to justify or palliau
those wron]^. Having expressed my sentimenta
on this subject on a former occasion, I will not
deiaio the House lo repeat ibem again. The im-

ising o

of ibis condition, is

If war ii tbe real object, I would obaerve thai
its principles should be well defined: its ends
must be probable of aecomplinhmeot ; it must
be manifestly just; iind above all, it mu»t be ap-
probated by the people. I have before said that
iQ foreign conquest we havf nothing to gain. Let
us briefly imagine what can be done nemrer
home. Canada is the flrat object worthy of at-
tack, if we should commence a war with Great
Britain. Some gentlemen who have advocated
ibis sentiment in this House, appear to me to
speak of it as if it would be npieceof amasement,
a mere pastime; qt at any rate an achievement
which could be easily effected. But, sir, k pro-
ject of this sort should be examined with great
coolness and deliberation: Gentlemen abould
look at it with a Krutinizing military eye. Have
you ivny documents (o show tbe regular military
force in tbe province of Canada, and the present
state of their foriifications? Can any gentleman
tet) me the provisioni there deposited in case of
a siege? You well remember, Mr. Speaker, the
failure of an expedition iato Canada dtiriog the
Revolutionary war, and the unfortunate issoe of
an attack unoo the city of ^ebec. Every gen-
tleman on inis floor must be acquainted with ihe
history of those events; and if at that period oat
enterprise proved so unsuccessful, it should not
he rashly undeitaken now, when every prepara-
tion for defence is doubled, and perhaps to four-
fold. If I know anything of that province, the
regular troops for its defence may be estimated at
about 10,000 men, and tbe city of Q,uebeii at this
time is completely fortified. 1 am not about to
say that the capture of those paits and the re-
duction of that province cuuld not be effected
by tbe Uqited States; hut I do say that it would
not be found so easy of accomplishment a* aoma
gentlemen seem to iuaginej and When effected
would but poorly repay us for all our expense of
blood and treasure. A possibility, however, that
we might not succeed, should make us cautious
how we provoke a war in which no durable good
can be promised, and which may terminate in
disgrace.

But admit, for argument sake, that we should
be succesaful, and tbe Province of Canada sbould
change masters, is it an acquisition worth tbe
price which we should probably pay for iti What
advantages would result from such an event to
the United States] Most assuredly we have do
oecBsioo for any increase of territory, and from
such an heterogeneous mass of population, 1 very
much question whether our Republican Gavem-
ment would be much strengthened. In addition
to this, we muai uke into tbe account that (hi*

.yGoogIc

I 1201

mSTORT OF CONaRESS.

jAiruARr, 1609.

AdtUtianai Military F^tret.

H.orIL

praTiDce, baviBit loDg beeo beld bf a miliiary
GoTeiDmenl, aouid nerer be preu^rted bj as bnt
bf a large tisodiag army. This eagiDeofdesnoi-
iam should ncTfr be iolrodueed into a free. Re-
publican GoTcrtimeDt, except OD the most argent
occailan, and as speedily as possible should re-
IQrn to the walks of civil 4ife. If. therefore, the
■equixiiioB of ibis prarince cannot be justified in
B political view, surely the prospect of plaader.
or tbe gratifying of the paition of reveoge, will
never induce a magaanimous people to miiie
war. All the reasons which can be urged in
faror of sach an eipeditioa are al varianne with
the fundamental principles of our Republican in-
stitDilons, and of course ought to be diicounien-
SDced when it is not engaged in from the inast
urgent necessity, in defence of our coaatry's Hehls.
The same remarks which have been sDbmiiied
neipedition into Caoada for the purpose

of conquest, will apply with double force respect'
ins Halifax. In llie former case, troops might be
lafcen 10 ibe scene of action wiihout much naval

force; in the latter, the attempt would be fuii
without a superior fleet. In every light, there-
fore, in which the sabJMl has been presented to
my mind, I cattnol pereeire that the substantial
interests of our country would be promoted by
commeocin^ war for such a purpose. Nations,
more tban individuals, ought to take counsei of
reason, and not from passion ; the latter of which,
from some infiamnatory speeches delivered on this
floor, some might conclude wb were about to

Again, one piominem object to be obtained by
« dispute with Qreat Britain, is the freedom of
the seas, and that free ships shall make free roods.
Is there a man within these walls who believes
(bat we can oblige Qreat Britain to concede this
point? Whetbet it be right or wiong is not the
qaeatioB, bat whether the United. States have
power to coerce and establish (hat principle.

Sir, if the whole force contemplated by ibis
bill shottid be raised, and Canada with all its de-
pendencies shonld be taken, do gentlemen seri-
ously believe^ that our maritime rights would
thereby be secured, and Great Britain obliged to

field wbatwe may consider heruDJusrusar pa tioDsl
f I know anything of the policy which governs
that nation, 1 lhin\ it would not. Although I
never would lurabii by acknowledging (hat to be
juit which militates agaiasi national honor and
moral right, yet sound policy may sometimes dic-
tate an eDdurance of smaller evils for a time,
rather than expose a nation to tbe calamities of
war, a fortunate issne to which cannot insure the
blessings for which you cooteod. Snppose that,
after a contest of six, eight, or (en years, a peace
could be obtained, and by treaty all shouid be
fielded that we contend for. 'Experience has
fully demonstrated that when the most solemQ
treaties interfere with the ambitious views of s
potmt nation, liiey are considered as hariag no
binding force. During the present contest be-
tween Great Britain and France, the mMi solemn
■tipolation* by treaties, and lb« long settled pria-
cipie* acknowledged by the law of nationi, have

been violated without an^ apology, and treated
with contempt. From this view of the subject,
therefore, I think it clearly follows that a war
cannot be justified, and of course the troops pro-
posed to be raised by ibis bill are unnecessary. If
gentlemen are correct in their opinions respecting
Ibepolicy of this Ghivernraeni, then indeed, when-
ever s treaty is infracted, or any foreign regula-
tion is adopted by which our commerce shall be
restricted, we must be doomed to pass over tbe
same ground again. Non-imponaiioo, embargo,
and non-intercourse laws must be passed; and in
attempting 1o starve oar enemv, we nhall go ftr
towards ruining ourselves, Ailhougb it may be
foreign to the present qnestion to go into an ex-
amination of our foreign commerce, yet I cannot
forbear to remark, in opposition- to many slate-
meats which have been made on this floor, that
the amount of all British mantifacturea imported
into this country, for our own eoDsumplion, does
not exceed $25,000000, wbrcli is about one-tenth
of all the exports of goods manufatitured in Cheat
Britain. Having found out other resourres from
whence the raw material! for her manufactures
can be obtained, aod sufficient demandn for all
her gMds. she mast look on with a sort of laugh-
ing indiflereoce at our new inveoted mode of
national auicide.

The next point in my division of this subject
is to inquire what are our means to accomplish
this object? In a Oovemment like ours, profess*
iog'to have no secrets, the reaoorces which we
can command and our general policy are almost
as well known to foreign nations as to ourielve*.
I trust I shall, therefore, not be accused o< ex-
posing the secrets of the Government when I
state my full conviction that we have not the
■neaas necessary to carry on a bold and efficient
war. As I have before staled, so I am fully con-
vinced that the people would make natonfshing
exertions, and all reasonable sacrifices, when great
emergencies occur; and especially when called
upon in defence Of iheir dearest rights. Bat
when ifaey shall be invited to support measures
so eipennive as the one now under consideration,
it becomes necessary for the Representatives of
tbe people to reflect whether it is such an one as
they will cheerfully support. By examintn^ the
report of the Secretary of the Tressory, it will be
seen that we have but aboot three millions of
an appropriated revenue; and one important les-
son is taught by that report, of which this House
will do well to take notice, that a rieid persever-
ance in the system of erabaigo wiU dry up the
principal streams by which tbe national. Treasury
was BUjtplied. Sir, the destruction of onr com-
merce IS necessarily fallowed, under our present
systemof finance, by national poverty and oistress.
For more than thirteen months we have been in
the full tide of experiment on a system which
not only discourages the laudable eoterpriie of
our most industrious citizens, but strikes at the
very root of our fiscal arrangemeois. What B
solemn spectacle, Mr. Speaker, do we exhibit to
the world it this dayl Agreat commercial peo-
I pie, aad second to bat one natioit on the globe,

.yGoogIc

fflSTORT OP CONGRESS.

1204

H. orB

AddicUmal Military Fbrce.

Jandaht, 1809.

retiring from tbe ocean, b^ ihe ponuits of which
our wealth and importance was increasiog with
eT«ry passing gale; coercing this BbanJcoment,
by the inoit severe laws, aod mainiaiDing them
nt ao eoormous eipenae; and when this novel
experiment ban failed to produce the beneQte and
blessiogs which iti advocates and friends predict-
ed, we are called upon to prepare for war. Yei,
sit, when the very sinews of war have beea thus
broken or destroyed, and poverty and disgrace
stare us io the Jace, we are presented with a
Military Establish meat which might make an
opulent nation groan. To wh^t aources can you
resort to support this heavy expense? Loans and
taxes are the dernier resort: and are the gentle-
men DOW in power ready to adopt this system,
for the parpose of carrying on a war^~-a system,
too, which, in belter days, thev' sconced as ruinous
to this country? They surely cannot have for-
gotten the complaints which were then made
against such a system, inasmuch ai to these may
be attributed their present elevation to power. If
taxes should be resorted to, being deprived of |be
benefits ofcommerce.the merchant and Ihafarmer
have nothing to pay. Loans may qnswer a

porary call, E

vilboi;

s to discbari

them, these must necessarily fail. During tlie
late Revolutionary war, these were carried to
tfaeir utmost extent, and to this day we feel their
effects. However willing our constituents may
be to discbarge that debt, which was the price of
oiu- independence, it behooves us well to consider
bow we increbte tbeir burdens. 1 have not the
amallest doubt but the people of America would
support almost any burdens which the Legislature
might impose, to maiotaio the legitimate princi-
ples of our Constitution and Oovernment; but
the means and the end must be satislsclorily
bibited to their view. The question is not whe-
ther you will borrow raoney^ hut whether the
object for which it is wanted is of such primary
importance as to justify the measure. Let the
safety, the honor, and the liberties of our country
be at slake, and every honest man in (be com-
muttity will support you in their defence, and
with one heart bid you God speed.

Sir, in making these remarks apon the bill now
nuder consideration, I wish not to be understood
V considering war the greatest Calamity tb» pos-
sibly can beiall ui. National dishonor and dis-
grace— meab and abject submissioa. bring with
them a Irkin of evils more injurious to the com-
munity, than war with ail its horrors. If I under-
stand gentlemen on the subj ' ' - -

t fulh

lemen on the subject of submission, 1
lly accord in the doctrines which they
To oppose such a system as this, would
argue neither wisdom nor courage. The duties
imposed on neutral commerce by the British Or-
ders in Council, may be highly injurious and
D|>pressivei but will a war against that nation,
with all our means of annoyance, induce her to
change ber course, during the present conleat^ or
secure to us the rights wbieh we claim? Much
has been said respecting cbe duty which she lays
on our exports to the European continent, em even
more oppressive than a tax collected in our owa

port!. To this I cannot subscribe, altfaough I
detest the principle, and deprecate ibe evila whicb

Suppose tite Dey of Ali^iers had theanlimited
control of the Straits of Gibraltar, and demanded
a toll of every ship or vessel (hat passed iato ibe
Mediterranean sea, as Denmark has long done at
the Sound. Although this is a duty or loll, yet
the merchant calcolales the profits of bis voyage
into the Baltic or Mediterranean seas, with the
encumbrance of this duty, and pursues or omits
il, ns his views of advantage shall dictate. Bui
gentlemen say, our vessels are forced into Britisb
ports bf their armed orutsers, contrary to their
inclinations. This, probably, arises out of the stale
of her contest with France; for, while each it
bent on the destruction of the other, both are de-
termined that our commerce shall not be carried
on but for their individual benefit, to the ruin of
the euemy. While Great Britain imposes a duty,
France burns or confiscates ibe whole. In this
situation, arc we Id submit? I answer, no. A
question of policy is here to he settled, whether a
commerce thus fettered and thus obsirueted, ii
worthy of our pursuit? And, although it may
be restricted as to some particular place or eoun-
iry, still ihe wants and ptivatioasof one port will
be supplied by the surplus production* of anoiher.
I have made these remarks, Mr. Speaker, to prove
the impolicy of a favorite measure of the Govern-
ment, which, in its openlion, severely beara upon
the houesr exertions of out citizens, and uitnly
disqualifies our country from carrying on a war.

Some gentlemen seem to imagine that ibis
GorernmeQl is almost omnipotent. A lepnbli-
caa Oovernment is undoubtedly the most potent,
for all the purposes of protecttoD and defence, of
any Government on earth. Bat, to answer this
end, it must rest on public opinion,. and be appro-
bated by the citizens at lar^e, whose love vf order
and the Constitution will induce them to support
its measures. When ihe pnblio sentiment can
thus be insensibly borne along with the opera*
lions of the Government, the impression is irre-
sistible. Let the moat despotic Power on earth,
the French Emperor, for instance, attempt to en-
force a pariicutar measure; he takes with faim
his legions, and obedience for a time-is complete.
But, when bis myrmidons are removed, the Ibrm-
er stale of things is restored, and bis authority ia
disregarded. But the laws of a free, republican
Governmenl, are enforced by the cheerful acqui-
escence of all its ciiixens.

Ia addition to the four principal objectiana
which I have slated to this bill, I have another
which relates to our militia estabtishments, and
which its proriaioos, I think, will very materially
affect. No explicit provision is made with re-
spect to the mode of obtaining recruits — whether
when so engaged they are (o be excused from mi-
liiia duty or not — whether the officers of the mi-
litia would be received if ihey should tender their
services with their men, and by what tenure the
troops will be held lo perform service. I know
ibat a certain bounty is to be paid, and clothing
to be furnished, and public arm* to be supplied ;

.yGoogIc

HISTORY OF CONGRESS.

JtMUART, 1809.

Addilional MUUary F\rrce.

H. or R.

but wbeD this eipense is incarred, how i

itragglias recruits [0 be coIIpc ted fro id ibi
pflrls of lliis eiteDsi^e country, to attenc
foT eiercise, and appointed neriods for
meal? If martial law is to be enforced agaioit
e7ery delinquent, I fear a gallows would be erect-
ed ia every county through the Union. ■ Accord-
ing 10 thii bill. eDcamproeDts are lo be made in
every Slate and Territory, the evil eCTecta of which
I itti convinced will be felt, not only by those
who mav enter upon this new railitary career,
btil also by all the adjacent country.

When I contemplate the loiliiary preparations
which have already been sanctioned by this Got-
erniaent, cnnsisttng of regular troops, and the mi-
litia put in requisition by the President of the
United Stnlei, while the country is it) a slate of
profoond peace, 1 am led very seriously to pause
■od look atom me. If this bill should pas;, (and
from the strong support it has hitherto received
we have but too much reason to fear it,} you will
have placed under the immediate conlrol nf the
Executive about one hundred and sixty thousand
men. Truly, Mr. Speaker, this sounds almost
too high for a RepublicaO Governmeat, and not
being accustomed to such a display of
force, I am free to declare my appreheosu
alarm. My fears are by no means dim
when I consider that these very troops
employed to euforce the embargo, ihao
nothing could more thoroughly alarm thi
of our citizens. Although the funeral of this
wonderful magician, in some parts of our cou
is said to have gone by, yet in this day of
Ihinca, 1 fear something may arise from its ashes
equ^ly disgusting. Should your non-intercourse
bill be ad roc at etT with as much zeal as was the
embargo, it may be matured and in full vigor be-
fore the end of the coming week, and needing
the assistance of this esiabusbment to enforce it.
Having no desire to see our eivi] laws enforced
■t the point of the bayonet, I do in this publi
matiner protest against this measure as unwise,
and not called for tiy the urgency of the occasion.

Thus, Mr. Speaker, I have eitdeavored lo lay
before this honorable House some of the most
prominent features of this bill, and have consid-
ered ii both in relation to peace and war, as highly
objectionable. If I have been correctly utider-
eioud I shall be glad, and will ibaoli any gentle-
man lo obviate and remove my objections, if they
are not well founded.

Ever since the publication of that famous re-
port, made by our Committee of Foreign Rela-
tions, the majority of this House, and I may add
a considerable portioa of the body politic, seem
to have adopted ths same course of reasoning,
and come lo the same result. Submission, em-
bargo, or war, have been ihealternaiivea proposed,
and those who have dared to question this politi-
cal creed, like heretics of old, have been pro-
scribed. Not being soundly onhoaox in modern
politics, I dislike the whole. The first I absolutely
reject — the second I wish lo have removed, and
the third I hope to avoid. Like a medical pre'
scriplioD, however unpleasant to the palate, I

lid try to swallow the potion, if I could dis-

H any possible good to result from it. When

[ hear gentlemen very gravely declare on this

floor, that they are nearly prepared to exchange

the embargo for war, I am almost induced to

doubt my own understanding. What, sir. will

first paralyze the energies of the nation, and

then call on the people toga to war? This illu-

roust he dissipated. What would be thought

of a physician who should tell his patient, ''if

'd choose to get up from a bed of sick-

must submit to have a limb amnutated,

although not necessary to your recovery?" Sir,

he would be considered a madman ; and though ft

Eerson might consent to such an operation^ if it
ecame really necessary, yet on the doctrine of
alternatives, thus presented, he would reject it

Mr. Speaker this nation is sick, dangerously
sick, and the relief is in our power. For several
years past we have been trying experiments, and
have left the path of sound experience. . As many
wise men predicted, when this system was adopt-
ed, we have got almost to the precipice from
which one fatal experiment more may plunge us
into ruin. As sooa as we began to vary from
that course of policy which Washington pointed
out, our political hemisphere was darkened, apd
collisions with foreign nations ensued. Our first
resort was to a uon-importatioa law ; but as ihia
did not work a cure of the evil, the embargo was
determined on as the infallible remedy. This ex-
periment also failing, we are now comforted with
the belief that a. non-intercourse may perhaps
effect the purpose, and if that should fail, we are
promised the bl^ss'i^* °^ ^^'i preparatory to
which, this bill for raising an army is offered foi
adoption. Indeed some gentlemen have elaimed
a sort of pledge from this House that we will go
to war (about the first of June next I believe)
before they will consent to repeal the embargo
laws. This pledge is too great, and this rei
too profound for me. May God deliver i

If there ever was a time demaodiog seri
liberation, it is the present. We ought t ,
and examine well our ground before w« proceed
one step further. From the ray of light which
I discover in our eastern horizon, 1 am induced
to hope that a brighter day may succeed. To ef*
feet this, I hesitate not to say we must retracB
our steps and materially alter our political course.
Let not geoilenien startle at this idea ; it is a sub-
ject fit only for great minds to contemplnte, and
for honest men to accomplish. Our system of
depletion and self-puoifhmeot must be given up;
and an honorable, equal, and dignified policy to-
wards foreign nations mual form the basis oi otti
n^otiations, and we may hope for success. Our
situation, \hough hazardous, is not hopeless; and
if the beacons which have been erected should
not be totally mistaken, those who may soon take
the helm of state cannot fail to pursue a different

A few words more, and I have done. The
Union of these States appears to me so important
to the peace, prosperity, and protection of all its

o patise

.yGoogle

laoT

mSKOlT OF 00NORBS8.

Additional Mililary three.

J&NDAKV, 180B.

'iiish gold, be surely miKt hare forgoiten thai
me ofthe flrsi men in ibe naiion, and naiiTi

ffeqtjenily >
thst the Fed

pant, that 1 cannot tzpTtnipf regret when I hear
the neDtimeol aroved, that a leparatioo muK
take place. I think such a project ought not (o
be familiarized ereii in idea, and eretyininj tend-
ing to irritation should be discouraged. De-
grading disiinctiona and odious epithets, applied
to any portion of our citizens, cannot be josliBed.
When the gentleman from Penn^jrlrania (Mr.
Bhiue) denominated those who opposed the em-
bargo, old torles, British agents, or corrupted by
British " ' ' ' "

Americani too, belli
and even uncoDsIitutional. Bocae of our Stale
Le^islainres have also ventured to qneaiion the
policy of this law, and even the power delegated
to the General OoTeromenl to enact it.

il no compliment to be told, as we
•, br the gpnil^men in the majority,
thst the Federal Kepublicans are as honest and as
patriotic as any other pari of the community. It
If to be presumed we all have the same entf '
Tiew, the good of our common country; but
have dififerent waya of pursuing il. We are
«mbarked on board the Mme national ship, and
nD&t Bwim or sink together. Our united efforts
art Heeded at this periloua crisis to preserve our
national and State prerogatives distiDct and entire.
By the blessing of Qod on our faithrnl exertions,
the Constitution and Oovernment may be pre^
terTed; and the people, under a wise AdministrR-
lion, will be prosperous and happy. Notnilh-
Btanding tome gentlemen on thii floor, from the
Mculiar ardency of their spirits, and an honorable
Indignation at the authors of our wrongs, may
Qrge us to war^ I am opposed to inch a measure
•t the present time, and inerefore hope the motion
which I have had the honor to make will prevail.
Mr. LroN followed on the same side in a speech
of an hour, when the House adjourned wiihoai
taking a Question.

SaTimiAT, January 38.

The SpB&KBit laid before the Houae a letter

from the Secretary of the Treasury, accompanied

with a report and statement prepared in nbedience
to the provisions of ''An act to regulate and fix
the compensation of clerks, and (o authorize the
laying out of certain roads, and for other pur-
poses ;" which were read and ordered to lie on
the table.

The bill sent from the Senate, entitled "An
act for the relief of certain Alabama Indians,"
was read twice and committed to the Committee
on the Public Lands, toconsider and report there'
on to the House,

The bill sent from the Senate, entitled "An
act supplementary to the act, entitled ''An act to
amend the act, entitled 'An act establishing Cir-
cnil Courts and abridging the jurisdiction of ibe
District Courts of the diairlcls of Kentucky, Teo-
nessee,andOhio,"wa9 read three times and passed. :

On motion ofMr. Wbarton,

Ordered, That the Committee of the Whole
Hoiue to wboiD was committed, on the Ibirty-firti I

ultimo, the bill supplementary to the act, entitled
"An act to amend an act entitled 'An act establish-
ing Circuit Courts, and abrid^in^ the jurisdiction
oflbe District Courts of the districts of Kenlncky,
Tennessee, aad Ohio," be discharged from lb*
consideration of the same.

. ADDITIONAL MILITARY FORCE.
The House resumed the consideration of tfa«

engrossed bill providing an additional mifilarr
force — Mr. Tallhadqe^s motion for indefinite
postponement depending.

Mr. TATLORsaid: Ismagainst the motionfors
poistponement of the consideration of the present
Dill mdefinitely, because 1 believe the situation of
the naiion to be now such, that a furihv post-
ponement of measures calculated for the defence
of the country, would be little abort of an aban-
donment of the interests and honor of this people.
I do Bupposf, sir, that it is the opinion of b ma-
jority of (his HouM, that the system of resistance
to foreign aggression upon the ocean bv a retire-
ment from it, is to he given up. It will be recol-
lected, that at (he U^jt sestion, I expressed my
belief, that whenever the Legislature found thia

that it was the best calculated of any measure
which conld be adopted to strike home to that
nation which has done us the most barmj and
although I stilt believe it to be the best system we
could rely upon, yet, as it has met with resistance

a portion of our own peo-
ple, rather than enforce it at the point of the bayo-
net and the expense of the blood of our own citi-
zens, { would oe willing to give it up. In speak-
ing of resistance to our laws, I would not be un-
derstood as meaning to imply that there has bees
open rebellloD. I mean that Constitutional re-
sistance which has been manifested to the East-
ward; that judicial resistance which has induced
many to believe that the system would be better
abandoned than lo run the risk of producing more
serious evils. I believe. Mr. Bpeaker, that these
appeals from the laws have not been found to
be general throughout the United States, yet
they will have all the effect upon foreign naiioas
as if such appeals had been uoiversal. I allude
to the transactions in the town of Boston — to the
resignation of the collector of that port — and I
may add, that of the collector of the port of Provi-
dence, with the occurrences which have taken
place in the harbor of New York. To all these
I may add the circnraslaoce of the British armed
vessels which have appeared on our Southern
coast, for the purpose of forcing a trade in cotton.
In this ajate of things, 1 do believe that the time
when it would be proper to remove the embargo
has arrived ; in fact, I consider it, as to its effects,
as removed already.

Thus, sir, the consideration of the alternatives
proposed to the nation at the eommecccment of
the session again recurs, to wit, embargo, submis-
sion, or war. The solemn vote which has been
taken upon this subject, at an early period, to My
Dolbing else, puts submiasion entirely out of the

.yGoogIc

BISTORT OF CONORBSS.

1210

Additional Aftltfory Force.

H. or R.

^onlion, Bn<I it leemi now lo be ibe gmeral onio-
ioD ihat the embargo is to be giTeq ap. Tbe la
lEien, is bU which IS left tons.

Having got thua far, I will endeavor to aam
a remarli made some lime aioee by a geQileman
fiom Virginia io reUtioD to lhi« !ub}ect; and I
tm ^lad the geotleaiaa kft the difficult queaiion
ofiiibute lo be digested by those in opposilion to
ibe AdminisAtioD. 1 bare heard, sir, the very
language of Mr. Caiming iolroduced upon this
floor, to prore ihat Great Britain had a right to
leialiale upon France by resortiag lo (he measure,
which I Iriut will always be eoDsideredaiobnoz-
toua to the nghta and iadepeedence of Ibis couq-
Uy. But B minute'D examiiiaiioa of ihe most
cDnmoa mind in the United States will expose
iherallacy of tbe doctrine. An argument uskd
b| the geotlemaa from Connecticut (Mr. Tall
■UnoE) was, that the tax Ictl^ byOreat BritaiL
eould not be held as being a tribute, for we were
not obliged lo pay it if we did not choose; that it
was a mere roaiter of calculaLion a* to interest,
and noibiogr more. It is stranM, indeed. Ihat
thirty years of residence in a land of liberty, and
of derotioD to iti serrice, should haTe put smh
an argument into that gentleman's mouth. This,
sir, was the rery principle against which, in Ibe
difficult limes of our Revolution, that gentleman
K ably fougbi. If I ware disposed to follow the
genilenuD from Kentucky, (Mr. Lton,) and to
erect on my desk Gles of newspapers, I could, by
atecorrence to those of that day, prove that ibn
was tbe very language made use of by Lord
North in the Britisli Pnrliameol. In speaking of
ibc tax upon tea, this was his very position, that
Ihe Americans were not obliged to pay it, onless
ibey chose to do so. But, air, aie we now to
drink this bitter cnpT I trust not. This ques-
tion has ail the original force which it had under
tbe Administration of Lord North. An Ameri-
can vessel, trading up the Mediterranean, is ar-
rested by B British cruiser at the pillars of Her-
coles, and carried back to Great Britain to pay
Ihe las levied by the Orders in Council ; bdu is
this a free choice left to us 7 Are wa at liberty to
pay, or omit to do it? No, sir. The ocean hat
neen assimilated by some gentlemen to a cotq.
field, in which the American merchant reaps a
glorious harvest. Well, sir, suppose one in pri*
TBie life was to shut up the gate which led to his
neighbor'a cornfield, and tell him thnt, unless he
would pay a certain loll, be should not pass.
Would any man in this country submit lo ill
Uost assuredly not. And will ilie New Koglaod-
eis, to whom the ocean is "an inheritance," con-
tent to have it wrested from them by the iraposi-
lioos of Qreai Britain, and agree to pay then for
a license to make use of tlteir own undisputed
rights? I do not think they will.

The fact is, the Orders of Council cannot be
defended. They have, in this poiniofview,been
bat slightly toached uimd, and the truth is, that
iliey cannot be otherwise than slightly touched
upon. It is B subject which, at once, goes to the
heart and the feelings of every American, and it
would be in vaia that any one would aiiempt to

persuade the people of ibis country that tbe Or-
ders in Council can. in a single point of view, be
jnsiifled withre^ro tons.

Great complaint has been made that abuse haa
been poured out by tbe friends of the Adtnini^
tration against tbe conduct of Great Britain,
while they say nothing about the unfriendly bdiI
unjustifiable treatment we have received from
France. In relation to this I would premise, thai
as to intention. I believe these Powers to be alike)
they are etjually willing to injure us, as their in-
terests or caprice may demand. But Great Brtl*
aia has ban a greater opportunity to make ns
feel her enmity than tbe other, by having iha
command of tbe ocean. From this eiregmstaace
arises the reason of the animadversions againM
tbe conduct of England ; and France, not having
ships, has not been in a situation to molest our
commerce, or to intercept our trade. This ihel
will not be denied. A gentleman from Rhode
Island, (Mr. R. Jacebon,) when asked by my col-
league, (Mr. D. R. WtLUAMB.) in debate, whe-
ther the insurance office to which he belongs, ia
Providence, would insure a vessel to the Conti-
nent, declined answering, or declared that he did
not know whether it would. But it would not
be done. The risk is equal to the whole value <rf
the cargo, and the books of the gentleman's house
would show it. Thai gentleman has declared
that there was, on the contrary, but little risk in
going to Great Britain, for there coijld be no fear
of ioterruptions from France, her naval force
being annioilaicil. It has been proved, that the
ri^k to France, or to any part of the Continent,
amounts to at least ninety per cent. By state*
ments of rates of insurances in England aad etae-
re, the political risk to the Continent will
amount to the sum I have stated. Thus tbe rea-
son of the complaints against England it mani-
fest. She has nad the greater opportunity, and
has therefore done us the most injury, though I
would be clearly anderstood as thinking both the
aggressing nations upon an equality as to iatcu-

Upon the talk of war, it has been asked kow
— D we fight both nations. Sir, I can understand
this subject perfectly well. I perceive very clearly
before me two of the pillars which support the
splendid dome under which we are assembled-;
but it would be very plain, that if I set my back
against one of the two, I could only behold tb«
other. This is tbe case with gentlemen when
they lean their backs against the pillar. Great
Britain. It is evident that, in speaking of war,
ihey cannot see England and Prance together;
they can alone discern France. In addition to the
objection of not being able to fight both nations,
another has been broushi forward to the raising
of tbe Army, lo wit: iTial it must be intended to
enforce ihe embargo laws. For my part, sir, I
will unequivoeally declare, that I would never
conieni to Ihe employment of a single regular
soldier for the enforcement of any law, nor for
that of tiie embargo. Now, if there be not virtue
enough in the country id see the laws resfiecled,.
if Ihe militia of tbe difiereot Slatea are inade-

.yGoogIc

1211

mSTORT OF CONGRESS.

1212

H. or R.

Additional Military Porre.

Jancart, 1809.

qoate to tbis purpose, I would Dot employ a tin-
gle regulmr to do it I do Dot believe that the
(loops conlemplsleii to be rained hy ihia bill are
ioteoded for ibe purpose of enforcing (he embar-
go; Dor woifld I Tote for in pasiaee if [ coold
E'rauade myietf thai Ihia was lo he ili object,
ut it hai been said, that if yoo put jrourseltin t
■ituation to commeDce hotiiliiiea, you will go lo
mr. I will alto unequiTocBlly declare, that this
it my object. What have we done, airl We
hftTe aent miuions to Europe ; we have sued for
reparation ; and, iniiead of reeeiviaic redrMs.
wrone* have accnmalated upon ai. Doea (bit
look Ukc a diipotition to do us jastieel We hare
been driren into our present situatioo by foreigQ
outrage ; and, aner (hey have (hai received from
tu notice of our imendon. tbould (hey not retract,
I am willing lo ttrike a blow, and a blow, at the
tame time, which I believe will be felt.

Oentlemet) have asked if we cm obtain redress
by going to war and taking Caoada? Yet, lir,
we can do it by taking Canada. It was a declar-
ation of a great Bnglith tia(f tman, " (bat Great
Britain conquered Fraute in America ;" and was
not England once conquered in Amerkal She
waj, HBd may again be here conquered. We are
not able to contend with her upon her own ele-
ment; but upon (hat where we can attack her
with advantafre, the laod, we muit hope for snc-
c«ti. I would not (ake the enraged bull by the
borns, but in that pan whereby I would siaod (he
best chance of worrying him (o dca(b. >

A great deal of recrimination bat been used
upon thii floor to prove that the Sonihern Stales
ire inimical to commerce. Tliii is (o Mf that (hey
have n«i(heT tense or policy, nor can understand
their own interests. The subjeci baa been to
often brought up, and to frequently answered,
that I am almost ashamed now to mention i(. It
cannot be supposed that the Southern States
would wilfully seek their own deilruction ; (hat
tbey would commit a frto de m upon their own
wealth. No, sir[ the Southern States n"^-
dceerve the thanks than recrimioadooa at
hands of (hote who aecuie ut. What has been
the tiiuation of these Stateil They could have
bad their produce oarried by foreign vessels ; they
bad in this respect everything which (hey could
with, and if (hey had followed a selfish policy,
instead of making a common cause with the
commercial Stales, tbey would, in this state of
things, have left them tocnniend alone, and have
taken the British carrier. What was the reason
we did not? Because we felt that we were i
nation, united by the indisisoluble bonds of friend-
ahip and common interests. We thought that
we were made for each other, associated for mu-
tual proteciioD, and at much bound (ogether as
were OUT first parents, Adam and Gve. We did not
think upon the little embarrassments whiah might
result to us, when we knew that we had brothers
who were feeling the lash of the cat-o'-nine-tailt,
at (be gangways of Biitish men of war. We had
no pTOper(y afloat that would Indnca us to come
forward with a n on -importation law which was
to afiect as more th«n ii could our Banetn bieth-

'. it was for their interest that ive
'd to the law. We afterwards adopted
(he embargo system, and this aflects the planting
and farming iniercs( as much, to say the least <^
't, at it does (he commercial. And lor whom wss
.11 this done"? Por those who are now the fore-
most 10 accuse ut of hostility (o their welfare.
It was not for our own immediate uitereat, and if
wa had not now national feelings Which get the
belter of the disgtisit soch accnsaiioot are calcu-

which we h

upon our coast that monopoly of trade they so
much desire. But we wHI go yet fortber tnan
we have done, and sooner than yield up com-

idy to risk the
properly and blood of our citizens in behalf of
the rights of our commercial brethren. To show
that r am in sarnesi, I will, as one, not only risk
my property, but my liTe, in defence of the com-
mercial rights of my country; and it is for (bit
Eurposethat I advocate the passage of the present
ill. It is lime that this naiibn should look to
itself for redress, and not to the justice of Euro-
pean nations. We must now depend upon our-
selves alone, and we should be prepared manfully
to meet the event.

I will say, however, that the war, if we ahonld
have one, must be at the door, and be upon the
reapoDsibiiiiy of those people who have denied to
us the Use of the first system which had been
adopted by ihe nation. Those who have refuted
us a fair trial of the embai^o, at their door be the
responsibility of any other resorL The unbiassed
judgment of future times will decide upon the
motives which have ac(UH[ed us, and ins(ead of
looking upon this at an attempt to destroy com-
merce, posterity will regard it as a noble effort of
patriotism far Us maiolenance, and as one which,
ifpergisted in, would have secured our right more
enectually than. could have been done by the
most brilliant military achievement. But it wat
not allowed to ns to prove tbe experiment, which,
in all bonan probability, would have put into our
hands ibe weapon wherehv we would be enabled
alvrays successfully to comiiat the Buropean Pow-
ers; and having done thii, I hope we will meet a
firm support in the only system which it yet left
for ut to pursue.

Sir, we must recall the energies of the nation.
Qentlemen forget that this is precisely the point
which was in dispute at the commencement of
the Revolution. We are told that we will have
to borrow money, and that we will ;dunge the
nation into debt. Do we not, sir, almost adore
the name of Wasbihoton and bis glorioos com-
pairiolsl They left Us a national debt, and yet
we thank them f we feel towards them unbounded
giaiitudej and can we suppose that posterity will
Be lets virtuous than we have been? I do not
believe that they will. Tbey would also ihuik
ut, and feel for us an equal gratitude.
1 cannot believe that these men are in all re-
«, but [ think that there at
I which our habits incline a

.yGoogIc

HISTORY OF CONGRESS,

1214

Jandlbt-, 1809.

AdditioTud Military Force.

alvayi lo look upun wiih jealonsy. But these
men are ooly loM ealted from tbeir usual occu-
psiionsfora short lime la each year, and ibeir
paitialiliea as well as friendsbips, with the great
mass of the citizens, iruutd reader [hem less to be
feared iban a body of siaodiag troops. It lias
been thought necetsary to hive a body at this
kind, which, though oot conipoied of regulars,
mieht serve all the purposes for which such an
army could be wauled. It is true the Constiiu-
tioD allows us [0 call upon the lailitia fur the nub-
lic defeoce, but it prohibits the marchiasof tbem
out of the limits of the Uuited Siate^. The men
proposed td be rai»d by this bill can answer
every purposeofare^ular army; and I will sia;e,
in altudiug to this subject, that I am looking upon
the taking of Canada ia the event of a war. I
confess that I regard the possessions of the Brit-
ish in North America, as of much more conse-
quence than seems to be sapposed by the gentle-
man from CoDQeciicoi, (Mr. Taulmaoge.) In
one point of view, the possession of Canada would
preclude all that facility of smuggling which has
neen laid hold of since the laying of the embargo.
The shortening- of the line would, for the future,
in a great measure prevent this. But when we
consider that, by means of the footing in Canada,
Great Britain has it in her power always to inter-
fere with our Indian oeigbbors^and to invite tbem
ID turn tbeir arms aglinst us, it is of the greatpsl
importance lo prevent her from having an influ-
ence ro dangerous to our peace end safety, An
objectisQ to the possession of Canada by the Uni-
ted States has been, that it will lead to ao incor-
poration of the iahabilants of that province with
oar own citizens. Sir, I can eee no good obiec-
lion to such an incorporation, and I would fear
DO bad effects from ii.

1 believe that the United Stales must have the
coast of Halifax if they mean to feel lit an inde-
pendent and sovereign nation. We must have
that point if we ever mean to have a security for
our West India trade; and itisae necessary to us
as Gibraltar is to the British. All our vessels,
when they proceed lo the West Indies, pass di-
rectly by the month of Halifax, and are at the
mercy of the British cruisers. If we are to be-
come a naval nation, we will want thai position,
«nd we should have it. It is a point from which
-we could at any time sweep the whole commerce
of Europe in these seas. But you are told that
Great Britain will have a pledge for the restora-
tion of this territory. Well, sir, and does it not
behoove us to have a pledge also? It certainly
does. I do not, however, so readily believe that
she could have a pledge. New Orleans has been
hinted at as being the most likely place at which
■he would aim; but the dispositions which will
be made there, and the increase of force that will
ao doubt be assigned to it, must render that port
impregnable.

The gentleman from Coonectioni says, that we
will have always to Iceep on foot immense armies
to retain Canada after we should have taken it.
What, sir, is the reason that we have not had to
nwintain an army to preserve New York, or any

other place which we have wrested out of the
hands of the British? I do believe that if we
had Canada, the virtue of the citizens, as has
been heretofore the caae, would secure to us its

country should fall through foreign
influence, we are willing to ^o all lengths with
thera. Should the country triumph, we will re-

ite the blessings of union and peace, and if we
ialt, we shall share an equal fate, [, therefore,
hope that this bill will not be postponed, but that
it will be adopted by a large nAjoriiy of the

Mr. Pitkin.— The subject now before us, Mr.
Speaker, is of more importance to this nation
than any that has preseoied itself since I have had
the honor xA a seat on this floor ; and I can as-
you, 1 never rose to address the House when
I felt as much embarrassed ax I do at the present
moment, an embarrassment arising not only from
:he magnitude of the subjects which are brought
into diicussioD, but from a consciousness of my
inability to do them justice, Belreving, however,
IS 1 do, that the course of measures which is now
pursuing, (and of which the raising a regular
army of fifty thousand men, as contemplated by
the bill now under consideration, is a prominent
feature,) will lead this nation lo inevitable ruin ;
believin^tbal not only the present, but the future
happiness of ibis country does, in a great degree,
depend on the fate of this bill, I cannot resist the
impulse of duly which I feel, lo uie my feeble
efforts to arrest its progress. Being one of^a small
minority, which has been so uf^en proscribed, and
wbi»e views and whose motives have been aa
often questioned, and made the subject of obloquy
and reproach, I can scarcelyespect that anything

ofler V

t t^e

of a

ijorily of the members of Ibis House, much
lera influence their decision. I will, however,
beg tbeir indolence, while I call their attention
10 the objects for which this armv is to be raised.

The Committee of Foreign Relations have told
us that we must have either embargo or war ; in
raising this military force, therefore, it is believed
gentlemen can have but one of those two objects
in 'I'vr, either to enforce the embargo laws at the
point of the bayonet, or to cairy ou a defeiuiTe
or offensive wsr. I can never, sir, give my con-
sent to the measure for the first of these objects.
I have never bflieved that the embargo, as a

so strictly enforced, would produce ihe effects
which have been coniempiaied. Did I believe
otherwise, did I eonour in opinion with the gen-
tteraan from South Carolina, (Mr. Taylor.) that
the embargo was a war, more warlike than war
itself, as he has expressed bimselfi did 1 believe
ibat,bywitbdriwingourielves from the ocean for
a short time, we could ever traverse it in every di-
rection, without fear of inierruplion from -the
insults and ag^ressious of the belligerents ; could
I believe that it wac the poliileal philosopfaw'a

.yGoogIc

HISTORY OF CONORBSS.

Additional Military Force.

jANCAtr, IBM.

•tone, Which, by in mntle touch, would tun
oar naiiooal wroufis imo naiionat rinhta, I would
lull it with Joy Bi the harbinger or a jterpetuil
ptaoe, and would even be wiiling that it should
M eDforced bf mitjlarf powrr.

Bui, sir, not bpiuf MlisSed thiti these objects
oao be ailaintd by ihe embaigio, I caonot conse
ihat it shall be enbrced in a manaer which ci
ooly bring djitress and ruin upon aunelvea.

The advocates of this iiofel mode of warfoi
voder the name of coercion, have urvrd that
will Mrioualjr affect Great Britalo in three wayi,
and thereby compel her to do us justice. Pint,
by depriving her of the neceBsaiiesof life, snchu
proriHODS. for "wliich aba ii dependent upoo u\
Second, by depriving her of maay raw materials,
Beoeaiary for net maDufaoiures. and particularly
oolloD, and also of naral slores and lumber, all tf
whicb, it is said, the can now obtain from do
oLber country btii this. Third, that as hei ranii-
ofacturea are now excluded froni the eootiDeRtof
Europe, by excluding ihem from the United
Stales also, her m a nulac lories, on which hei ua'
tiond eiiilence depends, must fall.

Will gentlemeo pardon me if 1 examine Cbi:
aubjeci a liiile in detail 1 la doing thin, I bope
ibat no one will cooaider that it is my intention
much less my wish to depreciate the value of thi
eommeree of ihia country. No, sir; our com'
merce ia highly valuable not oolf to ouraelvet,
Inii 10 foreign nalioDB,flDCl particularly Great Bri-
tain ; my otily object in, to show, in tJic present
alate of the world, thai we have overrated il as a
measure of coercion. It is said that the British
Weit Icdiea are absolutely dependent upon us
for provisions and for lumber, &e. There is no
doubt bul ibaE the United States, from their local
situation, from ibe naiore of their production*,
•ltd from the superior industry and enterprise of
their citizans, are able to affurd supplies to (he
Weal India islands at a cheaper rale than any
other country. Bui, doea ii fallow that they can-
not obtain them from any other qnartefl Corn,
and oiber articles of provision, can be raised in
the islands themselves; and larse supplies of
lumber can be obtained from the Briiish provta-
ce* or Canada and Nova Scotia. Durinfi the last
Summer they were in part supplied from the
Spanish Main with live aiock, whicb Ihey had
heretofore received principally from New Eng-
land, acd at a much cheaper rate than they ob-
tained tfaem from us. With respect lo lumber, I
have been informed, and I believe the information
to be correct, that during the last Summer a sin-
gle contract was entered into in Canada taaiiprily
lUdtber, to the amount of half a million sterling;
and I do know that many of our citizens have
gone into that province for tbe express purpose
of obtaining that article.

In order to show tbe importance of the West
Indies to tlie mother country, it has been siaieil
that a large proportion of the reve.nue of Greal
Britain arises from duiifs on articles of We»I
India produce, and particularly on sugar and
ooffee ; and, a« I have understood from a gentle-
man from South Gnrolioa, (Mr. David R. Wil-

a,) to the amooot of aboai one-thinl of ber

ily said it amounted to one-ihird of the
customs ]

Mr. P. eoniioued.— I will not undertake to
Slate the amount of the revenue arising from the
customii, as they are called ; ifaey may amount to
SfEeen or Iwenty millions. But, sir, the dolie*
arising from imposts from the West Indies, con-
biltuie but a small part of the whole revenue of
tbe Briiish empire.

The duly on sugar eonslilnles neartf the whole
of the revenue from West India artielea. In ibe
year 1805, viz : . - - - £2,T72,498
From this is to be dedneied for draw-
backs - . - -X236,531
For bounties on the exporu-
tioD of ledoed sugars - 807,405

^ — 1,639,578

Leaving only - - - 1,042,926
as net revenue ; ao that the who)e amoiint of dn-
lies during that year, from tbe West Indie*, could
noi be much more than one- twentieth part of ihe
whole revenue of Great Britain; as the whole of
her revenue, for three or bar years past, has not
been leu than about ihiiiySve or foriy millioita

The truth is, sir, that a much lar^r proportion
of OUT revenue ii derived from duties on ariicla
imported from the British West Indies, than that
of Great Britain ; for, on an average of the yeara
1802, 1803, and 1804, the duties on rum andsu^r
from that island amounted lo tl|436,000, being
about oae-eighih of the whole of our revenae
during these years.

Bul, it is said; Great Britain herself will «od
does, in part, now verv sensiblv feel the want of
our provisions, an'd particularly breads t uOs ; iha
prices curreoi of Liverpool have been quoted to
prove the scarcity of wheat in that coaniry.
Are gentlemen now to be informed that GreaE
Britain does not now depend on ua for herbread-
Hiufis, and thai very Utile is exported there even
in limes of very greal scarcity 1 Indeed, sir, tb«
whole of our exports of wheat and flour wonld,
paraiively, add very little to her stock For,
xamination, it will be found that, on an aver-
age of the years 1804. 1805, 1806, and 1807, we
exported only 5,874,321 bushels of wheat in tbe
whole,.calculating five bushels to a barrel of floor.
able caTculatioQs I have aeen, and pni-
ticularly those made by Mr. Chalmers, make tbe
total consumption in England and W&lea a*
follows :
Bread corn, 9,339,000 quarters, or 74,440,000
libela. Corn made into liquors, 4,665,000 quar-
rs, or 37 320,000 bu&hets. So that the whole of
our supply would add bnt about ane-tweotielb
part to the whole of their consumption. The idea
if starving, or even, in any great degree, distress,
ng a nation that commands the ocean, by with,
loldiog our supplies of provisions, has alirar

.yGoogIc

iai7

HISTORY OF CONGRESS.

1218

JlNDABT. 1809.

Additional Military Force.

a. or R.

appeared to me chimericnl, »ad, from ibe experi'
meni which has now been made, mast be abaa-
dooed. Ii is asked, however, where Great Briiaiti
will oblaiD a supply of naral stores, bo absolutely
necessary for the tnaialenaDce aad support of her
eeetsi

It can only be neeeisary, sir, to look ioio the
exports to Sweden, to find where she can obtain
an abundant supply of tnr and turpentine. Du-
ring the year 1804, lOO.SOO barrel; of ship articles
were exported from the port of Stockholm alone,
a quantity, it is believed, larger than was ever
exported from the United Slates in one year.
But a small pert of this went to the ports of
Oreat Britain ; she will dow, however, be able to
obtain the w bole quantity which may be eSponed
from that kingdom.

But, it is said, she can nblain her supply of
cotton from no other quarter than the United
Stales ; and tbal, of course, most of her cotton
maoufaclorles might stop, and thousands of her
manufaclurers be reduced to beg^r^. Let me
ask gentlemen where she obiatned this article be-
fore it was cultivated in the United States? In
the year 1799, she imported cotton to the amount
«t least of 40,000,000 lbs. In the year 1800 there
was imported into England and Scotland 54,000,-
000 lbs. of the same article. During the former
of there years, the United States exported btil
9^3S,383, and. in the last, but 17.789,803, (o all
parts of the world. In IBOS, 348,799 bales of cot-
toik were imported, about one-half of which came
from the United States. In consequence of the
increased cultivation of this article to the South-
ern Slates, for six or eight years past, we have
supplied Oreat Britain withabout one-half of the
cotton which she has consumed In her maoufac-
tories, and her supply from other quarters has
dltnioisbeJ. The quantity which is now annually
consumed, in her manufactories, may be estimated
at about 60,000,000 lbs. There is no doubt, that,
by cutting oQ* one-half of her snpply at once, a
temporary scarcity may prevail; it would be,
however, but temporary. She will soon be able
to make up the deficiency from other quarters.
That I am not incorrect in this particular, will
gentlemen suffer me lo turn their attention to a
staiemeoi made on this subject by an eminent
merchant in London, Mr. Alexander Baring,
-whose name has been otten mentioned in this
House, and whose opinions and statemenLi are
justly entitled to mnc^ weigbi and credit.

In his pamphlet on the subject of the Orders
in Council, be slates the quantity of cotton im-
ported into the ports of London, Livernool, and
Olasgow, from different parts of the world, in the
year 1807. to be 283,667 bags ; and of this 171,-
267 were from the United Stales, and only 18,981
from the Brazils. He also states, that the usual
quantity annually imported from the Brazils and
into Portugal, is. 140,000 bags of 110 lbs. each.
The whole of the cotton from the Brazils wilt
now go to Kngland. If, then, we add this quan-
tity to chat imported in (he year 1807, from all
other parts of the world, except the United States,
Uia amooni will stand thus: ,

lOlbCoir. 2dSiss.— 39

Lbs.
From the British Weil Indies - - 8,690,700
Colonies conquered from the Dutch - 13,095,300

East Indies 3,422,700

All other parts (except the United

Slates.PortU{;al, and Brazils) - 2,517,000
From the Brazils, 140,000 bales of 110

lbs. 15,400,000

Making - • - 53,125,700

It will be observed that this Is but the usual
and ordinary quantity that is raised and imported
from these countries, and that it can, in a single
season, be iacreased so as to make up the deficien-
cy from ihe United Stales. Indeed, sir, Mr. Ba-
rtng himself, who is opposed to the Orders in
Council, (and thinks them highly prejudicial to
the interest of Great Britain,) in the same pamph-
let, says, afler speaking of the impoiiation of cot-
ton from the different parts of the world :

"There certainly can, in no event, be any appre-
hension of want of cotton; no article is more gene-
rsllf or more esnly prod need in all warm climates;
theincreued cnllivstion in the United States, provea
that it can be afforded there at the cheapest rate, and
we cannot procare it with mare advantage than frooi
• cDOntry which takes Ihe same article back in a niait-
nfaeloTed state, probably to the fu!t voJne of the taw
material which she furnishes."

Buf it is said that we take and consume so
large a proportion of her manuiaeturea, that, if
deprived of our market ia this respect, she most
feel it so sensibly as to compel her to yield to us
those rights which we demand. To prove this,
gentlemen from different quarters of the House
have staled that we lake and receive her mann-
faciurea to the amount of one-lhird of all her
exports. I understood this to have been slated
by the chairman of the Committee on Foreign
Relations, (Mr. O. W. Campbell.) This state-
ment, I apprehend, is incorrect, more especially
if it is intended to satisfy and convince thia
House and the nation, that the United Slates
consume so large a proportion of British manu-
factures. Qenileraea may, perhaps, have been
led into ibis error b^ not attending to the distinc-
tion between what is called the official value and
the real or estimated value of the exports of that
country. The official value, it is well known, ia
taken from the custom-bouse books, according to
a rale or valuation fixed more than a century ago;
it is, of course, now far less than the real value.
The official value, however, is the one which ia
grenerally quoted, in hooks, giving an account of
British exports.

No one has stated the amount of the exports
of that country, except the gentleman from Ken-
tucky, (Mr. JoBHBOH,) who, if I do not misreeol-
lect, stated it to be thirty-seven millions sterling.
This is more than the official value, and mocn
less than the real value, according to ihe accounta
which I have seen.

During the year ending nn the Sih day of Jan-
nary, ISOa the official value of British exporta
was £26,993.180 sterling, but the real value waa
£48,500,483 sterling, or aboal «218,000,000. TbU

.yGoogIc

1S19

HISTORY OP C0NQRBS8.

Addilianai Military Farct.

Jancabt. ]S09.

ii taken from aa account laid before ParliaioeDt,
and, I presume, may be coosidered aa correct.
The Bmount of eipcrts for the year ending on
the 3ib day of January, 1S07, 1 have only seen io
a newspaper i I will not, iherefore, vouch for its
eorreclness. It is ihere slated to be £33.447,590
aterling. 1 presume official value, the real value
of which mit!hl be Dearly double, £60.000,000
aierling. It is difficult to BscertaiD, with pre-
cUioa, the amount of Btitinh matiufaciures which
the Uiriied States consume Koaually, as a verf
large proportion which they import are again
»poried to the West Itidies, to South America,
and other parts of the world.

From a report, however, made to this House by
the Secretary of the Treasury, in 1S06, relative
to our commerce with Great Britain during the
years 1802, 1803, and 1804, we can form an esti-
mate not far from the truth. By ibis report it
appears that the average amount of the annual
iropoil during that year wss estimated at 027,-
400,000, in British manufactures. These coosist-
ed princi[Uilly of goods paying ad valorem duties.
That, during those years, we exported merchan-
dise, paying ad valorem duties, to the average
value of 9,^-lTi.mi. A part of the merchandise
thus exported came from other countries, but it is
bdieved not more than one-quarter part, which
would leave for our own consumption, annually,
during these three years, about 920,000,000 of
British merchandise, which is but about one-tenth
part of the amount of all the exports of that
country. Daring the years 1806 and 1807, it '-

>ur imports of British
ween j^ortv and fifty w
sisling principally of IhoiR which pay ad vali

o between j^ortv and fifty million of dollars, coD'

's; but, during the year 1806, we exported
the same kind of goods to the amount of $18,571,-
477, and, in the year 1807, similar goods to the
amount of $18,564,507, of which, in 1807, $9,-
870,753 were exported to the Spanish Weat In-
dies and American colonies ; so that a great pro-
portion of British manufactures, which, for some
y«ara past, we have imported, have been con-
tiaually destined for ■ .foreign market and not
for home consumption, and of wbich we have
been the carriera, and received the proGti. But,
aioce the embargo and the Spanish revolution,
those gooda, instead of finding their way to for-
eign markets through the United States and
through the medium of our vessels, find their way
to the same markets in British bottoms.

1 have ibought proper, sir. to make these staie-
menta and remarks not for the purpose of show-
ing that ihe trade of the United States is not
highly beneSciel to Great Britain, but to show
that it bad been overrated by many gentlemen on
this floor as a measure of coercion; and, for the
purpose of exculpating myself and mv consliiu-
enis, from the charge of an unreasonable opposi-
tion to ft measure wbich we have never believed
would produce any salutary efiects.

Will gentlemen permit me in the next place to
■nquira whether the embargo, even if fallowed by
a DOD-inlercourae, will coerce France to rescind
Imt obnoxious decrees ? And here 1 beg leave lo

observe that " the great and increasing dangeia
with which our vessels, our seamen, and mer-
chandise, are threatened on the high seas," meo-
lioned in the Message of the President, which
nmended the emnargo, could not arise from
the execution of the decrees of France against
the United Slates on the ocean, for it is well
known that sbe was incapable of executing them
on that element. Suppose, sir, the Emperor of
China, at one of his palaces at Pekin. or some of
lis Tartar provinces, beyond the Chinese wall,
hould issue his decree declaring the islands and
dominions of Great Britain in a state of block-
and that all our vessels found going to or
from there, or loaded with their products, should
be good prize 1 Under such a decree our vessel*
would be liable to condemnation, if taken in vio-
iting it ; but the difficulty would be, the Empe-
ir of China has it not in his power to take

The power of the Emperor of France to en-
force his decrees on ibe high seas is nearly as
inefficient as that of the Chinese Emperor. For
further proof of this, let me refer gentlemen to
latemeuts and opinions of roembera of the
linistration, contained in the documents now
lur table. The Secretary of State, in bis
letter to Mr. Armstrong, of February 3, 1808.
speaks of the attempt of the French Oovemment
to enforce its decrees on the high seas aa " an

mpty menace." The Secretary of the Treasury
Jso says in his annual report :

" It msy, Indeed, be admitted that the decrees of
France can be enforced only in her own territorie*, and
in tbow of her allies ; thai however efficient in pie-
ventins anj commerce between the United Statea and
tbEmseltes, those deereea cannot materlAll; aflect that
between her enemies end the United States, and may,
therefore, in thai respect, be dieregaided."

These documents, sir, prove, to ray mind, ibat
it was the wish and intention of the French Gov-
ernment that the United States should make
common cause with them and the continent of
Europe, in a commercial warfare against Great
Britain, in support of what are called maritime
rights. I trust, hovever, the House will not un-
derstand me as saying that oar Government laid
the embargo in compriance with these wishes and
determinations. I have introduced them for llh
purpose of showing that a continuance of the
embargo, though enforced by an army of fifty
thousand men, would not compel or iiidDce Bo-
naparte to rescind his decrees.

Our Minister at London, Mr. Pinkney, in his
letter to Mr. Canning, of October 10, 1806,speak-
iug of the intercourse between Great Britain and
the United Sutes, also says. " Thai the edicts of
France could not prevent tnat intercourse, even
if France should adhere to them f and " that the
power of France upon (be seas, was, in no degree,
adequate lo such a purpose."

If anything else were wanting to prove tbU
our commerce is in very little danger from these
decrees, let me refer the House to another dccn-
meot furnished us from the Senate; bf which it
ap^ara that out of five hundred and uitcty-rout

.yGoogIc

HISTORY OF CONGRESS.

Jahdart, 1609.

Additional MtUlary Farce.

H. o

reiwU which sailed from out ports in the course
of the last Summer, under special perminsioD from
the President, the most of them hare returned in
safetjr.though liable to be captured aud condemned
under these edicts. It is also well kaown, that
maojr of these vessels obtained insurances agaitist
French captures under these decrees, for the mod-
erate premium of Bve or sii per ceol.

But, sir, a perseverance in the embargo sys-
tem, so far from corapelliag Booaparte to rescind
hii decrees, will ioifuce him to continue them;
for, so far as this restrielioD on our commerce op-
erates against Great Britain, it meets with bis
eatire approbation. Nay, sir, I will go farther,
and say, that in September, 1807, he extended the
operation of the decrees against toe United States
OD (he high seas, and seized and held in sequestra-
tion the properly of our citizens in bis ports, for
the express purpose of compelling us to lake a
part with him and the whole continent of En-
rope, ill a commercial warfare against Great Bri-
taiit. I will prove this, sir, from the documents
on your table; and for this purpose let me in the
GtBt place call the attention of the House to a
lelteiffomM. Champagny to General Armstrong,
dated at Milan, November 24, 1S08, and which
accompanied the President's Message, at the open-
ing of the present session.

After speaking of "the reclamations," as he
calls ihem, on our part, against the execution of
the decrees, the injuries the United Stales bad
received from England, and the inconveniences
iphich Durciiizeos experienced from the new and
extended operation of their edicts, M. Ghampag-
Qjr says :

" Bnt it is not to France. It i* to England, that
thtae inconveniences to individuals ought to be impn-
td). She it ii who hu given the tiample of meaeurei
unjust, illegal, and infringing on the iovereignty of
nstioni. To oblige her to ranonnce them, it hu be-
come neceasary to eambat her with her own arms ; in
Tiolating the right* of sll nations, she hsa united them
all, bj a common intereat, and it is for them to have
iweaursa to force agsinat her ; to forbid her the search
(ia vuilc") of their vetsels ; the taking away of their
crewi ; and to declare thenuekes against measures
which wound ^eir dignity and their independence.
The nnjust pretensions of England will be kept up ai
tong as those whose rights she violates, are silent ; and
what Government has had more to complain of against
ber.thaottieUDitedSutes! All the difficulties which
bave given rise to jour reclamatiotis, sir, would bo re-
moved with ease, if the Government of the United
States, after eompUining in vain of the injustice and
TioJatiolis of England, took, with the whole Continent,
the part of guaranteeing itnlf therefrom. England
has introduced into the maritime war, an entire diare-
gtri for the rights of nations ; it is only in forcing her
to a peace that it is poaaibla to recover thera. On this
point the interest of all nations is the same. All have
their honor and their independence to defend."

I would here obserre, sir, that this letter appears
lo be written as an answer to one of General
Armstrong, of November 12, of tbe same month,
in which, in a very spirited manner, he remon-
strated against (he decrees of the Council of Prizes,
in the case of the Horizon — and also in answer to

other remonstrances, which our Minister baa
made a^insi the seizure of the property of oar
ctizens in tbe ports of France. The Horizon, it
is well known, was shipwrecked on the coast of
France, and in that event was entitled to the
rights of hospitality, even from an enemy. Not-
withstanding, she was seized, and that part of her
cargo at least, which consisted of British mann-
faciures, was condemned under the 5th article of
the decree of November 21, 1803. At the aaiae
time, other property, to a large amount, belonging
to oar citizens, in the different ports of France
and her dependencies, was seized and held in se-
questration. And what, sir, does M. Cbarapagny
tell our Ministerl Heaays, "all the difficul lies
which have given rise to your reclamatioits, sir, '
would be removed wiih ease," &c. What wera
the difficulties of which our Minister and oot
Oorernment had complained, or to use the French
style, had given rise to our reclamations 1 Why,
sir, the very condemnation in iheeaseof the Hor-
izon, and the numerous seizures of our property
in their pans. ' And what was tbe condition upon
which these difficulties " would be removed with
ease V It was simply this — " if the Government
' of the United Stales, after complaining in vain
' of tbe injustice and violations of England, took
' with the whole Continent the part of gnaran-
' teeing itself therefrom."

The language of the French Minister is too
plain to be mistaken. He tells ns, in snbstaace,
that his master has seized the property ofourcit-
izens, and will proceed to a condemnation of it,
unless the United States will join him and tbe
Conlioeat, in a commercial warfare against Great
Britain. To prove, sir, what was the part which
the Freoch Government wished us to take with
the Continent, it is only necessary for us to go
back to the lime when the Treaty of Tilsit was
entered into between the Emperors of France and
Russia, in June or July, 1807. It has always been
said, and I have no doubt of the truth of it, that
by a secret article of this treaty the Emperor ot
Russia had aereed to join the French Emperor,
in eicludiog British commerce from his domin-
ions. It was in pursuance of this agreement, no
doubt, that on the 26th of October, 1807, the Em-
peror of Russia issued his manifesto, probibiliog
all intercourse with Great Britain, until the prin-
ciples of the old armed neutrality should here-
cognised and ackoowledired.

Immediately after the Treaty ofTilsit^ in which
(as Don Pedro Cevollos in bis exposition, says)
'- tiie destiny of the world seemed to be decided
in bis favor." on his return to Paris in Angoai,
Bonaparte nad come to a determination that aa
be had settled the affairs of the belligerents, eX'
eept England, to kit mind, he would settle ifaoee
of neutrals in the same way, and he had also re-
solved to form an union of all commercial Siatea
against Great Britain, and that there should no
longer be any neutrals— [Mr. Pitkin was here in-
terrupted and asked what proof he had (f this.]
If I were permitted, sir. to put my finder on cer-
tain documents, I could prove it saiiafaalorily.
fMr. Lovs here interrupted Mr. Pitkih, and de-

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1223

HISTOKT OF CONGRESS.

Additional Military Force.

nied that there were idj such documeats in ii
poueMiDDor the House.] We have, Mr. Bpeake
I know. documentB that are public, and alio tho:
VhicharecoaGdeniial ; end BccordiDg [o the ruli
of the House, it is perhaps improper lo refer to
those, which the^ have ihouEht it necesaary to
keep from the public ey«. Tbev canool, there-
fore, be read in public, and iadeed I Jiaow not
whether they are dow in the possessioa of the
House. Bui, &ir, I koow their conteola, ai nrell
ta ihe geDllemaik from Virginia. I bad the Mine
informal ion, however, from agentlemnn who was

' in Paris, ia August, 1807, and I do not besitale to
ny, that I bare do doubt of the truth ofii. But,
•ir, the (Ubsequeoc couducl of ibe French Got-

' MniDeiit proves it beyond cootrovemy j for very
•oon after this treaty, a new and rxiended
■truction is given to (he decrees, by the ex|
direction of the Emperor himself. On ihe
September, Regnier, Grand Judge, is directed to
declare, that as there is no excepiioa io the
cree, there is no ground to make any in the
cation of it. And when, on ihe 24lh of the same
month, our Minister 81 Pariiremonatratedaaahisc
ibis new and extended constructian, aod sfki _..
explanation of bis Majesty's views in relation lo
thie subject, as it respecled the United Stiles, he
is answered by M. Cfaampsgny, on the 7th of "
lober, that " toe decree of blockade has been
■ itsued eleven months. The priticipal Powers of
' Europe, far from pro testing against Its provisions,

< kave adopted them. They have perceived that
' ila eztcDsion must be complete, to render it more
* effectual, and it has seemed easy lo reconcile

< thete measures with the obkervBiice of treilies,
'eapecially at a time when the infraction by Eng-
*lajid,ofthe rights ofall maritime Powers, render
' their interest common, and tend to unite ihem
' in support of the same cause."

These documents, sir, prove, lo my mind.
that it was the wish and determination of the
French Qoveroment, (haE the United Stales
■hould make common cause with iheiu and the
cooliuenl of Kurope, in a com-merciiil warfare,
against Great Britain, in support of what ia cb11-<
ed maritime rights. I trust, howeveri'ihe House
will not understand me as saying, that our Gov-
ernment laid the embargo in compliantie with
theK wishes and determination. 1 have intro-
doeed them for ibe purpose of showing, ibai a
continuance of the embargo, though enforced by
an army of Gfiy tbousaDif men, would not com'
pel or induce Bonaparte to rescind bis decrees.

If anything else were wauliniF lo coavince us
that the embargo restrictions aliJl meets the ao-
probation of the French Government, I would
lefer to the late address of Bonaparte to the Le-
(wlative body, immediately afte^ his return from
Brfurth, in which he says, " The United Stales
'of America have preferred lo renounce com-
' merce and the sea, rather than acknowledge the
' ibvery of them." But more particularly would
I call I^B attention of the House and the nation,
to a document lately published m this country,
which, in French, is called an expas6, lately ad-
die«ed by Mr. Creiet, Minister of (he Interior,

to the Ligislative body. After speaking of the
war with Qrent Britain, he says " the war will
' henceforth consist In repelling from all points
' the English commerce, and employing the mean*
'calculated lo promote that end. France has
' energetically concurred in the exclusjoa of the
' mooopoly of commerce ; she has resigned her-
' self to privations which long habit-i must have
' rendered more painful. Some branches of her
' agriculture and her industry have suffered, and
' still suffer, but the pro.<periiy of the great body
' of the people is not affected ; she Is familiarized
'with that transitory state, the duration of which
' she beholds without feiir. The allies of France
'and the United Stales sacrifice, like her, and
' with a resolution equally generous, their private

After lliis, sir, it must be impossible for any
man to believe that a further continuance of the
embargo, even aided by a non-intercourse, will
operate as a measure of coercion on France, so as
10 compel her lo change her mode of warfare
against her enemy. No, sir, these restriclions on
our commerce, so far as they operate to injure
the commerce of Great Britain, do really co-
operate with the French decrees, the object of
which is to destroy Great Britain, by the ruin of
her commerce; and without which restriclions,
those very decrees would have a much more lim-
ited efiecl. Il is on this account, that our em-
bargo system is boroe so paiienily by Bonaparte,
and even receives his benedictions aud that of
his Ministers.

But, sir, if this army of fif^y thousand men is
not wanted for the purpose of enforcing the em-
bargo laws, it must be raised for Ihe purpose of
war, either defensive oi offeDsive.

No gentleman has slated thai we are in any
danger of an invasion i it cannot be pretended
that there is any prospect of an attack by land.
Should such an attack be made, shod d hostile
footsteps a^ain tread our shores, (here would b«
but one opinion as to the course lobe pursued.
Such aitacks are to be repelled at every risk, and
at every hazard. This number of troops, there*
fore, can only be wanted for an offensive war;
indeed some gentlemea have repeatedly stated
on this floor, that war was inevitable, and have
likewise staled, thai, as we are the injured party,
it must be an offensive war. And here 1 b^
leave to call ihe atteolion of the House lo a re-
port of (be committee in respect to our foreign
relations, and which was made for (be purpose of
pointing out the course the United Stales ought
to pursue, wilh respect to foreign nations. Tnis
report stales (bat we have but three aliemaiiTes :
''submission, war with both nations, or a coo-
' tinuance and enforcement of the present suspen-
' sioa of commerce." They say, " The first can-
iio[ require any discussion. Bnt the pressure of
the embargo, so sensibly felt, and the calamities
inseparable from a slaie of war, naturally create
a wish thai some middle course might be dii-
covered, which should avoid the evils of both,
and not be inconsistent with the national honor
and independence. That illusion might be dis-

.yGooglc

1226

HISTORY OF CONGRESS.

Jahuary, 1809.

Additional MHitary Force.

H.c

' tbe United Sisiea shoald fully uaderaii
' situitioa ia which they are placed. There Is
' DO olhei altemaiire but war, with both nations,
' or H coDtinuance of the present system."

Jodeed, Mr. Speaker, is ibis the situation ofllie
people of the United States 1 Is there do middle
course, no middle path, in which we cbu an)
loD^er pursue " the ooiselest tenor of our way 7'
Could ihe commiiiee present us with nothing
belter than such dreadful alternatives? IT s<
we bave but Scylla on- one side, and Cbarybdi
on the other, and no middle passage through
ivbicb we can steer our political ship. We must
iueritabW be dashed to pieces, on the rocks of em-
bargo ana non-intercourse, or be swallowed upiu
the whirlpool of European conflicts. If this is ibe
situation of the people of the United States, dread-
ful and calamiiou'^ is their situatkin. 1 had, sir,
hoped, fondly hoped, nay, believed, that HesTco
iiad in store many, Tery many blessings yet to
come for the people of this couutry. But, if they
have DO other prospects than those presented to
ihemb^ this committee, I have hoped and be-

Tbe committee, indeed, in another part of the
same report, say; " The present unsettled state of
' the world, the extraordinary situation in which
' the United Slates are placed, and the necessity,
orted to, of iqahing it at the same

' tiesitatian." The present state of the world
indeed, sir, unsettled ; and when it will be anin
settled, is known to Orimiscience alone. War
with both nations, and those the (wo most pow-
erful of the world ! Let me ask the committee
what nation has any efficient })ower except Eng-
land and France, and their allies and dependen-
cies? Sir. there is none. War, therefore, with
those nations, is war with the whole world.

Europe at this moment, sir, presents b specta-
cle of which history records no parallel. When
ihe Roman Empire, enervated by luxury, was
overrun by the oorthem nations, and Ihe fairest
portion of Europe was taken possession of by its
savage, but bold invaders, it was parcelled out
sinong the rival cbiefiains, who achieved the
conquest. No single individual, either at (hat
time or since, has ever had the supreme contrql
over this part of the world. The power of Char-
lemagoe, in the zenith of his glory, was nothing
in comparison with that of the present autocrat
of the continent of Europe. I am lost in aston-
ishment, when I reflect on the enormous and un-
equalled power now possessed by the Emperor
of France, and the rapidity wilh which Ibat pow-
er has been acquired.

The minor kingdoms of Europe, as well as
newly made kingdoms, hsve been parcelled out
among the different branches of his family, almost
without a struggle; and the fate of (be larger king-
doms and empires has been decided by sinale bat-
tle. The battle of Auslerlitz, sir, brou^t the
proud house of Austria at the feet of the French
Emperor; the battle of Jeita anaihilated (h«

house of Brandenburgh ; that of Friedland, com-
pelled the Emperor of the North to crouch at the
feet of (he eonquerer; the bouse of Braganza, in
Europe, was annihilated by a single word; and
what, let me ask, has become of the Spauish part
of the house of Bourbon 1 Their fate is but loo
well known ; they are prisoners, state prisoners
in France ; and much I fear, the fate of the peo-

Ele of rhat unfortunate country, will also soon be
ut too well known ; I fear even while I am now
speaking, they may be the victims of the vassals
of the usurper.

When I reflect on the events, which have, and
are now taking place in Spaia, I cannot but feel
emotions, which I am unanle to express. From
the time when the infamous Godoy, the Prince
of Peace, was elevated (o power, and French in-
fluence governed in the national councils of that
country, some of her heat and wises( men, and
particularly old Count Florida Blaoca, (who, la
the cabinet at least, was the Washington of
Spain) were banished from Court, and have ever
since lived in obscurity in the distant provinces,
until the present revolution has called them into
notice. During the reign of (he Prince of Peace,
the King of Spain has been the friend and altf
of the Emperor of France. And how, sir, has
this friend and ally been treated? In the first
place, a laree part of his western empire was d»>
manded of him ; Louisiana was ceded to France,
and which we now possess (in part at least)

t the expense of fifteen millions; (he mines of
Mexico and Peru were next demanded ; the rich
products of these mines were poured into Ihe na-
tional coffers of France wilh a liberal, nay, witb
a bountiful hand ; not yet satisfied, some of the be«
of the Spanish troops were required to fight iha
battles of (he Emperor in the north — sixteen (hon-
sand ef the most gallant troops were immediatelj
rurnished. Not contented with all these, the Em-
peror, at last, demands the Crown and Kingdom
Itself. After having enticed ihe old Kiafi and
his son Ferdinand (o place themselves in his
power at Bayonne, he then compelled them to

'i^n an act of rennciation of (heir Grown and
i^ingdom in his favoi;. but not until after (as Ce-
vallos, who was on tne spot, says) the Emperor
in bis last conference with Fertfinaud, said to
His Majesty, "Prince, you have only (o choose
between cession and death." Mr. Speaker, bf

his act of ren uncial ion, the Spanish part of this
vestern quarter of the world is now claimed bf
the Emperor of France, and if he should con-
quer Old Spain and get quiet possession of this
part of America, (and it is not in our power to pre-
' it,) the United States are gone-
it possible, sir, that the Committee of For-
eign Relations, is it possible that this House can

•rionsly think of plunging the United Stains into

war with two nations who are al war with each
other, the one of which commands the land, and
the oiher the ocean T Will this country, as yet,
comparatively speaking,iD aatateof in&ney, eei^
lainly not advanced beyond a state of adolescence,
he able to meet the abock of such a war? Bir,a
war witb both nations b oat of the qaestion ;

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1227

HISTORY OF CONGRESS.

122&

H. or R.

AddiHontU MUitary Force.

Jandaby, 1809.

when we have oDce entered into this intermiQable
conflict, which is now eoDTulsiag ihe world, we
thall soon be compelled lo take part wilh'one or
the olhec of the belligereois ; and of course a con-
neiioa or alliaoce muti be forined with the ds-
itoD with which we lake n part. For myself,
sir, I want alliaoces wiih aeiiiicr — and I hope the
fate of other QBLiona will teach the people of this
cauDtr;^ to avoid a course which may lead them
to inevitable destructioD.

Will gentlemen suffer me to deiaia ihem a few
mnmeots looker, while 1 inquire whit are the pre-
cise objects of this war 1 and whether there is a
{robability of oar being able lo obtain thosenbjecls
V a war J It is said geoerally, for our toariiime
rights. It caanot surJiy be for the principle tbal
free ships make free goods (as a gentlemaii from
Massacnaseits, [Mr. Bacon] has hinted)— I ud-
dersiood that this has been relinquished by the
present, as well as by the former Administrations.
Neither do I believe it can be for what ii called
ibe colonial trade, or repaVation for the attack on
Ihe Chesapeake. And as to the right of impress-
ment of British seamen oo boardof our merchant
Tesie]*, which has hitherto been made the prin
eipal subject of dispute betweea this country aot
Qreat Britain, and an express relinquishment o:
which has beea made a n'ne qua non of a com
mercial treaty, if I am able to uodeistaod the
views of our Administratioit, this point has been

S'Tenup,etleas[,for the present. It is well known
at (he proclamation of the King, of (he dale I
beliere of the 14th of October, 1807, recalling all
British seamen from foreign employment, was
Uid before Congress, by the President, when (he
laying of the embargo wasrecommended; and that
one oDJect of the embargo was tu coerce Qreat
Britain to relinquish this right of impressment of
her subjects from out- mercnml Tessels.

When our Government, therefore, offered
Great Britain to repeal the embargo on her re-
■oinding her Orders in Conaeil. I consider that
they had come to a determination that our vessels
might navigate (he ocean, no(wi(halandiiig the
Tight of impressment had not been relinquished,
and that of course ihey would not go lo war, in
order to obtain that object. If this be true', the
aole object of the war must be (he orders and de-
crees of the beliigerents. And hence, sir, thi
^VesiioD is not, whether a war, according to thi
Known laws of nations, would not be just against
both these nations from whom we have received
so many iojuries. There is no doubt, that for
aeveral years past, we have had what may be
oalled jnsi causes of war againsi them both. But
the question is, whether in (he present unsettled
state of the world (as the committee say) it
wise, prudent, or politic measure; and whether
therein a probability that we should thereby atii
the objects we wish 1 Shall we obtain either
demoity foe the past, or security for the future 1
The eld law of nations is very little regarded by
either of the helhgerents. France says (hat Eng-
land in her mode of warfare regards no laws, and
therefore she is obliged "to forget them, and even
fotaa insiant to forget herself," and thereforeis-

Bues her dectees. On the contrary, England ^YH
that Prance is.cartying on an unparalleled mode of
warfare against her, and she is obliged " to retort
QD her eoemies themselves, the consequence of
own violence and injusiice." Both ground
their proceedings DO the principle of necessity and
self-defence. Now, sir, if it were possible for us,
who are (he only neutral nation in the world, to
ston the wild career of these mighly belligerents,
and to compel them to obey the law of natioosr
aa it has hitherto been acknowledged, and lo do
us justice, I should be willing to do this, even at
the expense of a war. But will any gentleman
say, after B long and expensive war, we should
be able to obtain such terms as would secure ua
in our neutral rights hereafter 1 Could we expect
that France would stipulate with us, that if ever
she should again attempt to ruin her enemy, by
dcBtroying her commerce, that she would not is-
sue decrees similar to those of Berlin, Milan, and
Bayonnel And if she should so siipulate, what
security should we have that these stipulations
would not be broken, whenever imperious ma-
jesty should require it? And, on the coDlrarf,
would England agree by treaty, that in case
France should ever commence a commercial war-
fate against her, that she wonld not retaliate by
similar Orders in Council 1 And if she would,
could we depend on a faithful porforrosnce of
such a treaty 7 No sir, we could not. It is said,
that we could lake Canada and Nova Scotia, and
bold them at least as pledges. I have oot adoubt,
(hat we might take these provinces, but (as my
colleague [Mr. TallhadoeJ who is a much bel-
ter judge than I am, says) it must be at a vast
expense of men and money. But, sir, while we
are attacking the extremities of the British Em-
pire, our enemies may perhaps be attacking the
very vitals of our country. It will be in iheir
power to lay our cities, our towns along the sea-
coasl, under contribution, and- 1 fear in ashes, I
do not know that this would be the case but I
fear it would be in their power to do i(. But, sir,
I do not want Canada, as an accesMou of terri-
tory ; and it will be difficult, I apprehend, to per-
snade the citizeosofConnecdcut, at least, to leave
(heir smiling villages along (be coast, exposed to
the ravages of an enemy, and risk (heir lives ia
the woods and wilds of Canada and Nova Scotia.
Supposing we should obtain them by conquest,
would we by this obtain a security for the future,
against (he infraction of our maritime rigbis 1 I
do not believe it. It is very questionable whether
these provinces are of much real benefit to the
British Brapire; the ordinary annual expense of
the civil and military gareriHnent there, is about
one million of dollars. The King undoubtedly
considers this province ai a part of bis Empire,
much in the same manner as he does a gem of
minor brilliaocy in hii crown, which he would
not have plucked from it by force ; but when once
gone, the crown would not be much less briUiant
or the lets valuable.

Whea I consider, sir, the prosperity which this
country has experienced for fifteen year* past, the
Bccumuladoa of wealth, oot only in otii cities aod

.y Google

HISTORY OF CONGRESS.

Jandast, 1809.

Preparation for War.

H. ova.

lowDi, but in ever^ Tillage, duriag tliis period, no J
(he geoeral happiueas we aave enjayea — and ibit
uoiffithsiBudiag the maay iojuriei and losses our
cilizeas hare suataJDed front the aggreisioos of
lwtbtbebelligereotB,IcaDaDt coaieoi loezctiaoge
this siiuaiion for the miseries and calamities of
war,wilhoutaceTtaiD prospect of some permanent
fuuregood.

It may perhaps, by some, be considered as agree-
able to the laws of honor and chivalry, lo attack
the world iD arms, without » prospect of success;
but, air, I will Dever eonseac to place my country
io such a siiuaiioa, in which we can only say,
as Francis the First did, after the battle of Paria,
"all is lost but boDor."

I had intended, sir, to have touched opon some
other topics, to bars pursued (he hint thrown out
by the gentleman from South CaTolina, (Mr. D.
R. Williams,) thai there was vet a hope that
some arraogement of our diChcuItieB might still
be made, which should continue, at least, until
Ibis mighty conflict in Europe was over. But,
sir, my Eiiensth is nearly gone, and lam sure the

ritience of the House must be quite exhausted,
will conclude, therefore, by expressing mv most
earnest hope tttai the bill may not pass, out be
postponed iDdefiuilely.

When Mr. P. had concluded, the House ad-
journed without taking any qaeslioo.

Mo:<DAT, January 30.

Mr. NEL80M,froni the committee to whom was
referred, on the eleventh of November last, so
much oftlie Message from the President of the
Uniled States, at the comraeocement of the pres-
ent session of Congress, as relates to the Military
and Naval Establishments, to whom was commit-
ted, oD the Ihiiteecth instant.a bill sent from the
Senate, entitled "Ati act supplementary to an act
entitled 'An act more eflcctually to provide for
the national dtience, by establishiog an uniform
militia ibroughoul the Uoited States," reported,
that the comtuiltee bad had the said bill under
coasideraiion, and directed him to report the same
lo the House, without amendment: whereupon,
the said bill was committed to a Committee of
the whole House to-morrow.

Mr. Holmes, from the Committee of Claims,
to whom were referred, ou the niaeteenlh instant,
a letter and report from the Secretary of War,
with sundry accumpacying documeois, presented
a bill coacerning invalid pensioners; which was
read twice and committed to a Committee of the
Whole to-morrow.

Mr. NEWTON:from the Committee of Commerce
and Manufactures, presented a bill to prohibit, in
certain eases, the entry of foreign vessels into the
ports and harbors of the United States; which was
read twice and committeil to a Committee of the
Whole on Wednesday next.

A Message was received from the President of
the United States, transmluiDg n letter recently
received from our Minister at the Court of St,
James, covering one lo bim from the British Se-
cretary of Stale, with his reply, being a sequel to

the correspondence which accompanied the Mea-
sage 10 both Houses, of the seventeenth instant.
The Message, and the papers transmitted there-
with, were read, and ordered to lie ou ihe table.

The Speaker laid before the House a letter
from the Postmaster General of iheUnited States,
accompanying his reports respecting unproduc-
tive routes and public contracts; which were
redd, and referred to the Committee on Post Offi-
ces and Post Roads.

A message from the Senate informed the House
that the Senate have passed a bill, entitled "An-
actio exti ' ■ ■ - ■ -

the public
they desire the concurrence of this Hol._.

The House resumed ihe consideration of aa
engrossed bill providing an additional military
force^ which was depending on Saturday last, at
the time of adjournment : Whereupon, a motion
Mr.r " ■■' ' ■ .

PREPARATION FOR WAR.

The House resolved itself into a Committee

of the Whole on the resolution submitted by

Mr. Nicholas a few days ago, in the following

. , As the opinion of this Home, that tha

United Stales aught not to dekj bejond the daj

of , to repeal the embargo laws, and to reauuej

maintain, and defend the navigation of the high seas,
agaiosl any nation, ot nations, having in force edicU,
orders, or decrees, violating the lawful commerce and
neutral rights of the United Slates.

Mr. MiLNOR moved for a division of the resO'
lutii ■ "

fourth day of Mar
Mr. Randolph said be had risen for the same
purpose aa the gentleman from Pennsylvania, and
he submitted to the Committee whether, if the
embargo laws were to be repealed, it should not
be done with all [jossibLe speed. His sources of
information, he said, were neither very numeroua,
nor, possibly, very correct ; but he did understand
it to be a fact, that, in certain parts of the East-
ern Stales, the embargo was daily and hourly, in
the broad glare of daylight, not evaded, but dis-
regarded; that sleighs to an immense number
were daily passing from the United Stales into
Canada, laden not only wiih the product of thai
part of the Union bordering on Canada, but, also,
with the product of the Southern States, which
was carried, b^ a long and expensive carriage,
from the Atlantic Stales to Montreal, for export-
There were two points of view, in which,
Mr. R, said, it appeared to bim that if this law
was 10 be repealea at all, it ouihl lo be done with
all poMible expedition. The first was, that those
persons in nur own country who had set ibe law
at defiance, who had been guiltv of ihe most in-
civic conduct, should not reap tne exclusive ben-
efit of the commerce carried on. The other left-

.yGooglc

mSTORT OF CONGRESS.

H.orR.

Preparation for War.

Jahvart, 1809.

■00 waa, that it was well koovn thai the St.
Lawrenco was frozen up, and would remain
frozen long afiei our own waters were open.
Adfeniurers, lured by the hope of f^reat profit,
bad, at a vast expense, transported products doI
ihegrowtb of that part- of the country, into Can-
ada, knowinf; that the plan of embargo, if con-
tinued, would amply repay (he eitra expense of
carrying it. This produce, Mr. R. naid, lo an im-
mense amount, was deposited, as lie understood,
at Montreal, Tor the purpose of exporting it as
soon as the ice broke np; and he presumed it
was already paid for in British gold, or conimad-
ilies of some sort. And this, he said, was one of
(he ways in which he should have tio objection to
finger some nf ibeir gold, viz: by getting to mar-
ket before them, underselling, aod forestalling
them, which might easily be done from the ex-
pense of the iraaaportatioQ by land. Me submit-
ted it, therefore, to the gentleman from Pennsyl-
vania, whether, if the Committee determined to
repeal the embargo, it should not be as soon as
possible 1 If immediately removed, ii must shake,
and severely too, the capitalists of Canada; but,
if the removal was procrastinated, they would
reap the profits, whilst we should carry our pro-
duce to a market already glutted, or, ifnot glut-
ted, considerably supplied. When the resolution
eame before the House, if the Committee of the
Whole agreed lo it, he said he should certainly
move the earliest day possible for the remoral of
(he embargo.

Mr. MiLNOR said the gentleman from Tirgini)
must be fully persuaded that he was as willing to
get rid of the embargo as the gentleman himself
could possibly be, for he bad been opposed to the
embargo system from the first day the original
embargo law was passed. He said he had moved
to fill the blank with the 4th day of March, for
aeveral considerations. The resolution contem-
plated a repeal of the einhargo at a future day,
and not at the present day ; and, from conven
(ion which he had held with gentlemen bcrei
fore friendly to the embargo, and now disposed
remove it, be had supposed that an earlier day
would not be agreed to. Ooc other consideration.
he said, had considerable influence with him. Ai
present, there was a natural embargo on a consid-
erable number of the ports of the tJoited States.
By the fourth day of March, it was pretty certain
that nature would have repealed that embargo.
To place the merchants upoo an equality, he had
inpposed, he said, ibai it would be proper to fi)
a day for the removal of the embargo wbicl:
would give to all equal advantages.

Mr. Sloan gave one reason, in addition to tIios(
urged by the gentleman from Virginia, why tbi
embargo should be speedily repealed. It was i
fact known to many members on the floor, that
large speculations had been mode in consequence
of a belief that the embargo would be coolinued
for a great while. ArticTes of foreign produce,
which, though not absolutely necessary, had be-
come necessary by habit, were up to an extrava-
gant price. Ad early removal of the embargo
woold tend to remove the sufferings of the honest

part of the community, in consequence of the
nigh price of these commodities.

Mr. NtoHOLiB, who had been absent when the
lubject was taken up, wished to modify his reio-
ution. This being considered out of order, Mr.
N. moved to amend the resolution under consid-
eration by striking out the whole of it after the
word " Resolved," and inieriing the following:
Retohed, As the opinion of this House, that the

United States ought not to delay beyond the daj

of , to resume, maintain, and defend the naviga-

ion of the high seas ; and, that provision ought to be

made bj law for repeating, on tbe . day of ,

the WTerat embargo laws, and lor authorizing, at th«
■erne time, letters of msrque and reprisal against Great
Britain and France; provided, on that day, their or-
ders or edicts violating the lawliil commerce and neu-
tral rights of the United Btatea ahall be in fonia, «r
against either of those natiotia having in tbice and
ordera or edicts-
Mr. Lyon opposed the striking out the substance
oflhe original motion, under the ideathat it would
deprive the House of an opportunity of lakinga
direct vote on the repeal of the embargo.

Mr. fJioBOLassaid that the object of both reso-
luiions was tbe same. The objeet of the resola-
lion first proposed was, to repeal the embargo
laws, to assert, and prepare lo enforce our rights.
The only objeet in proposing the amendment
was, to bring tbe subject to a close, in one way
or other. It had been said that the other resolu-
tion was not specific enough; that it could not
be understood ; that it woufd take up mticb time
of the House, and when it came before a com-
miltep lo draft a bill in pursuance of it, their con-
struction of its terms might ilifier frooi that of
the House, and the whole subject must be gone
over again. He wished the question to be de-
cided, and that the whole nation should know, aa
soon as possible, what was to be done. Oentle-
men who thought that we ought to lake a de-
termined stand against encroachments on our
rights, he said, would vote with him ) genilemeti
of a contrary opinion wonld vote against him.

Mr. Dana said be was for striking oat the worda
of tbe original resolution, because he did not wish
to vote on them, scarcely knowing what construc-
tion to put upon them biraself, or what eonsCue-
liona others would put upon any vote which he
might give on them. The resolution as it origi-
nally stood, he said, did not contain an affirma-
tive proposition, but a sort of compound negative
one. It declared that " the United States oti^ht
not, beyond the day of to delay repeal-
ing the embargo." Now, any gentleman who
might wish it to be repealed to-day, would be
clearly of opinion that it ought not to be delayed
for sii months or a year. So that a vote on the

resolution, supposing the day of June (o be

inserted as the dav beyond \t~hich repeal ought not
be delayed, would give no definite idea of the
sentiments of any gentleman who should TO(e
for it. He was, therefore, really obliged to the
gentleman that he bad brought forward a resolu-
tion which he could understand, and which had
a specific practical bearing. As it respected the

.yGoogIc

HISTORY OF OONaRESS.

Jaroart, 1809.

Prtparation for War.

H.orR.

character of the pronosition, il was a dectaniton
of war hypoiheiicallf. He could not express an
optDion on Ibe subetilnte proposed, bat would
Tote to strikeout the origin at words, because they
were liable to a diveniitj of coosirQction.

The Houte agreed to strike out ibe subsiance
of the first resoluiioa.

A diviiioD of the sabaiiiute offered by Mr,
NicHOLAa was called for. so as lo lake the ques-
llon first on the qneation of repealing the emhargo

Mr. NioROL&B iDoved to fill the blank in the
subfiiiate with the first day of June ; Mr. Mil-
NOR canted the fourth day of March, and Mr. D.
R. Williams named the fifteeolh day of Feb-

Mr. Randolph moTcd to strike out Ihe words

"the day of " for the purpose of ioserl-

iag " forthwith." — Moliou lo strike out lost by a
GODsiderable mejoriiy.

The qoeslion recurring on filling the blank
with the first day of June-
Mr. Randolph, as the genileman, the mover
of the resolution,(Mr. NicHOLts) waa not pres-
ent when he had given the reasonswhy be iboueht,
if the embargo was to be repealed, it should be
removed iainiediately,rep(Hted ihem. He wished
our own ciliiens to reap some advantage from an
early repeal. Or were we, he asked, by a sin-
gular fatality in all our measures, only lo injure
ODrselves, end benefit our adversaries, and the
moat dishooesl pari of our own commanily 1

Mr. Dana was opposed lo a continuance of ihi
embargo until ihe firar of June. Since it ha<_
been generally understood through the country
that ttie eralrargo was to be further coniinu
many cBpiiallsts bed forestalled ihe markets,
as 10 secure lo IbemseUes a raooonory of the
foreign arlicles of the greatest necessity, thereby
to command an excessive profit at the expense of
Ihe distressed perl of the community. As re-
spected them, Mr. D. said, ibal he had not a wish
tbat the duration of the embargo should be pro-
tracted, that they might realize their gnins, and
make poor men their preyj and if there were
any deicripiion of our citizens whom he could
wish lo be injured by a removal of the embargo,
these would ceriainly be ihe persons. There
-was another reason why he did nol wish the rm-
baigo to continue so long. However important
il was thai the general autboriiy of the Oovern-
ment should be maintained as respected these
Stales, was it not known that the reins of Gov-
ernment, from [heir extreme tension, were fail-
ing in ihe hands of ihe AdministralionT Were
not their acts placed at defiance, especially since
ihe paisaee of the laal act for enforcing ifae em-
bargo? Look at the whole northern frontier,
aaid he; recollect the facility of iranspo rial ion
on the ice and snow. Recollect with what facil-
ity in this season the produce and lumber, &e.,
will pass from Vermont into the British prov-
inces. Ai respected the whole of that frontier,
Mr. D. eaid, it would be in vaia to aliempi lo
enforce ihe embargo laws. The mound was al-
leady broken down which retained oar prodtKc;

it was lo be feared thai the whole would

be swept away. The question which now
offered itself lo the consideration nf the House

this, and it was requisile ihal il should be
decided promptly: whether, if the ao Is of Gov-
ernment were set at defiance, the auihorltyof
the Government should be sustained or nol? If

cts of ihe Government were placed at defi-
ance, Congress had but to decide instantly to
enforce Ihem by arms, or lo abolish ihem. Did
they mean to hesitate between advancing and re-
tiring? If you mean lo retire, do it whilst you
;an ; whilst ii will seem to be an attention to
:he wishes and sufferings of ihe community, in-
stead of giving those who set your laws ai defi-
ance, the signal of your defeat, and the evidence
of their triumph. Mr. D. asked if genileiAeo
had estimated what would lake pUce between
this day and the first day of June? Did they
inceive the force ibat It would be necessary to
..nploy lo enforce ihe laws? Before they deci-
ded that point it would he well to pause. Did
gentlemen recollect how mnch danger menaced
the/seniiment of atiachmeni to iheir country,
when foreign indulgences (as the liberty of trad-
ing derived from the conliguiry of Ihe British
provinces) are given lo Ihe ciiizens of any nor*
lion of a country which refuses to allow them
those privileges'? Need I remind gentlemen of
a circumstance illustrative of my iJea 1 When
the navigatioD of ibe Mississippi was at the
command of. ihe Spaniards, before the treaty of
San Lorenzo was carried into effect, reooUeet
the opportunity which ihai stale of things gave
to the agents of the Spanish Government, for
making atiempts to detach the Western States
from ihe Union. How far they succeeded I do
not undertake lo say ; bul ihe fact is well known,
that some men of considerable distinction were
so far drawn aside from their aitachmeni to the
Union as to give countenance to the intrigue;
and the fact having come to light, Ihe public an-
thorily of one of the States (Kentucky) bare
undertaken the examination and investigation of
the subject. 1 speak of this not as a reproach,
but as an illustration of the temptation which
is offered to any portion of the people, having an
outlet through a river in the possession of a for-
eign Power, which is denied ihem by their own
Government. I will not purine the object, sir;
for it is unpleasani to dwell on subjects which
may even tend lo jeopardize the Union. But I
deem il useless to rely on the patriotism of the
people, when Ihe Government forgets the cement
of patriotism. What is country ? Thai portion
of ihe globe where we have friendi, freedom,
and proieclioo. Il is the reciprocation of gooa
offices, which is the cement of private friendship,.
It is the reciprocation of proteciion and support
between the Government and individnal— a re-
ciprocaiion of beneflis, which is the cement of
allegiance. Bui, air, when ihe power of the
Government is exerled merely to check ihe ordi-
nary industry of the eommunily, when (he people
feel the power of Iheir Oovernmenl in being
blockiiled inport by it, inatead of being protected

.yGoogIc

1235

HISTORY OF CONGRKira.

1236

H. or E.

Preparation for War.

Jandabt, 1809.

againtt blockade by aa enem)r, wbal must be
(bcir feelingl Pairiotiam it too precious a reel-
ing to makemaDjr experimeDti upon i[. ReaUr,
lir, I should not wish lo know, in relation la
maDf of ray retlow-ciiizena, whai would be (be
extreme point to which (heir pa(riDtiaiii could be
itretclied. There appear* to be reaaon (o appre-
hend that the reins of QuTernmeDt art: already
falling in (he bands of Oonrernment. I should,
therefore, wish my countrymen to be no longer
exposed (0 being alienated from (heir Qovern-
men(, and that the Government should uot be
placed in a situation to have ilt acts set at de-
fiance,

Mr. Tmoop observed that be could not see (lie
propriety or expediency of fixing on a day be-
yond the adiouroment of tbe present Congress,
on which (ois change of measures should (ake
place. What would be (he effect of ii7 It
could be considered in no other point of view
than as a declaration of war, (o be binding on
the next Congress. The mere declaradon could
not be considered as adding coercion to our mea-
sure* ; for whatever honor foreign nations might
possess, (and he believed (hey posiessed little in-
deed of that,) they certainly did possess courage,
and were nut to be frightened into an accomi
dation with us by such a threat. But the m<
lire was not obligatoiy and binding on the n
Congress, even adraiiiiog (bat it should be ci
posed of the identical individuals who composed
the present Congress. There was no authority
in ihe Constituliou hy which we could bind
them, unless indeed this declaration inrolved
matter of contract. And to be sure, he said,
night be considered in some sort a matter of eoi
tract ; B political contract of a singular quality-
a contract between this great Oovernmenl ar
an unruly faction in New England, which ihrea
ened opposition to (he laws, and was brealiing
out into rebellion. Yes, sir, said Mr. T., you
come out with a solemn measure, and tell (hem
if they will forbear to rebel until the first day of
June next, you will agree to issue leliers of
marque. It is an torasion even of tbe powers of
the next Congress, supposing it to be composed
of the same men as constitute (he present Con-
gress, (o bind (hem to declare war, not under the
circumstances then existing, bnt under those
which existed at the time you were pleased to
enter into (his declaration. But not only will
this measure not be obligatory, but it is rery pos-
sible that the next Congress may be as different
in its composition from ibe present, as (he pres-
ent Congress is from the Junto of Spain, or the
British Parliament. In every point of view,
therefore, Mr. T. said, he conceived it a futile
proposition.

Mr. MtLitOR was opposed to poslponing (he re-
peal of the embargo (ill the first day of June; for
which he assigned (he same reason which be
gavebeforefor proposing the fourth day of March.
If it was so extremely oppressive as to excite dia-
contentand rebellion, its extremely unfavorable
effects to ourselves would be a sufficient reason
for ita repeal. Mr. M- said, ihal although h<

would Sx a day for (he repeal of the embargo, he
could not carry bis civility (o(hebelligeren(ssofar
as to give them not ice on what day we would com*
meoce war against them. Were we in such a
situation that we could instantly bid defiance to
Oreat Britain 7 When war comes, said he, it wilt
be proper to consider whether it be politic, proper,
and necessary 1 If it be poli(ic, and the nation
cannot continue ou( of ii wi(hou( ■ sacrifice of
its honor, then let us have it, and no( take it In
this manner, declaring (o the belligerents that if
(bey do no( come forward on a certain day we
will commence hos(ili(ies against theui. The
next Congress wilt t>e better able to decide what
will be proper ou the first day of June than we
can now do ; and if we are not inaundy to go to
war, it will be decorous, wise, and right in us to
let the question rest till the next Congress come
here in the end of May, and leave the responsi-
biliiy with (hem.

Mr. D. R. WiLUAuasaid if ever a man's mind
waa embarrassed on a topic on which he had to
legislate, he confessed that his was. He saw a
mrasure and a system which he (bought suseep-
[ible of the clearest demonstration to be more
warlike than war itself, a system which preserved
this nation in peace and happiness, about to be
abandoned, and fur (he cauoea which bad been aa<
signed. When (he late intelligence bad reached
him from tbe northeast, he said, it had borne a
cbarac(ermostdis(rea9fut(o every man who valued
the integrity of tbe Government. It appeared to
him to be ofsuch a charactci aa nut to leave a doubt
a* (o what course should be pursued. There
could be but two courses, either to extend the
strong arm of Government, or lo abandon (he law.
Under (ha( impreMion, (said Mr. W., ) choosing
not to enforce the law with (hebayooei, I thought
it proper (o acknowledge to tbe House that I was
ready (o abandon (he embargo. I did talk about
insurgency and rebellioD ^oo,siri and tbe reproof
which I received from (he gendemaii from Ken*

-. ,.._ j(,trec(; that (he best

rebellion is to accuse
n of i(. Perhaps, sir, I ought (o apologize lu
thegendeman from Virginia (Mr. Niobolab) for
calling up this oubject, wbea the resolution wan
proposed by him, and he was not disposed to
call it up. I applied to him to call it up, and UH'
derstood that it would be disagreeable to him on
account of bis indisposition. But I fell myself
obliged lo call it up, and not to permit such a
propositioo to lie on the table beyond the moment
when I could getto act on it. Like the genilemeD
from Pennsylvania and Georgia I am disposed
that we should act for ourselves and uot lor the
next Congress. To me, sir, the embargo always
appeared a blessing (o Ihia country. True, it
has always operated to prevent us from malting
money, but that was alt that was injurious in its
operation ; and, sir, I was so much of a fuol, had
so little knowledge of human nature, as lo believe
lhal there was patriotism enough, love of couutrjr
enough, pride enough in the nation, to induce its
freemen to be wilFing to abstain from malting
money, for the good of (he nation. 1 luve been

.yGoogIc

HISTORY OF CONGRESS.

Janmrt, 1809.

Freparation for War.

^regioaaly nistaken, air ; I iboQghi I was lef^isla-
iiD^ for freemen who value their rights ; thai,
whilst they were the odIv people in Ibe world
iraaled with armi to defeod themsclTCS, ibey
would havetcoraed to take monef for the proaii'
talioQ of their country. { did not think there was
a mBQ ID the nation who would act the part of a
pimp to his mother. IthaibeeD so, however; and
dreadful, cruel, Enual be the larmenli of those who
bare been aceeasary lo it.

[Mr. Williams here went at coDaiderable
leoglb ialo an eximiuation of the arguments of
Mr. Pitkin, on Saturday latt, in reply to a former
■peecb of Mr. W. on the subject of the embargo.]

We have but imall choice of courses lo pur-
lue, said Mr. Williams. One conrse i> to admit
foreign vessels into our ports as long as the em-
bargo contiouu. Now, though I do believe that
we should be perfectly just i Gable in enforcing the
embargo and sufleriDg foreign veaaels 10 come and
take away anr produce, as a punishment to ■ cer-
tain class of men in the country for their treawn-
able conduct; yet, air, l^islating for a whole na-
tion, ooi for any particular class, I cannot consent
lo that.

Another course is that recommended by a gen-
tleman from New York, (Mr. Gaiii>enier,) to go
back and undo all yon have done. Will you tread
birk your steps and go back with him to Jay's
Treaty T I hare no heiitatioD in saying ibM, if
we were even placed in the situation in which
we then were, 1 would not accept of it. That
treaty carried a feature in it «hicb ooght to
have damned it at the first view. It took property
from one portion of the community lo pay for
advantages lo the oiber. Yes, sir, it did. You
know that a solemn stipuldtioo was made in a
treaty of peace, to pay us for the properly which
they had stolen from us ; and you and the House
know it wa» treated away to secure commercial
advantages; and yei, (bank Qod, the Southern
States did not rise in rebellion against it.

We must select either a continuance of the em-
bargo OT war, sir. If ever there were a number of
men in this world who had the destinies of a nation
in their grasp, the opposition is Cs to the embargo
have thst high power. There cauaot be a doubt,
if eicitement had not been made, or if after it
was made it bad been allayed by those who ex-
cited it — and, tii, 1 have no wish now to excite a
disagreeable sensation in the breast of any man ;
for I have said eoough on this head heretofore —
if they would now attempt to allay the fervor
instead of increasing it, that it would ^ put
down i and if put down, there cannot be a doubt
but we Bhould be preserved in peace, and gain
stipulations of peace honorable to oar country.
For Qod's sake, let me conjure gentlemen not to
forget that we have a country. If they repeal
the embargo they miut lupiMti war, became
their character — yes, sir, their character as men
loving their country is at stake. Will yon drive
us to a repeal of (be embargo, and make no re-
sistancel Are you ready lo lie down- quietly
nnder the impositions laid upon you 1 You have
driven iia from the embargo. Th« exsiieiatDts

in the Eaft render it necessary that we shontd ep-
force (he embargo with the bayonet or repeal it.
I will repeal it — and I could weep over it more
than over a lost child. If you do not resist, you
are no longer a aaiion — you dare not call your-
self so — you ate the merest vassals conceivable.
Sir, if gentlemen will not support us in a nar,
and I give fair notice that if we take off the em-
barco lam for war — they must support it, or they
will sink the character of the nation. If they
will support neither war or embargo, if they de-
stroy the effect of both, I ask you, sir, does not
(he proslitulioa of the character of the country
lie at their doors? If they mean submission, I
will ihank Ihero to say so. It somehow or other
happens that Republicans are thought to be
friendly lo France, and Federalists to Great Bri-
tain. I believe neither impnlatlan to be correct
to the extent to which it is carried. But it is a
fact that the British ear is open to thai side of
the qneslion sooner ihan lo us. Now, sir, I ap-
peal 10 (he minority, who hold the destinies of
the nation in their grasp, for they can enforce
embargo without the bayonet — I beg them, if
they will not declare war,'ihai they will do the
best they can for ibeir country. If evsriee has
so seized on our hearts, as to take away wholly
the love of coiintry, (and assuredly it has if we
sobmil) for Qod's sake let'me entreat gentlemen
to make the best terms they can for us, to secure
the bind protection of the British Crovetnment
for us— to procure us the miserable boon that the
tax on us may be collected here without com-
pelling US to go.'io Britain to pay it. Sir, the
blood which runs through my veins, tells me I
was not born to be a British subject ; i( tells me
that the opposition to ua mnit have sucked the
same milk — (hat we are of the same family.
Then lei us with one heart and hand take hold of
war. But, rays the gentleman from Connecticut,
(Mr. Talluauoe,} what will you gain by ill It is
not money, sir, I want. You lose money bye war,
but you gain your rights; you gain ihe chance
of dying honorably in your country's defence in-
stead of submitiing, without resistance, and that
will be a consolatioo to thousands, if their coun-
try is to be disgraced. Yes, sir, solemn as the
reflection in, if we lake off the embargo I am for
war, and I hope the whole House will be for it.
It is true that it brings along with it miseries with-
out number. You will see fear, despair, and all
thefamilyof distresses, driving ruthlessly over the
country. But it will be iofioiielr less of suffer^
ing (o die in defence of the country than lo live
in bondage. I will not submit. 1 will plunge
into the gulf, and J hope every man will follow
me, when we have lost our mantle of peace. The

Mr. Dana thought it proper, if gentlemen talk-
ed of dying for (heir country, that they should
die usefully ; for, really, the mere dying could be
of no service whatever lo the coaniry. He said
he was not disposed, at ihis time, to go into a dia-
cnssion of the embargo subject generally, hot he
woold stale one general position, viz : ihat tbe ex-
iiliitg policy is a Doreliy iit the history of homaa

.yGoogIc

HISTORY OP CONGRESS.

1240

H.orR.

Prtparation for War.

Janoabt, 1809.

■ocieif . Fton) ihe earliest period of time, Mr. D>
uid, tbere were no proufs that the ■ystem ever
did, or ever could produce the events which geo-
ilemen prophesied. When, then, this was an ut-
ter novelty on eerih, when gentlemeTi proposed a
course never known lo sivage or civilized life,
were ihay not bound, specifically, to state facts
incontestable in support of it? Aod what, said
Mr. D., have tbey done? Avowed a geoeraJ,
bioad, poLiiical faiib, and wholesale prediccioos
that it wilt produce an effect, ia defiance of all
eiperieocE. And. am I bound to sajr. when gen-
tlemeo come forward thus, thai the plan will sue-
ceedT The thing it against fou, air. No ardor
of patriotism, intrepidity of cuursge. or excess of
^votioD, could make it etTeciual. He said that
Ihe contest was so unequal, in ibe nature of
Ihings, tiiat the United Stales could not succeed
in it. NothinK bat superhuman aid could make
il succeed. When genilemea came to examine
into facts, it would bie found that ibcy omitted to
examine the bearing of the thing, in general, or
in detail. Wben had snv officer of the Govero-
menl, or any member of either House of Con-

SreiB, underiaken to give a view of tbe relative
ependence of the countries of tbe world upon
each other} As far as commerce is essential to
the existence of Great Britain, said Mr. D.. even
now she hai the whole world before her. As far
M commerce is essential to our existence, the
whole world issbui to us byihe embargo. Even
aa; that Britain loses one-fourth of her revenue,
we lose the whole of ours. They lose a parlj
but a moderate part, indeed, of ibeir commerce,
whilst we lose the whole. The emhar^ can-
not succeed, in the nature of things; and, I am
not astonished that you do not find it, in any of
the diplomatic correspondeace, slated as a meas-
ure of coercion, because it would be no essy mat-
ter to prove it to be so. What are you to operate
on foreign Governments by this measure ? Fam-
ine and insurrection are to be your chosen troops,
your auxiliaries lo overturn their systems. You
assail them by famine, which is to call up insur-
rection. This is, I Ihink, the language of the ad-
Tocaies of the embargo. And, can I wonder that
il is never spoken of in our official diplomatic
correspondence as a measure of hostility 1 Mr.
D. said it was unfortunate that the embargo had
ever been laidj aod peculiarly unfortunate that it
had been continued. Did not genlleraen already
Bay that a faction, a miserable faction, put the
Government al deSancel Were the reins of
Government held by such trembling handsl If
rebellion exists, said be. do you hesitate a moment
to give orders to your battalions lo march and
put it downl If you will not lo do this, at once
repeal the statutes which give offence. fMr.
Babbett asked to whom they gave offence?] 1
am speaking of the obnoxious statutes which are
put at defiance, said Mr. D. Fur what possible
use can they be longer coniinned ?

Mr. D. said he bad thought that tbe days of
ancient chivalry had not returned yet. Time had
been wbeo tbe champions of old hadbeen acens-
lomed to have fetes and tournamentt, and fix days

of battle for each other, sometimes ati hundred on
each &ide. This was a species of prtrate'war ; a
splendid display of personal courage. But, to
talk of one natbn giving a day to another to
meet it in battle, was a thing which, he said, be
had not expected lo see in these days. Did gen-
temen expeci, after Great Britain aod France had
been wadinft Ibrough blood for years put, that
they would he awed inio a compliance with oar
wishes? With whomsoever we fought, Mr- D.
said, we should find no contemptible foe. Tbe
bravest of our iroopa might say, when they had
been victorious, that il was an bonor Xa be victo-
rious over such men as those. This belligerent
hypothesis, said Mr. D. ; ibis contingent declara-
lion of war; this verbal fighting, without actnal
preparation, will produce little effect. Foreign
nations cannot then concede what we demand,
without appearing to deprecate our anger; and
they will scarcely do that. But, the question is
not, now, which nationals wrong. Great Britain
or France; but, what will be the most service-
able to my country 1 Tbe motion nnder consid-
eration does Dot seem to promise any beneficial
effect, and therefore, I shall vote against iL

Mr. RANDOI.PB said that ibis wa* certainly a
question of no ordinary magnitude, and he bad
understood, from the most direct source of in-
formation, thai the gentleman who had brought
forward this motion, (Mr. NioBOLta,) was ex-
tremely indisposed. H« could wish, fur one, to
hear what the gentleman had to say in support of
bis motion, and with that view moved that the
Committee now rise. Cariled.

Tdbbdat, January 31.

Mr. MoHFOBD presented memorials and remon-
trancesof the citizens ofthe first, secondjand fifth
wards of tbe city of New Yorl^ at meetings held
by the said cilizens, respectively stating ccriaia
hardships and inconveniences to which tbe me-
morialists aod other inbabiianls of the said city
and State havebeen, and are now subjecied,iii con-
sequence of the operation of a late act of Congress
mote effectually to enforce the several emlMrgo
laws of the United Slates; and praying, for the
reasons therein set forth, an immediate repeal of
the said act. — Referred to the Committee of the
Whole on the resolutions proposed by Mr. Nich-
0L4S and Mr. Bacon, on tbe twenty-fourth and
Iwenty-seYeoth instant.

Mr. Babbett, one of the members for the State
of Virginia, presented to the House certain papers
in lelatioa to a violation of the several laws lay-
ing an embargo upon all ships and vessels in the
ports and harbors of the United Stales, Qlleged
to have been commiiied by the ofiicers and crew
of the schooner Caroline, of Norfolk, and owned
by Daniel Sanford and John Hipkins, formerly
trading under the copartnership of Buller Cocke
and Daniel Sanford; which were read, and or-
dered lo lie on tbe table.

On motion of Mr. Blodht, that the farther coa-
sideraiion of a bill seal from ibe S«iate, entitled
''Ad act making appropriationa to complete the

.yGoogIc

HISTORY OF CONGRESS.

1242

Jahdart, 1809. PwWtc Land—Prendeniial Election— Prepanaion for War.

H. OP R.

sod to defray ihe expense of deepeoiDg and ex-
tending 10 [he rivar MiBsissippi the canal of Ca-
roodetet," be poalponed iodefiDiielf ; and ibe qne*-
lion being pu( ihereoa, it waa resolved in the af-
GtmatiTe.

On moiion of Mr. Bassbtt, that ihe farther
coDsidptationof the bill, entitled "An act author-
izing Ihe appoiulmeot and employment of an ad-
dilioDsl number of navy officers, seamen, and
marines." together with the amendments of ihe
Senate thereto be pastpooed indefinitely: the
qoeition was taken lliereupoB,andresolred inihe
affirmative.

The bill sent from the Senate, eoliiled "An
actio extend the time for making payment for
the public lands of the United States," was read
twice and committed to a Committee of the
Whole to whom was referred, on the twenty-third
of November last, a report of the Committee on
the Public Lands, made the twenty-first of the
same month, on a memorial of the House of R«p-
TeaentBlives of the Mississippi Territory.
PUBLIC LANDS.
On motion of Mr. Poii(deiti;r, the House pro-
ceeded to consider two resolutions proposed by
him, which were lead and ordered to he oti the
table OQ the twenty-sixth instaat ; aod the same
being again read, in the words following, to wit:
RttolBtd, Thftt the Commitlae on the Public Lands
be instructed to inquirs into the eipodiency of establiah-
inS a land office for the sele of the load* of the United
Stetea, eaat of the Red river, uid nest of the Miuissip-
pi, in the Tenitor? of Orleana; and that thej have
leave to report thereon bjr bill or otherwiio.

Raoliied, That the Committee on the Public Landi
be instructed to inquire into the expediency of grenting
tile right of pre-eniptian, in certain cases, to actual
■eltlera in the Territory of Orleans ; and thst thej have
leave to report thereon by bill, or otherwise.

A division of the question thereon waa called
for by Mr. Bassett ; whereupoo, the question be-
iDZ taken that the House do agree to the first re*
EOluiion, as originally proposed, it was resolved in
tbe affirmative.

The second resolution was, on the question
put thereupon, agreed to by the House.

PBESroENTIAL ELECTION.

Mensrs. VAaMiu, Seavbh, Codk,1lblbt,Bab-
CER, Cdttb, and Green, presented petitions from
rariouB towns in the State of Massachusetts, re-
monstratingagainsl the mode in which the late
eiectioQ of Electors was conducted in that State.

Mr. CnTTs moved, as the time was fast ap-
proaching wheA it would be necessary to decide
on the subject of these petitions, a reference of
all the petitions on this subject to a joint com-
mittee of the two Houses; which was withdrawn
to make way for a resolution to the same effect
ofiered by Mr. Bacon, which was agreed to in
the following words:

*• Jtetohed, That a committee on the part of this
Honae, jcrintly, with such as the honoriUe Senate may
join, be appointed for the pnrpose of taking Into con*

several memoiials from sundr? of Iha
citizens of the 8tate of Massschuaelta, reman strating
agsinit the mode in which Ibo appointment of Electors
for President and Vice President has been pr<)ceeded
to on Ihe part of the Legislature of said State, as irre-
gular and unconstitutional { and prsying for the inter-
ference of the Senate and Houie of RepresentatiTes
of the United States, for the purpose of preventing the
establiahment of to dangeroui a precedent ; snd that

rials, sndreparl their opinion thereupon to both Houses.
" Ordtrtd, That the Ulerk ofthis House do carry to
Ihe Senate the several memorials above men tiened, and
desire thes- concurrence in the sJbnisaid resolution."

Ordered, That tbe said proposed resolution
and order do lie on the table.

PREPARATION FOR WAR.

The House again went into Committee of tbe
Whole on Mr. Nicbolib'b resolutioD;.and the
question peuding being on a motion to insert in
the blank, the first day of June —

Mr. Key hoped the blank io the resolution
would not be filled with the first day of June
□eilj because the circumataoces of the country
required the embargo to be earlier repealed, or
such measures to be taken as would enforce its due
execution. Before tbe first day of June arrives,
said he, on which it is proposed to remove the
embargo, four months would intervene; during
which time, if the same opposition to the East
which existed now should still prevail, the ci

the law, I shall be among those
who would rigidly enforce it, for I have no idea
of being dictated to by any section of the Union.
But, as I believe, from the accounts which are re-
ceived, that we cannot enforce it without a meas-
ure much worse in its efiecta than the confe-
quencea which might be supposed to result from
taking it off earlier. I should, therefore, be in
favor of the earliest cay possible. We ought not
to resort to an exertion of the authority of this
nation for four months, nor to continue the meas-
ure so Ions as to exile that sentiment which will
certainly follow the enforcement of that measure,
except some great advantage be expected from it,
if eontioued for that time. There was another
reason why, he said, an earlier day should be
fixed. If the House should not think proper to
take off the embarsD during this session, a new
representation would have met here nine days
previotilo theday mentioned. The present Con-
gress ought to leave the next Congress free to act,
with more information than this Congress could
possess, because they would have it in their power
to avail themselves of tbe intermediate informa-
tion. As to that part of Ihe proposition which
related to the repeal of the embargo, therefore,
the day proposed was too distant. As to the re-
mainder of the proposition, which, he presumed,
was to be laken In continnity with the former, it
was still worse. It was giving notice to the bel-
ligerents, of a disposition, within a particular pe-
riod, to do what it in not inour power to perform;
because, the functions of this House ceasing be
fore that period, the right of determining tbe

.yGoogIc

124S

HISTOKT OF CONGRESS.

1244

Preparation fir War.

JAirtiABT, 1809.

course 10 be piiraned, depended on the decision of
the new repTesesiatioQ. It was impouible, he
said, to anticipate the line of conduct which
would then be pursued. If the embargo be ool
removed before the close of the present seasion,
he hoped, at least, that the blank would be filled
with the (lay anterior lo the next meeting of Con-
gtess. He called upon geotlemeD to know wheth-
er they would keep it on without enforcing it;
and, be a»ked, wlielher an enforcement for four
months was worth the advantages which gen-
tlentea (upposed its continuance would aSurd 1
He hoped that the blank would not be filled as
proposed.

Mr. DuiiBLL hoped that the blank would not be
filled with the first day of June. If the measure
of embargo was to b« changed for another, he
aaid be saw no reason whv the cbange should be
proctastintLed. He bopeJ it would take place at
HO early a period as would give an equal chance
to all the port* in the country. We have heard
much, said he, oa this floor, in relution to the op-
position, in a certain section of the Union, to the
embargo laws. I think many observations have
been made on this floor, in reUtion to the embargo
laws, which cannot be justified by facts. I have
been Ulterly astonisbed at a declaration io a uews-
paper, ('Tbe Monitor,") of this morning, viz:
" The majority of tbe members of tbe Eastern
' delegation in Congress, hare openly asserted
' that no laws passed by the General Qovernment
' will be deemed oblieacory by their coniittueJ
' if they siiould interfere with their local purai

>ir, I

k that a printer in the District of Columbia
abould not be permitted to make such statements,
when unwarranted by facts.

The majoritv of the New England delegation
have not stated on this floor (hat no laws passed
by the General Government will be obligatory, if
conflicting with their local advantages. It is a
aeandalous libel on thai majority. By letters I
learn that the late supplementary emurgo law
is not generally approved ; that some few have

£)ne to far as to pronoance it unconslituiiooal.
ul (hat a majority of the people possess the aenii-
ments ascribed to them in this paper is wholly
falae and untrue. Declarations oif this sort have
a pernicious eflecl on the community. As re-
spects the Stale which 1 in part represent^(New
Hampshire.) there is no opposition to the embar-
go laws. Not a petition lias been presented to
aither branch of me National Legislature for ibe
repeal of those laws, or eipreasing any sentiment
IB relation lo them, although they suffer as much
as their neighbors in Massachusetts. The people
(the Republicans at least) are, if I know any-
ibing of their aeotimeniB, perfectly satisfied with
the law; the V have gone with the Oovernment
from first to lasi. Is it justifiable then, sir, that
■ printer in the District of Columbia should say
that tbe people of New England will oppose
your Uws ? It is tmjustifiable and abominable.

rasameai of mind I attempt to make some ob*er»
vaiionson the subject before the Committee, tfaan
at any time heretofore, when 1 have had the
honor of submitting any observations on any tub*
ject, during the preaeot seuion of Congress. The
reason is, iliat it is not determined whet measure
shall he substituted for the embargo, if ii ahalt b*

It affords me great pleasure to hear the gen-
tleman from New Hampahire, (Mr. Dcikll) ao
positively eoniradiciing an assertion which be
read from a newspaper. What the gentleman aaid
ought to he taken for a good omen, portending tbat
the few citizens io ihe Eastern Slates who have
been disposed, somehow or other, not to pay pro-
per respect to the embargo laws, are returning
10 the praolice of those principle* of correctneaa
on which Ihe safely of this natioo must depend.
This is in unison with my own opinion respect-
ing the ciiizent of that section of the Union.
Noiwithttanding all that has been said about in-
surreciioo and opposition lo the laws, so as to
endanger the United Stales, I cannot induce my-
self to consider it in a serioos poinlof view;
Eositive fads must be proved to me, before my
eliefof such Ihingsshali behad. Myeoofidence
in the great body ol citizens of the Eastern Slates
is not done away, and I believe there is in ihe
same Stales a iiumcieni quantity of force to sop-
press ao; attempts which might be made against
the Union. And when it comes to tbe point,
there is reason lo believe that patriotism similar
to ihal which influenced the Western Stales in
will also influence our brothers
M^ rote in ihia case shall not
r IS it inflQeDced, hy anything
»id lo be done respeciing the
any of tbe Eastern Slates i ali
disavowed hy me. In this case
and every other my vote shall be given according
to my undersianding what is the real inierett,
and will best promote the honor, rights, and inde-
pendence of the United States.

Mr. R. said, that for some days he had been
of the opinion that a commercial non-inter-
course between the United States and Great Bri-
tain and France, and their depeodencies, and all
other Powers having in force orders and decreet
violating the lawful commerce and neutral rights
of tbe United Slates, might have been the most
proper measure to have been adopted in the then
stale of thing), in place of the embargo ; and that
under that con intercourse the United States,

of the Eastern.
be influenced,
that has been
embargo laws i

ticut, ''the burying bath gone by ;" the opporio*
nily for tbat system ii is apprehended is lost. Let
it be observed that a commercial non-intercoune
Bysiem,isnal a sysiem of submission to the edicts
of either Great Briuin or Prance. Great Bri-
ain does not command the United States, to
ibandon the ocean, or nol to trade with her; no
luch thing. Great Britain declares her ports opeo
0 the vessels and produce of tbe United Slates;
lither for internal consamption, so far as it '

>ur taws f It IS tmjustinable and attominable. eitner lor internal consamption, so tar as it is ne-
Mr. Rbbi, of Teoneaaee. — With mora embar- ' ceatary to supply her market, or for exportation.

.yGoogIc

1246

HISTORY OF CONGRESS.

JuiDARr, 1809.

Preparation for War.

QreatBriiaiDdeelaKs Ifatt for that liberty, tribute
OT dulf, call it wtiBt you will, tnuEt be paid.
Fraoce does not eonnnaod the Uoiled Suies ta
abandoD ibe oeeao, or not to tra.de witb her.
FniDce declares Araericin vessels, which liave
been visited bj British armed vessels, or hare
been in British ports, or have British merchaO'
dise oil board, or British licenses to trade, shall
be subject to capture and conderaQatioo. Cer-
laioly then the opioioaj that a camoercial oon-
iotercouiae between the United States and Greet
Britain and France, a ad their dependeocies, and
all other Powers having in force orders or de-
crees violating the lawful commerce and neutral
ligliEsof the Uiiiied Slates, would be aubmission
to Great Britain or France, is not well founded.
Gieat respect ought to be paid to ibe observa-
tions of the gentleman from Virgfaia (Mr. R&N'
dolpb) who wai of opinion that the embargo
ought to be raised forthwith. There can be no
doubt that, if ibe embargo laws are forthwith re-
pealed, the great quantity of produce, which is
Mid to have passed into Canada, being there de-
tained Tor sometime by the ice, for tnai reason
may ooi gel to market as soon as other produce
shipped from the United States. Notwithstand-
ing the force of these observations, they do not
contain stifficient rea!«D to repeal the embargo
laws so soon. Lei it be considered that the ports
of Baltimore and Philadelphia are by the rigor of
the winter now blocked up, and probably will con-
tinue foi some time. lo that condition may sev-
eral other ports in the United States be; it then
the embargo laws are loithwiib repealed, you will
give a decided advantage to those ports wnich are
open or coolinue always to be so, either in the
Southern or Batteru States. This would be par.
tial and uhfair, and in operation unjust. II' the
embargo is raised, let it be at a day so distant, at
least, that the merchants in every part of the
United States may have notice ; not only so, but
that the day on which ihe embargo shall be raised,
may be ao distaoi. that there may be every reason
toconclude that the natural frozen embargo wliich
now exists shall also be taken off from every port
in Ihe United Slates. If the mercljants are to
start their vessels, as for a race, let tbem all have
opportunity of a fair start, and let not some of theoi
have lime to run over half the course before oth-
ers of them can get away from the startiag place.
I will vote (said Mr. R.) lo fill up the blank
with the worils " the first day of June," for rea-
toQi 10 me equally cedent. The embargo has
now coatioued for more than twelve months, and
the great body of the citizens have, with true mag-
naDimiiy and patriotic love of country, bore up
under and supported it, ootwithstaading its ac-
GompaBying privations. An embargo of the same
nature and extent, in all probability, would, in ihe
term of six months, have shaken any other mari-
time nation to its centre. Ii was left and re-
mained fur the sovereign people of the United
States iu their neutral capacity to manifest to all
other DBtions an hitherto unexperienced firmness
under an embargo of such duration and extent.
Thia embargo, and the firmness with which it

was supported, will be a grand landmark to fu-
ture generations by which to steer their political

Mr. R. said, it had been his opinion, that
the embargo, if it had been universally regarded
with that respect which it ought to have been,
would have operated as an impenelrable wall of
defence to the United States, until those days of
trouble, in which nations in Europeappear to be ex-
ecuting vengeance on each other, had passed over.
It certainly would have had that effect, if patri-
otism and love of counirv had nniversslly pre-
vailed over love of money. The United Slate*
are a new nation, composed either originally or
perioaally, of emigrants from almost every Euro-
pean nation. This nation does not owe Its origin
to any one European nation, and neither of these
nations has any right, for that cause, to claim or
demand any peculiar favor. The United States
are three thousand miles distant, far removed in
the depths of the wilderness, from the bloody wars
of Europe; it might therefore have been most
proper, and most consistent with iheit safety to
nave been contented at home, and patiently en-
dured the privation of foreign superfluities, even
without the constraint of an embargo, for some
lime longer, anil if possible, until those days of
European affliction had passed over.

There is now on band, it is presumed, a vast
quantity of produce. The agricultural interest
has, to us great disadvantage, endured for a auf-
ficieot length of time, the great depression in the
price of produce; if then the embargo is designed
to be raised in lime for the produce to get to mar-
bet, it ought not to be delayed until the first of
June. On the fourth day ot March next let the
embargo be raised. There will be sufficient time
for the merchants in every part of the United
Stales to be informed of that event. On that day,
there is reason to believe, the natural embargo
by freezing, which now eiisis, will be taken off
Oo the 4th day of March next, another Adminis-
tration will come into power, and it may be most
proper and convenient that that Administration
shall commence its career with a new order of
things. The United Slates have absteiQed from
navigating Ihe ocean a considerable leegtb of
lime; lest, then, ii may be believed that there is
an inteniion tu abandon it altogether, on the fourth
day of March next let the navigation of ihe ocean
be resumed, and on that day and forever after let
the United Slates assert and maioCain their right
to navigate the ocean, the great common and
highway of nations, freely and agreeably to the
laws of public reason.

When I contemplate, said Mr. R., the great
danger to which the seafaring citizens and com-
merce of the United States will be exposed on
the ocean, it is with great reluctance indeed I
agree to raise the embargo. Great Britain with
steady policy, for centuries pa^t, has been en-
deavoring to acquire the dominiou of the ocean
and monopoly of commerce. To these two idols,
dominion of the ocean and monopoly of com-
merce, an immense profusion of human blood
has been poured oai in libation, and the com-

.yGoogIc

IU7

HISTORY OP CONGRESS.

1248

H. OP R.

Preparation for War.

January, 1800..

merue of trtry maritioe nation hai been sacri-
ficed. Greac Brilaiii afler varioui efforts «nd
ilrugglea, tias at last acquired the favorite object;
ia uther words, baa by main force seized upon
and usurped the daminion of the ocean, the cooi'
moD property of all natioDx, and by her lawi has
virtually declared that no natioo shall buy or sell
uoless the property or merchandise aOsIl be
■tamped with her mark. Tbe decrees of France
are also arrayed against the commerce of the
United States, and threaten destruction to every
part of it that shall come wiihia their grasp. In
this Mate ol things, if tbe embargo be railed, there
can be but one opinion as to merchant vessels,
and thai is, that it they may be designated to put
ID *ea, they shall be authorized, in the Gnl In-
BiaDce, to arm. On the tubjeci of war, nothing
hitherto has by me been said, i desire to avoid
war if possible, and therefore will not lake war
into consideration at ibis time, and why shall the
United Slates forbear longer than the fourth of
March next to resume the navigation of the
ocean 1 Has not all negotiation with Oreat
Britain aod France failed 1 With Great Britain
it has ma down to a mere dispute about word*.
It appears by the late despatches from the Minister
of the United Stales in Great Britain, that the
questioQ of negotiation now is, whether such word*
were spukeo, and if spoken, with what undersiaud-
iog; iDia certainly is descending into the abyss
of humiliation. 1 cannot forbear, said Mr. R.,
expressing a wish thai our Ministers were on
their way home, although they might eiperience
severe weather on their passage.

We have been told ibat ihe British fleet is a
barrier; it is admitted Ihatitisa barrier— a barrier
■gainst the freedom of tbe ocean, against the free-
dom of commerce, and against tbe commercial
[igbts of nations.

We have been told that Great Britain ia fight'
log for her existence; in what manner does that
respect the United Stales? The United States
cannot be charged with the cause of her quarrel.
But Great Britain is contending against a Power
who appears to desire the dominion of the conti-
nent of Europe. Let it be so, that will not avail,
or help the position ; tome of Ihe greatest, best,
most honorable, and patriotic men of Great Bri-
taio, have said, that if the power of France has
arrived to transcendent greatness Great Britain
may thank herself for pushing France to that
■taie ot greatness. Let Great Britain restore the
maoy thousand seamen, citizens of the Unili^d
States, whom she holds in slavery, to their country.
Let Great Britain indeoiaifyfor tbe many millions
worth of property of citizens of the Uoited Stales,
by her nnjuslly captured and condemniid. Let
Oreat Britain rescind and repeal all her edicts,

Sroclaniaiions, and laws, which, violate the law-
:il commerce and rJEhls of tbe United States.
Let Great Britain declare that the ocean shall be
free, and that tbe commerce of the United States
shall travel unmolested on tbe highway of nations.
Let Great Britain make reparation for tbe many
violations of tbe sovereignty of the United States;
sad after these ihiogi are all performed, sod jua-

lice done to the United States, then let gentlemen
tell us that Great Britain is nghtiog for her ex-
istence-

There was a time when Great Britain had it in
her power to haveconciliatedandsecored to herself
tbe friendship and affection of the United States;
a lime when, after tbe fire of tbe Revolution-
ary war bad been extinguished, the United States
were bloomins into comjnercial existence, then
was the time fdr Great Britain to have taken ih«
Hercules in her arms, and to have cherished faim

a brother; by so doing she might have had a
brother, indeed, who would have stood by her in
the day of trouble. On the contrary. Great Bri-
tain has been studiously, aoiiously, and indn»-
iriously careful to alienate the friendship and
afi'eclionsof the United State*. Let the whole
conduct of Great Britain towards the United
Slates, since the treaty of peace, be attended to,
and then let the unini passioned and impartial ob-
server say whether Great Britain has not been
industriously careful lo alienate (be friendship
aod affection of (he United Slates, from herself.

Let tbe impartial witness juilge in this cause,

id he will pronounce senleoce against Qreat
Britain. Great Britain, by violence, has rent
asunder those bonds of social friendship which
might have connected her and tbe United States
forever. But, sir, we are asked, why shall we
arml Wbois our eoemyl These qoeMions may
be answered, by asking iwo other questions, viz :
Whysballwenolartnf Who is our friend 1 Sir,tt
appears as if the whole world was arrayed against
the United States. Let any gentleman take
tbe map of the world, and put his finger on the
spot, designating the place, where dwells a nation
the avowed friend of the United Slates. It will
give me great pleasure indeed, to be so informed.
And here said Mr. R., I will take the liberty to
observe, that it is lime, and it is right, for the
United Stales to took over tbe world, and if pos-
sible, aseeriain the fact, whether there be that
nation; aod if (hat nation can be found, I shall
have no hesitation to take him in my arms, to
call him friend and brother, and to make with
him a treaty of everlasii&gamity, love, and friend-
ship.

Mr. Cook.— Mr. Chairman, I am opposed to
filling Ihe blank for repealing the embargo on the
first day of June next, and lo issue lettera of
marque and reprisal at that time; because, sir, tbia
is a Government of the people, and their voice is
not at present lor war. You bave too foo^ inter-
posed the embargo as a shield lo our citizena
against British depredations; they bavelost their
war pulse; they must again suffer, to again wind
them up their former spirit. This being a Qov-
eroment of, and from tbe people, whose servants
we are, it is our duty to advance their interests
and to enforce the general will of the natioo-
Noi, sir, that tbe embargo laws cannot be exe-
cuted by tbe arm of this Government. I unhesi-
jtaiingly declare that tbit Oovernment ean be
supported ; and. your laws can by tbe strong arm
of Ooverument be enforced. But, sir, is ii true
I policy to enforce these Imwtl I do presume it is

.yGoogIc

HISTORY OP CONGRESS.

;1260

Jakdakt, 1809.

• Prepafoticn for War.

H.orR.

s il miy produt

r, the *

It of

attempt

. urge u
a successful c
■ futile, ■

tried, aad the eipeiiuient lias pcored that it
not sufficiently coercive to iadace the belligereats
to abandon their orders and decrees. Why then
coDiinue it to the injur; of our own citizens, and
especially those who aie our best citizens, our
friends, who are most disposed to support the Ad-
ministration and our laws?

Sir, I lament that the public seatiment and
opinion on the subject of foreign agressions is
different in the diEfereni sections of our country.
The South say embargo or warj and the North
and East say, no embargo, no war. I applaud
the resentment of the people of the South, and
highly revere their high senae of honor. I lament
that this difference of opinion exists; yet, as it
does exbt, we must lake things as they are, and
legislate accordingly. The genius and duty of
Republican GorErnments is to make laws to suit
the people, and not to attempt to make the peo-
ple suit the laws. In monarchies the people are
arilled to suit the laws flowing from the despot;
but this nerer should be attempted in a Repub-
lican Government, the strength of which is the
love and aitacbraent of the citizens. Sir, you
cannot make war which will promise a successful
issue whilst the country is disunited. The people
must with one roice uitiledlf call for war from
e^ery section and village of oui country. Then
indeed we may venture on war. The people
'3 war; we cannot driTe ifaem
fo, sir, you know the
ir, as I consider
aelf a representative of the people, I view
my duty at this eventful moment to makekitown
to you what I do conceive to be (not the universal)
but Ihe general opioion and wishes of your citi-
zens of all politics in the Northern States. I will
not be answerable for Ihe correctness of these
opinions and wishes of the people. No,
could in some instances wish they were
consistent and less governed by the cupidity of

Kin. Yet, sir, their opinions arise from •^''-
:al situation. The nature of man is the
everywhere; surrounded by the same objects,
their opinions, sentiments, and conduct 1 " '
the same. Place the people of the South
same situation, and surronaded by the same
temptations, and pressed with the same losses,
■nd their conduct would be the same as those
of the North. Sir, from the communications I
have receifed from ibe North, and from other
sources of information, I believe that I shall be
able to state their opiaioni and some of the reasons
OD which their opinions are founded. To (

Ely with their wishes, we must repeal the
argo laws at as early a day as will eomport with
justice to all the merchants of our country. Let
all have an equal chance to be first in the foreign
market, and perhaps the first of March will be as
early a day as will comport with this necessary
provision. As a substitute for Ihe eiubargo, thei/
mean not tulmistian. Their voice is, ' arm in
defence of natural and national rights." They
wish for liberty to arm and defend against an
lOthCoK.SdSxaA.— 40

infraction of our indisputable rights on the ocean.
This defensive aiming they wish to see reantaled
in such manner as shall preserve peace if possi-
ble, and to do away (as far as it honorable and
politic) every unnecessary cause of collision with
foreign Powers. To do this, will it not be wis^
considering France and England as equally of-
fending us, to put our relaliona with them on ex-
actly the same basis? Inhibit by law the export-
ation of all contraband goods from our country,
and permit none but real citizens of the United
Stales to navigate the vessels of the United
States.

These restrictions, which indeed would not in-
jure our fair trade, but would expel from obi
country the demoralizing dregs of jails and men-
"'' war, would serve in a great measure to p»-
it collisions, and to secure to our own citizens
the reward of their own enterprise. To resist in
>uch a manner at toinduceacnaoge in our favor,
et ua increase, aod perhaps double ihe duties on
all importations from the offending Powers, and
reduce the duties on goods from other quarters.

These, and other retaliatory measures, may be
adopted, expressly, to be only contemporaneoaa
with the present piratical systems of the Euro-
peans. And, sir, if laws be necessary to prevent
our citizens from selling themselves for slaves, by
the purchase of British licenses, enact laws the
most penal, and even the most sanguinary against
such traitors lo their country's rights.

Our merchants, whose ail may be the forfeit-
ure of a much longer continuance of the em-
bargo, or a declaration of war, lament that the
viofators of our maritime rigl|ts, their allies and
satellites^ coostiioie almost all the commercial
world with whom they have been dealing. They
therefore deprecate all measures lending to a war
with so many nations, as utterly destructive 10
trade. At bast tbey pray for a suspension of th«
calamiiies of war, until the courseof events may
justify ui in choosing a single enemy to contend
with ; at preseat so equal are the Emperor and
the King m the trade of plunder, that no selection
can be made; for il would be absurd to aid one
for the same abuses which induce us to fight tht

jtber.

Sir, I know some would resort to non-inter-
CDUrae; but if we do, I fear that the same spirit
which has defeated the embargo, will defeat tht
laws of non-intercourse, and we should be obliged
sonn lo repeal them also. The spirit of trade i*
active and ever busy, and it must have venL
The late forbearance of Great Britain hat in-
creased the clamor for a renewal of trade, and
for a speedy repeal of the embarmi. You know,
sir, that of about five hundred and ninety veiaek
which sailed since the embargo, by permission^
only eizhi or lea have been captureo. This af-
fected forbearance of the British may lead to
more numerous captures, when we generally le-
sume the use of the ocean. Our merchants may
again experience their treachery; and noifaiii(
short of a renewal of British spoliation will again
drive the New Eogland merchants to the feet of
Qovetnmeat, with tender* of lives and foriunea

.yGoogIc

1351

HISTORY OF CONGRESS.

1252

H-opK.

Preparation /or War.-

ba Ibe luppon of wir. If our TeueU are perrait-
ted loarm and defend ri^hls wholljr indisputable,
i( caDDot be called mbrnution, for it Is its entire
opposite. But I have alieady declared, that a
further coDtiDuauee of the embargo, now its coer-

Nor are we aajr waf aniwerable for ihe con-
•equeDce* lo either of the ofleading Powenj they
deierre nothiog but war from ni ; yet if the
policy we may adopt should press btrder od oqc
than OD the otner. if we study nothing but our own
iutercEt, wholly disregardful of them, we must be
czoaerated from the reproaches of the candid. - 1
wiah Americans would look more at home, atnl
Icaa to foreign nBtioDs, for motives of Qofern-

Bir, it is said, that by filling the blank with the
first day of June, wilh the uibstitute of letters of
marque and reprisal, we should thereby hold out
a threat which might Induce a recession of orders
■nd decrees. As war would inentably be the
eonsequence of a persiitance, I believe that such
athreat would have a directly coolrary effect ; and
■■ I am averse from an expensiTC war, which
Beither promises us honor or riches, so am I
against continuing the embargo until that time.

Sir, I hope I shall not be iDisuoderstood. I speak
of opinions and sentiments, not a<i I wish ihey
were, but as they really are. Reflections from
gemlemen of the Sontb, against the commercial
and gain-loTin^ sentiments of the North, will
only serve to disunite, at a time when the chain
of our Union ought to be brightened.

Sir, allsucb reflections, all ram ings, asperities,
and personalities should be carefully avoided by
the real friends of the Union. We from the North
ight oui enemies, hot we reason with our friends.
We conclude that a man has either lost or ex-
pended all his reason, when he attacks the per-
aon of hia opponent instead of his argameols, and
we carefully distinguish between the calm voice
of reason, and the rant of passion and prejudice.
I trust we ihall here unite and save our country.

Mr. Epfss said he utiderslood that the only
foesiion at present was, with what day the blank
ID the lesolntlon should be filled. It was not his
intention on this question to enter into the mer-
Ita of the proposition. But as his friend (Mr.
NicaoLAs) who offered the resolution was not in
bis place, and be found no gentleman had attempt-
td to assign any reasons in favor of the day
which he had proposed, Mr. E. said he ]*ould
offer a few observations in support of that day.
In the course which I pursue on this floor, said
Hr. E., I am not to be driven from that line
of conduct which I consider best, by the feeling
; people of this country; and
nifest ■ proper respect for the
any portion of the country, I
rom tbat course which I con-
aider calculated to promote the interest of the ^reat

body of the people. I 1
whatever course De taken

. taken, that we have anything
to fear from insurrection and rebellioo, and I be-
liara that the people of (he Easterti country,

when they see the charges made against them, on
this floor end elsewhere, will feel no other senti-
ment than indignation, ihat men can rise and de-
nounce them, not only aslikely to rebel, but as actu-
ally in a Slate of rebellion. 1 ask gentlemen who
believe that the people either are or will be in a
state of rebellion, to produce the evidence in sup-
port of the charge. Do you know, sir, thai force
has been opposed to the execution of yoar laws
in any portion of this country 1 If the people in
any portion of it have raised the standard of re-
bellion, if men as enlightened as the Americans
really cannot bear the Tans of their own Govern-
ment, I ask gentlemen to point out Ihe particular
cases which justify the asseriioo. I bdieve that
no such opposition does exist ; and I express with
confidence, if any such does exist, that we have
no information of any kind which can be relied oti
on lhat point. It does not appear to me that the
feeling which has been msntiested in regard to
this measure, affords any just ground on which
to legislate. We are to consider what course is
beat calculated to promote the interest of the
country, and lhat course we ought to pursue. If
men in any section of the Union wilt oppose the
Inwsoftheii country, we have force enough to put
them down ; and I will never shrink from using
it. This much I say, at this lime, because the
opposition to the taws was the first ground taken
opposiiion to the first day of June. Another
lund is, that the fixing on tbat day will inter-
iih the rights of those who succeed tis. I
ao not consider this to be the case. We were
called hereto exercise our judrment as to the

Sood of the people. The Legislature can never
ie; and when the celt Congress meet, if any
circumstances shall have occurred which shall
induce them to change Ihe course contemplated,
our acts will not at all affect the course which
they may think proper to purstte. I believe, sir,
that every member in the House will do me the
justice to say that I never have concealed my
opinion of the situation of the country. It mast
be granted that our situation is serious; that it
ever will be serious when a free people are placed
in nnch a situation that they must either abandon
their righig oi enforce them by physical strength.
It has been said that war is not the gr erteat evil
which could occur. Sir, I consider it the great-
est evil which could befall our eonniry, except a
surrender of our rights or independence, and that
I believe to be a greater evil, because there is
nothing in this world vrorth preserving, if we
lose our freedom and independence. But if this
country is to adopt the priaeifAes of the wander-
ing Jews of Europe, if we are to tniffer OUfSelves
lolje stripped and robbed without resistance, and
obtain our livelihood by mean or dishonest prac-
tices, it is proper that we should put ourselvea
under the care of some European Power, for the
protection of those rights which we have not the
Buirit to defend. If we postpone the repeal till
the first of June we shall have an opportunity of
again hearing from tbe different Powers of Bn-
rop& and of knowing what may be the operation
of (DC pnUie despatchea. We shall know who-

.yGoogIc

1253

HISTOET OF CONGRBSS.

Jahdart, 1809.

Preparation for War.

H.opR.

tker they will withdraw their orders and decrees,
or whether appeal loarms. I havB always [bought
that when the enibargo ihould be removed, war
mast he the result J andiriatudispoted tonostpooe
for a period an eveoi which will always be awful
to a couolry like this, ffeDilemen will do me the
justice to belieTe, that 1 am not less willieg than
them»el7es to maiotaia the rights of the country.
It will give us one more cliauce for peacej aad
noiwithBtaDdiDe the opiniooi which hare been
expreaaed, I declare to Gcd that I am atixious fi
peace. But when the question is between peai
and a surrender of our riffhts as a nation, I am in
tavor of war. I am willing to take this one
chance of peace, and for that reason 1 am willing
to postpone the oeriod of issuing letters of marque
and reprisal, tilt the first of June. I have an-
other teasoQ. When ibis nation tries its strength,
I am not willing that it should do it uoprepared.
I have no idea that war can be carried on with-
out men. How are you to fight, sirT Are you
to arm vour merchant vesaels— to let your vessels
sail wiin all their eauTass stretched, to British
ports, to take licenses, pay tribute, and di^race
their conntryl The arniing your merchant ves-
sels will have the appearance of resisting taxation
without doing it. What would he the conse-
quence of our vessels going out armed for their
Erotectionl You might as well nail yon r em-
ugo law to their mastt, and luppoae it will pro-
tect the merchant vesaeU, as to think of doing it
bynrtaingthem. Tbesiiuatioaof the world forbids
the idea mat we can force a Hade agaiast Great
Britain. We most raise men and prepare to at-
tack her where she is vulnerable j and when we
hare done this we may remain quiet, till it is
liuM to commence operations. Another objec-
tion has been made to inserting so late a day
as the Srst day of June. It is this: that we give
notice to the belligerents, that on a certain day
we mean to make war upon them. When we
come to examine this objection, sir, it is nothing.
Have not gentlemen declared in their nlaces that
Congress is to be convened to exchange war for
eiobargol Hare they not made preparation for
an extra aesgion for the purpose? The British
and French Oorernment are aa wdl convinced
of oar determination, aa they can be by any reso-
lutioa ire may pass. It cannot be an offence,
therefbre, for the poslponment till that day is
evidence of a desire for peace. We have with-
drawn from the ocean our commercial capital,
and fifty thousand citixen marinera, from a de-
aire for peace. Whenever then the embargo be
repealed, it ia war, if the obnoxious edicts be not
repealed ; and lam willing to postpone ibischaoge
a feir months, that we may not disgrace our-
aelrea to the world, and make ourselves ridiculous
at home, by going to war without men. And
white I tnsKe this declaration I wish gentlemen
diatinetly to understand me, that 1 never will sub-
mit to the edicts of the belligerents; and also,
that I will forever rote against the removal of the
embargo dnrtng a continuance of the bellifferent
edicts, unless thoee who wish to remore il will
aobetiuiu wai for iu And thii dettnuMiion I

n if it drive the whole country
to rebellion. Even if driven jrom my seat at the
paint of the bayonet, I never will surrender the
rights of my cDuniry by a removal of the embar-
go without an efficient euhslitute.

Mr. J. G. Jaceson said, that the mode of fill-
ing this blank must depend most materially on tha
course which the House should think proper to pur-
sue. He said, he shonld be goveruea much in the
vote which he should give by the supposition that
the course would be such as should be consistent
with the honor and dignity of the nation. He
hoped gentlemen would not be diverted from the
coarse which was proper by this or that publica-
tion, in any neirspaper; thai they would never
vary their course in conformity with the suggest-
ions of others, nor deviate from the course which
they pursued, because newspapers had proposed k
oDDtrary one. I, said Mr. J., will not be influ-
enced by newspaper publications, because our
affairs are too important for us to suffer ourselvea
to be iofiuenced by their attacks on the House, or
on the Qaverameni ; neither will I be influenced
by a fear of exciting insurrection if our measure*
be not abandonedj believing that outcourse is cor-
rect, aod that it is indispensable to maintain our
e at all hazards, eren at the point of the bayo>

And 1 beg of gentlemen not to be diverted

from what has been declared the only course of
honor and proprietv, by the intimidating threats or
inflammatory resolutions of a few popular meet-
ings. I am convinced that the great mass of this
people will pursue such a course, as will coQ-
opposed to the laws in force, tha ^
mally enacied, they shall be enforced
constitutionally changed; and if w«
do subserve the views of those who are de-
termined to put down the laws at al Ihazards, and
change our coarse, we deserve not to lamain in
the councils of the nation, we ought to be sup-
ilanted by men who will do what is right, regard-
ess of the conaaqnenees. If our measures be
ight, the people will support ua ; and if wrong,
_he elections will produce a change in the policy
of the national Councils — a pacific one, not forced
upon us at the point of the bayonet. I am of
opinion that the first of June is the proper lime
with which to fill the blank in the resolutinn be-
fore you, for many substantial reasons, most of
whicn have been urged by my friend, who lost
addressed yon. It wiU be recollected that cur
last accounts from Europe are only down to the
first of December. Important events are taking
place there, having relation to our afiairs, by the
pressure of the belliEerents upon each other, and
perhaps upon ourselves. I xnow that an idea
was advanced, and it could not have escaped the
recollection of gentlemen, in the letter read yes-
terday, (Mr. Canning's answer to Mr. Pinkney,)
that this Government had been influenced in its
conduct towards Great Britain, by its n«gotiaiiona
with Prance. The Ministry ot ihe former baa
been induced to believe tha false charges origina-
ted from prostituted presses here, and wafted
across the Atlantic, that there is a desytn in this
Qovernment to aubserve the viewa of France, to

.yGoogIc

1256

HISTORY OF CONGRESS.

1256

H.orR.

Prqtaratum for War.

Jaii(jabt,1809.

eoincide in the views of the French Emperor. I
believe, sir, rhai the peruaal of the documents
laid before the Honae at the commeDcemeat of
the aessioD, will induce them to encerlaia a differ-
ent opinioD. What would b<: aaldj were we to
let loose oar retsels to-morrow, with letters of
mtrqae and reprisal, if, before they were vrell
launched on the ocean, the winds of March
ahould waft to us a vessel bearing the olive branch
in faer provr? We should justly be sceaied of
|Keeipilation, for not giving time to the nations
of Europe to consider what course they shall pur-
■ae towaidi us. It will be seen that my 'rgu-
nent is predicated on the idea that war must fol-
low a removal of the embargo. I cannot suppoi«,
iDer an almost unanimous vote of this Honw,
that they could not submit without a sacrifice of
their rights, honor, and independence, that they
will Buhmii. I conceive that letters of msrque
■nd reprisal must unquestionably follow a remo-
Tal of the embargo, because any other course
would virtually amount to suhmi '" ' — '""
am vessels cannot possibly have
What would be the consequenci
■ure? We admit the right of search for con-
traband of war; and to resist it would he an
act of war or piracy. If a belligerent vessel
meets one of ours armed for neutral trade, and dis-
covers that it is of inferior force, resistance wonld

were superior, which would not be the case
haps one time out often, the cruiser would steer
off till it were reinforced wiih the assisiaoc
tnother i arming our merchant vessels would pro-
duce no good eSecl then, and we must issue letters
«f marque and reprisal, if we would not submit.
Bnt. gentlemen say, let us fit on an earlier day,
that we may catch the Northern speculators. The
national net lauit not be spread and drawn, sir,
for such petty purposes as crushing a few dis-
honest men, who in the pursuit of money have
prostituted the honor of the country as far as de-
pended upon a rigorous execution of its laws. If
we listen to such policy, we shall change our
opinions everv day, as much as if we listened to
newspaper abuse from that quarter. I concur
heartily in saying that it would not be a threat to
either nation to declare 4hat the embargo shall
be repealed, and letters of marque and reprisal
Issued. It will be a luce to both. Neither nation
can consider it as a threat to itself, but to its
enemy. And if tbey should choose to consider
it as a threat, it has been said frequently, that an-
other conrse could not be pursued i for were we to
make this declaration with closed doors, many
instances have proved that the precaution would
be inefleciual. The declaration by the act for an
eitra session, that the month of June will be the
limitation to'tbe embargo, was as effectually noti-
fying Great Britain that we would pursue a differ-
ent course, as if we were now formally to de-
clare it. I am therefore of opinion that the
ebange of measures should not lake place till the
first of June ; the interval between ibis time and
that wilJ give an oppotinoiiy to (he Buropeto

Powers to say whether they will have war with
us or do us justice ; and as no man there has pre-
tended to defend either the orders or decrees, on
the ground of right or the laws of nations, I hope
they will show that they have yet a little jnstiee
left — for they must see that the imputation that
this Gloverament is yielding to the influence of
France, or that it is hostile to England, is the
moat shameless falsehood that can be conceived.
The offer to repeal ibe embargo as to Oreat Brit-
inif she would repeal her Orders in Council, was
a offer to take sides with Qreat Britain. I hope
that they will be convinced that it is their in-
terest to change their policy towards ui ; I trust
that iheit people will, as Iheyhavedone heretofore,
change their Ministry for the purpose of changine
their measures. They will have seen that we ask
but half justice at their hands ; that the embargo
law is but coniiotied for the purpose of avoiding
war with them ; that we are willing^ to rescind our
embargo if they will withdraw their orders, leav
iog tofrjeodly adjustment the afiair of the Chesa-
peake, and a thousand other acts, each of which
might be cause for war. 1 think toal I understood
the gentleman from Massachusetts (Mr. Cook) to
say, that the course which he suggested was not
perhaps correct; hut that the people pressed it
upon him. Sir, I hope the House will not, like
the gentleman from Massachusetts, be infiuenced
by such considerations to do that which Ibeir
judgment tells them is not correct ; but will pur-
sue the line of itieir duty, wiihoui beiog diverted
from it by the wishes of any particular class of

Mr, Nelson said he rose to make a few, and
very few, observations on this subject. Two or
three different days had been mentioned with
which to fill the blank. He had heard no reason
wliich satisfied his mind that the period should
be postponed until the first day of June. He said
he was sorry that the resolutions had been intro-
duced into the House. He knew not whether it
was not proposed to give up the best system that
could be adopted, to take up another which was
totally untried. He objected to the introdnctioa
of tbe resolution, npoo iwogrfiunds, one of which
had been given as a reason for introducing tbe
resolution, viz : that the embargo is at this time
a dead letter, and could not be executed. I be-
lieve, said Mr. N., that it is not reduced to the
situation of a dead letter yet; and I believe that
it can be enforced without bloodshed, and that
the honor of the Qovernment is as much at stake
on that point as on anj point in contest with for-
eign nations. What is our situation, air, accord-
ing to the arguments of gentlemen 1 A law haa
been passed by the General Government, within
its Constitutional power, which is acquieiiced in
by nineteen-iwehtieths of tbe people. But the
remaining portion, perhaps not so large a portion
as one-twentieth, have made apposition to it —
have made a noise and clamor against it— and
now we are called upon to give it np. The next
general law we pass may operate severely on the
Southern States: the people may make a noise;
tbewallaofCbarlflstDQ may be covered with cto-

.yGoogIc

mSTOKY OF C0NGEES8.

Januaht, 1!

PTeparatim for War.

H.0

non, Rod noisy demago^es may run Dp aad donn
the streets, hartngDJDe the people, ana we might
repeal i[. The next law mighl operate on the
people of [he Western couotry. They might,
peTuaps, follow the precious example of the East-
ern people, brush up iheii rifles, (ell us this is a
hard law, and therefore we most repeal it. Is
thi« Qovemroent? Is a Go7ernmenl of this kind
worthy of support? Away with it, sir, and let
the people form a Government which is worthy of
auppor^ a Government which is capable of sup-
porting itself: it is not come to this, sir; it Is all
mere idle declamation. If we adhere to our
tern, there is do doubt that it can be carried into
effect. The fifty thousand volunteers which have
been decried as intended to enforce the embargo
laws, were never calculated on for that purpose.
No, sir ; the j>eopIe there afe as strong as any-
where ; and if it be necessary to put down a few
traitors, tbe people of the country can do it. It
is not necessary to marcd men from oue State to
another to put down rebellioD or insurrection ;
ihe people will put it down. Every man of re-
flection in the Northeast would reason with him-
self in this way : " What are these people about
t« do T They are about lo overturn all law, by
undertabins to decide the constitutionality of
laws which are undisputed by the proper autnor'
ity. If these things are acquiesced in, what be-
comes of my property, which is only secured to
me by lawl If the people can put down one
law, they have tbe same right to put down ano-
ther." Would not every man of property, of ra-
tionality, argne thus t Surely he would ; for that
man must be a madman who would wish to see
any law put dowu in this way. So long as a law
is unrepealed, it is the law of the land; and while
it is. every man will ^y it ought to be carried
into effect until it Is constituiionally repealed.
Tbeu, I ask, whether we are about to give up this
system to do one of two tbingi, vii: either to
submit to Great Britain and France, or to enter
into warl There is not an individual in the na-
tioD who would agree to submit. What will be
the consequence of war, and what its' results'!
No one can tell. Will it bring money into our

Kckeisl I fear not. Will it redound to our
nor! 1 fear not. Will it procure us the ab-
ject we aim at? I fear not. What is there of
ihe belligerents that we can get at? We can af-
fect but one ; ail her territory oo this ContineOI
may be got. Is it worth retaining when in our
Diwession? I believe not. Submission iioutof
the question i and howevi^r I deprecate war, I had
rather go into it at once, than to repeal the em-
baVgo, and do nothing else ; for, if we wage aao-
iber war for seven years, and are unsuccessful,
we can do no worse than submit at last. It ia
better to submit after resisting, than to submit
without resistance. As a man acts a more hon-
orable jiart who resists an iosuti, than the man
who will take offence at nothing. We had belter
have our houses and property burnt forever, and
involve ourselves in a national debt for ages, than
submit to the belligerents. We are in a danger-
otis situation, such as wa were never in before.

And t will ask another question. What reason
have we to believe that those who will not sup-
port the embargo because it operates on a foreign
nation, will go to war with ua against that na-
tion'? Why, sir, when those people oppose our
laws, constitutionally enacted, (he evil is great j
but if we enter into a war, and they will not go
with us, but directly or indirectly aid the enemy,
will not our situation be worse ? Those very men
who set your laws at defiance, if you go to war,
will be against you. But let what will coms,
whatever may happen, is better ihsa submission.
If we give up the embargo system, tbe sooner we
go into Ihe other the better. Two reasons have
been given why the repeal of the embargo should
be postponed until the firstdav of June. Itissaid
that, by so doing, we shall nave time to raise

Sir, at the last session a law passed for raising
troops. We find it not easy to get troops in tbia
country, where the wages of the laborer are so
high, and of the soldier so low. It is not to be
expected that a man who can get (en dollars a
month, be well fed, and sleep under a good cover,
will put himself under the power of any officer,
who has absolute sway over him, for five doUart
a month, when he must sleep in the open air,
and undergo all the hardships incidental to a state
of war. Added to this, a man who enlists for a
soldier is liable to have his braius blown out, and
that is generally considered as an inconvenient
circumstance, sir. Our soldiers, therefore, are
generally enlisted from amongst that class who
ate too idle to work for their hvelihood. Ther*
are not, thank God, a great many of that class
of men in society ; and there not being a great
many, is the reason why recruiting goes on so
slowly in this country. Between this day and
the first of June you would scarcely be able to
raise three thousand men. And would these men,
in that time, be better soldiers than so many mi-
litia 1 No, sir; time and discipline alone can
make soldiers. Raise men now, and by June they
will know but very little more of discipline than
OUT militia. If then, men could not be raised, or,
if raised, could not be disciplined before the first
of June, ihisargnment in favor of postponing the '
repeal of the embargo until that time is done
away. Another argument in favor of tbe first
day of June is, that we will take the last chance
of peace. I am tired of this, sir. We have taken
least thirty chances of this kind. If we must
go to war at last, it would have been vastly bet-
ter that we had gone to war immediately after the
attack on the Chesapeake. It is lakins a chance in
lottery which consists entirely of blanks and no
rizes. In order to prevent our striking them the
rst blow on the first of June, either of the belli-
gerents may strike us before that lime. They
will know that we cannot strike until the first day
of June, and they may therefore take the first day
of May. If (he embargo is (o be given up, I do
not care how soon, if it be to-morrow. And I
beg the House to understand me ; I never will let
go the embargo, unless, on the very same day on
which we let go (he embargo, we draw the sword.

.yGoogIc

1259

'HISTORT OF CONGRESS.

H. OF R.

Preparation for War.

Jahuart, I8D9.

I ahill TOie far that part of the resolaiion relaling
to I repeal of the embargo, because I do not nisi:
to check the wishes of ihe House on Ihe subjecl,
for, vhen the embargo ts lalcen o% it ihould be
doDe with a unanimous role. As to the second
part of the propositioo. I shall also vote for draw-
ing the sword j but, if I should be in the minority
on that, when ihe subject comes into the Hou;"
I shall vote against every part of the proposiiion.
Mr. Oabdenies said thai it seemed that the
House wason the eve of commencing a new exper-
iment; that ibey had declined the favorite one,
which wBa proraiaed to be so very effectual, the
efGcieocy or which it had at one time been eon-
jide red stupid for any man to doubt) that they
were about to lay that by — and for once, he said.
it seemed that he vaa likely to be in the majority!
He was happy to compliment the wisdom of thi
House on ine occasion. He was, however, un
fortunately one of those whose confidence in thi
authors of experiments in this country had no
been at all increased bv the issue of that experi'
meat which had been initteen mouths in eoming
to an issue. He said he must therefore be pei
initted to doubt of any proposed experiment. Il
resoect to the jiresent propositioo, sir, said be, I
feel myself, as it were, walking in the dark, with
■ blind guide. Therefore I must exercise '
humble privilege of judging for myself, of i
deavoriog lo feel out for myself my own way,

the great conclusion, I have, however, made i

reflection, on what I have heard on ibis subject—
(hat on this occasion we are not overwhelmed
with a profusion of promises of any good effect
to be derived from the measure proposed. It ap-
pears 10 me, and 1 take it as a happy omen, that
no gentleman has ventured to say that war wonld
obtain the ol^ects for which alone war ought
be waged. I recollect, sir, that yon were to'
when the emba^o was laid, that it would have
the best effect. There were many who believed
it ; a majority of this House believed it. And for
myself, when I looked whence this encoorage-
ment, this prophecy proceeded, I was almost in-
clined to doubt whetner it would not work well.
But now no one appears to believe that the pro-
posed measure will bring ns to any issue whet-
ever, to any determination of the distrcFses of the
country; and yet, because it is spirited, brave and
manly, we are to plunge the nation into a war,
sod sacrifice all that the embargo has left us. No
one tells you that such a coarse would be produc-
tive of any advantage. I cannot go into a mea-
sure, sir, from which even the friends of it do not
hope any good. 1 do not like Gghting merely for
the sake oT fighting, when there is no object in
view. It is exhausting the nation when it is

S rowing to be {jowerful. [ will engage iu no
quixotic expeditious. I will go to fig^t no wind-
mills. I will, as was said by a genilemBn from
Kentucky, (Mr. Lyon,) who says many sensible
things in this House, sir, let the nation grow. The
nation bas not arrived to that state oT manhood
in which it can claim superiority. If the policy
of the present day be pursued, it will be a ricketiv
iufautj it may be a spunky spiteful cbild, but will

igth. and will i

r command r

have no strength.

spect. I therefore say again, with the gentleman
from Kentucky, let the nation grow; let that b«
the policy of the Government, and we shall be
respectable for that policy. Everything which
derogates from our iirengtb, lends to render as
unimportant as a nation.

It is with seDsaiions of the deepest regret that
I have heard gentlemen on this floot make use
so frequently of the term rebellion, and apply it
to a poriion of the country in which, I venture lo
say, no spirit of rebellion exists. Jf the eonaci-
ousness of their rights, and, among those rights,
of the right of pursuing their own hapninesa, be
rebellion, you have rebellion enough in tnai coud-
try,sir. Havewecome to this already, that when
a people are ground down into dost, when all
their fair prospect of prosperity is blasted, when
tbey have no hope even for existence, when the
comforts of life are even taken away from them,
when they experteucB nothing bm sofffering —
when such a people, convinced (as I think all rea-
sonable people musi be coavinced) that this is to
produce no good purpose, rise up and say that they
cannot consent to be martyred thus, that it shall
be called rebellion T It is too much for homaD
nature ; they have borne suflerings of a most un-
exampled character for months, but, in hopes that
the speculations of our political theorists might be
realized, they have submitted to them, and vented
their dispositions only in memorials to the Pre-
lident before the commencemeat of Congress, for
thev conceived that when Congress met there
could be no doubt of their being relieved. When
Congress met nothing w«s done. What wOold
you have of freemen f They have intelligence ;
the very form of our Qovernment supposes that
they have intelligence, and that they are capable
of judging of their own interest. This people, so
inielltfient, so wise, (and after this at least I hope
I sbaif be considered as a good Republican,} see
wiih a great many others, that (his embargo, hoir-
ever, it may operate on one of the belligerents —
I believe it is not pretended that it operates on the
other—cannot possibly operate to such an extent
the former as to bring that nation to terms.
Then, say ihey, ell this excessive suffering to
whieli we are subjected, is to no purpose ; we

list stiU go on supporting this state of things,

itbout being encouraged by the slirhtest glim-
mering of hope. Can you ask it, sir! Can yoa
~~pect it? Recollect that if oo the one hand the

overnment is entitled to respect, there is ■ peo-
ple for whose benefit that Ooveroment was in-

'uted; audit cannot be expected, whatever may
said here, when the Government does not do
good for them, that they will say that tbey will
support it. No people ever did say so. Yoa are
too theoretic ; yon cannot expect iL Bat to call
this decision of Ihe people, to whom it rightfully
belongs to make it-— to call this decision, when
expressed in the deep-tohed language of indignant
patriotixm, rebellion — sir, I cannot find a word to
express my ideas at bearing the majesty of the peo-
ple assailed in this way; and, as a Representative
of Ihe people, 1 will not endure it ; it isabomiDaUe.

.yGoogIc

1261

BISTORT OF CONGRESS.

1262

Januabt, 1809.

Preparation for War.

B. OP R.

But, how do geniUmmi mabe i

t rebelLia

this , _

meeiings in New Engl
rebellion or uoregulaled resJslauce to the laws?
lodeed, let me assuie gentlemea that there is not
the slighiett grounJ for appreheosioa of this kind,
You must recoiled, »ir,ibat the General Govero-
ment was originally formed by free and iodepea-
dent Slates ; and when the causes which pro-
duced the Uoioo ceasied, it is not to be wondered
at that the Uoion should cease with it. And it is
the duly of (his body to take care that the causes
'which produced it shall be kept in full and com-
plete existence. It is br employiof; proper means
only that vou can ever nope to produce a desired
effect. The Government was lustiiuied for cer-
tain purposes : when those purposes cease, the
GoTernmeat must cease also. Alt free people
know this: history is full of examples of it. lo'
Btead, then, of teUing the people thai they are in
a stale of rebellion, make your laws such that they
wilt like them — as that they shall bt happy under
them — and theo, sir, you never need talk to the
people from this House. You have evidence of
11 under the present Admioisiraiion. The people
fell obliged to it [bat thev were happy, because
tLe sun ^one upon them, out the syslem pursued
la at an eod, because it was not calculated for the
storm and tempest: it could not endure turbulent
times. Because it has fallen to pieces, the Ad-
ministration has become more unpopular. The
President himself has said, that when kws please
the people, they will rail); round the standard of
the law. It would seem, sir, as if a deeree of pleas-
ure was felt by some geotlemen in the House, in
supposing the people of the East and North to t)e
a people inclined to be restless. Suppose that the
people of the South could not believe tbat the
embargo would answer the purpose for which it
~~ s designed; suppose that thev were satisfied

lit;
South

thai it would brin^ (hero to no happy re!
there that disposition iu the people of the
that ihey would sit quiet and bless the hand that
put these useless burdens upon Ih^ml Is that
the character of Ihe South? I have a mnch
better opinion of the people of the South than to
believe U. If, notwithstanding, the embargo has
produced no effect, their great confidence induces
them to go on supporting this ibing, they act v^ry
patriotically in so doing. The North and East
oppoie it from motives equally patriotic ; and it
is strange to me, (hat, as to that point, ihiiieen
moDibs should not have brought all men to tbe
same mind. When tbe people of the South,
tioder a former AdministraEion. felt themselves

eriy was in danger ; when ihey w . . .
alien and sedition laws were about to ruin them;
did they sit slill under them t Was there a quiet
submission lo ihe Government 1 No, sir; the
Legislature of ihe State of Virginia did what they
thought to be their duty : they thought ibemselve*
light and the Government wrong, and look a great
and coiomanding stand for tbe liberty (as they
thought) of Virgtnii. Why should nut Ma»a'
chusetta, loo, take tbe same stand, when she thinks

herself about to be destroyed ; not beeaase she
differs with you or mere points of theory; it is
their very bread which is attempted to be takea
from the people there, without which they cannot
enjoy the liberty of the press and speech — a press-
ure infinitely more severe than that caused by the
alien and sedition laws. And I am rather sur*
prised that gentlemen, whose hearts no doubt
((lowed with patriotism when they saw their own
State take a stand, cnonot endure the same stand

mother Slate.

these remark* by way of casting
a Tefi«ction on the State of Virginia ; I do it to
show that human nature is the same throughoat
the United Stales. Make your people believe
that they are imposed upon and suffering without
cause, and they will every where manifest the
same disposition. Let the people of the South be
but once convinced, as the people of the North
are, tbat this embareo is but a weakand feeble ex-
pedient, and they will join the people of (he North
against it. But it seems that in one point at leatt
gentlemen show a proper practical disposition,
and I give them most sincere thanks for it. They
start at last at pursuing a system which might in
tbe end produce consequences which I tremble to
think of. But it seems at last tbat the ambargo
is to be repealed, and, in behalf of the suffering
country wnich I in pare represent, I rive gentle-
men mymost sincere tbant^ for ii. But 1 beg of
them, having made up their minds to relieve tia
from one caHimit^, that the; will not in the mait-
ner of doing it bring a slill greater calamity upon
us; that they will not, when we ask ibem for
bread, give us a slone. The resolutioo, taken al-
logetner, is no removal of the embargo. It is a
continuance of the embargo in its worst shape, in
its most distressing form ; though I l>elieve, if
gentlemen who are disposed to relieve us from tbe
embargo conld see the substitute for it in the
same light in which it appears to mv mind, that
there would be no difficulty in rejecting the latter
part of the amendment, proposing tbe issuing of
letters of marque and reprisal. In that case ves-
sels may go oat; but where will they go T Yon
will in that case be at war with both Prance and
Qreit Britain. Is there any one that believes
that we can enjoy any commerce under such a
state of things f Do yon affect lo teil us that we
shall be restored to the navigation of the ocean,
and at the same time create dancers which did
not exist before, by adopting sacli measures as
will utterly prevent the practical enjoyment (^
liberty t You tell a merchant to go out to sea, and
there he will be captured. It is trifling with the
impatience of the people, trifling with toeir inter-
ests ; it isgivisg them nothioK. It is strange, sir,
that iheCbvernment of the United States, when
there was little real daneer in navigating the
ocean, should have thougbt it uecemary for the
purpose of " keeping io safety oor essential re-
sources" to lay an embargo; and that when thejr
have by their measures made a safe navigation so
impracticable thai scarcely one in twenty can ei-
cnpe the clutches of the enemy, they should say
to tbe merchants "now yon may go." Depend

.yGoogIc

1263

mSTOBT OF CONGRESS.

1264

H.orR.

upon it, »t, thtt jou cftanal deceiT« Ihe people of
the commerciil States ia this wir. ir you would
eoinply with their requeiti, *Dd obTiate the Fut'
ther progreu of the tuio which like a blast has
■Dread over ibem, restore them their commerce.
Thev will thank you. You will streogtheo the
booai of DoioQ, wnich should never be relaxed.
Let ihem be the bonds of a great and bieh -spirited
people, end they will endure forerer. But do not
_.__ A — .!.:_ '-^on, which, in i"- ■ -"

Preparation Jor War.

Jandabt, 1809.

: ibel

act wliich shall say that the embiigo shall be re-

Cealed by prohibiiiDg commerce more efieetuallT
y another mode than the embar^co could do, will
not and ou^hc not to satisfy the people. There is
nothing in it. I protest to you, sir, that I feel no
little amiction that, at ■ moment when I thought
that there was a probability that the embargo was
to be remoTed, the liberty of the seas should be
wholly taken away by the proposed system, which
will produce war with Qreat Britain. The only
difference between the two systems is, that now
you eDfoTce the embargo, and if this resolu-
tion take effect, Great Britain will enforce it for
Tou. The impossibility of carrying on a prac-
^aiion will be precisely what it was be-
fore.

ibe embargo than that we should do it ourselves.
If blood is to be spilt in keeping on the embargo,
I had rather it should beBtiiish blood than Amer-
ican. Let us know what we hare to depend on,
•ii. If you mean to repeal the embargo, do re-
|>ea] iL But remember that if in doing it you do
not restore iu the use of the ocean, you do n '
repeat it for that purpose for which its repeal
newsiary. Remember that, sir; and let tout
acts be snch as shall spread harmony and bap-
pine** through the country. But the people are
too wise to suppose that any sincere disposition
exists to restore cooimerce, when you yoursek'
amy that it shall be at an eud in the same bres
that you profess to restore its wonted activity.
I was in hopes, when the first resolution on tl
aubject was proposed by the gentleman from Vir-
ginia, that some compassion was to be manifested
to the people of the East, but that hope declined
with that day's sun. The same system is still to
be persevered in. Can genilemea hope that they
ean restore the confidence of the people by this
aort of conducd Let the OoTeroraeni either
enforce the embargo^ or remove it. Let them
either permit our citizens to go on the ocean, or
let them say that they shall not go on it. Let not
geutlemea suppose that the people of the £aet
will take such a present as that proposed. They
will, by-and-by, shrink from your presents, and
will' not touch them. We beg for nothing but to
be dealt fairly with, to be told, in plain terms,
what you will do. If you do that which it right,
and go to work and restore the prosperity of the
country, we will join with you heart and hand ;
bat we are not to be brought into unaoimity, be-
eause a course ii pursued which all reflection tells
aa is visiooary. 1 was pleased yesterday, sir, with
the impassioned eloquence of the gentleman from

South Carolina, (Mr. D. R. Williahs,) as bon-
God ever formed. He told us, if \re
removed the embargo, we must go to war. It is
in vain for gentlemen to expect us to ^oio war,
when we can see no object for war. We valae
o highly, for that, the prosperity of our people,
eir wives and children. We go amongst ihem
id see their situation, they are a people fond of
money, if you please; and when we nnd that ■
can support life cotnfortably, we think there
. . . tlly more honor in seeing the families in oar
cottages well fed and decently clothed, than ia
sending Ihem out (o figbi, when no man csu tcTl
'bat it is for. It is not so spirited, sir, but there
much more happiness in it. When I hare
one my duty in keeping the people in a state of
happiness, I can go home ana place my head oa
my pillow with a rafe conscience ; but I should
not, if I were to plunge this country into a war
which, on the one hand, is unnecrisary, and on
the other, can produce no good. If we even bare
real croopd for going to war with Great Britaiit
and France, if, by going to war, we could only
be worsted, I would smother my resentment a
while, and do as boys at school ofien do, wait till
I am bi^ enough to fight. I would, at least, bare
the ioaUnctive wisdom of children. I know not
what to add on this subject. My mind is exceed-
ingly distressed by the course wnich it strikes me
is now contemplated. I wish to see gentlemen
less theoretical and more practical ; to see them
abandon theory, and eonsidei for a while the
means of promoting the plain honest comforts of
the people.

Mr. Dana said, he rose at this time, principal'
ly, to protest, in the name of the people of the
State of Connecticut, against the supposition that
it could be necessary for them, for a moment, to
'■"''■' against any iosinnaiion

e their c

of ihe editor of a newspaper, printed at the seal of
Government, however the editor might suppose
it to be sraiifylog to those whom he wished to
please. When gentlemen talk of New England,
said Mr. D.,ani] of Connecticut, as comprised in
it, I would observe one thing; tnat the people of
Connecticut have confided the management of
their affairs here, to their Representatives in Con-
press i that they are not in the habit of petition-
ing this House. If they wish laws repealed, they
do not address memorials (o yon on the subject ;
but if you believe, because they da not, that they
approve of the laws, you ate totally ignorant of
the country. Whatever may be imagined about
that State's being managed in a peculiar way, you
know but very little about the people, if you ima-
gine that they are not actuated by sentiments of
liberty, if yon imagine that the sentiment of lib-
erty is not one of the most inextinguishable, or
that their attachment to Republicaa principles is
not of the strongest cast. Their love of liberty
is characterized by a high and sacred regard to
order. The liberty which they wish is a rational
liberty, one in which wisdom and justice reign
supreme, which secures to every man his right,
and protects every man against aggression.
As to the idea of a rebellioa in the northerB

.yGoogIc

mSTORT OF CONGRESS.

1266

Pnparation Jar ,War.

H. or R.

portioD of the Union, 1 saT that do tucb thing
eiiiis. I have heard ti spoIieD of as if ihere did.
It is scraDge that geDilemen can hesitate one mo-
ment if they beliere that lebellioo existi. If it
does, let not one day pass over before you array
your hattalions and order iheoi forward. If yon
will Dot do this, you are bound not to consider
soy agitatioQ aa Tebetlion. If it be rebeilioa you
do not do your duty if you do not suppress it.
You are compelled to decide whether you will
denominate it rebellion or dissatisfaction. Ifit
betebellion, crash it. Ifit he only an eipression
of dissalisfaciion at your measures, respect it.
Gentlemen speak rety freely of that couairy;
they caanot touch it too lightly, especially when
they speak of the bayonet as applied to ii. Sir,
geodemen must beware how iney touch on this
topic, especially when it is viewed as arraying
one great portion of the Union against an other,
especially when you load with terms of oppro-
brium a large portion of the Union, when it is
represented as being the hot-bed of faction, as the
nursery of toryism, as the residence of "British
BKents and persons corrnpted with British gold."
Wiien gentlemen talk on this subject, let them
recollect one thing- The inhabitants of that
part of the country are not ignorant of their own
strength; and no threat of venKeance will make
them obey you for a moment. It is a moral force,
and that only, which controls them. Of one
thing, sir, eenllemeo cannot be ignorant, neither
are we. The physical sirengih of the different
portions of the Union, is not according to the
ratio of representation on the floor of ibis House.
When^ therefore, gentlemen talk of engaging the
authority of the Qovernment, let them appeal to
sentiments more worthy, more honorable; and
when we talk of our acts, let us recollect that a
power superior to ourselves has set limits to our
authority, and said, "thus far shall yau go, and
no further." [Mr. Effes asked to whom the
genttemaa particularly referred In the observa-
tions which he made.] Mr. Dana said, he did
recollect pariiculariy, but he was remarking on
the general current of observations, which had
beea made in the House for two or three moaibs
past. He could only say, that though he felt the
observations at the time, he had not particularly
noted by whom they were made, and they had
left only a general impression. And there is one
other thing, said he, which I havefelt very strong-:
ly — the habit oreiaropleof denouncing, of cover-
ing with terms of opprobrium a portion of the
people of the United States, who may not approve
all the measures of the Oovernmeot. I have felt
these things because they are grossly miaconslrued
as an encouragement to that ferocious yell of
denanciation, to that savage war whoop of ven-
geance which is eicited out of this House in cer-
tain portions of the Union. It is of the utmost
moment that that spirit should be repressed in
varions parts of the country. If in the moment
of peril instead of arraying on this floor the petty
passions of party, we were to combine to suppress
It, we should more consult the interests of oar
country.

A committee appointed to consider our foreign

latioDs, has presented us three alternatives —

submission, emoargo, or war with Great Britain

Prance. They conceive it to he necessary
to take one of these. For myself, sir, I declare
that I do not wish to take either. As to war
with Great Britain and France, I should wish to
lay that till I could understand how it was to
be made. As to this going to war with two na-
tions at war with each other, I should like first to
make some inquiry on the subject. I wish to
know if any gentleman of military talents haa
drawn up any system of Sghting three armies to-
gether. One against two on the same side, is no
new thing, sir; but three against each other is a
perfect novelty. I really do not know they could
' r up (heir troops in order of baltle, supposing

: armies to meet. They could not be drawn
, a parallel lines, for each army must be op-
posed to two others. It is a sort of prismatic or

iKular thing; for I cannot take three lioea

^rm a square of them, or aoy other regular
body. How would ihey form a line of reservel
The only way that I could think of arranging an
7 on this principle, was to draw up the three

es in a IriangUr form, the angles at ISO de-
grees, the whole making 360 degrees, or a whole
circle; but in this case you must keep them there,
not let tbem move, or you destroy the principle.
This is a new thing which I wish to have ex*
plained. It is not ihe old-fashioned way of fight-
ing at all, nor was it ever known in ancient or
modern war. When we go to sea, how will the
system siand? Three frigates, British, French,
and American, all at war with each other, meet.
Now if any two of them were on the same side I
could understand it; but I cannot understand this.
I have read an account of en English ship-of-lhe-
line going out and running between two enemies*
ships-of-the-line in the night, and a heavy fire
commencing on each side, hacking with consid-
erable address, and leaving them to fire on each
other. But really, sir, I cannot imagine how
ships of three belligerents are to go to wotk.
They cannot lay alone side, forward, or aft ; and
yet I do not mean to deny that this thing cannot
be done. For myself I have no suspicion thai
any man who has nautical skill enough to com-
mand a frigate, or any men who can give the
order of battle for a brigade, could think of en-
gaging at the same time with two enemies. If
on this principle ynu go to war, therefore, you
must trust the command to persons totally un-
worthy of command.

Mr. Epfes. — I am glad that the gentleman
from Connecticut has exhausted in debate the
feelings with which he commenced ; that he has
concluded his remarks in perfect good humor I
have no doubt. His dissertation on triangles,
although ingenious enough, does not appear to
me entirely new. The gentleman might add
much to his stock of information on the uses of
the triangle by perusing a luminous pamphlet
recently printed on this subject, called the " Trial
of Alexander Whistelo." It is a book containing
much curious learning, and 1 am cettaiu the gen-

.yGooglc

1267

mSTORT OF CONGRESS.

H.orR.

Preparation for War.

Jamdary, 1809.

tlemiD from Com
mod instruction from ila perusal. I regret eZ'
Iremely some of the obserTatioas which have
fallen from the geDileniHD, aadamhappf iha
did not intead to apply any pari of itieiu to
I disclaim havjna; ever reflected on (he people of
any part of the Uniied States. When, on a '
mer day. in debate, I declared that (he lory pi
ciple hao assumed in this country an official fo
I referred to a MDiiment vhich I read fiom the
Essex reiolutiont, coDtaioing what I at that i
considered, and still consider, a tory priocipl

We are told that we ate now about to abandon
the embargo and make a new eipeTimenc. What
is the new eiperimeDll Letters of marque
reprisal. The trial of force after every other
remedy has failed is not a new ezperimeai. It
always has been, and ever will b« the last resort
io contests between naiioaa. When erery other
mode of adjusting a difference has failed there ia
nothing lelt hut to give up the contest or fight.
Bir. from the period at which the United Siat^a,
under the auspices of the Federal QoTernmeot
assumed its rank among the independent nations
of the earth, we have been the object of suspi-
cion and jealousy to the present great belligerent
nations at Europe. Aiiacbed to peace, and anx-
ious to preserve it. all our efforts have been di-
rected to this object. Our habits are not warlike.
The glory of conquest and the splendor of
querors, are spectacles unknown to this happy

first roused the jealousy of Great Britain. To
this jealous feeling we may attribute manjr of
the wrongs inSicted on us by Great Britain from
the year 17S3 to the year 1795, when our difiei
ences were adjusted by treaty. The eonclusio
of this treaty roused the jealousy of Fraoci
The sympathy produced by the American Revt
lution had beeo weakened by time, and was tc
tally lost durinff the sanguinary period of the
French Revolution. From the conclusion of the
treaty with Great Britain our peace with France
was in danger. Various acts of injustice and
violence, oo the part of that Qovernment, brouffbt
us almost ioio a state of actual war. Our differ-
by
and jealousy of both tli<

that unfounded suspicion and jealousy ...

many of our present difficulties. The demon of
jealoUEv alone could induce either of iheae Pow-
ers to believe thai this nation is disposed to at-
tach its destinies either to France or Great Brit-
ain. Nothing will satisfy Great Britain but in-
Tolring us in her contest with France; nothing
will satisfy France hut involving us in her con-
test with Great Britain, Everything short of
this is represenied by each as partiality towards
her eueray. Each Power, on the pretext of our
being partial to the other, has offered us injuries.
to which we must either oppose effectual resist-
ance, or surrender our independence. Shall we
fold our arms and sit down content under all the
Wrongs that we have received, or shall we try our
■Irenglhl It is no longer a political delusion.

We ara about to remove the embargo. This pre-
cautionary measure is to be abandoned; our ves-
sels are no longer to be chained to the docks;
they are to be employed on the oceao, and Ameri-
can seamen will dnd active employment in aveng-
ing the wrongs and vindicating the rights of their
country. In this imporlaul object Ibad hoped
we should ail unite. It seems, however, that ibis
new experiment of fighting ia considered rather
worse than the embargo. I have been astonished
to hear gentlemen get up and speak on the old
worn-out subject of the embargo. They (ell us
that (he people must find their way to the oceao.
Can they go on it without arms? Take Lettera
of marque— Sghl your wayl No, this ia war; it
will prevent their going on the ocean at alL It
will wholly destroy commerce. Nothing but re-
sistance (o Great Britain and France, effectual
resistance, can ever restore commerce. It is gone,
and with it agriculture, if these decrees and or-
ders are not opposed by all the energiea of the

What is our present situation 1 It is not my
intention to occupy ihe time of (he HoDse in read-
ing documents ; from these documents I coosider
as established, beyond a possibility of denial, the
following positions:

1. That Great Britain has violated our terri-
tory, murdered our citizens, committed enormous
depredations on our commerce, impressed oar
seamen, excluded from market seventy millions
of dollars of our exports, and subjected to tribute,
to the following amount, (he great staples of oar
country, viz: tobacco, (nree dollars per 100 lbs.;
;ot(on, sixteen cents per pound; corn, sixteen cents
per bushel; flour, two dollars per barrel; fish,
ninety cents per 100 lbs,; pork, six dollars and
eighty-six cents per barrel; beef, three dollars and
thirty -three cents per barrel.

2. That France has violated her treaty, coni-
mi([ed enormous depredadons on our commerce,
burnt our vessels on the high aeas, subjected them
(0 capture for causes over which we have no con-
trol, and subjected to capture our commerce with
Britain, its islands and dependencies, amounting
to thirty-three millions of dollars.

3. That both these Powers have attempted to
mark out the course which the United States
ought (o pursue towards its enemy; and, under
the pretext of retaliaiiog on us for supposed sub-
mission, have carried their injustice and violence
so far as to leave to the United States no com-
merce which can he pursued with safety or honor.

4. That negotiation lias been tried with both
these Powers in every possible form, and has
failed.

Will any gentleman come forward and deny
ly one of these positional He cannot. Doea-
euls on the table demonstrate their truth. These
juries cannot be submitted to. They must be
sisled. The last appeal to (he justice of these
Ltions has been made. Whenever the emba^o
.. removed we must fight. Whether we fight on
the triangle, the square, or the form called rough
roll and tumble, I care not Fight we must, un-
less we are destitute of principle and of courage.

.yGoogIc

1269

HISTORY OP CONGRESS.

1270

Februart, 1809.

Preparation for War.

H. orR.

1 woald not submit wiihoat a ^ifOft^
just prelensioDs or either of these Fowera. The
causes which produced the AmericBn Revoli '
were trifling compared with the present i
sirous preteaaioos of the belligerents.

Will the people, who spurned a paltry ta
lea, wheD united under the same Qorerni
with Great Britain, submit to a tax on tbe most
valaable siaptea of their country, and hold tbe
light to carry them to market at the will of a for-
eign Power 7 It is imposible ; our anccators gavt
up a country afibrding CTerytbtng to gratify ara-
rice and pride. They placed thetnselres uadei
the goddess of liberty, in a forest filled with howl-
ing savages, and destitute of the comforts of life.
Shall we, the descendants of tbai people, shrink
from roainiainiog our independence? Shall we,
to iToid the evil of war, take the greatest of all
cTJIs, a base submission to foreign Power*?

We are told that the alien and sedition laws,
which called forth all the enerjcies of Virginia.
were mere saiice compared with the emtwrgo.
They were bitter pills, never to be swallowed ;
they were clear, open, and manifest Tiolaiioos o(
the'Constjtution, and the reasoning of the com-
mittee of the Virginia Legislature against these
laws remains unanswered to thia day. When-
ever tbe people of Massachusetts, or any other
State, shall come forward and show me that a
law is unconstitutional, and in the same firm and
CcinstituiioDBl form, and that I have violated
their rights, 1 am willing to retrace my steps.
But when they tell me that they cannot live but
by a base submission to a foreign Power, I will
say to them ''starve." Whenever the people of
this country cannot live without crouching to a
foreign Power, let them starve. J cannot consent
to surrender, as a dessert, or for ■ whole dinner,
the rights of this country.

We are told we cannot maintain out rights;
that we must grow before we fl^ht. We cannot

E'ow under base submission to foreign despotism.
ook at the history of the world, and see whether
any nation has grown up under oppression. It is
tyranny which produces ill-formed and ricketty
children, and not an adherence to the rights of
men. But the gentleman from New York has
told us that this attempt to assert the rights of
the nation by war, is worse than insult ! I have
shown you, sir, that the people are excluded from
the ocean by the decrees of Great Britain and
France, and if we raise the embargo^ war must
be the consequence. Whv, sir, if^we take off
from tbe list of places to which we usually trade,
those places affected by thb decrees and orders, we
have, as has been repeatedly sbown, but a com-
merce of seven millions and a half. Will you
take (hisi If you do and probibii inieroourse
vilh the places affected by tne decrees, it is sub-
mission.

Take the second project which has been tiered,
viz; to arm our merchant vessela, and allow ihem
to irade. If our differences were with France
>lone, this would be an effectual and honorable

S'ovlsion. We could forces trade against France,
or sitnation would permit it. But will any gen-

tleman say that we can carry tobacco, or rice, or
cotton, or fish. !□ market on the Contineoi' of
Europe, and protect it with cannon against Qreal
BritBio? No, sir; arming the merchant vessels
will give only a commerce with Qreal Britain.
It is consigning to individuals the destinies of the
nation. Issuing letters of marque and reprisal is
a fair, manly, and open resistance on the part of
the oatiou. It will afford to our ciiizens a chance
to get back some of the property of which they
have been plundered. It will give neither Power
a monopuly of our commerce. We can assail
both belligerents and fight them both at triangles,
squares, or oblongs, or in every possible form in

be employed with effect on water, our vessels
must not be encumbered with cargoes. Letters of
marque and reprisal will be effectual resistance to
both these Powers — arming our merchant vessels
is not resistance in the present state of tbe world.
It can be followed only with disgrace to the na-
tion and ruin to the individual. It will give to
Great Britain the exclusive monopoly of our com-
merce and deiilroy the value of all tbe great sta-
pies of our country. Having already stated to
the House once to-day the reasons why I think
that the embargo should not be continued beyond
the first day of June, I shall trespass no longer on

Wedi(E9Dat, February 1.

On motion of Mr. Borwell, that the House do
come to the following resolution :

RuolMd, That the Clerk of this HousebeinstTDctad
to inrnish the Librarian of Congresa with two eOBiplet«
■eta of all docamenti laid before Congress at each sea-

The resolution was ordered to lie on the table.

Mr. Holmes, from the Committee of Claims to
whom was referred, on the fifteenth of Decemuet
last, a letter and representation of Thomas Paine,
presented to this House on the fourth of February,
one thousand eight hundred and eight, made a
report thereon ; which was read, and ordered to
lie on tbe table.

PBEPAHATIOIT FOR WAR.

The House again went into Committee of the
Whole on Mr. NicHoLia and Mr. Bacon's resolu-
tions—tbe proposition for filling the blank with
the first day of June being still under considers-

Mr. Bacon said, that perhaps the almost inter-
minable debates to which this subject of embargo
in whatever shape it was presented to us always
gives rise, might justly be esteemed not tbe least
amongst those many inconveniences which were
imputed ta it. Sure he was, that it was by no
means an evil so entirely imaginary as were
many uf those which both in and out of thia
Honse had been laid to its char^. It had coat
na a most vehement and impassioned debate to
get into it ; bad been the theme of an almost per-
petual debate during its contiDoanee, and it now
seemed that we eoold get out of it only by the
aaiae eonrae. For kinuelf he should have beeo

.yGoogIc

1271

HISTORY OF CONGRESa

[. orR.

Pnparationfor War.

FSBBVABT, 1609.

villing to hare met the present queniioii hy ■
siteot vote, if a simitar diapOBitioa had beeo gen-
erally evinced on either side of the House.

Frooi present appearances, uid Mr. B., I am
sorry to be obliged to realize, thai id my vote on
batb parts of the resolution a oder consideration,
I shall probably be compelled to differ with many,
though 1 trust not a majority of ihoK with whom
it has usually been my pleasure and my pride to
unite on moil questions of a public nature. Id
the obierTetioDs which have falleu from son
those gentlemen, there has appeared to m_ ._
have been mieTmingled at least some indirect
thrusts Bl those of us who on this question might
be thought disposed to differ with them in opin-
ion, in relation to the propositions now pending
before us. This is a state of things which it was
perhaps Terv natural to expect, and we may

Dablyaswelt now as erer give a free vent to tl

traoaienl feelings which it i& calculated toescite,
and settle the accouat at the outset.

Oo this heed it was iniimaied yesterday byi
gentleman from Virginia (Mr. Jackbon) that ihi
popular clamors which were at present so loud
in some quarters of our country might per-
haps deter some gentlemen from aaherins to that
course of policy to which they might oinerwise
assent; cautioning them at Ibe same lim^ that
they might be hurled from their seats by the peo-
ple, if through a defect of the nerves they should
shrink from a rigid petformance of that duty
which the crisis called upon ibem to perform.
Mr. Chairman, with respect to political nerves, we
have probably, most of us, as good an opinion of
the strength of our own as they deserve ; but to
judge of this particular working upon the system
of others, is at once a difficult and delicate un-
dertaking. So much does the nervous system
vary, according to the different habits and coq-
stilntion of politicians, that it is impossible pre-
cisely to ascertain its operation, or the different
results to which it sometimes conducts us. With
some, it undoubtedly operates to create a sort of
instinctive horror at the prospect of popular dis-
approbation, and a peculiar sensibility [o popular
clamor. With others, its tendency is to foster a
confirmed repugnance againit differing, in any
essential point, from thass enlightened fewwhose
opinions we have been habituated to reverence,
and whose general principles we have been ac-
customed to respect. Its influence upon our pub-
lic coaduct should, unquesIiODably, in both re-
spects, be sedulously guarded against. For if, in
one case, it degrades the legislator into the vari-
able and unstable demagogue, in the other, ft
■inks him iato the levee politician, or the accom-
modating courtier. For one I can truly declare,
that 1 know of no public situation in which the
firmness of the nerves can be so severely tested,
as that in which we are forced to differ from the
opinions of those in whom we are accustomed to
confide as politicians, and sincerely to respect as
men. My present situation enables me to speak
with a most feeling sense of the truth of this re-
mark. But, as on the one hand, 1 feel it my duty
not to be driven, or, aa the eipression has beeoj

not to be kicked into any course which I cannot
approve, by the rudeness of my political adversa-
ries, so, on the other, would I be careful not to be
seduced into it by any overweening deference to
the opinions of my frisnds, however respiectable
characters, or exalted in their pab-

lics

,._. .. . question, Mr. B.

said, he was compelled, from the best considera-
tion which he could bestow upon it, to differ from
the very respectable mover of the resolution on
both jnrts of his proposition ; on the first, as to
the lime at which he proposed to give it effect,
and on the second, as to theextent of the measure
itself. The proposition bow was, to fill the blank
with the first day of June. So far as this applies
to the repeal of the embargo, what beneficial ends
can be aoswered by deferring it to so late a pe-
riod? There were certain! v many positive ben-
efits 10 be calculated upon trom its early repeal ;
amongst these, was the consideration that it would
more effectually quiet those public jealousies and
discontents which had been soauiduonsly excited
and promoted in some parts of the Union. Most
of these, to be sure, he well knew to be umeasoD-
able and unfounded; many of them, he bad no
doubt, were wicked and perverse. Still, if by
any measure, not otherwise exceptionable, they
could be effectually allayed, it was certainly not
an undesirable object. It surely coutd not be
sound policy, by adhering to this system beyond
the measure of absolute necessity, to risk in the
hands of any faction which mi^ht be disposed to
wield it, an instrument by which they may en-
danger the Union of our cauotty,and raise them-
selves to power on the ruins of liberty and the
Consiitutioo. There were many other advan-
tages, in a commercial view, which we should
derive from a speedy repeal, and which would be
very much lost by deferring it to so distaoi a pe-
riod; these bad been urged by others, &ad he
would not enlarge upon them.

What, then, are the advantages expected to be
derived from a protraction of this measure four
months longer? As to any coercive operation
which it may have upon foreign nations, when
the utmost period of its continuance is once de-
clared by law, no gentleman expects anyihiag of
that sort from it — Trom the moment that a limi-
tation is fixed, its coercive force is allowed to be
gone. It is only, then, as a measure calculated
For ihe preservation of peace with foreign Pow-
ers, that the protraction of its repeal for so lon^
a period can be thought desirable. That this is
an object of the highest moment, and for the at-
tainment of which we should cheerfully submit
to varj great sacrifices, cannot he denied; it is
for this, and this alooe, that we have so long con-

itedtothem; hut,aswcmayBomelimesevea boy
gold too dear, so the chance of an honorable peace^
and, under ilie present aspects, it is at best but a
chance, may be purchased loo hioh. It will be
too high if it even expose to hazard and inlerrop-
tion the continuance of our internal union and
our national tranquillity. Sir, when I speak or
an interruption of ttsoquillity, I beg not to be

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1273

HISTORY OF OONGEBSS.

1274

Preparation for War.

H. or R.

nnderstood as beiog intimidated mjrself, or im-
[itessing othenwitb any appTeheoiioas of domes-
tic insDrreeiioD, or, as it has b««ii denominated
sometimes on ibia floor, rebellion agfaiDsl your
latra in any part of this nBtioa.

Thoaeh DosnchideacaQbeentertaiaed by tbose
of us WDO are well acg^uainted with the pMpleof
New England, yet in jasiice to those getulemen
from other qaarters, who have in their remarks
here alluded to sach a stale of things, I muit say
that the outraseoas and intemperate language
which is daily nel(^ forth in most of ihe principal
papers of a cettaiu character in that section of the
country, and the direct and open justification of
forcible reaisiance to our laws, which they f re-'
quenily inculcate, bare an ineriiable tendency to
create in the mindi of the pnblic here a belief that
Hew England is rail Terging to suco a lamenta-
ble and disgraceful state. Sir, I hare said here-
tofore, and shall cifntinue to aay, that all such
suggestions, from whaterer quarter they may
come, are a libel upon the eood people of New
England ; and however much disposed the con-
ductors or patrons of these prostituted papers may
be to nluDge their fellow-citizens into acts of in-
■ubordination and open resistance to the laws of
the nation, they will never succeed. The known
and rslablished character of that people is a aute
pledge of their incapacity to be driven into any
snch desperate attempts by the arts of a few am-
biiioDs and iDfatuaied partisans, and for the sub-
Mrviency only of their selfish purposes. Il is not
therefore from ibefeat of having to meet any such
itate of things that I should be desirous of sha-
ping any public measure. But iheremay perhaps
arise a state of public feeling, through the influ-
ence of prejudice and delusions, w\ich, though
very far from either open resistance or insuirec-
tioQ against law, may yet be very different from
that state of public tranquillity and national union
which at a period of threatened hostility from
foreign Powers, it is extremely desirable to cherish
and preserve, when it can be done without the
sacrifice of any material object on the part of the
nation; and as no material object can in my view
be calculated upon by a continuaiioo of the em-
bargo to the first day of June, which we shall not
be Bt least as likely lo allain by placiOe it at an
earlier day, 1 cannot but allow some Weight to the
consideraiioo which I have alluded to. If by
means of the embargo we are to obtain our object
with foreign Powers, of which we are not with-
out hope, it has probably before this time had its
effect, and if not, no effect can be hoped from il
after its limitation shall be known, whether the
period of its repeal be fixed either one month or
three months distant.

So mncb, sir, as to the day with which it is
proposed to fill the blanks, so far as it applies to
that part of the resolution touching the repeal of
the embargo laws. As it affects that part of it
which goes lo authorize general reprisals against
either or both of the ageressia^ nations, I would
remark, that even were I satisfied with the char-
acter of the measure proposed, in the present pe-
ealiat stats of oar anatrs, I could by no m

consent to this mode of taking it. In every point
of view, Ihe policy of declaring offensive wbt
against any nation four months in advance, is to
me wholly objectionable. In the first place, it is
taking upon ourselves to judge of the fitness of a
measure at a future time, which our successora
in the next Congress can, when the time arrives,
the expediency of, under all the cir-

jught

to be remembered, that if the contest is then
entered npon, it is our successors, and not we,
who have got to carry the aountry through Ihe

It IS further objectionable, as its effect must be

being formally noti&ed, thai we are determined
to strike on the first of June, and not before, they
must be poot calculators indeed, if they do not
take advantage of us and strike first. Such a
step is atsoeminently calculated to defeat the very
object which is usually and principally intended
by the measure of reprisals ; wbico object is, as
I have ever understood, to enable the citizens of
an injured country to indemnify themselves for
thelosses which they may have sustained through
the aggressions of the injuring country, or those
of its subjects, out of the property aod effects of
the latter wherever found. It (rtight, therefore,
from its very nature and objects, to be an opera-
tion of the moment. The blow should be struck
at once, while the effects of the adversary are
wilhia our reach ; but by giving public notice of
oar intention so long before baaa, can anything
else be expected than that the latter will either
withdraw his property, or so protect and secure
it, that the great object of our reprisals will be in
a grrat measnre defeated 1 Surely not.

But, in addition to these objections, as to (he
time proposed for the execution of this measure,
I am by no means convinced that the measure
itaetfisthe next best which can be presented to us,
by which to resist the aggressions of our adver-
saries, upon removing the embargo. It has very
often been ur^ed upon us, that the idea of a war
on our part with two nations, each of whom was
at the same time at war wita the other, was ut-
terly absurd and itDpraciieable, and could not be
seriously thought of; that the difficulties of sucti
a state of things were great and serious, as it re-
lated to a direct offensive war, could not be doubt-
ed, though no one could say that the situation of
a nation might not be such as to render it her duty
to meet and risk it, at every hazard. At any rate,
tbe Objection to it could only be considered as bar-
ing any force when applied to an offensive state of
hostilities. As to defensive resistance, or a war
of defence merely, it could surely be no objection
to it, that it would hare to be exercised against
two or more nations, who might be aggressing
upon either our territorial or maritime rights.
These it would be our dmy at all hazards to de-
fend, as well as they could, should they be assailed
by all the nations or Christendom. Kali the war-
nog tritwaof savages beyond ibeMississippl should

'y Google

1275

HISTORY OP CONGRESa

H. OF R.

Preparation for War.

Fbbrgut, 1809.

at ODce iDTBiJe our tenitaty, in differcot dii
tioDs, we must meet them ; and whether we fougbt
bf any tutes of eiiber aDcient or modern warfai
or Dot, repel them by our utmoat means. Our
miritime ruhts miglit not be capable of the tami
effeeiual defence, bui, if aiiacked, we matt resit
and defend them, in some abepe or other, be ihi
asMilaQts as numerous m ibej' mJKht. Such is
in some measnre, the peculiarity of our preient
aiiualioo, aad it furnished a wejgbty considera-
tion wiif we should avoid waging aa offenitvc
war as long at possible, seeiog taat we could not
well select our single adversary, with honor to
ourselves, or without seeming to do it bjr compul-
sion of the other. But this furnished no reason
why we should not resist, defensively, the aggres-
sions of both, in the manner proposed in the reeo-
luiion which I had the honor a few days since to
lay Ott the labtc, and which is now regularly be-
fore this Committee. It is in fact for the rea
before sti^^eated. that I should prefer this a^
first step to hostilities, and the next best mode of
interposing our resisiaoce lo our enemies,
other reasoD is, that it aSbrds ui another and a
mneh more probable chance of eaeaping an open
and general war, the calamities of which have
been so feeliogly described; the horrors of which,
at this ezttaordioary period, no tongue perhaps
can describe, and the end of which no man can,
with any precision, calculate. If we at once issue
ceaetal reprisals, (which is only another name
for direct war,) the die is from this moment can,
the last hope of peace is fled, aad we hare noth-
iog to do but to make the best of the contest we
ean. On the other hand, if we take the interme-
diate tiep^authorize defensive resistance and spe-
cial reprisals, only when first assailed— we do not
thereby put both the belligerent Powers up Ic
their mettle, and place them on that point of pride
from which ihev may fancy they caoDOt, consist'
ent with their honor, recede. Such will not be
the situation in which a measure of mere defen-
sive hosiilities will place the relations between us.
So far from it, that, if we are at liberty to enier-
tain any hope of a returning sense of justice from
either of them, it may, I flatter myself, be calcu-
lated upon from a courseoflhissort. From which
of tbem it should first be expected, it is impoesi-
ble to undertake to calculate. In relation to what
may be expected from one of them, no one can
perhaps conjecture. But I will sav, that if those
who govern the Councils of Qreat Britain are not
yet utterly overcome with a spirit of madness and
infatuation, they must recede from the execution
of the system which they have levelled agaiast
as, when they see that after so loog a forbearance
we are at length determined lo risk open colli-
■ions, if they see fit to force ihem upon us aoy
further. Should they then recede, tbere can be
little doubt that France will do tbe same in a very
short period. But, if she shall not, I ihiok that 1
may safety pledge myself (for ell those at least
with whom I have usually acted) that they will
unite as one in avenging, in the best practicable
mode, those outrages upon the national bouor,
interest, and independence, which we have UDUt-

imously declared are not to be submilted to from
any Power on earth; and which (whatever may
be pretended by Qreat Britain) this Oovernmeot
has always been ready and anxious to vindicate
our country against, could we have been suffered
lo do it with honor lo ourselves, and without a
seeming compulsion at least on her part towards
ns. The fact is, that as it respects both those
Powers, their conduct has on both side!;!, hitherto
been so utterly wanton, capricious, and thwart*
ing towards us, that they have couirired (in (he
expressive langusge of our Minister at the Court
pf Great Britain) lo embarrass, perplex, and caa'
found all those measures of resisiance to the
aggressions of either, which they have been con-
tinually requiring us (o take against each other.
We choose not lo lake measures any more than
"to give reasons upon compulsion," and we will
not so take them. We will, however, I trust,
defend ourselves against the depredations of both}
and if they both, or either, choose to persevere in
the execution of their lawless agressions, we
shall, it is hoped, become more united in our de-
termination and out efibits to vindicate oiu right^
if they shall continue lo be assailed.

At any rate, lam for leaving it to the wisdom of
the ensuing Congress, which is to meei at an early
day, to determine upon that position which the
nation shall take in relation to such a suie of
things as may grow out of ibe course which I
propose. They may very probably choose to enter
a step furiher into the eonieit, should do accom-
modation of our difficulties be effected before tbejr
shall assemble. As one of that body, I shall not,
at present, any fbrtber pledge myself to what
extent I would then go for the protection of com*
mercial rights, and tor the inieresti of commer-
cial men. After tbe sample which they have too
geoerally afforded of their principles, and the
treatmeoi which this Oovernmeol bare received
for the difBcultias in which they have involved
themselves, at their request, and in the vindica*
tion ol those interests which these men claim aa
peculiarly their own, it is to be hoped every foiure
Adminisiration will very cautiously commit the
fortunes of the country at their instigation. Like
most of the members on this floor, I represent only
BO agricultural population. That people, thougti
having no peculiar interest in the pursuit of fot-
eiga commerce, have been williog, hitherto, to
contribute their most effectual aid in assisting their
commercial brethren in maintaining their pecu-
liar rigbta. But, aAer what has so lately parsed
on the part of tbew gentlemen, I should hardly
advise my eonstiiuents that it was their duty not
only la insist upon fighting all the world for tbe
assertion of commercial rights, but even to fight
the merchants themselves, as it seems tbey mus^
in order to make tbem alto flghi for their own
interests. In the managemeai and regulation of
the concerns of these people, tbere really appear*
to be something which renders it at least unsafe
for a legislator to pledse himself to anything ape-
cific in their behalf. In regard to the noble ani-
mal who traverses the land or roams in the forest,
there is something aieady upon which we maf

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1277

BISTORT OP CONGRESS.

Fbbruiby, 1809.

Preparation for War.

H. OF R.

with some ufecy calculate ; but wi(h reipect to
the wayward motioDH and tortuous windings of
the stimy Bod slipperf eel, who iquirnu in the
oceao, it is impossible to calculate where or how
we may best lay hold of him, or the most efiecm-
ally regulate his courte. On all these poiots, with-
out pledging ourselves any further, I am disposed
to leave it to the wisdom of our successors to put
the nation in such en attitude as theeireamstaoces
then presenting shall reoder it most expedient.

Mr. Troctp said, he wished to postpone the
eonsideifttioD of this subject, for, the more b
fleeted the more strongly was he eooGrmi
the opialoD that, if the resolutions were adopted
in any shape, ibey could only operate as an empty
menace on foreign nations. It would not ba a
binding deelaraiton on the Dest Congreas, and
could only be considered. In relation to foreign
nations, as a disbooorable coneeosion. Under
what circumstances, said he, were these resolu-
tions brought into the Houiel The House has
solemnly resolved not to submit ; has resolved to
place (he country in a posture of defence ; has
resolved on a farther eieculion of the embargo
laws ; it has passed a bill for an extra session of
Congress in June ; and yet, having done all these
acts, the course of measures is suddenly changed,
and under what circumstances T Whv, sir, at a
moment when we are threatened with internal
eommoiioQ, after gentlemen on the opposite side
of the House hare told you that you would not
go into a war, however seriously you threatened
It; af\er you have been told that your resolutions
were noihiog but paper resolutions; after gentle-
men have told you that your embargo laws could
Dot and would not be executed j we beer of in-
surrections in the Eastern section of the Union ;
we hear of what is called Constitutional opposi-
tion to the laws, of Constitutional and unconsti-
tutional bodies for the express purpose of declar-
ing the unconstitutionality of the laws and
encouraging violent reEistance and opposition to
ihero ; and yet, sir, you determine to repeal yoor
embargo. It is not, therefore, at the foreign hos-
tility with which we are menaced, nor yet the
dlBturbaoce of domestic iranqnilliiy with which
we are threatened, that I feel the least uneasi-
ness. I am only seriously concerned for fear that
this yielding, this concession (if it be only con-
jectured to be a concesslonUo a domestic fac-
tion of any description, will end in the destruc-
tion of our Constitution and the ruin of your
Oovernment. It will be evident and incontesta-
ble, and tt must grieve any man (o think ot it
who ratues the liberties of his country, that
your Consiitotion is not strong enough to stand
the rode shock of faclloD. Gentlemen will not
give themselves time to think seriously, sir.
They will not divest themselves of local feeling
>s tbev ought to do. 1 am ready to acknowledge
that this Government has been heretofore wisely
administered ; it has exclusively governed by the
>tiild virtues — prudence, modeiatioo, clemency,
forhearaoce, and economy. These are the prin-
ciples which have heretofore characterized yoot
Admiaii[rati«i ; but, ms your condition changes,

will not the principles of your Government
change also 7 When yon are threatened with
foreign and domestic war, does it not become yoa
to pot away yonr peace principles and put on the
habiliments of war 1 In such case, will not firm-
ness and decision of action and liberality In the
expenditure of public money characterize your
conduct. Certainly. If you arethreatened with
war. at home and abroad, the best mode of avoid-
ing DOth is ft vigorous repression of opposition at
home, and a direct resistance of hostility from
abroad. If gentlemen consider this Government
ID the nature of it to be a weak Government, they
are mistaken. It is the strongest Government
on earth both for peace or for war. The sreat
fundamental principle on which all political in-
stitutions are built is that of obedience to law: it
is the fundamental principle of your Government
that the will of the majority shall govern; and
that this will, when expressed, shall oe executed,
even at the expense of all tbe minority who stand
op in opposition to the law, is as fundamental a
principle as any. And, if the Executive fail in
the execution of the law, he fails in his duly to
his country. He never will fall, I am sure, and
the execution of the law, I will leave to him. If
he wants the ways and means give it to him ; but
be it your province to make tne law and his to
execute it. And if rebellion actually existed, It
would not be for you to look to it. It ought to
have no effect on your deliberations any turtbei
than you are coucerned in granting ways end
means for the energetic execution oitbe laws. I
speak with deference on this subject, sir, when I
recommend any specific course to be adopted in
preference to any other mode; but it appears to
roe to adhere to the course heretofore marked out
by yourselves — to go on in the course of right
and justice and policy, without turning to the
right or left 10 inquire who approves or disap-
proves. It is not possible that you can consent
to exchange your course for tbe purpose of avoid-
ing the clamoi of a party. It would be the
height of extravagance and folly in us to proceed
in such a manner as lo forfeit the esteem of a
large portion of the people to oblige a minority.
If nine-tenths of tbe people are ready to enforce
a measure, you will not aoandon it because one-
tenth threaten to rebel against it. And what bet-
ter pledge could yon give of your determination
to raise (he embargo on the first of June than the
act for an extra session, accompanied with the
declarations which were made on its passage?
These are the reasons — and, sir, I am sorry to
make such desultory observations on so important
~ subject — why I would determine to continue in
le old course till June, to make preparations for
'ar in the meantime, and in June to declare that
war under all the circumstances of the limes.

Mr. BuRWELL said, as be intended to vole to
fill the blank in the resolution with the first of
June, he thought it proper to make some remarks
on the policy which would govern his vote, and
the effects which he conceived it would pronuoe.
With respect to the embargo laws, said Mr. B., I
always hare understood tut Ibey were to cewe

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1279

mSTOET OF CONGRESS.

1280

Preparation for War.

Fbbbd&bt, 1809.

in the Spring or eaily ia the Summer. From
that fact nariQK beeti uoderilood, the obserTaiioo
' friend Frora Georgia, that we are com-

of my

pelW, by the slate of thiogi in the Easlera couQ-
try, to lake off the embargo, does Dot appl^. The
course DOW proposed would be pursued if those
circumBtances had not produced anxiety. I per-
fectly agree with the gentleman from Georgia
that it would be improper for Ibis House to give
up a wise and just measure, because an opposi-
tioQ to it exists in any particular portion at the
country. But, sir, the embargo will certainly
produce no effect as a coercire measure as soon
Bs it is naderstood that the opposition to it has
became so serious as to endanger the public tran-
quillity. Where we enter into a contest with ihe
OoTeromenis of Europe^ which eonsisis in pa-
tience and forbearance, il is not to be expected,
vhen they find that a change of things is proba-
ble, that they will not persevere. They will hold
out when they conceiTe that the meaaures of the
OoTernmenl will be changed. Nothing is, to my
iniad, more clear than that this will be the effect
produced on foreign Qovernments, and that its co-
ercive effect can only be calculated on white we
hare union in its support. It is a fact, owing to
certain things, which nave taken place in a part
of tbe United Stales, that its beneficial effects
have, in a great measure, been destroyed by eva-
sions which have heretofore taken place, and
which will again take place^ where the people ate
disposed to connive at vioIaCioas of the law. The
effect of the measure must be destroyed, unless
tbe Ooveromeat take measures to enforce it. If
(he House give a pledge that it shall expire at a
certain time, I feel satisfied that erery man will
■it down quietly and encourage the execution of
(be law. As to violaiious of the law, produced
from actual suffering or pressure, I cannot bring
my mind to a belief of it. I believe that the un-
easineas in the Basiern country proceeds entirely
from an idea that the embargo originated in an
JoieotioD to destroy commerce, and to favor one
foreign nation iu preference to another ; and that,
if they had not their feelings excited by this per*
version of fact, they would hear the measure as
well as other citizens. This bat produced this
restlessness ; and when a course is pursued which
will do awav the anxiety on this subject, I be-
lieve they will bear the measure with patieuce.
As I am decidedly of opinion that, when the em-
bargo ceases, if the causes which produced it do
not cease, this nation must go to war, not in de-
fence of petty commercial tights, but of rights
which involve the sovereignty of the nation, I
■m disposed to put off the period at which it
ahalt contmeoce, that we may have another op-
portunity to appeal to the interests (not to the
justice) of the Delligerents, which, inmyopinion,
will produce a beneficial efiecL What will be
the effect of passing the latter part of the resolu-
tion offered by my colleague 1 Why, that if the
orders and decrees he not withdrawn before a
certain day, letters of marque and reprisal will be
issued against both bellia;ereuts, or against tbe
one which perseveres. How will this affect our

disputei abroad? If France recedes from her
decrees, and Great Britain rescinds her orders, of
course, we shall then be at peace with both.
Suppose France were to refuse, and Great Britain
were to think proper to withdraw her Orders ia
Council, what would then be tbe state of tbJDKs 1
You stand involved in a war with Fiance, cie-

:u a pledge. Mr. Canning.
23d of September, seems U

from his Government, but as an expression of his
opinion, that it would be agreed to by his Gov-
ernment. I repeat, then, that if this House will
take the ground proposed, the assurance iasironfc
that they will withdraw their Orders in Council;
they certainly will, if they choose to see tbe Uni-
ted States involved in the prosecution of the war
against France. I submit it to gentlemen whe-
ther it be not of sufficient importance that we
should bear this embargo till the first of June, to
leave to the Governmeat power to make that
sort uf ofier, and present that result to the Euro-
pean belligereats. Our Administration has here-
tofore had no power to make such a pledge ; but
if tbe measures of Congress would authorize the
Presidentto make such an offer of alternatives, I
thiDk il would produce an adjustment.

But it is objected to as pledging the next Con-
gress, as passiog a law now to Eovern them when
they meet. If anything; should happen between
now and the next meeting of Congress, would it
not be perfectly competent to them to repeal the
law in whole or in parti Nothing can be more
clear or evident than that you will notembarrasa
the succeeding Congress or mark out for them A
course which they will he compelled to pursue.
I should be the last man in tbisHousewho would
intimate anything like a new proposition to
either of the , belligerents, were it not foi the
last letter of Mr. Canning, in which he expresses
a hope to Mr. Pinkney, thai they shall still be able
to settle the differences between the two nations
on amicable terms. When they expresija desire
of that kind, I should always be leady to meet
them. Whether the desire M sincere or not, it is
not for me to say ; but I am disposed to accom-
modate them with au opportunity of proving their
sincerity. It would unite ns ; and this slate of
things, in my opinion, aided by the events taking
place ID Europe, will induce them to aceommo*
date with us. Everybody knows how the hope*
of the British Government and people were elat-
ed by tbe events taking place in Spain. In pro-
portion as theit hopes n'om that quarter diminish,
they will feel more disposed to enjoy that com-
merce which they have lost bv their own impru-
dence and itliherality. Il is objected that, by this
course, you will apprize the belligerents of tbe
time when you will commence hostilities, and,
by that means, will enable them to benefit of your
intended measures of hostility. But, sir, it is
well known that it was expressly understood ihat
Congress is lo meet here in Mb; ; and that when-

.yGooglc

1281

HISTORY OF CONGRESS.

1282

Febrcirt, 1809,

Preparation for War.

ever the measure of embargo is removed, some
itand will be inhen to avenge the iajuries of this
eounlry. I will nsk, if ihe act for an extra ses-
sion is not evidence sufficiently strong of this de-
lerminaiioD? But, bow could you surprise them,
sir 1 They have no properly in this country, for
ihey have already withdrawn it. Thi'
chantraeQ are generally armed, and ~~
operations when you may, you will find no mate-
rial change in Ihe preparaiiona of the belliger-

'f he proposition of the gentleman from Massa-
chusetts for arming our merchant vessels, and
permiiting them to wage a defensive warfare,
appears to me to be (he most unfortunate of all
courses, if you mean seriously^ to defend your
maritirae rights. If you permit your merchant.
vessels to arm, they will all go out incapable of
resistance; and even if they are bound to some
neutral port, if any occDTtence shall lake place
which snail compel you to involve yourself in
war, the whole of your property abroad is with la
the teach of Ihe Bririsb navy, and she might
take a step [o secure the whole floating property
of Ihe United Stales. That war will be the con-
sequence, 1 cannot doubt, and you will com-
inence ii uader every disadvantage. After yoar
property is taken, you will Sght in vain for ils
recovery. 1 think thai we should either defend
ibese ngbts, orgive tbem up. If we maintain
them, let us rely tipon our own resources, and
Upon our own exertions. This will completelv
defeat one motive for laying the embargo, whicn
has so far secured our property and rendered us
iavuloerable lo the aitachs of (he enemy.

A gentleman from New York, (Mr. GianE-
HiGR,) who spoke on the subject yesteTday, ob-
served that you were about to take a course to
deceive the people; that you were about but lo
continue the embargo under a different name.
Now I am much mistaken, sir, if that be a fair
inference from the slate of things which would
exist even in case of a war with Oreat Britain.
Is it no[ known by every gentleman that we had
a commerce even during the ReTolutionary war?
To be sure it was not as extensive or as lucrative
as in a state of peace. But can any gentleman
believe now, when our enterprise is at least as
great and our opportunity greater, that our mer-
chants could not carry on commerce better than
they could then 1 Certainly. No(bwi(hstanding
«1I the exertions of Great Britain in guarding
your coast you may carry on commerce. But
what does that areument amount to 1 Does the
gentleman from New York wish, because a par-
ticular portion of the country could carry on a
lucraiive commerce, notwithMaodtng the Orders
in Council, by selling their product in the Brit-
ish markets, that the whole interest of every other
■eclion of the Union should be given up 1 Are
the great interests of the country to be complete-
ly given up, because one class of people would
receive relief from it 7 Of what consequence is
it to us lo cultivate the soil, if we are restricted
to a particular market, which, it has been shown,
does not consume one-seventh of our product? |
10th Cov. 2i Sem.— 41

Is this the policy which gentlemen think we
ought to pursue? As for legislating for a partic-
ular section of the Union, the doctrine is bo novel,
so inconsistent with the very object of Govern-
ment, that I am astonished that any geotleman
on this floor should advance opinions of this
son. If we are to yield to these Orders in Coutt-
cil. to permit the external commerce of the Uni-
ted Stales 10 be taxed by Great Britain, let us go
the whole length. Il is not to be expected that
those regulations which now exist to favor the
carrying trade of a particular class of ihe people
can be persevered in, if we are obliged by them
to submit to taxation. If we are forced to sub-
mit, at least let us have our produce carried to
market as cheap as we can, and not in addition
to foreign taxes pay a tax at home, by way of
bounty to the abtppJDg of the Eastern Stales.

It has been asked by some geutlpmen, what
are you going to war for? A geolleman from
Connecticut asks if you are going to war for ihe
principle ifial free ships make free goods? Is
thai a candid question, sir ? The United States
have given up that principle as far back as Jay's
Treaiy. It was abandoned in the corres poo denes
of the Secretary of Slate with Genet in 1794.
How then can the gentleman justify it to him-
self iu holding out to the naiiou ibat we are
foing to war for a principle formally abdicated ?
put it lo the gentleman, whether the cause of
quarrel between us should be made to rest on a
principle not at all in coolest ? Another genile-
man from Connecticut says he will go as far as
any geolleman in defending the honor of hia
counlry. I have no doubt of it, sir; for the gen-
tleman by an honorable service in the Revolu-
tionary w»t ha* already proved it. No doubl, if
the gentleman from Connecticut could, like my-
self, believe that the independence of the nation
is prostrated if we submit to these edicts, he would
be as little disposed to submit to ihem as I am.
Bui, sir, when he placed the question on com-
mercial ground altogether, and lef^ il to ihe cal-
culation of the merchant whether he would pay
laies or not, 1 am not surprised that we differ.
It is no oew thing to diner about the seat of
honor. But I cannot bring myself to believe ihat
the affairs of this nation are totally absorbed in
interest of ihe merchant. It is immaterial
he merchant what is his situation. The risk
Iways added to the value of the merchandise
be sale, and subtracled in the purchase ; it is
always so managed as to give the merchants

Bro6l in the end. If the whole commerce of the
'nited States was restricted to a traffic between
Philadelphia and New Orleans or Mobile, the

ihanl would find his prolSt in carrying on

commerce. But that is not a reason why
the agriculioral part of the community should
be rendered subservient to the commercial, or
that we should be saddled with a system which
will be ruinous to agriculture forever, because
ibania cannot now make money. I conceive
the interest of agriculture to be materially con-
nected with that of commerce— 1 mean free, un-
leslrioled commerce ; but I do not conceive that

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PTeparatitm for War.

Fbbbdart, 1809.

Another qaesiioD hie beta aaked by the other
•ideof the House, which deserves some answer.
Il it isked, what we sbould gain by a war wiih
Great Britiio. I do not expect, ilr, that we
■bould destroy the British Davy, or invade the
ialand or Great Britaio. Bui we shall be very
foTiuaate if by war we save oar honor, oursland-
ing as a free nation. Let us not submit,, and ioie
everylhioR in a jwcuaiary point of view, and
our bonor besides; for that mast be (he ooDse'
quence of submiation. We shall be in a worse
tiluatioa than Francis, after the battle of Pavia,
•TeryihioG will be lost. Bui geDtlemen say, why
go to war, when you have no way of operating
on the bellJeerents 1 Because we wilt not sub-
mit to an atandonmeut of our righti. I do con-
tend that we have the means. The geatleman
fiom Connecticut (Mr. Pitkin) used a slrone
argument (he other day to prove it. He said
that your embargo, so far as it operated on the
British West Indies, was a nullity, because Can-
ada and Nova Scotia furnish them with every-
thing ihey want ; that the British northern prov-
inces were the means of feeding the West India
islands, notwithstanding youi regulations. Now,
if by gelling possession of Canada, you could in
that way affect other possessions and iniere&ls of
Great Britain, il is importaoi to have paisessiou
of il. The genileman from Couuecticut i^re
Biroog reasons why we aught to dispossess Great
Britain of Canada, proving how we could in that
way operate on her interests. Il is well known,
too, that the possession of that Government gives
ber an opportunity to operate against you, to ex-
cite not only the Indians out of our limits to
direct warfare if oeceisary, but by merchandise
■ad intrigue, to excite them within our own
couairy. And though I would ooi risk the peace
ef the country to freo us from evil! of that kind,
yet if we were forced into war. by more irresist-
ible causes, I should certainly consider this col-
lateral advantage gained by it important. Have
ve not already seen the M^ce and internal tran-
quillity of the country disturbed by their influ-
ence amongst the Indians 1 CerUinly we bare,
and I wish lo see an end to it.

There is another reason, sir, why the United
States should view with extreme uneasiness the
proximity of that country in possession
eign Power. It given them means of interfering
in our political concerns; and, as has been said
ia anoihet part of this building, they have exerted
thoae means in our country. To them is owing
the unforiunaie belief in a part of this country,
(hat the majority of this House is actuated by
improper motives. The expulsion of the British
from Canada has always been deemed an object
of first importance to ihe peace of the Uniled
States, and their security against the ioroadn of
an enemy i however for party purposes its in
portance may be now depreciated. [See Joui
nalsof old Gougress, June 1775, and Washinc
ton's iastrtictipDa to AiaQii,—MarthaWt JUife

of Waahmgton, page 315.] And, sir, whilst oa
tnis subjeI^t. I will observe, that when I hear eea-
tlemen on the other side of the House complain
of their motives being assailed, I am tempted to
ask them why ibey are not more tender of our
motives 1 Can they point out any individuals ia
the majority who ate not as firmly bound to their
country's good by the ties of kindred, property,
and everything dear to man, at they aref I
presume not; and whilst they exclaim agaiDst
irritation, why do they not observe the course
which they recommend lo us, toward their polit-
iesl opponents, men who have a* sirong claima
to courage or to patriotism as ihemselres 1 What
have we been told by genilemen on the opposi-
tion side of the House, who have charged you ao
repeatedly with a desire to involve the neiion in
a war with Great Britain t Why, sir, thai yon
could not be driven into a war. Was it to have
expected, that after sU the irrifaiion and all

sensibility produced in certain sections of
the Union by a charge that you were endea-
voring to plunge the people into war with
Great Britain, that a declaration of this kind

Id be made? I confess I was not prepared

t. It the House disposed to verify the pre-
diction of the gentleman from Massachusetts,

we '- cennoi be kicked into a war with Great
_ iin," or with any other nation 1 This is as-
signing the nation a low station in the ranks of
honor ; they are put out of ihera altogether. For
I do from my soul believe thai the coarse pro-
posed in the resolutioa, if adopted, will termi*
naie in a setilemeni of ourdifferenceswiih Great
Britain; and in the jiresent course of tbe world,
when we have received from France so little
justice and liberality, we ate only restrained from
renewing intercourse with Great Britain, because
a renewal, under present circumstances, would
not comport with our honor, certainly not with

If she

}uld enable i

our intercourse with her on terms which would
not disgrace an independent nation, I would cer-
tainly renew intercourse with her; but I cannot
do it with a nation which afiecu to treat ns as
one of her acknowledged colonies. The gentle-
man from Connecticut, (Mr. Pitkin,) who spoke
of this subject a few days ago, furnished, 1 think,
one of the strongest reasons why we should not
for a moment admit the plea of retaliation to
justification of the British orders. He told you,
sunposiug the Bmperor of China were to iuue
a decree declaring tbe British islands in a slate
of blockade, it would be a mere nullity. The
argument is i;orrect. And I ask in return, whe-
ther a menace to perfectly empty, so merely brw
lumjid-men. (to use an ezmesuoD of a gentleman
from Marylaud, Mr. Key,) would justify so ruin-
ous a retaliation as that adopted by Great Brit-
ain ? It has been said that tbe French decree of
Berlin was not of more effect ihaa a similar de-
cree of the Bmperor of China would be. If this
he the fact, and 1 do not contest it, how is it pos-
sible that the British Government could justify
the right for that reason to take a meaKore so
ruinous to thu couotrj 7 The gentleman went

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HISTORY OP CONGRESS.

1286

Fbbbdabt, 1809.

PrtparatioH for War.

H. orR.

on to quote the opiaioD of tbe Secretary of State
and others, to prove that his position in reU'
to the harmleasDeai of the French decree is
reel. I admit it, sir ; and it furnishes the strong-
est possible reaion why the claim of Qreat Brit-
Bin should not be acquiesced in, and proves to
my mind that the pretence of the Decemity of
relaliating was an iasiDcare and artful profcs-
«ion intended lo gull, ns, and disguise her own
injustice.

The gentleman from Connceiient (Mr. Pit-
kin) fcave Qs a most glowing description of tbe
power of France ; told us that all tbe world was
prostrate at her ftet, and Spain was about t6 be
overrun by her arms. Sir, if 1 am not much
mistaken in the view which I have taken on the
subject, Prance is weaker now than she was be-
fore the Spanish revolution ; nor, if she succeeds
in ibe conquest of Spain, do I believe that she
wil! be iDOre powerful, because she formerly not
only actually commanded that Government, but
the Spanish colonies. The French have not re-
ceived from the Spanish colonies in South Amer-
ica less than from twenty to thirty millions of
dollars annually. As for Poriunl, she was un-
der the necessity of purchasing ner neutrality at
the price of six millions of dollars annually.
France has lost Dot onl^ that, but tbe Portu-
guese colonies also; and if we judge of the im-
portance of these colonies by the measofes pur-
sued in England to get their commerce, we should
be induced tosopposeihatthe resources of France
are seriously impaired by losing them. But
granliag all the gentleman's premises, what does
nis argument amount to? Is there any man who
doubts the disposition of France to use all tbe
influence in her power over us? Is there any
donbl that if we were near France we should be
attempted to be reduced under her doninionl
There can be no tjoubt of it. We have seen
such a system pursued to her neighbors, that no
man can doubt it. Is not tbe happiness of
this people sufficient to tempt this conqueror
in the. fulness of hii power to blot from tbe
history of the world an example which must
■et in the most odions colors the present situa-
tion and past history of France 7 There can be
no doobt that every European Government must
feel a boiitiliiy to this Oovemment. It is astand-
ing reproach to their policy, and a dangerous ex-
ample to tbeir people; though 1 fear, sir, that
scarcely one-tenth of the popalation of the ex-
tensive continent of Europe know that snch a
continent as this exists. Yet the existence of
this Government operates to produce jealonsy
and alarm in those Governmenis. Admit, I^re-
peat, that Prance is so powerful, are we in any
danger from France? 1 believe not. How could
she operate on you ? What has become of her
West India iflandi? Has she been able to pre-
serve even those from the hands of ber enemy?
She has not secured them, and can it be believed
that she could transport a force here? I beg
^ntlemen to put this question to themselves: is
11 possible to believe that if there was any effort
made in France to attack tu, we should not with

one heart and band unite against her? Ifther*
be a gentleman who feels a doubt, his reasOK
must be under the dominion of a suspicion I do
not envy, and which I should be sorry to feel for
an^ portion of the people of my country. If
this, country should be engaged in a contest with
France at this time, what would be the const-
quence of our relative situation? Every one
knows that our population is increaBing so rap-
idly as will soon give us a force sufficient to re-
sist any effitrt, even tbe combined efforts of all
Enrope.

Here the gentleman's argument comex properly
into view. He considers the safety of the United
States as depending on the British navy, which
presents a barrier to the transportation of French
troops. Admit for a moment that our security
against invasion does, in some degree, depend on
the British navy. Dae.s that operate as a reason
why we should not resist that nation wtien at-
tacked in a vital manner? Certainly not. Have
we any object in view in resisting British agres-
sion which will weaken tbe naval force of Great
Britain? I believe not. The
pie which we ask of her that c:
perity or interests, unless it be to make her re-
gorge the revenue she has collected from our
commerce. And are gentlemen willing lo con-
tribute to the suoport of the British navy, by <ub-
miiting to Uscal regulations of this sort? Cer-
tainly not. Admitting, theiij that the British
navy is the barrier between ns and France, out
wishes do not go to impair the strength of her
navy. They will add an additional strength to it
by giving her markets of iaBnite importance, ana
give ber supplies, which will increase raihei
than depreciate her system of defence. But let
us admit, for a moment, that the efffct of oat
opposition [o the extortion of Great Britaio would
be to destroy or weaken her navy. Is it possible
that gentlemen could, to avoid a eonlingent evil
from a foreign nation which injures us, consent
to sacriSce the independence ot our nation, and
submit to present, for fear of future dominallon?
No, »ir. You would have nothing worth keep-
ing if you lost your independence. Then let us
maintain it as long as we have the means. But
why should gentlemen-urge that argument upon
you — an argument intended to prevent anything
like resistince to Great Britain at the verr mo-
ment when they tell you that a war wild tier
would be ruinous to you? Tliey laugh at the
idea of affecting Great Britain, and si^y she will
crush you in a moment; and yet you are called
upon not to resist her, lest, by so doing, you over-
turn or jeopardize her hi pleasure, ana destroy
the barrier between you and France. I ask 'gen-
tlemen if these arguments do not destroy each
other? I really have listened lo arguments of
this sort witi^ astonishment; that gentlemen, in
one breath, should say that you can do uoihing to
injure Great Bri lain, and, in the next breath, cau-
tion you against proceeding in your operations
against her, lest you should create a degree of
pressure which shall destroy that invincible Power
whom you cannot touch, fiut it has appeared to

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1287

mSTORT OP CONGRESS.

B. orR.

Frtparation fir War.

FSBRUABT, 1809.

me that this rery BT^um«Dt whicb has had ■
freat deal of weight m the natioa; which has
cooled many who would be disposed under other
views of the subject, to defend the T>f,hta of the
nation, in utterly out of the question. The gea-
tlemlD says, that commereinl Teitriclioa ii use-
leu; tbat if you prevent foreign nations from
coming (o voar cuitom-bouae, ihey will smuggle.
Sir, the only means by which Orest Briiaia can
be Titally aiiackeU or deiiroyed, is by this sort of
teguUlioD, wbich (he gentleman laya is Dothiug.
Tfie made in which the commerce of Great Brit-
sin is attacked on the continent of Europe, is by
excluding her commerce from the ports of ihit
country. If Eo — and the gentlemin says it is
IwrmlMs— how is the eiisleoce of Great Britain
endangered by (hisrormidablecombinatioaon the
CoDiinent 1 And yet, sir, I understood that to be
the drift of the gentleman's whole argument. As
for the eommercial resources, capital, and money,
wbich that aatioQ has to sustain itself against any
other nation, nothing is more clear to me than
that she possesses them now as much as ever she
did. I consider ber more safe, infinitely more
•afe, than she ever has been; that she is in no
sort of danger. That argument may be retorted
on me, and I may be asked why wonld I conieod
with a nation which I admit to be so strong. I
aball certainly adroit that we could not destroy
tbe British nary, or coerce her to any terms that
would be degrading to herself; nor would I ever
wish it. While I feet for the honor of my own
QoTcrtiment, I should aerer wish that any Gor-
ernment should commit its rights to any demand
at the United States.

The gentleman from Connecticnt, (Mr. Dana,)
yesterday seemed to be much at a loss to con-
ceire how the United States could enter into the
triple war. The gentleman placed the subject in
m laughable point of view, and 1 was certainly
•mused by his wit, though not convinced by bis
arguments. But, sir, if we were lo commeneu
bMiilities against both these nations, would any
man helieTe that the war against both would con-
tinue for any length of time? Certainly not;
there can be no doubt thai one of them would
meet you on such terms as to enable you to carry
on the combat against the other till your rights

--■— wleJged. The genileiDan ought to

,-j _.L-„ j,^ combatted this idea of

e recollected, i

tf the House. What has been the comphiint on
that aide of ibe House? Whv that we did not
maintain our neutrality by mating out commer-
cial measures operate with strict impartiality
against both of the belligerents. Hour measures
operate equally on both, it will have proved that
we wi're not more hostile to one than to the other,
and thus one strong scarce of objeeiioa to our
measures will be removed.

I do call upon genilemen on the other side of
the House most seriously to connider this propo-
sition, and lo view it in the aspect in which I
h*Te presented it. If I know myself I am sin-
cerely anxious lo preserve peace with both these
belligerents. I do believe that the result whicb I

have mentioned wovld follow the course proposed
to the House ; ibat if France would recede from
her decrees your peace would be settled with
both t tbat England would then revoke her orders
of course, as tne only ground on which she hat
ever placed them would be removed. If France
refuses, it will enable the British Government to
accommodate with you, to make you her friend,
and throw you in t^e scale against her enemy.
If gentlemen view the subject as I do, ifaey will
conceive that there is but one course proper to be
pursued ; to persevere in the embargo till this in-
telligence of our determination can have reached
Europe, and bd answer be received. For, if yon
lake off the embargo to-morrow, whether the
Honse determine to defend its rights by defensive
war, or enforce them bv offensive war, the effect
which 1 propose will be destroyed; because, if
you take off (he embargo, I shall be egregiously
miftnken if we are not involved in war in MX
weeks or two monlhi, atid a war too in which
you will lose all your properly on the seas at one
sweep. I think, therefore, that gentlemen seri-
ously disposed to cultivate peace with those na-
tions will enforce the embargo ; for. if it be not
enforced, I loo shall be for taking it off. The
state of things in Europe now is particularly fa-
vorable to tills appeal; and I am convinced that
such is the reiipect which gentlemen owe to the

Eeople wham they represent, some course must
e taken to support our rights, and not by submis-
sion endanger (he peace and independence of this
country forever. I have expressed my views, sir,
of the subject. The House will decide for (bent-
selves, and lake the course which tbev think best.
If (hey determine to (ake off (he embargo on (he
I5(h February, or any other day before the first
of June, however I may lament it, I will co-ope-
rate in iHkiog other measures.

Mr. Van Dtke.— I am in faror of (hat pan of
the resolution now under consideration, wbicb
relates to the repeal of the embargo. It is proba-
bly known to most gentlemen in tbe House that
I was not originally au advorate for the system
of retiring from the ocean. It so happened that
1 was DOI present when the vote on the first em-
bargo law wag taken, and of course the Journale
do not record my disapprobation of tbe meaiare;
but I do not hesitate to declare that soch a laur,
without any limitation as to its duration, would
never have been sanctioned by my voice. How-
ever, after Congress, in their wisdom, bad adopted
it, my sincere wish was that it should receive a
fair and satisfactory experiment, and I was will-
ing to give my support to the full and honeat ex-
ecution of the meaiure. in the hope that some
good might result from iL To me and to my
constituents it would have been grateful if our
wrongs could have been redressed, and our rig-bia
secured by a plan of operation so pacific. To the
proposition, therefore, submitted at tbe last ses-
sion for amending the original law, on (he ground
(hat such amendment was necessary to insure a
fair trial of the experimeoi, I did noi oppose my

During (he present leation, tbere hai been in-

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HISTORY OP CONGRESS.

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Preparatujn Jor War.

H. orR.

troduced into ihis House from Ihe Senate, aad
passed, b bill, for eDforciag the embargo, many
proTisioDs ofwhicb, in mj opinion, far exceeded
ihelimiuorouiConstitutioual powers, and igaiast
whieb I was obliged by a sense ol duly to raise
my feeble voicp. Tbat bill, bowever, was ap-
proved by a majority, aod is now in operation,
aad under ibese circumstances it is submitted lo
the wisdom of Congress to decide whether the
system shall be continued, or repealed on the first
day ol June next, or at an earlier period. From
the best cDtisideraiion which I have been able lo
give Ihe subJECt, 1 am saltsGed that a postpone-
ment ofita repeal uotii the first day of June next
will be opposed to ihe best interests of the ttation.
lam not g;oing upon the principle that any part
of [he Unjoa is in a slate of rebellion, as some
gentlemen have intimated, nor upon ibe ground
tbat it wilJ be necessBry to send an armed force
to shed tbtt blood uf our brethren, in order to ex-
ecute the law, (as some seem lo apprehend,) but
upon ibe broad piiaclple tbat ihe embargo sys'
lem has e-ffeeted all the good that its warmest
friends can ever rationally expect to reap from it.
That its pressure upon the people of the Uniled
Slaies is unequal and partial; that the hope of
coercing the belligerents by it is vainj and that
its further coniinuance will operate wholly to
the injnry and oppression of our own citizens.
Sir, ifwe credit intelligence stated by gentlemen
on this door to be rec^ired, as well from the
Southern as from the Northern and Eastern sec-
tions of the Union, we cannot doubt that the
measure has already become so extremely un-
popular, that the law is eluded and violated In
such a manner, thai our produce is daily exported,
and the nation whom you expected to coerce and
bring to your feet by the embargo is, in despite
of all your vigilance and all your penalties, reap-
ing at this moment a rich harvest from your com-
merce, by the agency of many of your own citi-
tens- In truth, sir, if we tooE at home, we see
the honest, the conscientious man, who obeys the
law, snffering a very heavy loss, while the man
who disregards aod violaies it, cannot fail lo be
rewarded with a rapid increase of wealth. If
we extend our view across the Altanlic, we find
the Bmperorof France applauds OUT magnanimity
in abandoning Ihe ocean, and Qreat Britain laughs
at the imbecility of the measure. My judgment
therefore! tells me that it is time to remove such
a system; and 1 should cheerfully concur in a
proposition for its immediate repeal; but as that
course does not meet the sentiment of the ma-
jority, I am compelled to choose between the first
day of June and fourth of March. The same
reasons which weigh in favor of an immediate
repeal, will induce me to sive my vole for the
earliest day that is proposed.

I must now claim the indulgence of the com-
mittee while I examine the second branch of the
resolulion, proposing to Issoe letters of marqne
and reprisal against Britain and France on the
first day of June next uniew ihe^ revoke their
orders aod decrees. This proposition involves
a qaestioa aiill more deeply interesting to the

nation than that which I have jast noticed; a
question of no less magnitude than tbat of peace
or war. No honorable gentleman will deny that
issuing letters of marque and reprisal is an un^
qoivocal act of hostility, leading directly to war,
and usually its immediate precursor. This ia
extremely different from authorizing our mer-
chants to arm their vessels and defend ihemselrea
when engaged in lawful commerce, against the
unjust Bltaclis or illegal restraints of the belligei^
ents, for it is the employment of a hostile force,
with express authority from the Government to
capiare aod make prize of any property of those
nations that may happen to come within the

Eower of the person bearing such a commission.
t is in effect tantamount to a declaration of war,
and will never be adopled by prudent slaleamen,
unless they are prepared to meet the last appeal,
for you have no reason to calculate upon the for-
bearance of your opponents, a moment after tb^
are apprized of vour taking such a course. If
actual war is resolved on, I snould deem it much
more polilic to begin seriously that active, effi-
cient preparation which ought to precede it, and
when we are ready for the contest, lell the nation
and the world, tbat war exists, and thus let every
man in the country know what be has to depend

What is oar present condition? Without an
army; without ships; with a scanty supply of
ordnance and military stores ; oar cities and
towns, on the leaboaTa, naked and unprotected,
and the National Treasury all but empty. Will
it be wise, will it be prudent in ibis situation, oD
the first day of February, to give formal notice to
your adversaries, the two greatest Powers upon
earth, that you mean to go to war with them on the
first day of June next? Sir, we ought to calcu-
late well the effect of such a proceeding; for in
my view it is placing the nation in the worst pos-
sible situation. This Congress will be dissolved
on the fourth of March ; yon can lake no further
warlike measure from that day, until the next
Congress shall assemble late in May, and in the
mean lime yonr enemy, apprized of your inten-
tion, is invited by the certain prospect of gain-
ing an advantage, to make the first streke. The
course is equally novel and extraordinary. Yon
are bound; but your adversary is free to act
whenever his inchnaiion or inieresi may dictate.
You will place everylhiugat hazard without the

Gssibility of reaping any benefit, for I cannot
lieve that such a threat will aid negotiation, by
alarming the belligerents, or that they will be in-
clined to lend a more favorable ear to onr just
remonsiances, under ihein&uenceof auch a mea-
sure. Sir, the question is not whether we have
just cauKE of war against those nations; for ererr
American will agree that the conduct nf botn
bas long furnished ample cause for an appeal
to arms; but the irue question is, whether, hav-
ing BO long forborne, it will be most adviMole at
this moment to declare our intention to wage war
at a future day? In my opinion we shall act
more like wise politicians, by not making such
declaration at present, and by leaving our mn-

.y Google

1291

BISTORT 05" CONGRESS.

H.orR.

Preparation far War.

FiBKDABT, 1809.

eCMOre It liberir to act in Ma; next, as their
wisdom and iudgineDt *hall direct, rrom a full
TJew of onr nreign reUlioDs, as tfaey loay tlieo i
esiit. I

When the subject of w»r is presented for deli- \
beralion, il caDnol be improper to inquire n little
more pRitJeularljr into Ine slate of our foreign
relatioDi than has yet been done, io the discus-
*ion which has taken place. We hare become
BO habituated to rail against the French Decrees
and British Orders, Tiolating our lawful com-
merce and neutral rights, that we aeem in a great
measure Io have lost signl of our situation with
retpect to (he belligerents, prior to the adoption
of those unjust measures, under the immediate

Eressuie of which we are now suffer iog. The
ittory of those decrees and orders is concise and
easily understood. With France we were at
peace, and our commercial' lishts were guaran-
tied by a solemn treaty, in full force, when His
Imperial and Royal Majesty, trampling under
foot (he law of nations, and setting at aeSance
the national compact, undertook by his famous
Berlin Decree of 2Ut November, 1B06, " to de-
clare the British islands io a state of blockade,"
"to prohibit all commerce and correspondence
' with them," and " to make all mercbandtie be-
' longing to England or coming from lis manu-
' factor jea and colonics lawful prize." Thus at-
tacked, Briiaia claims the rigbt of retaliation
Bgaiost her enemy, and hy her Orders in Coancil
undertakes to counleracl bis decrees; and thus,
although each declares that the blow is aimed
only at the enemy, our rights as a neutral nation
are riolated and our commerce is destroyed ; and
we ate brought into a slate of collision with
both belligerents. In this situation it seems nat-
ural to review the diplomatic scenes which were
acting between the British OoTemmenl and the
Administiatiou of this country, prior to the date of
the Berlin Decree, and impartially to coosidsr
whether we have not omitted to take advantage
of the most favorable moment for adjusting many
important subjects of negotiation, or committed
aome errors which now tend to increase onr diffi-
culties and cmbarrastraenis with that Gkivern-
ment.and-wbether there was no honorable course
by which we might have avoided the present
eolliiion. Such a review, when taken with can-
dor, may be useful, and cannot, I trust, prodace
any evil consequence in our foreign relalioDs.

With a sincere desire of ascertaining truth on
this point, I hare bestowed some attention upon
the documents which the President was pleased
Io lay before us during the last session, and which
we are to presume cDDiain, a correct and authen-
tic history of those transactions. I bsve not ex-
amined them with a jaundiced eye, nor shall I
attempt in any point to magnify or extenuate the
Acta that have presented themselves (o my mind,
aa worthy of the attention of the Committee, in
connexion with the subject of our foreign rela-
tions. The motives of the Executive make no
part of Ibis inquiry; it is the public act, and the
eonsequeneei flowing from such act, to which as
slateamen we ahonld direct onr eyes.

As infallibility is not an allribnte of oor natora,
I shall certainly not surpass the limits of my rep-
resentative duty, when I state that it is not only
possible, but very probable, that oor Admioisira-
tion may beve committed some errors, and if we
look carefully into thoae documents, perhaps ve
may discover thai a part of our emhairassments
are the conseqaenee of such errors. In adverting
to the facta to which I refer, I shall, to avoid anf
mistake of language or aentiment, read a few
extracts from the documents themselves.

It will be recollected by ihe Gommiliee that
the Treaty of 1794, with Great Britain, so far as
it relates to commerce, expired on the first day or
October, 1B03, by which the commercial inter-
course of the two countries was left to the regu-
lations which the patties separately might think
Si 10 establish. On the fifth of January succeed-
ing we find a letter addressed by the Secretary of
State to Mr. Monroe, our then Minister at Lon-
don, accompanied by the plan of a conventioa
between the United Stales and Great Britain.
On 5th March, 1804, we read the extract of a
letter in which the Secretary, after noticing ibe
expirationof the commercial pari of the Treaty of
1794, and making some observations on the sute
of commerce helween the two countries, pro-
ceeds in these words : " These observaiioos are
' made not with a riew to any negotiation what-
' ever, leading at the present moment to a treatf
' on those or any other commercial points," &c.;
as a reason for not pressing which the particular-
ly delicate situation of Great Britain at that crit-
ical moment is asbigned. From this letter, I on-
deritand the Executive forbade our Minister from
negotiating any treaty until further orders ; and
it IS not discoverable that any other communi-
cation was madi* upon the snbjeci until the siiih
of March, 1805; under which date we find the
extract of a letter flora tbe Secretary containing
iheae words: "The experience of every day
' shows more and more the obligation on bout
' sides to enter seriously on the means of guarding
' the harmony of the two countries," &x. By
this letter an injunction is laid on Mr. Monroe ta
enter seriously upon the subject of negotiation,
and we find Mr. Monroe did accordingly engage
seriously in that important trust. By adverting
to a letter from him of dale April 5(h, 1804, we
discover that, at the first iulerview between Lord
Hawkesbury and himself, his Lordship "wenlso
far as to express a wish tnat the principles of our
Treaty of 1794 might be adopted io Ihe proposed
convention, where they applied;" but Mr. Monroe
"gave him to understand he could not, according
to his instructions, accede to the idea." In peru-
sing the next document, Mr. Monroe's letter of
7ih August, in the same year, we are expresslr
informed that Lord Harrowby unequivocally of-
fered to renew the Treaty of 1794. What says
that letter?

" He asked how ftr it would be agreeaUa to onr
Goremment to stipulate that the Treat; of I7H shooM
remain in force nntil two yean shonld (apim after tha
conclusion of the present vrsr ! I told nis LordAip
that I but no potrer to agree to soch a propoasL"

.yGoogIc

1293

HISTORT OF CONGRESS.

1294

Fbbroiit, 1800.

Preparation for War.

As tbe negoiiaiion proceeded, and it was dis-
covered that obatacleB and diCBculties more leri-
oui than had been at first apprehecded scose, we
discover that ihe Brititb CommUsioDers, in AU'
gUEt, 1606, repeat tbe offer whicb had been pre-
viounljr made, for, io the letter of Maasra. Monroe
sad Pinkoey, dated SeplerDber 11, in tbai year,
they slate in these words;

" In the coane of this conlerMlce Lord ADckland
niDewed a proposal which he had glanced at in our
int interview, that the Treaty of 1794 ahooldbe uado
tbeliasis of thepreuntaegotiatioD."

Tbi» was rejected. I am, therefore, aathorized
to assume the fact that, during the Degotiation, ao
eiplieit offer was repeatedly made by the British
Ooverameai to renew the Treaty of 1794, and
ibat offer was as often rejectedby oar Executive;
and we may well piuse aod consider whether in
rejectiDK ibai, without be inj; sure of making ano-
ther at teasl a» good, a rery serious mistake bas
not been committed? What were the insur-
mountable objections to that treaty, whicb indu-
ced the Executive to put everything at slake be-
tween the two countries rather than continae it
during the war in Europe 1 It is true, the claim
of tbe Britiih Qovernment to take British tea-
men and deserters from oar merchant vessels is
not abandoned by thftt treaty ; but the renewal of
it did not prevent ns from pressing that sobject
by negotiation, for we shall see, in the fur-
ther examination of the documents, that tbe Brit-
ish Commissioners were willing to proceed with
tbe discussion of a plan which should have for
its object sBiisfactoty regatations effectually to
secure American seamen. Had onr experience
of the operation of that treaty alarmed us 1 Was
our country ruined, or ia danger of being ruined
by it 1 No, sir ; we reaped many and important
advaDtages from it; and our country flourished
beyond all example. Let experience, tbe only
true test of merit, answer. If we look back to
the years 1793->94, wc shall discover that our
coantry was then threatened with war; the
treaty was formed, and, notwithstanding all the
noise and clamor against it, which assailed tbe
Administration, the wisdom of the Senate and the
intelligence and finnness of Wabbinoton secur-
ed to the people, by its adoption, many years of
tinpHrslieled prosperity and happiness. Yes, sir
under the auspices of that treaty were laid, by ihi
Father of his Country, the foundations of the
Temple of Peace, which was erected by his pat-
riotic bands, and whose magnificent dome was
sapported by ihe sound pillars of national faith.
At Its entrance were seen the cheering emblems
of plenty; and within you beheld the Genius of
Liberty, in majest)^, dignity, and resistless power,
guarding the choicest gift of Heaven to a free
people, '* the Constitution," yet uoviolated by the
ruffian hand of military foice. In this fair tem-
ple the arts and sciences, commerce and Nffri-
culttire greeted each other, and worshipped in
barmony togetber. Thus stood the splendid edi-
fice, surrounded by a band of brothers, united by
mutual confidence and affection, the pride and
glory of America, exciting the admiraiioa and

brought to our shores the rich reward of industry
and enterprise. Agriculture flourished, giving a
happier aspect Io our country by its progress in im-~
provemenL Then, indeed, Ihe husbandman hail-
ed with joy bis golden harvest ; for each succeed-
ing harvest insured to him a golden reward for
his labor. Individual wealth increased, and the '
national treasure was greatly augmented. Is the-

Eiciare, which I have drawn, too highly colored?
believe notj consult lbs history of ihose lime^
and yon will be convinced that all those advan-
tages were enjoyed by this happy country under
that treaty, and it is not less evident that those
biessinss hare been gradually disappearing evet
since the day that it expired. Mark ibe contrast
which tbe history of this day presenLi, and judge
whether verv serious consequences have not fol-
lowed from the refusal to renew ibat treaty. What
is out present situation? You behold commerce
palsied, agriculture drooping, distress and ruin
stalking over Ihe land, and civil discord raising
her fiery head, more terrific than all the hosts of
Europe. The foundations of the Temple of
Peace are sapped, the bailding totters on tbe brink
of destruction, and, from the present prospect, I
shall think the nation fortunate, if we can save
Ihe Constitution from being buried under ita
ruins.

It is true that, in a certain ereoi, the refusal to
renew the Treaty of 17M would not have been
injurious to the nation ; thai is, if the Executive
had succeeded in making a more beneficial bar-
gain; bat in this, unfortunately, his hope and
expectation failed. I grant you, sir, that no pre-
ceding Administration ever enjoyed so promising
a season for favorable negotialion ; for, sir, we
had the opportunity of addressine the ear of the
patriotic Mr. Fox, united with a Ministry of sim-
ilar political sentiments, composing just such a
cabinet as we should have elected to treat with;
a Ministry who, Mr. Monroe and Mr. Pinkner
inform you in every letter, profess the most friend-
ly disposition, and are sincerely desirous to settle
all matters in difference between the two countries
upon fair aod just principles. The opportunity,
I repeat, was tlie most auspicious; the prospect
the most flattering that we ever enjoyed for snch
a purpose. Let us trace from the same authentic
source the history, the progress, and the isiue of
the business.

It is well known to every man in the nation
ihal ever since the acknowledgment of onr in-
dependence, our Government has, at every oppot-
lunitv, pressed upon the cabinet of Great Britain
the alMndonmeDiof a practice which is certainly
embarrassing to our commerce, and from its abuse
has been in many cases extremely injurious to
our own citizens. I mean the right which that
Qovernment claims of taking from the merchant
vessels of other nations British seamen and de-
serters, aod which bas always been tenaciously
insisted upon by Great Britain on the ground aa
she allies of self preservation. It is true thai

.yGoogIc

HISTORY OP CONGRESS.

1296

H.orR.

Preparation for War.

FEBBU4BY, 1809.

duriDg ihe preteDl AdminiMratioD, in (h« f«Hi
1803. Mr. KiDg, ovi then MiQiiler it London,
succeeded solar as lo obtain a reUnquishmenl of
the prHciiee on ihe high seas, but could not cib-
<atD an esleosion of it to ihe narrow seas, and of
■coune tfae ptojrcc of Rrrangeinent then failed.
Tbis fact ii etaled in ibe Ipiler of Lbe Secretary
of State of 3d February, 1607. By recurring to
the instruction sent lo Mr. Mooroe for op^uing: a
negotiaiioD witli tlie Driiish Cabinet Id 1804 ibe
first and most promineol feature is (be came Ion;
«oniioveried point, which is not to be made ibi
subject of regulation or Brrangenienl, for (bi
broad principle of that QuTernmeni. abandoning
Altogether [he right of taking even ner own s<
men or deieriers from oui merchant vessels,
insisted on as tbe great ultimatum or tine qua
non of any treaty, 1 agree, sir, that if (his point
«ould hate been obtained, i( would hare been a
veiy brilliant victory in the field of negotiation,
«i which the nation would bare rejoiced, and
with which no man would have been more gial-
ified than myself. But such avictory was not tc
be eipecled. For the correspondenceofyour Min-
Utera inform you, that nolwi[hi(aDding all (hrii
exertions and (heir skill to gain (bat point, (bey
found it beyond the reach of negotiation, and
ibey disclose to you the reason which is frankly
STOwed by the British Cabinet, and which is
itated in ids letter of Messrs Monroe and Pink-
ney of November 11, 1S06. in these words: " Al
'our meeting the next day lbe British Com-
' missioneis staled, explicitly, but in a very con-
' ciliaiing rnanner, ibai it was not in their powei
' lo adopt an article in lbe spirit of our project;
' thai ihe Board of Admiralty had been consulted
' on the subject as hadalsD been Ihe Crown officer!
' in Doctors' Commons, who all united without ex-
' ception in the opinion Ihat the right of their Gov-
' einmeot in the case in question was well found-
'ed, and ought not to be relinquished. They
' added, ibal under such ciTCumstaacen (he relin-
' quishmenl of it was a measure which the Oav-
' ernmeni could not adopt without taking on itself
'a respcDsibility which no Ministry would be
' willing to meet, however pressing tbe en
' gency might be," The result, sir, is knoi
tn informal arrangement was made, by which
our Commissioners say, "we place the busini
' almost, if not altogether, on as good a footing
' we should have done by treaty, had the project
' which weoffered them been adopted." Thisin-
format arrangementon the subjeciof impressment
being thus made a treaty is concluded and signed
by our Commissioners, 31st December, 1806, and
transmitted to the President with their expiann-
lory letter of January^ 3d, 1807. In that letter our

r< :..: ^ dgmn speak of (he informal --

— jroentior-'^ - '■- - -

' Government did not feel itself at liberty lo re-
' linquith formally its claim to search our mer-
' chant vessels for British seamen, its practice
' would nevertbeless be essentially, if Dol coin-
< pletely abandoaed."

Tiieae, sir, are the obsetvitlioitB of our own

Ministers, from which it is plainly to be inferred,
(hat no talents, no exertion of diplomatic skill, do
ingenuity of argument whatever, could induce
(he British Oovernment to submit to an aban-
donment of (heir claim. It is the same answer
which has been invariably given to ail our ap-
plications on that aubject. That OoTernmeni
always declares its willingness id eniet into any
regulations for the full and efiectual security fUT
our seamen, but at the same time candidly in-
forms you that no Ministry could survive the
surrender to you of ihe principle or right of tak-
ing their own; and of this our Administratian
have for a number of years bad pretty strong evi-
dence, derived frum actual experiment. Tbe
treaty thus concluded, and tliiis explained by our
Commissioners, is received by the President, ex-
amined and rejected, because the claim of im-
pressment is not foimBll)[ relinquished, and be-
cause in other particulars it does not come up to
his tanguine expectations. Sir, in the observa-
tions which accompany its return to our Com-
missioneis, it is acknowledged that " the change
' made by the ihird article in the provisions of
' the Treaty of 1794, relative 10 the British po*-
' sessions in India," is not as favorable as it stood
in that treaty. By referring lo the explanatory
letter of our Commissioners, we discover whf
that change was made; because the British Gov-
ernment will not consent to grant ti^ in the new
treaty as favorable terms of trading to their India
possessions as we enjoyed under the Treaty of
1794, which thev had so repeatedly offered to re-
new. This isfull and satisfactory evidence that,
after rejecting the Treaty of 1794, our Adminii-
tration have not been able (o make as good a
bargain in a very important point, the India trade,
even under circumstances most propitiously fa-
voring their Attempts.

Does the Executive charge our Ministers with
a want of skill, exertion, or fidelity, in the dis-
charge of (heir important trust 1 No, sir; read
his declaration in the tetter which the Secretary
addressed (o them on returning the treaty: "The
' President has seen in your exertions to accona-
' plitih thegreatobjecis'of your instructions ample
' proofs of (hat zeal and pa(riotism in which he
' confided, and feels deep regret (ha( your su(M;ess
' ba« not corresponded with the reasonableness of
' your propositions and tbe ability with which ibey
' weresupporled." And yet iu the same letter we
find again expressed the fixed determination of
(he President 'Mo decline any arrangement, for-
' mal or informal, which does not comprise* pro-
' vision against impressments from American ves-
' sels on the hich seas." Thus repeating and in-
sisting upon that point as the ultimatum in anf
treaty arrangement.

In Ibis manner the Treaty of 1S06 wa* rejected
by the President, without condescendlug to ad-
witbhisgreat Constitutional Council. What
lid have been the result of the negotiation had
tbe treaty been submitted to lbe consideration of
the Senate ii is impossible to divine; whether
the united wisdom of the President and Senate
would have been able to effect such a compromise

.yGoogIc

1297

HISTOKT OF C0N6RESS.

FEBBumy, If

Preparation Jot War.

H. OF R.

and Brrangemenl of the poinia in controversy as
la be mutually sBlisfaclary must remain forerer
uaknowo ; but one fact raay be assumed, that the
adnce of the Senate upon a subject so deeply Jn-
terestingf to ibe people, could not have placed the
nation in a situation more embarrassing tban our
present. The history o( llie ratification of the
Treaty of 1794 furnishes ao example of the sus-
pension of an objectionable article and the ac-
quiescence of Great Britain in the adoption of
the residue, and shows that a spirit of concilia-
tion in that instance produced the happiest result.
But if the great ultimalum broadly iosisled upon
by our Executive, be adhered In, probably no
Administration can ever make a treaty with that
nalioa. The British Oovernmenl tells you that
it cannot surrender the point in controversy with-
out endangetinz its very existence, and that no
Ministry can abandon it in the latitude thai we
require. How iben can you calculate upon bet-
ter success while that Government is able to de-
fend itself? Can you raiionally eipeol more
than what is offered 1 "to adopt some liberal and
- equitable plan for reconciling the exercise of
' what that Qovernraent deems a right essential
' to its existence with the just claims of the Uni-
' ted Stales and for removinir from it all cause of
' complaint and irritation." The object which
we have in view is the security uid protection of
our own citizens; this it is the duty of our Gov-
ernmenl most strenuously to insist upon, and if
negotiation will not efieei it, bd appeal may salely
be made to (he spirit and feeling of the nation to
defend it. But if thai object can be obtained by
honorable negotiation, t am much deceived if the
people will consent to stake their peace and happi-
ness in a contest to protect British seamcD and
British deserters, who may be employed on board
our merchant vessels on ine high seas. But, sir,
was the secnriiy and protection of our own sea-
men abandoned by our Ministers in the late ne-
gotiation? If we credit ibem, ihey never lost
si^ht of that object. It is true there appears no
stipulation in the treaty upon that point, because
they were bound by their insiruciions not to treat
formally, but on the princinle of an unqualified
abandonment by the Brilisn Government. But
the explanatory letter of our MioiMers and the
subsequent letter of Mr. Monroe ofaSih February,
1808, gives us reason to believe that the arrange-
ment wasai least worthy ofexperimenl; especially
as that point (as well as our claim for illegal cap-
tures) was lelt open to future discussion, and was
placed, as Mr. Monroe informs, upon Buch a footing
as to give our Government the command of the
subject. His words are these : " We were there-
' fore decidedly of the opiuion that the paper of
' the British Commissioners placed the iuierest
' of impressment on ground which it was both
' safe and honorable for the United States to ad-
' mil ; that in short it gave their governmeot the
' command of the subject for every necessary
'and useful purpose." If bis opinion be correct;
if that question was placed upon ground both safe
and honorable, and left in such a situation that
oar Qovernment bad the comtnand of the subject,

would not Buah an arrangement be satisfactory
to the nation 1 Would it not have been wise at
least to try whether (he practice would corres-
pond with the theory t In my opinion, sir, it did
merit the united deliberatioD of the Senate and
dent before the determination was taken to

;tibf

treaty, and attempt to renew negotia-
upon points so long and so ably discussed.
rtie insue of the affair corroborates this opinion,
for when the treaty was returned, a. change of
Ministry having taken place, so far from acceding
to the propoKilion of proceeding again to discuss
the points to which the President objected, Mr,
Canning readily acquiesces in the rejection, and
informs us, that as we had not accepted the cod-
venlion, the whole subject must be resumed when
leisure may permit. It therefore yet remainc
uncertain whether a more favorable treaty will
ever be obiaineii.

But, sir, suppose eiihrr the Treaty of 1794 had
been renewed or the late negotiation had been
conducted to an amicable is^ue, and we had with
promptness and enercy resisted the Berlin decree,
which outraged the Taw of nations and irample<f
upon a solemn treaty, is it probable tiiat our coun-
try would, at this time, have been reduced to the
dilemma stated in the report of your committee,
of submitting to a ruinous embargo, or waging
war with two powerful nations 7 Sir, in mj opin-
ion, we should not have been engaged in war
with either, for the mode of resisting that decree
was plain and easy, by authorizing your mer-
chaQimeo to arm and resist any uulawful attacks
upon your commerce. This plan would have
prevented war, and protected our lawful trade,
without embarrassing our Government, or com-
pelling it to take part with either of the bellig-

From this review of the history of our negotia-
tion since 1803, it appears to me that we have
committed errors of no small importance as they
regarded the interest of the nation. Should the
Orders in Council be repealed to-morrow, our
commercial intercourse with Britain would be in
the same situation as in 1804, and the whole
ground of negotiation must be again travelled
over. Connected as we are by commerce with
Great Britain, it is impossible for us to cootinue
friends long without some commercial regula-
tions; the aourccs of controversy are too numer-
ous; the points of collision are too prominent.
Such is our situation with respect to that Gov-
ernment— and what is the remedy prescribed by
our political doctors? Nothing less than war.
Yes, sir, we are called upon to indulge our pas-
sions and resentment in idle menaces, by declar-
ing to-day That we will go to war in June next.
1 hope, however, while we indulge our feelings,
we shall not forget our want of preparation, or
lose sight of the principles of our GoverDmenl.
Ours, sir, is a peace Government, and is not well
calculated for offensive war. Its spirit, like the
beuign spirit of Chriirtianiiy, breathes peace and
good will 10 all men. Whenever the occasion
for trying iu energies may happen, it will be
found weak or airong, according lo circamslances.

.yGoogIc

1299

HISTORY OP CONGRESS.

1300

H. or R.

Prtparation for War.

Febbcaby, 1

I will illnstnie my idea. In ■ war of defence
agkiott allach or ioTsaioD, the whole strength and
force of the nation will be spontaneouilf exerted.
and every man becomiog identified with the Gov-
eTDmenl, the impulse will be irresistible, and we
■hall then want only a ibiirul coromander-iQ'
chief, to direct with judgment the pbyiieal force
of an united people. Id ■ war orenierprise or
offence, our QoTernment will be weak, unleu the
eauie of war addretaes i»elf (trongly to the feel-
lagi of the great majoritf of the people, and the
neceiaity otit to vindicaifl the essential rights
■nd honor of the Dalion ii plainly diicerned ; and
for this obvious reason, you cannot raise a regi-
ment, or man a gunboat, without Toluntary en-
listment, or provide money, (the reiy sinews of
war,) without the consent of a majority of the
people, expressed by their Representatives. Be-
fore we declare war, or adopt a measure which
leads directly to that event, we ought to be well
assured that the great majority of the nation are
ready and willing to unite in the contest; a fact
of which, at present, I really entertain strong
donbli, excited by the language of memoriils on

Sour table, and information oaily received from
ifferent parts of the Union. 1 know we can con-
ceal our errors from the view of the people for a
•eason by a declaration of war. The still small
Toice in which they address the understanding
will be unheard amid the din of arms, or dtowocd
amidst the groans of the hapless victims of war.
They will be lost in the blaze of our burning vil-
lages, or obscured by clouds of smoke ascending
from the funeral piles of our devoted cities. But
let me ask this House, or rather let me ask the
nation, whether they are prepared to bring thi

Cce, their happiness, their treasure, and their
id. and present them all as an ofiering to atone
for the errors of the Administration ? Will e '
log less than such a sacrifice expiate those err
I trnst some other equally honorable and infinite-
ly less costly will yet be found. Sir, I am c<
TJDced thai no honorable geolleman within thi
walls would advocate war to cover those errc ,
itnd therefore I cannot impute lo any one such a

Perhaps, sir, when I stale my oji willingness at
this moment to declare war against Great Britain
and Fraacc, or to adopt the plan of marque and
reprisal, I shall be asked if I mean to submit U
their unjust orders and decrees? I answer do
1 hope the idea of submission has never been en-
teriaiued in tbis House. I trust, sir, that the
term " submission" is not found In the vocabu
lary of an American statesman. It is true that
the Committee of Foreign ReUlions,«iQ a de-
tailed report, after reciting our wrongs, has ii
formed us that we have only to choose submii
sioD, embargo, or war with both nations. With
all doe deference to the soperior judgment of thai
honorable committee, I muFi beg leave to i
my protest against their inference; and ai ibey
have given us the premises, I shall probably be
pardoned, if I venture to consult my own under-
standing and draw my own conclusions. I can-
not perceive how it can well be called submission

<ur merchants if ihey jirttt to trade with
Great Britain, or France, or any other part of the
world, notwithsiandLng those orders and decrees.
By submission, is understood the doing under
lercion that which is commanded, or the refrain-
ing from doing that which is forbidden. Prance
says, we shall not trade with Great Britain, and
Britaio, in return, says, we shall not trade with
France.

The whole tenor of the orders and decrees, aa
applicable to thisqnestion, is negative or prohibi-
tory. If, then, our merchants twing at liberty to
at home, or to go to France, do actuatly stt
>, that act is clearly not submission to ine
decree of the Emperor, and beins contrary to the
British ordera, certainly is not submission to them.
And, on the other hand, the voluntary trade to
Great Britain is not produced by ibe British or-
ders, and is against the French decree; and equal-
ly clear it is, that our trade to India, Spain, Por-
tugal, and many other places, might be carried on
without the lea<t imputation of submitting to the
will of the belligerents. As to embargo, that, id
my view, savors more strongly of subroiasion ;
the nation, however, is weary of it, and I trtut
the wisdom of Congress will ^rani them seasona-
ble relief from its pressure, without adopting the
third alternative insisted on by the committee.

If the embargo is raised on the 4tb of March,
its full force will, by that time, be felt by the bel-
ligerents, and they may probably then be inclined
to do us justice, and our trade be permitted to
resume its natural channels. The British Gor-
erument, moved by the impulse of its own Inter-
est, and taught, by our patriotic submiision to
embargo for fifteen months, to appreciate the
value of our friendship and commerce, may yet
listen to the voice of reason, and yield to an hon-
orable adjustment of our differences; and of saeh
a disposition, Mr, Canniog's last letter gives a
pledge. As we have forborne so long, and en-
dured so much to preserve our youns and grow-
iog nation from being drawn into the vortex of
European wara, I hope we shall not close the
door of negotiation at this moment, but leave the
succeeding President at liberty to use soeh means
as his wisdom and patriotism may suggest to
secure the rights and honor of his country. The
object is at least worth tbe experiment. Should
he succeed in the attempt, his reward will be
great — no lets than the grateful applause of his
fEtlow.citizcnB. 1 would, therefore, do no act
which may tend to increase the difficulties with
which the interesting subject of our foreign relm-
lations is already embarrassed. Sir, a very im-

Sortant consequence will, in any event, result
■om this course — for, if justice is denied as, the
nation will be convinced that war is necessary.
It wilt lend to harmonize the public sentimeoi,
and nnite all in the common cause. For my con-
stituents I can answer with confidence^ that when-
ever Congress shall declare that war is necessarr
to protect our rights, or vindicate our naiionu
honor, they will rally around the standard of the
Government^ and present their breast* as a bul-
wark for their country. The report ot the eoin-

.yGooglc

1301

HISTORY OF CONGRESS.

Febbdibt, 1809.

Preaidmfiai Election.

H. ofR.

miilee to which I have referred, apealts of wsT
Viih both Ihe beltigereats; ibis proposition haii
more of soaod ihaa eubstsnce ; it deserTes some
■tleniion, aod a few remarki will show its fil-
lacy. No man will sa^ that we can come iolo
eoDlact with France, and perbaps that is for ua a
most fortunate cireumslance. As it reeards her,
therefore, the declaratioo of war would oe metely
Domioal. Bat with Great Briiain we might have
a real and a serious warfare. Mark (he conse-
queoce. The Emperor, by his decrees, wishes
10 reduce Briiaia by cutting off her commerce.
We declare war a^inst Britain, and thus the
object which he aimed at will be accomplished.
Do you doubt, sir, after reading Mr. Champagnjr's
tetter, Sn irhicb the Emperor uot only tells us we
□ught ID gc to war with Great Britain, but even
TCDtures to declare war for vt, that such a slate
would lie extremely gratifying to him f Sir, we
know well that such is his wish, sod it becomes
us to act iffith caotiou and circumspection; but
we may be taken in bis toils. From every view,
therefore, which I can take of (be subject, my
mind is fully coDvinced that we ought not, at
thii time, 1o adopt the second branch of the rcso-
ImioQ.
When Mr. Van Dyke had concluded —
Mr. Dawsoh moTed to postpone the farther
consideratioa of the subject indefinitely. The
House adjourned without comio; to a decision
on (he motion.

TuiTiiesAT, February 3.

Oa motion of Mr. Burwell, the House pro-
ceeded to consider a resolution proposed by him,
and ordered to lie on the table, on the flrst insiant ;
and (he same being amended on the several mo-
tions of Mr. Macon and Mr. Marion, to read as
follows :

Haohed, ThattheClsTk of thiaHouwbeuiitructad
to famish the Libruiui of CongrsM with two complela
seta of the Jonmals and all Documents and Reporti
laid before Congress at each ■cuion :

A motion was made by Mr. Dchell., farther
to amend the said resolniion, by adding, to the
end thereof, the words following: "and lo trans-
mit to the Secretary of each of the Stales in the
Union, and of ihe Territories thereof, one such
s«t for the use of aaid States and Territories, re-
spectively."

And OD the queotion that the House do agree
to the said proposed amendment, it passed in thi
negative.

A motion was then made by Mr. STANrono,
that the said resolution, as amended, and herein
before recited, be referred (o a select committee,
to consider and report thereon to the House : ana
the question being put thereupon, it was resolved
in the affirmative.

Ordered, That Mr. Burwcll, Mr. STANroRo,
and Mr. Elv, be appointed a committee, pnrsn-
aot t« ihe said lesolntion.

Amessagefrooa the Senate informed iheHouse
Ibai Ihe Senate have paased the bill, entitled "An

act making appropriations to complete the forti-
fications commeBced for the security of the sea-
port towns aod harbors of the United Slates, and
to defray the expense of deepening and extending
to the river Mississippi [he canal of Carondelet,"
with an amendment; (o which they desire the
loncurrenee of this House. The Senate have
ilso passed a bill, entitled '"An act to provide for
the incorporation of religious societies in the Dis-
trict of Columbia ;" to which they desire the con-
currence of this House.

PRESIDENTIAL ELECTION.

Mr. Bacoh called for the consideration of (h«
reaolution ofieted by him on Monday, for appoint-
ing a joint committee to examine the subject of
the petitions against the mode in which the late
election of Electors of President and Vice Presi-
dent of the United States, by the Legislature of
the State of Massachusetts, was conducted.

Mr. RANnoLFH wished the resolution to lie on
the table, (hat the members of the House might
have an opportunity to take it into their most
' UGConsideration. Hesaid itappeared tohim
under color of a redress of grievances, the
ntion might go in a very alarming and dan-
gerous manner to enlarge the sphere of action of
the General l3overDinent, at (he expense ofiUs
dearest rightsor(he3ta(eB. InwhHttnanoer,^sked
he, is the General Government constituted ? TVo,
as one of the branches of the Legislaiure, are un-
questionably (he judges of our own qualifications
and returns. The Senate, the other branch of
(he Legislature, is in likemanner the judge, wi(h-
out appeal, of the qualifications of its own mem-
bers. But with respect to (he appointment of
President — on whom is that authority devolved
' the first instance? On the Elector

to all intents and purposea, according to my ap-
prehension, as much (he jndges or (heir own
qualifications as we are of ours; and it appears lo
me as competent to the people of any part of this
country, to prefer a petition to the Electoral Col-
lege to set aside (he returns of any members of
Congress, as to prefer petitions to this House to
let aside the qualifications of Electors. True it is,
sir, that for (he convenience of the Ihin^, and
also for the prevention of cabals aod intrigue —
such, however, was the in(en(ioD of this provision;
how far it has answered that purpose is another
question — ihe Electors assemble in separate divis-
ions in the respective States ; but they are lo be
considered, to all intents and purposes, as a body
of men equal in number to the Senate and House
of Represeniatives, chawed with the election of
the President and Vice President of the United
States, and judges in (be last resort of their owa
qualifications and returns. If not, they ate &
mere nutlitjr. Sir, when I rose I had no inten-
tion of saying thus much on the subject; I did
not dream that it would be called up, and, to be
candid, I did not know that the tesoluiion was on
the table. The manner of doing business in the
House Is so strange and anomalous, that it is im-
possible for any person to know what will be the
subject of debate on any particolar day. Bui it

.yGoogIc

1203

HISTORY OF CONGEESS.

fR.

Repeal of the Embccrgo.

FEBnnABT, 1809.

U perfeellf in my Teeolleetion, aod, sir, it muM
be in yours, Ibe eiireme aeQs%iioii wbieh wai

Eroduced inlhii Home and ihrouzhouttbe Unioa
ya bill introduced into the other Houie by a
member frotD PenosjrIvBDia (Mr. Roaa) touching
ihe eltiction of President and Vice President of
the United Slates. Tbia is a delicate lubjecl;
one wbicb it is agreed od bU handi there is no
occasion to touch. The election is not only un-
disputed but indUpuiable, The Conslitutian has
■aid that each Slate ii enliiled to a number of
Electors equal to the number of its Senators and
Representatives, who shall be appointed in such
manner ai the Legislatures shall prescribe; and
if we attempt to put our hands on this power, we
migbl as welt, in my apprehension, arrogate lo
ourselves ibe appointment of President and Vice
President. If we do away the decision of the
Electoral body, which is as independent of us as
we are of them, the Constitution la in my opinion
Tersiog 10 its dissolution.

Air. BicON said he certainly should consent
that the resolution should lie on the table. He
aaid he was himself by no means certain that this
House or both Houses had the power of acting
on the subject ; but he thoueht it an attention '
to the memorials to ffive tnem a reference
ailect committee. He did not wish to com
himself or the House on the subject, far, he re-
peated, he was by no means certain of the propri*
ety of the proceeding.
The resolution was ordered to lie od the table.

REPEAL OF THE EMBARGO.

The House then went into Committee of the
Whole on Mr. Nicholib'b resolution for repeal-
ing the embargo, and issuing letters of marqua

and reprisal, on the day of . Theques-

tfon pending on filling the blank with ttre first
day of June, the fourth day of March, or the fif-
teenth of February.

Mr. W. Alstok said that for himself be would
prefer the course which the gentleman from
Georgia (Mr. Troop) had pointed out; and, if
the gentleman from Delaware had not declared
that he wished the embarso to he removed, he
should have inferred that also to be bis idea, be-
cause he had set out with declaring that he had
wished that the embargo laws should have a fair
eiperimrnl. And Mr. A. asked the ^enilemao
ftod the House whether they had received a fair
eiperimeotf Certainly not; for the violations
iiad been such heretofore that the embargo had
not by any means had that experiment which it
ought lo have had. No one could tell what
would be its effects if it were permitted to have
that trial which the honorable gentleman from
Delaware wished it to have bad. Mr. A. could
aot decide how to fill up the blank in the part of
the resolution under consideration, until be kn
what other measure was to be adopted in pli
of the embargo. If we were to have war, he
eared not whether it was declared

n March or in June. If further time was to be
llowed for negotiation, he thought thallhinn
had belter remain as they were, more especially
ere was now a probaUlity that the embargo
would be carried into effect. Nolwiibstandiog
the frequent assertions which he had heard, he
believed there was no such thing as rebellion in
Massachusetts. He believed from bin heart thai
the good sense of the people of that State would
carry the laws into execution. If things shoaJd
be left as they now stood, our etiemies would not
officially know what the Oovernraent intended
to do; though they might judge for themselves
by dechratioDi made on the floor, which he
hoped to see substantiated by action when the

'^.^

Tallmadug said that it did appear to him
that the nation was placed in such a position
that it became imperiously the duty of this Com-
mittee to decide some very important question
relative to the embargo. I am sorry, said be,
that the gentleman who introduced the resola-
(ion (Mr. NiCBOLie) is unable to attend, from
indisposition, and to maintain and defend Ibe
principles of his resolution; and I em glad that
Ibe resolution is so worded as to idmit of & di-
vision at to the two great questions of a contin-
uance of the embargo and a commeDcement of
bostililies, so Ibatthev may be distinctljr present-
ed to the minds of tne members of this House.
I am very free to declare as to the first question,
which is the only one now pending, that mr
raind is completely made up; and although I
should rather fill the blank for the time of its
repeal with the word "immediately," yet 1 am
perfectiv willing to meet gentlemen who wish
for the longeit period, on the middle ground, and
fix on the fourth of March for its repeal. I do
conceive it lo be a duty highly incumbent oo
this Copmittee to decide this question emphati-
cslly and at once ; and there are several reasons
which I will offer to the House, which have in-
duced me to form this opinion. The first reason
is a respect for ourselves and for the Govern'
mentof the United States. What will be the
opinion of our constituents, when they see reso-
lutions offered to repeal the embargo, postponed
from day to day, without obtaining a decision on.
them ; and, after that, when they see a resolotion
offered for repealing the embargo, aoDeied to
~'hich is a proposition tantamount tu a declara-

for deciding the question abstractedly whether
we will repeal the embargo or not. When that

idiiion of this country I feet alarmed,
vve alt must read the public papers and know
the events now daily occurring, some of which
cannot have escaped your observation. Into one
of the Northern States (Vermont) the President
sent his proclamation in April last, making it
known that combiDatioos were forming, and an

.yGoogIc

1305

HISTORY OF CONGRESS.

FEBBDi.Br, 1809.

Repeal of ike Embargo.

H.orR.

iDsurreetioD about to take pJBce, nod ealliDf npon
all officers civil and military lo aid in sgppreu-
iog the Sitae. The grand jury of one of the
coumies in that State have really made ■ pre-
sentmeot of it as a erieTauce, although the proc-
lamatioD bai ooi be«n specially named. This
must be di^greeable to every geotleman on this
floor, and is ODe of the evils which I wish to
remedy. To me i( appears to be a serious cir-
cumstance chat the measures oftbe Goveromeat
should be thus treated, and it is a slate of things
which I would take all proper measures lo avoid.
Another circumstance I will meolioD : Since the
passage of the last supplemeoiary embargo law,
Ibe Governor of the State of Rhode IsUnd di-
rected some of the rDilitvy officers to call out a
portion of the military force. Several compa-
nies were accordingly called out, and when ihey
came upon the ground they determined that Ihey
would not obey the Instructions of a rerenne
oflicer. They did not refuse to obey their own
officers, but they said they knew no such officer
over them ms a revenue officer. This is another
disagreeable cireumstatice, and I am very un-
willing to see the laws in such a situation chat
either civil or military officers shall refuse to ex-
ecute them with impuntiy. Id another Slate,
the large and respectable State of Massachusetts,
the citizens, where they have felt the effects of
the last embargo law bearing hard upon them,
have resorted to the law of the Stateunder which
they live to obtain redress. The cotisequence is,
sir, that your revenue officers are, from the na-
ture of Ibe case, unable to execute your laws.
Such heavy bonds are required of them by the
Slate cou''ts, that they cannot readily procnr«
them, and must decline the execution of the law
Of go to prison. This is another evil which I am
auiious to see.remedied, and therefore I do not
wish a law of the United States lo remain in
this situation.

I have another reason which induces me to
urge a speedy decision. 1 wish lo see an end
put to all speculations. arising out of the laws or
proceedings of this Government'? Whnl will
be the eflecl of the resolution on the table? I
will venture lo predict that the price of articles
proper for export will be raised ten, twenty, or
even fifty per cent., under* belief that ihe embar-
go will be raised. What will be the effect of
poslponiag the repeal until the period proposed 7
ThalspeGuLaiion will be prolonged, and I wish
to see ao eod to it,

I have another reason, sir: I feel unwilling
that the dignity of this nation should be prostra-
ted in the view of foreign GoverDmeats. We
seem to be resolving and le-resolving without
doing anytbing, until we become indeed the
laughing-stock of the European world. I wish
to see t^e Governmeni respected at home and
abroad. For these reasons I am for filling the
blank wiib the earliest period, but am willing to
compound with gentlemen, and lake the foiutb
of March as a middle day.

Mr. Sodtbabu commenced hia obserrations
by referring to the sad spectacle which the gen-

tleman from Connecticut (Mr. TiLLMJinoE) who
had preceded him had given of the stale of the
nation, which, tf trae, must cast an everlasting
stigmn upon this country, which had been boan-
ed of for its independence and forbearance. Obe-
dience to the laws was characteristic of a good
citizen, and to this principle he believed it was
always safe to appeal first. Now had this been
so strongly evinced as was desirable to the north-
ward 1 It was true that ihere were a number of
Cetiiians on the table for the repeal of the em-
argo laws, but there was very little evidence
ihat they wailed for the desirable redress. If he
was not much jniainformed, very great pains bad
been taken in the New England Stales to sour
' ' ' ' the minds of the inhabitants again

seat from town to town to infiame the people on
a subject with which they were perhaps but too
little acquainted of the real causes for which the
restrictions were laid on commerce, having been
concealed from them as much as possible.

The proposition now under consideraiioa is
very iraporiant indeed. The subject to which it
relates has produced more agitation in the nation,
and occasioned more debate and discussion in
this House, than any subject I have ever seen
brought before the National Legislature since I
have had the honor of a seat in it. It has always
been an unpleasant and disagreeble subject to act
upon, <nd a hard and difficult qaesiion for me lo
decide, and therefore I have generally given what
is called B silent vole. I have voted in favor of
the embargo with reluctance ; but the measure
was imperiously called for by ibe situatioa of our
country, and tlie disposition of the belligerent na*
lioDs of Europe. I voted for it on three accounts :
First, to secure the properly of the United Slates,
against the depredations of the rulers of the ocean.
Necessity seemed to impose those restraints upon
us, even though they were irksome; but however
irksoQie, they ought to be preferred to the pros-
tration of our national rights and interest to the
decrees of the belligerents. Secondly, I voted for
it as the best measure which I could perceive out
Government had in its power io preserve peace,
and louseagainst those nations who had deprived
other nations as well as ours of their property,
their rights, and their Government. From such
nations I wish to withdraw as much as possible
all connexion, lest ihey might injure us as they
haveallothersthathaveDeen connected with them.
Thirdly, I ihoDght that by such a dissevermeni
our manufactures might be the more encouraged,
and thus our true indepetidence be rendered more
firm. ' This advantage I considered of great im-
portance, and such circumstances, if no other,
might promote the growth of so desirable an ob-
ject, without which i^e can never be said to be
irul V independent.

Mr. S. expressed himself decidedly a friend to
eommeice, but at the same lime did not beUeve
Ihat the exbteoce of the country depended, ai had
been said, solely upon commerce. He would ven-
ture to ny, thai it this country would mainUiB

.yGoogIc

J

1S07

HISTORY OF CONGRESS.

1308

U. OP R.

Itepeal oftkt EvAtargo.

Fbbrdart, 1809

ila indepeodeDce, in Tact u well as in Dime, it
rouit resort to nmuuractures. This dDClrioe would
by fume be coDsidered as treaaon agaiait Eng-
land, and imporiingiuercbauis} but it nasneret-
tbeless true. We caniiol, eald he. bave a itrong-
«t evidence of ibis I'aci, uud of ibe oecesiity of
aocouraging our owq maDufaclutes, than by a
circumstance wbicb took place about two year*
aince. The Preaiilent of itie United Stales bad
entered ioioa contract wilb a person far a sup-
ply of tbiriy thousand stand of arms, which were
to be shipped from Holland. The Emperor of
France, being infornied of this cootraci, immedi-
diately prevented ihesbipment of the arms. We
were diMppofated — but this provA to be a fortu-
nate circumstance. The QoTernment was con-
vinced of Ibe necessity of maDufacluring in our
own country ibis important article. I hold it to
be a correct principle, [bat this country should
maDufacture (or itself every necessary of life. The
boweb of the earth are full of riche*, and the
face of the country abounds with every raw ma-
terial, sufficient not only for the Decessariea, but
also fur the luxuries of life.

The seed is sown— the germ ii already sprung.
By means of ibe embargo we shall reap a perma-
nent good. Many infant manufactories are al-
teady establinbed throughout the oouuiry, and are
rapidly progressing to peifectiou. Another great
at^aniage will arise by inducing domestic indus-
try. Families will provide themseivea with the
necessaiies and conveniencies of life, which here-
lofore iliey have procured at a gieat expense, and
which manufactures he believed would rendr-
the country more. independent of foreign naiioi
than anything else which could be devised.

Mr. S. had some faint hope that the embargo
would have operated m a coercive measure upon
the belligerents. But in this hope he was in some
measure disappointed, because either the law was
no! observed, or not enforced. He solemnly be-
lieved that the taw would have answered every
valuable purpose for which itwBsiotended, if ii had
been obeyed. He blamed members of this House,
as well asoiher persons, for the long continuance
of ibii measure. There have been written, not
only during the last, but also during tbe present
aesaioQ, seditious and inflammatory letters, calcu-
lated and intended to excite tbe people to rise in
opposition to the law ; and, at the same time gi~
ing encouragement to the belligerents to con tin
their destructive measures towards us.

He was persuaded that, if members had acted
as good citizens, the embargo laws would hav~
been repealed six months after their passage. Mi
S. believed that, various as were the views an
calculations of gentlemen who advooated, c
voted for the embargo, and of the effects which
it would produce on curselves, and upon the Pow-
ers against whose injustice and avarice it was in-
tended to guard us, no man of sense, he was con-
fident, ever believed the measure was inteoded to
be permanent; but only as a temporary and pre-
cautionary means, whereby to save our pro
and seamen from the depredations of those
era whose only rule of rigbl ia tbe extent of their

power, and who regard neither the law* of jns-
tiee, nor of nations. The doctrine of necessity,
which they so strenuously advocate, to whicb no
bounds can be prescribed, is plead by them to jua-
tify the greatest enormities.

Notwjilisianding all tbat bad been said and
written against the embargo, Mr. S. did not resr«t
' hegavehis votein its favor. It had produced
:h good ; it had saved to the country an in*
ise amount of property; and, so far, it had
pieserved us from war. The principal difference
of opinion in that House appeared to be in ifaiK
whether the blank should be filled wiih the firat
day of June, or fourth day of Marcb next. Ha
was in favor of the laKei day, and was ready to
join » majority of the House in such other meaa-
ures as should better secure and maintain the
honor and independence of tbe country.

The opponents of the embargo have told the
House a great deal of the unparalleled sufierings
which this measure has produced. Can this bea
correct representation of facts 7 No, sir, it can-
not be. The ruin and distress which gentleiDeo
say this measure has inflicted upon the people of
the Eastern Stales, hsa again and again been de-
picted hy ihem, in such strong and glowing colon
that all the aufierings of the Revolutionary war,
all the suSeringi of our impressed seamen on
board British ihip^ of war, frum the year 1794 to
the present day, have been lost, and swallowed
up in this ideal mass of misery. And, sir, it is
only ideal, when contrasted with the sufieringsen-
}lured during a seven years' war; or, tbe aufl^er-
mgs of our impressed seamen,groaning under ibe
lash of a lyrant, who has deprived them of lib-
erty, and of every comfort of life. Oar slaves
are inlinilely beiier circumstanced than tbese
men. I would ask what has become of the spirit
of sympathy which appeared to actaaie gentle-
men who used to describe the real sufferings of
our seamen in such impassioned languagel W«
were then told that every wave and wind that
cros.ied the Ailaniic, wafted tbe groans of onr
fellow-citizens into the bosom of their native
country. Their tongues are now mote, or em-
ployed only to traduce the Qoveroment.

There are members on thiR floor, said Mr. S..
who have seen more real suffering in one day,
than what could possibly be produced by the re-
striction on irqde since the passage of the law so
much complained of. For one, 1 have aeen lowni
and villages wrapped in flames ; the country des-
olated ; helpless women and children turned oat
of their houses by the near approach of a cruel
and vindictive enemy — and fleeing for tb air lives,
destitute of every comfort ; men slaughtered in
defence of their natural rights, property, and fam-
ilies; and yet, we arc to believe, that a partial
privation of a few of the luxuries of life, is more
ruinous and destructive than all tbe calamities
of war. Tbe whole blame which oar sitnsiian
produces is thrown on our Oovernmeni, while
all the injuries which we have sustained front
foreign nations, are covered under a mass of pre-
judice against the Admioistraiion. Tbe injustice
of one of one of the belligerents is either ivboUy |

.yGoogIc

1309

HISTORY OF CONGRESS.

Rtpeal of the Embargo.

H.orR.

overlooked, or palliated, while ever; supposed
error of our GuTernment is eiaggented. The
gentleman from New York, (Mr. Oardekcer.)
calls for a free trade. " Give lo ua," said he, ''a

the orders and decreei, and see whether it cao be
obtained. But, these deiirucilTe measures of the
belligerents are considered by some members as
mere trifles — innocent things — growing out of
mere oecessiiy, Howerer innocent and harralesi
some genitemen may consider these orders and
decrees, the belligerents consider them as very
ruinous to neutral commerce. Mr. S. referred to
(he letter from Champagiiy to Mr. Armsttong,
■nd read a paragraph from the letter of Mr. Ei-
tkine to Mr. Madison, of the 13ih March, 1807,
in the following words: "But, though this right
< of retaliation would unquesiionably accrue lo
' His Majeslf, yet His MajesI; is unwilling, ei-
' cept in the 1a:>t extremity, to hare reconrse to
' mea.sureB which must prore so distressing to all
' nations not engaged in the war with Fraoce."

Mr- S. lamented thai members of Congress, to
whom were confided the best and dearest lolerests
of the country, were found palliating the intposi-
tioiA of foreign Powers, that they might thereby
inflict the deeper wounds on their own Goverii-
meni. Restore, said the gentleroan from New
York, the confidence of the people in their Gov-
ernment. Mr. S. despaired of so desirable an ob-
ject ever beine accomplished whilst there were
in the nationat councils men leagued with the
British Cabinet, and hireling printers iaboriDg
with all their might lo detach the people from
the Government. This, sir, is no new thing, said
be. Look back for more than seven years and
you will God a syRlematie opposition against the
Admiaisiration. With them, nothing is right;
everything is wrong; every act of consequence
has been denounced ; great pains taken in various
(Hirts of the Union (o stir up the people lo opposi-
tion; the laws represented as unconstitutional,
cruel, and oppressive.

The same gentleman from New York, now de-
clares against war, and paiats its horrors in the
most glowing colors. 1 also, said Mr. S,, depre'
cate war. Let not him that puttetb on the har-
ness boast, but him that lakeih it ofi'. It is not
long since that gentleman told this House and
the nation, " ibat the salvation of this country
depended on war"— "Ally yourself with England
and declare war against France." Sir, for one,
I differ with that gentleman. Ally yourself with
either of these Powers and. on the day you sign
such alliance, you sign the death-warrant of the
liberties of this country. It would be inflnitely
better to Gghl these Powers single banded than to
be allied with either; because when you had
fought by yourself, you may negotiate by your-
self and make peace without asking leave of your
ally. What has become, asked Mr. S., of alt
those nsiions who have allied themselves with
Great Britain, or been subsidized by her 1 British
gold has corrupted and ruined almost all the na-
tions of Surope. She hag destroyed their com-

merce, and France ban deprived them of their

The gentleman from New York regretted that
hard words should have been used by the ma-
jority, calculated to wound the feelin:{3 of the
minority. Can the gentleman imagine that the
majoritj* have no feelings — the Government no
sensibilityl Who first began to use hard word*
and opprobrious language, but the minority 1 Let
me, said Mr. S- remind those gentlemen of an
old adage — let those who live in glass houses be-
ware how they throw stones. In order to relieve
this country from its present embarrassments, we
are called upon to retrace our steps, to turn back
to the policy of aforoier administration, and undo
all we have done. Sir, should the gentleman
himself take a sober review of the measures pur-
sued and the cruel and unjust policy adopted in
those happy daya of whicn he speaks, the recol-
lection of the actual situation of our country
might cause a blush — but I forbear to pursue so
disagreeable a subject. It was said that there
ought to be more lime given in order to favor
nogoliation. If it was probable that by that day
they couid be effected hy oegoiiatioo, it would be
best to lake the most distant day; but I believe
there is but little prospect at present of our differ-
ences being settled by treaty. Be that as it may,
as soon as you pass the resolution now on your
table, the embargo laws will cease to have any
effect on foreign nations, and will only operate to
(he injury of our citizens. If the embargo laws
are to be repealej, so as to take effect either in
March or June, the earliest day will be the best.
It will afford sufficient lime to the honest and
virtuous citizen, who has obeyed your laws^to be
ready lo take advantage of foreign markets as
soon ax the man whose cupidity has induced him
to prepare to violate every sacred obligaiiou
which he owes to society,

Mr. S. said that under existing circumstances
he had but very little hope or expectation that
much advantage would be derived from com-
merce, and he feared some men might be base
enough to pay tribute, or sail under British
license. Perhaps,sir, said he, 1 may betoo much
prejudiced against such license and protection,
owing to what took place, somewhat of a similar
nature, during the Revolutionary war with Great
Britain. Was there an iostance of a man who
weoi voluntarily iuto the enemies' lines and took
his Majeslv's protection, who has not proved an
injury to bis country 1 The man who, for the
sale of gain, would pay tribute to a foreign Gov-
erumeni, ought forever to lose the protection of

He thought it his duty to make these observa-
tions in vindication of his own conduct in voting
for the embargo law, and also in .lupport of the
Government, against which the tongue of cal-
umny bad EJeen so long aimed. If these laws
are repealed, he hoped and trusted that others
would be substituted in their stead belter calcula-
the independence of the United

With respact to a reiott to war as a remedy for

.yGoogIc

ISll

HISTORY OF CONGRESS.

1312

H. or R.

Repeal of tht Embargo.

Fbbrdakt, 1809.

the «vila experieDC'd at present, Mr. B. would
only observe that war was in itself so great an
evil that the United States had wiselycoDaideied

Seace aodan honest neutrality as the best Toui
aiioQ of (beir general pnlicy. It was not I'l
him to aav, under what degree of aggravated in-
juries and sufferings, a departure from such policy
would become a duty. The most pacific nation
OD earth might fiod itself compelled to exchange
for the calamities of war, the greater disi
of longer forbearaace. Should imperioui
cumslances require the United Stales to enter
into war to defend and EnaintaiD their liberties,
Mr. S. pledged his life that his fellow-citizens of
Naw Jersey would cheerfully rally round the
atendard of their Qovernmeni, and, as in 177S,
rather see their hills and their plains smoking
with the blood of her sons, than tamely submit to
the dictates of France, or degradiogly pay tribute
to England.

Mr. Uphah said afew words expretsire of !
iahtnent that the geaiietnan from New Jersey
(Mr. Soctbard) should have taken exception at
thesiaiemeoi of facts made by his colleague (Mr.
Tallmadoe) in relation to the execution of the
embargo laws, and the impression which they
produced in some parts of the country. So far
from producing irritation in the House, M "
conceived it to be the bouoden duty of every
who knew of inch facts to slate them to the
House. He was surprised that genilemen should
object to hearing facts.

Mr. DuRELL said, although in forming an opin-
ion upon the subject more immediately under dis-
cussion, it may not be necessary to go over the
wbolf field of argument, in relation to the great
questions of war or embargo, yet there is tuch a
connexion between these subjects and the ques-
tion of filling the blank in the resolution upon
your table, that 1 must bej the indulgence of the
Committee while I enter into such a view of the
use as seems to be necessary, in order to under-
stand the precise point of the question before us.
The resolution upon your table proposes a re-

gtal of the embargo, and hostilities against Qreai
ritain and Fance. There appears to be a strong
seniimeni in favor of the first proposition, viz: a
repeal of the embargo. And if the sentiment in
favor of war is not so strong, it is not fur the want
of provocation — this, Qod knows, we have in
abundance — but because war would be pulling
too much at hazard, and at best, would be assum-
ing a new and positive evil, fot no belter reason
than to get rid of an old one, although of a nega-
tive and very doubtful quality. To exchange
the embargo for war would (to indulge in the
homdy siyle of our forefathers) be but stepping
out of the frying-pan into the fire. However,
sir, if war is to he substituted for the embargo,
and is to begin where that ends, then in filling
the blank upon your table, the question, iastead
of being, when shall the' embargo be raised?
should be, when shall hostilities be commenced?
The former, considered singly, and unconnected
with the latter, would be of very little moment —
in aeliling it we should merely take into view the

convenience of our merchants in the several sea-
ports in the Union ; but in considering the latter
we sboulil exclusively cslculate upon the cod-
venience of the State. The precise time for re-
moving the embargo, in this case, is merged in
that when it would be most proper to commence
hostilities. The one may be done at almost any
lime without much hazard, but the other requires
great deliberation, and should not be adventured
upon too precipitately — surely not till we are pre-
pared for it. If then war must begin where em-
bargo ends, the question is not when shall em-
bargo end, but, when shall war begin.

There are two reasons why war should be post-
poned to ihelongesl day that has been mentioned j
first that we might be the belter prepared to meet
it; and xecondly, to give us further chance for

Sir, we propose commencing hostilities against
two of the most warlike and powerful nations the
world has ever witnessed in arms. With no less
than the master of the continent of Europe, and
the mistress of the ocean. And are we prepared
to meet the shock? I am aware it may be»aid —
indeed, it already has been said — that a war with
France would be merely nominal. But, are vour
strong points fortified in a manner to resist the
attacks even of Britain, from the side of the
ocean, with her thousand ships of war? Or are
you exposed, from Maine to Georgia, not only to
the thunder of her ships-of-ihe'line, but, even to
the pitiless peltiogs of her vile picaroons?

Again, it is understood, sir, that despatches
from your Government are on the point of sailing
for your Ministers at Paris and London. It is
also rumored, that a further attempt at adjust-
nent is to be tried, by a new offer to negotiate ;
nd, for my part, 1 nave no objection to Ibis ulti-
malum of experiment, this last appeal to interesr,
(for reason and justice are quite out of the qaet-
tion,) before there is an appeal to thf sword. 1
should have said, "uUtffia ratio regum," for that,
I think, sir, is the courtly phrase with politicians;
and, although the success of this new overture
will, probably, depend upon the mere chances of
the war upon ihe Contineut, yet, I am willing thai
Ihe lasicbBoter of accidents should be turned over
leaf by leaf, so long as there is the chance of an
issue in our favor. Thus much, I have thought
it my duty to say, in favor of putting far away
Ihe evil day. But, if war is to commence so early
as June, 1 must confess there are very strong rea-
sons why it should begin at an earlier period.
Aay measure we may adopt which will carry
ith it a repeal of the embargo, would, in a very
great degree, relieve the public anxiety. The
people have so long complained of restrictions
imposed by the embargo, that, like one laboring
under the hysterics, from an imaginary, ihey
have fallen into a real disorder; from which,
nothing will restore them but an eotirely new
course of regimen. And, whenever thia new
course should be administered, the body politic
has so long labored under this disease that it
would cheerfully submit to aoy other coarse the
Government may choose to pretcfibe. I do not,

.yGoogIc

mSTORT OP CONaRBSS.

Febkdaiit, 1809,

Repeal of tkt Embargo.

rR.

mjstU, coatiitt thia as a very overwhelmiDg ar-
gumeDt, yei, when we reftect ibat dut^ is peculi-
arly a QoTerDmeat of Ihe people, made by them-
selves, Bod for tbeir sole useaad benefit, and that
we, their Repreaen la lives, have been seUcied by
them to execute iheir will, it caonot be considered
as a very weak one. Od the whole, it appears to
me that the very caprices of the people must
tomelimea be gratified, evea at the expeuse of
tlieir interest. They appear very solicitous to
barter away the embaT([0 for aomeibiDg else, and,
for one, I am for gratifying them, even if this
something else were to be an immediate declara-
lioD of war.

Again sir, if you go to war, your object, at least
in part, is, indemoity for the past ; and where is
this to be fouud 1 Not entirely upon the ocean.
It is true, you will harass and cut up the enemies'
commerce ; but, as this is to be done chtefiy by
privateers, the booty acquired will not belong to
the Qovernmeni, but to private individuals, whose
valor has wrested it from the foe. This indem-
nity, then, must be sought, not upon the ocean,
bnt upon the plains of Quebec, and at Halifax;
in Canada, and Nova Scotia ; in the fisheries of
NewfoundlaDd, and the rich soil and extensive
forests bordering upon the lakes; and the St.
Lawrence, whose ample waters are deaiined, one
day, to waft the fruits of American enterprise and
industry, from their very sources, to the ocean.
If, then, Canada is to be attacked, your operations
ought not to be delayed till June, because this
would be giving the enemy time to fortify and
intrench himself, as well as to receive reinforce-
ments from Europe. The plan, sir, should be
DO sooner conceived than the blow should be
struck, if you intend to conquer; but, if you
intend to be foiled, and put to an unnecessary
expense and delay, then lake care to uolify the
world of your intentions ; but be sure not to com-
mence your operations till June, that the enemy
may be on bis guard.

Again, to delay hostilities till June, would pro-
tract the war at least a year, because it would
then be too late to collect your army, march to
Canada, make the necessary dispositions, conquer
and garrison the country, and bring back the resi-
due of your troops before the commencement of
the inclement season. In this case you would be
obliged to winter in the country, which, already
desolated by the scourge of war^ could afford you
but very scanty supplies; and, if unsuccessfnl in
the onset, you must either return to the States
without efieciing anything, or winter in the coun-
try, in the face of the enemy, under every disad-
vantage, both of shelter and climate.

On the whole, sir, if we most have war, be-
tween ihia and the first of June, and one of its
objects is the conquest of Canada, it is high time
we set ourselves about it in good earnest; and, in
my opinion, the sooner the better.

Thus far, in considering this subject, I have
supposed that war must necessarily and immedi-
ately follow a removal of the embargo. But, sir,
there are many, very many, within these walls,
and who belong to this Committee, who cannot
lOtbCoH.SdSBSS.— 4»

[>ersuade themselves that war must necessarily
be substituted for embargo. And if a measure
so distressing, even to the victorious, can be hon-
orablv avoided, who is there in this honorable
Assembly who will raise his voice in favor of a
state of things sn disastrous, I might say fatal, to
society as warl Here then, Mr. Chairman, a
very important question presents itself. Can the
embargo be raised, consistently with the national
honor and interest, without the hard necessity of
recurring to war as a substitutel Let us exam-
ine this question fairly, and with candor, for, of
all others, it is of the first importance to this

In the discussion of this part of the subject, I
shall be obliged to iadulge in a wider range than
I at first bad intended. In order, sir, to cure a dis-
ease, it is often necessary to know its origin and
causes; combat and subdue the cause, and the
effect ceases, of course. The first inquiry, then,
should be, what were the causes which produced
the embargo? To this question, sir, 1 answer,
without the fear of contradiction from any man ;
the British Orders in Council of November 11,
1807, and the French decree of November, 1806,
or rather the practice under it, which begaa
about the time the British Orders first made theii
appearance. I am aware that the British Orders
bad not been officially notified to the Americait
Government, at the moment of laying the em-
bargo; bnt the substance of them had appeared
in the newspapers, and were publicly read in thia
Hall, a day or two before the President's Mes-
sage Tecommendiag that measure was sent to the
House; and although we might not know the
precise details of those orders at the time of pasn-
ing the embargo law. yet we knew enough of
them to be satisfied that they were intended to
fatten the British navy upon the ruin and spoila
of American commerce. The orders of Bntaia
and the decrees of France, then, were the true
causes of laying the embargo; and to these edicla
the nation Oiuat not, cannot, submit. Sir, we, its
Representatives, in behalf of the people, have al-
ready pledged ourselves that we will not submit.
Tbis, then, is an axiom, a Grst principle, that lbs
orders of Britain and the decrees of France can-
not, and will not, be acquiesced in.

The bearing of those edicts, io relation to the
American commerce, being anticipated bv the
embargo, iheir deleterious effects have hitnerto,
in a great measure, been prevented. Our objee^
then, in selecting a substitute should be, to adopt
such measures as will meet them full in the face,
and thereby prevent them from operating inja-
riously in future. Raise your embargo, and the
bearing of those edicts upon your commerce must
be prospective, and if we are to content onrselvea
for the present with seeuiiiy for the future, it will
be sufficient, if your substitute has a prospective
bearing too, capable of resisting the orders and
decrees henceforward, and of preventing them
from operating iDJuriousIy in future.

War, sir, in order to be justifiable, is alwaya
retrospecliveas well aa prospective in its objects;
it seeks indemnity for ibc past, as well as aecntity

.yGoogIc

1S16

HISTORY OF CONGRESS.

1316

H. or R.

Repeal efthe Embar^.

FsBBnABT, 1809.

for the fuiurej and however OoTeranieiiig may
preieod ihey are justifiable in making an unpro-
voked attack, for the purpose of aTeriing a dis-
tant, and of course uncerlain eiit, ai was the case
with Qrest Britain in her assault upon Denmark,
yet I ihink no nation can be juiiified in com-
tDCDcing hostilities, unless those hostilities are

(;rouDdeduponiDJuries already received, for which
t if intended by the war to seek iodeninity. Let
Us, for a moment, examine the ^ound we have
already ukeo in relation to the orders and de-

In pursuance of a law of the last Coofress, the
President of the United Stales did, some time in
the month of June, propose to the British Cabi-
D<t to suspend the embargo, as to them, on con-
dition that the Orders in Council should be re-
■einded as to us. This proposition did not con-
aider indemnity for the numerous iniuriei we have
received *t the hands of the British nation, as a
tine qua non to a repeal of the embargo ; but, on
the contrary, it was a consent, on our part, to waive
all considerations of iDdemnily for toe psst, until
• season more propitious for negotiation should
present itself, and to content ourselves with a
bare removal of the Orders in Conncil, as a pledge
both of lecuTtty for (he future, and indemoity ^r
the past.

On this point, then, the Qovernment seems to
be eommiiied, for its Janguage has been, give us
a pledge of security for the future, and we con-
tent to waive indemnity for the past until a more
favorable and propitious moment for negoiiation.
A* this friendly proposition was rejected by the
British Cabinet, I acknowledge we are under no
obligation to it to pursue a course which would
have the same result of that proposal, had it been
acceded to by Greet Britain ; yet. if that propo*
sition was wise, and we can attain the end pro-
poeed by it, without recurring to the dreadful
ealamities of war. it is unquestionably our interest
and our duty to do so.

The arand consideration, then, is to find a sub-
Btitute Kir the embargo, which will meet the fu-
ture operations of the orders and decree* full in
the face, and will either secure ns against their
effects, or reduce the belligerents to the necessity
of becoming aggressors anew. Such a course
must assuredly be preferable to direct hostilities,
because it would give you a chance of avoiding
kostilities altogether; and because, if hostilities
must follow, you will throw upon your enemy
the odium of being the aggressor. Sir, I would
not be understood as iniinnaitog that Great Brit-
ain and France are not already the aggressor*,
but 1 am looking forward to ■ state of things sub-
aequeni to a repeal of the embargo. If, then, we
■re wilting to postpone a consideratioa of the
past to a season better adapted to a friendly dis-
enssioD of the points in diiTerence, and to regu-
late their conduct solely with a view <o the fu-
ture, then, 1 say, if we should be so unfortunate a*
to come again into collision with the belligerents
it will be all-important to ut, that we ■hoold
throw upuD them the odium of aggreasion. It is
to this Bouree alone we are to look for that spirii

of union and manly resentment necessary to carry
a Qovernment like ours through awarsucceas*
fully. It has been said, on a former occasion, (hat
Kings go to war to gratify a favorite, or a mis-
tress. This, thank Ood, it not the ease with Re-
publican*, who have oo favorites but their coun-
try, nor mistresses but the laws. Republican*
are rarely no intemperate as " to seek a quarrel in
the cannon's tnouih." They never go to war
until the general seotitnent, roused by some fla-
grant act of injustice against the State, demands
It ; and even then, if their resentment be suffered
a little to cool, there is no way of bringing the
public ^ulse hack again to a warpitch but by new
aggreuions from the aide of the enemy. We all
know we have ample eanse of war with Great
Britain ; and there was a lime when the people
of the United States, would, to a men, have dared
every danger to meet it ; bnt their resentments
have been suffered to cool, and instead of making
it a point of honor, they now consider it as a mat'
ter 01 deliberate calculation. If we have war, we
all wish that war to be successful; but, in order
to be successful, we must be united, and we shall
not be united until we have received new indig-
nities. But, it will be asked, What is this new
courae, this ttrand specific? I answer, to arm
against the illegal and obnoxious orders and de-
crees of the belligerents. But, say gentlemen,
will you arm against the British navy 1 Sir, I
would arm against her tyrannical orders (ooi
against her navy) for the purpose of bringing thi
subject fairly at issue. The project of armin.'
esBinst France no one will treat as ebimerical;
all sides of the House, and aspecially our frie^d^
in the opposition, suppose we are a full match for
her upon the ocean. France, then, we may fay
quite out of the reckoning. Thus, having hap-
pily got rid of France, we have only to contend
with the navy of Britain ; and how is this to be
donel Sir, I have already observed that the
object was not to Ggbt the British navy, but to
oppose the Orders in Council, and in such way
as to bring their hearing upon ourcommerce bir*
Iv at issue. Let, then, your merchants arm in
tneir own defence, and it they are suffered to pro-
ceed without molestation, (and vn-ily, sir. [ am
almost ready to persuade myself they would be,)
well ; but, if they are captured and condemned,
then we are at war ; and, England being again
the aggressor, the war wilt be popular. Either
alternative would be preferable to the present
stale of things, and there could be no possibility
of avoiding both of them. One or the other most
be our condition immediately upon a removal of
the embargo.

If, sir, I could persoade gentlemen to go with
me in the belief that a stale of things such as 1
have described would immediately iollow remo-
val of the embargo, no considerations could in-
duce me to suppose they would hesitate for a
moment to adopt the system I have proposed. A
fear of having the reputation of abandooio^a
measure which had been unsuccessful could have
no weight with the good aense and pairioti!>m of
thii houDiable body, if aaoh aa aipenioD should

.yGoogIc

131T

HISTORT OF CONGRESS.

Febbdamt, 1809.

Repeal tf the Embargo.

H. ovB.

be attempted ; but as tberecoald be no pouibilitr
of succeeding in the attempt, there can be do
reason for alarm from that quarter. Let ut ex-
amine this part of ihe subject a little mare mi-
nutely, that we may not mistake its eonie-
qoeticei.

If your mercbaots go out armed, Knd auSered
to proceed to their ports of destination without
being molested, we shall be perfectly secure both
in point of interest and practical reputation, also:
for who, in this case, would have the presumption
to say, the embargo was not tbe cause of this se-
curity? Had not ibe embargo been laid, theedicti
in question would not bare been eoforccd, and

Siur commerce would have been swept away,
ne hundred millions would hare beeo sacrificed
to slut tbe ararice of Britain or Fraaoe. Tbi
emoargo, then, will hare sared this immena
properly to its rightful owners, aod hare giren
II a permanent security. But, Air, if yonr proper-
ty should be arrested and condemned, what better
etidence could you have of tbe importance of the
embargo 1 This state of Ibiogs would clearly
demoasirate that it bad not only saved your prop-
erty from the devouring grasp of tbebelligerenia,
but bad also bitberlo preserved you from war.
This stale of things would also confute the arffu-
menls of our opponents, who have contended that
there was no ton of danger in resuming the nav*
igatioD of the high seas. All their logic upon
this subject would be ovenbrown in an instant.
The people would be satisfied that [he Govern-
ment was correct, and that themnelvet bad been
led into an error by the clamor of demagogues,
and the sophistry of sucb as make a point of rait-
ing at every act of your Government. And what
it more, sir, the spirit of impatience, loo often
niBnifeated against the necessary restraints of tbe
law, would give way to a just and fiery indigna-
tion against those freebooters who again nad
dared to rob you upon tbe commoa highway of
nations.

Sir, we have been told by a gentleman from
Vt^nia, (Mr. Bdrwell,) that tbe embargo being
a measure of precaution, by letting out your mer-
chants before yon are prepared to protect (hem
by war, would be coanteraciingtbe principle you
had assumed. This opposition must have been
predicated on tbe idea that the properly over
which tbe precaution had been exercised, belangs
to the State. Indeed, it belongs to the nation, or
r«tber to the individoals who compose it, and, in
this point uf view alone, bas the Government a
right, under the Constitution, to exercise this sort
of protection over it; but even this ceases tbe
Boroeat the property is in safety. The Govern-
ment, then, bas done its duty; like a faithful mon-
itor it has given the warning, after which ibe
individual ahould he left to manage his own
property agreeable to his own discretion, uqUm
weighty reasons of State should induce the Gor-
emment to control bim. So that, as a precaution
operating solely with a view of securing ihe prop-
erty of individuals from sudden danger, tbe Gov-
ernment bas nothing farther to do with it. Again,
the same gentleman has XM us, if you will raise

the embar^, you would have war in less than aix
weeks. This, sir, would be bringing tbe thing lo
a point; it irould unite the nation, and is precise-
ly what we want.

These remarks, sir, have appeared to me to be
pertinent to tbe subject before us. If, tberefore,
ibe orlociple of arming is to be adopted in Glling
tbe blank upon your table, we need not at all be
governed by a consideration of war. All. than,
ih«i is necessary, is to consult the general conve-
nience of our mercantile brethren. It wiltbere-
collected thai some of our principal seaports are,
at this moment, embargoed by the frost ; such aa
Philadelphia, Baltimore, and Alexandria; and
will probably remain so until the first of March.
It wonld be unfair, then, to raise tbe embargo at
a moment when tbe merchants of those cities
could not find their way to the ocean. And, in-
deed, were it otherwise, some little time should
be allowed in order that the citizens from ona
extremity of the Union to tbe other, might bava
an equal opportunity of finding a good market.

On the whole, I am of opinion thai ibe fonrtb
of March will be as generally accommodating as
any otber period that baa been mentioned, and
shall therefore vote for filling the blank with that

Mr. Qbolsoh said, he considered the time at
which the change of measures should lake place
to be equally important with ilie resolution itself.
Not one month ago, said he, Ihe House voted by
a very audible and distinct majority that the em-
bargo should be enforced and carried into efiect,
as Ihe best policy to relieve tbe nation from the
difficulties under wbtch it Labors. I have, tbere-
fore, fell a degree of surprise at bearing gentle-
men who voted in ibe affirmative tben, advocat-
ing now a sudden departure from tbe measure,
la noi tbe coosistency and dignity nf tbe House
involved in filling up the blank? Will tbe House
ofRepresentativesactlikeaparcelofscbool-boysl
Determined lo enforce the law,and then, without
ibe happening of any circumstances to induce a
:hange. suddenly depart from the measure ther
determine to enforce! Unless I was very mocii
deceived, I heard all the friends of the present
policy declare that their object was, ibai ibe meas-
ure should receive a fair experiment. If not, for
wbat reason was tbe act for enforcing the em-
bargo passed? For tussing that act, Congress
have been censured. The Federalists throughout
the Union have deooUDced us for giving to cua-
tom-bouses so much of what they ctHl Legislativa
discretion. 1 atk them, again and again, was all
this for nothing? If it is to be abdicated tbe fif-
teenth of thin month, I do protest that the pas-
sageoftheaupplemeataryembsi^o lawwasa rasb,
haMy, and inconsiderate deed, unworthy of this
Assembly. Whilst it was the opinion of most of
the friends of the present system, and mine, dis-
tioctly expresied on n former occasion, that the
ibar^o should have a fair trial ; that it should
carried into execution, and that, for that pur-
pose, the President should poiiseaa all the energiei
of the Stale; I wish ii to be understood that I was
out in faror of a piotracted embargo, after Um

.yGoogIc

1319

HISTORT OF CONGRESS.

B-ofR.

Repeal of the Embargo.

Pehrdabt, 15

penod should have arriTed which wonld prove it
10 be inefficjent, or sfier an act of evea halT jaa-
tice to ua. Let me ask, thfD, wbether the firsl of
June is more ihan ■ leasoDablp period 1 Wilt geo'
tlemen say that five moDths'embai^o (for,iiirthe
firit of Januaiy ii wa» little more than nominal,
being daily violated) is more Ihau a reasonable
experiment 1 I humbly coticeive not. A law has
lately been paned requiring the National Coud-
eili 10 assemble od the fourth Monday in May.
Now, upon a change of policy, (for ii appears to
be contemplated that we should have war of some
kind ; when a transiiioa is made from a calm and

Bacilic to A warlike altitude,) it will very possi-
ly produce some conTuUion that will render it
necessary that Congress should be here. Pot
what should Congress convene here, but to take
advantage of circum stances as ihey may arise?
IwantQotCongresstobebere.irneare to take war
on or before the fourth day of March. But, being
in session, and a change oi policy not taking place
till after Ihey meet, they will have it in their power
10 take advantage of any change in our relations.
Another circumstance operates on my mind. If,
ai is generally expected, war must ensue a repeal
of the embargo, 1 ask genilemea whether we are
at this time prepared for war? And I will refer
the House to arguments already advanced on this
■object. Have we an army already prepared?
Would you expect to conduct a nar with militia 7
On the contrary, are you certain that the militia
are constltationally qualified lo embark in that
kind of war in which we should, in all probabil-
ity, be involved 1 It is a serious question, sir
wfaetber tbe militia can be carried without the
limits of the United Stales. There is another rea-
•on wbicb weighs powerfully with me: it is b
respect for the character of the Government itself.
Tonr law has been wantonly and traitorously s
at defiance. The hardy arm of rebellion has bet
taised against you. Amidst the feuds of the Ea:
the law bas been liteai. I would sooner see ll..
country spill its best blood, than I would yield to
turbulence and faction the dominion of the law,
and, with it, the very existence of your Govern-
ment. Although my own constituents suffer as
much as any other, they wail patiently under the
laws which ihey pariahe in forming.

What an example will it be for future lipea,
if an inconsiderable portion of your citizens are
permitted to rise in opposition to the laws which
ate fairly and constitutionally enacted ? If mea-
■ures the most important he put at defiance by
factious individuals,goaded OH by avarice or worse

fissions, your Constitution Is not worth having,
have already remarked that I consider it neces-
•ary, for the sake of consistency, putting aside
motives of policy, ibat the embargo should be
protracted at least till June. There is another
consideration which perhaps is more powerful
Ihan all. It has been well said on both sides of
the House that ours is a peaceable nation ; that
for it we would sacrifice any other considerations,
than those of national honor. I hope the time
never will arrive when we jacrifice naiioDal char-
acter for peace. Although the Qoveromenta

which have injured us have man! fesled little J.
position to do us justice, I am witling, nay. 1 <:
' :ius. whatever may be said of the cop C rt
Llion or of paper wars, to have soother ctsa
for the renewal of intercourse.

lave understood from the poblie priai« ::
frnmeot vessels are about to leave thiici:
try for France and Great Britain. If ihex:]-
tions are apprized that we are determined Ut::;
a particular period no longer to endure the_'.^-
gresKions against us, that our forbearanc* r
speedily have an end, they may give to ibc;--
ferences between us a more aiteniive eonuls-
tion. Perhaps each mav think it better lo^. '
*ce than that we shall be added to the i..

ay c

there is at least a hope of it, I am i
to protract this measure till the first of Jaae.:^
'' disposition to friendly accomroodaiioo a
may avail ourselves of it. I suppose his
vould have ao objection to peace with Gm
lain, although I view heras our grand, nai.:i
and determined enemy — if she ttiU reipctt :^'
neutrality, there is nW much doubt as I: i-
other nation; it will be their interest tedaic
Sir, I have heard many argnmenis adnsT:
at difiereni limes by a gentleman from New T^r
at wbicb I have been astonished, parltcdtr.'yii
his apologizing for those who violate car
He was told in debate that they could notcc
to the present measure; that they could a:: ^^
dure it; thai it could not be expected of i^S'
When we hear langnage like this in thisHul.*:
are no longer astonished at circumstaDcei n::>
have occurred. Shall it be told to aaffwiioa^;
the people of the United Slates fro* tAii Halt,
that the people vill not consent taaiiw: that
they will not endure it, and that it aaooi M ei-
pecled of them 1 If they cannot cooaaLl'ei w>
other inference but ibey may rebcL Aciuit
not adoclrine which should be advocated by c*tn
one friendly to the Const itution, that evert Ter-
tian of the people ought to acquiesce in tkoRTi^a
of conduct in the ccactment of whieh they kir?
themselves participated? I should be nn ^M
thai i^eniLemen who bold and openir avoviaci
doctrines, would recoosidettheir obaerTaiiooittd
if compatible with their ideas of propriety wiKJt
hereafter abstain from such excitements. U^ci
a calm and dispassionate review of stick ripte-
aions. gentlemen rnqst, and I am lore vil. frs
sensibleof their mischievous tendency, and lK?e
will cheerfully revoke them. But the genilMU
from Connecticut (Mr. DtHA) has introdneti'-x
example of Virginia as standing out in oppcn^trs
to ihe sedition act. Sir, there never waia »:^
splendid and memorable triumph of law I's
public feeling than in the trial of CalloiiE.
There, where every one around the court exwi-
led the law, we saw its authority supported. Tk
statute said that what was published was ill«|i>
and seditious, and the judge declared tbe lav'':
be Constitutional. What did the people of VV
ginia do 7 They saw one of their citixens gDi:'>
aduDgeon by virtue of an act which tbeydeeM'

.yGoogIc

HISTORY OP CONGRESS.

1322

i'EBRDABT, 1809.

Repeat ^ the Embargo.

H. or R.

a be oppresaire iqi] coolrarr to tbe spiril of the
loDsliiulioo. Thejr disdaioed to oppow ibe ex-
euiioo of a JBW CoDstitutioaatly pused, and de-
lared by tbe judicial aalbortlr tu be Coniiitu-
cnal.

When ibe Tote waa takeo upon tbe reaolutioD
r the Com mitlee of Exterior RelatioDi wbich
lid that we could not coniisteally with our na-
ooal dignitr submit to the edicts of the bellig-
-eQls, and the gentleniBQ from New York an-
vered iu Ibe negative, I thought be believed it
> be a truism, but because il was an abstract pro-
ysnitya voted against it. Now I know not wbai

I think, because he has admoDished tbe House,
the embargo be repealed, not to bring on greater
ievaocM. If we are to repeal tbe embargo and
It to take any stronger measure, I beg of that
morable gentleman to point out what we are to

I I If we take off tbe embargo and oppose noih-
g between tia and taxation, we are to submit ;
id ibis doctrine lends to the most unequivocal
id uncoudilioaal submission ; and so far ai geo-
;meD contend for the repeal of tbe embargo un-
'oJiiioDally, and tbe adoption of no other mea-
re, do we hear .daw uright and base aubmisiion
vocaied OD ibis floor. I do not say that gen-
(neu mean lo submit ; but to me it is as clear
day, that the doctrine lead* to a dowuright
bmission.

When the gentleman from Delaware (Mr. VtK
tke) entered into a prolix review of the conduct
the Executire for the last five years, 1 did ex-
it that the Chairman would have called him to
ler; but such a latitude has beea throughout
■ session tolerated in discussion, that in future
lall scarcely expect any gentleman on aay aab-
t to be called to order. Sir, it would only re-
rre a very concise examiualion of tbe gentle-
n's doctrine lo demonstrate most clearly ihat
admit bis coDclusidus he must admit premises
which the people of the United States will
Iter consent. You must in fact admit the Bri-
1 doctrines of impressments itself. He says
it in January, 1804, the project of a treaty was
nsmiiied from the Department of State to the
mmissioner of tbe United Slates in London ;
t, although it was known to the American
verament that tbe principle of impressment
uld never be abandooed, yet subsequenily, in
17, tbe same concession from Great Britain was
isied on asaaineguanonin negotiaiioo. Now,
the gentleman aod I ere at issue as to the
luiple. If we had not a right at any time to
y tbe principleihat Great Britain may impress
lerican seamen when she pleases, the gentle'
a may be correct. [Mr. VaN Dveg said he
: spoken only of the impressment of Brilisb
men.] Mr. O. observed, that as he conceived
: subject to have no relation lo the question
3re the House, he would not persist in the dis-
^ion of il ; but that, take it as tbe gentleman
ised, bis argument was founded altogetbe
surrender on our part of the right of imp
it to Oreat Britain. Aright which the Amer-
1 people wilt never recognise.
Ir. Dana rose with > view that hia vote might

not be misunderstood, that be might not be sup-
posed in voting for repealing the embargo on the
Drst part of the proposition, to pledge himself as
to any other measure. Tbe only pledge for him,
then, to give as a member of the House, was the
fact, that 8 public trust was committed to him br
freemen ; and in execuiiog the trust according to
bis best judgment, his mind should be left freeu
the air, with respect to any ulterior question.
This however he was ready to say— if the alter*
nalires presented (o the House were to be only
those stated in the report of tbe Committee iM
Foreign Relations— oationalocclusion.orDational
submission, or national war with tbe belligerent
world, he was for neither of them. Il was enough
for him then, to say, Ihat he did not agree to either
of those propositions.

With respect to the general idea of going to
war, I have had some doubts at least whether we
should go to war very soon with France and Great
Britain; for if it be difficult to fight one of those
Powers, it must be peculiarly difficult lo fight
them both. Before we go la war, I have beenttf
opinion that those charged with the afiairaof the
nalioD, or at least some of the leaders, must make
one discovery. It is this — before we go to war
we should be prepared for il. To go lo war be-
fore being prepared for it would not become us aa
officers of the public, although aa ardor of zeal
even without preparation might be welt eoonglk
for mere recruiis. Before going lo war, a num-
ber of things might be cooveoient for waging it
to advantage; such as a military chest, because it
is necessary to have some monev, as well for tbe

Ky of troops as for various otner aipeadiiurea,
own to be requisite for the advantageous con-
duct of a war. Meo,ioo, may be wanted. Incase
of undertaking an expeditioo to Halifax, I have
thought thai it tnigbt be proper to consider wh^
ther we should go by land or by waier. If by
water, I have rather supposed thai we should not
go in gunboais. If by land, i have been dispoeed
to consider the distance, and to estimate bow
many leagues of forest in the province of New
Brunswick would intervene, which have not tieeB
traversed by aoy coosiderabte body of men, or in
which a horse-track or fooi-paih could scarcely
be found.

In travelling with an army, it might be proper
to consider how long a lime it would require to
make a road tbrongh such a forest, and whether
it was not probable that all the men who might
be employed in cutting il would be cut to pieen
before they could cut through the road. Baggage,
and some provisions, too, muKt be transported!
for, really, soldiers are such beings that ihey can-
not live wilboul eating. And I have been dia-
po!«d to inquire, in case of undertaking to march
througb that province a military force, with ba^
gage, provisions, military stores, wagons. Geld ar-
tillery, and battering cannon, what leogtn of lime
would be requisite Tor an army of the best spirit,
under commanders of the greatest talents, to ac-
complish it 1 Canada has also been mentioned ;
but tne season for striking a blow there has cer-
tainly passed away during the embargo. The

.yGoogIc

1323

filSTORT OF CONGRESS.

1324

H. or R.

Repeal of the Embargo.

Pebbdakt, 1809.

■pirit of faoniliiT which esiiied belweea the
NortherD piini of tbe naiion Bud CaaRdt
mioisbed. Tbe boandary lioe it imaginiry, )iB»ed
daily by those who are io ihe babit of perform*
ing offices gf friendibip towards each other, or ol
IraDMctiair bntincM ; and (has tbe spirit of boa-
liliiy 19 allayed. And, however once the inbab-
itant* of Canada might bave wished to be irnder
the QoverDment of the United States, that wiab
has ceased. For, however mtich we may eztol
the ptotectioD of the embargo, those who a year
aince perhaps were frieadly to you, would bow
■oi accept yoQr protection, For, whilit theypaj
ktit small OT no taxes there, and enjoy Tarioui pri-
vileges of freemen, they will not take your lazes,
and receive no privilege with them. If f ou were
to go to war now^ you would find that the zeal of
the JDhabitantaof toe United Stales, as to march-
ing into Canada, is very macb dimjaisbed. And,
rir, whea we come to consider the snbject, (he idea
of marching to attack a foreign territory is not
congenial with the habits of this country. How
much would tbe invasion of Canada cost yon? Yoa
woold want an operating army of at least 35,000
well-disciplined mea. Ate you ready to appi
priate ten millions of dollars for raising and so,
porting troops 1 With respect to marching the
militia into Canada, you might order them, but
I do not believe tbe^ will go. because I do not
believe that the militia can be eonaiituiionally

Huired to march beyond the frontier. I do not
ieve that you can make a law requiring the
march. For such reasons, among others, I think
that yon will not soon go lowar; especially
Tou cannot seriously ihin\ of going to war merely
nr (he sake of fighting, when (here is no proa-
p«ct of success. When you talk about going to
war without any systematic plao, it is to be
garded as merely theroetic.

On the question of enforcing the statatea of
embargo, 1 shall not enter into a pariicnlar exam-
inatioo of tbe subject ; but I agree with the gen-
tleman from Virginia, (Mr. QsoLBott,) that if
there be a rebellion agaiosl Ihe laws, you otight
to crosh it. If you know of the ezistrace of re-
bellion, put it down, or yon are unworthy to hold
the reins of empire. If you do not put it down
cease to call it rebellion. Take either alleraa-
tive. What has been ibe doctrine of every Ad'
ninislraiionl That insurrection should be put
down, if necessary, by arms. Was it not on the
■noiversary of the battle of Lexington, on the
19lh April, 1808, that tbe Presidentof the United
Slates issued his Proclamation for quelling an in-
surrection near Lake ChamplainT This, to be
sure, was so small an insurrMtioa or commotion
that it was not seen by any one on the spot. Con-
gress was then in session, and no information on
the subject was laid before at. Indeed, I believe
the Proclamation only states ■ prebabilitjr of an
insurrection. Now, ft has been stated on the floor
of Congress that there is rebellion in tbe land.
And here, let me ask, what was intended orpre-
dicied by adrocatesof tbe embargo,as to the eflects
on a foreign country? Wa* it not this: that it
wotild prodoce such efleels, lelatiTe to some of the

foreign Powers, as to cause iDSDrrectiona againat
Gh>veroment, and thus compel an accession to
your terms? The policy of your embargo was
a policy of iitsurreciion. And are you disposed
to say that the bitter chalice of trouble, which was
prepared for a foreign Government, is already
commended to the lipa of our own Ailministra-
tion % Are they even now drinking the ingredi-
ents which they had compounded (or others ?

Gentlemen should, in aome degree, be cautious
as to tbe language which they use on this floor.
When an tm ad versions are here made upon th<
people for want of patriotism, do such reproaches
become this House 1 Can the history of the world
exhibit tbe example of a free and active people
bearing so long, and withsomuch patience, meas-
ures which affect them so severely — which pro-
duce so much suffering? And are we so httle
acquainted with human nature, that we expect
our acts of Government to ba enforced by palri-
olism llooe ?

In a population of six million of whites, are
there to be none but patriou? More especially
when maojr men in the country have but recently
come into it. Do you expect all the people, with-
out any exception, to be palriotaf Do yoarCon-
stitatiou and laws suppose this? If so, for what
cause is tbe £lxeciitive Magistrate authorized to
display the swoid? No, sir; they have not been
weak enough to trust to patrioiism alone ; (her
were more wise. Some persons may have felt
indifference with respect to tbe policy of embar-
go ; and aome from principle, whatever they
might think of the policy, would abstain from
violating it. Some may have evaded it with
impuniiy, while they were uroed by the preeura
of want 00 (he one land, and tiy (he hope of pro>
flt on the other. Have you trusted to paitiotisoi
altogether? Wherefore, then, have your statutes
been passed with such ri^rous punishments?
You might trust to the patriotism of amajority of
the community; you might trust to tbe seoiimcDta
of tbe great mass of men who are interested in
maintaining the rights of property, person, and

(he laws, alihongh clearly Cons li tot ioaal ; and
'""ose you should calculate to put down.

Some questions, however, have arisen in rela-
tion to this subject, of a very serious and inter-
esting OBlure. Perhaps the House might not b«
williog to hear me express all tbe senumenti
which are familiar to my own reflection. Per-
haps, too, my expressions might be liable to mis-
construction, which, on such a subject, I should
by no means wish. On one point, however, which
has reference to the idea of the secession of any
State from the Union, or a dismemberment of the
Union, perhaps I ought to ssy something. All
this doctrine, for myself, I utterly disclaim. The
achievement of the independence of the thirte«a
~~iginal States, and theestablishmentof theCoQ-
tulion, under which they are united, are cod-
nected with too many precious, too many proud
recollections, to permit a man easily to iniok of
realizing a dismemberment of the Union so

.yGoogIc

1325

HISTORY OP CONGRESS.

1326

Fbbrdabv, 1809.

Repeal if the Embargo.

H.c

aebieTed and to established. Whaierer direnitj
of opinion, wbalever rivalry of Stafes, whateTer
jealousy of State umbition may exist, still ooe
aeDtiajeoi is lo be recollecled, aod it is one on
wbicb, wliea I menttoa it, I need make no com-
meot. Tbe distiaguisbed, the illustrioos patriot,
wbose memory is cherished io the Northern por-
tion of this Union, with a TeaeratioQ next to
idolatry, waa a setitlemati of Virginia. Inde-
pendently of all thoie recollections wbicb apply
strongly to tbe heart, and whicb mtisl so interest
alt hoDOrable minds as not to be driven from them
by any diversity of political opinion, for, among
gentlemen, there are some seotiments of honor
alwiys recollected io relation to each other ; in-
dependently of these, there are considerations so
strongly applying to what I deem tbe inleiest of
the BUtc from which I am a. Representatiye,
agaiost a sttparation of the States, and soch is my
confidence la the good sense, the strong practical
intelligence, and ine sound principles of my coO'
siitueoti, that, were every State near it to kolicit
a separation from tbe present Uoioo, and desire
the concurrence of Connecticut, supporting it
with all th« lalenia which those Siaies possess, I
do believe that, even myself, with my single tal-
ent, however small, could prevent tbe acceding .
the propositioa supposed. A reason for this opin-
ion IS, that, from tbe habit of education togethc-
and my knowledge of the coniequent uniiormi
of sentiment, I am very confident, on mature re-
flection, with respect to a subject of this nature,
the people of Connecticiit would generally adopt
the same conclusion wiib myself. And, in saying
this, sir, I request to he underflood as relying not
on any imaginary potency of my talent, but on
the prevalent power of truth.

"Vet, sir, be pleased to recollect that thij Gov-
ernment, according to Coostitutional principles,
is not a consolidated QuveromBot. I liave beard,
in the course of tbe present session, ao argument
against the embargo as being a lion.-olidating
measare; and reference was made lo the lan-
guage of a celebrated orator of Virginia, (now
deceased,) as to the danger of consolidation.
Since that time, I have been almost Bilonisbed
at the change produced in my own opinion ; for
tbe argun>ent vbich then seemed to have more of
eloquence and fertility of mind than of real so-
lidity, tbe argumeut whicb then seemed but spe-
cious, has since appeared to be hardened into so-
lidity by measorea which have been adopted. It
is well Known that this is a Qovernmeitt of lim-
ited powers; whco the members of the Oovern-
meot act without Constitutional authority, they
act as unauthorized individuals. In case of ques-
tions ariaiug, whether our acts are Coostitutional
or not, some, perhaps, might sav that our decision
should be regarded as infallible. Bui tbe Con-
stitution does not proceed upon the supposition of
the infallibility of Congress, or upon the suppoai-
tioD of Executive iniallibiliiy. The question,
remains, with respect to our acts, whether others
may not rightfully decide as to their constitution'
ality. Every member of Qovernmenl, who is
sworn to support the ConBtilulion, ha* to perform I

his pablic truft according to what be believes to
be tbe true construction of the rule of duty to
which he is bound by oath. According to this
principle, judges have doubted the constiiutional-
iiy of legislative acts, sod have considered them-
selves not bound to give efiect to any legislative
provision when clearly onconstilutiooal.

The elective franchise is of great use as well la
prevent the adoption of unconstitutional meas-
ures, as to guard against the abuse of powera un-
questionably delegated by tbe Constitution. If.
however, unconstitutional acts be adopted, are
they not acts of usurpation 1 Such acts, whether
adopted from patriotic motives, or otherwise, ara
not in pursuance of the trust committed to the
Qovernment ; and the members of independent
authorliiesj who are sworn expressly to support
the Constitution, ate sot to be considered as
sworn lo give effect to such measures. When,
therefore, a deliberative body is called upon to
act in aid of the statutes not Coostitutional, they
are at liberty to refuse. Thus the judges of courts
of tbe United States are considered as not hound
to afford any agency or aid toward carrying into

tutfonal. The Legislatures of individual State*
are also deliberative bodies. And some acl»
might be required from them for giving complete
effect to some of ibe acts of Congress. I will
cite an example. The act relative lo the militia
could not be carried into its intended effect witli-
out some legislative provisions on the part of the
State Governments. Such provisions have been
made, and the act has gone into general opera-
tion. Bat if any State Legislature bad believed
tbe act to be uncoastitutional, would it have been
their duty to comply with its unconstitutional
provisions? One State, I think, did omit, for a
time, to pass any act conformable to that act of
Congress, although not from doubts about consti-
tutionality, but Irom some other cause. I con-
sider, therefore, that tbe State Legislatures, whose
members are SHorn to support tbe Constitution,
may refuse assistance, aid, or co.operation, as to
an act of Congress which they sincerely believe
to be unconstitutional. And one step, furttter, I
think, maybe admitted. They may refuse Ue
co-operation of persons holding offices as agBQIa
loder the State ; for tbe agency of such persona
s tbe agency of a part of the Slate itself.

If we admit all these principles, geotlemeo
need not suppose that they in tbe least endanger
the Constitution of the Union; not io the least,
ir. But. if meitsures were pursued tending to -
lienate large portions of tbe people by giviDg>
effect lo noconstitutional principles, this miglil
expose the Union to the hazard of division, or to
the hazard of being consolidated by arbitrary
power into one Qovernment. The Legislature*
of individual States have motives of policy and
to decide io favor of acts of the General
Qovernment, because it is a common cause to
maintain legislative authority. Of consequence,
when a question is raised by a respectable portion
of the community as to the constitutionality ol
a ataliite, it should b« regarded as warning iha

.yGoogIc

1827

HISTOKY OF CONGRESS.

H. opR.

ffepeal of the Embargo.

FcBKnART, 1609.

Oen«al GoTernraeni to review the subject with
■erioni deliberBtion. '

Ferhaiii geoilemeD are not perfectly Bcquainied
with the DBture of lome proceediD^ wLich have
taken place in the Comraonwealih of Massachii-
iclts, or wild the nature of their town meetings.
Those primarjr aunnbties of the people exhibit
the great force of ihe principles of free Govero-
meal. They are bodies legally conitituted, with
the power of niaking local i^ulations, sod of
imposing taxes upon thprnselTet; they are meeE-
iogs convened in strict form of law, as much so
as when the President of Ihe United Slates issues
his Proclamation (or ■ meeiiog of Congress.
When assembled they proceed to choose apersOD
10 preside in a manner as conlbrmable to law as
the choice of Speaker of this House ; and order
may be maintained there with as absolute cer-
tainty as it Is hercj for the officer who presides
nay lequJre the assistance of peace officers. In
those places, their military men assemble; the [
men and officers there meet on even floor, and '
deliberate freely. Thus the meetings may exhibit
what is resolved upon by the mass of fighting
men. They are assemblies to which the people
are perfectly accustomed, id which all legally
qualified to vole are admitted, and in which they
all may express their Beniiments on their common
concerns. They are seen proceeding wiih much
deliberation and with mucn caution to judge and
decide on what they believe to be proper lor
them according to the Constiintional law of the
land. Instead of thinking them icaretly worthy
of notice they should rather be regarded with pfr-
caliar atteniioo.

Much has been said as to the example of Vir-
ginia in relation to a trial under the statute of
the Uniled States, called the sedition act. Thr'
was a case, sir, in which a statute could not g
into effect but through the medium of a cour
The court gave its aid, pronouncing the act i
question to be Constitutional. If, however, ■
act were never to come before the court, and the
Stale officers were called upon to execute it,
would present a very different case. There w
an iniurreciion of unauthorized individuals
PenDsylrania agaitist a law of the United States
which was certainly Constitutional. I recollect
that much was heard from Virginia about the
(rial alluded to. Resolutions and addresses of the
Virginia Legisbture were passed about iegisli

■judic

Mr. Obolson asked leave to correct Mr. Dana
as to facu. The resolutions of the Legislature of
Virginia were antecedent to the trial of Cal'
lender.

Mr. Dam* would mention some other trials foi
■apposed libels or sedition. There is a case no««
coming up to the Supreme Court of the United
States. It is the case of a prosecution at com-
mon law for supposed iibel, or sedition, or slan-
der, insiituied before a circuit court of the Uoi-
ted States, conducted by an officer appomted
fay the present President of the United States.
There have been instituted before the circuit
court of the United States in the dittiict of Con-

necticut, wilhin about three or four yeara past,
seven or eight prosecutions at common law for
libellous publications, or seditious or slanderous
word' against either the President or Congress,
or some portion of the Qovernmentof the United
Slates. Some of the prosecutions have been at-
tempted to be carried at common law beyond
anything ccnlained in that sedition act of which
so much has been said. These are facts well
known. The district attorney of the United
States has conducted the prosecutions. To b«
sure, no persons hare ever been punished under
them, because it always so happened that there
has been some error iu the business, some defect
of skill or attention in the attempt to bring up the
question which it was wished to have decided by
jury. I do not mean to charge the public prose-
cutor with purposely leavinga deficiency in these
cases bo as to liberate Ihe persons prosecuted.
You msy judge of the nature of ihe prosecutions,
when I observe that a judge of the highest court
of law has been prosecuted in the name of the
United States forasupposed libel — a man eminent
for his personal wortn, professional talents, and
literary acquirements. One of our most distin-
guished clergymen has been indicted, and ano-
ther clerical gentleman has, [ think, been corn-
prison. Two or three of the editors oT
newspapers have also been indicted. All theae
prosecutions have been had in a court of the Uni-
ted Stales. Yet the people had made no noise
whatever about them alirosd They suppose that
the inflaence of the Executive adminisiraliou of
the Uniled States, however great, was directed
against that small State; but they hare never
implained to Ihe other States, or asked aid of
ly other State about the affair. The judges of
e court have both been appointed by the pres-
ent Administration ; they are, however, of distin-
guished professioDal talents, and I recollect no
reproach cast upon them as to any decision in
these prosecutions, even by those more opposed to
them with respect to political opinion. The
Lieutenant Governor of the State has been ar-
raigned before the name circuit court. Ahhougtt
it was painful to see the second magistrate of the
State subjected to such a prosecution, and al-
though it was felt as an insult upon ine State,
yet, for Ehis,noopprobrium was cast on the court.
The prosecution was ultimately abandoned — un-
questionably, it could not be BUsiained where law
and justice were respected. When gentlemen
say so much of one prosecution in Virginia un-
der the aedtiion act, they are desired to reflect
that the smalt Slate of Connecticut has borne all
these prosecutions. It is a State which never baa

S'veu a President to the United States, and per-
ips never will. The prosecution now pending
at common law for supposed libel or sedition, is
suffered (o proceed witnoat disturbance.

When Mr. Daha had concluded, the question
was taken on filling the blank with the first daf
of June, and ne^tived — 73 to 40. The Commit-
tee then rose, without taking any other question,
58 to 5C, and had lea*e to sit again.

And on motion the House adjourned.

.yGoogIc

mSTORT OF CONGRESS.

1330

FBBRDAer, 1809.

Ditburtement of Pitblic Mimeya.

H.ofR.

oidered to

Fbid&t, F«brQary 3.

The Speaker laid before the House a lelteT
from the GoTeroor of the State of PeDDaylTanja,
■ccompBoied witb such returnias haTe beeo trans-
mjiipd to hini.of the election of memberi toserve
in (bis House from ihe said Stale, for the term of
Iwoyrars, comtneDcing the fourth of March oext ;
also, ihe copy of a proclaiaalion issued bf the
said Oovernor, relative thereto; which was read,
and, logether with the said reluros and pToclama-
tioD. ordered to lie on the table.

The SrEAKEH laid before the House a letter
from the Secretary of War, acQompanyitig his
report on the petiiioo of William McLalaod, re-
ferred to him by order of the House,
teentb ultimo; which were read, aoi
b« referre-d to the Committee ofClai

The Speaker preseoied to the House a memo
rial of sundry citizens of the county of Harrisor
in the Indiana TerritOrv, praying, for the reason
therein set forth, that ine ordinance of Congres
for the Eovernment of (he said Territory, passe
on the l3th of July, 1787, may be so revised an
amended as to vast in the people of that Terriior
the power of electing their delegate in this Housi
for the same term of lime, in the same manne:
and by the same persons who elect the membei
in the House of Representatives for the Indian
Territory. — Referred to the Committee of the
Whole to whom was committed on the twenty-
sixth of December latt.abill extending the right
of suffrage in the Indiana Territory, and for otQei
purposes.

A message from the Senate informed the
House that the Senate have passed a bill, eotitled
"An act authorizing the sale and grant of a cer-
tain quantity of public land (o the Chesapeake
and Delaware Caaal Company ;" to which they
desire the concurrence of this House. The Sen-
ate have passed a resolution for the appointment
ofacommitiee on their part, jointly, witb !iuch
committee as may be appointed on the part of
this House, to ascertain and report
eiamining the votes for President and Vice Fre-
sident, and of notifying the persons elected of
their election, and for regulating the time, place,
and manner of adminislaring the oath of office to
the President ;" to which they desire the concur-
Tence of this House.

Mr. Van Dyce, after presenting a memariat on
the subject, offered the lollowiog resolution :

Saoktd, That the Secretary of War b« directed to
inquire and report to this Uanse whsther it be expedi-
ent to erect at or near Wilmington, at or near New-
caatle, at or near Port Fenn, in the county of Newcas'
tia, and at or near Lewis, in the county of Snuex, in
the State of Delaware, one or more tuttariei or fortiS-
cations, for the protection of the said towns, and the
eonntiy sdiaeent. And, in case he be of opinion that
it ia expedient to erect each bettsriei or foitifieationa,
that he report whether any, and what, additional
appropriations be necaasary for Ihe purpoM.

The resolution was supported by Messrs. Van

Dykb, Pitkin, and Lton, on tbe ground that it

waa only intended to bring the subject before tba

Department of War, that it might reeeire the
attention of the proper officers; and opposed by
Measrs. Maook, D. R. WtLUAua, and Blocht,
because it was unusual to act on Ihe subject of
fort iiieati ops specially, as the subject had been
Iways conMdered as a oaiional one — the ezecu-
on of the law on the subject resting solely with
the Executive officers. The resolution was neg-
atived—ayes 23.

THOMAS PAIHE'S PETITION.
Mr. LvoN rose and observed that he had seen
araorcing paper, that the Committee of Claim si
had reponelthatThomasPaine should have leave
withdraw bis peliiion; and, on examination,
had found that that report was ordered to lie
the Clerk's table, without the usual order for
niiog the memorial and the accompanying doe-
lents. I confess, said Mr. L., I was astonished
Shall ii be said of this nation that

Thoi

;, the

whom this

e has been memo-

indebted for its independei
living being; (hat its Lerisl

rialized by this same Thomas Paine, intimating
that be is in want, and that he is willing to accept
of pecuniary aid on account of those ine'limable
eervicesrendered the American people, when they
were growing into a nation — ^hnll it be said of
this nation that they are as ungrateful to their
benefactor as tbe Romans were to their Belisa-
riusl I did not rise, sir, to express my feelings
on this subject. I must reserve myself for a more
proper opportunity, when I shall move, if no other
gentleman does it, that Ihe report of the Commit-
tee of Claims be recommiileo, with instructions
to that committee to report Iheir opinion of what
the justice and the honor of the nation requires to
be done for Thomas Paine. lo order to prepare
ihe mind of Ihe House for this question, 1 move
ihat the report of that committee, together with
the accompanying documents, be printed. Mo-
tion carriea — ayes 58, nays 19.

DISBURSEMENT OF PUBLIC MONETS.
Mr. Rasuolpb saidj he rose for the purpose of
aking a motion which he had expected and
wisheJ should have come from some other qoar-
ter; but he said he conld not reconcile it to him-
be wanting in what he conceived to be his
duty as a member of the House, in the hope that
that duty would be more zealously performed by
others, especially when he perceived no prospect
of its being, in relation to tnis particular o^eei,
performed at all. I believe, sir, said Mr. R., it
will not be a new thing to ymi to be told ibat
rumor — and someihiog more than rumor, loo —
has gone abroad respecting the application of pub-
lic moneys. AmonK the dulies — and among the
rights, too — of this House, there is perhaps none
so important as tbe conlrolwhicb it coostituiion-
ally possesses over the public purse. To what
purpose is that control 7 The mere form of ap-
propriating public money, unless this House rig-
orously examine into the application of the money
thus appropriated ; unless the House examine if
the amount of appropriation is exceeded by the
expenditure; Dririlbemiiapplied,(bali*,ifmoner

.yGoogIc

ISSl

HISTORY OP CONGRESS.

R^eal of the Embargo.

Pebicaht, ]

MptopriaUd Tor ooe object bg ezpended for aoo-
tDer;uDleMwedo ibiB,Bir, our cootiol over (he pub-
lic pune is t mere name — aDempiyshadaw. I now
lise, not only for tbe purpose of auerliDgthii rigbt
on ihe part of ibe House, aod ezercining wbat 1
coDceiTe (o b« mjr duly to it aod lo the people
whom I represent, but alio for the purpoae of tid-
dicatiog, in Ihe odI^ way ia which J( crd be tiD'
dicated, the reputaiioD of the QoTernmeat under
which we lire — I mean ihe AdmiiiisiraiioQ.
Whenever charges are brought against any Ad-
miDiMraiioo, the onlv way in which ihey can be
repelled, is hy a frana, full, and impartial inouirj
inio the matter constiiuting those charges. This
ii Ihe only mode in which the honor of any Ad-
miDintration, in a Government like ours, can be
Tindicated. You must well recoiled, nt, that in
the first session of the siith Confess of the Uni-
ted Stales— a period, sir, to which I delight to
recur ; it gives me pleasure lo look back upoD it
■a the era of a glorious reformation — an act was
passed fixing toe Military Peace Establishment
of the Uoit^ States. The fourth section of this
act establishes the pay of the officers, non-eom-
missioned officers, and privates. 1 will read it :
*■ That the monthly pay of tfaa offican, non-coaaii»-
doiwd affioen, mnudans, and priiates, be u lblla»s>
to nit; To the brigadier geoaral, two hundred and
twentj'fiie dollars, which shall be bii fall and snliie
compenntiaD, without a right to demand or receive
any ratiana, forage, trBvrlling expense*, or other per-
quuite or unatument whatever, eieept such stationery
ma; be requisite for the use of his department," &c.
were the words of a statute
lO one on ibis fioor knows
than yourtelf why it was made thus expli
cil. It issaid,(wiih what degree of truth remains
for us now to investigate,) that, in the teeth of
tint Btaiuie, advances — acd to a considerable
amouDt beyond the emoluments thus provided by
law, bave been made by the War Department to
ibe brigadier general. There is not a single de-

Sirtment of this Oovernmenl — not a man in tl
,d ministration — against whom I would credit
charge of this sort with greater diffidence thau

r, perhaps, si
more explicit; and do one on ibis

REPEAL OF THE EMBARGO.
Mr. D. R. WiLLUHs moved that the Honae
again resolve itself into a Goramitieeof tbeWholo
on Mr. NicBOLaa'a resolution.

Mr. Tbodp moved to postpone the further con-
videraiion of the subject iudefinitety. [This mo-
tion was uudersiood to contemplate putting the
subject completely at rest.] Mr. Tbodf's moiioa
was negatived — yeas 26, nays 93^ as follows:

¥■«■— Willis Alston. Jr., David Bard, BnrwaQ Ba*-
Mtt, William W. Bibb. Tbooias Blount, William Bai-
ler. Joseph Calhoun, Matthew Clay, John Ckipton,
John Dawson, Josiab Deane, Meshack Prvnklin, Jamea
Holland, John O. Jackson, WilUtm Kiikpairick, Na-
thaniel Mason, John Morrow, John Porter, Banjunin
Say, Ebeneier Seavcr, John Smilie, Richard Stanrord,
John Tsjlw, George M. Troup, Jeaee Wharton, Rob-
ert Whitebill, David R. Williams, Aieiander Wilnn,
and Richard Winn.

Nais — Lemael J. Alston, Etekiel Bacon, Joaeph
Barker, John Blake, jr., Adam Boyd, John Boyle, Rab-
eit Brown, William A. Bnrwell, EuphFodilus Cham-
pion, Martin Chittenden, Orchard Cook, John Cnlp*.
KIT, Richard Cutts, John Davenport, jr,, Joseph Deaha,
sniel M. Durell, WUUam Ely, John W. Eppea, WU-
liam FiDdley, James Fiak, Francis Gardner, Jamea M.
UarnelU Thomas Obolsoti, jr., Peterson Gnodwjn,

_^ t ihe Secretary of Warj so long have I

been acquainted with his ecouoiDy, regniaiitjr,
and strict attention to keep the expendiiureof hir
department within tbe annual appropriation madi
by this House. But this very circumstance— thi
high repuiaiioo of this officer for regularity an<
pUDCtuality, renders his claim to investigation into
this rumor but tbe more strong, and unites hit
interest with that of the American people and the
duty of this House to induce the passage of ihe
lesoluiion wbieh I now submit:

Seiahed, That a committee be appointed to
whether any advances of money have been n
the Commander-in-Chief of the Army, by the Depart-
ment of War, contrary to law ; aifd, if any, to what
aaount"

The resolution was adopted without debate —

Sea 25 — and Messrs RaNDOLPB, SuiLiE, John
OKTOOMERI, TiYLOB, and Johhsdn, were ap-
pointed ihe commiltee.

Isaiih L. Green, John Harris, John Hcister, Willrara
Helms, Willintn Hoge, David Holmes, Benjimln How-
ard, Reuben Humphreys, Daniel Ililey, Richard Jack-
- Robert Jenkins, WslterJone^Jsmes Kelt;, Thos.
an, PbibjiB. Key, John Lambert, Joseph Lewis, jr.,
Edward St. Loe Livermore, Edward Lloyd, John Love,
Matthew Lyon. Robert Marion, JosisJi Masters, Williua
McCreeiy, William Milaor, Danial Montgomeij, jr.,
John Montgomery, Nicholas R. Moore, Thomas Moon,
Jeremiah Morrow, Jonathan O. Mosely, Gurdoa 8.
Mumfbrd, Thomas Newbold, Thomas ffewton. Wil-
son C. Nichotsa. Timothy Pitkin, jr., John Pagh, Jo-
siab Quincy, John Randolph, Jo^ Rea of Pennsyl-
vania, John Rhes of Tenneaaea, Jacob Richarda, Mat-
thias Richards, Samuel Riker, John Rowan, John Rua-
sell, Lemuel Sawyer, Samuel Shaw, Jamea SkiaD.
Dennis Smelt, Jedediah K. Smith, John Smith, Bamnd
Smith, William Stedman, Claraent Storer, Lewis B.
Sturges, Peter Swart, Samuel Taggart, Benjamin Tall-
madge, John Thompion, Abram Trigg, Jabra Vphtm,
James I. Van Alen, Philip Van Cortlendt, Nicboiaa
Van Dyke, Archibald Van Horn, Killian K. Van Sena-
selaer, Isaac Wilbour, and Nathan Wilson.

Tbe House then resolved itself into a Commit-
tee of the Whole on the sabjeci.

The qoesiion being now on filling the blitnk in
lie resolution for repealing the embargo and is-
iiiog letters of marque and reprisal witii the
fourth day of March" —

Mr. MoaELGV said he did not riae |g detain the
Commiltee wiih many remarks at this time. U«
could not but express the graTifiealioD he felt at
the vote given in tbe Committee sgaioal filling
blank with eo distant a day as the firai of
June. He said be should be in favor of the e»r-
ieat day. Having begun a good work, he hoped
they would go ou with it ; and, for himself, he
could truly say, that everf step they proceeded in
it, he should go on rejaieias.
It did appeal to him that Ihe same retuoos

.yGoogIc

HISTORY OF CONGRESS.

Febrdart, 1809,

Repeal of the Embargo.

H.o

which ioduced E^nilemen !□ eonsenl lo « r^ppkl
of ibe embarao- at all must operaie in fsTor of a
•peedf repeal. One powerfal reason, and which
he should Eoppose of iiself suSeieoi, was,
multiplied eva-sioDs of the embargo acts, in
fiance of every effort to enforce ihem. It is said
by Eome that they are violated only by the worlh-
leu ■□■! unpriocipi^d part of the commuoiiy. If
this be the fact, so much the worse. It proves,
only, that some adreutarers are growing rich by
ibeir transgressions of the embarsa acts, while
the regular and fair traders are sufiering by their
obedience to them.

On the subject of the riolniion of the embai^
acts, he thought gentlemen had been in the babit
of imputiog the oiarae rather too much to ibe peo-
ple of the Northern and Eastern Slates. Some
gentlemen have seemed disposed to confine ihiii
charge almost delusively to what they are pteac-
•d 10 term the Old Tories and Frderalists of the
North. They may, perhaps, be worse in theory
but, if reliance is to be placed npon siatements
which have been made, they are not much worse
in practice than the Young Tories and Democrats
of ihc South. These at least, it appears, are apt
scholars; who, according lo iheir opportuni;ies,
bave not been behind their brethren in the North.
The trulb is, the violations of the embargo acts
are not confined to any particular section of the
country, or lo any poliiieal parly. They are
kiwwD to be so general, and so numerous, as to
render the embargo utterly DugBlory and ioeffi-
caciouB, even in the estimation of those who have
been most partial lo ii ; and, if tbe remark made
by bis honorable oolleague, fMr. Tam.madoe,)
"that tbe funeral of the emoargo had already
gone by," might not, by some, be considered as
strictly correct, be would venture to assert that it
coold not long survive. It was, now, literally
"dying of ibe doctor." The last prescriptions of
its physicians had proved too f>owerful. They
have bad a most unfavorable operation. Some
gentlemen imagine that a slight inflammatioa
only has been excited, and that a little phlebot-
omy would at once allay it. He apprehended
there would be greater difficulties in applying this
remedy than gentlemen were aware of. Bui, as it
might not be perfectly plearant, nor, perhaps,
proper, id this place, to dilate upon this suMrct,
he should dismiss ii. He could not, however, help
noticing a remark of an honorable genllemBn from
Virginia, (Mr. Qbolson.) that sooner than be
would be deterred from enforcing these laws,
"^ he would drench the nation in blood." Surely,
tbe gentleman could not be serious in tbisdee-
laratiuD. Would be, or would any gentleman
professing an aitacbmeat to a republican form of
Gkivernment, a sovernment of laws founded on
the afTeciioits of the people, wish lo have re-
course to sucb an eipedtent aa ibis, to embrace
obedience to odious and unpopular measure 1

But ID me gentlemen, who declare that they are
not disposed to proceed to extremities and to at-
tempt compelling obedieace to the embargo acts
at the point of the bayonel appear lo be grieved
and almost offended that tba peopla, «t)d eqie-

citlly the commercial class, should be so blind
to their own interest. They declare that all they
have done has been from motives the most friend-
ly to commerce, end that hereafter they never
would lift a finger for its protection.

He could not doubt tbe sincerity of their decla*
ration ; but in the opinion of those most interest-
ed they bad taken rather a singular and unfor-
tunate way of showing their friend shi{i ; and
provided they should ever feel their affections for
commeroe rising again, he hoped tbey would not
give her such another fraternal embrace as en-
tirely to slop her breath ; to slagosle her blood,
and absolutely la kill her out ol kindness.

Mr. M. said, now he was up, he would make a
single remark upon the secobd branch of this re-
solution, authorizing letters of marque and repri-
sal. He should be utterly opposed to this, because
he considered it as equivalent to a declaration of
war, and he was by no means prepared to give bis
sanciion to any hostile measures at this time.
Before we resolve to rush into a war we ought
coolly and dispassionately to consider the policy
of such a step, to weigh well the probable advan-
tages, our capacity of carrying it on with suc-
cess, and the prospect of unanimity in the nation.
He did not believe that a war al this time would
be proper.

As to the embargo it bad been fullylried. Rxi-
perience bad clearly evinced its impolicy and in>
efficacy. The nation were sick ot it. And he
considered that the most imperious reasons must
present themselves to'ibe minds of gentlemen in
iavor of an immediate repeal. lis longer con-
itauance, he contended, could produce no possi-
ble good, and migbt be attended with the most
calamitous consequences.

He hoped, therefore, ifaat ihe embargo v

he had no doubt bad excited tbe most pleasing
hopes and joyful anticipations in the nation. Let
us QOidisappoioi them— let us not dash from tbeir
lips the cup of bliss which we bave held out to
ibem, unless tbey will receive it from our hands
mixed with an ingredient, deadlyand desiructivel

The question was now taksn on filling the blank
with tbe fourth day of March, carried ayes 70.

Tbe question then being about lo be put oa
that clause of ihe resolution contempUiing ibt
repeal of the embargo —

Mr. Randolph said, that he had Voted agninsl
filling tbe blank irt the resolutidn with the 4lli
day of March because, if possible, he could hav*

■ ■ ' ■■ ■ inghov

wished an earlier day; r

own mind the right, when the question should
come before the House, of agreeing to that day,
if an earlier could not be obtained. He hoped,
and the prospect which presented itself thai morn-
ig gave hin good cause to hope, that the com-
iittee would agree to that member of the reso-
iiion which was then before ibem. For soma
time past be had been an inactive, ihongh not an
inaileniive observer of the'proeeedings of Con-
gress. He did not know whether he ought not
to rejoice at the physical ineapacity wbicb had

.yGoogIc

mSTORT OP CONGRESS.

H. or R.

Repeal oj the Embargo.

Febboabt, 1809.

prevrDted him from tailing a part in tbose pro-
ceeding). Tbej had been such as(un(il now) lo
fill hii mind Willi great ipprehension and alarm,
beeauie the^ hid bitherto indioaied a great want
of concern, doI lo nj disunioa, lamewhere. He
would bare deemed it ona of the most calamitous
«Tenu that could liave befallea [be country, if,
after the progress wliicit had been made in the
canaideration of the motion of the gentleman

Whsrefore should he so baredeemed it? Because
it would have indicated not merely a want of can-
cert and of union in the Csbiael and Councils of
our country, hut be feared it might have led to a
state of tilings which he would not then attempt
to anlicipaie. The plain, broad, open road for
efery Gbremment to pursue was that of common
aense and decision — common aense in theory;
decision In eiecution. If, as tbey bad been told,
there existed dissatiifaetion, murmuring, discon-
tent i a spirit, if not of insurrection, al least lead-
ing to Insurrection against ibe laws ; wisdom and
policy required either a prompt subdual of that
spirit, or an immediate yielding (o it— one, or the
Other, [t was the halting between these extremea,
sn oscillating, hesilating, leni periling^ tampering,
patching-up policy, that brought ruin on every
nation, to situated. The history of our own Rev-
olution laugbt thii. The conduct of the British
Ministry to the American coloniet, he supposed,
would have impressed this principle on the mind
of every man. What was that conducti Marked
by a spirit of irritation and indecision. While
we were irritated on the one hand, we were un-

all. He therefore congratulated the House and
the nation tbat this system— ir system it could be
called — wasabont to be given up ) that the hopes,
the wishes, the feara, erery strong passion of the
public, were no longer to be sported with, that the
example of Lord North was not to toon to be lo.ti
upon us. Bir, said be, if my voice will permit
me, 1 will state another subject of congratulation
lo yoo and the Committee. It is, that during this
period of general distraction— I hope no genile-
mao will attach any bad, or wrong seme to the
word, but that it will be taken (as I uiter it) to
mean a difference, a contrariety of views and
opinioDs— there being hitherto perhaps no ten
men to be found in this House who could agree
ttponaayaffirmatirepropositioQ — amidst this pub-
lie diittaciioD, it is a subject of consolation to me
that we have not, as yet, compromitted the safety
of the State; that during tbii long and tedious
political malady under which we have been— and
not without some shadow of reason — so extremely
peevish and fretful, the body politic has sustained

Grbaps no radical injury ; and that, now, by a
ppy determination to the surface, the disease it
likely to be wholly thrown off.

By some it might be thought that in the wide,
and perhaps wild rangf, which he should take
upon ibe subject, ha was violating the rules and
„ J r .1.. ti Ott ihii tubject he miut be

orders of the Hon

permitted to say that there was not a single <fuea-
lion ; not eveo that of Glliog a blank in the reso-
lution under consideration, tbat did not involve
every foreign, and he might almost say every
domestic relation of this Union. It was impos-
sible to discuss a subject of that great and mo-
mentous national importance witli the dry miD-
Utenesa of a special pleader — not to travel out of
the record, or to be tied down lo the matter eoa-
tained in the declaration. And permit me, sir,
said Mr. R. to add that so lonr as I escape the
correciioQ of the Chair, 1 shall leel myself at lib-
erty to proceed, whatsoever may be the opiniont
as to order of other gentlemen.

There are occasions in which to speak of aof
man to bis face in a certain strain, ought to be re-
probated and stamped as the vilest adulation; but
there are other occasions in which not so ioi<peal^
to restrain the feeliogs of a full and oversowing
heart, subjects perhaps to colder, but far bitterer
censure. I shall ditmiia this topic, theo, by say-
ing, that yoa,3it, have not so long presided in ths
assembly, with to much reputation to yourself
and benefit to the State, to bt now schooled ia
your duty by the youngling of yesterday. And I
say it, because a Chairman of this Committee
would certainly very grossly depart from rule
and order were he to rise to vindicate his conduct
in ibis ataembly, from any argument of it by a
member.

in the train of argument which he should pur-
sue, Mr. R. really did not think it at all Dccestarv.
with bis friend Irom South Carolina, (Mr. D. R.
Williams,) or the learned gentleman from Con-
necticut (Mr. Pitkin,) togoioiaaminute calcu-
lation on the subject of the revenue or debt of
GreatBritain,arot tbegrotsproductsofdutiesderi-
ved byherfromtheimporutionofWesiIndiacam-
modities. Such calculations ought not to enter
into any determination of tbat House; for, how-
ever he might be made to appear on paper, and
whatever might have been said on the subject
.from the days of David Hume, and Dr. Price, to
the present hour, the continental enemy of tbat
Power bad, for at least half a century, been de-
ceived in his reckoning as to her time of bank-
ruptcy. Tbat subject had baffled all the calcula-
tion of political eeooomislt. Aud really, sir,
said Mr. R., it is hardly worth our while, after
Bonaparte, like Canute of old, has set down on
the seashore at Boulogne, vainly waiting for the
great tide of British wealth to recede, to lake
measures, here, bottomed upon calculations of hec
being unable to carry on the war for want of ca-
pacuy to raise (he aupplies. It ia a well esub-
listaed fact that the gross revenue of tbat Etogdom
was for the year 1807 (esclusive of loans and the
revenue derived from Ireland) sixty millions ster-
ling; aod that collected at an ezpenseof £4 5«. per
cent. Thiaia answer enough to us, on the subject
of her being unable to carry on the war for wmot
of resources, particularly when we look iMck to
our own revenue, the expense at which it ia col-
lected— and more especially when we look at the
proposition of our Chaocellar of the Bzebcquer,
the Secretary of the Treasury, to carry oa the

.yGoogIc

mSTOEY OF OONGEESS.

Febbcirt, 1B09.

Repeal ef the Embargo.

H. OP R.

wir (should we engage io oae) wilb loans, exelu-
sir«ly. It is an ample, a reduadanl answer.
Shall we calculate apon the failure, for want of
revenue, of a nation whose aooual loans bear to
traall a |iroporlioc to bei whole receipt, (in the
year which I have quoted, about a fourth,) whilst
we ounelves are told that loans muit coasiiiute
nearlf the whole of our reTenue? There, then,
can be no doubt that this subject not ool; ougbt
not to enter into our views upon ibe great ques-
tion of war, but perhaps had beciet not be stirred
at all; that our measures ought to be taken in
reference to our own capacity and disposition for
exertions, aod uoi grounded dq flattering, perhaps
delusive hopes, of our adversary's weakness. An-
other point it might be as well, in paasing, to no-
tice— the small proporlioo which the customs
bear to the revenue of that Stale, and that
proportion decreasing, although their aggregate
amountbe actually increasing ; whilst the reveoue
from ioternal sources has been rapidly increasing
ever^ year, as well in proportion to the whole
receipt as in aggregate amount.

But, sir, said Mr. Ranoolph, amidst the vati-
oui causes which I find for felicitating you and
the nation, the recent change in the aspect of our
affairs is not the least — that we are at last to settle
upon some system ; and I listened, 1 confess, with
very great pleasure the other day, to the gentle-
man from Massachusetts (Mr. B&con) and my
worthy colleague, (Mr. BDawELL,)Btthaugh per-
haps 1 may no) have exactly agreed with citner,
certainly not with both of them. I listened to
them because they held out to ua the prospect of
a happy termination ofthe present state of things —
a stale of things, which, after the vote of yester-
day and to-day, I misht almost be tempted to
pronounce cannot last beyond the fourth of Match.
A great deal had been said about tbe patriotism
of the country under the operation of this system.
In Mr. R.'s opinion never did any people ex-
hibit so strikinzao instance of patriotism as the
people of the United Stales had done since T
cember, 1607. He believed that iheir patriot!

hadi

that period been nut to a lest n
during the Revolut*

arv war ; because
whatever of suffering the people then felt, they
saw that it was inflicted by the immediate hand
of the enemy; and it operated only to goad to a
still higher pitcb their fury a^insi that enemy.
But io this case, (whether right or wrong was
perfectly immaterial.) the system had been such
as to impress a great portion of the public with
n that their sufferings proceeded from
nment, and it ought not to be a matter
of surprise that the popularity of the Govern'
meni shonid have been diminished. It called for
the exercise, by all classes and descriptions of
men, of tbe rarest virtues — jiatienee, forbearance,
self-denial, and long suffering without repining.
It presupposed the existence of a state of society
in which there was no occasion for govemme '
itself. Was it wonderful that those who cou
not see wisdom in the measure should murmi

the qpin

the Gov

under the severity of its operation the Adminis-
tration should lose somewhat of their former
popularity? Mr. R. was not, never had beeo,
and he trusted never would be, in the habit of
paying compliments to men who have much at
their disposial, but he would declare his belief
that th% popularity of no man whom God ever
made could have endured the test which that of
the present President of the United States had
'rely endured, but gone through with vic-
tory. There could not have been so i irons a
proof of the deep-seated love, and unqualined
approbation of that man as his having been po-
litically able to sopporl the weight of that eiper-
it. It was a trophy of which he never could
vested, let him die when he would — what-
soever migh^ be the course of his future life.
Yea, sir. said Mr. R., after the vote of this com-
niitee, I do consider the embargo as substanti-
illy repealed. It is something like a vote of
itedit ; it has not gone through ell the forms of
aw, but no banker would hefitale to advance
money, upon it. Gentlemen shake their heads,
sir, and heads of such weight, too, that I despair
of shaking them mvself. I had supposed that
the embargo was all but repealed; in point of
fact I believe that it is already repealed. A mem-
her of this House has cited the embargo as a
strong proof of the stamina of this infant Her-
iles, who bad been so long able to bear what
ould have crushed, as he says, any other nation
six months. I believe, sir, that it would have
crushed the popularityofany Ministry of any other
nation than this in less than six months, suppo-
sing that nation to have half the pretensions to
freedom that we have. Ha rememoered to have
read a great while ago in an extremely beautiful
epic poem that the natives of Chili, when they
threw off tbe Spaoish yoke, proposed to choose
their captain by this teat: A very heavy beam of
wood was produced, and be who could support it
on his shoulders the loogeat lime was to be se-
lected as their general. One of the chiefs stood
under the burden such an amazing number of
hours, that they were like never to come to a
conclusion, and (if he remembered rightly) they
had to abandon their experiment. Whatsoever
proof we bad given of our wisdom, we had in-
dubitably borne away the palm of bodily sirengih,
anything in the observations of a gentleman
from New York fMr. Gahdehieb) about oor
being pnny and ricicetty, to the contrary nolwilb-
Btanding ; and Mr. R. noped we shonid give per-
haps not ^uite so strong a proof of our wisdom,
by ibrowmg the beam off from our shoulders,
now ihat we had ascertained our strength by the
experiment.

But it was asked, what snbstiluie would he
propose for the embargo. None, He hoped he
would not be misapprenended. Considering the
embargo in its operation as mischievous, and
even ruinoos, it would be droll indeed if he should
require a tubetitute for an evil that he proposed
■ get rid of. Shall a man refuse to be cured of

when suffering under it 1— that men ooi iiiiotly 1 a cancer nnlesa you will provide him with a tvih
coDscieiitious shonid violBteitsproviaionif— that|sltJt({e7 But if be were asked what tbe oatioii

.yGoogIc

1S39

fflSTORT OF CONaRBSS.

H.orR.

Pebbdart, 1809.

if you

i« to do aflrr repraliog ih« embargo I hi* on*
swer wai ready. To l^ »ure, sir, Mid be, it in a
Terjr old ooe, and iherefore may not uke with
Ibe faihiou of the dav ; but in raaiien of pol-
icy, old sydetni wbioh naTC been sified and tried
by experience, are notio my judgment the wont,
and tbe loDger tried, perhaps, the belter. So far,
therefore, from ita being an objection with me
that a. propotiiioD it old and triie, it it a recoin-
Bteodation ; as it i« precisely the reverte with
reipeet to new projecU, however jogeoioui, how-
ever calculated to catch or dazzle the eye, lite the
room in which we ait, where I at this momeut
diMcro the fisaurea which perhapa are to reduce
na to tbe Htiuaitoii of poor Lenthall. We bad aa
well atuck to our old apartmeoi, (I do not mean
tbe library,) where we had every coDTeDtcace
■ad comfort, aod Mved our money.

The diaeaies of this State took their riae, I re-
peatit again aod a^in, ia the years 1805-6. We
were then a flourtahing, uoited, aod happy peo-
ple. The Goveroment permitted itself, a major-
ity of this House permitted themselves, and I
believe they now sorelv repent of it, sir, indeed
wme of them have told me so, to be urtred by
mercantile clamor and cupidity into collidoa
with powerfol European States. From that div
we have been going on from bad to worse, until
we have arrived at thia superlative state, which
aan no longer be borne, for which a remedy
be found, gentle if you will, alteraii^
please^ but at any rate a remedy, hoK
perate. That which I would now propo
what I bad the honor of proving at the
session of Congreii, and 1 think of meatii
more than once, on Sunday morning, the I8th o"r
December last ; a remedy which, without pledg-
ing the State, without mortgaging every foot of
land in the coontry for the protection of the
mercaulile flag in the most remote seas, would
permit our merebauts to protect themselves, if
they pleased, and if not, stay at home, at their
option. This was mv opinion as far hack as
1805-4, aod I think it will be found, allhoa^h not
in detail, in a repon made during that sewion of
Congress, which proposed raitiiogamiliiary force
for the purpose of commanding within the Uni-
ted States obedience to the laws, not from our-
aelves, but a foreign Power. And here suffer me
to aay that I really think we are coming back
again slowly— for large botliea (even auch as
move in ellipsis) move slowly — after having been
long in aphelion, we are returning back to the
daylight of those good old rapublican principles
of which, as I ihink, aod as I would endeavor to
ahow, if it could answer any good purpote, we
have too long lost si^ht. And after being for
years one of tbe proscribed and denounced, f am
not without a saving hope that I sbalJ die in the
/ailh, whether I die in the church or not. I am
induced to this belief, principally, from perceiving !
that scarcely a senltmenl is conlained— I beg I

KTdao of the Committee for ihit ^otism — I be- 1
ve if it be warranted in any human being, J
might fairly challenge a tight to it now— acarce-
Ir « aeotiment ia exptresied in either of those |

apeechee of which I was the author, (uaforiii>
netely as it would seem,) thai I have not beard,
during the present session of Congreu, from lips
the most orlhodoi in this House. They amount-
ed to this : '' Before you begin this contest, count
the cost; calculate your meana of annoyance a«
well as of resistance ; your enemy (if she bo-
come such) is all powerlul at sea; if she strikes,
you will feel; bring matters to estremitv aod
voil will have to recede — not from your tlaima,
but from the ocean," All this and mora 1 have
beard urged, not only by the Chairmaa of the
Committee of the whole Houae, but repeatedly
by other gentlemen neatly as orthodox as kim-
self on Tarinufl questions, the navy bill in partie-
ular, and I hope to hear aeolimenls of the same
sort when the other hill (army bill) is taken up,
which was put down in order to act on the prea-
ent subject. The embargn, and the course pur-
sued by tbe Administration generally, have, du-
riD| this session, been defended and eulogized on
positions admitted on all hands to be iodispnta-
oly true, but which it was criminal in me to ad-
vance three years ago. " Then, it was little ahon
of Ircasoa to magnify, as it was said, the resour-
ces of our rival, aod depreciate those of out own
country ; now, it is madness not to perceive oor
inability to cope with her on the ocean" — the
(beaire of our wrongs, where redress, to be effee-
tual, must be obtslned. Wa« it not wiser to make
a just estimate of our strength, or even to onder-
raie it a little, before plunging into a conflict
than alterwards have (o abate from our sanguine,
overcharged expectations? We suffered ourselves
to be driven, step by step, by mercantile clamor,
into a situaiion which has raised (whether right*
fully or not) more clamor, from the same pariiea
too, than all the foreign injuries about which
tbey beset the Oovernmenl. I oov, therefore,
propose that they he restored to tbil aimatioD
which, according to their own showing, is so en-
viable a one, and against the eviU of which I
hope ihey will never again have the hardihood
to complain to this House, or apply for means of
redress. It will therefore at once be perceived,
that I am not friendly (o that part of the resolo-
tioo from which my worthy colleague on my left
(Mr. Bdbwell) anticipates so much benefit, a.ad
for tbe plainest of all reasons, because I do not
conceive a thnai to be tbe best means of patch-
ing up a reconciliation (and as such a hope has

at each other already perhaps with loo jealous
— "^ye; and fur another reason: because I do
;hoose to put out a distant threat, to the «ie-
in of which either the capacity or disposition
of the country may be doubted. Sir, we have
dealt in the minatory sort of traffic long enough,
aod IhavenodiHpositign to beany longer laughed
aL We began with the non-importation law.
That was undoabiedly a threat, for a power wns
given to suspend it; in case our terms were Gi>ai-
plied with. Next came the embargo; that loo
wa* to be suspended in case — and so forth. Now
we are called upon to hang by n tingle hair over

.yGoogIc

1341

HISTORY OF CONGRESS.

1S42

FGBaouT, 1809.

Bepeal of the Embargo.

U.a

tbe head of the bell ig>e rente the sword of Damo-
cles, to be cut aotne time in June neic. It is all
a ifareii, air, and ai aaeh, mosl hare a bad opera-
rIoD DD aoy negotiatioQ, which Oovernmenl in
ilswiidom rnay thiak fit to commence (aad we
hare had an iDiimacion of that son) for the pur-
pose of ictliiug our differcDces. Nay iDore, it is
tear to Gommence in June next, aod really, to my
apprehension, we mizht as wejl malce a declara-
tion of war lo take effect in the next ceolary, aa
in June next. I speaL as to the power oT thii
House, ai well aa to the policy of the thing.

"Will you then submit 7" uy gentlemen,
"Hare you not recorded a vole that you will nol
submit]" Unqueationably 1 hare, and I will
not submit. What is Kuhmission, and what re-
iistancel By submiaaion I understood either
a fuTmal renunciation of ihe thing in dispute, oi
a patsire acquiescence in the elaima of your ad-
versary. When you say that yon will not aub
mil, what 6a you mean 1 That you will make
the best resitiancf that you can. And when we
baf e made this determination, we come to the

Eat qnesiion of expediency, as to what is that
t resistance? Now if you permit the tner-
cbiDimen tn arm in their defence iiutanttr, and
not tall Ihe British Ministry that you mean to
arm next year, and go oni and fight the English
and French, until ther revoke their orders and
decrees, what follows? Why, sir, you not only
make resistance, but you do it in the moat honor-
able, mstily, and effectual way, and tiierefare in
the way leading most directly to a Testoratioo of
peace— not to a good understanding, for that I
fear we iball never have, but to vour syatem, Mr.
Chairman, of "hands off." Can Qreal Britain
undertake for a roomeni lo consider that as war
upon her, which she requires of us to do, in order
to maintain our fair neutrality, viz : to resist the
decrees of Berlin, Milan. Bayonne, or anywhere
else, n on -real stance to which is the plea for her
Orders in Council? What offence can it be to
her? None, sir; and yet to all the practical,
beoeficial effects of war, such a syatem would be
as efficient as any you can devise — as war itself.
Can France, although indeed there be a sort of
system within a system there, which I do not
very well UDdentaod — can France say that your
resitteuce to what she calls the tyranny of the
seal, justifies hei in taking any hostile steps
against you, suppoviog it to be in her power?
Unquestionably not. France claims ibe power
lo issue certain decrees, on the ground of Eng-
land's having usurped the empire of the ocean.
You resist that usurpation. Tho<e decrees, then,
are not in any respect applicable to you ) for I
understand your non-resistance to be the sole
alleged cause of those decrees. England retali-
ates the system — why? Because, as she says,
you do not resist it. France issues her decrees
because you do not renist (as she alleges) the
British order* — England issues her orders beeanae
you do not resist tbe French decrees. Now, I
would resist both, and if either construe that re-
sistance (which they have both called upon you
to make) ioio war, and do notwilbsiandiog cap-

ture your armed ships, why then, sir, you bav«
aolhiog left but to anoov them by every meana
in your power, it will be tbey who make the
war and noi yourself; and that circumstance
will unite every heart and band throughout tbe
country in your cause. But, sir, I believe (al-
though I have not' so much couSdence as some
gentlemen have in the wisdom of those nations)
that they have rather too much good sense thus
to act— thus to drive you Into the arms of the
other party.

Let your merchants, then, ^o and arm inn-
fence of their lawful trade against French decrees,
British Orders in Council, and anything else of a
similar stamp, and let the salion which by force
shall attempt to execute ibem, know that it is
war. Your resistance, according to their own
showing, is lawful—they have called for it— the
withholding it has been the pretext for their ag-
gressions— and the first eun fired on you, when
so resisting, is actual, flagrant, maritime war.
You then throw the onua on them. You show
tbe people tbal it was not within the power of
human wisdom to have devised a mode of keep-
ing out of war with them — that the very proofs
which (hey required of our fair neutrality (re-
sistance to each other's monstrous pretensions}
live provoked their hostility — that there was no
ilternative but war or embargo — and who knowa,
lir, but the embargo may thereby become so popu-
lar a measure (hat we may put it on never to be
pulled off again; that, like our winding-sheet, we
ibail be buried in it.

To the course which 1 propose, one of (he
iirangesi objections baa been taken that human
ngenuity could have devised: "that if you an-
ihorize the merchant vessels to arm and make
resistance, they will not arm;" (which proves
that there is no occasion for arming of any sort)
ir, that they Will arm and yet go to England
and uke license — pay tribute." U a reason of
(his hind is to govern us, aa we have fitted out the
navy the best use that 1 know for it will be to
6ghi the merchaotmen, to make (hem fight the
Fr«ncb and English. Suppose you issue letters
of marque and. reprisal, or declare war and com-
misaion privateers — the same tbing may be said,
[ha( they will not fight; (hat they will go to Lon-
don with cotton, and pay tribute. You must
then invent some mode of making them fi^bL
Sir, there is no mode of making men fight agamst
their will; there has been none yet ever devised,
lOr ever will be. Do gentlemen know ao little
if mankind; are tbeyao ignorant of thecbaracter
nd composition of (bat mixed assemblage, ■
lalioD ; so little read in the hiatoryof our Revolu-
tion, as not to know that when the crisis — (Sit,
tbis is a poor worn-out word, I hope to be par-
doned for usitag it, it shall be tbe last time) waa
3ver. the American patriots began to trade with
ihe Brjtisb at New York, and elsewhere? It is
■ n established fact that tbey engaged in what
was well known as the London trade, men, loo,
who fought and bled and gained renown in tbe
battles of their country. No sooner was allproa-
peci of subjugation over — they did not wail for

.yGoogIc

1843

HISTORY OF CONGRESS.

1344

H. <

Repeal aj the Embargo.

FsBRDAmY, II

preliminarj ariielet of peaee— than thejr rraded
wiib the Eaglisb ; and ihef will do it now, even
if you go lo war, eicept it be a part of tbe aystetn
ibat ihey sfaall not trade at all, not even amoog
theiDBelTcg. Aaorher itraoge objectioa is made
to this syvlem. It it taid tbat Aniericaa Teasels
will go to St. Barlholoroew's or Oottenburg— do
matter wbere, for all they want iit an entrepAt.
no matter who the bu^en or lelleri — tbat at this
place of deposit your produce will be lodged —
ihattbe English will buy It— that France having
nff nary, will came in for no part of tlie trade,
and that, therefore, it will operate partially agaiait
ber. We hare carried our ideasof impartiality
to a airange length, sir. We must fight impar-
tially and trade ditto. Bat (he subiiaace 6fihe
objection is this, that because one of your enemies,
againut whom you are making resittance (such
a* it is) has not a powerful aavy to take her share
of your trade from neutral ports, you ought not
to trade at all. If France were our friend, ally,
beoefacior, geDtlamen could state this and it might
ha*e some weight. But to offer it ai a reaaon
for absiainiug Itom all trade, that a Power, b»-
samed to be your enemy, and against whom you
profess to make such resiitance, lamentiDg that
It ia in your power io do so little— "wish very
much, sir, that Florida belonged to her, or that
she had some province OD our frontier — very sorry
indeed, that she presents no vulnerable point lo
us, but that is not our rauli"— that we should ab-
stain from all trade because this Power cannot
reap an advantage from it, is a novel argumeal,
indeed. So be it. It then seem), sir, that by a
Btrange derangement of intellect, by some strange
sort of logic, which I do not understand, and
hope I never shall— when you are reduced to
auch a situation in which you cannot injure a
powerful foe, you are bound to render ber all the
benefit you can; and her not receiTins her full
and impartial share of nil the benefits which may
incidentally accrue from any of your measures,
taken purely with a riew to your own advantage,
is to be a good and valid reason why you should
forego those measures I That yon must continue

cannot be too much insisted on; it should if pos-
sible, be driven into the skull of every head in the
country.

But Ibis plan, it seems, does not suit the ideas
of some gentlemen who think very highly of the
point of honor, who think that we must Ggbl;
that we muKt draw a little blood from the sword
arm to gratify this punctilious itching; that one
of two couries must be taken; either that we
must set too to dtnwine it from our own citizens,
or march forthwith to Canada. This, sir, was the
only part, as 1 could apprehend it, of my worthy
colleague's argutnent the other day, that did not
precisely suit my conception of the true iuteTetU
of the country ; and if he would permit me, 1
would observe that supposing his statement to be
Irup, hedid lAostunquestionably demonstrate that
the embargo would have been a wise, an efficient,
ftod salutary mtasure by way of rider to th« re-

duction of Caosda; that if we had first of all
overrun Canada, stormed Q,uebec, reduced the
provinces of Nova Scotia and Brunswick, and
then laid an embargo, it would have had a very
salutary operation. Having however thus nu'
luckily put the carl before the horse, the embar-
go before the conquest of Canada, before we go
10 mending the broken gear and making prepara-
lion for a new set out, a little rest, and some con-
sideration, would not be amiss. I am wiljiog to
uke up some of the ideas, 1 could almost say sji,
which fell from the gentleman from Massachu-
setts and my colleague, [Mr. Bob well said tbat
Mr. H. had misunderstood hisarrumenl be pre-
sumed. I endeavored (said Mr.B.) to give my
opinion that it would not be proper to go to war
to lake possession of, Canada ; but if we were
forced to goto war, there are other conaideratioiH
eon necled^ with the means of eoercine the enemy
to do us justice which would make it expedient
Co take tbe British provinces and my argument
in relation to Canada was in reply to an observa-
tion of a gentleman from Connecticut, tbat Can-
ada had obviated much of the effect of our em-
bargo ; if so, it would be imporunt, were we to
go to war, tbat we should lake possession of it,
though I do not precisely admit his posiiion.1 My
colleague (said Mr. Raddolpb) is mistaken. I
think 1 bare ndt mitundeniood him, even ihougli
his argument was addressed to tbe gentleman
from Connecticut, by way of reply. The embar-
go has not been operative, through the interrea-
tion of Canada. Whether by furnishing supplies
ofhetowo production astbe instrument ofdra wing
them from us, is immaterial— Canada is the cause.
The embargo would have operated, it is said, but
for the British having possession of Canada.
Therefore, sir the taliag of Canada ought (by
ihe sialemeni) to have preceded the emtnrgo, «s
I trust in Ood it will precede the next that is laid.
But, sir, why take Canada now, when my col-
league tells you, and when other geotleiuen tell
you, that there is a prospect of re-adjustcaeut^
and when at least, it is demonstrable that the sort
of resistance which I propose, viz : the arming of
our merchantmen in their own defence, is the
kind of resistance not only best calculated to meet
the eril against which we would guard, but pre-
seats the best possible chance of a re-adjuaituect
of our differences? For if we say, that, at any
future day, in case the belligerents do not come
to our terms, we will let fall on their heads let-
ters of marque and reprisal, as yon said by your
suspension of the n on -importation act, and offer
to suspend theembargo, you may be sure tbat such
a plan will not procure accommodation, if thai
be your object. If you injure a man and be ex-
ercises bis rights as a man, and defends himself
without urerstepping the bounds of defence so as
to make him the aggressing party, it is much
more easy for you to come to an accommodatioo
than if be were to say to you, ^ I will on such a
day do so and so, if you do not retract." He put*
it out of your power to make an apology, when
he says tbat he will Q^ht you on such a day if
yoa do not render him jttitice. That is not the

.yGoogIc

HISTORY OF CONGRESS.

1346

Febboakt, 1809.

Repeal of the Emharga.

H. OP B.

way (hat tend* lo an hoaorabia adjtniraenl or
ibf diipui?, or la honorable lermiaatioo on the
field of batile. In far.i it bai too mucli the air of
a bravado ; and ■» we bi ve been suspected, I hope
uojuii)l)r,ur going into ihii son or [hing on former
oeeasionv, ut' going at least as far in words as in
acts, it will be best lo conteat nurselves wilb the
uercise of our risblaon ibe ocean. Their orders
and decrees cooflict with those rights. We will
resist them, not going bryond our rijcbls as ac-
knowledged by the laws of nations and eren by
themselves. If they as« force igainst us in the
exercise of those rights, we are at war to all in-
teolsand purpaiiH,Bad they put us at war. This
course would be calculated to produce the result
which I have do doubt my cDlleaguehasas much
at heart as myself. And it is nut straDEe that a dif-
ference of opinion should exist in the unseiiled
slate of mind in which we have been for some
lime past — for if such has not been our situation,
how cornea it that we have done nothing? Or,
if we have, that we hare but rescinded to-day
what we did yesterday, and to-morrow wilt pec-
haps undu whet we are doing to-day 1

I neeci not speak of the navy bill, sir; tbe his-
tory of that tranMctioD i^ impressed much more
(ifODgly on your memory than it is on mine. I
roijht mention another bill. I think it was be-
tween twelve and One o'clock on Salvrdayaad
Sunday, the 17th or ISih of December, that, on
the plea tbai we were sleeping on our poats, on
the plea of urgvocy, the House was forced into a
vote oa a report of a memorable and honorable

the sbiipe or a bill has dosed veryquiL-tlvon your
table I'rura that day to ibis— I speak ol the non-
intercourse. It was an expressigo used by gen-
tlemen thai we had been sleeping on our posts;
and, therefore, it was n>'cewiary that we should
sii up line night for tbe public good. There are
conHtitulioas in this Houie which have not yet
recovered from tbe shock of that night's session.
The noH'inlercourse, (he navy bill, ihe rupple-
mentary enibargo bill — «nd how the latter pa^ed
isreally aourimity,anovelty in legi-^l.itiun. The
bill caiae from the Senate — it came from a quar-
ter, air, from whence, God be praisi-d, we have
bad all OUT strong doses, under aU Adminisirationi
— th« alien and sedjtioa laws, ibe suspension of
th« habeas corpus, the new treason bill, the last
saptplementary embargo bill, ay, sir, and tbe Srsi
embargo bill too; ibey alt came from the same
miot, aod I liked none of them — and in my ca-
pacity A» a freeman and a legislnior, repreaentiog
a free and enlightened people, I shall brreand
elsewhere, without any sort of reserve, speak of
them aa 1 think theji merit; extennating nuthin^
and setting down naught in malice. Tbe hill
came (o us then from tbe Senate on Thursdnir
the 22d of Uecemher, and was proposed lo be
made (be order of the day for ihe next day, Fri-
day, and fur Saturday — bulb dayi were named.
Some sentlemen uraved only till Monday to con-
sider the nnmeroui and impuriant provisions of
■ucb a bill, and nearlv the whole d^y was con-
■omed in il«hite whether the hill should be the
lOlliCoM. Sd Sbbs. — 43

order of theday for Monday or Satarday. Satur-
day was carried; the delar till Monday being
sumewhal sternly refused; evea the postponement
to Saturday was with difficulty obtained. On
Friday this House, having consumed the whole
of tlie preceding day in debating that important
point, adjourned over to Monday, that very day
to which they had refused to posipone the bill, i(
being, like the report of the committee to which
1 have just alluded, a matter of such urgency that
it could not be delayed. Monday came, aitd %
motioD was made by ope of the friends of the
bill to discharge the ComnDiiiee of the whole
House from its farther consideration. It waa
rejected, and the House went into a committee
on it. Next daya similar motion was made and
carried, and the hill was referred to a select com*
mittee, who reported on ihe following morning
( Wednesday.) The bill, with their amendments,
was again referred to a Cnmmictee of the whole
House, and made the order of the day for Friday;
and the week passed off without any further
raeniiun of this urgent business. On Saturday,
the last day of the year, the House adjourned
over to meet on Tuesday the 3d of January.
Tuesday eamu and tbe consideration of ihe bill
was at length resumed; but, there not being a
quorum, the House adjourned by a vote of 60 lo
II). The next day the uafini^hed business, as it
is called, was asked for; but by a straogB sort of
decision, which I do not pretend to understand, it
was dei»rroined, by a formal vote too, that there

neas onfiniBhed and unBnished business— and lo!
what does the House but lake up the propusition
of a genileman from Vermont to repiral the em-
bargo. Altbongh they bad been holsleriogupthe
embargo before, out trejtsing it, as many inielligeDt
and honest men bfliere, at the expense of (be best
prineiplea of tbe Conitiiution, they now look up
the resuluiioD for repealing the embargo. What
happened that night, God koowi — but the nest
day the bill was resumed, urgency again decreed|
and it was driven, Jehu-like, through tbe House,
through all its stagea, from a commiitee (o it*
third reading and final passage. I, who bare
scarcely been able to bald up my head since the
night when that report was so vehomeotly passed
wbioh baa slept so soundly ever since, came to
the House at 9 or 10 o'clock with the hope, if not
of speaking, at least of exercising my right of
ifirsge. Bui somewhere between foor and five
'cluck in the moruing I was compelled to leave
ii; and at breakfast, about two in the afternoon
on that dav, I heard that the bill was passed —
yon know now, sir. Mr. R. ssid, he mentioned
this thing nut with tbe tligbteat view of creating
unpleasant sensations in tbe bosom of any human
bein; — nothing was further from his mind — but
to prevent, if possible, the recnrrence of a similar
circomHtance ; and lo do more — to show, that
after all their vibrations aod legislative con[or<
tioDs, they had come hack to the proposal laid on
the table almost the first day of the session to re-
peal ihe embargo; and he did most uordially coo-
g[atula(e every man in (hr HooKapoB ihiaerent.

.yGoogIc

1347

HISTORY OP CONGRESS.

1348

H. or R.

Repeal of the Embargo.

Pbbrdaky, 1809.

«icepc those gemlemei) wbo coniidercd the
bargo B poliliei.1 panacea, which no circumstaD-
ceo, <that?o«Ter b« the conuquencr, should
induce us to give up. He trusted thBt ihey ^
few, and though he hnd such confidence in some
of them that he beliered nothing would chanee
their opinion, he hoped that thia few were dailf
Bod bourlv dimlDiihiog.

To get fuck, in bis rambling way, to this deci-
live stroke — not noWj but some lime or other — of
going 10 war, of taking Canada. It would be a
Bori of deed of Irusi from ibe bodjr politic — an
instrument with which I am sorry to say, that
we gentlemen from the South are but too well
mcquaioted — a deceitful present relief at the ex-
panse of a certain but remote sTil; we may in'rert
ihe telescope from its true position and the evil
leuens to our view — but the day must come
when that pledge mast be redeemed— and indeed
whatever cause he might have aa an individual, he
ihould not like to ^ive bond and security to fight
next year. He might in the mean lime undergo
a gteal revolution of opiiiiiin ; he might chiinge
his religion, perhaps turn ftuakfr— and really if
be were to change at all, he believed he could
not do beller— for theirs was a system of order,
industry, charity, and peace — of comfort and af-
fluence loo, very good things in their wny.

He was against plunging in this dashing way
into war ; because there wat a possiblliiy, to say
DO more of it, and his colltague (Mr. Burwbll)
■eetned to think, a preiiy good hope, that we
might get out of the scnpe without a war, provi-
ded we would lake bis prescription. He felt ihe
more and more indisposed to war, snd should
erery day while he lived, when he looked at cer-
tain consequences and reflected on certain doc-
trines which had grown loo familsr, in hit appre-
hension, to Ihe minds of tliai House. We too
bad a navy. It had cost us near twenty-three
millions of dollam, abonl ten millions of which
bad been spent by the forioer AdmioisirRiion. It
bad cost us a great deal more than Louisiana; and
he ventured to say that none but those gentlemen
who viewed Louisiana (as he did the embargo)
aa a positive evil, would consider our navy ofas
much imparlance to us as the navigation of the
Mississippi. The cost is tremendnua for a ma-
chine which, if they adopted his colleague's (Mr.
Nioholab'b) proposition, must be enlarged, re-
|>aired. beauli&ed, and built up tin an exiendeil
acale. It was more unforiunaie that we had paid
so much for the cost of a machine lusting all the
time in idleness. We might then calculate from
ibis fact what this cost would be, provided the
House adopted the resolution of the gentleman
from Virginia, in its broad form, the most dan-
gerous ever presented in that House — and pledged
(he nation to the maritime defence of commerce.
From the commencement of the preterit Admin-
istration to the pre-ienl diiy, a principle so abhor-
rent to his mind, so dangerous to the liherties of
ihia country, had never been pro pose il lo Congress.
It eoniemplKtn a pledge of every drop of blood,
of every "hillittg of monoy. to the maritime pm-
irctiun of commerce. Eetmwtutin rebm. He

e to the

day to decollate himself, to commit suicide for
the sake of commerce. Ef comtnerce could not
take csre of itself, it was not worth caring for.
But after all that had been said on the subject of
a navy, properly so called, ships and neamen
would somehow or other work out their own
salvation. A great many of them may be de-
stroyed, but the test would make such proG.aMe
voyBges as to induce others to run the nanie rlak.
He looked at this praposiiion, therefore, with af-
frighi. We had a Navy Department, to which,
tTofficio, profusion and expense were incidental.
It was an establishment of Ihe wonil kind — an
esiablishmeoi of disbursement alone, without a
shadow of benefit — an establishment which, a*
managed by us, was a mere running sore in the
body politic. If he were an Englishman or a
Hollander, which thank Ood he was not, he
would advocate a navy. As an American, at
thi» time of the day. at least, he was against it,
for the plainest of all reasons^ibat it was not
suited to the time and our circamstances, and let
gentlemen say n'hat they will, these mu»i bave
their weight. And what had been beard on that
floor, coming not from men of doubtful princi-
ples, hut from good Republicans, as they are call-
ed, both navy Bod ami-navy men 7 Why, first,
thai in the dislribuiion of the powers of Quvern-
ment the Executive share is too small — nest, (hat
the Government lack^ energy ; that if we eanoui
enforce a law, however arbitrary sod uncouxiitu-
tional, not only at the expense of a limb of (he
bodv politic^ but of the very trunk itself — " Away
witn such a Qovernmeot — it wants eoersy and
furce ; giveus one that hassome Btreogih." Qt^n-
tlcmen want it to be magnificent, s'rang, abia
to crush all opposition, lo destroy ihe States.
What next have we heard 1 " That the Execn-
' live patronage is, as it were, the Presidential
' property, and ibac he possesses the nglit to do
' with it OS he {ileasea;" instead of considering it
a trust placed in his hand, as it is even in limit-
ed monafchies, to be exercised under anuad dis-
cretion and a high responsibility for the geoeral

When these doctrines are broached inCongms,
sir, by men calling tbemtelve* Repuhlicans, and
deemed as such, I am compelled lo recollect the
timea, Ihe energetic limes, as they were called,
when the Constitution was trampled under foutj
when some men dared (o risk the sentence, '-ihal
the parchment had better be burnt." I am un-
willing lo see such principles govern, let who
will be at the he^id of affairs; and, therefore, t
am unwilling to give my assent lo the resolution
of the gentleman Irum Virginia, (Mr. NicuOLas,)
vhtch has been, with his characteristic humanity,
haritably adopted b^ my colleague, (Mr. BuR>
WELL.) for, in truth, ii was thrown an orphan on
ihe wide world by its parvnt. I do nut >«y that
the lime mav not, or even that ii will ni>t, come
when it will he necetisarf^ to strike at Quebec;
hut 1 am unwilling to io it now, when ilirre k-
naioa one chance lu ibia nation of |ire*«rving tbe

.yGoogIc

mSTORT OF CONOKESS.

Repeal of the Embargo.

H.ofR.

blessJDgs of peace; for, if we bare a war of ihai

sorl, cornmiiisarleB and cotitractora may falteo,
but the public will be impoverished; and scarce
any raaa vrhu has not a fat contract, or a snug
office, will be enabled la pay bis laies ami maio-
laia Ilia family la Ihe way ihey bave been accus-
tomed 10.

But tbat is not all, sir. If we plunge at this
momeDt into war— for to my mttid there is really
not one atom of difference, if we are to go Iq war,
between this day and the first of June — who can
say how or when the war shall end 1 And, with
an empty exchequer — fur to all practical purposes
the exchequer is empty — wilh a revenue depetitl-
icg wholly on luans, would it be very astonishing
if ihe same causes which overthrew the most
powerful monarchy ia Europe, should shake a
litile our owd confederated Republic 1 That our
present form afGorerument should be destroyed
by the same cau>«s which unquestionably dij. de-
stroy our late govcrnmenl under the Confedera-
tion? The Government of Prance— a populous
country as we all know, rich io internal resourr—
alinoit beyond imagination — was blest or cursi
as you please, by a Minister who determined
carry on a war without taxes — loans were to si
ply all deficiencies. The eiperiment ended
the subversion of the Government. I believe tl
no man can doubt, if the ways and means col
have been raised in ITSa, that the French Rei
lulion would never have taken place. Shall '
then unnecessarily (and I speak of It in this poi
of view only) eipose our Government to such
shocks? 1 hope not. If they come, I am for
meeting them manfully. In that event, I would
hope that instead of destroying — for we ou^hi
always to hope for the safi'ty of the Republic,
however destitute of ground for it — it will nerve
and toughen our manhood; that it will chastiie
our pampered — arrogtince, 1 was going to say;
that it will operate, as in one point of view I am
willing to allow tbat the embargo may have ope-
rated, to bring old-fashioned homespun principles,
as well as garments, into notice, to repress the
rage of speculation, and reduce our bloated lux-
ury ; in fact, to give us something more of a na-
tional character. lu that point of view 1 am will-
ing to allow that even the embargo has not been
without its salutary elTecC.

There is another reason why I am uDwilliug
to take the attitude recommended to us by the
gentleman from Virginia, and by my worthy cbl-
leaguf. I have seen io this House a proposition
Io give efficiency to the militia ; to arm them ; to
make them what they ought to be — hut what I
fear they are not — an adequate and competent
national defence, "damned with faint praf!tp,"and
a little paltry, begfrgrly ajipropriation, of 9^00,000
vuted for that object. And but name a regular
force, sir: strike but the naval chord, or alariding
acniy, call them volunteers or what you will, tlie
(Dund vibrates to your heart; you loose the purse
■'ringi, iind pour forth the national treasure wiLh-
outc^Duotiog il. Wlien i hear principles advo-
cated against which I always did and alu'av^ will
proiesi, and when 1 im the |>ulicy of this House

sa^Taria^t from what 1 conceive it ought to be, I
am induced to take one more possibility, aiiothei
chance of avoiding immediate war; and, there-
fore, when that part of the resolution comes up
which proposes the issuing letters of marque and
reprisal, I shall move you so to aiiieod it as to
change it from its present portentous and dismay-
ing axpeci, as a solemn pledge from this nation
for the maritime protection of commerce in every
sea, to what I conceive it ought to be— an author-
ity to our merchants to arm and defend them-
selves, and resist (not submit to) those decrees
and Orders in Council, which we have declared
we will resist; in other words, that we will not
submit to. There are a great variety of opinions
as to what will be the eventual consequence; no
man can precisely see the issue ; but, to my judg-
ment, it is the most promising plan that has been
suggested. Its immediate consequence will be,
that your merchants will go out armed, and, if
captured, the bile and rancor of which we hare
heard so mpch, instead of being vented in sputter-
ing and spiteful resolutions against their own
Government, will he poured forth upon the ag-
gressor. It will perhaps restore the Qovernment
to its accustomed pojiularily. If the merchant
feels, he will know from whom — fur, will he dare
to come back and say thai you ought to have
kept on the embargo? No. sir; you will have
permitted him to go out wild his eyes open ; the
Government will have warihed its bands of the
ihiug. The merchants will become, what they
ought Io be, the carriers of your produce, the
great machinery for transporting your commodi-
ties, iusleaii of being a kind of political eaballers.
Let them go (he counting-house, and they will
have enough to do; give them employment, and
you get rid of their complaints. If we take thia
step. It is not possible that Mr. Canning— even
Ae — I beg his pardon — I would not speak harshly
of any man behind his back, much less of one
that is three thousand mites off— that a British
.Minister could have the face to construe this re-
sistance into a just cause of war on their part.
Coramerre will protect itself, and peace, I trust,
will be the result.

When Mr. RaNDOLPii had concluded, the ques-
tion was taken on the clause, and carried, ayes 76.
The queaiiou being stated on the second clause
of Ihe resolution, viz: (hnt part which relates to
luing letters of marijne and reprisal,
Mr. Randolph moved to strike out that part
of tbe resolution, and insert after the wurda
he same time'' the words " to authorize
laot vessels of theUnited Slates owned
wholly by citizens of the United States to aria
and defend against any armed vessels sailing un-
der the British or French flag, so long a* their
orders or decrees are unrevoked.
Mr. Ket, after slating the importance of ihe
ternaiives presented to the decl'ion of the Com-
iitee by this million for amendnienl, moved that
the Cumrnitiee now rise, to give lime fur mature
deliberation. — Agreed to without debate.
And on motion, the House adjourned until to-

.yGooglc

HISTORY OF CONGRESS.

H.orR.

Repeal of the Embargo.

Feardart, 1809.

Satdrdat, February 4.
The Spdakeb laid before ihe HnuM i letter from
(be Secretary of Sinie, accompli n ted with hiti re-
port, exhibiiing a stnicmeai of the whole numhpr
or persons boru in foreig-n counir{e», ind legally
■diDitled ciiJzens of ihe United Siales by natural-
inttoa, who hare been regjr^iered an Am^ricin
•eamen. and returned as such to the Depariinent
of State, according lo the list! transmitted bv the
Collectors of the Customs, in pursuance of the
law relative" to the reliefand protection of Amer-
ican aeanien," iranstnitted in obedience lo a reso-
Inlion or this House, of the ointh ultimo; which
were rend, and ordered to lie on the table.

The Speaker laid before the Hou.'e a letter
from the Secretary of War, accompanied with a
wppleinenlary report and itindry ducumenls In
nlaiiun to inTalid pensioners; which were read.
■nd ordered lo be referred to the Committee ui
ClBiioa.

Mr. Holmes frotn the Commiilee of Claims,
prerftited a bill for the relief of John N. Smut;
which was read twice, and committed to a Cum
mittee of the Whole on Monday next.

Mr. LiVEBMORfi presented memorials ofsundry
iohabitanis of the county of Es»fx, in the State
of Massachusetts, whose nimeii are thereunto sub-
scribed, respectively praying for the reaKotii ibere-
inaet forth, that the several lawii of Congress
laying and eDforciogao embargo on alUliipKaud
TesMls in the ports and harbors of the United
States may be repealed; and that the system uf
jaal, equal, and liberal policy, which heretofore,
ID the opiaioo of the memorialists, was calcula-
ted to promote Ihe honor, dignity, and general
welfare of the Onion, may be resiored.— Refet-
ie<l to Ihe Committee of the Whole on the reio-
lation proposed by Mr. Nicholas, and Mr. Bacon,
OD the twenty-fourth and tweniy-Mevenih ultimo.

The House proceeded to consider the resolu-
tion of the Senate, of the third insiani, fur the
appointment of a committee on their part.joioity
with aucb committee as may be appotoled on the
part of this House, to asceriein and report a
mode of examining the totes fur President and
Vice President, atid of notifying the personx who
tball be elected of their election; and to reguUie
the lime, place, aod manner of adminit-tering ihc!
oath ofoflicejD the President: Whereupon.

Brown, and Mr. Cdttb. be appointed
tee on the part ofrhis House, pursnnnl

The bill sent from the Senate, entitled "An act
authorizing the sate and grant al a certain quan-
tity of public land to the ChesnpealieaniJ Drb-
ware Canal Company," was read twice and ci>m
tnitted lo a Committee of the Whole on Monday
>ext.

The Speaker laid before the H"u<e a report
of the Commissionerwof the Sinking Punil.aecom-
panted with rundry documents and siateraenis,
^shibiiina the mia^ures authorized hy the hoard,
•ubatquent to ibeir repxrt, Uaied the HTth of Feh-
luary, one thoui-and ei^ht hundred and eight;
which were read, aod ordered to tie on th« table.

RELIGIOUS SOCIETIES.

A bill from the Senate for the incorporation of
religiuOB societies in the District of Colombia
having been read,

Mr. W. Alston moved (o reject it.

The motion was supported by Mr. Alston and
Mr. Rbea, of Tennessee, od the ground that it
the appearance of commencing an estahliah-
ed religion in this couoiry, which was repugnant
to the principles of the Constitutioa ; and [bat
theStaieshould not intermeddle with the church ;
the two, church and State, being wholly distinct.

ThB motion was opposed by Messrs. Daven-
port, Lewis, Van Horn, Dana, Tallmadge,
Oardenier, aud Macon, for the reason that tbe
House had heretofore incorporated turnpike and
library companies, and it wa.s hoped that the
Huuxe would not sho* so much disrespect to re-
ligion as 10 reject It on iti /irsi appearance io the
Honne ; and that, even if the hilt were not perfect,
it might be amended before it wis passed ; that
it was but a decent atlentioa to the peonle of the
District of Columbia, tu consider the bill, for their
petitiiinn were too much disrecarded.

Mr. W. Alston finally withdrew bis motioa,
and the bill was read a aecood time, aot) ordered
to be read a third time.

REPEAL OP THE EMBABOO.

The Haute again resolved itself ioto a Com-
mittee of the Whole on Mr. Nicholas's resolu-
tion; the queetioa pending being on Mr. Ran-
DOLpn'a motion io amend it —

Mr. Ket said be had never risen imder more
embarrHsKmenl toadilres a public body than be
now did ; for there never was presented lo him
to act upon before, a subject of so moraenlous a
naluri'— a subject which itirolred ic its discas-
siun and eflVclH, ceiljinly the best and dearest in-
lere^l^> of the country. It seem.*, (said he,) if I
correctly understood the proceedings of yesterday,
that a large majority of this HuU!<e is determined
to repeal the embargo, but that a great diversitf
of opinion exists as to the measure which is pro-
per to be adopted on its repeal. I canfess, sir, I
ffel gratified in observing that dirersiiy of opin-
ion ; for, in the collision of contrary seotimeni,
much good may elicit, when every individual
uffers tu the House his candid viewH of the sub-
ject. And I see in thai diversity of nenliment,
vir, a ptfdge of strong aiiaehment to tbe in!eresU
nf the rountry, influencing every member lo con-
sult his own breast as to thove measurea whieb
ahsll beat promote our interest wbe > ibeemhorgo
slial) he removed. Various propositions have been
submitted to the Committee; liui before I Pinmine
them I would a«b every member of thin honor-
Bhle body, to coniult himHetf to see what is tba
end proponed, and to connider the means to attain
that end. U tbe end war 7 Is it to compel Fnnce
to respect her inaiy wiih n ~

ainly 1

Tt.es

ideas have not heeri ndvanced <rti thi?. floor. What
ihen dogenllemen cuniemplate as the «nd pro-
posed? [hope it is this: that Ihe nation Bhall be
placed, in relation lo foreign Powers, in the aarus

.yGoogIc

BISTORT OF CONGRESS.

Fbbrdabt, 1809.

Septal oj the Embargo.

H.opR.

■itualion in whieh i I (tood, anterior to thepa«s*ge
of the orden and decrees. I wish tbe grocnd I
mean to occupy io ar^umeDt, lo be diEtincilj com-
prehended; and 1 wish geatlemen would deeply
reflect if, on raising llie eiubargo, they mean to
place thetanelres in the Mme poiitioQ in which
they staod, aaierior lo the causes which produce'l
the emhargo. If this be the end, if ibis ia ibe ob-
ject, let tbe wiRdofD of ibis House de?i>e the
means moat suitable to tbe accomplish tnent of
that end. It. is in rain to call our aiteniioa lo
the course to be pursued, unless we we, and feel,
and examine its adequacy to the enil proposed.
Every honoribie member will make up his own
mind aa to hi* object; and then eousider as lo the
means neceasaiy to tSezt it. Some gentlemen
talk of war. High and hoDorable minds, spurning
the insults dooe to the nation, bring into public
discussion those feelings so much to be eslimaied
inpriTAie lU'e, but which, influeacing our passions,
to a great degree impair our judgments ; for how-
ever the finer feelings majr be tbe ornament of
private life, in legislation the cool exercise of sound
Teason is tnore to be desired. A nation's honor
is a nation's happiness. Govetninent was instiiU'
ted for the happiness of the. people, sad those
measures aremust wise, and most honorable, which
best promote and secure it. I shall not speak of
war with respect to all those calamities usually
consequent on it, for, if we are driven into it by
imperious necessity, I know that we have firmness
enough to breast it, to meet the shock as men
ought — but 1 will make some obterTationa on il,
to show gentlemen why i think that the first pro-
position ought not to prevail Bs partof our system;
and especially aa growing out of the feelings
which have been expressed.

A large army has been spoken of. I.
ject be the protection of maritime riahts. and se-
coring the enjoyment of ihe ocean, I ask gentle-
men if laising a body of fifty thousand kkd well
armed and well disciplined is a toeaaurs which in
itself can in any means insure that objeat? But,
say gentlemen, we can lake Canada, and injure
one of our enemies by conquering New Bruns'
wick and Nova Scotia. And, I afb, what then 1
Qratify gentlemen to the extent of their wishes;
place Canada in our possession ; place Helifai in
our possession — won, if won, at great cost; and
kept, if to be retained, si incessant and heavy
expense — grant all this, I ask gentlemen will it
further ibe object they have in view 1 Can a
gle ship, if tbe whole continent was in our [
session, reach an Euiopeaa port in more safety
than she now cati 1 Are the means proportjoaed
to that endl I think noL If we are to seize
bold of this lever as a political engine to operate
oa one of out eneroies) we must first see the cost,
the probability of success, and the certainty of
effect when the success is achieved. In defensive
war 1 would compute no cost. If invasion hov-
ered on our shores I would never calculate. Our
altars and our fire-aides musi be defended; and
the last cent and last drop of blood in the nouniry
be cheerfully eipeoded. Not m> of offensive war ;
when it ia not for Ihe defence of oui altars sad

our fire-sides, 1 would ealctitaiewith the precision
and coolueis of a euunting-house. The naliaa
ought to know the cost; we ought to see the ob-
ject, and, when accomplished, a reasonable ground
of belief that it will insure the end designed. IT
all America was consolidated into one great Pow-
er, with all tbe legions of Napoleon and the funds
of France, we should still be, as Napoleon now
is, incapable of getting from our own shores. 1
apeak of [he means proposed in relation to lbs
end, viz: to protect and enforce our maritimo
rights. I cannot therefore consent to means in-
adequate and irrelevant lo the end, and whieh vc
have not the physical force to accomplish. I
know tbe power of this eonntry ; I believe il is
competent to the reduction of the British pro-
vinces. I have very little doubt of il. But if
conquered, io what slate will they be placed in
relation to usi As conqnered provinces. Have
we a Constitutional right so to hold them T Are
they to be incorporated as States? No gentle-
-an wi.'hes or entertairia that idea. They will
ilf he held as s stake for the purpose of inducing
Great Britain to do justice to us. Would the con-
quest of those territories faaveaach effect on Great
" itain that it would induce her to sol'render
rights which she deems essential to her existence 7
She would suffer her provinces to perish before
she would abandon maritime cleims of such mo-
ment. Sir, the possession of those provinces
could not io my mind operate as a lever, for what
man would not part wKh a member when his liA
isatsiakel Whnt naiion would not lop off an
extremity before she would gacrifice a principle
which she holds as incorporated with her es-
istencel I ask gentlemen, thereforCj if the con-
quest of these countries will more than probablg
produce the efiect which they anticipate. Pos-
sibly it may not produce thai eOeclT And shall
we encounter war for a probable or possible re-
suIeI -For, whatever ilieae provinces might have
been to Britain, such has been tbe singular and
rapid succesKion of events in Europe, ibat she
seems to have received her prosperity and safety
from the hand of her most deadly enemy. The
attack of Bonaparte on Portugal has so connect-
ed her with the Brazils, and his assault on Spain
has so identified her with South America, that,
whether she be successful or not, Britain finds an
indemnity, mote than tenfold for what she would
lose by our eapture of her Northern provinces;
she win have derived it too from a source wbicb
never meant to confer prosperity on her — from
her most inveterate enemy. A (feotleman from
Virginia, (Mr. Bdrwell,} in a very strong argu-
ment (iliough 1 differ from him in bis concla-
sions) delivered in a manner (he most gentlemanly
and decorous to the House and himself, did admit
that Great Britain never before stood so high and
firm as sbe does now. The avenues opened to
her on the Southern cotitineni will lend very
much to the furtherance and increase of her force.
And so standing, we ought not to wage offensive
war against that ceuniry and her provinces in

America, enless gentlemen ean demonr -

u* that il ia i>ur interest to risk theii e

.yGoogIc

1366

HISTOBT OF CONGRESS.

H. OF R.

JUptal <^ tkt Embargo.

PeBRBABT, 1809L

■nd when we bate expraded vail aums in ihat
conquest, to hold ihem aa pTOTine«!< or to iocor-
poraie ibera as Siaiea ; ualvrs indeed w« coriMder
lliem BEB pledge for her better behaviour — a pledge
vbichibe willDever redeem if the holds to ihone

Srinciples, which all believe she will never abac-
OD. One great light in contest, which we are
told by her Mioisiei* that she never will cede, is
the rrght to search American vessels for British
■eamen. Does any rational politician believe
that if she considers ihat practice eoaoected with
her eiihieDce, she will abaiuton it to recover out
of oui bands those provinces which at any mo-
ment we can aitatn? Surely not, sir— ihe war
will be of a different cast. I do therefore sappose
thai a measure of ibis nature, until war beeomea
oeces^ary and indinpeaiBble, ought not to b« at-
tempted.

There are other cauie* which ihoold make this
nation pause and reflect, before il atteupii offeu-
aivewar. Weare an agriculiural people, a peace-
ful people. The bond of our unioD was mutual
defence. We are rtot constiiuied with active pow-
ers for ofien^jve operaiions; but we are lll-pow-
erful for defensive measures. In a itate of war.
armies will become neces^ryj and ereo wheii
necessary, they are always dangerous to republics.
Their shield and safely is a well regulated mi-
litia. I have DO doubt, if war ii declared, thai
- we shall raise a great forcej and if we do, il is
war ihat will jeopardize the iadependenee of the
ae.veral States. Their security ever eiiats on a
militia (iBicered asthe ConsiitutioD provides, by
tbemselves; because such a body feels local Stale
atlachmenla, and tioes not look up to the Qeneral
Oovernroenl for proicctioti and patronage. An
artny so consnucted only bjnd» more Grmly tbe
Republic ; but a standing army for offenuve war

5oe& to nbake our republican iasitlutions. .1 havje
ilety seen, what does in my miod excite some
Jealousy oa these subjects, not from any general
view ol' the departments of our Ooverooient, but
ia a measure emanaiiog from one departmeai.
It shows, if danger is to ari»e, it is uot from the
States, hut from the General Qovernmeut, and
not to ibe General Qovernment from the States.
By the Constiiuiion a Slate can raise no arOiy or
navy, and has no protection but the militia, offi-
cered by itself— and yei sir, I have seen a leiier
from tbe Secretary of War to ihe Chief Magia-
Irales of the difierent Slates, not infringing tbe
letter but ihe spirit of tbe Constitution, by pre-
scribing to those Governors what officers in tbe
late call for their quota of militia they shall select.
Il would properly be the duly of that depaitmenl
10 say what number of the militia should form
the quota of each Statej and I trust our Gov-
ernors have sufEcient respect for iheir Slates and
the Union to select officers most competent to
command them, without being schooled as to the
manner of seleciion, suggested to them in terms
highly exceptionable, as printed in the circulars
aaid to have been addressed to the Executives of
tbe different Slates:— "They will be careful in
their selection of officers, to take such as can be
eoiifided in for all purposes." I do not say that

improper purposes were intended. Let not ^n-
ilemeo misunderstand me. 1 Fay that ihe De-
partment of War has do right lo interfere in nor
manner with tbe selectioD of officers of the mi-
litia, which is eiclusirely confided lo the State
Executives, who are competenl at all times to do
their duty.

Another evil grows out of war and a staadiog
army : a vant patronage ia placed at the rfispoai*
lion of one man, and I would not, but in a case
of absolute imperious necessity, trust any man,
even the humblest in aocieiy, with the command
and patronage of fifty thousand meo -, ■ power
whicn in republics should never be vested in any
man but woen war is indispensahle, when it ra
forced upon us. Ambiiion is awakened by the
means of carrying it into effect. The instrument
sugseatsiteown use; and nmbitioB, onceawakeo'
ed, like jealousy, makes the food ii feeds on. Iron
and siooe are two of (be most inert and quiescent
sutuiances in oature — harmless asunder, but bring
tbem in contact, and the collision elicits fire. So
the heart of man and power, are tiafe when sepa-
rate, but when united, power is abused by almost
as unerring a law of nature as fire isproduced
from the collision of flint and steel. This stale
of ibinga, this danger, invariably grows out of
placing power in the hands of one man, of which
examples may readily be cited from ancient and
modern timer. When C^sai invaded Gaul, when
Napoleon was at the miliiarv school, in Paris,
when Cromwell petitioned Cnarles for liberty lo
come 10 America — these men, in their wanton
dreams, never dreamt of the guilty and giddjr
heights lo which their ambition ascended. .Power
was at band ; they seized the ready instrument, a
standiag army, and history iq blood has recorded
the consequences.

Suppose a state of things to bave occurred ia
1802, itimilar to the present — war not forced upoa
us, but fifty ihousand men raised, the officers ap-
pointed by ihe President. How would the des-
tinies of the nation bave been wielded, if Provi-
dence had taken the President from us? Who
would have wielded that force? Aaron Burr —
and does any man believe, if that force had been
at his disposal, that be would not have crimsoned
the Presidential chair with the best blood of the
country before be would haveleft it 7 I mean no
imputation on tbe present or the future President ;
1 do not believe that we are in military danger
from either. But the country that acts wisely
will never place in any hands, but in exireme
cases, power of such magnitude ; and 1 believe it
il a maxim consecrated by ages " that the people
' are never in so much danger as when power is
' placed in the hands of those of whom they have
' no suspicion." Take history through and yon
will find it so. But althoiigh, in the hands of the
gentleman now in office or his successor, ibia
power might not be abused — and I mean not to
impute to Ihem motives which I am sure they do
Dot possess — but a few lives intervene between
ihem and someone, we know not whom. How
he would wield ihat force none of uscan say. I
au confident when Bun was elected to tbe Vice-

.yGooglc

1387

HISTORY OF CONOBSSS.

1368

Febrdaot, 1809.

Repeal of the Embargo.

H. opR.

PrMidenc^r bf a Coostitutional raajnrily of rotes,
no maa then dreamt now he would have abused
the power, had death removed the President. My
argtmient then is this : that except in a momenl
of eitremily it is nol wise hi a Republican Qor-
ernmeot to resort lo raising an army, because the
possession of power begets a disposuion lo abuse
It, which otherwise might uever have eiisied. I
would not go to war, therefore, unlesj the nation
could be xalikSed of [he certainty of success, and
of the (Sect of such success on such end as they
proposed to aile)«. I am confident, if we had
conquered the British provinces and had Itow
imbodied an army of fifty thousand men, it
would in no degree insure to us the free nariga-
lion of [he ocean. I have made these obserralions,
because lo ray mind they hare weight io ejecting
the second part of the first proposition, which is
war>-I loean the granting of letters of marque
and reprisal.' It is nor general or perfect war,
but it !■ war as far as it goes^ and is usually the
foreruuner and precursor of immediate war. If
then that state of things which may endanger our
Republican inHti[iitioDs is not forced upon us, I
would avoid every measure leading lo war until
ii was indispensable. 1 say nothing of the hor-
rors of it which desolate all Europe. We are as
yei a peaceful and as yet a happy people, and I
am sure we all feel tbe strongest desire to add to
that happiness. That can be best secured by con~
tinuing at peace, certainly not by waging of-
fensive war. Qenilemen may think, sir, that 1
mean to submit. I do not — 1 mean to chalk out
apian precisely commensurate with the causes of
oOence. We are nol now on a gerieral question
of peace or vrar ; hut as to what measure shall be
adopted on the removal of the embargo to obviate
those eflecis against which, it is said, the embargo
was intended [o secure us. Why was ihe em-
bargo laid? 1 do not speak of iis efifects. Out
of what occasion did it grow t Consult the Ex-
ecutive Message recommending it. From ihe
decrees of France and Orders in Council of Great
Britain. Wasjt not to obviate the inconveniences
reauhiog from those measures that the embargo
was advised and laid 7 Remore Ihe embargo
then, and what measure do you wanil A mea-
sure precisely commensarale with the cause for
which you laid the embargo — a mea^iure lo resist
Ibose decrees and Orders in Council, and place
us in the relative situation in which we stood
before its adoption. Am I correct in saying that
the embargo was not intended or recommended
as a war measure! If it was in part an ez-
pedieDt to retaliate on foreign nations for their
decrees and Orders in Council, raise the embargo,
because it is found to be inadequate to the end.
And what should you substitute in the place of
it? A lineof conduct corameosurace with the
eauseswbich produced that measure. The ground
1 mean to occupy is ibis: (hat we are not now
liebaiing a measure for the redress of all furmet
evils Of injuries which have been heaped upon us
by those Oovernmenis. I do not so understand
it; perhaps I am wrong. I ask gentlemen to
weigh what 1 hara said, and to say whether, if

we remove the embargo, (he substitute ought not
to be a measure of resistance commensurate with
the injury. lam with great candor and sincerity
delivering the little all of my mind on this occa-
sion. I ask i[ to be fairly understood and dis-
tinctly viewed, and I would then ask whether the
plan which I shall mark out, instead of continuing
ihe embargo, be nol the proper substiiuie, if a
subs[i[ulemustbehad1 The British have claimed
(he right of searching out vessels for British sea-
men. This claim has been the subject of treaty
uegodation time afier time ; it was made the tine
qua rum of a treaty. The British Ministry told
you Ihat the nation could cot come up to the
mark, but that (hey would make the operation of
(he principle' as [idle oppressive in practice as
they could. Qra[it for argument sake (hat this
arrangement was not as satislactory as it ought to
have been. Do grnilemen mean to adopt a mea-
sure to meet that ? If so, it must be war and in-
lerroioable war; for they say they will not aban-
don it, and we say we will insist on it. I want
lha[, and all olhet qucsdons (o he left open as
before, for, aUhough our commerce was greatly
oppressed under lhat practice, still it flourished;
our country prospered and grew in strengtti and

The second proposition under consideration,
offered by the gentleman from Massachusetts,
(Mr. Bacon) ^es too far. I grant that it is not up
to (he war point ; buli[ goes (oo far from the line
of discrimination which I make ; because it au-
thorizes the resistance of viQla(ionsof ourgeneral
Deu(ral rights .claimed oo our part to be exempted
from, and on the part of the British to be enforced.
It is inierfering with the state of things which
existed belween the two countries before the de-
crees and Orders in Council. 1 want gentlemen
to repeal the embargo because it is not efficacious,
and (o Bdop[ a measure (if any is (o be adopted)
which shall be precisely commensurate with iL
The honorable gentleman from Massachusetts,
(bough not up to lh£ war mark, is too far from
the ground which I occupy, that is, to place this
country in the same situaiion io respect to its for-
etjrn relations in which it stood when the decrees
and orders were passed, to resist which or to cause
whichto be repealed (he embargo was laid. Take
i( off, then, and take a substitute which shall he
coequal with i(. 1 have not heard you called upon
to take off the embargo, and adopt a measure Io
remedy all. the evils occurring before it: we
should by this get into a stale of things which
would be war. The House will pause, reflect;
ask themselves the point they mean to go hack
to, and whenever they have made np their minda
on that point, accordingly as they determine, they
will be for war, or arming our merchant ships, to
resist seizure, or any search growing out of the de-
crees and orders. This is the line of distinctioii
which I take. It is not hard to be drawn; we
know the diplomatic battle-ground an(ecedea( to
the orders and decrees. Leave it open (o nego-
tiation. Restore us to our ancient state of Ibings.
If we were not happy with many rights violated,
it was U least more satisfactory than our present

do^Googlc

£389

HISTORY OF CONGRESS.

ised

H. or R.

Repeal of the Etabargv.

Fbbbo&rt, 1SO0.

•ituatioD. And this is precitel)' what the Presi-
dent reconiaifn(li;d— for uur Mlnisierwas auibor-
ized looffer to England a repeal of [be embargo, od
rescindioft her Oidem in Council, trnd ibis waa to
produce ibe enLi-cinliBrgo &iRie of ibint[>. The

ptopoaiiion offered by lau bonurnbte geDilen

from Virginia (Mr. Rjlbdolpk) yesterday, wiih

S sligbt amrndioent. will oieel my idea. 1 Jonoi

ftak grDlluneu to submit wben tliey take off liir
embargo. They have told the Dadoo ibai ibey
will nut submit — to wbatT To gcm'ral viola tiona
ofourrighisl No.sir. Tbereport ofourCom-
milieeorForeignRdntioDiwaspretlJcaied wbolly
QO Ibe decrees and Orders in Council, and ibey
saw no ahcroRlive but submission lo ibem, war,
or embargo. These are the alletnalives growiog
out of tbe ElBle of our fureisn relailoni, in the
Opinion of the commillee. 1 would not keep on
tbe eoibargo, or declare war; neilber would I
submit, because if anylhiDg is lo be dune I would
arm our veuel» lo tesiat any otiempt at aratch
under ihoae orders. I afk gentlemen if ibis be
not an efficacious plan — [o arm for tbe purpose of
rreisling ihose decrees and ibose orders, lo cause
wUich to be removed was tbe reason wby ibey
laid ihe embargo ? I do not un Jersland tbe em-
bargo as havingbeen laid on tbe principle ihai it
was locuerce England to abandon tbe rigbt to
the impressment ol our seamen. I do not under-
stand it as having been laid lo produce reparation
for tbe allacit on ibe Cbesapeale. All these were
conspiring causes which might have led Ic iba
laying of it, but ibey ware not avowedly by this
measuie intended lo be redressed. Does any man
believe that ihe embargo was laid to eoniinue till
Gteal Brilain should formally abandon the right
of impressing her own seamen 7 Tbe orders and
J .|(,( ^giog repealed by the. agency of ili"

Ihei

ibargo, geollemen say ¥
>m. Oraaisd; I do ooi

D it. In

lubmil to

.s those decreea,aud I

•t precisely commensurate wiib the
objects which that measure was destined to attain,
t want ihe substitute, if we are to have one, to go
as far and no farther ; and in so doing and going
no farther, I believe we shall act wisely. I ihink
peace may grow out of it ; and we shall be restored
to that elate of ibings which may probably — I
wish to Qod I could say certainly— at no distant
day induce a lelllemenl of our differences. If we
go to war on any other grounds, wo say that we
will figbt Great Brilab till she comes to our
terms. Sir, gentlemen will pause, will consull
their pillow, Mfore they gosofsrj ibey will leave
ibe door lo negotialion open. To me iljis seems
an honorable plan and a fair course, calculated to
restore our country to peace witnia, I trust lo
happiness also, and lo a fair adjuslmeni of our
Other differences. I hare listened with great at-
tention to every observation on ihis subject which
has fallen from every member on tbe fioor, and
have said noibing. But I should he wanlint; in
duly to my country and respect to myself if idid
not, wi(h aa much perspicuity as I could, simply
■obmilto the judgment of lb is House those ptopo-
sitioDE which would io my tuind conduct us to

the most desired iaaue— I mean tbe tnoat prob«U«
one which would accomplish our end. 1 do hope
and trust, iftheembargu, asa measure of coercion,
was laid for ibe purpose of meeting tbe decree*
and orders, that gentlemen will vole for the ve-
peal of ibe embargo, and ihai they will be sKlis-
fied niih adopiiog the motion which I have pro-
pated [0 subsliluie — unless indeed, finding the in-
(rfficieocy of tbe measure, tbey will concur in ao
uncundiliona) repeal, aiid make another effort at
negoiiaiioo, uofeitered by acts that diminish the
pTos|iect of aucccss.

Mr. MiLHOB congratulated the Hotue on ibe
vole of yesleiday. He hailed it, and the oalion
would bail it, as the harbinger of a new. day- He
received it as a proofof tbe patriuliam of the tsa*
jorilv of ibia House, who, seeing the naiiitD se-
verely oppressed by a measure which was adapted
aa an experiiDent, and which had failed in its
ubjeci, had come lo a resolution to relieve tb«
nation from its furlber pressure, I confess, bow-
ever, said Mr. M., ibai ibe second part of the
proposition now before you has, to ray mind, as
aspect uf a highly alarming character. If 1 cor-
recily undersiana it. it leads tbe nation to diieel
and open warfare; and, indeed, tbe genlleman
who offered ihe resolution soexplaioed it. Yiew-
ing il in ihis light, I can never give my consent
tDit,uniil lam convinced that tbe nation ishruught
into that siiualion, that there is no olber mude of
saving its honor than by a resort lo war. Believ-
ing, as I do, that this is not tbe case at prneot, I
wish 10 ofCer a few obserraiioDs to the Commit-
tee, as tbe ground upoa which I shall appose the
second part of the resolution, and of course why
1 am in favor of striking it out, for the porpow
of introducing an amendment. When a uaiioa
is about to involv« iiself in war, it appears to me
that it should not only be convinced that tbe
ground of war is a just one, but that the ead pro-
posed lo be aiiained by war is probably within
Its reach. As lo the first point, I have no hesim*
tion in saying that the two greai belligerents of
Europe have given us ample and repealed causes
for war. On that ground, therefore, I should feel
no hesitation in going wiib geoilemea infaror
of this propoaiiion, did I believe that the policy
of Ibis nation warranted it, and ihal the end pro-
posed WouUI be, in this manner, attained. It is
proper, however, lo ask ourBclves in what way wa
are to opersle on ihe belligerents io order to pro-
duce tbe desired effect. It has been said by gen-
tlemen who appear to be ready for tbe adoption
of ibis proposiiioQ, that we can attack and take
Canada and Nova Scotia ; and that such a mea-
sure would be severely fell by Great Britain.
That we are competent lo lake Canada I have no
doubl ; but I am so far from believing that the
conquest of Nova Scotia would be an easy task,
that I do DOI think it is in the power of this nation
to accomplish it, unless we eould first proenre to
ourselves ao ascendency on tbe ocean. That does
uot appear to be probable at this time. I am
therefore persuaded that our only opFialivn in
that quaHer would be the taking of Canada. The
gcBllemaa last up (Mr. Kci) haa shown Terr

.yGoogIc

1361

HISTORY OP OONaRESS.

1362

Pebroiry, 1SO0.

Bepeai affha Ewhargo.

H. OPR.

dnrlr that the eonqaest of Cinitda, Bod the le-
cnrin^ of ihkt cooqueHi, would cost more iban it
would be worth ; and that it would not be effi-
cient for ibe object for which we sbonld attempt
it. I believe tbal ezperienee, in a little time,
would teach Ore«t Briiaia tbai the loss of Canada
would be, ID fact, an imniaierial Iom to her em-
pire. But, in aoather point of view, this conquest
■niKbt have a very injurious eCTect on our affjirs.
At preiient, there cau be no doubt but the people
of Great Britain are much divided in opinion in
respect to their hostile measures agaiosi our neu-
Irai rights. I do not believe that the people of
that oatioD can be uuanimoua in a measure which
the Ministrr themseUea do not justify as ■
right, but as a meaiure of necescary reialiaiion
upon llieir enemy. If, in order to redress our-
■elvea, w*! make an aitaclc upon a part of the
British Smpire and dismember it, we at ooce
arouse the pride of the people, induce them to
attach iberaaelves lo their Government, to justify
Iheir measures of retaliation upon us, aud thus,
iaall probability, prolong the contest, and perpet-
UBle those measures of which we complain. In
what other way could we operate on Great Brit-
ain in such a manner as to make any great ico-
preuioQ on her 1 I know that it is iha belief of
Home persons that we could, by filling out priva-
teers, so haraai her commerce as to tnake a- very
terious impression on her, and at the same time
indemDify Our mercbanls for their losses in the
contest. 1 confeis that 1 have doi full faith in
tbia part of the experiment. I believe we should
find tbat the impression lo be made on her com-
merce in this way would not be auylhing equal
to what was made hj u» during our Revolution-
ary war. At tbat time the system of convoys
was not carried to the extent that it now is ; at
that time the merchant itiips frequently crossed
the ocean singly, ur in companies of two or three
toother, and thereiure it was in the power of our
privaiettn lo capture and brins in many of thera.
Few are now permitted to sail singly ; they gen-
erally go under the protection of strong conVoys.
1 believe, therefore, that it would soon ba found
that privateering would be bd extremely unproGt-
able busioess. If, ihen, we could not make a se-
rious impression, by our efforts either on land oi
water, I would ask in what way are we likely to
accomplish the object in riew7 Tu carry on a
war against us, it appears lo me that Qreal Brit-
aiik would be put to very Utile addilioiial ezpeoie.
She has been obliged to resort lo every means oi
offence and dt^fence agaiost her European ene-
mies; and the very weapons which she makes
useof agnin^it ihem the could, in part, turn agaii '
as, without adding anything to her ezpenditui
Thus, while she can carry on the war with facil-
ity against u", it will be far different with U. By
going to war we deprive ourselves of almost all
the commerce of the world ; we deprive otir*elvi
of the. opportunity of deriving revenue from thoi
sources trom which we hare hitherto leeeivad
it; and, at the same time, reduce our ci
•ucJi a situation of distress and privation as to
nader them wholly unabde to bear the btudenof

ternal taxes which must be resorted to, to raise
the necestary supplies. I believe that, in a war
if defence, for the protection of the soil, ibis
lounlry is invulnerable; 1 believe that there is
10 sacrifice which would not be cheerfully offered
up by our fellow-cilizen« in support of such a
war ; there the hands and the hearts of the peo-
ple would be with you ; but when we are called
o enter into a war of offence for the aiiaiu-
ind securiiy of certain ends, which there is
by no means a certainly of attaining; a war, of
which it Is impossible lo fure^iee the consequences

r to fix the prohoble period of its term i oat ion ;
is putting; the happiness and safely orourcouu-

j too much at rink to plunge into auch a war.
ou may involve the uaiion in such a war, and
hen they find themselves engaged in it, ihey
will feel bound to carry it on; but I venture to
predict that the AdminisIratioD, or the majority,
which involves the nation io such a war, wilt not
lODg exist. The naliao is not prepared for war.
It has been justly observed, sir. that the nation ia
yei in a state of infancy ; it ia growing fast, and
if nothing 10 impede its growth or destroy ita
firengih be done at this day, it will soon assume
the form and vigor of manhood ; it will soon ar-
at thai masculine stale, that it will be abla
only to repel aggressions, but lo chastise the
aggressora. I have already Kiaied that, in a just
and necessary war, a war which is no longer to
be avoided without a sacrifice of naiionai honor
and ualional righLi, I sliell be as ready lo engage
as any men in the nation; but I do not believe
we are yet reduced to that situation ; and when I
view the critical siiualton of the European world
engaged in a most sanguinary confiict, and then
turn ay eyes to the peaceful and happy situation
of my own country, I cannot conssoi to engage
her rashly in the doubtful coolest.

The report of the committee on our foreign re-
lations states three alieraative.i, out of which it ia
said we must take a choice; these are, embargo,
war, or submission. The last is rejected by eve-
ry man. It would seem, then, that there is only
a choiee between embargo and war. If the ar-
guments of gentlemen in the minority bad been
attended to, if they had been coolly and carefully
weighed and examined, I thiuk it would have
been aecn that there was another course, a path
by which we could travel in safety, which, while
it would lead us from embargo, would avoid war.
This path has been repeatedly pointed out to yon
before this day ; and has been now again repeat-
ed by the geniltman from Maryland. (Mr. Ket.)
It is this: repeal your embargo, and suffer your
mercbanti to arm their ships in their own de-
fence: to resist the violation of our lawful com-
merce. I would not grant ihem letters of marque
and repriral, because that would he wnr. but I
would authorize them, in every case, to resist un-
lawful seizwes and detealions. If I have any
idra of what would be the true eoursa of policy
for this Qovernmeni to pursue, thLi ia that course.
If I have a right understanding of what is truly
meant by ihe terms stibmitsion and resiatance, I
moat certainly think the proposition I hare madt

.yGoogle

1363

HISTORY OF CONGRESS.

H. OP R.

Repeal of the Embargo.

Febrdarv, 1809.

i« etaentiallr Tesiirtnce; that son
which our couotry is capable of making, and
which would show to [he envmy ihat we would
001 iubnilc to Clieir unjust orders atid decrees. I
shall not DOW enter inio bd argument lo show
thai the embargo is sObmission ; that has been
■uffieienily done on a former occaaion. 1 never
did belicTe ibat tbe embargo would hare a ea-
ereive efftcl on either of the belligerents. Sn-
tertainins thit opinion, when I aaw ihe niiion
retiiins from ihe ocean, iu order to avoid ifae ef-
fects of the iojurious orders and decrees of oiber
Powers, in compliance, as il were, with their
mnndaiea, il appeared to me as the inoac com-
plete, not to say.di:>graeerul, submission.

A geallemao from South Carolina, (Mr. D. R.
WiLLuue.) addressed foa a few days ago, sir,
and told you that he considered the minotiiy at
holding the deatinies of tbe nation; ihat it was
in their power to regulate the coune hereafter lo
be pursued. I confeu that, when the gentleman
made that obserraiion, it excited some surprise
as well as pleasure in my mind. I felt happy in
the momenlary idea, thai 1 might, perhaps, be
instrumental in so directing the course of this
nation, that we might at once aToid ScyUa and
Charybdis. 1 could not, however, distinctly un-
derstand ihe gentleman's meaning in the declara-
tion which be made. He did not tell u« in what
wav the raioorily posseiued the power which he
■poae of; he did not explain htmself sufficiently
to show that the minority do indeed hold the dea-
tioies of the nation in thi^ir bands. Bir, the des-
tinies of the nation, so far as hnman power
extends, are and must be in the hands of the mu-
joiity ; ihef are responsible to Ihe nation for the
course which shall be pursued, and it ii nnt in
their power bf any legerdemain to shift that re-
aponsibility from their afaoot^jera to those of the
minority. 1 believe that, so far as the power uf
the minority extends, they would use it to direct
the course of ibe naiiau in such a manner as lo
promote its peace, happiness, and lasting pros-
perity; and could they, indeed, guide its desti-
nies, they would, on tbe one hand, spurn, the idea
of submitting tbe rights and independence of the
nation, white, on tbe other, ibey WAuld, if possi-
ble, avoid involving their country in a calamitous
and ruinoo* war.

There is one point of Tiew in which this sub-
ject has pUssed over my mind, and on which I
feel extreme delicacy in expressing myself, be-
cause 1 do not know now far it may be allowable
for me to touch on a topic, into which I do not
wish lo enter improperly, but which i* so impor*
laot that I have never lost sight of it when con-
sidering this subject. As the resolution is penned,
il contemplates a hostile resistance to both belli-
^reots; an offensive war against them. Ica ob-

ieet has been so explained by the gentleman who
rought il forward. I endeavored to show, when
I firtt rose, how far we might operate againit
Great Britain to an offensive war. Can we act
with any greal effect upon France? Have we
those means of nperaiing opoB ber bv war, to at
to induce her to reaeind oer deoreea) I confaaa

I hare never yet been able to tee where she in
vulnerable lo attack from ns, or how she is to
make an attack on us. She has no poiseMJona on
this continent, nor any commerce on the ocean.
To me it appears that, although we ostensibly
make a declaration of war against both belligerents,
Ihe contest, in reality, will he hot with one. When
we shall have entered into this contest, we shall
find that, with Oreai Britain, we shall have aa

with hei', action cannot take place. After we
shall have been en^ged in the contest for a short
time, having received many severe and bloody
blows from Qreal Britain, the irritation of ibe
nation would be excited to the highest possible
degree, and of course ibe disposition to continue
the war with her would be greatly increased. On
the part of France no such circumstances coald
occur. Having felt no serious effects from her
ho!ttility, we should hare no strong incentive^
arising from suffering, to continue a war with her.
The higher the irritation was excited against tbe
one, the more it woold be allayed towards the
other.

Tbe Smjicrerof tlie Firnch, seeing one of the
fondest objecia of his solicitude accomplished,
ihat of inducing America lo follow the example
of the European naiiooa, by engaging in the war
against Oreal Britain; seeing us engaged in a
contest from which we cannot withdraw, with-
out dishonor and disgmee, will come to an accom-
modation with us. I know not what other geo*
ilemen may think of such a result as this, bat I
confess that I do not wish to see it. Sir, I dread
that man's friendship infinitely more than bis
enmity ; that kind of friendship, I mean, which
would connect us with him as his allies ; I shrink
from it with horror. Where is the nation which
has accepted of his friendship, that is not now his
vassal 7 Perhaps there is one solitary instance to
the contrary ; Russia may be an exception, thanks
to her {lower. But, excepting ibis, where is ihe
nation to whom he has extended his friendly
band, that it* touch, more deleterious in its effects
than the poisonous effluvia of the bohon iipa5, baa
not quickly withered their liberties? Believing
that all ihe professions of tint man, about the
freedom of the seas, are insincere and hollow ;
[hat he has no more regard for ihe freedom of
the seas than for the liberty of the land. I have
no desire lo join him in the contest. Were we
now 10 humble Great Britain, to get possession of
her fleet, and lo rule ever Burope, is iher« anf
^oilemen in this Commiilee wbo can persuade
himself, for an instant, that he would respect tbe
liberty of the seas 7 If any gentleman, with all
the experienae which we have bad of the con-
duct of that man. can persuade himself of snch
a result, 1 should pity his head while I did jns-
lice to his heart. 1 have no doubt, in ca^e the
event alluded to takes place, ibai we shall hare
tbe highest professions of friendship; not only

Eofeisions, sir, but acts. No douhi but he would
generous enough to loan u* money, and offi-
cers and men to carry on his War. He lent them
to Spain, sir ; he sent hia oSeera and hi* legiona

.yGoogIc

1366

HISTORY OP CONGRESS.

1806

Pebrdakt, IBOtf.

Repeal of the Embargo.

H. OF R.

into ber empire Tor her protection; aad when be
bad got them placed at ibe proper points, be iben
did as, in every other iDBlance lie had done where
he had ibe power; he told then) ibey were no
longer free, that Spain wai no longer a oation ;
thai ibev niuil accept of a dbw master. I have
not ibe least doubt but be would pnrsoe the same
course with us, if he had (be opportunity. He
would not only lend as the means of subjogaliag
us, but, in his gracioas cOndeacension, I hare no
doabt but he would also lend ua a royal brother
to rule OTer as, to ameliorate oar coDdirion.

Gentlemen may suppose, sir, ibat ibese are
mere fanciful ideas, which we are in no danger of
realizing. I hope, indeed, we shall, not realize
them ; and tbit, in order, to e&cape a result so ca-
lamitous, we shall avoid the ensnaring friendsbip
of that man. Viewing the prEseol disaatrous
eiiuatiou of the world ; seeing the whole of Eu-
rope groaning under the miseries of war and des-
olation ; engaged in a contest, to ibe lerminatioo
of which no man can look with aoy certainly, 1
am anxiously desirous of preserving roy country
from its Tortcx. Whether the Commiliee shall
be of opinion with me that Ibe daagera I have
pointed out are to be apprehended or not, yetthe
caiamiiiea and disasters of war are so great; that
we oo^bl to pause and to aik ourselTCs, what is
its object, and what will be the probable result?
Is there any probabilily that, bv entering into a
war Bt this lime, with buib Prance and Great
Britain, we can accomplish'tbe object we hare in
Tiew 1 Can we so act upon them as to compel
them ID indemnify us for ibe past, or to respect
our rights for ibe future 1 I have endeavored lo
■bow, sir, what I couscieniiausly buliere, that we
caunot. Impressed with tbis firm conviction, i
trust that the good sense of this Commiliee will
induce (hem, before ihey try the last awful resort,
to use every honorable expedient for the presei-
vatioD of peace.

I stall be in favor of striking out the words of
the resolution which relate 10 granting letters of
marque and reprisal ; but I da not very well like

the

udment offered by the honorable gen
from Virginia, (Mr. Rahooi^ph,) in liet

them. I had drawn up an amendment which I
had wished to have proposed ; and, Tor the infor*
mation of the Commiliee, I will read it. It lata
follow the word ''authorizing," in tbe resolution,
and is in these words ; . '

" Under suitable regulations and restrictioni, to be
proTjiled br law, the citizens of the United States to
ana their ships, fcr their otm defence, against illegal
Mtmrei uid detentions when engaged in lawfiil com'

The difference between the amendment under
consideiatioo, and that which I propose, consists
ID this: that the former points to an opposiitoo
to all searebea or seizures as lung as the orden
and decrees are in existence ; the lalier to an op-
pofition to seizures and detentions under those
orders and decrees, contrary to tbe laws of na-
tions. Now, there are certain rights of belli^r-
enis aa well as of neutrals on the ocean, to which
I think it proper ibat all naliocs should anhmit.

There are certain clear and defined laws of na-
tions, which, for the sake of preserving peace, we
ought to adhere to. It is true that the orders and
decrees, of which we complain, violate neutral
rights, and trample upon tlto^e principlei which
ought to be held sacred : hut I do not think that
a departure from justice on their pan, would make
it good policy in us to follow iheir example; I
am not willing, because (hey violate neutral
rights, that we should resist acknowledged belli-
Eerent ri)rhls. It is always a maxim with me to
leave my enemy in the wrong; and I hold it to
be a correr-t principle in national a.s well as indi-
ridual concerns. By so doing you have a decided
advantage over him, and, in his moments of re-
flection, if be has any. he will discover^our supe-
riority over bim, and will feel a disposition to do
you justice, in order to be on an equality with

As the measure for which the substilute is pro-
posed, has been brought forward, not in opposi-
lioo 10 the acknawl«lged rights of nations, but
only to their unjust orders and decrees, I should
wish whatever substitute we adopt to bave the
same tendency; that it should be opposed to alt
illegal aeizores and deten lions, hot not to (hose
searches admitted by tbe general law of naiioQ!.
1 wish, in the measures that we adopt, that ws
may be careful not to extend tbe ground of col-
lision ; ] wish our measures la be confined within
snch bounds, that it shall not create a jealousy on
their part, that we mean to contend, at this par-
ticular lime, for things which we have not here-
tofore contended for, things which we know they
will not concede. It is in this view of the subject
that 1 prefer ibe amendment, which I have read,
!□ thai offered by ibe gentleman from Virginia.
The resolution is only the foundation of a bill
into which all ihe necessary restrictions and reg-
ulations may be introduced. It will be neeesHary,
if we permit our merchants to arm, to place them
under proper resirieiions, or tbe nation might be
involved in a war by the act* of iodividnals. If
the amendment should take place, it will he an
evidence lo the belligerents that we are peaceably
disposed ; that, white we are determined not to
surrender our rights, we are anxious for an ami-
cable adiubimeni wiih (hem upon honorable
terms. I beliere that this will have a belter ef-
fect in inducing them to repeal iheir unjust edicts,
than all the open and avowed hostility which we
can make against them. I trust that until every
honorable ineans of preserving peace have been
exhausted, until we are convinced that there is
no other way of preserving our national honor
and independence, that a majority of this Com-
mittee and of Congress will not be disposed to
rush madly into a ruinous and destructive war.

Mr. D. R. WiLLiaue said, he hoped that tbe
House would do him ihe justice to believe, for
he had given many proofs of it, that allbongh he
bad talked much aboui war lately, he felt just aa
strong an aversion against going lo war, while
peace can be preserved without disgrace, as any
man could do. The gentleman from Pennsylva-
DU (Mr. MiLiiOB) cannot ftel more than i do on

.yGoogIc

13«7

HISTORY OF CONGRESS.

H..or R.

Repeal of the Embargo.

FmnoAMv, 1800.

the subject of foreign relations, except in one par-
ticular point or view — lliat subcaiBiioa to the
edicu of Great Briiaio and ffrioce, seems to him
Ins heinoui, less dreadful lo the naliooal inter-
eata than it does to roe. The geallemao has read
to you an amendment, which he woald propose.
What was il8 tendency 1 To permit your mer-
chantmen to pay the tribute armed, rather than
defeiicelesi. as if the mere pernjJBaiun lo arm
eoulJ vary the terms or the operation of the bvl-
Ugecent edicls. Were you not told by him that
he moat sincerely believed that by war, or by any
measure which you could adopt, Great Britain
would not be induced to repeal her Orders in
Council? And yet he aitenipted to persuade
yau, it is expedient to depend upon the very fee-
blent eSurt that can be raa^ie, as resisiance, when
io the same breatli, lie declared the whole ener-
gies of the nalion. exerted in open war, would be
loadequaie. Id adrocatiift the repeal of the enr-
barjio, tben, he must be for subniiiston. The gen-
tleman Eliakes bis head. Sir, I wish he would be
■o good as lo tell us, if out aubmiasion, what it is
he IS for 1

Mr. MiLNOR said that be would not aubmit.
He had endeavored to show that tlic course which
he proposed lo pursue would not be submiasioa.
If be had failed to convince the gentlenian from
Souih Carolina of it, it was not his fault; but
while be believed ibat siu;h a measure would be
mofe essential resistaoce than the embargo, he
ahould give ir preference. To satisfy the genlle-
man from South Carolina on the subject of sub-
mission to tribute, he could observe, that he was
ready to adopt any measure which the genilemao
could point out, to prevent the payment of tribute.

Mr. W11.L.1AMS said that be was much obliged
to the gentleman, and would, in three words, tell
him how toavoid paying a tribute — continue the
embargo. For ibe gentleman end the minority
to help him, who seem willios to accept of what
ha could not but consider a tributary commerce,
eao — the embargo repealed — devise no mode of
preventing the payment of the Iribuca by our
merchantmen short of war.

To my plain understanding, sir, the emeud-
meoi, as proposed, ends in Ibis ; That our vessels
bound to England wilt, IT they make any sliow of
resisiance, do it by QuaJter guns. Every gantle-
mon, in the least acquainted with maritinie
phrases, understands the term ; while, on the con-
tmry, if they do resist, it will only be (o involve
TOu in a war with France — an inducement, I be-
lieve, wiih many of its advocates for supporting
it We have now arrived at a period when the
seoiimenls of every member should be explicitly <
kaowo. That moment you pul the country in a
situation which subjects its commerce to tribute,
I am for war with Great Britain, because any
course short of war makes you tributary to her.

Some days since, I declared to ihe minority —
it was in the sincerity of my heart I apake — that
they could save the country from its present
dreadful situation. They know that they have
produced a stale of things that must not be auf-
land to ezUt. They have redocad us to the

aUernaiive of eoforeing the law by physical force,
or of repealing it. That they aiill possess the
power to put dows the effervescence they have
excited, I cannot doubt ; for while the iohabitaau
of the South are forming patriotic associatioaa
lo enforce the law, some in the North, so excited,
are exerting themselves to prevent its executioo.
I called upon them then, I entreat them now, to
remember what are the dearest inieresis of their
coontry — lo put down the opposition to the law.
By silencing It what will they do? Endear ibent-
selves 10 the nalion— merit lis thanks — save the
Government without the aid of the bayonet from
lbs disgraceof imhecitily— and, io so doing, must
necessarily save the character of the nation from
the black stain incideol (o foreign taxalioa,aad
from sinking into the low'est stale of degradation.
This idea of isibute, of again becoming British
colonies, I cannot think, much less speak of, with
patience. 1 will begin in another place — of the
embargo. Upon this subject gentlemen caert
tbemBelveB,.because they are inieresied in decry-
ing it ; for, when it was originally imposed^ they
told you that it would be iuefiectualraad we all
know some of them have done ererythiog that
could be considered neeesiarjr to realize the pro-
phecy. Passing over the original causes alto-
gether, subsequent events show, that the measure
ynt wise. They wish now to induce the people
to believe ihat it was not wise, not necessary,
because in driving us from it, they drive us tnio
war; and if the removal of it be fallowed by
war, no matter in whi^t way, gentiemeti feel that
they must take the responsibility of it to them-
selves. Sir, they have told us, in sabsUnce—for
the' open avowal would not do— that We were the
haseat crealDies in the world; that we have nei-
ther virtue nor enefgy to direct the energies of
the nation ; tbal we imposed the embargo m sub-
servience to France; and, unfounded as the accu-
salioD is, it has been the cry from one end of tfae
country to the other. Now, sir, we approach the
period when, from the excitement in the Bast,
war may be preferable. What isihecooae^aencef
Why, sir, the very men who taxed you with base
submission, with supererogatinu in submissiaa,
who vapored about national honor, and the main-
tenance of maritime rights, now warn you not to
plunge the nation iotowarl And, in order to
alarm and prevent yon from defending the rights
of the nation by arms, dilateopoir the moostrolu
power of the belligerents opposed to you. The
geatlemen have surely forgotten, that, whea oaa
of these very Powers was mistress of this eoan-
iry, of wbow ablest Minister ii has been Uuly
said, ibai with one band he smote the Bourbw.
oD his throne, and in ibeothet wielded the democ-
racy of England, we fought with, and cooqaered
oor independeoce from ner. Are nre to be now
told, if we are driven into a war, that we cannot
resist her? The genileioan from Penosylraoia
(Ur. MiLNoa) told you, that you cannot now
get rid of the Order* io Council even by war;
while you were yet in the gristle, you conquered
from Oreal Britain the sovereignty of the soil
we live on ; and, leal ihia obacrvaiion should be

.yGoogIc

HISTORY OF CONGRESS.

13TO

Pebrdart, 1809.

Rfpeal of the EaAargp.

H. orR.

JDsafGeieat, f ou ai« eonjared hj others aot to ^
10 war, btcauie [be Executive has been wrong.
OeDilemeir entertala, at least detain, as. b; read-
ing the doGuments, hour nftei hour, to prove il.
Pot Ood's sake, «ir, auppoiingp the Eiecotive baa
beeti wrong frota flrst to tast, is this a reason why
ihff will not resist ToreiKn tsxation? You are
lared more heavily by Great Britaia than her
own colonies are, or Ihan you are by your own
Qoveroment; yon are in a tnneh worse situation
as to the exportation of the produce o( your own
•oil, under the operation of the Orders in Coun-
cil, ibsQ the island of Jsraajca, and I cm prove
it if Kratlemen deojr it. The produce ot that
island, it is true, is necessarily constrained to be
first deposited in Great Britain ; but all the sur-
plus of that produce is free to be exported iheoce,
and entitled to drawback. Is it lo with yours?
No, sir, the rreat staple of the country, cotton,
worlb more than any two others. i» coerced into
England, and absolutely prohibited from exporta-
tion iliogetber. You are to raise cotton, lo carrv
it to the British isle and no where else. What
docs this ainoiiQl to'? Anyihins short of a posi-
tive assumption of the sovereignty of the soil?
I heard a gentleman before me, (Mr. RAHnoLpa )
with H patriotism and warmth of eloquence which
fired my bosom, exclaim against the violation of
our territory in 1805. Touch ibe soil, said he,
and you touch the life-blood of every roan on it.
What is your situatioD now ? Every square foot
of cultivated land in the country is laid under
eooiribuiion, and gentlemeo very coolly say they
will repeal the embargo, and will nnt go lo war
under such circumslani^es until it is forced upon
them. Tbey want catue of war. Yes, sir, this
ia a truth, and take notice of it that the British
colonial system only requires the importation of
colonial produce into the mother connlry. Your
produce is placed in tbe same situation, with this
addition; coerced into her ports, you are prohib-
ited from re-expur(in^oiie^c'Bt article, cotton, and
on other articles duties of 40 and 50 per cent, are
imposed on iheir re-exportation. And why, alrl
They tell you that you must carry your cotton
there, because they want it. Whiit does Mr. Ers-
kine tell you is the cause of the regulation in
relation locotioo? Why, «ir, betold you insult-
ickely that you must look to ihe prosperous stale
M ine Frenab manufactures for Ibt cause. And
vet ^eDilemen want cause of war; ihey cannot
(d this ace anything distressful to the conntry or
disgraceful to its character.

I think, sir, that the best course which we can
pursue would be to «ay nothing at ell about the
repeal of the embargo. And if gentlemen will do
so we may chance to have an accommodation of
all our dinereners, because then an opportunity
will be given to the Executive, which be wilt not
otherwise have, to atiempt an accommodation. It
was considered a kind Ol treason here the other
day when I spoke of an extra mission ; but it is a
very fashionable idea all over ibe Hnuse now.
Even the worthy gentleman from Virginia before
me (Mr. RAifDOt-Ps) has no ohjeclion to one more
chance for accommodaiioD. Now, if gentlemen

will not go to war with os, and-really they talk
as if they will not, let them adhere to the em-
bargo and give a ebanee for negotiation. Let us
have this one other chance for an honorahie ac-
commodation.

! do really believe, sir, that war is preferable
to submission. I have been educated in this kind
of opinion, end I canoi give it up promptly. But
it is untiecessary, Bsy gentlemen; you can gain
nothing by it. Sup|)ase you had made this cal-
culallon daring the Revolutionary war ; suppose,
Mr. Chairman, that you (Mr. Macok) had been
thinking of what you coutd make instead oFniarch-
ing to South Carolina, and losing your all In the
common cause — where would you have been
now? Would you ever have been Speaker of
tbe House of Representatives of the United
States? Would any of these gentlemen have the
honor ofseais here? And shall we abandon them
now without an exertion 7

We are told thai we must not goto war, be-
cause of the monstrous disproportion between om
revenue and that of tbe British Qovernment,
Did not the disproportion exist in a sreaier degree
durine the Revolutionary war, when we were
without a Uoveromeot? Yes, sir; but you had
that in abundance, in which 1 fear we are veijr
deficient now — patriotism. Yon conquered the
soil then without revenue — and will you stop
to calculate what is the proportion of your reve-
nue to that of Great Britain when she is bring-
ing you to a worse oiaie than you were in be-
fore you became free? For it is a fact that
the state in which we are placed if we trade
under the Orders in Council, is much worse than
that which you, Mr. Chairman, assisted to re-
deem us from. One, certainly not ibe least of
the attribute* of sovereignty, is the power to lay
taxes and consequently to repeal them— here »
a tax imposed upon you without your consent —
can you get it off? No, says the gentleman from
Pennsylvania (Mr. Milhok.) Then, sir, we
should abdicate the Government. Yuu are taxed
without your knowledge, against your consent.
We cannot get il removed, says the gentleman.
1 do not believe it, sir; I would bury the last man
in the country before i would accede to it.

A gentleman from New York, (Mr. Gards-
nibr) says he wishes the nation to grow. I too
wish it. tf it conld be allowed to grow rn honor,
in virtue, in palriotitni ; but if not, ! would not
desire it should '^stari a peg." Stop where you
are, with honor, rather than grow in dix^race.
I wish not to see the notion, lo use the converse
of his metaphor, like a gresi booby who has been
told by his mother, "don't fight Billy till you grow
big," and then he won't fi^ht in defence of bis
own person; every linlefellg win tbe street spurns
him. The gentleman says, we may be a .>puoky,
though ■ rickelty set of little felluws. Sir, 1 had
rather be xmall, than a coward ; a rickeity free-
man, with one hand and one arm, than a sinve
with (be hand«omesi appearance possible. The
plain question presented for your determinatioD
isthis; will you live slnves or [lie freemen ? It
iseasy of aoluliooj you can't hnd an Amerieanin

.yGoogIc

1S71

mSTOET OF C0NCIBE8S.

Repeat q/" (Ac Embargo.

Febbdart. 1S09.

lb« oalLon, ao loil to honor, lo reeling, «* DOl lo
t»j. " I will DQl live a tlavf ." And wby not irn-
ptort tlieoppurluniiy (u wipe off ibis ainin? No.
Hfi th« geatlemiD from Mirylind, (Mr. Kev.)
(here is rraion to ff ar ihf CnniinaDder-iu-Chiel
may be dangerons, an aoibitioua man, aod OTcr-
tgro the CuoMiiutioD. What, »ir, can place us
in B worse giiuaiioa thsn We are now in 7 8up-
poKF an army of fifty Ibouiind men raii«d, with
■ Chief at iia head, Jispotfd to sacriliceour liber-
ties, would you prefer ihal every attribute of bot
ereignty shall be blaMed by Briiain, rather than
lake the riiL of baring an ambitious General to
resist her? If the Constitution is made of such
btiiile stuff at not to aland a single war j if it is
only to be preserved by aubmisaion Xo foreign
laiatioQ, I shall very soon lose all solicitude for
its preaervBiion. The genilemao also tallied
■bout the dangers avoided by the developmeol
of Burr's real character, as if a foreign was lo be
preferred to ■ domestic tyrant. If 1 could choose
in such a case, I would raiher lake my chance
with the latter than the furnier; indeed, mui '
rather have a sovereign from among our ov
native bluod royal, than from the royal family
England. You know, sir, ihey are not apt lo be
ovetburdsaed with a certain, commodiljr, con-
sidered essential to good Ooveiameot tn ibia
country.

Do (lot shackle ua with war measures, let the
nation grow, Mys ihegenllemaa from New York',
(Mr. G«RDEtJiEH.) I am much mistaken, air, if
the gentlemao himself was. not the first who
dedured fur war. I am positive he told you,
monlbs Bince, be was for a declaration of war
againii France; but now, Q real Britain is t£e
aubject, he cries, don't aliacklE us with war roea-
aures. Can lie iiave forgot bis own dexcriptinn
of the ambilion and renourcen of Bonaparie^

power o( Mapoleoo 1 The gentleman d-well upon
It ao long, he realty appeared lowarda the close,
lo be under en appreheonion of its extension even
Oirer ua. He ought cerlaioly to remember this
is the man wbo h^s truly smote the Bourbon*,
has humbled the proud houoe of Austria, hks
eruahed the power of Ptusaia, and who has van-
quiihed even the ''heroic, ibe gallant Alexan-
der." Declare war againtt France, said ibe gen-
ileman yesterday ; do not sbackle us with war
measure*, to day I Sir, waen the gentlemen
on the other side begin lo fear the power of
Brilain, < r (o tremble m the eztensiun of Bona-
parte's, ihey pny marked homage to the wisdom
of the embargo tneaiure, for it alone has pre-
aerved us frum collisions with both theae mighty
oaiiona.

Every gentleman wbo has spoken on the oppo-
alte side, han declared thai the French edicts are
inoperaiive, are empty menaces; ihry have sup
posed, ibey have proven Iheir positioa, by the
premiums of insurance; and are we, therefore,
oeeausa they are inoperative, lo declare wai
■gainst her? The orders of Great Britain, but
for the embargo, would be operative, would bare

intercepted all your commerce, and yet we mast
pay her I Qf nilemen say we cannot come ia lo
contact with France, her decrees are inoperative,
iherefore, we must flgbt ber; while Great Brit-
ain, wbo does come into collision with yua who
atiempli lo blast your ciiaracter, to sap your most
vital .interests, who has imposed tribute on jrou,
must be propitiated by money, must be paid! How
does thia aound, air? Not very spirited; what
is it in reality? Contemptible- cowardice. My
ideas of honor, of national rights and justice, re-
volt at this thing. The gentleman from New
York. I recollect, some time since declaimed witk
a pathos thai moved my aoul, when we were
about to determine th^ order of the day of th«
aupplrmenial embargo bill, "give us but one
day's liberty," said he —

" A day, an hour of viitnooa liberty,
" U worth' a whola Memity vf bondage."
And it is true. air. 'What doea he now say 7
Virtually, that be will submit; that he will con-
sent, for a bumble commerce, circumscribed and
regulated by Great Brilain, lo pay tribute to
her. The gentleman's passions were eicited ;
he could see nolhinz ^'^^ i<iavL'ry under the oper-
Hliun uf a lew of his own country; but when the
Orders in Council are under consideralion, he is
off; and not he alone, but many of the opposers
of the embargo.

TbegcDileiUHQ from Connecticut, a Ruvohiiion-
ary character. (Mr. Tallmadoe,) called apon us
the other day to repeal the embargo, and to take
a stand calculated to maintain the honor and
dignity of the nation, but was extremely cautious
not lo say what that Htand is; and really^, if bis
stand is not betiler calculaieid to maiuiaia the
rights of the nation, than bis reasoas are forcible
for the repeal, they will be poorly maintained in-
deed. He offered you lhiee,abd but three reaatrai
for the repeal. I veiy much doubt whether the
genilemau will be willing to raoogaise them for
his own when he hears them repeated; crrtaioly
much abler arguments are lo be expected fhim a
Representative from the State of Conaeciicut,
which having been steady in its habits, musi
h^ve, by this time, if we ■re to believe the sUjig
of former days, monopolized ell the " virtue and
talents of her neighbors." 1. Because a grajid
jury of Vermont had sometime ago presented the

firoclamaiioa of the President, issued iti April
1st. This preaenlmem of the grand jury, if it
iver had been a reason, which I deny, for repeal-
ing the embargo, ha* lost that character, being at
.east neutralized, by presentment* of an opposite
:asl — I question whether Gve gentlemen in the
House ever beard of it before. 2. That the mi-
' I,' perhaps of Providence, (Rhode Island,) had
ibeyed the orders of th« Governor. I nm hap-
py to say the alarms, which had been excited in
my miad, relative to the stale of public mind
'lere, were much greater than the case aut bor-
ed. As to the pariicuUr case alluded to. I am
iformed by authority, In my mind perfectly con-
usivf, (hat although, the militia did not carry
lid execuiiuD the ordera isaued by the proper

.yGoogIc

1S7S

HISTORY OP CONGRESS.

Fbbidart, 1809.

Repial of the Embargo.

H. or R.

uiihorjt)', U was not ibnt kind of disobediencE, if
JLcaa be lermeil disobedience at all, to wbich aoy-
ibing repreliensible can be attacbed; ihey were
paraded, ihe vessel which it wati iniended lliey
shoulij detain, was beyond iheir reacb. Is (bis a
reasoD, sir, for repealing tbe erubarga? So far
from its ihoffJD^ a ipiril of resUuDce, it is a
proof (lial the law eren there doea govera. 3.
That [he cotlecloi* will be thruwD into jail, ioaa-
much as they will be required, uoder the opera-
tion of Stale lawii, to ^i7e bond for damages to so
large ao amouai that sureties cannot be obtained.
As to [hii objectioa, it is equally futile with the
^ others. Let the whole machinery, of State law
be directed to tliis point, 1 believe Mr. Qallatin
loajr, as it were wii% a single stroke of his pen,
put it down completely. However large the bail
required may be^ if the Secretary of the Treasury
orders the deposite of public money to be remov-
ed from one bank lo another, that bank which
aecures the depoaliea will furnish the collector's
security. I am not (o be upderaiood tbai this has
been done, but calculating on the sagacity and
fidelity of the Secretary of the Treasury, I have
no duubt it will be done, when necessary. It is
not certain, far otherwise, that there will be such
a necessity — but happen when it may, (he same
fpiril which has exuiied so much aensation in the
EafI — mercantile cupidity — money will furnish
the remedy. Bad indeed, sir, mum be that cause
which can be sustained by do better arguments
than these. The gentleman from Cunoecticui
thould abandon it.

My worthy friend from Virgioia (Mr. Rah-
DoLpa) urged yesterday, as a reason why you
ahuuld not go to war. that you will Itiereby
pledge every shilling and the last drop of blood
m the naiiou, for (he maintenance of maritime
Tights in everjr sea. If we go lo war, certainly
I should be for asserting those lights every-
where, but— [Mr, RanooLPB said he bad object-
ed to aJoptiug the resolution of the gentleman
from Virgiaia {lAt. Nicbolab) as being that
pledge.] That is not atl which I understand by
It, liaid Mr. W, 1 consider ibe resululion lania-
mount to a declaration of waf a^d shall vote for
it, at leatt so much of it as delates to letters of
marque and reprisal; not for the maintenance
of maritime rishis in every sea only, but for the
preaeivatioD of sovereignty on the land. If the
objection to leaving commerce to protect itself,
by means of armed merchantmen, rested only
where the geoileman placed it, 1 could accede to
his ameodment ; for merchants do not deserve
more, if *o much, as any other class in the com-
munity, that the whole national reaources should
be pledged for the mainienftDce of their individ-
Dal benefit ; but while my friend and myself are
unwilling tu do Ihii, assuredly we ought not to
aiy, they alone shall Gghi the nation's battles.
Adopt the amendment, and you thereby declare
marititne rights shall iiot be defended by Oov-
crnmeni, and yet in Ibe rame declaralion you
make that very interestsuslaitt the whole national
caise — :f any fighting la done, it is to be dune by
tbuse very lueicbtatt whom you resolve aol lo

nroieci. Sir, I cannot consent to such a project.
I wish to see the Uovernmertc and not tbe indi-
vidual alone embarked in Ibe eause — for one I
never will consent to pin my aefety and tbe rights
of (lie people of tbe United States on the sleevea
of the merchants only.

But my friend started another objection to the
embargo, which he says is not applicable to Jiia
plan — viz: that he Was tired of new experimeots —
that he liked a project tbe better for being old
and true — well sifted i so do I sir ; hut 1 should
be very glad to know if bis proposition be not
a bran new one. I profess lo be as little read
in maritime, of national, or indeed any other law
as any man, and thereiore it may not be aurpija-
ing ill am mistaken in the matter of fact, but
certainly, I never heard of such a system of war-
fare before ; nor do I believe such an one ever has
existed. No, sir; I never have heard of the per-
mission being grauled (o merchants to resiKl seiz-
ures without the right of reprisal. Bui the gen*
tlemau from Maryland (Mr. Key) has carried
this doctrine lo a much mure refined dislinctioD.
He would allow the merchants to resist co-exten-
sive with Ihe Orders of Council only io defence
uf their lawful irade; but the dispute must not
be widened and, therefore, they must only resist
such attacks as are made under tbe orders and
edicts. Under this system a corps of lawyers
will become as necesaary to a merchantman as
their cables aud anchors. I understood the gen-
tleman to take great pains to satisfy us that we
ought not to broach any subject of diKpuie, we
should not widen the breach, and therefore, we
should authorize no resistance to the exercise of
puwer,claimcdby the belligerents, though io con-
tent previous lo Jhose orders and decrees — and
this, sir, is the kind of resi.siance we are to make
against the impressment of seamen ; for the re-
covery of indemnity lor spoliated commerce; in-
sulted, tarnished honor 1 Sir, it is time we should
assume, if it is nut in our natures, nerve enough
to decide whether we will go to war or submit ;
if you submit, lor one, I declare 1 had much
rather do it without arming your merchanimen
with wooden sivords and (Quaker guns, when des-
tined to be tbe prey of either Qreal Britain or
France. Let tbe people undersinnd — they do
from the Delaware, South and West— thai the
uz is nut on our maritime rights alone, but that
it affects deeply the agricultural products of the
whole naiiuu; that (here is not a square foot of
this country but is io some measure laid under
contribution; thallheaoilis violated; and depend
ujion it, sir, ibis new, puoy kind of war will not
br approbated by them,

Tiie geotlemaa from Pennsylvania (Mr. Mil-
nob) did that which is very cimmun in the House,
attempted to follow suit to my friend from Vir-
ginia. He would cungraiulaie the nation on the
prospect before it. Iito wiih sioceriiy join Ihe
gentleman from Virginia, In congralulaijuna, that
during these limes of oscillation the character of
tbe nation is not yet comprumitted — 1 hope we
may be able lodu to, with as much iruib, a monih
hence. Thi« coagraiulaiioii was worthy vf iba

.yGoogIc

1376

mSTORT OP CONGRESS.

137<

H.c

Praidttitial BUetitm.

FiHDAiiT, 1809.

gentlemfl'i, bat Ihat of (Mr, Milnor) wat or a
very (lifferenl kind. He would eongraluiaie the
tialioD oa Ibe prospFcl of removing ihe embareo.
Depend upon it, sir, if the embareo ia repeaVed
aoa yoo lake no b«iler meens of asaerijug tbe
right! of (he nniioD tliaa thi* amendment, it will
be DO cause of satisraetjon to any of us— it will
be a juii cauK fur biiter lamenlBtioni to the na-
tioD. Naiioa, (ltd I layl It will be out of the
qaeation lo talk about tHe Dalian — you ereabaoi
lo become a no nation. Yuu may keep Dp alt this
gaudy paraphernalia of soferei^niy, thia solemn
mockery of independence ; but if you do not give
this torpedo, embargo, a chance to explode in the
heart 01 Great Britain, and will not go to war, you
are ruined ; you may talk of liberty, but what ia
it, wlian encumbered and borne down by foreign
taiation I No, sir, we arc again becoming Briti^ih
provinees, and therefore, it ia that I choose war
rather than ihia proposiiion, au inadequate, so illy
calculated to huataiD the pressure of the times.

The Committee rase, wjibout decidisg the
qoeation, and obtained leave to sit again.

MoNDAT, February 6.

Mr. BoBWBLL, from the ootnmittee to T^hom
waa relerrvd, un the second iosiani, a resolution
relaiiTe locertBin seiiofjourDal.s,docEimeatf,and.
reports, to be deposited in the Library of Congress
made a report ihereoQ ; which was read aitd con-
iidered: Whereupon.

Itetolved, That tbe Clerk of this House be di-
Kcied Id furnish the Library of Congress with
(WO compteie sets of the journals, aod of all print-
ed reports and public documeols laid before Gun-
gress, or eiiher House, at each session.

Mr. Qarohdb presenleil a petition of the in-
habitanls of PackersfielJ, in the Biate of New
Hampshire, praying Ihat the several acts laying
an embargo on all i>hip^ and vessels in the pons
aud harbors of the United States, and more effec-
tually to enforce the same, may be repeated,
whenever, in the judgment of Oongreas, it may
be eipedlent to adopt ihAt measure.

Mr. MuNFOBD presented a memorial of tbe
eitizcDs of the third and eighth wards of the city
of New York, to the like effect.

The said peiitioo aud memorial were referred
to the Committee of the whole House on the re-
aoluiioo) proposed by Mr. NtCRoi.«B and Mr.
Baoon, tbe tweniy-foarth and iweniy-aerenth
ultimo.

Mr. Burwbll presented to the House it memo-
rial of Samoe) Briscoe, and others. Commission-
ers nppiiiiiied hy a lawenaoled at the last session
of the General Assembly of Mnrytand, to receive
sobs riptiuoii for stock in the Su^iqueiiantia Bridge
Company, praying tbe aid and patronage of Con-
rre'-s to cnnble Ihe said company to effect the
object therein »pect6ed.

Mr. BuRWELL also presented to the House an
attested copy uf a late law pasted by the General
Assembly oI'Maryland, entitled "An act tbtocor-
porete a company fur Ihe purpose of btiilding a
bridge over tbe BaaquehBDna."

e ordered lo lie

PRESIDENTIAL ELECTION.

SeverRl petitions having been presRoied, ia ad-

lion to those heralufore atated, aKaiust tbe mode

which the late election in tbe State of UassB>

cbusetis was conducted —

Mr. Bacoh offered the following resolntioa:

Raalvtd, That the Clerk of this House da carry to

tbe Senate the saveral tnemarials from mndij chiieiia

of the Stale of Maaaachusetls, remonstratiog agsinsl

Ihe modi in which ttie ■ppotnliaent of Eleelon Ira

Piesidsnl and Vice President baa been proooeded to mi

Ihe part of the Sesata and Uouaa of BBpreaeotatiraa

of said BtatB. M UTegular and nnconatilutioiial, and

praying for the interforetK^ of the Benate and Hoiua

of KopreaeDtativea of tha United States, for tit ptir-

pMt of ortMHiing iht tHabluhattnt af «d dongaiinM

aprtcteaU."

Mr. Jt G. JACEaoR said he taw ih> objection to
the resolution, or even to going farther than it
proposed. The Conslilulion had dedared that
the election of Electors in each State shonld be
held in such manner as the Legislature ahould
direct; and, he said, he never could coDseot to
Ihe doctrine that any set of men. withont the aa-
thority of law, could .make an election of Elect-
ors. He believed that tbe case was not provided
for; and as the present case coald not vary the
general result of tbe Presidential election, gentle-
men appeared not to be disponed io interfere in il.
But, he hoped it would operate on the House to
induce them lo consider the propriety of providing
some mode of herea/ter distinguishing between
legal, and illegal or.surreplitious elections

Mr. Var Horh moved to strike out the words
io UaUc, as ha uoderstood them lU commiting
tbe House to eipress an opinion on the subject
of the petitions. Motion lost— yeas 18.

Mr. RowAH was onpaeed to the resotulion. He
CDOiended, that the Cooatjiution having provided
that each State shall cfaooae, in soch a manner as
tbe Legislature shall direet, a number of Electors
equal to the number of their .Senators and Rep-
resentatives, it was isiproper that ihia House
shoold interfere in ii. Why might it not irs well
interfere in the election of Senators? He said
that Congress certainly did not possess a saper-
iniending power over the acts of the States in
general caaetii if ihey did io this particular in-
stance, he wished it to be shown. He thoc^bt
that an inierferenee by Congress, would be an
assumption of power on their part forming a
dangeroQs precedent. The House was called up-
on IO say that the- L^i slate re of the State of
MBssacbuseiis had improperly directed the man*
ner of eleciioo. Was Congress to form for the
Slates a model of the manner in which they
should direct their elections lobe held? Con-
gress had no power to act on the subject. Why,
then, send the memorials to the Senate? He
*aid be was against taking any order in relation
lo them. In his opinion, it was improper lo give
tbe petitions a place on ibeGlea of the House, br-
cauM ibey related to a subject on whieb ihs

.yGoogIc

137T

mSTOET OF CONGRESS.

1378

Pbbrdirt, 1

Repeal of the Embargo.

H. OF R.

House b*d not ihc power to le^iKlate. Atihoueh
it wi) a i^roeral itrinciplaihtl ili peiiiiona should
be heard, (liix rule ceiiaiDlf did doI ipclude pe-
liiions oD local inacieri, or Siate cotiCprSK, on
which the Huu.ie had no jurisdiciiun. It seem-
ed to him improper, iherefore, ihnt fhe petilions
■honli) have been reerivrd ; bat, hnrin^ heea re-
ceived, he wi'hfd them lo lie on the table.

Mr. BiDON obacrved [bat the adoption of the
resolution would not commit the House at all.
He was aware thai there was a difficulty in eiit-
io^OD this subject, and be onlj' wished lu give an
iaiinutiun to the Senate that such peliiioo^ had
been received. It was but decorous id the peti-
tioners that ibeir peiitious should be broU(;hl into
view; tboDgb, Mr. B. said, with the ^nileman
from Kentucky, he doubted whether atiytbing
could be dune for them.

The resolution was agreed to— yea* 51, nays 24.

BEPEAL OF THE EMBARGO.

The following resolutions were offered by Mr.
DoaELL on Suiurday, aod referred to the Coid'
mittee oT the Whule on ihe TeM>lutioni of Mr.
Nicholas and Mr. Bacon ;

Saolvtd, That the United Butra wiH eonaider an;
eaptora and condeninition of merchanl Teiaeli or the
United Suteii, owned whull; b; a eiliun or eitiun*
thereof, anS engigf d in lawful comouircc, bj in Ksied
Tesselsailing under abeilisorentflig, and acting by and
under BUthoill; of order*, decreci, or edict* vioUting tha
lawful commerce or neolril righti of the United Slatas,
as a declarBlion of war on the imrtorttaat ODVernment
to wbif.h laid balllg3rent Sag shall belong, and in whoee
courts Bucb condeninalioo alwll be bad.

Ruolned. That the Preaident of tba United Btalea,
an being ■alisractorilj' informed of aucb capture and
condemnadon, sa BToreaaid, be requcatcd, forthirilh, to
re^l from lucb belligerent State, b; and under whou
ambority each capture and condemuition ihall be
made, auch resident Mioialer or .^finistara of tba Uni-
ted Slates as may reaide at the Government tbereof.

The House asain resolved itseir into a Com-
miilee of the Whole on the resolutions offered by
Mr. NiCH0t.A8, Mr. Ba£ON, and Mr. Durell.

The aiuendmenl offered to Mr. NicuaLAa'e res-
olution by Mr. RAiti>OLPB, inibefulluwiajtwords,
being under cuDsideratiiin : "To authorize tbv
' merchant veisels of the United Stales, owned
' wholly by citizens of the United States, lo arm
'and defend themselves agaiti-'i any armed vessi-U
' sailio^ under the British or Frrnuh fljj:,solong
'as their orders or decrees remain unrevukt'd:"

Mr. J. Q. Jacesoh rose and addressed the Chair
as follows:

Mr. Cbairroan : The questions before the Com-
mit tee most assuredly involve the destinies of this
nation, iu honor, and must essential interests. We
have arrived at a crisis, solemn atid porieniuua,
which no human wiKdum could foresee, no pru-
dence avert. The injustice of fureign nations has
increased with their knowledge ot uur pacific dis-
positions, UDlil, driven lo the wall, it behooves ns
lo'inake a stand iu defence of our country, its lib-
erties, and its tightn. 1 cuuld not have supposed
that, a( such a period, with the full lights before
lOlb Con. Sd Ssss. — 44

gentlemen, they would have mistaken the source
of our calamilieii, aud, shutting their eyeaa^iost
ibe attacks of our enemies, have found nothing
to condemn but their own Government; aud least
of all did I eipecl it from the gentleman from Del-
aware, whose candor I had highly appreciated;
nor am 1 now willing to accuse him of a want of
candor, although his slatemenla are partial, and
bis conclusiiins incorrect, hut rather attribute it
to that unfortunate imperfection of our uaturo
which presents suhjecis to our raioda in a form
most congenial to our feelinga. Looking atone
side only, we are blind lo.ihe evidencee on thp
other; and hence, often with tbe most upright
intentions we coademn meaaure* which atl boo-
est men should approve.

Tbe geoileman from Delaware aet out with de-
claring that the Adminisiration were the oource
from wherirenll our embarrassment* hnre flowed.
And how did he prove it, airl Why, by recuf-
ring to ihe volume of documents published at lbs
la!>i session of Congress, upon which the nation
has emphatically pronounced its judgment of ap-
proval. I am surprised that it escaped the saga-
city of thesenlleman, thai In that volume wg have
official inrutmniion (hat those embarrass me a la
owe their origin prinoipally 10 the h')9tile spirit
predominant in Great Britain against u«. Mr-
Monroe, in his letter concerning the Cherapeake,
(Doc. No. 1, p. 20, communicated last Winter,)
states :

" Sacb is the state of tbii country [Great Britain] at
Ihe present crisis, that it is impaasilile \o foresee what
will be its conduct tunardi the United Sutes. Tbara
h«a been at all times, since the com men cement of the
prrseDt war, a gtrang party her* for extending its rav-
ages to tbeto. This party ia combined of the ship-
ownera.tbe nan;, the Eaat and West India merchants,
and certain political charactera of grrat coniideration
in the State. So pawerful is tbii combination, that
nothing can be obtained of tha Government, on any
point, but what may be extorted by neceuity," &e.

The snme evidence of hostility occurs agaio,
in page 23 of the same document. Mr. Monroe

" By Mr. Canning's queries, in hia last note, I was
led to ciinsidcr it *a preparatory to an embargo on
American Teaseii, and intended to found si<me meea-
ure, on my reply, of an nnfrtendiy nature, aa most of
tbe gsieltcs had recammended, and tbe public mind
seemed to I'e essentially prepared for it."

In Mr. Monroe's valedicioiy letter, (Doc.No.4,
p. 44} hesiaies:

X Great Britain n aa resolved to yield no ground nbiiA
she could avoid, and evidently prepared to hsiard war,
rather than yield much."

1 prefer relying on the testimony of Mr. Monroe,
rather than nn (he uneiuivuc^l acts of a hostile
character cummiited hy Qrent Britain, because
.Vfr. Monroe has been considered better audiority
with certain Kenllemen than his Government iiseir;
Hnd the facility of explanations, dia
all (hat, do away the I'urce of ineasun
be laken towards us, in the eslimaliunoi me
always ailempi lo put their Qorernioeul
wrong. This gentleman it is, who tells u

rowals, and
which may
^f men who
jeut in the
s that

.yGoogIc

1379

HISTORY OF CONGRESS.

1380

H. OF B,

Repeal oftkt^^rgo^

Febiiii»rt, 1809.

whiltl

the •biMwi.eri, ihe ntvy, ihe Ea.l and Wwt la-
dit merchiois, ■ad cerwia polmcal ch>r>cier»ol
creaL ooosiderBtioD in the Stale, ate fut wir wilb
n« ■ ibal the gslMtes had recommended, and Ibe
public mind weie prepared, for hosiiie meaaures ;
(hat Ibey would yield nolhing llial was not e«-
torted, and ri.k a war rather tbati yield much.
And pray, sir, who are the chataclen dewribed
by him t Why, the whole roling interest in thai
oaiioa. When »uch language is addressed to the
American people, and they contemplate what are
tbe claims of their Gore rntaeni— what has been
iU forbearance ; how joat ar« iti pretensiona, and
how hnstile tljoae of Great Briiain— 1 am filled
with aurpriae unuiieiable that their ignorance can
be ao far counted on by men among ua as to
expect credit for their charges that we are hosiile
Is Great Briuin ; thai we are ^oforcing unjust
demands; and that we are in the wrongl The
centleman from Delaware accuses the Govi
meni of DeateciiPK our inierettt^of omitiiOj
treat with Great Britain in time. We know,
by painful expeiience, ibal treaties are a poor
rie^ against belligereQI encrpachiaenl ; a
we observe them with good faith, they -- ..—
tonly violated by others. We have now a treaty
with Great Britain, coosiating of ten arliclee.
They *re lo be perpetual, and (he first of ihero
declarea, that "there shall be a firm, inriolable,
and unireraal peace, and a true and sincere frieod-
abip" between ifiem and us. Notwithsiandiog
which, they haTeyiolated oor peace, and tram-
pled upon all the ties of friendship. Treaties,
therelore, are nothing— the laWs of nations are
nothing, also. „ , ,„

Bui sir, there was no neglect on onr mrt to
make a new ireaiy ; for the momeni the Treaty
of '94 was loosened from around oor neck, where
it bad hung like a millstone, offers were made-
measures were taken lo enier inio tiipulaiions
with them ; and the «en(l=iaan. »*are of^i" m's-
uke, changed his ground, by asBertiug that the
E»ecutive took a position io relation lo seamen,
which they knew would not, and rould not be
concedeil by the Briliab Govetnmen;
reverse i.'' the lacl ; and as mine hi
fact argument, as ihe principles I assi _

■ubaiantialed, I will adduce my proufs, for with
iDielligeni men, they are worth all the dec'-
tion of the roost eloquent orator*. The po
1 Uhe is this— the Eiecuiive bad the best ri
for believing that Great Britain would gi
her claim to ihe right of impressment. In No. 2,
page 20, it is staled an arraneement had been
made with Mr. King, lo give it up, and the oaljr
obstacle was an eiception of ihe '' narrow seas.
Ho. 3, page 32, the same fact occurs. In 1802
Lord Hawkesbury agreed with Mr. King "lo pro-
hibit impressmenia altogether on ihe high seas.
In page 5 of No. 3, it is repeated ; then surely it
was reasonable lo believe that Great Bniain
woald relinquish it enlirely, wlien the bad oSeted
lo relinquish it upon the "high seas.' In Feb-
ruary 1806,. page 113 of No. 2, Mr. Monroe in-
forms Mr. Fon, thai be had presented ihe subject
lo his predecessor, Lord Hawkesbury, and alter

laiier-of-

referringio his instances, he adds: "Iihinkmy-
' self perfectly correct in ataiiog that nothing oc-
' currtd in our conferences to justify an inference
' that he thought ihem unreasonable. They were

E' oslponed from time to lime, at his instance, and
nally transferred loLofd Harrowhy, bis succes-
' aot." Page 80 of No. 3, we find ihai Lord Vin-
cent entertained the subject in August 180&.
Page 64, Mr. Fox eipresses his snliciiude to make
such ariangemenls a* will ''render perpetual a
rybtem of mutual friendship." Page 93. Me>sr?L
Montoe and Finkney stale that Lords Holland
and Auckland '-were diligently and aniioosly
'employed in eodeavora lo devise an arrange-
' menl which should be convenient and honor-
' able to i^s, and at the same lime free from im-
' proper hazard to Great Britain;" and in page
1U6, the same gentlemen inform their Govern-
ment that" to (their) original project thus amend-
ed, ihe Briiifib Commiasioners seemed to give
their assent." In No. 1, page 41, even Mr. Can-
ning, iho redoubtable and polite Mr. Canning,
coodecend«loadmillhal"ata proper time Great
Britain may be re^dy to enlerialn it." Away-
then with ihe idle charge that ihe Sxecuiive
insincere, and have proved it, by urging a
which they knew never wonld be, and

could be conceded ; for all ihe Admioiatra-

liom of BngLand profeaied a willinsnesa to rem-
edy ihe evil. One of ibem proposed lo enter into
agreement to do it partially, and Mr. Canning
...Jiself, at '-a proper time," will listen to you.
After disptning of ihis serious charge, 1 come lo
the merits of the question. Was the ground
taken by us concerning seamen, proper? Did
Ihe honor and rights of the nation require ill
In considering this important subject I will ex-
ist. The practice of impressments, and the right
3d. Shall it be tolerated T can it be submitted

10 1

3d. The propositions made by ua lo Great Brit*
ain in relation lo il.

4ih. The formal arrangement.

Upon the first point, I will call the attention of
ihe Comroillee to the volume of-documenls poiol-
ing oui the practice and its injustice. Nothing
that I can add would sbed light upon it ; the hand
of a master is seen in the able elucidation, which
no one who deserves tbe name of freeman can
read, without feeling honest, bnnorable indigoa-
liou; and resolve that he will rally round the
consiituted authorities lo resist the usurpation.
Sir, I intended to read lo the Committee the lu-
minous letter of Mr. Madison, in pages 14, 15, 16,
17, 18, and 19, of No. 8, of tbe documents, but I
perceive thai 1 shall he drawn inlo a much more
lengthy discussion than I intended, and shall oc-
cupy more time than 1 ought. I will therefore
omit reading it. It is, or ought to be, in the hands
of every man, and is doubtless recollected by all;
he speaks of the iacted repaid in which properly
found on the high seas is held by all nations;
(bat no mailer how manifest the presumption is,
thai it is liable to seizure; no matter how incon-

.yGooglc

HISTORY OP CONGRESS.

Pebbdibt. 1809.

Repeal of the Embargo.

H. OP R.

siderable ihe valucor flagitious the cooducl of
its possessor, it is earned before ii legal trrbunal,
aod a ret;ular trial is had ; but tliE great and para-
mount questioD of allegiance is.decided in an in-
stant, by an interested commander, who wants
sailors; and every brave finr-loobing fellow, who
(peaks ibe same language, and has the same com
plexion ofa British aabject, nolwitbstanding/thi
most coQclusive proofs that he is an Americai
* citizen, is mittaken for a British seBmau, because
be is able to endure ihe service; nay more,
flcgrant have the outrages been, that Dsni
Swedes, Oermaos, and even Degro'es, who could
not be mlBiaken, hare been forcibly impressed and
carried off; thereby, as it respected our citizen,
whose far m is the sea, cutting him ofi* from his
most tender connexions; exposing his mind and
his person to the most humiliating discipline,
and his li/e itself to the greatest datigers.

Passing from the consideration of Mr. Madi-
son's letter, I will recur to what Mr. Monroe i>ays,
for his authority seems to be conclusive. No. 3,
page 104, Mr. Monroe, in a remonstrance to the
British QDverniaent. remarks, "The rights of the
' United Stales have been so long trampled under
' foot, and the feelings of hnmanity so often oi
' raged, that the' astonished world may begin
'doubt, whether the patience with which (hesei
' juries have been borne ought to be attri,buied to
' generous or unwortliy motives; whether the Uni-
' led States merit ihejank to which in other re-
' specis they are justly entitled, or have already in
' Ihe very morn of their political career lost their
' energy, and become degenerate," fMr. Jackson
referred also to Mr. Monroe's letter-to Mr. Can-
ning. pBges 27 and 28 of No. 1, to Messrs. Mon-
roe and Pinkney's letter to the same, in page 207,
of No. 3, which he read — in which they enforce
the argunleals of Mr. Madison, by pointing out
the degradation and abuses resulting from the
practice of impressments. Mr. J. then proceed-
ed.] I ask sir, by what authority they claim
the right of entering our vessels to impress the
seamen found on board T Tne vessel bearing
the flag of the nation is the nalional territory;
the Bag gives protection to the crew; and no
Power can violate the flag without invading the
sovereignty of the nation, or seize upon the crew
without. i'p«o/ac(o, committing an act of hostility.
This leads me to consider the second point —
shall impressments be tolerated? The gentle-
man might have spared himself the trouble of
proving: that the Government had determined to
resist it. and to make its relinquishment the fine
qua noil of a treaty. It was traly observed by
Mr. Madison, that it was of primary importance
Id the eatimation of Congress and of the nation ;
and (hat they never would consent to sQrrender
the principle. I well recollect, and au muai you,
Mr. Chairman, that although it did not occupy a
distioguisheJ station in the memorials of the mer-
chants, presented lo Congress in 1805-'6, who
then pledged their lives and fortunes to support
the Government in tiie maintenance of tneir
rights, it wasnererihel&sconsidered of paramount
ititereit, and entered deeply ioto the riews and

policy of that period. The gentleman from Del-
aware has spukeq of the happy prospects of our
country in limes past ; thai the arts and scitnces,
comineice, and af;riculture, smiled upon us ; and
we were blest with their bounteous muniScence.
Yes, sir, they have smiled, indeed, fur never were
a people more truly the worshippers of them — but
if wc were so degenerate as toabandon our brave
sons, the virtuous, hardy seamen, who unfurl our
sails, and carry the American flag ioto every sea,
they would start from Iheir sculptured places over
the entranceinlo this magnificent halt, and, frown-
ing like a Medusa's head upon them, would turn
the apostates from liberty Into stones. No, sir,
the brave tars, whose lives are at their country's
call^ and who constitute its sole defence at sea,
where our rights are most liable to invasion, never
shall, with my consent, be denied that corre^pon-
dent protection which is the promised equivalent
for allegiance. The rights of oar citizens are Ihe
semea(seBasonlBnd,and their seizure by a foreign
nation is asinadmissible in the oneca^if as the other.
Whilst we are a nation, and claim the attributes
of independence, I for one will never consent that
our flag shall wave unfurled over authorized
disgrace, humiliating like that; rather would I
launch everything we possess upon the ocean —
let the political ship buff'et it with the winds and
the waves; and when unable to outride the storm,
nail the flag to ihe main-m>si~-mBke one last,
mighty struggle — and if all wilt not avail, rather
than survive out lost honor, go down to the bot-
tom alt together, amidst the shouts of liberty, or

It wasundcrstootPthaj Great Britain complain-
ed of illicit practices in relation lo her seamen,
as affording an apology for her usurpation ; and I
will now consider the propositions made by us to
Great Britain. In discussing tbem I shall show,

lat. What we required.

2d. What we offered in lieu of the asserted

We retiuired. see page 5 of No. 2 [Here Mr.
J. regd the article offered in the instructions of
Mr. Madison, which requires an exemption of all
persons upon the high se&a from seizure, when
found on board of our vessels, excepting such per-
asare''liable tobe takenaccoraingiothelaws
ations," also page 5 of No. 3, in which the
> requisition is repeated. Mr. J. proceeded,]
I haveutready shown that it was a just demandT
2d. We offered to Great Britain asatlequiva-
lent— nWr, JicitaoN read the various offers made
to the British Government— No. 3, pages 8, 9 and
10. No. 3, pages 62, 63. No. 3, page 103— ditto,
page 109— and remarked upon them, particularly
the last; whereby the American Governraeiii of-
fers to bind itself to make penal laws for punish-
ing commanders who receive British seamen on
board, and '' make it the duty of the Government
store ifiemi" referring also to the statemenl
■ of Messrs. Monroe and Pinkney, alleging,
"to (their) original project, thus amended,
Ihe British Oovernment seemed to give their as-
lenl" — he contended it proved a degree of iasio-
ceriiy on thi: part of the British Cabinet, loutlf

.yGoogIc

1S88

HISTORY OF CONGRESS.

L OP R.

Repeal t^ the Embargo,

Fbbboary. 18G9.

JDCoaaialent with ihe honorabli^ frankoeM of our
own. — Mr. 3. proceeded. j I hare made a can-
did Bummary of lUeseoflKrs; nod on rpcufrirg lu
Ihtm I feel the minfiled emmjons of ^hame and
iDdignaiion, when I see men wiahlng lo put ihtir
Government " in ibe wrong." Sir, we offered lo
Qreai Britain,

Isl. To affurd no refuge or protection lo Brli-
lib seamen.

2i] To deliver (bem up if thejr look refuge
among us.

3d. To make laws for restoring them.

4tb. To aid in searching for, seizing.end resior-
inn ihem.

5th. To keep ibem in our ptisoos when re-

qu.

fiih. To prohibit our c

I from carrying

7ih. To prohibit iheir employment.

8ih. To oiake.peoal laws for punishing iheit
employers.

6rh. To make it our duiy to restore ihem.

lOlh. To extend ibe furrgoing pruviaioni, not
only lo deserters, but all sealaring penple. .

What niore could hare been askrtl. required, or
f^lven. than Is contained in these offers? Noth-
ing ninre — unjtss, Indeed, ihey had ajkrd our in-
dependence, and. yielding id the requisition, we
had given it- Sir, we do nol want the Briiish
seamen, even wlien ihey are naturalized. Iflhe
unforlnnnie inhabitants of Europe, escaping from
the tyrannv of ihe old world, and pauiing after
their long lost liberty, 3y to llie more ho^plialile
regions of ihe new, I am willing, on their ciirn-

ibem Into (he American family, to lei iliem par-
lake ol the blessings we enjoy, whilst ihry remain
among us; but 1 would (irD'hibii their departure
from this couctry, or, il'lhey went oS^ refuse them
our protection. If they are dis^alisBed with their
situation on the land. 1 would say lu tbem, " your
allegiance is still claimed by your parent country ;
we will not risk our peace for you out of nnr
territoriiil limits; if you paas beyond them, you
cease to be an American citizen." I would go
further, and prohibit them from owning American
registered vessels. Sir, those who come here in
search of an asylum, go into the country ; they
pursue agriculture, or the mechanic arts — they
aie valuable men, and virtuous citizens; but the
mongrelg who Infest the sea port lown^, wear your
privilegett as a cloak to hide their fureign con-
neiions — they are wolves in sheep's clothing —
British merchants, under American colors; iney
interrupt your happiness, and endanger yoursafeiy.
I come now to Ihe informal arrangemei;! mane
wilb the British Ministers, which ii has been al
]es«d secured our seamen against impressments.
What was it? See No 3, p. 117 and 118— " His
' Majesty's GoTernmenl has not fell itself pre-
' pared to disclaim, or derogate from a right which
' has ever been maintainea, &.C., and actuated by
' an earnest desire lo remove every cause of dla-
' satisfaction, has directed hiii Majesty's Ministers
' [D give to Messrs. Monroe and Pinkney llic
' most positive assurances thai insiructions have

been given, and hhall be repeated and enforced,

fur llie observance of the greatest CI

hon<

Our

something; but they were deceived, at 1
^llHll presently show. It did nol escape ihe |>eii-
eiraiion of our Secreiary, ibal no security was
thereby aShrded — he construed It as ii was in-
lendi-d by the Britii'h Qovernmenl. In his leliet
111 Messrs. Monroe and Finkney, page 33 uf No.

3, he remarks, — the security is " that instruclioos
' haw been given, and will be repeated, fur eo-
' forcing the greatest precaution, dbe. Ifthefuiure
' instructions are ID he repeiittun* of the psst, we
' well know the inefficncy of (hem. Any instruc-
' linns which are lo answer the purpose, must
! dlAVr eisentially from the past, both in their te-
' nor and iheir sanctions." His expositiuu was
Ihe correct one. The objeciiODshe loiikare con-
clu-iive ; they coiilain the mitUum in jtamt. The
cons! ruction given by our Minifters is to t>e found
in No. 3, page 138-9, wherein (hey utaie, ''oui
' opinion Is, Ibal iht practice would be esseotiallfi
'it nut completely, abandoned. That opinion
' has been since confirmed by frequent cinfereaces
' on the suhject with the British ComniissJonen,
' who have repeatedly assured Un, that in their
'judgment w« wi're mad« as secure asiiost (ha
■ eiercise of iheir pretension hy Ihe policy whicli
' their Giivernmeni had adopted, in regard tu that
' very delic8t<' and importani question, as we could
' have been made by treaty." Again, ia page 178
No. 3—-' h was their idea that by disconlinumg
the practice in the mode proposed by ihein, &c.
the United Stales would in the interim enjuy ihe
security they kooaht." In their leiitr lo Mr.
Canning, page, 208 uf No. 3, referring lo the in-
formal airnnseiuent, they slaie. that as ''an ef-
feciu.-il equiralenl for the forbearance of the prac-
tice" the informal understanding wa>:, that "its
practical effect would remove the veiniioa com-
plained of." Mr. Monroe,inhisleiter Nu. 4, pa^es

4, 5, 6, 7, 8, 9, even goes further— he cunirnds
''that it contained a concession in (our) favor,
favorable to our iutereiit." [Mr. J. read those paa-
-sages al length, and referred particularly to |>age
7, wherein Mr. Monroe says] — " I mean however
' distinctly to stale, that it was understood that
' the practice bereiufo.e pursued should be aban-
' doned, and that no impressment sh»ul<l be made
'on the high seas," exceplin.' incases like ane
pui to him, wherein he supposesa iiierchaoi ves-
sel laying in ibe Tifgus, and the desertion uf sea-
men from a British ship of war to the roTcbaot
vessel, that there it would he reasL>iiable, ''and to
such cases it was undersiood ihat the prjciice
should in future be confined." Our Ministrn
were mistaken— for the obrinus im|>ort of the
words in the British note is (if it meant anything)
a complete recogniiioa of the right, which we
desy; and a mere promise lo exercise il c^U-
tiou.'^ly. But, sir, I stand upon firmer ground
thnn the exposition of our Government and ibe
fair meanini{ of the note. I have Briii-h nuibor-
il^ for sayinir Ihat they #ere mlKiabeo ; and I
will bring bufure the Couimiitee a moM imporUtoI

.yGoogIc

1385

HISTORY OF CONGRESS.

1386

Februart. 18D9.

Repeal of the Embargo.

H.orB.

doeuiDPDt, which, to my extreme surprise, lias
never be?n fully prryenled to ihe AmtrricaQ peo-

Ele; for, althougti one or (wo oflbe public prlols
are glanceil aL il, and I believe have given a
(ummaryorit — noiwidistaodingits indma'e bear-
ing upon lIiU interesliiig subJecL it han aol been
republished. I refer lo the uSicia] documenta
commuQicBteJ lo Parliameotby Mr. Caoniag in
Febiuary las[, and primed by their order. On
receiving ibc nole of IVlessrs. Monroe and Pink-
ny, daied ihe 2iih July, 1807, wherein they stale
that the praciice o^ impressments was to be di^-
CODlinued, Mr. Canning wrote the next day to
Lords Helland and Aackland liie following
letter :

LttttrJTom Mr. Seerttary Canning lo I^ordt Holland
and Auckland, dattdJuly 25, 1807.

FoBiiBK Onict.July 36th 1807.
Mr LoBD» : I hava Iba honor to eneloaa lo your
LordBhipa, the copies of a note which I have received
from Mr. Monroe and Mr. Pinkoey. anil of Ihe aerenl
docamentfl that accompanied it. I aubmit thae pa-
pen to the coiuid a ration of your liordihip*, for the
pnrpon of calling your attention to that paarage of
Ihe note which refer* loa (uggeation on. the ptkrtof bii
Majeity'a Commlanonera. on the subject of the im-

(resament of teamen from on hoard of American shipa.
: ie extremely dewrable that HiaMajeaty's Government
chould have the fuUeat information on thia important
point \ and I have to nqueat, Uiat your Lordahipa will
be plaaMeil to itate to liie, whether die repreientation
eontained in thia part of the note of the American Com-
iniatiunerB be accurate; and whether your Lordahipa
aignfiad any auch acquiescence ae is there deacribcd in
the implied, "Intbrmal understanding, reipecting the
' forbearance to be observed by Ihe Britiih cruiaera, in
' regard to the practice of impreaament of seamen on
■ bMrd of Amerioan veaael*.

I have the honer to be, dta.

GEORGE CANNING.

Rt. Hon. -Lord HoLLatro and Lord AtrciLinp.

To which ihey retarned the following answer,
dated July 28, 1807:

Letter from Lorde Holland and Auckland to JUr. See-
retary Canning, dated July S8, 1607.

8i«i We have received the honor of your letter,
with ita aeversi enclasnres, and are deairoua to give (he
fullest information in our power respecting any partof
our late negotiation with the Commiasioners. □' '
United Statea. We have accordingly applied oi
tcntion to that paaaage of the note dehverrd to you by
Mr. Monroe and Mr. Pinkney, which slates that " soon
after the auspenaion of the negatintiona', it was aug-
gested by Hia Majeaty's Commiaaiooere thst, if the
topic relative to impreaament should be eipresaly re-
served for ftiture conventional arrangement, end i
pledge given to the United States for resuming tin
conMderation of it at a convenient seaBon. with that
view ; and that if, in the mean time, sucb an informal
onderatanding should be substituted, se, In its practi-
cal efiect, would remove thevetation complained of, it
might, perhaps, be yet possible loeonductthe negoli*-
tioa to a resnlt whieb would not be unacceptsbla to the
respective Governments. And, in ptisvancs of this
1, the British Commisaionera presented their

ment, taken with the context, have all the accuracy, '
md honorable and right meaning which we experienced
in the whole opgoUalion.

When [he American Commiaaioners speak of "ench
an informal understanding lo be aiibstituted, as would,
in its practical effect, remove the vexation complained
of," they do itot mean, and certainly His Majeely's
Commisaionera never meant, tfaatthereshoutd beafor-
bearance or suapension or discontinuance of the prao-
reise ofche impressment of British seamen.
Od the contrary, they proceed to say that. ■' poraaant
to the suggestion of the British Communionen, the offi-
of the eth of November was presented." To
Ihtt note we beg leave to refer.

We considered that note, and still consider it, as
pledging His Msjeaty's Government to give instruc-
■ British cruisen, " to be ven cautions in the
of the right of impressing British seamen, to
strictest eare lo preserve the citizens of the
United States from molestation or injnry, and to re-
dress any grievances which might be sustained by

Wlien the negotiation proceeded, after our delivery
oftbat note, wethDnght,and atiil think, tjiat the Urea^
which we aignod — omitting the point of impreasmenl,
and several other points afterwards included in the pro-
posed additional articles— was, in itself, complete and
unconditional, and aabjeet lo no reservation on either
pert, except thst which was expressed in onr second
of the'SOth of December, on the signainre of the

''fcircumatanoea had not taken place, which made il
duly to auspend the signing of the additional arti-
cles, and which eventually discontinued the negotia-
tion in our hands, we should have considered ourselves
as hound to advert, bona Jide, to the further pledge
contained in our olficial note of the Stii of Navember.
We mean that paragraph which alates, '> that no re-
cent cases of complaint have occurred, respecting the
if the right of impresament, end thai no prob>
lult from the postponement
;le. aubjeet to ao many difficulties ; still, that
His Majesty's Commissioners sre instructed to enter-
' in the diacuEsion of any plan that can be devised to

e the interests of both SIbIos, without any iiynry
which they are respectively attached." The
iB of thia paragraph, and the forms and sut>-

of the completed treaty, and the pioposed addi-
tional articles, appear lo ns to leave no doubt relative to
the mutual nndaratanding and views of those who were
employed in a negotiatim of such importance to their
reapectiVe conn tries.

We have the houot to be, dec.

VASSAL HOLLAND.
AUCKLAND.

Right Hon. Geoboe CAsniJie.

But Mr. Canning was do! eatisfied nith this
explicit asKuraoce, and. to place the question be-
yond ail doubt, or more, perhaps, with a view to
injure (he British negotiators, he wrote them a
second letter, dated 6th August, 1807.
Letter from Mr. Secretary Canning lo Lordt HolUutd
and Auckland, dated Auguet G, ISOT.

Mt Loana : In ackrkOwledging the receipt of (Im
letter which your Lordships have done me (be honor
to addieas lo me, in answer to mine of the S6th nlti.
mo, I am aiHTy to have oecaaion lo trouble yonr Lord-
ships with any fnrther inqniiy ; bnt I am anra that
yonr Lordships will feel that the pobt most immedi-

.yGooglc

1387

HISTORY OF CONGRESS.

1388

Bepeal of the Embargo.

Frbbdart, 1809.

' «tclj ID quMtlon, respecting tha imprefiaiint of Brit'
idb Mimcn tram Ameiican ahipi, ii ana of auch ca-
■entisl impoTtanu, at the prrsent moment, u to make
it uBcaaaar; for ma to ucartain, wilb as muub sccuricT
•a powiblc, what htt irally paueil between jour Lori^
■hipe and tlie Aiocrican ComtQuaioncn upon th'iM

I unilcntood the Amedcfui Coniniaaioner* to say
that, in iddilion to nbatever pHiiod in nriling betweeo
yau, tbe; received from your Loidabip* an injbrmal
•aaurance of aomelhins that "ahoulil. in itj practical
effect, remove the griavaDco coniplaitieil of.'' tty " the
grievance complainEiI ot^" [ undenlood the Uomtoia-
aionera to mean tbe practice of impreaament itaeir, not
an; abiiaei of Ibal practii^e.

Your Lordabipa deny that any forbearance wa*
promiaed, " in tha acnae of any tuapeneion or diacoD-
tinuance of the practice," anil your Lordah^M refer to
jour note of the 8lh of Noirmber, aa coDlaining the
correct atalement of what you communicated to th*
American Coinmiaaioner*.

The note af [he 8lh of November certainly promiaea
forbearaDce in the practice, but not a diacDDttDuance of
the practice of impreeament.

I am tbe/efiire under the neceaaitj of requeating
jour Lardahipa to have tha goodneaa to atate to roe
whether tho note of the 8lh of November doea, accord-
ing to your Lordabipa' recollection and belief, contain

Whether whatever eUe paaned (if anything elae did
pau) ia canvenalioD, waa in atricl couformity to that
note; implying no further conceanon or forlMarauce,
on the part of Great Britain, and authoriiing no fur-
Aer expectation on the part of the United States 1

If this be ao, it doea appear to me that the Aojeric&n
Commiaaionera ha.TB niiaconceived the effect of jotR
Ijordahipa' communication to them ; ajid must have
repreaented it to their Government aa implying a much
larger concesiiao than waa in fact in your Lordahipa'
contemplation.

I have tha honor to be, &c.

GEOSGE CANNING.

B-. Hon. Lorda HoLiuD and Aucelixd.

To this letter tbejr retttrned the subjoiDMJ an-
■wer, August 10, IBOT.

IMUr from lordi Holland and Audiland to Jfr. Sa-
rttary Canning, dated AugutI 10, leOT.

8t«: In answer to yotir letter of the 6th Instant, we
have the honor io repeat our former asiurancea that it
ia oar desire, as it is our doty, to give you every posat-
ble intbrmatiaD respecting tlie negotisliou with the
Aniericui Oommiaaioners, which Hia Majeity was late-
Ij pleased to entrust to oa.

Aa the pomts in which our answer lo your Irllar of
the 26th ultimo has not appeared to you aufficiently
deal and aatisfactory, we must again refer you to our
official liole, of the 6tb of November last, as containing
a fiitl and authentic Btatement of what wss aeltled be-
tween lie and the American Commiiaionera, with re-
gard to the impressmeni of British icunen Irdm on
board of American ahips. That note was delivered
after many ftnitlesa conferences held for the purpose of
de*iaing some wipedlieDt that might reconcile the inter-
wla and prelansiODs of both nations on this important
point But finding, after much csrefnl eonaideraUon
of tba diffiiranl plans proposed to tta, that the difllcvl-

ties which stood in the way of any final and perma-
nent adjuBtuicnt wore at that time inaurmonnlable, we
were compelled lo reat aaClsficd wilb the lemponrr and
imperhclarraogemenl, which our note of the Sthof No-
vemlier promieed lo allbrd. We certainly did not then
nndenland, nor do we now onderslond that, by that
note, we pledged our Government to abstain in fiiture
from the practice of impreaaing Briliah seamen from
American vessels. We cerlaioij, however, did mean
lo pledge the British OoTemmant to make its cruiaels
observe the utmoat caution, moderation, and forbear-
ance, in the eiereiae of that practice; but we nevn
either expressed or implied that they were to desisi
from taking British ssamen from Ameiicaa mardunt
ahipa. We farther engaged, that our Government
would be at all times ready to take into its serious con-
sideration any propoaal nude to il by the American
Govemmenl, tor the recovery of deserters fiom the
British Navy, who take refuge in the American teiri>
lory or on board of American ships, without having
recourse to the means which are at present resorted to
A>r Ihst purpose.

Whatever psased in converaatioD was, we conceive,
in strict conformity to that note, and implied no &rtber
concession nor ftKbearance, on the part of Great Brit-
ain, than extreme caution and moderation in the aier-
ciae of the right, which alone, without any diacontian-
anee, much lesa renunciation oi' the pinctica, we ex-
pressed our confident hope would be aufSdenl to pre-
vent audi inconveniences andaatrageaastbe American
CommiHioners reprassnted, and contended, bad fre-
quently arisen Jram it.

We have the honor to be, dte.

VASSAL HOLLAND.
AUCKLAND.

Right Hon. Gioaai CiirKtiTO.

NathiDg can be mare ezplicii, and prOTC the
roislakeiu our Miniatera mote uoequirocallr; oav,
more, the Cuniiiii»ion«n say, '' the tresljr was in
' itself complete and uncondilional, and anbjeet
' to no reservitioo on either pari, eicepi what was
'expressed in the note of the 30lh of December,"
wherdn Oreat BriiaJn reserred the ligbtj notwith-
iianding' ihe treaty, to chastise u% if we did not
resist France, in the way and manner wbich she
might prescribe; and Mr. Canning echoes the
same sentiments. The inrormaiioQ he obtained,
was a prelude to hia note, iti reply to Messrs.
Monroe and Pinkney, of the 23J of October. 1807.
8«e page224, of No. 3 ; therein Mr. C. states : " The
' treaty was considered, by those who sigued it,
'as a complete and perfect iosirumeut. No en-
' gagemeiiis were ever entered into, on the part
' of His Majeaiy, as connecled with the treaty.
' except such as apprar upon the face of it." And.
he adds, that, wjlh respect to imptessmeDta, it
'' must be understoad to have had in view the re-
' oewal of EUch discusMons, not as fortning aiijr
' part of the treaty then sigaed." I will not con-
ceal my iiurpriije,bir, at finding Mr. Munroe, who
dutibiless knew of the correspondence, anil re-
ceived the foregoing answer, persisting in hi*
conatructians, and urging upon the nation tbal il
was understood, ''that no impressment should be
made upon the high leas." The gentleman quoted
the documents lo prore ibai ihe OatremrDeni
were satisfied wilb ihe ezeriioDs of our Min'

.yGoogIc

1889

HISTORY OP CONGRESS.

Febbdibv, 1809.

Repeal of the Embargo.

^o doobt tbey were — [ believe every ihbd in the
DalioD was saiisfieil wilb their eierlioos ; for I
lake a wide disliaclioD between their exertions
and ibeir acts; and I wi)b not lo be miiuoder-
aiood io doiDg so. I gire ibem credit for great
talents and patriotism, pressed, as they were,
by the coDTufsioQS in Europe, and ibe eoticiiude
(o sellle our Jispuieii ; they assumed a latitude of
discretion consistent with the geoius of our Go7-
ernmeot, and its booorable conduct in the tur-
moilsof diplomacy. European Ministers march
by the plumb-liae and square, of their Limited
iDsiruciions ; whilst ours, having a wide latiiude,
may hooesily Uansoend ibir boUDds. We, bow-
ever, at a disiance from the scene, can look more
calmly at ibe paKaiog'evenis there, and refuse to
(hifl our course, because of their supposed im-
portaoca. I think they were mistaken, in making
■ treaty in express violation of iheir instructions;
and I in ink tbey also erred, in exciting a hope that
tbey had agreed, (see page 119, of No. 3,) on that
day, " to conclude a treaty on all ibepoiois which
bad formed the object of their negoiialion," I
well recollect the pleasure that was excited here,
when this information reached us; for it was
communicated forthwith by a special message.
Su( do I therefore doubt of their exertions? Ai-
auredly noij I will be ju;t to tbem, while I ain
performing my duty to my country. Sii, I am
in the perfurmanoe of a great duly. The awful
litualioD of this nation, on the verge of war on
the one hand, and the abyss of dishonor and de-
airuciioa on tbe other, demands, at our haudf, that
DO unjust charge shall be suSered to so out to the
people, without its antidote ; it is rignl ibat ibey
should see and know, what ttieir Oovernmenl has
done to preserve peapej tbe grounds upon which
«ur claims have been rested; and the otTers which
have been made. Mr. Monroe bas comoiaioed,
but I think it was without just cause ; ror who
is most in fault, the Government, in conforming
to their iostructionr, or he, in departing from
Ihemi

The genliemaD from Delaware accuses the Ad-
ministration of inconsistency, in offering to place
our whole relailoas upon an informal arrange-
ment, after having rejected the treaty with Uie
inforraal arraogemeai concerning seamen: and
Mr. Monroe's tetter (Doc. No. 4, p. 14) is refer-
red \fi, urging the same charge. Sir, I make a
most material distinction beiiveen placing tbe
whole relations upon an informal under^Iandiog,
«nd treating away everything we had to give,
while the essential equivalents w?re merely iu'
fOfmalty reserved. In the former case, we should
' letain what we had to oSer — the quid •pro quo —
and in the latter, success could nul be expected
by us, asQO indulgence could be tendered to induce
a relULStioD on tlte part of Great Britain. But,
1 contend that Mr. Monroe is mistaken iu what
he asserts relative lo ibis subject. Mr.'Madison'i
Utter of the 20ih May, 1807, slates explicitly that
''The President is coDstraiaed to decline any
' arrangement, foroul or informal, which does not
' comprise a provisioa.aicainst impressments from
' Americau yetuia." The gentleman from Dela-

wsfe tayi, Qreat Britain never will abandon tbe
practice of impres.>meat ; she would rather go to
war. Mr. Monroe says the same ; for " the navT
and country are opposed toil." Audio Doc. No. 4,
p. 11, be says Great Britain will not treat, unless
the non-imporiaiion law is thereby repealed.

Doc. No. 3, p. 139~They would not indemnify
usfor seizures, in violation of the law of nations.

Same, p. 123— The East India Company will
Dot eive up anything in relation to the trade w
tbe East ludies,

Same, p. 129— The Wesf India vterchants will
not permit us lo trade, under. any restrictions, to
the West Indies.

Same, p. 132— They would not agree to any
definition, by treaty, concerning blockades.

Same, p. 134 — Tbey would not permit us to
enjoy tbe colonial trade, unlessil was embarrassed
by circuitous voyages and taxation.

Doc. No. 2, p. 6— They would not regulate the
light of search by any reasonable stipulations.

Doc.No. 4, p. 114>-And tbqy would rather figbl
us, than yield much.

Pray, Mr. Chairman, what are the claims of
the American Government, and what are tbe
points of collision or importance, to be consid'
ered in treating with Great Britain I Expieatly
those, and those alone, which bare juat been ra-
capitulaled; all of wnich are resisted; and we
are officially informed they would raiher have
war with us than yield either. Gracious Godl
Are we a nation 1 Hav^we ttol already become
base and degenerate in the very morn of our po-
liiieat existence, and unworthy of the liberty so
dearly purchased? Why would we treat with
any nation? I suppose, sir, tbai we may receive
indemnity for the past and security for the future;
and, regardless of both, with a rod suspended over
our beads, we treat; and, tremble with pale fear;
sacrificing all — obtaining neither. We give up
everything — we receive noihiog — with a knowl-
edge, too, derived from the pages of experience
that the nation that consents to tbe surrender ol
one right, thereby invites attacks upon those rs-
mainiog. The gentleman from Delaware says,
we might have continued the Treaty of 1794, aad
avoided the embarrassments we are subjected to.
The Treaty of 1794 has already passed the ordeal
of public opinion. The Republicans of this coun-
try condemned it then, and few of ihem, I pre-
sume, would applaud it now.

But I will talce a cursory view of that treaty, lo
see if it contained any security against those em-
barrassmenta, and if it is such an one u can be
accepted.

The first ten articles aredeclared perpetual and
irrevocable, and it is unnecessary to give any anal-
ysis of Ihem.

The eleventh is a mere preamble to ihe eon-
mercial articles.

The twelfih article was rejected. It related to
the West India tr4de.

The thirteenth permitted a irade to ibeBritiah
East Indies, embarrassed wiih reatrictioD* iaasek-
patible with' a liberal policy. It required that ire
should bring their produotc to the United StUea.

.yGoogIc

1391

HISTORY OF CONGRESS.

1302

U. orR.

Repeal of the Embargo.

FcBRDAiir, 1809.

The cotitiDg [Tide ir«s disillowcd, ind onr ciii-
iCDs were not pprtnitied to leltle or reaid* ibere.
or CO into the interior.

The fourteenth opened ill our porls lo British
■nbjrcin ind British vesKlii, and permiii^d ihi
tetidence of merchant, in this article, there was
Boreal reciprocity. We were allowed to enjoy
the like privile)te9 in iheir European possessions
only, where the bslnnceof trade is greatly B^ind
n»— whitber we carry our raw materiBls and ihe

DfRciDres, after (hey have received the final finish
of ihe ariist. It waa foreseen bow injurious ihe
retiden>:e of ibeir merchanis would be. Tbe
cffpciB are iiill aevereiy frit, for a preat portion
of the capital in this country iv British, aud all
ita weight is thrown into the enamy's ecbIv
ajainst us.

Tbe 15th provides thai no prohibition shall ba
inptned on the exporlaiioo or imporialion of any
■riinles that do not extend to all nations. Tbu«,
if an equfTalcDi were given bv any other nation
for certain commercial privileges, whieh may
often occur in a younfr ontion lile this — as in ilie
porchase of territory. &«,, Qreal Brilaio became,
ypaofacto^ eolitled to them ; whereas she having; a
reduodaDi population and undergoing no change,
nd, permit me lo add, never granting any indul-
gence in her European possessions to any, was
aure to prufit by i1, white we gained nuibing.

The 16lh permits [he residence of Consuls—
tfaeir.« in all our ae a port 9 — ours in Qreat Btiiatn
■nd Ireland only.

The ITih stipulates for captures in cases where
there is a just sus|iieioQ of having enemies' pru|>-
«riy on board — this sanction to seizures on suspi-
cion is ohjeelionable, because the captors have so
airong an interest lo suspect, thaiiiney will not,
living as they do upon plunder, have virtue snffi-
cient to resiitt the bribe.

The 18ib relatea to contraband, and compre-
hends limber, hemp, plank, &c., which cugfat to
be excluded from ihe list, upon every principle of
Tight and justice: This is not all; it expresses
Ihai there is a difficulty in deciding in what cases
provisions and other articles are coatrabind, ![
would be difficult] indeed, to decide (he affirma-
tive—but Ihere never should have been a difficiil-
If allowed lo exist in so clear and palpable a ease;
and a case, too, of auch immense interest to ibis
nation, whereby Qreat Britain could with a single
flat cut off our great staples, " our provisions and
other articles," from their market. Thesiiputa-
tion ihst Ihey shall pe^ the full value for them in
cases of seizure is a flimsy security. Where? at
what place is the value to be ascertained 1 None
is menliooed ; of course, ihen, at the British
ports, already glutted with our produce, being
made the emporium of our commerce. A mon
pernicious and anti-aeulral article could not havt
Men devised; and, immediately succeeding thi
aeizure of our provision- vessels by the Orders o
1793, it gave a aanciion to the principle, iha
{treat Britain, when cotutnanding the ocean, may
alBtve other nations into submission.

The 19tb aniole relate* to privateers. The ob-

clion, and a serioui one, loo, to thia article, is,
ai they are not sufficiently restrained.
The 20[b retaiei to the punishment of piracy —
)t ohjeelionable.

The 31st prohibfia inJividuaN from commit-
ling BCln of hostility — cot objectionable either.

The 22d prohibiis reprisals until ju^^lice is re-
fused, and unreasonable delay — the only objection
to this \>, ihai the time is loo indedtiile; and, at
we shall always be ihe complaining puriy, we
have a right to expect prompt reparation.

The 23d ariicle throws open all onr ports to
iheir armed vessels, end declares that those in>
suiting the officers shall be punished— it farther
provides for our aJmistion and stay until time to
'fit, when driven in by the dangers of tbe seas
ilD iheir prohibited pom; In it be recollected
lat none of ours are prohibited — all are open to
them. But to this article there are other insope-
rable objections. While the British navy have
the right lo enier our pons without limitation ai
to numbers ; they hold us as much in ihetrpower
as Bonaparte does FruHiis, when his armies oc-
cupy all their strong fortresses, and their weak
one! too — we are bound lo punish Ihe citizen wbo
insults the British officer; and why not punish
the officer. loo, who insults the citizen T We have
nn awful lesson on this scnre in the murder of
Pierce— the affair of the Cambrian, and manf
others — they were punished by^romoiioo.

The 34th prohibits the arming of privateers —
no objeciion to it.

The 25ih. This article permits their vessels to
enter with their prizes wherever they plea^ ; ex-
empts ibem from search or duiiex, and prohibits
the like permission to any other nation — this is a
most unneutral and partial stipulation.

The 36lb provides that, in case of war. the
merchants may remain aa long- as they please
among us, to carry on trade. Sir. to this there
are two strong objections. 1st. They are a cnrse
to us in time of peace, and they would be far
worse in a period of war — spies upon us, and
moneyed spies too ; their whole wealth and power
woula be brought to hear upon our people for ibe
puqiose of corrupting them. 2d. 1 'will ever
maintain the position that private properly ia
no more justly liable lo seizure ai sea ihan on
land ; and, unless they would refrain from taking
ours at see, I would retaliate by sequeswring
theirs on lend.

The 27ih requires that fogilives shall be deliv-
ered up. Uiider this article, Jonathan Robbins
was offered up, and sacrificed.

The 2Bih relates to the limitation of the arti-
cles ; the first ten to be permanent, the others lo
be in force until two years after the signature of
preliminary articles of peace. This being tbe
import of the treaty, and the effect of all the arti-
cles, which I have separately considered, lest it
tni;rht be snpposed that those omitted coniained
something favorable, I ask any candid man, if it
ought again to be renewed 7 And, if it were,
wherein is lo be "Indemnity or security?" Tbe
j good, if any, weie contained in the first ten arti-
I eles, aixl they were executed, except so far as re-

.yGooglc

1393

HISTORY OF CONGRESS.

February, 1S09.

Repeat of the Eotbargo.

H.{

lares to their permaaeacr' They, indeed, eon-
la ined much good; and one arlicle, relaling lo
the Wealern poals, nwallowed Qp alt that were
obnoxious. Yoa mutt recollect, Mr. Chairman,
with wli«[ eloquence and effeei that constdera-
tioo nas preiiied upon Congress ; genilemen wbo
De?er iaw an Indian, alt al ooce Teil uncommon
lymparhy for U9 Western people; they painted,
in vjtid enlDri, the relealless barbarily of the sav-
ages, who waged a war of extermination against
o*; no a^e, no sex, no eoadiiion, exempting any
from the indiscrlminaie murder of all ; led on, loo,
by British officers, fighting in ibeir ranlti sod
commanding the eipediiioni — deriring sappliet
and protection from these posts, and fiimnlated
there, to Uy our country waste, and cut off its
(cattered population. It contemplated a lottery
))rovision, too, for indemnity ; Atu Commissron-

agtee upon the fifth, lots were to be c«st. Well,
lir, the British Commissionera decided ai^inat
oar merchants, the American ones in iheirfavor;
tbey could not agree upon the fifth, and accord-
ingly drew lots, "and the lot fell upon Jonah ;"
we gni the Commissioner, and our merchants
were paid for unlawful spoliations. We had. to
be sure, a hard bargain for this fa^or, as we en-
gaged to pay the old British debts, due from in<li-
vidual*, to an enormous ^monnt; but, through the
provident managenient of the prenenl Adminis-
tration, we commuted them for a gross sum of

£600,000 slerlini

Let it t
thegristle; now we are hardened into the bone

itleeted, ■

of manhood; and what might have been a goad
treaty ihen^ white our resources and industry
wercmerely unfolding themselves, would be a bad
one now, that we are a great, free, and powerful
nation. Such at I hav« rapidly reviewed them,
are soma of the inherent objeciion* to theTreaty
of 1794. It has many sins of omission to answer
for. It contained no provision coniwrninf im-
presaments. The West Indies were ahnt to us.
There was no regulation about the colooiat trade,
and Qoihiog concerning blockades.

Well, sir, the Administraiion has been accused
of eiTOr in refusing lo accept the Treaty of 1806.
Il isWOTM than the former; and proceeding with
my first design to make this a mailer of fact argu-
ment. 1 will lake^a review of that treaty also.

1st. The first article, like that of the Treaty of
1794, stipulates that there iball be a firm, inviola-
ble peace, and a true and sincere friendship. Aa
the enrole in ihe Treaty of 1794 was still in
force, this was superfluous, unless, indeed, that
Grpai Britain, having often violated it, was will-
ing to give a new proof of friendly dispoailiona,
which hereoodiKI rendered necessary.

Article 2d renews the ten permanentarlicleaof
Ibe Treaty of 1794, by vray of brightening ihi
chain of oar recollection.

Article 3d regulatet our trade to the Baal In
dies, and is materially worse than that of 17H
bv it we are confined to a direct trade from >fai
Unitad Stales to tbem, and directly from Ihem ti

the United States. The sreai valne of that trade,
as regulated by the Treaty of 1794, conaisted in
carrviog the produce of the United Slates to a
maraet in Europe, receiving specie and other ar-
ticles of IrafGe ihere, and going thence ID the
East Indies; thereby deriving all the benefits
eecrning from double freights and douMe profits.
The same benefits resulted from the traffic on the
return voyagea. Under this article ihe trade
would dram the eotiniry of apecie. aa with specie
principally is it carried on. It, like the Treaty
of 1794, prohibits our citizens from settling or
residing there, and from going into the interior.

Article 4lh relates lo the Irnde with ihe United
Slates and Europe — all nur State* and Territo-
ries are tbrowa open for Europe atone ; it ia pre-
cisely similar lo the 14th ariicla of [he Treaty
of 1794, and the objections urged to that, apply
to it.

Article 5tb is like the 15th of the Treaty of
1794. It repeals our non-inJporlBlion aci, and
probibiis all other restrictive measures, which it
may be politic to enaci hereafter. There is no
reciprocity in it; we are not a roanufacluring
people, and, through restrictions upon maoufac*
lures, we wield a potent engine — and the power
of diFcriminatitlg ought not to be relinquished.

Article 6ih declares that the subject of inter-
course with the WeHi Indies shall be poslponed.
Sir, they cannot subsist wiibout the supplies re-
ceived from ua ; and yet they wilt not allow us
totrade thither, at ft lime when every port we own
is thrown open to them.

Article 7th relates to Contni;, and is similar to
the 16ih in the Treaty of 1794 — the same objec-
tions apply 10 it; their Consuls are allowed lo
reside Bi any of our ports — ours are confined to
Europe, and excluded from the East and West
Indies, and all other places.

Article 8th cnncerns captures on just suspicion
of being enemy's property.' Il is similar lo the
17th of Ihe Treaty of 1794, and liable to all the
objections nrged in relation lo it.

Article 9lh ia on the subject of contraband, and
includes timber, hemp, plank, &«., which should
have been exempted, after the example of the
Russian Treaty ; and, being the growth and pro-
duce of our country, aueb exemption was the
more imporiiot to us.

Article 10th relates to the notification of block-
ades; Ihe debnitign of them, which we are so
much inleresied in, and had pressed so strenn-
ously, being (oially omitted. A provision on tbia
subject acquired fresh imporiahse every day ; we
had witnessed the most alarming innovaiiona
upon the eslabliahed definitions in the laws of
nations^-iosorouch that paper blockades were
tubstituifcd for real ones, and whole islands, king-
doms, and continents, were declared to be block*
adedgwben the combined fleet* of Europe could
Dot effect il.

Arliele llih is on the subject of the colonial
trade ; ibe restraints upon i( are incompaiible with
(he ebaraeter of indejwndence, and, at first view,
the mind is struck with ibe outrageous attempt of
Great Britain to diciaie (o us in what manner we

.yGoogIc

1305

raSTOEY OF CONGRESS.

1396

H. or R.

Sipeal •/ (Ac EMbargP.

Fbbbdaky. 1809.

■hall tnde with lh« posseuiona of »n independent
natioD, iDd how we shall be permitied to trade
wiih her enemies. The reguUtioa i» a hamiliai-
ing one ; for by it Oreat Brilaia Biiumea the pre-
rofaiiveof diteeliog to what exteai ai leasi ji
■hall he laied by u>. 1st. If we trade in the

SirodactioDi or manufaetureB of Europe, deniiaed
Ctr the Weal ladiet, they are to be first broughl
kere aod aubjeeied to a duty of at leait one pei
oeot. before they can be carried there. If we
desire to carry (be prodnctiooi of the colonies
Europe, thfy must be Srat brought here, aiid
like duly of two per cent, imposed. I am aware
that to this it has been answered we derive a ler-
coue from the traffic ; but, sir, 1 am not fur col-
leciio^ a revenue from our citizens at foreign
dictation — beiides, the double Toyages and i
peases so enhance the prioe, that we cannot co
pete in the market with the British produciini
■nil it operates a* a bounty to that anuunt
them.

Artick ISih CfWcerna maritime jurisdietii
but within the defined limits permits the rifht
of Mflreh, to see it the vessel belongs to an
enemy. Within our^uriridictional limits we must
maintain eicluiive jurisdiction, or fritter away
our independence — within ihem it isauniTersally
acknowledged principle, that the natinnsl sover-
eignty is a» complete at lea as on land : nay, so
ioviolkble is thai sovereignty, that even eneray'i
vessels are exempt from attack and capture. Ii
ia true, that in the ease of the' Impetueui, Oreai
Britain trampled upon the law of nations; but it
is not the less obligatory, although we submitted
to the degradation of its violaiion. Once allow
the light of leareh for the purpose expressed, and
the most alarming abuses will follow. In Ibis
ariiale there is no provisiou againil havering
around our ports, and taking stations there, to
•urprise and vex our inward and outward bound
trade — a provision of indispensable necessity,
taught us by the melancholy lenons at New
York; for (liac important place has been effectu-
ally blockaded by British vessels. Our jurisdjc-
tion must be complete and exclusive.

Art. 13ih regulates the right of search: it is to
be exercised as favorably as ihe eonise of ibe war
may permit, observing as much as possible the
principles of the law of nations^ This is a lati-
tude, boancjless as the nniver«e ; it is completely
undefined ; it ii a mnckery of our understandings.
Oreai Britain may give new aspects to ihe war
avery day, and being sole judge of the favorable
course which the war may permit, will. riot upon
our rights. It acknowledges the justice of, nay,
Miaotions a departure from the law of nation*:
belter, therefore, be wiibout ihe article entirely.
Every man who has attended to the binary of
oor humiliations at sea, must recollect the many
complaints of abuses in relation to the right of
search. Instead of keeping st a proper distance,
and limiting the number allowed to visit our
merchant vessel, for the purpose of examining her
ebaracter and lading, our caniain is ordered with
his pkpers to come on boaru of the British ship,
hunched in hi* crazy boat upon a boisierous sea,

It the imminent danger of hie life, and there
•luted with the most abusive, ungentlemaaljr

copy of the senience and proceeding)! of the ad-
miralty courts shall be given, if required- Sir, it
should have gone further, and campelled the ad-
miialty judge to have stated the grounds of hia
opinion. Let it be recollected that the court is
an ea parU one : we have no security for its in-
tegrity, and the abuses committed by them are
alarming. Their forms of judgments are, ^ con-
demned as enemy.'s property, or otherwise" — sod
our courts, where cases depending upon those de-
cisions have come betore ihem, decide that the
decree is conclusive, unless there is error apparent
on the face of it. Indeed, I believe they go fur*
ther. Bod condetcend to be the mere regiitters of
the Brilisb Admiralty edicts. How can an error
in the opinion of the judge appear whea he coi»-
demns on the ground of "enemy's property, or
otherwise 1" There is an extrente necessity fur
some cheeks. Sir William Scott, judge of the
High Court of Admiralty, who has asanmed to
himself the high character of impartial expounder
of the law of nations, for all nations, with all bis
great laUnis, has been unable to reconcile hia ia-
consistent, time-serving, varying deeisions; and,
failing in that, hat been at length compelled to
take refuge under the orders -of the British Privy
Council : thu laws of nations, of reason, motaliLy,
and everything else, being disregarded. Sir. there
ia no pr6vi9ioa for a bona fide reatitation ;and in
proof of the abuses practised, I will stnle a case
whichoecurred last summer: A vessel belonging
to. an American merchant was dispatched in bal-
lait 10 Quadaloupe, under a permission from the
President, to collect a debt due to him there.
Being prohibited by the embargo laws front carry-
ing any lading, the owner drew bilb apon hit
debtors, and not being able to obtain specie, or
perhaps .desiring to import some of the produc-
tions of the island int(» the United Siau^ as he
lawfully might, he received sugar, itd, in dis>
charge al the debt. On the return vo^age^ lite
vessA was captured and carried into Antigua, and
libelled there. The judge was disposed at firai
to condemo the property uoderibe order of June}
but finding a better expedient, he determined that
it must be enemy's property, as there was no
cargo to ptirchaseit with ; and inasmuch as draw-
ing hills might be converted to the fraudulent
cover of enemy's property, he determioed it was
enemy's properly, and condemned it. Well, sir,
although the cargo was worth, and would have
sold here for 913,000, by being exposed Ki sale in
a glutted market it brought only 83.400. The
coats of prosecuting the claim, in the vice ad-
miralty court, were tl,000; and it was admitted
on all hands, that the expenses of appeal would
be 92,000 more. Although it was most certain
that the decree would be reversed, it was equally
so that nothing would be restored but the pro-
ceed* of the sale: so that after succeeding, oat
eilizea would lose his property, and SWO into the
batfaia. Suppoae a reaMl captured toerely Jot

.yGoogIc

1397

FbbrujlRv, 1809.

mSTOEY OF CONGRESS.

Repeal of tke Embargo.

H. OF R.

the spoil, carried iaia. lod told ■! St. Jiihn'a,
where tliere ire do bidders able to eiceed $150;
and ineuchcaaeresliiuiioaortbe proceed* (which
i» the universal rule) were decreed— what la ihe
tSeell iDritationto plunder, alrhangh they hare
iufficient already. Sir, 1 am for exposing ibeir
judgei by making ibeni expose ihemselTes ; aod
fur breaking the chains oi vassalaze, which our
judges have put on thereby. Such a prorision
would effect the object.

The 14ih article relates (o piracy.

Tlie 15th prohibits citizens Trom joiniog othen
in hostility.

The 16ib prohibiis reprisals uatil eomplaioi is
made, and uoreasonable delay ; it is similar lo the
2Zi of '94.

The 17(h, like the S3d of the Treaty of '94, ad-
mils all ibeir armed vessels into our ports, and
2uires ibe punisliment of those iosulting tlietr
c«TS. I will not repeal (he objections already
urged, when dtscusiiog the 23d article.

Art. IStb relates to arming, in (he ports of the
two nation*.

Art. 19th provides for the admission of their pri-
vateers, with their prizes, whenever they please..
I wish not to be miauadersiood, in discussing ibis
treaty, as intimatiag that the provisions are not re-
ciprocal upon paper i what I contend is, that there
is none in reality. We are a peace-loving nation.
Great Britain loves war. We preserve peace if

isible. Qreat Britain prefer:

r to pea

article farther pro-
rides, tbm the privateers ef the enemies of Qre^
Britain aball not be allowed to enter with ihffir
prizes ; but if farced in by aecessiiy, we shall be
coiupeiled lo basiea their departure ; and that
hereafter we will not make a treaty incoasi^ant
with these provisions. Such sstipolatioD in lime
of war, is a gross departure from oeuirality}
which consists, in preserving a strict impartiality
between the belligerents — granting do advantage
to either, (that is not revprucal,) to the detriment
of the other : and il cannot fail to embarrass us in
future ; for, in this particular at least, every nation
entering into treaties with us, and indeed without
them, has a ligbt to expect (bat we will admit
them upon the terms of the most favored nation.

Art. 20ih, like the 2&th in tbe old treaty, per-
mits the merchants to reside here, trade &««, do-
ring a war with us. What I urged against the 26ili
article need not therefore be repealed. 1 have,
liowever,anadditional objection toihis; it provides
that if [heir merchants are suspected they may be
warned lo go off, and shall even after such warn-
ing be allowed to remain twelve months in the
eouniry. 1 want iione of Ibeir merchants here,
and I do not wish any of our* to reside in Oreat
Britain.

Art. 21st, like the a7ih, is for delivering up fu-

•"i*;

nju!

Tbe S2d, shipwreck.

The 23d requires that, in future. Great Britain
shall receive all the benefits of the most favored
nation. We, sir, are shut nut from British colo-
nies: and let me suppose that France aod Spain

should open theirs by treaty, in coni^i derail on of
some comroeicial privilege— that Spain should
cede Florida, and stipnlate in the ireaiy for the re-
servation of some indulgence — shall Great Brit-
ain inslanlly without any equivalent e»joy ihe
like benefiisT Its operation necessarily is to pre-
vent U9 from mskinga bargain ; and let it be kept
In mind, that Great Britain cannot enlarge her
Buropean possessions ; that her system in them is
unchangeable, and no inducements can be offered
to vary it.

The 24lh article concerns tbe slave trade.

Tbe 25ib provides a resfrvalion that no treaties
in existence shall be contravened.

Such is tbe-aubsiance of this famoDs treatv:
let any gentleman examine it impariially — let
him consider tbe objectionable tendency of the ar-
ticles, and above all, the total absence of any pro-
vision securingus, and I fear not that hit decis-
ion will support his Ghjvernment, id the ground it
has uk«n. If the Treaty of 1794 had mnob to an-
swer for tbe crime of omission, this has much in-
deed ; for they far transcend tbe former.

Upon (hegreat points of difficulty end collision,
no provision was madei we treated away all we
had to give, and trusted to chance and faie for
our security. By the treaty all our ports were
opened, all our laws restricting British commerce,
British ships, dtc., were repealed.

Upon the great pointof impressment, the treaty
was silent.

Tbe West Indies were shot upon ui.

The Bast Indies more than half closed beyond
wbai they ware in 1794.

There was no provision for indemniBcalion :
there too, the treaty was silent — and silence urmn
that point is, in effect, a total abandonment of it.
The Treaty of 1794 contained such a provision,
and so did the treaty with France. It has been
most uncandidly asserted, that we, in tbe treaty
with France, pramised 10 pay ouv citizen* wittt
onr own money. It was a wise provision in the
Louisiana convention, ibat a part of the purchase
money should .be applied to the indeninifieaiion of
our citizens ; (he price was not thereby augmented
one cent, snd all candid men acknowledged that it
was a ffood bargain ; the island of New Orleans,
alone, being worth more than the sum given for
all Louisiana, with itscountles* millions of acres.

There was no provision against a British export
duty, whereby they ux us to a larffe amount, and
we by our Gooititntlon are prohibited from re-
taliating.

No provision against illegal blockades.

And none for permitting tbe residence of our
Consuls at any of their possessions except in Eu-

But, sir, there was ■ sling affiled to it more
poisonous than tbe adder's, i allude to tbe infa-
mous rider, in No. 3i page 163, which Lords Hol-
land and Auckland say was the only condition or
reiervatioD annexed to the treaty. It declares —
if Franoe should attempt to execute Ihe Berlin
decree, " they are eonSitent the good leoaa of the

.yGoogIc

1300

HISTORY OF CONGRESS.

Repeal (f tht Umbargv.

Fbbbdart, 18U0.

rernmeot will pereeirc the fuMl
' eunst^qUGDce of such prei«D«ioDi lo neuml com-
' in«rce,itndlhB['itfl spiiit and regard for nslional
' honor will prevent its acquiescence." But if tbe

his

ral I

acquiesce, Orrat Brilain may be compelled lo re-
laliaLe.aDd pursue ibe aamemenHure towards neu-
trals ibat France praciises. They proceed to
giga the treaty in the persuasioQ that before its
return from Ameiicn the enemy will have for-
mally Tflinquished his prelentions, ur that tbe
United Slalea " by its conduct or assurance* will
have({ivensecurity 10 Hin Majesty that it will not
submit ;" and ihey add, Ibat ine note is presented
to let us know tbai without such abandonmeat,
(a formal one loo) or sucb assurmoces or conduct
OQ our patt, the treaty shall not be binding, or
Great Brilaia restrained "from adopting such
tneasurrs as (to her) may seem necesiiary for
counteracting the designs of ih^ enemy." Upon
a farraar occasion I dnelc upon tbii subject, and
it would be iaadmiwible to recoDaider it at length ;
bui [ acknowledge that it would fill me wiib
shame and anguish, if this nation could sloop lo
ihe degradation of sanclioning such an outrage
Upon its honor and its tights, by accepting a treaty
to which it was affiled. They conSde in our
good sense — our spirit and recard to honor; are
persuaded we cannot and will not subaiif ; and
require that we, by our conduct and assarances,
will hare given security to His Majesty that we
will not. If, howerer, regardless of our national
honor, dtn., we do submit and will nor gire se~
curlty, they will treat us as we allow Prance to
threaten or treat us. Away with the treaty and
(heridfr tool .

Our Miniiiiers had tbe iseekoess (o inform Mr.
Canning, page S2I, that he ought to besatisfied
with our conduct ; for that the French Minister
had assured ours, Ibat the decree should not in-
fringe our treaty or our rights, and that we had
witnessed a practice cooforiDable to the assu-
rance. This was ou the IBih of October. 1807,
almost one year after the Berlin decree. Well,
sir, on the 22d of October, Mr. Canning wrote
bis answer, in which, although be does not deay
that the decree had not been enforced, he informs
our Miuisiers that he is not satisfied that the
American Ooverameot has taken such efiectual
steps as to do away the reservstion contained ii
the note accompanying the treaty. He, as wa:
lo h« expected, rejected the humble security wi
had to afier — nothing but unqualified war at the
ditectioa of Oreat Britain would satisfy him. If
war be proper, do let us consult our people in
making it.

Tbe gentleman from Delaware complained
that this treaty was returned without being sub-
mitted by the President to the Senate. Who is
responsible for the formation of treaties, and for
them wbea formed? The President; and is it
reasonable that be should incur such responsi-
bility, where the treaty was not only disapproved
of by bim, but was made in express violation of
his instructions 1 Should be deliberate on accept-
ing the treaty with its insnltiog supplementl 1

mined, and I trust with candor, tbe trea-
ties of 1794 and 1806, and shown that neither
d comport with the just claims ot the Uni-
ted 8 latex.

The gentleman asks, has not an error been
. >mmitted in relation lo them? I answer, no;
and further, I will say, that neither would have
prevented the wrongs we endure ; the first (unex-
pired) article in the Treaty of 1.794 promises a
firm and inviolable peace, and true and sincere
friendship : repeated acts of war have been com-
mitted upon us, and siucerc friendship has been
substituted by the blackest perfidy. France i*
accused of violating her treaty, as if it were more
criminal to do so, than lo break the moral law ot
nations. Prance has violated both, and so ha*
Oteai Britain; the only difference eonsiiis ia
this, that Qreat Britain has done so much more
frequently, and more injuriously, than Prance
has.

The gentlemen ask, (Mr. Van Dyke and Mr.
Kev,) will we go 10 war for British seamen 1 I
put it to them as liberal mto' is it not unfair to
ask the question? They know well what has
bein offered on that score ; 1 have made » snm-
mary of the offers to-day : it is certainly attempt-
ing a very unfair divemiAn of the public mind to
suggest such an inquiry. Other gentlemen (Mr.
Dana, <&c.] ask will we go to war for the right
of free ships to make free goods? This ia equally
Uncandid; for it must be known, that however
desirable to us, we never have asserted the prin-
ciple so as to make iis recogniiion an iodispeoss-
ble condition.

Will you go to war" (the gentlemen ask) fix
the right of search? Bir,'both are given up in
admitting search for enemies' property ; and the
latter parlieularlr in the project of a treaty sent
to Mr. Monroe by Mr. MadisoB. See No. 3, p.
7. — Article 3 relates lo the right of search, and
propose* to regulate the practice. — Article 11 al-
lows the taking of enemies; and No. 3, p. 7,
([ives up the point of frev ships make free goods.
The right of search 'necesstrily results from ac-
knowledged principles in the laws of nations.
Tbe question of conlrabHud implies it; going to
blockaded ports, and seizing persons in the miti-
tary sertioe of an enemy on board, imply it also.

The gentleman asserts all our embarrassments
arise from refusing to be searched for British sea-
men. I ask -him as a man of honor, pledged not
to harbor the servants or secrete Ihe property of
bis neighbor in bis house, whether he woold
submit to have it searched by day or nighi ; and
without suspicion, (for being bound fay honor
and by compact it would be insulting him to sus-
pect him,)or without authority, permit the neigh-
bor wantonly to enter into bis rooms, open all
his trunks, desks, &c., lo satisfy himself that no
fraud bad been committed, knowing loo. that
being in want of his purse, and having power to
do so. he would carry it off? I can answer for
him that he would not.

The same genileman asserts that if we go to
war, it will'M for the subject of impressments.
There can be no doubt ttMt we ought to make

.yGoogIc

HISTORY OF CONGRESS.

FEBHCiBY, 1809.

Repeal of the Embargo.

H. or R.

war raih^r than submit on this point; bui it is
not DOW the question of immediate collision: it
is iner^red in the murders of the Chesapeake, Bnd
they are merged in tfie Orders of Council — in

the Bvowi'd Biiempt to lax iit. What are the
causes of complBicL? Impressments, spoliations,
the case of ibe Cambrian, the murder of Pieree,
the Chesaiieake, blockades, colonial trade, orders
of June^ January, Narembe.r, and every oihei:
inontb m the calendar : each one has ^iven rise
to tome DUtra^. Invitntious tg our ciiizeos to
vi'jtateour taws, and go to sea without papers,
thereby inviting to piracy ia its true definition,
and taxing us — dmnaadiaetrihuie. Arenot these,
sufficient causes of war? God knows, if we
want a justification in the eyes of all men for
going to. war, it is to be found abundantly in
them. The single case of Pierce was held suffi-
cient; his murdered body was carried through
New York by the CMSperated citizens; the P«l-
CTali:>Is were vicing with the Republicans ia ei-

Cressions of indignation; Mr. King was at their
ead, and he is biill a favorite, as the voles re-
cently given by them for ^'resident and Vice
President will fhow. All our diffii:u1ties, it is'
said, would have been avoided, if the Treaty of
18116 had been accepted. This treaty was to cure
the king's etil or ilie evils of the King; it was
to avert all our ditRcullics, altliouih many of
them preceded it, and were unalooed for thereby.
No, sir; all of tliem were omitted or sanctioned
by the treaty and its lider. We cannot get llie
subject resumed, says the gentleman, and it is
evident, thai it was the best bargain niiainable.
To my mind it is proof of bosiility the most
deadly; and as for the barsain it never could be
worse. Well, sir, what shall we do ? What, it
ia asked, will be the object of war? I answer
Ttaitlance. I will resist while there is one man
living to aid me; it will be more honorable to die
io the contest than to crouch beneath the lash
thai penetrates lo our vitals: we shall thereby
avoid a lingering death, for death is inevitable if

The genllemaa (Mr. Ebv) asks if we mean lo
light France, to coerce a respect for her treaty, to
compel Great Britain to make one? On this
score there is no difference; both have violated
their treaties with us, and trampled «pon oui
rights. If we fight them, it will be to resist tbeii
attacks upon us.

lam not for dividing and subdividing the inju-
riea done us, throwing the gauntlet and fighting
for the case nf the Chesapeake to-day, and after
the battle is over, challenging them
fighting about the Orders of Council
1 prefer throwing all the injuries in
count, and fighting to resist and redress them in
the lump.

With great exultation it is a^ked, what will bs
the effect of war upon Oieal Britain? what prof-
it will result to us? A nation like us will never
make war for the profits of it; we profit more
from peace. Not so with Great Britain; her
foreign wan are hixhly beneficial lo the Guvetn-
ment; they keep the people united, their minds

engaged, and inattentive to the crying corrup-
tion of iheir Ministry, When we go lo war, no
rcenary calrulaiion of dollars and cents will
igh down Ibe scale ; It will be a question of
niry, of liberty, and independence. But, sir,
can injure Great Britain, and also remove a
se from which much evil is to be apprehend-
We can lake Canada, and thereby put down
the hostile spirit of the Indians, to whom the
belt has biren sent from Canada some time
e, with an invitation to them lo lake up ihe
tomahawk against us, in ihe event of a war with
Great Britain, We tbould be able to subdue the
war spirit which so much predominates in savage
man. This would be doing much for ibeir hap-

S'oess, and the future peace of our country,
elides Ibis, we should harass their commerce
by OUT privateers, whosp profits would etcite a
sufficient spirit of adventure to ro upon the
ocean in search of prey ; and, above all, we
should avoid a puslllaDimotw, dishonorable, and
degrading submisaion. This, io my opinion, will
be gaining much. War has been painted in
glowing colors; it is a great calamity to any
nation; it is Ibe greatest calamity that ever in-
fatuated man devised to scourge the world. But
sreat as it is, to us submission would be greater.
The genllemaa from Maryland drprecates the
consequences of trusting an army of 50,000 in
the bands of any man, leal such au one as Burr,
seated al Ibe lieira, should crimson Ibe PreMden-
tial chair, and deluge the country in blood. How,
and of what materials would this army be com-
posed 1 Of men, sir, fighting for their families,
their altars, and ibeir firesides — for the liberty
consecrated by the blood of their fathers. It
would contain some of the best bluod io this
nation, and you might as welt suppose that ihejr
would tear up the fuundaiiens of the earth, a*
become mercenaries. Sir, even at bearing the
din of war as it rumbles across the boriziin. you
already find them entering your service. Ther»
are many men who would not accept the com-
mand of your forces on a peace establishment,
that would draw their swords, and put on the
habiliments of war in subordinate scatioos, in
the hour of danger. ■ Look over the list of your
military officers, and ask yourxelres whether the
colonels, majors, captains, and subordinate offi-
cers you find there, would proniitule the liberties
of their country, and cut asunder every lender
ligament that binds them to it, to. serve the de-
signs of any ambilious, designing manf — It la
impossible. There are men on that list of the
mOFt unquestionable patriotism, public and pri-
vate virtue; and in ulents, inferior to none on
this fioor. Such men cannot be I'-d Into, or ex-
cited to partake of, the scheme. We are not ytt
in such a stale of degradation and mi'anness, tuo
often produced by foee of money, as to »utimit to
Ihe ambitious projects of a Bimaparte, who could
wield the nation in his rizht arm^ and smite iu
liberties with his left. All these injurious con-
tequences, however, in their fullest exient, are
predicted, as if we were unworthy of trusting
ourselves, lastaoces have been given from des-

.yGooglc

1408

HISTORY OF CONGRESS.

Rppeal of the Embargo.

poiic Stales or ■ dtring leader'i nsorptng the
govvrnmenl. Th«y do noi apply lo us ; the parse
and ihe aword are nielded bf Congress ; we hold
the purse-st rings, the tinews of war ; and we
thereby have in sufficient check any nmbilrous
projector. The gentleman from Maryland cam-

filains of an usorpntion already, anrl argues from
t that worse is to follow! and prey hear his
charge: "The Secretary at War, in communi-
calins the ordrrs of the Prenident to call out the
100.000 militia, requests the Oorernors to be
careful in nelectinc fit and proper pernmt.'"
Riaum tenealis. Why. in truth, it is a high mis-
demeanor, and no duubt wilt be duly considered
upon the trial of that gentleman before the Sen^
ale, where it appears lie has been impeached.
The gentlemen from Delaware warns astoiToid
war; fur in the mijstof arms the siill Toice of
reason is not heard. We have reaaoned long
enough; everything thai appertains to the rea-
soning factilties of man has been tried ; we have
Ihe belter of the argument, as our enemies ad-
mil, and we do not propose lo go to war for the
ptirpose of old-fashioned reasoning. Force is ihe
onl^ expedient that can produce reasoD with such
natiuDs as we have to deal with, I am for no
more- "supplemenial broadsides." There is more
energy and weight, in the diplomatic correspond-
ence, through the mouths of uur cannon. The
gentleman Trom Delaware asks, will the naiipo
give its blood lo blot out the errors of the Ad- '
ministration 1 Sir, the people of this country
have 100 much good sense to believe that errors
eiist, when it is not in the power of ingenious
and able opponents to puini them out. I defy
them to do it. There is no point upon which I,
humble BB my talents may be, would be afraid' to
meet them before the nation. The gentle
begs the question, we are not disposed to hidi
rors, or palliate them. If they exist, we shail be
happy to diACOver them ; and l assure gentlemen,
that wheresoever they may be found, we will
endeavor to apply the nroper and Conaiiiuliooal
corrective. The gentleman warns ui lo "put
the enemy in the wrong." Who, I pray you, are
in the wrong, ourhelvea or the enemv? They
have put themselves in the wrong. What, air!
does the genlleman mean to defend the murders
of Pierceand the Chesapeake, the orders

[Mr. Van Dvkb explained; He had not in-
tended lo convey the idea that Great Britain was
justiSed, but merely that we should put her in
the wrong upon every point.!

Mr. Jackson proceeded. — I accept the gemle-
man's eiplanaiion with great pleasure. Sir, we
have pot the enemy in the wrong on all points.
The gentleman from Maryland says, thai we
will hghl for our attars and our firesides; besides
them, all is calculation. I differ with him. The
murdersat sea, of Pierce, and of the Chesapeake;
the invasion of our maritime jurisdiction; the
impreiisment of seamen, and subjecting our ex-
ports to pay tribute, are not questions of ralcu-
lation ; they are questions o[ sovereignty and of
independence, and existence itself; we must Gghi,
rather than submit to Ihero. We, by our Cod-

■tiiuiion. are prohibited from taxing exports;
Great Britain asserts the right, and has taxed
them, and 1 would resist that alone, at all haz-
ards. The tvb'o gentlemen say Great Britain will
not relinquish impressments, as by ihe m alone
she EUppurts her navy, and it is a vital principle
to hrr.. And we are to submit, forsooth, because
it keeps up her omnipotence at sea, to a measure
that grinds this nation to powder, and stabs us to
the vitals? The gentleman asks, will we not
submit to a cutting off a member to save the
body? I answer no; I will not submit to the
amputation by Qreal Britain. I will not sacri-
fice alt the members to preserve a lifelesi politi-
cal trunk. If the legs, arms, eerf, and nose are
cat off, and the head, too, I am incapable of per-
ceiving the use or value of the body; and sub-
mission to Great Britain will be a sacrifice of all
these. I have read of a great general — I believe
it was Ceesar — who directed his soldiers to aim
their weapons at the faces of the enemy's army,
because, being handsome men, and more attached
lo [heir beauty than their country, they would
surrender rather thtti lose it. But. by the gen-
tleman's system, the body is (he oiily desirable
place; do not touch that, and the members — eyes,
head, and ail, may be quietly destroyed-

The gentlemen have urged that notwithstand-
ing impressments, ice., we have flourished. Sir,
if we made il merely a question of dollars and
cents, perhaps we might flourish under the Orders
in CouBcil-^but, let me ask, do not our national
I and personal rights transcend in value all such
calculalions ? Are our liberty end independence
worth nothing? Gentlemen say, we are all pow-
erful for defence — we wish for no more than to
det'end our iuai rights — we are not aiming at coo-
quest, and For delence we will he mighty indeed,
in a war against those who dare to assail ns.
Gentlemen ask us to convince the people that
war is necessary and ihey will act with spirit and
vigor, but not till then. This is true, sir ; but by
What means are they to be convinced, if ihey are
still incredulous? Those who do not discover
the necessity of maintaining our rights, and that
we have been deeply injured, must be as callous to
feeling as the miserable poltronn who, on being
forcibly thrust out of doors, at length discovered
that his presence was disagreeable. It is true, as
the gentleman stales, that the genius of cur Gov-
ernmenl leads lo peace; but it is honorable peace
alone that can be fostered by them; they will pre-
fer war to disgrace, cost what it may. Pf ace is
the sheet anchor of our prosperity ; but if forced
into war we will be terrible as the tigress robbed
of her whelps. Wiih much preparation and de-
liberation the gentlemen have announced 10 us
their system — one is for trying the pen first and
then ihe sword. Why, sir, we have already tried
this war of goose quills long enough ; and if we
repeat the warfare I shouliT not be surprised at
hearing ihe whole feathered tribe squalling and
squeaking like the British merchants and some of
our own too, when a bristle belonging to them is
touched ; they sijueak from one enuof the nation
to the olber, and although they make a great cry

.yGoogIc

HISTORT OP OONORESS.

Pebru«iit, I

Repeal of the EmbargD.

HopB.

we get but little wool. Sir lb« spirit of )hi
lion has almost been destroyed by this ^oose-quill
warrare — I beg pardon of the people, it is Ihe spirit
of this Housf 1 mean ; we wriie report', reaolu-
tioDs, bills, A.e., we talk and write much about
thern, until all our spirit evaporates. Not so with
tbe people i we have indeed for some lime been
lolling ihem into a fatal security ; they have been
dozing over our lethargy; bat I trust ibal like a
sleeping lion the nation will awake and rise up in
il9 full strenplh and rtgnr to assert and raainiain
its righia. The other gentleman (Mr. Key) is
for letting loose these embargsed ships, permit
them aniiu to Davigaie llie ocean, and resist by
force all search for unlawful purposes. How is
the lawfulness of tbe intended search to be fore-
seen? While the gentlemsn was speaking 1 could
Dot refrain from asking how he woold discrim-
inate — 1 was anxious to know how an ingeoioas
geotleman could manage rhe aubject : he said he
would tell me, but he failed to attempt it. The
right of search is an acknowledged right, resist-
ance to it is war. or piracy ; for instance, (as sta-
ted in my previous examination) to ascertain the
character of the vessel and cargo. Well^ sir, a
British ship meets one of your vessels with the
ioteDlion of enforcing Ihe British orders, but the
commander does not order his trumpeter to pro-
claim it at the mast-head; he comes alongside,
and orders the captain with his papers on board ;
unless, out of courtesy, he boards the American
vessel. After gelling possession nf his vessel, the
American learns that the object is unlawful, but
his vessel is captured ; and then, and not till then,
be is permitted to resist. Why, sir, resistance
comes too late, and ever will, unless we suppose
that an intuitive knowledge pervades the navi-
etktors of the ocean. The genilemin wishes to
leave the door of reconciliation open a little long-
er. Sir, 1 wish not to he misunderstood by gen-
llemeQ. Although I can see no possible good that
can result from further negotiutioo, I am for a
little longer delay. I preler letting the goose-
quitls lay idle for a season, and the cannon too—
although, Rs I have remarked, war is not such a
dreadful expedient to me, as some gentlemen
would represent it; and unless we receive redress,
I, for one, will say it must be resorted to. 1 sm
at present opposed lo granting letters of marque
and reprisal. If we send out privateers, they will
make war; and if we allow our merchants to arm,
they will make it also — or if they do not use their
guns until they are searched for uolawful pur-
poses, they will be captured, guns and all. If
they resist a search, they become the aggressor,
and a species of war ensues, h Is said that Mr.
Canning's last letter proves their sincere desire
for peace — proof was indeed necessary; hut I
Would rather rely tipon their acts, than their pro-
fessions. In my opinion this last letter is not less
hostile than ibe former ones. It persists in the
unmanly insinuation that we have acted with
duplicity, and made our communications with the
Briiish Goremment dependent upon out relations
with France. He has said, to be sure, it would
be gratifying lo him to settle all differences with

Mr. Pinkaey. Perhaps he deemed ft politic to
bold such langnage. We, however, must appre-
ciate it according to the actual state of ihiogs.
I know that I may be* asked why, under all these
unpropiiioai appearances abroad, and unfavorable
circumstances at home; delay any longer? Why,
sir, noiwiihstaodmg my want of conGdence m
their friendly dispositions, I am still witling to
await the events of a few fleeting monlhs. As
to any iohereot tenrd for our rights, I put it out
of the questioD. f look to more powerful causes
— to the occurrences in Spain, and the Biitlsb
disasters Ihere-^for there can be no question thai
their armies have been cut US', unless, as at Dun-
kirk, ihey have ran away ; and that their depend-
euce was upon their heels, there can be but little
doubt, when we look at the map, and examinft
their marches, in a line parallel to the seacoast,
instead of advancing by the side of the patriots,
and upon the frontiers of Spain, disputing the
passes throogh which the enemy had to enter into
the country. The British nation are a high-spir-
ited people, and they will itiy bronk the disgrace
of running, or (if their armies were compelfed to
fight) of being' cat off. Either alternative is ruin
to the ministry. When we look at the sensibility
excilsd by the convention in Portugal, we can
have little doubt of the effects of the expedition
in Spain. About the same timexhe communica-
tions made to Congress will have reached ibem.
They will put down the slanders there, that we
were for submitting lo France; they will show the
liberal offer made hy us to Oreal firiiaia ; an ofier
in efieci, lo join England against France, by trad-
ing wiih England, and resisting France ; and the
insolent rejection of the offer. AH these concurrenl
circumstances will crush the ministry, or compel
them to relax towards us, and come lo an accom-
lodation. Wise politicians yield something to
circumstances and appearances; and if we disre-
gard tbem now, after waiting With so much pa-
tience, and at a great sacrifice, for so long a lime,
we could not well answer it to the nation if we
rushed into war, if, as is probable, ihe olire branch
is crossing the Atlantic lo us.

As to fighting France it is idle ; we can't get
ther^, and they can't come here, and their ships
are swept from the ocean. I will not join gen-
tlemen in their project of Gghllng Franee, and
submiltiog to Oreat Britain; lam for fighting
the enemy who has done us most wrong. Tha
injories committed by England exceed those by
France an hundred rold. While Great Britain
kicks us on the highway, robs and insults us, we

Eocket the affront ; but if France, like a man on
orseback, happens to approach ns near enough
to spatter the mud upon us, and dashes on m full
speed ; after getting out of sight we offer battle,
and taking courage from our security we look big
and brave. Upon my soul I believe that one of
Ihe members ot this House (Mr. Q.mNc7} wouia
have nerve enough for such a daring. I am
against arming our merchant vessels unless we
make war; for on tbe day they sail the peace of
(he nation is gone; they have the power of mak-
ing war iranEferred to Ibem, and (bey may wtge

.yGoogIc

1407

HISTOKT OP 00NORB8S.

1108

Bepeal of the Embargo.

Fbuidakt, 1809.

it ■gBii]si'.wlioiiiii>erer thry please. I am for

ke«piDg uff ihe eril day aa Iudk aa possible, and
for pursuing the adnce uf the good olJ Laertea
to liin ion, '' Beware of etilraactj in ■ quarrri, but
beios in, be iiiiu and tijy enemy will beware of
tbee. I am out for immtdiatr. war; liut lei me
toll- at genitemen DOl lo abandou the ground we
hare taken, at a time too wti.pn the peuple from
almosl eiecy qunrier of the Uiiioii are plidsing
tbemHetvei to suppurt it. There are a few fac-
liuus spirili to be sure, who clamor asainM our
m<rasurcii; they bave clamorrdal all times; iheii
approbation ii not dusirabte: t( aloae would un-
biuge the aOectiuas uf ihe people io a great de-
gree; but tha (uajurily who ap|ircbale our course
U grtiai indeed. Fur mysell', I wilt yield to the ma-
jotilv, du what they may. 1 will,, an far as I can.
resUl muse measures which I iJeem unwise aiitt
■(Qpoliiic, but luy resistance shall beconfiaed wiili-
in ih« CuostiiuiioDal limits, aod I will be ready
■t all limes tu coerce other:* lu resi)eci ibem. If
tbe majority wili give up the embargo wiihoui
•ubi'liiuiiiig war, aail thereby submit, however
much I deprecate such a surrender of priueiple, I
muslacquieace. Oue argu men t urged with much
efiecl, though ceriaiuly uf nu inlriusic weight, is,
that wv roust remove tbe embargo, or the mer
chants will do it fur u<. Sir, od the day we yield
10 ihe menacea of a faction our Cuu^titulii.
not worth a straw- II' yuu sacrifice ihis luee
to a fdcliua in the East, you muit sacrifice ani
to a faciiou id the Weat ; for the moment you buy
off one faction yuu offer a premium to anothi
Need I rel'er lo particulars? Look at yout pub-
lic lands ; there are mea daring enough already
to assert that selling them is unjust, and that ii
would be chfciiper to take them wiihoui buying.
If one gieai principle is tu be sacrificed tu the
inerchituts, why nut fur the agriculturist* also?
If the merchants triumph over ua, 1 give ni
that so far as depends upon me they shall take
tbecoDsequeace,and theseamen too. I will jeup-
Afdize tile jieace of ihe naiioa no more for them.
Upon a view of uar fureign rdaiioiis I find that
these same inrrchanis first stimulated us to assert
their rights, and they are now the first to complain;
fur, ha).pen what u:iay, they are always the com-
plaiusnta. They claijiured about Ihe colonial
tiade^Dok St Ibe Bo:<lun memorial written by
the vtry party whu have accused their Govero-
ment ul improper conduct for insisting on it. We,
after linviog incurred the ctnsUre of our con
ueolK for expenditures of money, dbc. for their pro-
tection, find tbem the first to turn against us, be-
cause we Jo not obt;y their clamurmn all things.
If they drive the Ouvcrnm^i into submission, I
give notice, let ihem abide the cunsequenceti; if
they expect protection let them stay at home; I
am unwilling to jeopardize our peace for them
agBi'u- What will gentlemen give us as a sub-
aiituie for the embargo? I hup« they intend to
aave appe'iraaces at lea.it,^and pass a noa-inter-
course. Remove ihe embargo without it, and
allow the arming of merchants, and my life on it
they will fi.'hi their way iutu the tributary ports
of Oreal Britain. 3ir, I do not consider this lu

be a mercantile question merely; it ia cerlainljr

more an agricultural, or ratheranational one. The
merohcnt will have liis profits on the produce, no
matter whether Ihe prices be great or small ; and
the depression of the price is a loss to the farmer.
Our produce will not bear the tax — flour at two
ilullars per barrel and other articles in proportion.
Bui if thii view be falUcious, it ii i>iiU a national
question — as a nation we ara bound to protect
our citizens in the exercise of their lawful pur-
suit*. If the merchants be attacked, give tbem
protection ; ibey, as an integral part of the Dation,
ought to be protected ; it is our duty to witch
over their rights ; let us then preserre ihemfrom
destruciioD. I never will couseoi, if Ibey are
mindful of their duty, to give them upi and I
will not abandon those measores which we have
taken, mrrelf to gratify iba factious spirit whick
pervades New England. 1 am sorry to see so
many of my friends yielding to ibeir clamors,
(which we need not faar,)as by yielding they add
fuel to Ihe flame. If our manulaeturers were at-
tacked en matte, who would say il is no concern
of ours; let them defend themselves? Wheoevef
we lose sight of the principle I contend for, the
same argument will apply to the great landed in-
terest of the nation, lam for considering the
various portions of our ciiizeoa as embarked on
one pljok, 10 sink or swim together.

The resistance in New England, it is said, is
justified by the example in Vlrgmia. lam proud
tu see gentlemen willing to cling [o her example —
for, in 1798, when the resolutions of Virginia were
Lraasmilled to the East, the Legiilaiores would
not treat them with decency. They resolved

palion, and deserving marked repreheuMon. And
v^hatdid Virginia resolve? That the Constitution
had been violated, and that Liie' States who were
parlies to the compact be invited to co-operaie in
Cunaliiutiunal vQorls to procure a repeal of the
obouzious laws? And what followed ? In Ibe
capital of Virginia the sedition law was executed;
the authorities of the nation bad declared ii bind-
ing, and no man raised his hand to resist it. In
New England, a quarter too where the Slate*
were denied the tight to concert CoD^tilulional
measures to repeal the sedition and alien laws,
oppucilioQ is organized in town meetings, and in
(be State Legislature, to resist the laws by force,
and to punish those who attempt to execute ihem;
and this is " the land of steady habits." There
cin be DO doubt that the Slates who are parlies
to the compact can interpose, and by unliing iheit
efforts, procure a repeal of laws violating ihe
compact ; but ibe course of wisdom is to do so
calmly and dispassionately, as we proposed, not
by a seditious and rebellious resistance.

But 10 return lo the subject before ihe Com-
mittee. By arming and going out without au-
thority Id capture the enemy, our property will
be first sacrificed; (he enemy will be enricbed;
and we shail fight to see if we shall keep il:
whereas, fighling being inevitable, I am fur it
while we are whole and strong ; sending oui the
pioducfi invites attack; I here are miny hangiy

.yGoogIc

HISTOEY OP CONGRESS.

Febbcibt, 1809.

H.opR.

Tolturei n»ij lo pounce npon it and rnin will
follow. Tben brisiM meroKanta nill Iheo deafen
foa wiih ibett cries, and uitcr their coniplBinis
to the DBiiiiQ a^imt you for so uowifely maaa-
ging ila cODcertia as to remoTe tbe «inbargo, tod
Ibereby admit a diiiiiauii6Q of danger. Tbe great
drift of gentlemen seems to be attacking ibe Ad-
mintstratioD. and arlfullf eyadiog tbe queoiioo.
Ttiia is uncandid and incorrect; lei censure be
applied where it is due — but on al! ocoaiions,
whether right or wrong, lo attack ibe OOrern-
menl for tbe porpose of saddling it with oar mia-
fortunes, and to anield the oppressora, ia so incoo'
sisient that it astoniabea me to Sndilpemisted in.
If they had been-KO long aucoeasTuI with their de-
luded followers, I would apply tbe fabk of tbe
sbepherd'a boy to them — " wnen Ibe wolf cornea
you will not be belieTed."

Sir, this measure which yon are about to abiD-
dOD, riet lue repeat it,) baa passed in review be-
fore the American people — yoor course has re-
ceiTed their decided sanction, as has been BTinced
by their recent vote in the election cf President ;
they will act with firmness if we do our duty ;
and although tbe wisdom of our plans is doubted
bf some honest men, it will yet work well — right,
like justice, though yon trample upon it, will
survive iheaback,aodnllimateiy triumph. The
pictureof war hast tendency to enslave us — there
was a time when it was thought wise lo risk a
war for independence; I hope We will risk it
again for its mainlenanee.

I have huated gentlemen from their lurking
places — I bare exposed tbederormity of the treaty
which they rayahauld have been accepted by us;
and 1 liusi have proven that, like laudanom, if ii
»Bed tbe pain it would be by producing stupor;
by lullins the nation to sleep^the sleep of death
lo your liberties and independence. Sir, I have
discussed this subject of great interest, not un-
mindful of the argument of gentlemen, that re-
pealing the embargo, and permitting the mer-
chants to be scourged,will unite us — much asl love
unanimity 1 canoot purchase it at so deara price.
If the merchants rush into deilruciion the nation
mast feel it— the merEbanis and the farmers too,
will feel it, more seterely than the embaigo ^-for
then,intiead of a part of our property and produce
rolling on our hands, the whole must be irre-
trievably to>t.

When Mr. Jackson had concluded the Com-
miltee rose and had leave to sit again.

Tuesday, February 7.
Mr. HacOFtpreBented a petition of sundry
inhibiianta of Washington county, in tbe Minii-
■ippl Territory, praying that a right of pre-emp-
tion may be granted to the petitionera and other
actual settlers within the said Territory ; also,
that a free navigation of the river Mobile may be
secured, so as to prevent the payment by citizens
ofihe United States, or the Territories thereof,
of foreign duties on goods, waret, and merchan-
diie, imported into, and exported from, tbe said
river, and passing br (be port of Mobile.
10th Com. Sd Sbsb.— 46

The said petition was read, and so much there-

as relates to the right of pre-emption in landa
within tbe said Territory, was referred to the Com-
mittee on tbe Public Lands ; and Ruch other parts
of the said pelitioQ as relate lo a free navlgalion
of the river Mobile, was referred to the Secretary
of Slate, with instruction lo examine and report
his opinion thereupon to tbe House.

Mr. PoiNDEXTER preseoied a petition of sundry
iohabilants on Tombigbae river, in the Mississip-
pi Territory, praying that tbe right of pre-emp-
f ranted to actual settlers on public landa sit-
on the west aide of the Tumbigbee river,
nay be extended to actual settlers on the east
lide of the seme.

The said peiiiiona were read, and referred to
the Commiiiee on the Public Lands.

r. Nicholas, from the oommiiiee appointed)
the fourth instant, on ihepart of this House, joint-
ly, with a commiciee appointed on ihe part of the
Senate, lo ascertain and report a mode of exam-
ining the votes for President and Vice President,

id of notifying the persona elected of their elec-

>n ; and to regulate the time, place, and manner
of admioistering the oath of office to tbe Presi-
dent, made a report, in part, thereupon; which
he delivered in at the Clerk's table, where the
a ime was twice read, and agreed Co by the House,
as follows:

Stiohid, That the two Houaei (hall aasambte in the
Chamber of the Mouse orRepretantatiies, on WeJne*.
day next, at twelve o'clock ; ^lat two persona be ap-
pointed, tellers, on the part of this House, to make a
lilt of the votes, u they shall be declared ; that the re-
sult shall be delivered to the President of Ihe Benate,
who shall announce the state of the vuIb, and the per-
sona elactod, to the two Bodhi asumbled as BforeHid ;
vrhich shall ba deemed a declaration of the persona
elected Prerident and Vice President; and, together
with a list of votes, be entered on the Jouioals afthe
two Boutes.

Ordered, That Mr, Nicholas and Mr. Vatv
Dtkb be appointed tellers on the part of this
House, pursuant to the foregoing resolution ; and
ihat the Clerk of ihia House do acquaint the
Senate therewith.

On motion of Mr. Bdhwell,

Retolved, Thai a petition of the CommissioDers
of the Susqaebanna Bridge Company, together
with the attested copy of a laie act passed by the
General Assembly of Maryland, presented on the
sixth instant, be referred lo Mr. Sat, Mr, Marion,
Mr. Dam A, Mr. Howard, and Mr, Jeoediab K.
Smitb, a committee, appointed tbe twenty-sixth
ultimo, and to whom were referred the memoriala
of tbe President and Managers of the Susque-
hanna and' Tioga Turnpike Road Company, and
of tbe President, Managers, and Company, of Ibe
P&iladelphia, Brandywine, and New London
Turnpike Roads,

A (nessage from ihe Senate informed the House
lhat the Senate have agreed In the report, i
of Ibe joint commiiteeof tbe two Houses app

I. J.B.I,

010 led

Uuited Siaiei, and notiFying the perK

.yGoogIc

HI8T0RT OF CONGRESS.

1412

Jtepeal of the Embargo.

FnauABT. 1809.

of their election; and to refciilite the liras, place
and minner of admiDiitering the oalh of office 1o
the Preiideni ;" and bare appoiated Mr. Smith,
of Maryland, a teller of the votes, ob their part.

REPEAL OF THE EMBABGO.

The House tesoWti itself into a Committee of
the Whole,53 toSl.on the resolution on theiiob-
iect of the stote of out foreign relatlona. Mr.
RANOOLPH'sametidmeat yet under conEideT«tion.

McBsrt. Sloan and Cook advocated the ameod-
menl.

Mr. Ltom sai'), on an oecaaioo e
ai the preseni. oa a moiioD id which i:

oponant

involved DolhiaK less than the peace oflhia once
happf country, f will make no apology to gentle-
men when I ask their alleotion to those observa-
tioDi which I mean to make relative to peace and
war, as well a* the present stale of our country.
And although I do not rite to debate the pro-

K'ietv or impropriei]r of the embargo, [ hope to
allowed to name ii. It seems no subject can
be, or has been, debated in this House, without
the mention of thai hateful word embaren. The
embargo has, like uther things, had its dayj I be-
lieve, with the getitleman from Gonnecticui. that
the burial is gone by ; the vole taken in the Com-
mittee—76 (0 40— in favor of taking it off on the
fourth of March, is accepted by Ihe people of th.e
United States as a sure pledge of their redemp-
destroyine monnler. I do
I- gentleman from South Car-
olina, (Mr. D. R. WiLLMMS ) that it is in the
power of the Eai<tern members in the minOrily to
patch up the ruined popularity of the embargo in
ihai portion of the naiion. 1 am tio well ac-
quainted with the Eastern people 10 believe that
a single lown who have acted on the subject
eould be persuaded to alter their opinion or their
course by every argument in favor of the meas-
ure thai b»ie been made use of by the majority,
if ihe^ were enforced by all the inBueace of the
minority ; bui I think gentlemen in the minority
ought to be eiouacd from laboring in ibis cause
until their own understanding ia conviticed. It is
no disparagement lo the Eastern RepreaentativeB
lo say that they have left many, very many men,
•t leaatequ^l (o tbemaclvea in informalioo and
patriotism at home, whosa eyea are steadily at
(hi* moment fixed on the proceedings in this
Hdu». The«e people have never been made to
believe ihatsome foreign nation would make war
upon us if we did not.lav an embargo ; or if we
should raise it when laid. 1 know, sir, this bat
been itie effrct of the clamor which has been
raised (that we must have war or embargo) in
■ome other jiaris of the nation, and as no nation
DOW threatens us with war, I can see no neces-
sity of going to war at present, unless it is for the
hoDor of those who have Inid the nation we must
have war or embargo. When Dean Swift was
very sick, and his servants were mourning about
him, he observed lo'a friend, you see bow the
poor creatures love mc, they do not want to spare
me, but they have prophesied that I mu^i die;
DOlwilhsiaDdiDg all their love for me, I believe

they would rather f afaould die than they abould
turn out false propheJs. 'So it aeema to be witb
some geotlemen; they are good patriots, they
love their country mast fervently, but ihey bave
said we must have war or embargo ; embargo ia

fone, and war we are to have, it seem*, merely
ecause they have said so. When ihey see their
favorite embargo is run down, a measure in itself
preposterous and self-destroy ing only, they seen

think tbe'national honor pledged for war, and
. ir the nation must tiBve. When 1 hear honv
■D much talked of on this occesion, it makes me
think of Paddy's honor. Paddy had aworn by
the bill of Hoaih, by the holy fathers, and by all
the saints in the red leather calendar, ihai be bad
land) act, or part, in stealing the womaa'i
psker; but when she came to touch his honor,
Paddy ksya, womaD there is your poker- So ^en-
ilemen, tenacious of the national boDor, of which
they are more tender than their lives, and the
and property of their fellow-citizens, say,

J we have promised you war, war you shall

have, although it it a war dehtiluie of every kind
if hope except that of dying honorably. The
gentleman from South Carolina seemed to prom-
ise himself an'honorable deaih in the struggle be
wished to coniimence, although, as I undersiuod
him, be did not even. presume to promise that his
country or its liberties should exist one moment
after his exit. This kind of honor too much re-
sembles that described by Shakspeare's Falstaff,
who says, "What is honor 1 A word. What U
that word? Hoiror. Whet is that honor 1 Air.
Who hath it 1 He that died on Wedgesday."

Alter all this talk about honor, let me tell gen-
tlemen that true honor eonsisli in acting wi»ely ;
wisdom and viiiue are synonymous. So said the

The question is not now, as has been said, whe-
ther we will live slaves or die free. No, sir, the
question i», will you fight on the ocean with a
Power vastly superior to yourselves for the com-
mand of that ocean, so that you can aend your
cotton and'your tobacco, as well as the sugar and
coflea your merchants can obtain in ihe West
Indies, free of restraint lo any part of tbe woirld
where you think you can gtt most for them, or
will you content yourselves with that uw of tiM
ocean which your relative Btrengih "and impot-
tance as a naiion entitle you to expect? Two
gfeat belligerent Powers, two thousand years
ulderthan us. yet not quire so muck before us ia
point of power, attempt to rrstrain us in the use
of what we call the great high road of nations.
One of those nations says, ahe has, at immense
expense, lurppiked this high road; (hat she has
driven robbers and nearly all her enemies from
it ; tbat she keeps a guard upon it for Ihe defence
of those of her nation that travel on iu She
nays the road shall be free for our national ves-
sels, and if our merchants choose to go and come
to and from ibeir eouatry, it shall be free for
them ; she says it shall be free fur them to past
and repass to the eouolriei of her friends Bud to
those who are nut her enemies, as treU a» in (he
colonial dominions of ber enemies; but if our

.yGoogIc

mSTORT OF OONaRBSS.

141^

FEBRITAItT, 1909.

Hepeal of the Embargo.

merctiDQls Dse the road to earrr their merchan-
dise to her enemies, they shall pay loll. The
other nation eiys, if you Ao pay loll, or eren iT
(bow toll takers speaK to you on this road, al-
though il he eTcr fo much against your will, you
■halt be confiscated, you shall lose all your prop-
erty the moment you touch at my pori^, or the
ports of aoy of my vassals, and my power reaches
Over almost the whole European continent. Thus,
sir, it is impossible to pay this toll or tribute so
much tnlked of; no man would be such a fool as

goods &old to answer the merchant's purpose, ac-
cording to our own established doctrine, that the
consumer pnys all, this tribute would not be upon
US, but on the European pnrcbaser. We hare, for
thirteen months past, said that we would not sub-
mit to this treatment, and while we cried out that
We would not submit, we have been guilty of the
meanest kind of submission, by not only abaudon-
ine this great road, but we hare nearly destroyed
air the roads and passways in our oivn nation.
We have carried tbis thing so /ar that no man
who has not powerful friends, or favor at Court.
can pass OD our common nalibnal ^oads, although'
intended by nature and designated by compact,
to be common to all our fellow-citizens. Welt,
air, it is now found that all Ibis has done nothing
towards obtaining for us a concession that we
■ mSy freely use the great high road as we please,
and that our abandoning it, and spoiling all our
domestic roads, is spoiling our own growth, doing
ourselves more harm than it is doing everybody
el.ip, and the true question now is, what is' the

the cry, but this cry, sir, comes mostly from gen-
tlemen who know little about war, who can prom-
ise nothing but honorable death as the conclusion
of the war they contemplate. As much averse
as I am to war and carnage, 1 confess my own
sense of the injary offered to this country is such,
that if I could promise myself and the people 1
have the honor to represeot, a proGt^ble conclu-
■ion of a war now to be commenced, and that we
could, ia any reasonable time, obtain the perfect
free use of this road; and have it guaraniied lo
ns, I should be inclined to join in this war; but
alas, sir, this is not the case ; allhouzh, in a defen^
sive war, we are I hope unconquerable, the power
and strength of this nation compared to the two
we are threatening, is totally inadequate lo wag-
ing oSVusive war. I know it may be said, and I
believe with truth, too, that we shall have but
one of those nations to cooteod with, namely
England, if we go to war, and that Bonaparte
will give us every assistance in his power; yell
am not to be persuaded, that with our meana we
can do her so much harm as she can do us. We
can, it is true, take from her all the valuable part
of Canada with but little expense ; we could have
obtained possession of Montreal within one month
from this day, if ten thousand Vermonlers had
been noiicei] timely of their permission to take It ;
this,ta be sure, would be a considerable injury to
EogiaDd, but, without Quebec, it could be of lit-

tle use to us, we can raise no revenue from Can-
ada, unless the navigation of the St. Lawrence is
open to us; we would not allow the peaceable^
unresisting inhabiiants of that country to be
Hacked and plundered; no, ibis is inconsistent
with modern, civilized warfare, and we are an
honorable nation ; and if that country should be
sacked, ll|e produce would not go into our Treas-
ury. True, we would, by lakiog Montreal, which
would be a judicious step in case of a necessary
war, secure the allegiance of the Northern In-
dians and obtain a good frontier ; yet, as to an in-
crease of the revenue, or Che real strength of the
nation, nothing could be rained without Quebec.
We have a right to calculate upon finding more
disafiected persons id Canada than persons well
affected lo our Oovernment, and wk sh<iuld b«
obliged 10 keep a standing army there of from
tive 10 ten thousand men fut the safety of the
country. As to Quebec, I think It is out of our
power to lake it ; it is a second Gibraltar. When
it was not half fortified the British force coultT
not have taken it had ihey been without a fleet'
tQ cut off the communication with the mother
country; this being effectually done, and Wolfe

ffth^i

and the country, there was ndthing left for Modi-
ume out on lo Abram'.s plain and
fight, or Slay in the fort an'l starve ; he chose the
former, and Quebec fell. We may expect to take
it when we can invest it in the same manner, and
before. It will be a long time before we can
atiaclt it in this way if our grovrth de.<troying
projects should be continued. With Canada I
perfectly well acquainted ; with Nova Scotia
n acquainted only by such historical and g<-0'
graphical sketches as have come in my way; but
It seems lo me there U little to gain there wiib-
out we had a fleet to support an attack upon Hali-
fax. 1 remember the fate of the Penobscot eipe-
diiion very well. I apprehend there would be
danger that an attack upon Halifai would turn
n much the same manner as that on Peoob-
, and 1 believe it would be thought best to
let that place alone if we were really at war. It
may be said, sir, that we have another way to
'njure our Britrsh enemies — we can privateei
gainst them. Yes, sir, we can privateer upon
them; but ihey can privateer upon us too; (hi«
5 a play that two sides can employ themselves
t; il is a play that the British have got theic
lands in at; their ships that come where we (»d
[et at them, are nearly alt armed, and their trade

ienerally convoyed. No doubt our privBteera
I lake many of theirs; will this fill the na-
tional coffers, while their privateers and their
ihips of war take perhaps more than an equal
number of ours 7 Bitsides Ibis, their ships of w^r,
if they let our great towns alone, may Snd a great
deal of land privateering lo do in our liitle uupro-
'ed seaboard towns and villages and itieir
ioity.. Notwithstandins the many millinos
1 out in fortifying New York, Charleston, Ac,
people of those cities may in their turn oe
^!ad to take the advi.;e of R geotleman from Ma-
yland and fly to the mouQiaioa for safety. Tbi*

.yGoogIc

1415

HI8T0RT OF OONGRESS.

H. or R.

Rtptal of the Embargo.

FuBiiARY,]309.

i* ■ subject I do Dot lihe lu dwell on. buc I may
be allowed lo say the Briiish politician muni
know tlmi his Daiion, while she holds the best
part of Canada on the courtesy of ibis Oorero-
ment, Feeln herself assured of that courtesy }iy
the power she hRsofBDooyiDgour seacoasl. Su|i-
pose, sir. it would turn out oiberwise than I pre-
dict, and we should he able to take HBlifax and
Quebec; we roust have men to garrison ihero.
Where h«»e we men for this purpose, beside all
that will be wanted for the defence of the coast
tbiee OT four tboitsaQd miles in eiteni? Whence
ahall we ftet money to pay ihem 7 If you suc-
ceed in Bllemptinit to squeeze out of your bankers
more iban enough to carr^ on two years of war,
their paper wilt become like our old eoatipetital
money for want of means of redeoipiion. Yoilr
embargo hsa nearly drained your Treasury, and
has had a coniiiderable effect on the banks; the
connexion you will have formed with your ally.
Bonaparte, will entitle him to offer to f^rrison
those places. You cannot refuse so kind an offer;
that moment he has fpoihold here we are lost. I
niight pursue this subject further, but it it too
disgusting lo me. I cannot suffer my mind to
dwell on ef en the dangers of (he downfall of my
country, ihe destruction of our Consiituiioo and
our GoTernmeDt in this way. No, If you must
bare war, which can hare no object probable to
be obtained, I will look for an end to it in an-
other way. There is cerlainly a very great share
of the sensible people of this nation who deplore
this proposed war as much as I do. At the dep-
redation, the expense, and (he national debt thai
must be occaMoned by it increoies, iliey will be
heard too by the great body of the people, who
will put the concerns of the nation into hiQd.s
ibat will sincerely desire peace,Hod will be obliged
lo make it on terms no beiler, perhaps worse than
can now he had. I am not insensible lo the ini'
patience and indignaiion with which some gen-
tlemen listen to my peace talk: but, sir, it is a
duty I owe lo the nation to speak out my mind.
On a great occaiion like the preMnt I should like
to hear every member of this House apeak his
aeatimenis. Now fs the time to count the co^it ;
for want of counting (he cost in the outset of a'
project many a fine estate has been lost. Ardent
young men are not apt to see the difficulties with
which their projects are attended. When (hey
have an enterprise before them, ihfy are apt to
think all difficulties can be surmounted by cour-
age. Many a battle has been lost where great
coirnge has been displayed, merely on account of
(be General's reckoning without his host, belillle-
ing the difficulties he had lo encounter, and think-
ing too lightly of tlie power and strength of bis
enemy. Anybody that talks at all can cry out
war, but it requires the united wisdom of the
nges to carry it on with a prospect of success. I
adt. hare we union among ourselves? Have we
confidence in one anolber? The majority says
"No!" This nation can make war when it
ideases; but we must have the cooseoi of our
enemy and our ally to make peace,a« welt as that
of (his nation, and I would lay an equal bet, if it

pxrte, I repeat it, sir, now is (he time to count
ihe cost; to pause and couni the cost, I know a
lidle of what war means. Although I had nnt |
the honor of bearing a conspicuous pari in ibat
war which gave this country liberty, although I
bad the moniScation, very unjustly, (o receive
a slab in my repulalion in that war, a slab which
would have put almost any other man down, I
acted an humble, though perhaps a useful pari, in
that war from ibe first to (be last of it. I was a
private soldier in one of those companies called
" minute men," who first look up arms in defence
of the cause of American liberty, and with my
gun 00 my shoulder marched to take Ticoode-
roga under the command of Eihan Allen. This
was the first offensive war waged by Americans. |

My humble career ended in ihe capacity of a '

militia colonel, commanding in the neighborhood
of an exposed frontier, in defence of which, seven
years' toil and danger has made an indelible im-
pression on my mind, and has made me to know
Homeihingof (he value of peace; too much to (i
fie it away on a flight i ' " '
wish to hear of, much

iiofoi

r anin

lappr

women and children shall be assembled {o take ■
last warm at the remaining brand of iheir late
habitation, ihe falber and the hui^band either mur-
dered or carried into a hopeless captivity. Per-
sonal dangers, personal toil, hunger, and cold, are
comforts compared to such fetlings as these sights
produce, yel they are but the commou fatiuoe
and lot of war. But we are told, siir, that we are
called upon to fight ai this lime for our indepen-
dence, inai our all is at stake as much now as it
was in 1775, 1776, and 1777 and that patriotism
has deserted our bosoms it we do not rise and
challenge our enemies, or put ourselves in battle
array. It is no tuch ihiog, sir. If Britain was
to tell us now, (inalead or lelliog us that their
fleets bad put them in possession of greater rights
on the ocean iban onrs bad us,) that iheir Parlia-
ment had a right lo bind us in all case* whatso-
ever i that she would appoint Governors over our
Slates, who should be anore our laws and abn>-
(tate them at pleasure; that she would send to
this country, and felch away for trial such of our
citizens as ner Government should plrnne lo call
traiioTs — should she, I aay, land troops in BosIod
to enforce her edicls.and should her troops more

again towards Lexington tocarry away or desiror
our military stores, and again commence the spill-
ing of American blood on their march, I would
myself, old as I am, do as I did before, uke my
gun on my shoulder and march to Ticonderon,
to wrest it from the British veterans, if any Ti-
conderoga there was as near me as it ihea was.
I had, but two children then, whose alarery I
dreaded; I have more than thirty chilclreu and
grand childipn now to be alarmed for, and my
zeal to defend their liberties is (although my
power is nol) proporlionably increa^. Were
ibis the ease now tnere would be no wani of p«-
ttioliam. No, sir, every beait would beat to the

.yGoogIc

1417

HISTORY OF CONGRESS.

1418

Febrdary, 1809.

Repeal of the Embargo.

H. OF R.

■oaod of the drumj the Americaa people would
not wait for the Ihuoderine Eloquence uf the gen-
tleman from South Caronna to wake ihem op.
It woald be found, lh?a, that those troublesomi
yankeea, instead of being complained of bf iht
embargo men, their fellow-citizens, would be fir-
ing cause of complaJQl to their country'

lade me that our independence ia
at all in question. '

Realljr, sir,' suppose genlletnen coold have their
way about going to war now, and England, bar-
ing no occasion to employ a man or a ship more
on aceoaat of warring with us while she wars
with Prance, Bhould take it in ber head to keep
ap with us a long, moderate, and teasing war.
What would we have now to induce them to
peace 1 The patriola and philanthropists of that
country formerly persuaded the aation and the
Government, that American commerce, flow-

3 the lap of England, would compensate
for American independence, this brought about
oar peace at that time; but, sir, can we have a
party m England who will plead for us in this
manner now? hare we not stopped their mouths
by our constant threatening in one way or other,
that we will withhold all our commerce from
Ihemj that we will injure ourselTes to injure
Ihem; that we will have mannfactures of oor
own, and be independent of themi Much has
been said about ine merchants of this coantrv
two or three y^ears ago covering yoor tables witn
petitions, stating the hardship they saffered by
being denied the right by England of carrying on
in one way or other the commFrce between the
French and Spanish colonies and the mother
country. What was the coosequenee? Why we
first narrowed the limits of the commerce they
had left, and then inhibited the whole, for foar-
teen or ofteeo months, and now, as if to punish
these impudent merchants for their interference,
they are treated like a patient who has been dosed
with warm water until bis tiirength as well as his
faith in the doctor is n«arly exhausted ; the doc-
tor cries out to him, "Bleed, bleed, or die !" So
the ibercbanis are told tu bleed ; they are told
that their vessels shall be kept rotting in port, un-
less they agree to take letters of marque, and
tnake war for us.- Ill-fkted merchants!

on this floor. I should myself care but little about
these (nerchants if it was not that they are the
real servants and agents of the farmers and the
planters. If they couid make a war of their own,
a merchBht's war, and not trouble the nation with
it, I should not be qtiiie so averse to war, but that
they should be forced to engage to make war and
that a national war too, before they can have
' iJieir ships unshackled, is rather too much, espe-
cially as f have not learned that one merchant
has yet asked the favor of a letter of marque and
reprisal. After glancing on the hard case of the
— Tchanta, permit me to say, ■" '■ '""'" '■"'"■
* r the

, . ,, , t ioak» like

adding insntt to injaryfor the embargo gentle-

men to express so much pity for the poor Ameri-
can sailors. It is too late in the day, sir for those
gentlemen to make much out of that fellow feel-
ing sod sympathy their speeches express for this
neglected class of their fellow men. The sea-
mea who have been driveo into foreign service
to earn a livelihood, have a right to say these are
crocodile tears, and those who have been starving
at home have found, by sad experience, that all
the fine speeches of the embargo gentlemen have
not made their pot boil.

The'gcoileman from Sontb Carolina has toM
us that the destinies of this nation are in the
hands of the minority. I wish it were true, sir;
the minority are composed of about half the ttnm-
ber of the majority.; it is my opinidn, that if they
had the destinies of the nation in their hand* fbr
half as long a term as the majority has held the
people embargoed, they would, instead of war,
give the nation peace on terms that would be to
the satisfaction of nearly the wliolenf the Ameri-
can people; a peace that would suSer the nalton
Jo grow a while longer. There is, sir, another
set of gentlemen in this House, consisting- of
about one third, who Teally hold the destinies of
the nation in their hand ; to them 1 look for peace.
The gentlemen I meait are those that have not
by war speeches committed themselves; that
have coolly listened, and steadily kept the fate of
the nation before ihera. Should they, or a ma-
jority of them, hold their hand on the helm of
State at this time, and keep the political ship
from bilging on the rocks among which she seeme
now to be embargoed, they willdeserve the blese-
ings of their country, they will, ere long, eojoT
the heartfelt applause of a grateful nation, Iheit
children, and their children's children, will bleae
them, and feel proud of the blessinss heaped on
them by others, their progeny wiD ibaoK God
that they have the honor ofoeing descended from
men who have deserved so well of their country.
"Blessed are the peacemakers, {said the King of
■ Peace,) for they shall be called the children of
' God. When men shall revile you and say all
' manner of evil things of you, rejoice, and be
' exceeding glad, for your reward is in Heaven,"
Blessed, I say, will be they who preserve the
peace of this nation and suffer it to grow. Let it
^ow, I say, in strength, in power, in wisdom, and
in virtue.

Mr. Chairman, soon after I came to Congress
last year, when yourself and other gentlemen sgid
we were in a kind of war with the British, I
offered a resolution for holding British property
in the funds, and British debts in the hands and
names they then stood in; fur this I am charged
^ith having been s favorer of war. Although I
hare a right, in common with others, to change
my opioiooEj I do not claim to exercise that rigbt
on this occasion. 1 was equally a friend to peace,
then as now, hut until the disavowal of the Brit-
ish Government of the attack on the Chesapeake,
I saw no chance to avoid war, especially as the
temper of this nation was no on the occasion;
thinking, as I shall always tniok, that it is best
when we have wtir to do our enemy all the hanii

.yGoogIc

14I»

HISTORY OF C0NORBS8.

1420

Repeal of the Embargv.

FcutCARY, 1809.

Tie cBD, I brought forward ihe propoiition, ijoc a&
■ war mesBure, or as h mcmure of provocatjon,
but as B niCHsure of precaulioD, which would
bare laved, iradoptcd, more ibau thirty tnilliotis
of dollars ■□ a slate rrady for sequestra lion in
ca^e of war which is now iraDsferred out of the
reach of the Governmeni. In case of peace, the
owners could not be injuied by my propoiitioo,
at iheir property remained io their own hands foi
ibem.

For (he reaioos I have meDtioned, and for the
aake of humauity aud the ^rowlb of our country,
I hope the moliou for ilrikiug out will prevail. J
■hould ihen b« willing to adopt, fioi the propoai-
tioD of the Eentlemaa from Virgiuia ; that ii (oo
Diuch like inreaCcQiDs for roy mind in the pres-
ent iiBie of things; bu( that of the genilerasn
from Pennsylvania on this side of ihe House, (Mr.
MiLNOEt.^ Somelhinz has been said about a spe-
cial misiioni to [his I baTe noobjeciion, provided
thai missiofi can move unclogged with embargoes.
DOD-im porta linn acts, non-intercourBe eels, and
threatening army biUs. We have tried negolia-
lioa backed with a non-imponaiion act, and at
the advice of the negotiator, withdrew iliii back-
ing. Negotiation then produced us * treaty. I
need not repeat the fate of ih^i treaiy. If we
now send a mission Dnshackled, we may possibly
again get an ofiVr of as good a treaty. A gentle-
man from Tirginia baa taken some pains to prore
to yiiu that there is a powerful parly in England
who wish for war; I believe hira: there is no
doubt of a parly there who wish for war with
this country— a strong party, who wauld>be prof-
iled by it. Then wny will you forward their
Tiews by your ihreals, and your allempu si co«r-
tion, while you wish to treat 1 No conduct can
be more preposterous.

There are only Iwo wiae courses to pursue wllh
regard lo England; one is, to reason with ihem,
and obiaia and receive such conceiisiona. from
them as you can persuade them wilt comport
wilh their interest, aod be quiet with thai, leiting
Ibis nation grow. The other course is, to hare no
more concern wilh ibeni than is absolutely neces-
Mry. Lei the system you adopi with regard lo
our concerns with them be of a permanent na-
lure, and such as our own people will srtproTe of,
and can forever bear; such as ihey will cansider
coDsfsienl wilh iheir permaneni interest ) and in
Ibis wa* let the British know that ihey must
crenluaily be losers by iheir ri^id, harsh, and un-
lieighhorly conduct towards this nation. Neither
of these courses have been pursaed; you have
kept the naiion embargoed now near fourteen
months, while you have allowed the Biitiab to
bring here not only loyi and gewgaws to a vast
ttoount, 10 he paid for in cash, while our own

t reduce has been perishing un our hands ; bui you
ave allowed them to bring iheir cotion goods
also, subject only to the usual duties, to the great
discouragement ofyouc own infani manufactu-
rers, who would, wilh proper encouragement,
make up for our own coDsumption a large share
of that simple article, to get a free sale for wbicb
is eiery part of tbe world, a great ahate of tbi '

bluster is made. No, air, the people do not hrai
of an additional duty, pledged for fourieen or
iwenly years on any article which we have been
in tbe habit of receiving from England, and can
very well be manufaclured hcre^and tbe manu-
live by it. if ibeimporiatiooii " '' " "

haa
1 ibc

aged by duties. No, sir, while your embar^
depressed those manuTactueers who were in
badit of making ban shoes, raddlerr, pleasura
carriages, household luroiiure, and otter article*
for exporiation, olher manufaciurers have re-
ceived no permaneni encouragement. Tbe em-
bargo was to remedy every evil, to core ererf
disease. This done, our commerce with Brjiaia
was to he revived wilh rvnswed *igor; but tbe
embargo has done nothing abroad; our Oovprn-
Dieni nothing at home. How can »nch an im-
piovidenl OoTernmecrt expect to retain the confi-
dence of an enlightened people? They hare dis-
couraged those manufacturers who labor lo pro-
duce articles for eiportaiioo ; they bare looked
on wilh apaihjr while their pelicy has mined
many, imporensbed and divided the people, and
brought the naiion to the humble posture of bor-
rower* to meet the common expeoaiiure. I must
say as I ihink, sir, thai to this unacconntable apa-
thy, ibi* libllessness, to the deficiency of those in
whom unbouDded conSdeuce has bean placed, in
ihe knowledge of the human heart, ibe wantt i
and ways, the habits and propensities of the Amer< I

ican people, ip ioeapaciiy in them to discern tbe |
real and true relative slalioo and importance of I
ibis young nation compared with the nations it ia
proposed Io contend with, and with the rest of
the world, together with a propensity to man wor-
ship In minds that ought to be above such idola-
try, nearly all our present difficulties as well as tba
dep rested state of tbe nation is to be attributed.

We bave a Conrtiiution which provides for
Ihe meeting of 142 members in this House, and
34 in another, to cottsult for the comnaon good
and provide for the safety of ihis nation : we map
talk here, here we may vole, bere we may meet
to collect a majority to order tbe registering of
the decree* of a sort of jacobin club callol a
caucus, who hold their midnight convocations to
consult not the good or the safety of tbe nation —
no, ibat could be best done here. No, sir, it seema
it is to consult what can be done to save ibe
party — not the Old Republican party of 179&—
no, that party is broken down. 1 don't hear that

EouTself (Mr. Macon) aod many others of tbai
'Id llcpublicaa party meet in those caacuaes,
those nightly meetings: it is It »emE the em-
bargo party who meet in Ihe Senate rooms un-
der pretence of eooi'uliing and devising means
for the national benefit, yet in their discussions
they cannot avoid dwelling upon the dangerous
situation of their parly: it was in the great or
litile caucuses that this war-whoop commenced^
it was there discussed and recommended as m.
party-saving measure. It seems as if we are in
future to look for all national measures to be first
canvassed io those midnight meetings by thos«
self-cieated caucus gentry : it seems that every
measure ptopoaed for national benefit, bowerer

.yGoogIc

1421

mSTORT OF CONGRESS.

Febbmbt, 1809.

Bleetoral Vole*.

H.opR.

ipplicaUe to the Elate of this natiOD, is to be
icouiFd oui 'of this House at tbe fint glance,
merely because it is not ibe child of this caucas ;
oar work is (bus to be laid oni for ui in tbe miil-
Dight tBueuses. and we are to be called upon fo
be present while these meniurea receive a vote
of MDctioD* in this House, which is ia future to
act the part of Bonaparte's mock Parliameol.
We are to meet to-morrow here to attend the
TegislerJDg of tbe election of a caucus President ;
we are lu have a caucus army, I anderstand, a
HttcDs non-intercourse, a caucus loan of ten mil-
lions, equal to the whole capit&l of the Batik of
tbe United States. - -'

Wbeti I passed throogh Virginia eomio); here
I wa« vrrv much insulted because I said the em-
bargo bad brottght our coffeis so low, that, noi-
wichslanding the boasted state of our Treasury,
we should be obliged next year to borrow. Nol-
withsiandJDg ali the boasiing of an overflowing
Treasury, a^nd ihe appointment of a committee
to devise means to dispose of iia rednndanee, we,
it sevTOs, are to have the regisiering of a caucus
mandsie for this ten million loan. There is, sir,
a caiKus oawspaper in this city. 1 do uit read
it, but it seems that il iirculaies the cancns bul-
leiiu or general orders. Wbjle gentlemeQ were
at tbeir caucus devotioDS last evening, 1 hap-
'orit paper
it from-lhi

fer the whole work of iljal caucus puimed out
y ope of its organs in their paper. Action, ener-
gy, decision, promptitude, conodejice in one an-
other, confidence in the leaders, union, energy,
war, preparation for war, viitor, more embargo,
armies, navies, and above all, loans and money
are called fat; and all this, not to save the nation,
but the embargo party. All these subjects, I uq-
dersiand, have beeo discussed in the caucuses.
On Saturday night tbe prevailicg opinion of the
caucus was, that immediate war and-a revival of
the embargo would save the party: last night's
caucus softened down ihe term of immediate
war; (bey wouli] try letters, of marque j ptepara-
tioDs by armiesand loans-prevailed. How vilely
is the undersianding of the Amen':an people io-
sulied 1 tbe'r patriotism is appealed to oy asking
Ihfm, will they consent to pay tribute in a case
where it is impossible that aoy man, even with-
out a drop of American blood, would be fool
eoough to pay it; while a self-created caucus,.
compused of" a few of their Representatives, has
the hardihood to propose a loan that would make
them pav a substantial and anoual tribute of
about half a million of dollars, mostly to foTeign-
ers, for Ihe purpose of fightiDg about this nomi-
nal tribute ; which search for it as sedulously as
you please, you can no more overtake It than you
' can a jack-oMantera.

The question was taken on striking; out so mnch
of Mr. ^icbolas'h resolution as relates to issuing
letters of marque and . reprisal-, there were for
■trikiDgoot57,agi^init it SU — majority IG; so that
Ibe oezt question's on inserting thesubstiiaie of-
fered by Mr. Randolph; on whose motion the
Commiitee now rose, 56 to 37. — AdjoarnA).

WEDHBfiD&T. February 8.
Mr. John O. Jackbon presented a petition of
inJry citizens of Brooke county, in the State
ofVirginIa, praying that the road commenced
,d laid out from the river Potomac to the Ohio
rer, may pass through the town of Wasbinglou,
and thence to Charleston, on the river Ohio, for
the reasons therein specified. — Referred to the
Commillee appointed, the fourteenth of Decem-
ber last, on a Message from tbe President of the
United Stales, transmitting a supplementary re-
port of the Commissioners appointed under the
act of Congress of the twenty-ninth of March,
one thousand eight hundred and six, concerning
a road from Cumberland to Ohio.
On motion Mr. Holheh,

Ordered, Thalihe Committee of Claims, to
whom were referred on the fourth instaui, a let-
ter from the Secretary of War, accompanied
with a supplementary report and sundry docu-
ments in relation to invalid pensioners, be dis-
charged from the consideration thereof; and that
the said letter, report, and documents, be referred
to tbe Committee of Ibe whole House to whom
was committed, on the thirtieth ultimo, a bill
concerning invalid pensioners.

ELEGTURAL VOTES.
Mr. NiCBOMfl offered the followiug order:
Ordertd, That a meuage be sent lo the Senate IA
intbnn them that this Houm is now ready to attend
them in opening Ihe cerliGealei and coaming tbe votei
of the Electors of the several Stales, in the choice of
a Pinidgnl and Vice Prendent of the United Btatee,
in pnrsuasce of the reeolntions of the two Honaea
of Congiew of the 7lh instant ; and that the Clark
of tbe Hooae do go with the Mid meesive-

Mr. Randolph said it had sometimes been (he
ease, be did not say it had been the practice, that
this House bad met the other branch of the Legis-
tature in their Chamber, for the purpose of count-
ing the votes ; in which cases, very pcopetlv in-
deed, this House being in the Chamber of the
Senate, the President of that body bad taken the
chair. Mr. R. i^aid he now understood that it
was proposed, without any vote of this House for
tbe pnrpose, that the President of tbe Senate
was to lake the chair of ibis House; that the
Speaker was to leave the chair, to make way for
the President of another body. To this, he, for
one, could never consent. I conceive, said he,
(hat such a proceeding woulii derogate, very n

that any otber person than yourself, or the Chair-
man of the Committee of the whole House, should
take the chair, except by a vole of the House. I
hope, therefore, that this matter may be well nn-
dersiood. I conceive it to be a respect wbicl#
we owe to ourselves, and to the people, whoae
immediitte representatives we are, never to suffer,
by a sort of prescriptive right, Ihe privilei^es of
this House to be in any wise diminished, or It*
dignity to fade before that of any other assemUf
of men Whatever.
Mr. NioBOLAB aaid h« was as nowillbg u iBf

.yGoogIc

1428

HISTORY OF CONaRESS.

1424

EUetortd Votu.

Fbbbdart, 1809.

other g«ntlemBD i
*he House. Whe
KepreseattliTn, be ngreed that uooe but the
fipeaker should take the chair ; but, on the occi-
■ioD of counting oui the rotes, he did tiai con-
sider the House of RejireECtitslives to be fornaed
■• a distinct body. In meeting oti this occasion,
he Hid, it alnajrii had been usual, since the estab'
lishmeni of the Qoveroment, for the Vice Presi-
dent of the United Slates, or the President pro
tempon of the Senate, to take the chair. There
was, also, a propriety id this course, because, by
the CoDstituiioo, the Vice PresideDt Is to open
the TOtei. For twenty years the practice had
beeo that the President of the Senate presided in
joint meelinir.

Mr. J. O. Jackson spoke a few words on the
lame side as Mr. Nicbolab, and Mr. Lyon re-
plied to him.

Mr. NiCHOLiB moved, in order lo do avar any
difficulty in this case, that when the members of
Ihe Senate were introduced, the Speaker nhoulil
Tetinquish the chair to the President of the Seoate.

Mr. Datenpobt supported ibis motion. He
had no doubt of the propriety of the President of
the Senate presiding; at a jolol meeting, more
eipeeially^ as be was the person designated hy
the Conatitulton for counting out the rotes.

Mr. Rahdolpb said ttiat if this course were
tikea, the Senate ought to be notified of this act
of courtesy on the pan of the House: if not, it
night appear that Ihe Fpesident of the Benale
tooK the chair as a matter of right. He said he
knev that, to many person*, matters of this sort
appeared lo be of micnte importance, but in
e*erything touchioelhe pririleges of this House,
ts it regardeii the claims of the other eo-ordinale
braoehe* of the Qoveroment, he would stickle
for the DiDih part of a hair. It was well known
that, in England, the privileges of the Commons
had been gained inch oy inch from the Kings and
Nobles by a steady perseverauce ; and that man
must have very little knowledge of mankind, in-'
deed, who was not persuaded that those privileges
uiKbt belost,as they were gained, by gradual and
imperceptible encroachment on the one hand, and
tacit yielding on the other. This was no) a mai-
ler of sreat consequeiKe in itself; but power
alwaysbegot power. It was like money, he said ;
any man could make money who had money.
So any man, or body of men, who had power,
could extend it. I have no objection, said Mr.
B., very far from it, to ibe Constitutional exer-
cise of the powers and privileges of the Senate.
Let their President count the votes sir; there is
ft very good chair for him in which the Clerk
BOW tits. But, on what principle is he to come
into Ihe House wilh a consciousness that he has

light to throw you out of the chair,

take possession of it f I have no idea of suffering
ft man to come through those folding doors with
■uch a sentiment. If he comes into ihis House,

he comes from courtesy, and cannot assume your
chair, Mr. Speaker, as a matter of riehl, but as a
favor. And, if the President of the Senate Ukes
posKasioo 01 your cbair as a favor, it oogtil to be

announced to the Senate as such ; for, the in«f«
vole on OUT side amounts to nothing, provided
that be, and ibe body over wbom he pmidea,
come into this House under the knowledge, (wiib-
out an iniimaiion from us,) that you are to leave
your chair, and be is to take possession of it.

Mr. Shilib observed thai there was no feftt of
the privileges of this body being encroached upon
by any oloer, for there was a wrillen Conslilu-
lion, prescribing the powers of each body ; and,
at the same lime, that it was proper to be carerol
of their own rights, he said tbe House should
be careful not to infringe on the rights of the
other body. In respect to this question, there was
a case in point. In one instance while Congress
BBt at Philadelphia, tbe Senate bad come into the
Representative*' Chamber to count out the votes,
and Ihe President of the Senate had taken tbe
chair as a matter of right. We, said, Mr. S„ are
silting as a convention of the two Honsea, for a
special purpose, viz: toconntontihe votes. Who
is properly the presidingofficer in this easel Un-
q^uestionaoly the officer directed by the Constiin-
tion to open ihe votes. , And I eonsider the Speaker
of the House, on this occasion, as acting in the
saniecapacity as any other member of tbe House.

After some further observations on the sub-
ject, from Messrs. Mahtbrb, Lyon, and Macoh,
the moiioQ of Mr. Nicboub was agreed to —
yeas 98.

Mr. Kaitdolph then moved that the Senate be
acquainted, by message, of this arraDgemeDt.
Agreed to— yeas 73.

The resolution Stat offered by Mr. Nicbolas
was then agreed to.

On the suggestion of Mr. Van DrsE, it was
agreed that Ihe members should receire the Sen-
ate slaading and uncovered.

The time for counting the votes having arrived,
the members of the Senate, preceded by their
Sergeanl-at-Arms, entered the Renreseniatives?
Cbamber. Mr. Milledoe, the President pro tem-
pore, took the Speaker's chair, aod the members
took their seaLi on the right band of the chair.
The tellers were ranged in front, and the Clerks
of each House on the right and left of the tellers.
Tbe President of Ibe Senate opened Ihe electoral
returns, one copy of which was handed to the
teller Of Ihe Senate Mr. S. Bmitb, who read it;
the tellers uf the House, Messn. Nicbolab and
Van Dyke, comparing the duplicate returns
banded lo them.

When this business, which occupied about two
hours, was concluded, the tellers handed their re-
port to the President of the Convention, who was
proceeding 10 read it, when

Mr. HiLLBOusE observed that the retaros from
one of the States appeared lo be defective tbe
Qovernor's cerliBcaie not being attached to it.
He thought ibat (his might be as proper a time to

Noihinir farther being said on ihe subject, how*
ever, the President of the Senate read tbe follow-
ing stuement of the voles, as reported by tbe
leUers :

.yGoogIc

HISTORY OP CONGRESS.

142«

Non -Intereauru,

H. opR.

rorPntUent Fdi Vim PnMdsdt.

New Hamfnhiri
MouachoMttts
Rhocte iBluid
Connecticat
Vermont
New Tork
New Jereej

Delkwaro
Maryland
Virginia
North Carolina
South Carolina

Kentack;*
Tenneatee
Ohio

Totals

47 113

a| » 47

RteapUitlaUm of the attti of the BkeUirt for Frtt-

idtnt of tht United Stata.

Jamaa MadiMn - - - - . |33

Charlei C. Pineknej - ... 47

George Clinton - • • ... t

Total

For TiaPrmidaa of iktUniied Stata. '
George Clinton - - - - - 118

Hufiu King 47

Jrfin Langdon . • - - . B
James Madiwn - - . - - 3
Jamee Honroa - . • • ' 3

Total

175

The President of the Senate, pursoaQl lo the
joint reiolution of the two Houses of the 7lh iti-
Blani, iben aDDOunced tbe state of [be Toles to
both Houses of Congress, and declared "That
' James Madison wbi duly elected President of
' the Utiiied States, for four years, to commence
' OD the fourth day of March aeit ; and that
' George Clinton was duly elected Vice Presi.
' dent of tbe (JDlted States, for ibe like term of
' foar years, to commence on the said fourth day
' of March next."

The members of the Senate tben retired id the
same order in which ihey enie/ed.

After tbe eoDcIuiion' of tbe business of the
joint meeting, tbe Sptsker resumed tbe chair,
tod the HoUM came to order.

Mr. J. G, Jaokbon offered a resolutian for a

total nOD-interoourse betiieeD this country and
Great Britain, and Fraucp, and for excluding
from our waters all armed vessels, with a riew 10
have it referred to tbe Committee on Mr. NicBO-
LAs'a resolution.

The Speaker haTing declared the motion for
commitment lo be in order,

Mr. Rahdolpb appealed from the decision, on
tbe ground that a few days ago llie House nad
decided that a resolution could not be considered
when the precise subject of the reiolution was
already before a Committee of the Whole } and
that the decision was Tariant from the former
decision of tbe Speaker.

After some observatioDs from Tariotis gestle-
men on the point of order, Mr. Jackboh with-
drew his motion, and the House adjourned.

Thobsdav, Febroary 9.

Mr. Macon mored to amend tbe Journal of yes-
terday'ii proceedings, by inserting the letter of
Mr. Walton, the Elector from tbe State of Ken-
tucky, who did not attend to give his vote, stating
the reason thereof. He staled bis object to be to
state on the Journal the teason why one vote was
deficient from (beSiateof Kentucky, that it might
serve as a precedent on similar occasions. For,
if hereafter, in consequence of tbe sickness or in-
ability to attend of any one or more ElecEon,
there ahoutd be a tie between any two caodidales
for the Presidency, it would be made a matter of
question whether their rotes, all hough unable to
attend at tbe time, ought not to be cuucted.

Some discussion took place on this point, it be-
ing contended by some gentlemen that the House
bad no concern with the causes why any role
WB9 not leceired, but merely to count those which
came to band. And that ifit was inteaded to Bi
a precedent to govern future proceeding on ibia
subject, it ought to be (lone wilb great delihera-

Mr. Macon's motion was negatived, ayes 20.

NOH-IHTEHCOUHSE.
Mr. Taylor said it would be recollected thai,
1 the course of the public business of this session,
resolution reported by a commillee on out for-
igD relations arising out of a motion of a, mem-
ber from North Carolina, for Ibe purpose of iu-
ling commercial intercourse with such bel-
ligerents as had in force decrees or edicts agaiost
the lawful commerce of the United Stales, had
been agreed to and referred to the same commit-
who bad reported a bill for non-intercourse.
B bill in fact however comprised but one balf
ofthe wholesubject embraced by the words " non-
iatercourse." The bill as reported to this House
provided for the noQ-imporlation of the goods,
wares, and merchandise, the growth and roaufoc-
' sse particular countries. Tfaai(saidhe)
may he readily accounted for, from the circum-
stance that the House was then actually engaged
in passsiog a law for the eoforcemeni of tbe em-
bargo, tbe committee therefore having only in
view the other part of the question, so as to coib-

.yGooglc

HISTORY OF CONGRESS.

H. or R.

Non- Inter eoiirte .

Pebmaby. 1809.

)i)«te B QOD-intereo«T>«. Aficr that bill wis re-
ported, a gentleman Crom Tennessee (Mr. Rrba.)
in order ihtt the wbole ralghi be JDCorporated
iltto one, offered o maluliun fur (bat purpose. 1
did think ii onneceisarjr ai that time; but aa the
course or basinefs scemi to look townrdi a repeal
of ihe embargo, in order that the whole subject
of non-Vniercourse maf be jncorporaied in the
bill before the House, I more that the j::om rait lee
of ihe Wbolebedischarfred from the consideration
of the bill, and that ii may be referred to a com.
mittee. in order tint it maf be made infect what
the liile imports it to be, compleiely, a bill for
non-iniercoarse between tbia counir^ and those
tntiona haring in force decrees affecting our nen-
tral rights.

The Committee of the Whtde was diiefcu^a
from the further consideralion of the bill, aves 72.

A motion haTJog been made that (h In bill be
referred to the Committee of the Whole on Mr.
NiOHOLAS'a reiolntloti, was negatived, M to 43.

It was then mored to refer the bill lo the com.
mittee who reported it, and carried, SI to 41.

(, Dana, BppBe, Tatlob, Nicbo-
L*(t, Van Hcrh, and SaIilib, partook.

Mr. W. Alston moved that the comniitiPt
which now has under eondderaiionlhereiioluttOTii
offered by Metsrs. Nicholas, Bacon, and Dcrell,
be discharged from the further consideration of
them, and that they be referred lo the >ame com-
miliee to whom the noB-iniereourae bill was jost

Hr. Dawson leeonded Ihe motion, and Meisrs,
8iiiLiB,LoTE, Holland, and Rhba, sapporiedit;
and Messrs. Dana, Handolph, Milnor, Oabdb-
NIGR, and Macon, opposed it.

The qaesiioD was taken on disehaTglng the
eoramiiEee from the further consideration of them
at half-past 5 o'clock— yeas 60, nays 56, as fot-

TsAi— Lemuel J. Alston, WiHts Alston, jr., David
Bard, Wiltiun W. Bibb, WiUiam BlaoUedge, Thomas
Blonnt, Adam Bojd, John Bajte, WillJAm A. Burwell,
Wm. Butler, Jog. Calhoun, Matthew Clay, John Clop-
(cu, Richard Cults, John Dawson, Josiah Dosne, Joseph
Desha, Daniel M. Durelt, John W. Eppei, William
Findlej, James FkA. Meaback Franklin, Thomu Ohol-
son, jr., PetersoD Goodwyn, Isaiah L. Green, John
Heister, Jamea Holland, David Holmea, Benjamin
Howard, Reuben Hnmphrcjs, John Q. Jai^son, Rich-
aid M-Jobnsrai, WalMc Jdnes,Tbomu Kenan. Wil.
Ham Kirkpatrick, John Lambert. John Lotc, Robert
Marion, William McCreerj, Danial Mantgomerj, jr.,
iobi Montgomery, Nicholas R. Moors, Thomas Moore,
Jeremiah Marrow, John Morrow, Tbamaa Newbokl,
Thomas Newlon, Wilson O. Nicholas, John Porter,
Joha Pugh, John Rea of Penniyivania, John Rhea of
Tenneasee, Jacob Richards, Matthias Richanli, Ben.
jamin Say, Ebenezer Seaver, Samuel Shaw, .Dennis
Smelt, John Smilie, John Smith, Daniel C. Verplanck,
JeHie Wharton, Robert WbitehUt, Isaac Wilbour, and
Alexander Wilson.

Niii— Eukiel Bacon, Bnrwell Bssselt, John Blake,
jr., Epaphroditus Champion, Martin Chittenden, Orch-
ard Cook, Jofait Golpeper, Samael W. Dana, Joba

Davei^ort, jr., JaBes Elliot, William Bl;, Barcnt Gar-
daniar, FnnciB Gardner, Janus M. Gamett, Edwin
Gray, John Harria, William Hoge, Daniel Ildej, Rich-
ard Jackson, Robert Jenkins, James Kelly, Joscpb
Lewis, jr., Bdward 8l Loe LiTermnre, EdwarJ Lloyd,
Matthew Lyon, Nsthiniel Macon, Josiah Maaten, Wil-
liam Mflnor, Jonathan O. Moiely, Gordon 8. Mamford,
Timothy Filkin, jr., Josiah Quincy, John Randolph,
Samuel Riker, John Ro win, John Russell, James Sloan,
Jedediah K. Smith, Samuel Bmilh, Richard Stanlbrd,
William Stedman, Clement Storer, Lewis B. Btnrxe^
Pelar Swart, Samuel Taggart, Benjamin Tnllmadg^
iohn Taylor, John ThompKin, Abram Trln, Jabe>
Upham, James I. Van Alen, Philip Van Cortlandt,
Archibald Van Horn, Killian K. Van Renaeeiaer, aad
Darid R. WilUama.

Mr. W. Alston then moTcd to commit th«
resolutions to the eommitiee to whom the bill on
the subject of noD-iotereourse was referred.

This motion was opposed by Messrs. Ranholpb,
LroN, Van Hobn, Bacon, Gabdemier, Qcinct,
and MtLNOR ; and sirpporled by Mes-rs. Tatlo^
W. Alston, and Holland.

The motion Was carncil by yeas and nays — 55
10 36, as follows:

YsAS— I^muel J. Alston, WQlis Alston, jr., DsTfd
Bsrd, William BlackUdge, Thomas Blount, Adam
Bojd, William Sutler, Joseph Calhoun, MatUiew Clay,
Richard Cutis, John Dswion, Joiiah Desne, Jaae|j|
Desha, John W. Eppes, William Findley, James Fiik,
Meshack Frankllo, Thomas Gholson, jr., PelerMin
Goodnyn, Isslah L. Oresn, John Heislei, Jamea Hol-
land, DavidHolmes,Benjsmin Howard, John O. Jack-
son, Richard M. Johnson, Walter Jones, TbmnM Ke-
nan, John Lambert, J^n Lore, Robm Marion, Wil-
liam McCreery, John Montgomeiy, Nicholas R. Moors,
Thomas Moore, Jeramitb Morrow, John Morrow, Thoa.
Newton, Wilson C. Nidiolas, John Porter, John I'ligh,
Joha Rea of PennsylTania, John Rhea of Tonne wea,
Matthias Richards, Benjamin Say, Samuel l%aw, Den-
nis Smelt, John Hmilie, Jedediah K. Smith, James L
Van Alen, Jesse Wharton, Robert Whitehill, laaac
Wilbour, Aleisnder Wilson, and Richard Winn.

Nats — Esekiel Bacon, Martin Chittenden, John
Davenport, jr., William Ely, Baranl Gardcnier, Fran-
cis Gardner, Edwin Gra7,John Harris, William Hoge,
Daniel Ililev, Richard JicksoD, Robert Jenkiiu. J»eph
Lewis, jr., Matthew Lyon, Josiah Masters, William
Milnor, Jonathan O. Moeely, Gurdon 8. HninfiiTd,
Timothy Pitkin, jr., Josiah ijoiney, John Ranilolpti,
Samuel Riker, John Ruisel, James Sloan, Samod
Smith, Richard Stanford, William Stednan, Lewis B.
Btnrgee, Samuel Taggart, Benjamio Tallmadgs, John
Taylor, Abram Trigs, Jabei Upbam, Philip Van Cort-
landt, AieUbald Van Horn, and David R. Williams.

Mr. Van Alen moved to refer to the same
committee a resulation offered by Mr. Mdhpord
at the commencemeRt of Ihe session for a partial
repeal of the embargo ; but the House adjourned
before a question could be taJieti.

TheeffettloftbeTUtesofthiBday,iBtaTefertatha
Committee on Foreign Relations, cotnposed of
Messrs. G. W. Campbell, Nioholas, Bacon, Tat-
lob, FiflK, J, MoNTOOHEBT, MoMrono, Cbam-
ptoN. and Porter, the sereral propositions for
the repeal of the embargo, for armiag tbe mcr-
chaol Teasels, Tot nob-iatercoMse!, for eicluding

.yGoogIc

HISTORY OP CONGRESS.

FeHirABr, 1609.

H. orH

■raed vmeU froin onr waters, tsd for dMlarins
th« Snit eaptlire made in vioraiion of ihe neutral
righii or the United Sikica to be a decUraiioD of
war, Ac., with leave to report by bill.

The cbief argument In fa t or of ihit seneral
refefeiiee was, that these propositions might be
nerged ip oae bill which should present a reoe-
ral system, aiKl thus render leas eomplieiied the
proceedings of the House oa these tastdationi.
ThemuaaigwroealsagaiBstit were, that it would
deetroy all ittat had already been done in Cunt"
mitiec of the Whole, and probably present » sys-
tem at leoglb to ibe Hutisc which w*uld not be
approved, and thus produce do other effect at tbi*
lace period of the session ibao to protract diseos-
sioD i Bitd also, that it would encourage that spec-
ulation now going on in the mercauiile towns,
aod be raiflous to naoy men of tooderste capitals
who had cmbaiked their all in the purchase of

Eroduce, in the certainly that the em^rgo would
e Tateed on the 4tb of March.

Friday, February 10.

Mr, JcRBMiAR Monnov, f>om the CoiDinit-
lee on, the Public Lands, presented a bill foi (he
dispMftl of eertata tracts of land in the Mis»J.<-
sippi Territory, claimed under Spanish grants
repotttd by the Land GommtssiotKrs as antedated,
and for other purposes; which was read twice
and comiDittatl to a CommUtee of the Whole on
Monday next.

A message fron the Senate informed the Hooae
that the Senate hafe passed a bill, entitled "An
act to incorporate a euDipany for opening the
canal in the Ctly of Waahinplon ;" lo which they
desire the cooeurreDce of tfais House.

Ht. NBWT0H,>from the Commiliea of Com-
tnereeandMannfacmres, presenied, a bill author-
izing the Aceounting oOcers of iha Treasury
Departmeai to give credit to certain eolleclots of
the Customs, fos atlonranees paid by ihem to the
owners and crows of fishing vessels; which was
read twice and cammiiied to a Committee of the
Whole to-raorrow.

On a motion, made bf Mr. Dana, that the fol-
lowing be added at a new rule to the standing
rules iud ordcn of the House, to wit ;

"The Speaker may aduil witbin the Hsil saeb Jn-
dicial officers of the United Stales, or either of them,
as he msy jnilge proper, and such gentlemen as Hsve
been membeia of either House of Congtess:"

The rule was read, and ordered to He on the
Ubie.

Mr. PoiKnirrsR obs^rTed, that at present ijie
courts of the Territories here no jurisdiciioB to
try ofleodera against the laws of ihe United
States. That in the Territory which he had the
honor lo rcpreseoi, and probably in other Terri-
tories, violations of the embargo laws bad taken
place and would again take place; and that as
the law stood tbey might take place with impu-
nity, the Territorial courts having no jurisdiction
to punish the offenders. He therefore moved for
the «rder of the day on the bill for extending jn-

risdieiioD to the Territoriil coarte. The House
refused to take ii up. aye^ 27,

On motion of Mr. W. Alston, the House re-
solved itself into a Committee of the Whole, on
ihe bill making appropriation for the aopport of
Oovernmenl for the year 1809-. The bill having
been gone throogh, an4 the blank* filled wiik
tbe various snms reported by ihe Treasury De-

Esrtmenl, tbe Commiltee rose and reported the
ill, which was ordered to be engrossed for n
third reading.

No division look plaee'on any appropriation
but one of Bve thousand dollars towards eoin-

Kleting ihe Orleans road ; which was opposed by
lesart. Oabdneh, GianiNiER, and Ufbam, nnc
supported by Mrwrs. W. Alston, Eppes. Desha,
Bibb, and J. Q. Jaok«Oii, and carried 62 lo 19.
NAVIGATION LAWS,
"the House then resolved itself into a Com-
miiiaeofthe Whore,43 to 30, oa (he bill reported
by Mr. Daha concerning Bs*t>ciations for the se-
cnri(y of aavigaiion.

[The hill provides, "That in cases wherein tha
armament of merchant. vessels for defence mafr
be allowed by any- law of fhe United Staiei,H
shall be lawful for citizens of the United Statea
(o agree, that any ships or vessels by ihem owned
shall sail in coa<«rt and be associated for mutual
assistance and protection in any voyage or voy-
(fies not contrary to Ian, and during any lime
or times w4iich may be dasigaated by instrumenl
in writing duly executed by the owners or their
authorized agents. The stipulations of the par-
ties eontaiaed in such instrument may exteud lo
the equipment and force of the vessels respect-
ively, the relative auihoriiy of the masters or
comio.sDderi, the appoiD(n)en( of places and time*
of rendezvous and cailiog. (he regulation of sig-
nals, the directioo of (he general course of tha
voyage or voyages, (be orders (o be observed ia
cases of separaiion or danger, and the making
of Brrageroeols for conducting and maoaging the
respective vest^els as may be most eSeciual for
assistance in any case of peril or misfortune, and
for proteeling all or any of them aeainsl forcible
seizure or annoyance: Provided, That no such
agreement or stipulation shall contravene any in-
structions or orders issued according to law by
Ihe President of the United Statea. That Iha
reapeclive ships or vesnels ihsU be holdett fur
the BtipulationG' contained in any su':h instrument
concerning them, and shall accordingly be char-
geable for such compensation or indemnity ai
may be justly required on account of any failure
to perform the same as well as for saliafyiog any
reasonable claim of contribution oO'VCCOUnl of
loss or damage incurred in pursusnce thereof.
The rales of cunlribution to be so made shall be
apportioned to and among ih^ respective vessel^
as (be parties may have eunsentea and declared
by such instrument, or, in failure of such declara-
tion, the apporiionment of (he same shall bead-
justed by Ibe competent court," &c.]

The words in Uatic in ibe above were insaitcd
by amendmenl, on nuMion of Mr. J. 0, JAOKaon.

.yGoogIc

mSTORT OF C0N8KESS.

Abn-Afercouive.

In einlaiuiog the xiperatioD of the prorisions of
this bill-
Mr. DANASSid tliat it didnotproiMEetacbKDge
the Bt*te of oar foreign relations with renpecl to
anf Power whatever; itdecided nothing respecl-
iDg the cases in which merchant veasela might
be pertoilied to arm for their defence, boi pro-
ceeded on the supposition that there might be
casei in which nrmiog the merchKOt Tesaels of
the United States should b« auiborizrd by law.
The object of the bill was to make such arming
efficacious, by Gombiuing different Tessels, that
tbey might act together; the importaace of con-
cert being well known to every person who had
attended to the difficatty of attaining any 4>oiaj'
by individiial and uncDuiiected eflbrts. It was
well known that, for some trades, veueb were
DOW permitted to arm; and if with respect to
the great Powers of the civilized world the Uni-
ted States were to permit their resselt to arm,
the bill would equally apply to associations for
defence agaiuf t them as against any other enemy.
Sucb tssoeintioD might now lake plaCe by com-

Kct where vessels were permitted to arm, which
werer coald be obligatory on the owner only.
The object of the bill was, that the vessels en-
gaged might be pledged for the performance of
the compact.

Some desnltory diseuraion taok place on ._.
details of the bill, in which Messp. Diwa, Lotb,
BDRWEt.i.,D.R.WrLLiAHB, SHiLiEpandBiesnT,
partook. Messni. Eppbb and Bassett appeared
to he opposed lo the principle of the bill, the ob-
jection to which appeared to be that it sanctioned
armaments by individuals larger than, (be Oov-
ernmeot itself chose to support, and that the Gov-
ernment might be deemed in some aorl pledged
to a responsibility for their acts.

The Committee rov and reported the bill,
which was ordered to a third reading, and the
House adjourned.

Satdboay, February 11.
On motion of Mr. Jebehiab Mobbow,
Ordered, That the Message from the President
of the United States, of the 19ih February, 1S08,
communicating an additional report of the pro-
ceeditt^s of the Commissioaerr appointed under
"An act to regnlate the laying out and makings
road from Cumberland, in the State of Maryland,
to the Slate of Ohio," be referred to the commit-
tee appointed, on the Kih of December last, on a
Message from the President of the United Stata
lelaiive to the same object.

A bill from the Senate to incorporate a com-
pany for opening a canalio the City of Washing-
ion was twice read, and, on motion of Mr. Van
HoBK, was ordered to be read a third time to-day —
55 to 29. The bill was read a third lime, and

The bill concerning auoeiatiotii for the lecu-
rity of navigation being about to be read a third
time, was, on motion of Mr. Bppeb, with the assent
ofMr.DAHA, postponed till Monday, on the ground
that it bad not recaved that mature conudetaiion

by the Uoue to which (he iiap«i*atiif^-j
jeet eoliiled it.

The bUl making appropnatioMfbiti,*.-!
of Oovernmenl, for the year ISOil, miuij
time, and passed.

Mr. Love, after a fewprebtorj rtmiii' --
the following resolution, which tu nkr-.
select committee, with leare to ttpvit :.
otherwise:

Bached, That the Ibwe of (be ina)! S«t .
tw regaided u tbe rules of pnesediof oa ;i:l
■nd (iieenlioBs in the Ccotts of tht Ciiiucn.-
cept where the law* of the United Swmcl i
wise provide.

On motion of Mr. jRSEii'BUonDv.vjj
resolved itself into a Comioiitteofl^'':
the bin from the Senate for eiiNiliu -.
of payment for poblic lands. Thtldii^.::
through, it was reported to the Hinw.ii:-v
to a third reading.

On motion of Mr. D. R. WiLuui.iy^
proceeded to consider an addiriMdi;:-
standiog rules and orders of ihc Hossc"
yesterday by Mr. Dana ; aadlheniMii^C
read, was, on the question pot tkrcspiT
to by tbe House, as follows:

" The Speaker may admit viAin lb Hi] c:
didal officers of the Cnited Suiei, u aie ■ -
as he ms; jadgs proper, utd ntk pKlnii •-
bfen niembcra of either HanM o( CMfn*'

A message from tbe Senate infnari^^
that the Senate have passed a l>tll,tN^^ ^
oot to authorize the makiiig itf i>i*''^ |
from Mason's Caaaeway to Aleiuto-'^
they desire the conearreneeef lUtBv

HON-INTERCOCM
Mr. NioBoLAB, from the Com ni*''^
Relations, (Mr. G. W. CamphuU^
from his seat by illneiis,) r^wrtni'*-^*
iog commercial intercaarse betwwS''^
States and Great Britain and FataM'^r
purposes. The bill was twiee r«ii**^
to a Committee of the Whole on Tk^J^
[This bill provides for a repeal tC*"!^
except so far as relates lo Great Britw"-*;
on the 4th day of Marf h anl, wHj';;.
entirely the protisionsof theeffll^f!''"'";
ing the coasting trade, and for a loul "*^
ation from Great Britain atidFrttKti»f -■
on the 20th of May. It also mcI**" '■'- '
waters of tbe United States all arow ">*'''
the 4th of March neiL]

Mom>AT, Febmiry 11
Tbe bill sent from the Sensie, '<"'^*^l
to authorize the making of s wmpiH ""j^.
Mason'sCansewaytoAreMiidri»,"«'«^ .
and committed to the ConmiiiiwWj'^. ^
of Columbia, to consider and itport ib"«"-
House. r.^n"

Mr.MiLi.OEpresentedap«titiM««"l..
holders and proprietors of landm"*" J;. ^-
county of Alexandria, in ilw Tem"^";;;,
biB, which i* situate be tweea tb* •«*

.yGoogIc

HISTORY OF CONGRESS.

FcBROnirT, 1809.

Daniel Ottion— Additional Dutie*.

M. <

■Ddna aad Qeo rgviowa, a tat in ft that they bave
been iDroTmedBoapplieaiion to Congress haa been
lilety made for op^aiDS a new road through the
lands of the petitioners, Mtween the town or Alex -
aodrta anS Oeorgetoirn fenj; and praying that
the prsyer of any petition or petitions Tor that
object may not be granted, — Referred to the Com-
miltee for the District of Columbia.'

On a nation, made by Mr. MABTER8,-that the
House do now adinurn, the qiiestioa was taken
thereupon, aad decided in the negative — yeas S4,

The House resolved itself into a Committee of
the Whole on the brll for ibe disposal of certain
tracts of land in the-Mississippi Territory, claimed
under Spanish grams, reported by the Land Com-
missioners as antedated, and for otber purposes.
The bill was reported without amendment, and
ordered to be engrossed, and read the third time
to-morrow.

The bin sent from the Senate, entitled "An act
to extend the time for makinfc payment forth*
public lands of the United Stales," together with
the amendments agreed to on Saturday last, was
read the third time. Wbereopon, Ine bill, as
amended, was recommitted to a Commiilee of the
Whole to-morrow.

An engrossed bill concerning associations for
the security of navigation was read the third time,
and recommitted to a Coramiilee of the Wbola

The House resolved itself into a Committee of
the Whole on the hill for imposing additional
duties upon all goods, wares, and merchandise,
importeil from any foreign port or place; and, after
aome time' spent therrin, Mr. Speakeh resumed
the Chair, and Mr. M^aTEaa reported that the
Cnnimitiee bad had the said bill under consider-
alton, and, in the courae of the discaasion. the
Committee fonnd themselves witjiout a quorum,
and thereby dis<olred.'

The Houie resolved itself into a Committee of
the Whole on the bill ezlending the right of suf-
frage to the Indiana Territory, and for other pnr-
pore*. The bill was reported with an arftendment ;
which was twice read, and agreed toby the House,

Ordered, That the said bill, with the amend-
ment, be engrossed, and read the third time to-
morrow.

On motion of Mr.'M*niOit,

Ordered, That the bill fbr imposing additional
datl's opon all goodn, wires, and merenandise, im-
ported from any fareiitn port or place, be commit-
ted to > Committee of the Whole to-morrow.
DANIEL COTTON.

The HoOM resolved flaelfintoa Committee of
the Whole on the hill for the relief of Daniel
Cotton. The bill was reported without amend-
ment. The bill we* thru read the third time, and
pBSM-d — yeas 56. nays 36, as follows:

Yais — T.emucI J. Alston, Josaph Barker, John Bnile,
Robert Brown, Guphroditiu Champion, John Cwp»>
per, Samual W. Dana^ J(dm Davenport, jr., Daniel M.
Dnrell, Janei Elliot. William Ely, Willimai Findler,
Junes Fiaki Baiant Qaidentar, Fraad* Oatdoai, Intah

L. OiMn, William Helms, Benjamin Howard, Raaban
HnmphrevB, Dsniel Ildey, Bobcrt Jenkini, Richard M.
Johnson, Walter Jonas, Jsnles Kelly, William Kirkpat-
rick, Joseph Iiewis, jr., Edward St. Los Livermore,
Joaiah Maalera, WilUun McCr«ery, William MUnor.
Niehtdaa R. Uoore, Jeremiah Morrow. Jonathsn O.
Hoaely, Gurilon 8. Mumford, Thomas Newton, Timo-
Ihj Pitkin, jr., Samuel Riker, John Rowan, Lem'l ISaw-
yei, Jamea Sloan, John Smilie, Richard Stanibrd, Clem-
ent Storer, Lewis B. Sturgea, Samuel Taggart, Ben-
jamin Tallmadge, John Thompson, George M. Troup,
Jabei Upham, James I. Van Alen, Philip Van CorU
jundl, Nicholas Van Dyke, Archibald Van Horn, KillUn
K. Van Reniaclaer. Daniel C. Verptanck, Jeaaa Whar-
ton, Ateiander Wilnon, and Nathan Wilson.

NtTs— Willis Alston.jr.. David Bard, Burwell Baa-
sett, William W. Bibb, William Blackledge, Thomas
Btonnl, Adam Boyd, William A. BnrweH. JMeph Csl-
honn, Martin Ohiltenden, Matthew Clay, John Cloplon,
Joseph Desha, Thomas Gholaon,jr., Peteraon Good*
wyn, John Heiater. William Hog-e, Jamea Holland,
David Holmes, Richard Jackaon, John Lambert, Na-
thaniel Macon, Robert Marion, I^niel Montgomei7ijr.
Thomas Newbold, John Pugfa, Jtrfin R«a of Penniyl-
vania, John Rhaa of Tennessee, Matthias Richarila,
Benj'n Bay, Dennis Smalt, Jadeiiiah K. Smith, Henry
Southard, John Tayk>r, Robert Whilriiill, and laaao
WUboor.

Tdbbdat, February 14.

Ad- engrossed bill extending the right of suf-
frage in t^e Ipdiana Territory, and for other pur-
poses, was read the third time, and passed.

An engrossed hill for the disposal of certaiti
tracts of land io the Mississippi Territory, claimed
nnder Spanish grants, reported by the Land Com-
mtssioners as antedated, and for other purposes,
was read the third time. Whereupon, a motion
was made by Mr. ItowAir, that the further con-
sideration thereof be postponed indefinitely. And
the question being laaen thereupon, it was decided
in the negative.

A motion was made by Mr. Ely, that the said
bill be recommitted to the considers lion of a Com-
mittee of the Whole House. And the question
being put iherenpon, it was decided in the nega-

A motion was made by Mr.BiBB, that the fourth
and finh sections of the bill be recommitted to the
Committee on the Public Lands, further to con-
sider the same, and report to the House. And the
question being taken thereupon, it was decided ia
the negative.

tttaolved, That the said bill do pass, and that
the title be, "An act for the disposal of certain
tracts of land, claimed under Spanish grants, re-
ported by the Land Commissioners as antedated,
and for other purposes."

Mr.LiOvB, from the committee appointed on the
11th instant, presented a bill to regulate process
in certain cases, in the Con rie of (he United States;
which was read twice, and committed to a Com-
mittee of the Whole to-morrow.

ADDITIONAL DUTIES.

The House resolved itself into a Committee of
the Whole on the bill for imposing additioul

.yGoogIc

1436

HI8T0BT OP OONGKBSa

1436

H.orR.

AfUituuml Dttlia.

Fauour, 1809.

dMiics oa tl) good*, watM, and merebandiae, iai-
parted ioiu the Uoited SuIn.

[TbU bill proTJdM '-ihalaa additianal duty
of — per centum on 'iha prrmaacDt dudn
BOW impoted by law, upon gooiU, wares, and
inerobandise, impurlpd into the Uniled StalFs
from foreign portt or places, shall be laid, le
and collecipd upon all (^odds, wares, snd
ebaodiEe, which ahall, atier the ihirty-GrHt day
of January, 1809, be imported into ihe United
Biates from any foreign port or pUni' ; and
farlker addition of ten per centum thail be made
to the laid addilionaldutj/. in regpecl Co ail goode,
varet, and merdiaruUte, imported in thipt or
M*wJt not of the United Statea:. and [he iluiie»
imposed by this aaisball be levied and collected
in ihs same manner, aud under ibe aarae regu-
Utiou, iDOde of BtcDriiy, and liae of payment,
leapeciively, as are alrMdy prescribed bv law,
ID relaiioD to the dulUs now in force on itie im-
p<»ratioD of artielea impurlrd from a«y foreigD
port or place. That this act ahall cuaiinueii
force until the Brat day.of April, 1810, and n
longer; ProTided, that the addiiiunal daiie
laid by this act, sliall be collected pn ruch goudi
wares, and merchandise, as shall bare been im
ported preriuus [u the vaid day."!

Mr. W. Alston, in the absence of Mr, O. W.
Campbell, the Chairman of lUe Commiilee o
Ways and Means, moved lu fill the bkak la tin
bill with [he words seveniy-tive, siaung ibal ihi
opiaions of the members uf the Conimiitee liai
varied aa la the propunioo with wbicb (u GU ibi
blanks, socae b«iag for odb hundred, some for
fifty; and aeveniy'Sve had b«ea taken as

The tnoiioD to fill the- blankwiilt " seve
five" was oe^tived, 61 to 37-i and " fifty" agreed
Upon, 59 to 30.

The words in tAi^ic irt the aboTe Were struck
out on moiioD uf Mr. W. Ai^TON.

Tbe words "and alluwancea as to drawback,"
between tbe word "reguUtioas" and '' tnode of,"
w«re iaserted on motion of the aune genilemau,
•ecuriiy, ifc«.

A moiiuu was marie by Mr. Milnor to strike
oat tbe first acctioa of^ tbe bill, wbioh gaye rise
to considerable debate; but was withdrawn by
Mr. M., who moved ibal the Comiaittee rise,
wiib a view'io recommit tbe bilL Motion aeg-
atired.

Id the course of ihe debate, Messrs. Milhoh,
Llotd, TaLLHAtos, Slqah aad aDiHOT,oppoaMl
Ike pruicipU of tbe bill, oa the ground tbat the
House had not before them aay xpecified infur-
maiion on wbicb to act ; that the duties oo im-
ported goods were already very high; that as
incrense ol them would encourage evasioaa of
(be revenue laws, by ibrovii)g out great lempta.
tioo* to smugglers; that tbe bill imposed ad-
ditional duties indiscritoinaiely on all artictra
imported, whilst ibe House, however it might
tax some articles, sboul'd avoid burdening those
artialen used altnost' exclusively by the poorer
classes of the people; that Ibe tax, if raised as
proposed, would e^erate as a Complete prohibition

of the iaporiatioo of some artiales ; that an ad-
ditional duly would increase tbe value of good*
now in tbe bands of monopolisers, and excite dia-
conlent in a part of the co'timunity ; aud, fiualty,
that if ibe measure wa« proper in itself, it wat
nl tbii lime premature, the House not having de-
cided what course of policy il would pursue.

Menars, W. Albton, Fiaic, Smilib, Taylob,
Epphh, tuid Rbba, supported the bill. Tbey re-
marked that those who were opposed to support-
ling tbe Qovernment would undoubtedly vote
against any proposition for raising revenue ; that
besides producing, rerenue, {be bill would en<
courage our own maaufaelures, and thus render
us mure indepeudent of foreign aations; rbal (hta
msasure had been proposed at the last session,
though tioi acted on, and was therefore tkot a
sudden proposiiioD; ibat if tbe proportion pro*
posed were too large, the Commiuee might re-
i'uae it and agree to a smaller ; that it would be
iroposfibla at this laie period of the session to
Corni anew lariffof duties discriminating between
the iticrease of duly on diBerent artielva import-
ed; that, even auppoaing ibeie were a difference
uf opiniua as to tbe mode of layiug tbe dutv, the
time for the Spring iraporiationa was nearly ar-
rived, and by delaying the pas.iage of the bill be-
yond the present aestion the benefits of it would
be lo:<i; that a bill for iinp<«iog discriminating
duties would be wholly different fron) this, and
could not begot through the House during the

Messrs. Lyon, Bacoh, Cook, nnd BaawEt.!^
were in favoi: of llie object of tlie bill, but wished
il to be so amended as to discriminate between
the articles on wbii^h tiie duty was tg be Laid,
excepiinE from il those of the first Gecessil*.

Mr. D. R. WiLLiAUB wished to impose tbe ad-
ditional duly eiclusirely on goods imported from
Enitlaad and Franee; and thus make the in-
crease of duty a measure to operate on foreiea
naiioas as well as to produce revenue to ue
Uoited Siatel.

Tbe bill having bees gone through and a iai>-
lion liaving been made that the Comotitiea report
tbe bill-
Mr. U. R. WiLLiAMB moved to atnend tbe bill
by inaerti ng after i be word* " goods, warn, and
mere band ise," in the begirmiag of the bill, lUa
words "the produce or maDUfaeture of Qreat
Britain rod France, and ibe colooiea of either."
Mr. W. said it would be perceived that this mo-
tion proposed wholly (o chaoga the aspect of the
bill ; and a* il won late in ilie day, he moved that
the Committee rise, to give time for reflection

Tbe Cmnmittee then rtue, reported ptogreas,
and obtained learc to sit again.

Wednesdat, {("ebruary 15.
Mr. Lbwib, from the Gomraitieeon the Dislriet
of CutuintMd. to whom was cominiued, oa the
tbirleenth insiant, a hiU scot Iroid the Senate, en-
titled *'Ad act to authorise the making of a turn-
pike road from Mjuoa'aeoueway to AleiA&dria,"

.yGoogIc

1437

HISTORY OF CONGRESS.

1438

FasiDAiv, 1809

ffan-InterMune,

H. OF R.

reported the bill witboot amendineDt: Wberruf»-
on, ■ moiiou was made hy Mr. Van Hoik thai
the bill be now r«ad the third liroe. And ibe
question beiofi put therupon, ii pitioed iaalie neg-
ative. The bill wai then commiited to ■ Com-
mittee of the whole House to-raorrow.

Mr. WiLUS Alston, from iho Comnitlee of
Wij3 and MeBot, presented a bill further to
ani*nd ihe leveral acii fot tha eiiablishmeal and
resulalion of the Treaaur)', War, and Nary De-
ptrtmeolx, aod makiBfc approprialioiu for the
tuf^rt of the Military Establish meal, and of the
Navr of ibe United Slates, for the year one llioti-
land eight buodrrd and nioei which was read
twice, and commilled to a Committee of the
Whule 00 Friday next.

A mesfoge from the Senate informed the House
thai the Senate have passed the bill, eatiiled "Ad
act making appropriitiops forthesupport of Qov-
eromeoi. duriat; toe jrcarone thousand eight hun-
dred and nine," with an amendment; to which
they di.-sire ihe concurrence of this House. The
Senate have passed a resoluiiou for the appoiat-
meni of a committee, on their part, joinilv, with
adch oommiilee as may be Rppointed on the pBirl
of this Hijuse, to consiider whether a/iy, and, if
any, wliat meaiuires ought to be adopted ^or the
funher accommodation of the President of the
Uiiiled States, fur the lerin commencing the.
fourth day of March next, to re^tt by bill or
otherwise; to which Iliey desire the concurieuce
of this House.

N0N.INTERC0UH3E.

On motion of Mr. FfF(:fioi.&B, the House re-
solved iiselfintoa Committee of the Whole un
the bill for interdicting commercial intercourse
between the United Siaiesand Qreal Britain and
France, and for other purposei.

Mr. MiLNOB .moved in strike out the Grst see-
tiun of the bill, with a view to try tbe principle
of the non intercourse system.. In support of
this motion, he alleged the impossibility of carry-
ing the system into effect ; for beconcetved tbat
Ibe enibargu had been ineffectual from the impos-
aibility of carrying It into complete effect, and the

Kuposed system would be as dISctili to enforce.
ediuugbtthat it woul i beimpoisibleto carry _a
non-iateicour«e system into effect, as longas ves-
aels were perroiiivd to go to sea. He had many
other objections to this bill, among, which were
these : that, altbou^b it raised the embargo only
in pnft, tbe permiKsion to vessels logo out, would
render ibe pruviiiion fur a partial embargo nugato-
ry (iliat, if liie bill were to pass in ils.present shape,
it was 111 be doubted whether any revenue officer
of the United Slates would understand the duly
eojoioed on him by ii ; [liai a lime only two days
previous to tbe meeting of the next Congress was
fixeil upon a:i the d»y on which the non-importa-
tion iihoulil go into operation, and thu^ the bill
appeared to innnifent a diitrusl of that Congreiu,
who ci rlninly would be more competent than the
prenent Congress lo decide un its propriety^t thai
lime ; ihiii a Don -intercourse between theae couu-
tries, would but compel our citizeiu to pay a dou-

ble freight lo and from the enirepAt, without pro-
ducing any other effect than injuring our own
citizens; tliat goods from thesecountries, allhougb
ibeir imporiBlion were inierdicled by law, would
be introduced nevertheless; that the extent of tbe
territory and sencoast of the United Stales was
Ml great tliat all efforts to interdict tbe importa-
tion of goods must be ineffectnai, for they would
be introduced cootraty lo law; thus depriving
the United Stales of Ihe revenue which would
he derived from them, if tbeir importation were
permiiled by law; Rather ihnn accept this sys-
tem, Mr. M. thought it would be belter thai tliit
country should reotain yet longer under the pre»-
sure ot the emi«rgo, which he had no doubt muat
be repealed early in the next session.

Mr. &DIHCY entered at considerable length into
an examination of the system of coercion on for-
eign nations, by means of aommercial reslrictioos.
The idea of the efficacy of this lystem, he traced
lo B deeper root ibnn any Administration under
this QoTernmenl. It was an error of the Ameri-
can people, originating in a period anieeedeot to
ihe Revolution ; it grew out ofour colonial reg-
ulations. It began to he a favorite bel ief with the
people, antecedent to the year 1760, and was then
fostered by the patriots of that day, tbe idea be-
ing also encouraged by the patriots of England.
Mr. Q. entered inlo a comparalive statement of
tbe exports from and imports to Great BrilaiD
from America at two different periods, viz : tbs
nine years preceding the year 1775, and the nine
years succeeding it, with a view loshow tbat the
average imports into Great Brilain from all the
world, during ihe nine years' peace with this
country, amounted to hut about one-tbirteenth
mora than the average imports during tbe same
period of war; and the exports diminished, nearly
in thcsame properlion. From his slBleroeBtsoa
this head and a comparison of the present rela-
tive situation of the two countries, Mr. Q- drew
the inference that ibis supposed means of coere-
ing the European Powers, 'did not exist. He
deemed ii peculiarly unforluoate that a confi-
dence in ihie power of coercion had po loag e^
itted.as it had prerented the United Stales from
meJcing preparations which they otherwise might
hare made. He hoped the idea would now cease.
In relalioo lo our present situation, he recom-
mended a plain remedy, comprised in two words :
" Follow nature." What did she first dictate for
leroedying any complaint 7 The remoxJ of all
obstructions on her operatioDa. Mr, d., there-
fore, recommeu'led the removal of the embargo^
the repeal of the non-importation act. and lira
abaadonnienl of the noO' intercourse system. He
wished "peace, if possible; il war, union in that
war ;" for ibis reason, be wished a negotiation lo
bfi opened unshackled with those irapedimenu to
it which now existed. As longas they remained,
the people in tbe portion of couotry whence he
came, would not deem an unsuccessful altemptaC
aegotiation to be cause for war; if they were
moved, and an earikestattemptai negotiation waa
made, unimpeded with these restrictions, and
should not meet .with bucccm, thef would joia

.yGoogIc

1439

mSTORT OP CONaRESa

H. orB

Nan-lntereottr*e.

FsBBUAav, 160ft

Ttitj would not. however, go
10 war 10 conte»[ the right* of Oreit Britiia to
March American T^siela for British seBmen; for
it was a generHl opinioo with them that if Amer-
ican teamen were encouraged, there would be no
OCCBsioQ for [tie eroplnyment of foreign Hameo.
A remoTal of the embargo, wilhcul adopting bd^
Other measure, until the event of oegotiaiion hsd
been tried, Mr. Q^ said, woold, first, prevent any
collision with the belligereniB which might lend
to em bam 99 negoiialion ; and, secondly, would
give an opportunity to the country to ascertain
what would be the praciieal operation of these
orders and decrees, on our commerce; and give
an opportunity to ibe neit Congress to shape its
measures according to their netuxl effect. If
commerce did not suffer, the knowledge of this
fact would supersede the necessity of any other
measure, and peace would follow of course ; if,
on the conirary, a general sweep was made of all
the property tfloat, it would unite all parties in
a war. Mr. Q, concluded a apeech of two hours
in length, by lamenting the state of the country,
and invoking the spirit which " rides the whirl
wind and directs the storm," to guide the cation
to a happy result.

Mr. Niciloi.AB replied lo the observations of
Mr. ^Dincxon the subject of the legal ofipositioo
to the embargo laws in Massachusett). He said,
if the laws of the nation were to be resiMed in
the manner in which he lamented to nay that he
saw it contemplited in one. part of the communi-
ty, it became the duty of this Legislature to meet
it; it was not compatible with their duly to
abriokfrom it. He could not consent that thir-
teen or fourleeti States should submit to one. As
men vetted with certain powern by the Canitliu-
tjon. Congress could not transfer the powers to
any State Legislature, or to, any town. In rela-
Iton to neftotiating wiih measures of coercion in
»isteDce, Mr. N. asked, when did the violations
of our rights commence? So long ago that ihr
precise time could not be fixed. When did our
coercive measures commence? In 1806. Mr.
N. noticed the negotiators duHng whose Ministry
abroad these injuries had commenced, and con-
tinued. Mr. King, Mr. Monroe, and Mr. Pjnk-
ney. all honorable men, had successively repre-
aeoled the United States in Great Britain. And
could anything be gathered from anything they
had ever written or said, to induce a belief th >t
this Government had not acted with sincerilvf
There was the most conclurive evidence to the
contrary. Mr. N. said, he would ask nothing of
Oreat Britain or Frnjice that would tend lo xae-
rifice their honor; and he wished, ;when gentle-
men dwelt so much on the regard of lorfign
oaiions for their national character, that they
would respect a little the characierof our own

Mr. D. R. WiLLUNB said, he had been decid-
edly in favor of issntng letters of ma'que and-^e-
priMl at once; he believed it would have cut off
all that fungus matter now deteriorating thebody
politic — for the people of New England were ait
patriotic as any, and wbea the choica was between

their own and a foreign coantry, ihey would elio^
to their own. It was the hotbed politicians wito
stirred them up; and it was necessary to do some-
thing promptly lo put an end to their intrigues.
Mr. W. disliked the non^iotercoune system
throughout. If he enutd not get war, or a con-
tinuance of the embargo, he wished, inasmuch as
Oest Britain and France bad each interdicted tM
from going to the other, to declare that neither
their armed nor unarmed ships should contami-
nate our wBiars. This was a system which re-
quired no eiertioD of patriotism to carry into
effect, which conld eiciie.no animosities between
the North and South. In relation to the doo-jd-
tereourse, he believed that it could not be enforc-
ed, and used a variety of arguments tn show that
it could not If it could be enforced, he believed
it would be prodigiously pdrtial. If the embar-
go was to be taken o£ and war not to be sub-
stituted ; if the nation was to submit, be wished
to do it profitably. If the embargo were raised
as to a single spot, it was raised entirely to all
effectu*! purposes. Then, let your vessels go,
said he, without let or hindrance; let them go
and be burnt ; your merchants will then feel that
the embarso was a shield spread over them, and
will come oack to your protection, like the prodi-
gal son, and unite like brethren in the common
cause.' Mr. W. said, bis plan was t6iBKrdiet the
entrance of our ports to belligerent vessels, armed
or unarmed, and lay a tax of fifty per ceainm on
their manufactures. Qreat Britain must, tbea,
either go to war or Ireal with ns. If she was in-
clined to go to war in preference to revoking her
Orders in Council, let her do so. But he was
inclined to believe that she would treat. If she
B«ized our vessels, however, the effect would be
inevitable. Division amongst us would be done
away, all would unite heart and hand in war.
Mr. W. replied to a number of the observations
of Mr, dinNCT, particularly in relation to his pH>-
sition that all obstraeiions dught lo be removed
with a view to negotiation. He asked, what se-
curity had the United Slates, if they did all this,
if they submitted to such abject hnmiliaiioo, that
Oreat Britain would treat 1 Was it to beexpect-
ed thiit she would treat more liberally with ns,
when we soliciiedasstaves, than she would while
we magnanimously contended for oar rightsl
The {^nileman from Massachusetts, when repeat-
ing his creed, had forgotten a part, viz : " Unfurl
the banners of ibe Republic against the imperial
standard!" This would complete a project be
had lately seen proposed from the East ; and, aa
to its application, coinciding with the wishes over
the water, would be just such a project as Mr.
Canning might dictate. "Revoke y oar procla-
mation, remove the embargo," and "unfurl the
republican banners against the imperial standard."
Mr. W. concluded a speech of an hour and a half
in length, with giving notice that be should move
to amend the bill, when the present motion was
decided^ by striking out all that part of it relating
to non-iutercoarse, and inteHiog a provision in-
lerdiciing the eotraoee of our harbors to aoy ves-
sel of Oteat Britain and Fnnee, and imposiDg

.yGoogIc

1441

HISTORY OF CONGBfiSS.

Februaht, 18D0.

Addilwnal Dutiei.

H.orB.

an addilioDat duly od all gofxls imported ftam
tbOK couDlries.

Whea Mr. W. coacluded, the Caatini(t«e
and obtaioed leave to til again.

The Senate's ani«ndmeDt to ihe bill makiog
appropriaiioDi for the aupport of OoTeroraeiii
during the fear 1809, waa comntitted to a Cow-
uitiM of the Whole, wbo reported their agree-
meal to the taina, and it wu concarred in by ihe

Thubsiut, Pebfttarr 16.

The Honm proceeded to consider the resoln
tion of the Seoate, of the fifteenth insiani, for
the appoiotmeat of a committee on their part,
joinilr, wiihsuch commiiteeasmaf beappoioted
on the part of thia Hoase, " to consider whether
■n)', and, if anf, what, measures ou^hl to be
adopted for the further accoramodaiian of the
President of the United Stales, for the term eom-
mencing the foiirih day of March neit, to report
by bill, or otherwise:" Wherenpoa

Retolved, That this Honse do agree to the said
resolution ; and that Mr. Bassett, Mr. Datid R.
Williams, Mr. Damiel MoirrooMERT, jun., Mr,
STUBOEa, and Mr. Vam Ales, be appointed a
committee on the part of this House, pursuant

Mr. Jeremiah Morbow, from the committee
appointed on the fourteenth of December last,

E resented a bill io addition to'ihe "Act to regu-
iie the laying out and making a road from Cum-
berland in the State of Maryland to the State of
Ohio;" which was read twice, and comraittc '
a Comtnttiee of the Whole on Monday next.
ADDITIONAL DUTIES.
The Hotue resolred itself into a Committee of
the Wbole, on the bill for imposing additional
daties on all the goods, wares, and merchaodise,
imported into theUnited States.

The bill was amended *o as to lake effect "from
and after the passage tbareof."

The proposition offered by Mr. D. R. Wil-
UAMB when the hill waa before under considera-
lion was witUrawn.

Mr. Cook renewed the propoaitioo, tIz: to
confine the duties to be inereaned, to goods im-
ported from Or«at Britain and France, aad the
colonies of either ; *nd spoke an Jiour aod a lialf
in support of his motion, and in opposition to the
noo-interaoorae system. He was in favor of dis
criminating duties, because he was oppoaed to the
Doo-in tare corse, which he considered the best
means of depnasing our navigalicg inlercst and
advancing -that of firiiain ; because the produce
of the United Btaies would be carried Io some
place of depAt in the vicinity, and thence be car-
ried to Europe in British bottoms, wtiile a large
proportion of American ahippiog would be inac-
tive. He thought that, under the arming system,
we could trude wiih at least as much honor and
with much more profit than ncder the non-iBler-
eonrae system. He contended that the non-inter-
co«rae system was pteeiseiy calaalated to destroy
that moral principle which had heretofore id
10th Con. Sd Sxas. — 46

atrioilv enforeed our revenue laws; that the sys-
tem of restriction was partial, operating so equal-
ly on the people of the South, thai no individn-
ala parlicuiarly suffered from it, while in the
North and East individuals were ruined by it,
and thus a general distress produced; that il
would be the most diicouraging act to the mer-
cantile interest, ever passed By the Qoveroment,
for it would throw the trade in all the prodnee
kept in the country hy the embargo into foreign
hands at the expense of the AmencaQ metcbani ;
tkat the system could not be enforced with so ez>
tensive a fioniier and seaeoast as we possess;
that it was a measure calculated lo produce irri-
tation on foreign oaliooi, without having the least
coercive effect; thai it was a political suicide,
without the cooadation of company in il. Mr.
O. was, with his coosiiiarnis, in favor of further
negotiation, and a firm assertion of our rights,
which, if refused to be acknowledged, he would
maintain. It was high time to abandon visionary
schemes and impracticable projAla, and lo pass
good, plain, common sense laws. iHe believed
that this discrimination of duties andjirmtag our
merchant vessels would be such a law. He spoke
more than an hour and a half.

motion was aegatived by a very large
majority. The Committee then rose, end report-
ed ^he bill.

The amendments made in Committee of the
Whole were severally agreed to by the House;
and, on the question that the bill he engrossed far
a third reading. Mr. Liverhorb ctilled for the
yeas and Diys. There were for it SS, aguinst it
lb, as follows:

YsAS— Willis Atilon, jr, David Bard, Joseph Bar-
ker, BurwsU Bassett, William W. Bibb, William
BlacklsdRs, John Blske, jun., Thomas Bhrnul, John
Boyls, Kotiart Brown, Wiltism A. Burwell, William
BatUr, Joseph Oslbonn, Ooorge W. Camplwl], Mat-
thaw Clay, John Clopton, Riofaard Cutto, J^n Daw-
son, Joaiah Dcane, Joseph D«ba, Danial M. DutaU,
John W. Eppea, William Findley, James Fisk, Me-
aha^ Franklin, Jamw M. Garoett, Thomas Gholson,
jr., relaisoa Ooodwyn, Isaiah L. Orsen, John Heis-
tsr, William Helms, Jam« HoUand, David Uolmea,
Henbau Hnmphrajs, Daniel Ilsley, John Q. Jackson,
Hichsrd M. Johnson, Walter Jones, Thomas Kenan,
John Lambert, Jabn Love, Rubert Mirioa, Josiah Haf-
ters, William McCreery, DsDiel Montgomery, jun.,
John Montgomery, Kichoiss R. Moore, Jeremidi Mor-
ron, John Morrow. Gurdoo 8. Mumfonl, Thomas New-
bold, Thomas Nawton, Wilson C. Nicholaa, John
Portsr, John Pugh, John Res of PenDBylTsnia, John
Rhea of TennsMee, Jacob Richards, Matthiis Rich-
ards, Samnet Riker, Lsmnel Hawyer, Benjamin Say,
Ebeoeier 8ea<er, Samuel Shaw, James Sloan, Dsnnis
Smelt, John Smilie, Jede£sh K. Smith, John Smitt,
Samuel Smith, Henry SouUtard, Richstd Stanford,
CleUEnt StorsT, Peter • Swart, John Taylor, JsMb
TbampaoB, Abnm Trigg, George H. Troup, James I.
•■ I Alen, Daniel C.Verplanek.Jassa Wharton, Bob-
Whitshill, lasae Wilboor, Nathan Wilson, and
Richard Winn.
Nat>— BiiUel Baeon, Martin Chittenden, Oreh^
Dok, JiAn Cnlpeper, John Dal '~ '

Elliot, William £ly, Francis C

.yGoogIc

1443

mSTORT OF CONGRESS.

Pebbrabt, 1809.

WiUUm Hoge, HclMfd Ja^nn, Satmt Jcnkini,
Ju>M Ktl\j, Philip B. Kay, Edward Bl- X-ot Ltier-
norr, Ednsrd Uoyd, Mattbeir Ljoa, Joaiih ijuinej,
John RuMall, William Btedman, Lenii 8. Sturgn,
Samii*! Taggart, Benjamin 'Jillmadge, Jabn Upbam,
Philip Van Conlandt, Aichibald Van aoin, and KU-
Han K. Van Bcnasclaer.

Ordered, Thii the laid bill be read (he third
time ihit day.

NON-INTERCOURSE.

Tb« Home again reaolved itself into a Com-
mittee or the Whole, od the bill for ioterdicliDg
eommercial iniercoorie.

Mr. MiLHOR'a motion for iirikiog out the fint
acetioD betDg attdereDDtideraiioD —

Mr. NicHOLAB n»f mod addretied the Chair as
rollows:

Hr. GhalfOMn ; 1 shall not conceal or disguise
nr opinion ; it haa been aod eoDtinupi lo be, that
vaen the embargo afaall cease, war will be the
only proper and honorable course fcir (his country
to pursue, if reparacion shall not have been made
toi the iDJariEs we baTB received. Under ihia
eoaviciioD, I proposed a resoluiion limiting the
juration of ibe embargo, and auihurizing, at

expressing the deep regret and afflicdun 1 feel for
the failure of a measure so imporuni in my

I'udgment, to the best interests of my couolry.
TQied for the embargo as a precautionary and
aa a coercive measure. In its firai character, its
wisdom must be admitted by all. Its effects as a
coercive measure would, I believe, have been
equally ceriaio, if the misconduct ol some of our
own people, and the revoluiiun in Spam, had doi
impeded its acEion. Unless we were determined
to persevere iu oor eUiins for redress, and lo as-
MTi our rights, the embargo, even as a measure
of precaution, was unneceisary. ll gave ou pre-
lection (0 OUT propetty abroad, it gmvt it nu secur-
ily on its way home, it only preserved it after its
raturn. When th^injarirsorwhieh we com plain
were inflicted, our cnoire was between submis
aion and resistance. We determined to resist,
mod commenced oar resistance by layinz an em
bargo, with the hope that it might of itself induce
the belligerents to do us juslrce; and if this ei-
peclalton were disappoinied, that we might pre-
pare for war, by prexerviog in our own possession
our eoeotial resuurcei' — men and money. If re-
sistance was not our dtitermi nation, Ido nol hesi-
tate to say, that the embargo was unwise and
nnnecessary. If we iriieniled uliimstely to aban-
don our rights wilhoul another effurt, We should
Itave suffered less both in reputsiion and in pro-
perty, by immediate KUbmis.<iun, than by now re-
ceding from the ground we have taken. I do
not believe that a singfe supporter of tiieerabargo
looked to it is the last resort of this coaniry. For
myself, 1 disclaim the impreshinn, and declare
■hat I was ready lo abandon it for wsr, when its
primary object* should i>e attained, and its eo-
ercive power fairly tested. I have stated thai 1
considered the return of our ciiizeni, the secntttf

of OUT properly, tod the employment of lime in
preparation for war, as the ereat and more certain
effects of the embargo. All these adi^ntages we
bare derived from it. I believe it is time to
change our measures, and to place our future re-
liance upon Providence, and upon the energies
and valur of our citizens. Upon this point, hoW'
ever, I think with a minority. There has been a
voteoflbts Houseagainat immediaiewar. Under
these circumstances vhat ought I to do? 1 most
either vote against every expedient which falls
short of what i deem the most proper course, or
assent to ifaat which accords most with whal I
think right. If it were my individual concern, I
should certainly rely upon my own judgment:
but when everything dear to -my oouotry is at
(take, 1 CBonot juiiifjr to mvself a pertiiiaciDiu
adherence to a proposition already rejected by a
great msjority, which would hazard the loss ofa
measure, the b«sl, in my opinion, that can be ob-
tained. >\fter having offered what Itboughtlhe
best, and seen it rejected, I ihi|>k With the gentle-
man from South Carolina, ihal 1 atn at liberty,
and that it is my duty, to unite with others in
support of attainable measures which appear to
me to be conducive lo the interest of Ike country.
The bill upon your table appears to me to be snch
a meaenre. It maintains our altitude towards
the belligereuts better than any measure which I
have heard proposed, and if it be not the most
effectual resistance, ai least, it is not Eobmission.
It continues our solemn protetii against ibetr vio-
laiioBs of our rights ; it takes tjew, and in some
respects, stronger grounds against them. It ex-
cludes from our wacera, ports, and harbors, all
tbeir vessels, public and prirale ; it excludes from
our country all their products and manufaciures;
and forbida our citizens To debate and degrade
their country by a commercMl-inlereoane which
would staio and pollute them with the |wyment
ofan ignominious tribute to a foreign nation. It
reserves the great question to be decided bv the
next Congress, which will be informed of the
wi-ihes of the American people ; who can best
determine hnw far they will submit to have ibeir
rights trampled on, at the will and pleasure of
fureign nations. By keeping the queation open
for their discussion, I have the utmost conSdenca
that oor rights, honor, aad independence, will be
maiotained. The gentleman from Pennsylvania
asked yeBterda)r, why not repeal ihe embargo
laws, and provide for the enforcement of this

great, weight. We are told that one of the Stale*
of thill Union fa about to pass a law, impo»ng
penalties on persons emjdoyed la the exeentioa
of those laws, Within that State. 1 will nerei
consent, under these circamsiances, to adofM any
measure whioh trright wear the axpeei of yielding
to a threat like Ihis. No man laments more sia-
eerely ihanl da tbai theLegialatareof any Sute
fhoulJ take such a step, but i think it of the ut-
most imporianee that the GbvernQtent of the
United Slates should maintain its authority, and
that it should be Bscerlained whether ita meaa-

.yGooglc

1445

HISTORY OF CONOEBSS.

FSBRDtRV, ]

ffon-hlercount.

rR.

ares maj' ai any time be erobarruiiFd by the Le-

rtslaiares of one or more Scales, or i(s laws aa-
nalled by iheir authority. ' Sucb could not, I
believe, have been the inlpre^si□Q eiiber of the
people or of the Stales when the General Gor-
ernmeul was (artaed ; and if this cooducl be per-
serered in or subiuitled to, it will, in eSeet, super-
leJetbcGoTernmeDijand must speedily lerniianle
in lis dissolution. I hope and irust that the wis-
dora and pnlriolUm'orihe Legislature of Macsa-
ahuseiis will tiot permit such a law to be enacted.
Otherwise, I do not doubt that the people al the
Spring eleciions, will choose men solicitous to
beal, by every means within their power, the
wounds inflicted on tbe Constitution. It is a
painful duly lo nolice this subject.. I bare erer
Men devoted to the Union of iha States. I wonld
cberishandfuppori it at every hazard, and would
cacrifice to its preterration everything but the
righia and libertiea of one section, in compliance
lo the wiahe* of another. On such conditions it
would be vamalage, not union. To yield in the
prea«ni instance, would be yielding the Ga?erD'
mentloa minority. It is not practicable, how-
bject during the present

oIk

1 Li

itiie

fldence in ihe penple orMassaebu^eti!<, and have
DO doubl bul that their good seifse will apply the
proper corrective. If they do not, it will then re-
main fur the other Slates, after giving to the sub-
ject the solemn and deliberate consideration which
It merits, lo decide whether they have a Govern-
ment or not, whether it is compatible with their
happiness and interests to preserve a Qovernmeni
whose acts are binding on them only who are
willing to obey them ; whether they will submit
that the public oScera of the United StaieH shall
be puniabedfor ihefaiiiifiit peifurmaiice) of their
daty.

I have flonfiaed my observations within a* nar-
row limila aa fwciihl& It is not now necessary
lo speak of our injuriei, of the necessity of resist-
ance, nor even of the superior advantages of any
particular mode of resistance ; for it ia, { believe,
K very prevalent opinion in this House, as well as
with the nation, (hat we have already deliberated
enough, and thai it is incumbent on us to acL I
will, therefore, very briefly nulice some objections
I have iieard lo the bill It is grged that our
products will find their way to Oreat Britain and
France, but certainly lo Great Britain, by circu-
itoua routes, and that we shall derive leis profit
from ibem on that account, than if a direct inier-
cotirse were permitted. This cannot he denied,
nor is there a roan who would not prefer a free
trade with the whole world, if it could be enjoyed
upon equal and honorable terms, to a commerce
so limited and shackled as ours Is at this lime by
the bell gerent edicts. The question is not how
we can most advaplageoudlv avail oursetvea oFa
■nomeDiary commerce, bul now we can assert the
national sovereifintf, and beatsecuretbe permanent
interests of Ihe United States. No gentleman, I
presDrne, will contend that it is betierforas to per-
mit a disgraceful intercourse wiih any nation,
tbsa to endure a temporary priratioa, until we.

can trade on fair and honorable terms. Oenile-
men cannot delude themselves with any expecta-
tion of advantage from the commerce now allow-
ed lo us. 'The two most valuable .products of this
country must ruin and beggar those interested in
their culture— I mean cotton and tobacco. It is
well known that the quantity of tobacco annually
produced, is fully equal lo tne annual consump'
tion, and that we have now two crop* on hana;
while the edicts of Great Britain and France are
continued, it would be folly to cultivate this
plant, and it is more or lesi Icue of every other
product of our soil. If we wereatwar with these
nations, our products would reach them through
the same circuitous channels into which they
will.be forced by this law, but certainly that con-
sideration would not be deemed a good argument
for pertmtting direct intercourse with our enemies.
As to the difficulty of excluding ibeir products
and manufactures, it is very possible that we may
not be able to do it entirely, but I am satisfied
thatwe shall do it essentially. The great avenue
through which British goods can be most easily
smuggled into this country is Canada, and that,!
doubt not, will soon be closed if the edicts be not
rescinded. The present state of things cannot
long continue; I have no hesitation in saying that
it ought not, and that the next Congress must
eilber abandon the contest, or resort to more ef-
fvctual means for the maintenance of onr rights
than commercial restrictions and prohLbiiiona.
The ganileman fcom South Carolina, whose elo-
quetice 1 admire, and whose patriotism I honor,
speaks of this measure as submission, and con-
siders thai which he proposed as resistance — not
indeed as the measure of his choice, but as the
one which is the oeii to it in his estimation. U
most be obvious lo the House, and 1 am sure it
will be equally so to the gentleman himself, that
if his system would be resistaace, the course indi-
cated by the bill has iu that view superior merit.
The gentleman ackoowledges the principal ad-
vamage of his plan to consist in this, that it
would deprive British veesels of the transport of
our produce ; if it can be shown that ibis object
will be accomplished more efiecinaliy by the bill
in its present form than by the proposed alleratioD,
it is fair to expect for it bis support. If his plan
were adopted, Great Britain would regain her full
share of the transport of our produce by augment*
ing the duties in favor of her own bottoms to aa
amount that would be an indemnity for a abort
voyage, by opening the port of Halifax, and
another port at Si. Mary's, to our vessels, and all
jhai would then remain to our own vessels would
bathe proGlsof the coasting trade frnm our harbor*
to those ports of deposite. If I believed this course
the mosi honorable and efleclual mode of resist-
ing, I wonld willingly embrace it ; but. sir, i can
never coni'ent to any plan by which a direct com-
merciatinteTcourse is to be produced beiweeo this
couatry and Great Britain and France, while
Iheir edicts continue in force. Nor'wilt I evet
abandon ihc hope and belief that myconntrymea
poweaa the manly spirit of independence, the hon-
orable pride and character which wilt diMtaio to

.yGoogIc

HISTORY OF C0NQEE8S.

Additional DuUm—Non-lntereoune.

FEiRBtiiT, 1800.

barter for gold^ or Tot a miwrable fragnieDt of cc

ThequeatioD <ra« ukea od *iriliigf|'Dut the first
Mction or ilie bill and negaiirFd — yeaa Zi.

The House ptoaeeded io the eoaiideration ofthe
bill. The period arter which the eoiranee ofret-
m1i ibould be prohtbiied into our waters beiag
iiDdereoDsiderBiioD —

Mr. NfCHOLAi MrDedtheSOthorHaf. Aithe
TCtsels coming' in after the time fixed on were to
be subject to coDdemDatioD, he thought it would
be to ineboDorof thenaltoa togire reasonable no-
tice of the regulation. .

Mr. Lton named the first of June, as being after
the next meeting of Congress.

Mr. Fisx hoped neither dav would be agr«ed
to. He was not for giving to England aof longer
notioe of oar regoiationi than she gave of the
Orders in Council, viz; from the llih of No-
Tember to the 13th of Janaary. H« therefore
named the SOlh day of April.

The question on the first dar of June was neg-
atived—59 to 41.

The 30th of May^ was agreed to— 80 (o 24.

The fourth sectioo having been read (prohib-

' 'i'reneh or British goods,)

inoTed 10 strike it out,

leu of it a proviiion for imposing a

Sdutjr of 50 per cent, on all former
a, &.C., imported from Great Britain
or Franceor theealonipsof either, Mr. W.made
> number of remarks in support of hisSnoiion.
Hi« motion was prediosted on a total repeal of
the embargo. He said, to hts extreme mortifica-
tion (fnr he had noteipeeiedil) behidjnsc learned
that the Ooremor of the State of Conneetictll had
refused to execute the injnnctioniof the President
made in pursuance ofalawof the United Stales.
If the embargo could not be exeoated, he con-
tended (hat certainly a non-inter course eonid not.

Mr. DAMAinquiredofthe gentleman from South
Carolina in what particular instance the Qotemor
of Connecticut had refused to execute the diree-
tions ofthe President?

Mr. D. R. WtLLiAtra replied that heb«d heard
that he bad refused to comply with the letter from
the Secretary at War, written in conformity with
the order of the President of the United States,
requesting the Ooremors of the States to appoint
an officer to superintend the militia, who wa* to
b« called upon to assist in the execution of the
embamo laws. The Governor, he understood, bed
refaied to execute it.

Mr, Dana said he had inquired^ beciQte he
wished to know, whether the Governor bad re-
foied todoanyaet which the lam or Constituiioa
of the United States ^ave the President power to
require of him. If id a case where neither the
law or CoDsiiiuiion authorized it, the President
of the United States had applied to the Governor
as a gpDtlerasn of rank or authority in the coun-
try, requesting him to do anyact, it was certainly
at his option to do it or not, as be chose.

The Committee rose, on motion of Mr. Tatloa,
and obiuned leave to sit again.

ADDITIONAL DUTIES.

An engrossed bill for imposing additional duties
upon all goods, wares, and merchaodise, imparted
fnim any foreign port or place, was rend the third
time : Whereupon, the question was stated from
the Chair, that the same do pass T

It was opposed by Messrs. Dana, Macoh, Tax
HoRit, LvoN, Cook, Milhor, and Sloan, and
supported by Messrs. W. Alston and J. O. Jack-
soH. It was passed by yeas and nays— 67 to 26^
as follows :

Btake, jr., Thomss Blount, Adsta Boyd, John Bojie,
WUUsn A. Bnrwell, Willitm Butler, Mstchew Cla^,
John Clopton, Jon^ Deane. Joaspb Desha, Daniel
M. DursU, John W. Eppes, William Pindley. lamw
Fisk, Meshaek PrsnUin, ThomuObolaon, jr., Peteraan
Geodwyn, Isaiih L. Oreen. John Hsiiler, Williin
Helms, James Holland, David HiHiiie*, Benjamin H<iw
■rd, John G. Jackson, Rigbard H. J^duum, Walter
Jonaa, William Kiriipatntk, John LMnbert, RtAart
Mariae, Dsaial Hontgameiy, jr., John Montgoainy,
Nicholas R, Moore, Thomas Moore, Jeramiab Monvir,
John Momw, Gurdon 8, HnmGiTd, Tbomaa NewliM,
Wilson C. Nicbolas, John Portei, iohn Pash, John
Rea of Pennaykaiii*, John Rliea of TsDueawc, Jaccb
Richards, Matltiias Richards, Samuel Riker, Bcnjunin
Ssy, Ebeneiei Seaver, Samoel Shaw, John Smilie,
Jsdediih K. Smith, Samuel Smith, Henry Southard,
John Tajlor, Juhn Thompuia, Jamea I. Van Afen,
Daniel C. Verplaiiek, Je»e Wharton, Robert White-
bill, Iiasc Wilbour, Alaiander Wilson, Nstbin Wikon.
And Richard Winn.

NiTs—Exekiel Bacon, Msrlln Chittenden, Orchsrd
Cook, John Culpeper, Samuel W. Dana, Jabn Da-
venport, Jr., Jamea Elliot, William Ely, Batent Gai-
denier, Francis Gardner, James M. Oamett, Jokn
Harris, WiUiaai Hn^, Richard Jackwrn, Robert Jen-
kins. Edward St. Loo LIvermors, Matthew Ljon, Na-
dianiel Haeon, William MHdm, Jodah (^nincy, John
RbsbsU, Jawes Shnn, Richard St«ifoid, Philip Van
Cortlandt, Ardubald Van Horn, and Kiilian K. Vh

/tetetved. That the title be, " An net for JD'
pwiw additional dntiea upon ail goods, wires, and
merchandise, ImjMrieth flrotn any forctga port or
phsee."

Fit DAT, Pebroary 17.

Mr. ITewton, from llie Committee of Com-
merce and Maouractures, presented a bill supple-
mental to theaci, entitled "Ad act far establishing
trading house* with the Indian tribes;" wbien
was read twice and committed Io r Committee
ofthe Whole to-morrow.

A message from the Senate informed the House
that the Senate have passed the bill, entitled "An
act authorizing an augmeniaiion of the marine
corps;" to which they desire the concurrence of
this Mouse. ~ -

NON-INTERCOURSE.

The Honse wain reM>lveit itself into « Con-
roitiee o[ the Whole on the bill interdieiii^ eoao-
marcial iniercanrte.

Mr. D. R. WiLLiiHi>> RKitioD of yMterday be-

.yGooglc

HISTORY OF CONGRESB.

1450

PCBBDABY, 1609.

Sm-InUrcouraM

H. <

'R.

iogjei aader eODiideraiioD,Tiz: to strike out ihe
fourth section of ihe bill nnd insert in lieu of it «
provision fur laying a discriminating dnty of 50
per cent, on all former duties on goods imported
from Great Britain and France —

Hr. LoTB called for ■ dirision of the question,
so as to take it first on striking out the section.

Mr. Love offered a number of arguments in op-
position to the motion of Mr. Williams. He
wished to retaliate the belligerent syilemi as
mDch as poasible, by repealing drawbacks- on
goods imported from ihosecountries; for although
we cannot Uy expnrt duties, the repeal of draw-
backs would have the same operation. As a per-
manent peace system he had no objection to adopt
some such ftforision as that proposed by Mr.
Williams, bat as a substitute for hod- intercourse
he conid not accept iK

Mr. Tatlor next spoke for near an hour in
EupporE of Mr. Wiluahs'b Bmendmeni. H« bad
been decisively in favor of issuing letters of
marque and reprisal immediately on a removal of
the embargo. He was totally opposed to the pres-
ent bill. The House had been charged with pass-
ing too msny supplementary (embargo) laws for
the purpose of resisting foreign aggression ; Ibis
bill, Mr. T. said, might be considered '^a supple-
mentary bill for canyiag into effect ihe British
Orders m Council" — for it ^ve the monopoly of
oor commerce to the British nation, under the
name of an interdiction of all commerce with her.
Thishowever cooldnot beiheobiectof iheamHnd-
ment under consideration, which he Itked belter
than ih'e bill, though hedid not pledgee himself to
vote for either. Mr. T.gave notice, in the course
of his speech, tbnt when this bill came inio the
House (now in Committee) he should move a pro-
position far immediately issuing letters of marque
and reprisal against Great Britain, in order to
enter his vole at least in favor ofii.

Mr. Bibb next took the floor. He accordedper-
feetly with the lentimeots expressed by Mr. Tat-
LOR. He looked at the bill on tlie table with hu-
miliation and astonishment; for he considered ll
ssinToWiagasnbmissioa to the belligerent edicts.
He was in favor of a further continoanee of the
embargo, at least until June. If the embargo was
repealed he was for war ; and in that war he had
BO id«a of entering into a triple contest— an Idea
which he ttealed as absurd. He was for choos-
■Dg his enemv, and felt no hesitation in saying,
thai be should be for dedariog war against that
enemy whom we could reach, and who had in
jured us most. He thought that the people of ihi
Uaited Siatee ought to hurl from their seats ii
this House, every man who had originally voted
for the embargo, and should now vote for a re-
moval of it without any efficient sabstituta — and
he believed they would do it. Although opposed
to any half-way measure, he preferred Ibeamettd
ment under consideration to the original bill, and
(houtd therefore vote for it.

Mr. Taotjp said, that the sentiments which had
fallen from the two gentlemen last up were io
perfect coincidence with bis own. He was wholly
i^poMil 10 the bill, and gave reasons for that op-

iied upon Mr. QoinOY's
projet of yesterday. The gentleman really ap-
pears to be gifted with the spirit of prophecy, said
Mr. T. — an excellent modern prophet. Modern
prophets are distinguished from the ancients, sir,
only as being instrumental in verifying iheir own
predictions. The gentleman told you some time
ago that you could not stand to your embargo — I
believe he went so far as to say that you dare not;
be threatened you with rebellion if you did. Well,
sir) it seems you cannot stand to it. When he
was last np (yesterday,) be gave you a jmget; tin

s ; but reeoUecl the embellishment of the " black
;loud" and the ''tempest" which accompanied it,
md it will become imperative. If be talks much
more about his " black cloud," sir, I am afraid you

'" come into all his measures, repeal all yon
done, and make humble supplication at the
footstool of His Britannic Majesty for peace. In
another pari of his observations. Mr. T. said.
What is your situation now, sir 1 No man could
say (I with more regrei or more pain than myself,
but I do it from a sense of high and indispensable
duly — pressed without by a foreign enemy, and
with boldness by a domestic faction within, per-
haps stimulated by the gold of that enemy, the
great Legislature of the Union is yielding to the
pressure ofa faction andcounieractiogeverylhiog,
even the interest and certainly the wishes of a
great majority of the American people — distract-
ing the public mind with a variety of propoaiiioni
undigested and almost without object. Mr. T.
condemned the proposed non-intercourse system
Bssubmission, without even money in return fbrlt.

Mr. D. R. Williams expressed his surprise
that no gentleman attempted to defend the bill or
opppse his amendmeni, which he supported. In
point of revenue his amendment would secure
some, whilst the bill as it stood would destroy
three-fourths of the revenue of the United States,
and raise the price of foreign articles to the
consume?, without a possibility of carrying it
into effect, so as to exclude foreign goods. Al-
though wholly opposed to anything else than war
or embargo, believing anything else to be submis-
sion, be had offered hisaniendmeat as the least of
the two evils; for he believed that it would em-
brace at least profitable submission. I am for war,
said he, the people south of the Delaware are for
war; but you have been humbled into an ac-
knowledgment of the truth of the declaration, that
you cannot be kicked into a war, because the
Eastern people will not follow you.

Mr. W. Alston observed, that he thought that
the amendment under cunsideral ion proposed a
system which would be at least as difficult to ex-
ecuteas a non-intercourse. He was himself in,
favor of a contijiualion of the embargo; butasa
majority seemed to be disposed pariially to repeal
it, "he was willing to rake the noa-iniercourse
system till the next meeting of Congress. He
thought it probable that Oieat Britain might re-
taliate the system of increasing the duiies j and
that it would be better at once to interdict inter-

.yGooglc

1451

HI8T0IIY OF GOKORESa

1452

[. or R.

Hon-IntercouTwa.

Pebbdaat, 1809.

Mr. LoTB repiiwJ, to Mr. Wiluahb.— H« con-
videred the oon-intereourie as hiTing more of re-
-aistiDCe in it, by iToidiog any connexion with
tboae nationa which had ijijureil us, ihsn the pro-
posiiioD of the gentleman from South Carolina,
It had been objected to the bill that ii was a ibreai,
Ur. L thought DO language or measure could be
too sirODgj and lie had do objtction to the mea'
sure being eoniidered ia that light. He had beta
in faTor of war whenever the Embargo should be
remoTed, unless our iojunes were redreued ; but
as ■ majority was not in fBror of that, he would
take the next strongest measure he could get.

Messrs. Milnor,Lt0N| and Code, alno spoke
in farot of the amcDdment oflered by Mr. Wil-

Hr. Mii-HOR sncfea(«4 <be repeal of the non-
iotel'course act alio, ■■ a measure inefficient ia
iuelf, being daily evaded.

The queitioo was then taken on striking out
the fourih section io order lo inaeii Mr. David R.
Wiluamb's ameodmeDt; which was negatived,
53 to 47.

Some rarther progress was made in the billi
when the Commiilee rote and obtained leave to
ail again, and the House adjourned.

Satuhdat, February 18.

Another tnember, to wit: Marmaddkb Wil-
UAHe, from North Carolina, appearad and look
bis seat in the House.

On motion of Mr. Bhilie,

Ordered,TiiAt until the end of the present ses-
aion, the daily hour of meeting shall be ten o'clock;
and ahould a quorum not appear, the names of
the members shall be called, and those present
Doled io the joarnal of each day.

The bill sent from the Seoate, entitled "An
act authorizing an augmentation of the Marine
Corps," wa) read twice and committed i6 a Com-
mitiee of the Whole on Monday next.

Mr. Dara, from the eoramitiee appointed on
the twentieth of December lasi, presented a bill
for the benefit of seaioen of the United Slates;
which was read twice and committed to a Com-
mittee of ihe Whole on Ti^esdiy next.

The Speakek laid before the House a letter
rrom Thomas P. Cope, ofiTering to the acceptance
of Congress, in behalf of the American Cogven-
tion for promoting the abolition of slavery and
improving the condition of the Africans, lately
assembled in the city of Philadelphia, a book, en-
titled " Claikaon's His^iory of Slavefy," which it
requested to be deposited in the Library of Con-
gress. The said leiler waa read ; whereupon, a
motion was made by Mr. Milnob, that the House
do come to the following resolution :
* JUtohtd, That ths Speaker be lequseted to seknowI>
•dge the receipt and seceptAitce of " CUrkson's Hjiloiy
of Blavery," presented b; the American Canvantion
for promoting Ihe sbolition of ilaTery, and improving
the condition of the African! ; and that the said work
be deponted in ths Librtij.

And the question being put thereupon, it was
resolved io the affirmative— 64 to 16.

nON-INTERCOUR8E.

The House again resolved itself into a Com-
mittee of the Whole, on the bill interdieling com-
mercial iatereoutse, dec.

The Chaihman proceeded in reading the bill.

The twelfth section having been read, which
provides for a repeal of the embargo, excepting
as relaies to Gtral Briisin and France —

Mr. Cloptor said: Mr. Chairman, being one
of those, who are not willing to exchange Ihe em-
bargo for the system of n on -intercourse tiow nro-
Eoaed, I more you lo strike oUt tbisaeclion of^ibe
ill. In roakins this motion, sir, I cannut say thai
I entertain much hope of success, alihough indeed
I do sincerely wjsh that the motion may prevail,
li has been uniformly my opinion, sir, and atil) it,
that the embargo ought lo be adhered to nniik a
majori'T of the great body of the people of the
United Stales should prefer war itself to a longer
continuance of it. I cannot perceive any middle
course between those two alieroalives, which can
truly maintain the honor of the nation ; and shall
this nation descend from that ground to any de-
gree of submission, either openly or eorerilv, to
any nation on earlh 1 God forbid, sir. Forbid
it everything that is dear and valuable to us a*
members of a free and independeot nation I

It hts been frequently suggested that ihe na-
tioD has become restless under the embargo; and
some gentlemen have spoken oa if ibey thought
that the jjeopie were generally anxions for a re-
moval of i( at any rate. Sir, that it hy oo meana
my opinion. I have no reason to believe tbat the
people of this country in genera] would prefera
removal of it without some efficient substitote —
that they would prefer a removal of it with tnch a
substitute as the one now proposed. On the con-
trary, is there not more reason to believa thai a
large majority would prefer a loncer eoniinnance
of the embarso, rather than ^ucb a subatimtc 1
that they would prefer this measure to be super-
added to the embargo 1 I think it is much mora
probable i and I acinowledge for one, sir, that I
should rejoice to see such a eonrse taken at ibis
time— a course, which in the early part of the MS-
sion I fondly expected would be taken.

The same arsument, Mr. Chainnen, which haa
been priDcipairy urged against a continoaitee of
the embargo syatem, entire, may be urged more
foToibly against the proposed non-iatercourae sys-
tem. 1 mean the abases or evasions of it, Ifeva-
■ions of ibe embargo laws cannot be prevented,
much less can evasions of the non-intercoune be
prevented. Tiiey caiiaat, sir, and I apprehend &
great many may ensue immediately after mneh of
our property has been takai. Sir, if we go to
war — if we are to bring on a war, let us not do it
by first Ibrowiog such ad vantofies into the enemy's
hands. Let it commence with activity, end as
much advantage as possible on onr own side,
whenever it shaU commence. Let us keep our
property within our own ports until we are ready

In considering this sobject, Mr. Chairman, I
am naturally led to reflect on the most promiaeot

.yGoogIc

1453

HISTORY OF CONGRESS.

FEBBD&Rr, 1809.

Non-hUrcMTM,

H. o

feature ot' the Atlmiaisiration of our own Got-
ernmeDl respecnoe (he belligerent DBlions, as be-
ing caooected wiiE [te embargo in ils 0(jgiD,aiid
as showing Ibe policy of iu contiaaance hetetO'
ibre.

Long indeed has our coiintrf sought the eitab-
lishmeat of neutrality, but aoughi it bonorabljr.
The great end promiDeol abject irilb ibe Uoiled
Slates, as to their exterior reUtions, always has
been lo maintain peace — but to noainiaiD it dodoc-
ablf BodcODsisteatly wiibiberigliisoriheaatioii.
Inpursuitof this object Qr^t Britain will receive
the principal benefit of the trade, Doiwilbntanding
the probibitioDS of this bill. If American remeU
mn permitted to go out at all, most of them will
go, if not to British porta, to some pariieuiar purls,
as has been obiecved, from whence Qreal Britain
will finally receive their cargoes; and in a short
time, perhaps, upon cheaper terms than their could
be oblaiaed for in our own ports; and I do not
know wbat is lo secure them from capture when
bound lo other pons, if they fall iti with Briiisb
cruisers, unless indeed ibey should go idlo Brit-
ish porta, pay the detestable tribute and accept
licenses; and the law will be abnndaatly evaded
by smuggliag ioto the couutry articles of Brit-
ish manufacture — and no doubt, many of French
manufacture loo. Besides, sir, inecoaaeqoeDce of

.1-. ^g^jj probably will be war at last.

iisiant period ; a war, too, which will
i^ndec great disadvantages to ouf own
couniry.

In thissituatianof things, Mr, ChairmaD,UDiler
this accumulation of injuries, the measure of em>
bargo was resorted to — a measure hiviuK in view
a counteractioa to the wiiole system of Bggres-
-' rried on against the United States-

iug about

which baa been pursued as ■ meaoi of bring-

' ui a relinquisnmeni of that atrocious sys-

the part of the belligerents, and a redress

of injuries inflicted on us, together with the pres-
ervation of peace. This measure has been thus far
pursued for tbese^real purposes; and it has been
twlienily borne with lo this day, by the nation at
large, the partial discontents which hB7e appeared
in some rariicular parts of the couotry only ex-
cepted. The nation at large has cheerfully ac-
quiesced in the privations, the inconveniences, and
the difficulties locidenl lo such a slate of thia;;s.
It has exhibited a memorable example of self- de-

obtain redress of wrongs a._ .
maritime rights, wiihoulBMcrificeofpeace. With
this object, fair and honorable negotiaiion has been
resorted lo from time to lime for a series of yoars.
By tbia means redress of wrongs has been repeat-
edly sought, and sounbi in vain. Bv ibis means
tbeOovernmentoltheUnited Stales iiaa exercised
itself to procure relinquisbmeoi of outrages and
Tiolatiou of.our neutral rights; but as often have
all ils efforts proved unavailing. No wrong re-
dressed— no cessation of outrage yet appeared :
on the contrary mo're numerous and more assra-
Taled ones followed in quick

(if possible) D

principles than what

coiisttiuted the pretended ground of former oat-
rages, were pressed with accumulating weight inio
the train of former outrages, insomuch that tboaa
which followed after, taken along with tboaa
which had preceded, made up a combined sys-
tem which threatened to sweep from the ocean
almost every panicle of canvass, and all the float-
ing property of this great Bepublic.

. These, sir. are the objects for which this mea-
sure has been thus far and so paiivntly pursued.
Great and momentous* objects, and worthy of a
ureal and magnaoimous nation 1 Why, then,
should it be now determined at all events to
ibaadon this meaaurel Why should it be ao
determined, at a period of all others most propi-
tious to the embargo, if continued aiid executed —

period, of all others, I Ibink, besl calculated lo
give it eflecl by this Honse maDifeMing a firia
dispositioD lo adhere to iti For, sir, 1 consider
this as Ibe moat criiioal period, which could po»-
sibly anjve, as to the real eSecl of ihe embargo.
I consider it as the moai important period, at
vbich the condiii'.l of this House mignt render
that meaaure effectually coercive, if it ever can
be made so at all— and why, sir, do I think so?

lecanse, in ihe first place, I conceive ii cannot

ren be a question whether the British Govern-
ment has nut calcolaled on the discontents, wbick
appeared in some particular parts of ihe Union,
so as toderive ai least some expeciBiion, there-
from that those discontents might make such
impression on Congress as to induce them lo raise
the embargo in the course of this session. Thoss
disconlenia, no doubt, excited grateful expecu-
I of iu removal. It is perfectly natural to
suppose that sucb events takioK place inany part
of tnis country must have produced calculaliona
of ihat sort. 1 cannot bat believe, sir, that ihey
have looked forward lo ibe period of this sessioo,
with anxious solicitude, to mark ihe temper of
Congress in relation lo ihis very interesting sab-
ject i and, as Ihey must have presumed that Con-
gress could' not view such serious events with in-
differeoee,some expectation that the effect might
be so strong as to induce a repeal of the system
could scarcely fail to be the conclusion. Such
conclusion was to be expected, even if the extent
of dissatisfaction bad beenfairly reported to ibem —
even had it been in no degree misrepresented.
But, sir; there are a thousand chances lo one that
the reports, which conveyed the information to
tl)at couniry, greatly exaggerated the facts — that
the picture was drawn in much stronger colors
than were consistent with the teal truth— that
the instances of discontent were stated not only to
have been deeper in their nature than they reallf
were, but that a much larger number of persona
had partakeaof it than really did — that a spirit
of disaffection had spread itself far and wide, not
a shadow of doubt resU on ray mind,iir,lhBt, in all
respects whatever, the unpleasant ocaurrences to
which I have alluded, were greatif magnified.
With these circumstances others bare combined
to render the embargo inefficacious as yet, or at
least to prevent it from having ils full effect. It
is to be recollected, sir, that very aooa after tbft

.yGoogIc

1456

HISTORY OF CONGRESS.

I. or R.

Nm-IntercmirK.

Februabt, 1809.

Uir Uyiog in embai^ wa* pasted «ffort( mre
mmd< to Tender it anpopnlBT tad to excite dinat-
■■r*eiioD. Dissfiti»rBelions 'vrere not only excited ;
but lattaj DnpriDcipled pertona found meaoa [o
evade the taw and make exportaiioTis conirarT lo
its proTJiioD*. Under a combinatioa of circam-
atances, then, bo encouraging to the hope* of
the British GoTeroment an those most hare
appeared to Ibem, the continuance of their Or-
ders in Coancil antil the temper of Congress,
dvring litis sesMon, coulS be known to them,
is not much to be voodered at. The hope of ul-
timate inccesN in rendering our commerce irl-
bvtary to them, which thoae cirenmstances, no
doubt, cootribated not a little to ioipire, with
■nch a Oovernm^nt, was of itself sufficient groand
to ioduce a cootiDuanee of those orders. Lonfc
experience of British [mlicf. which the United
Suiei bate had, justifies this opinion. Long
expcTi<nee of a tyttematic design to thatOov ~
meoi to Bhackle oar commerce and labjoat
their arbitrary resiriclions, leaves no root
doubt of their disposition to pursue that design
ontil the conduct of this Qovernrnent thoald con-
Tince them of its total ioffficacy to prodace the
object sought for. The slightest prospect of suc-
ceeding' ia their deftigo, however demii^e that
prospect might be, keeps up their hopes onlil the
delusion vanishes. It remains, iben, for the Con-
gress of the United Stales, at this very inleresimg
orisis, to dispel that delnsion bya flrm adherence
to this measure, and Ihns to dliperK every gleam
of hope which may have resulted from the cir-
eumsTaaee* of discontent which had appeared,
and the evaiiooa of the law which took place ip
the coUBtry. At Ibis, truly cclticai period, to
irhieh their aoxions attention has been directed,
let this body manffeit an inflexible perseverance,
and demoDstraie lo them that all their hopes,
founded on those or anyoiber circumstances, are
Tain indeed. Let it be demonstrated to them that
this Goternmenl cannot only resolve upon, and
carry ioio effeci, measures of energy, though ai-
nnded with inconveniences and diffieulliet, but
thai it can pursue snch measures so long as they
ahall be deemed expedient for the object in view.
Let every decldraiibn and every conception eon-
eerniog the American charaoier, as a nation, in
lespeei to its cherishing an overweeuiog attach-
ment to gain, so as to be willing to submit to in-
dignities for the sakeof it, be completely falsified.
Let it be demonstrated, beyond a pomibitity of
doubt, ihat there exists not in the great body of
the people of this cetrairv any love Of gain com-
parable lo the love of real national independence
■nd freedom ; that this love of 'national iodepeod-
ence and freedom animaiM the true American
soul far beyond any other seaiiment, and Ibat, in
auppon of it, the greatest sacriliees of interest are
eheerfully acquiesced in. Bat, sir, what wilt be
the inference drawn fiom this meaxnre proposing
K repeal of the embargo, as it does, after it shall
have been adopted. Will it not jnstify asser-
tions, that this Ooverament has not stability or
irmness enoogh to carry into eflitcl energetic
Ueasvres, or such as ebecit the enrrcBl of wealth

for any eoosiderable time from flowing into the
^oDniry? Such assertions, or a.isertions to that
eSect. nave, 1 believe, been frequently made; and
ibey have been often repelled by word* as slaa-
derou* reproaches on ihc Oavernment. Sir, let
us not take from them the demerit of being slan-
' --" , by aSbrdiu^ any ground for the jusiiSca-
Bui I fear, sir, I greatly fear, that a repeal
of the embargo laws, as now proposed, will go
far towards juMif^ing such assertions.

This measure, it seems, is contemplated under
a belief thai Ibc embargo cannot operate as a co-
ercion on the belligerents, because they have not
yet rescinded their orders or decrees. Sir, I ap-
prehend the principal reason why suehrflect baa
not been yet produced, at least as (o one of them,
is, that it has oot yet had time enough to prodace
that «fieet, or, at least, that much of the time
which has elapsed since ifae embargo was laid
has been attended with circumstances unfavor-
able to the production of such effect; so that, al-
though the pressure of the embargo might have
been ever so severe, ii would nevertheless have
been borne with under the expectation that the
measure would soon be abandoned — under the
expectation that the disconteois which hare been
manifested, and the evasions of the law which
have taken place. Would induce a repeal of the
system. That ibey have felt, and severely fel^
its pressure, I do not know that there is any room
to doubt. But it was to be expected that the
British Oovernment, particularly, would fed
much, and bear mnch, before they wonld rescind
their orders, while flattered with any prospect of
a removal of the pressure. But lake away that
prospect, which a firm adherence to, and a strict
execution of, the measutewould do; and then tba
pressure would not only have its full weight, but
would immediately begin to produce the desired
effect. The numerous privaliotis produced, and
which would be produced, by the embargo, would
then be seriously considered. When every ground
of expectation that this Qavernment contem-
plated a repeal of the embargo laws at any defi-
nite period should be taken away, they wonld
then reflect on the consequences ; thev would dis-
cover iheerpediencv of making different calcu-
lations from those which they had before made.
Tfae^ would not then calculate between the sup-
position of vast advantages resulting to them-
selves from a removal of the embargo, together
with a subjection of our commerce to their arbi'
trary restrictions on the one hand, and on the
other hand, the mere temporary privations to be
sustained by them while it should be continued;
because there wonld then be no ground for such
supposition. But Iheir calculations would b«
founded on a view of what, most likely, would
be the losses aeerning to them from a continoed
real non -intercourse with this country, which
there would be if this section of the bill should
be stricken out, and some other sections of it
should be passed, compared with the benefits to
be derived from a free and unrestrained com-
merce with it. The qoestioo of interest would
be shifted, and ptoced upon different groand^

.yGoogIc

1457

HISTORY OF CONCHRBSS.

FeeavART, 1

Non-hlerctmrte.

H.ofR.

They woald then be broiifht to decide whether
tbeir interMi would be promoied in ■ ^lealer de-
gree bjr hnTing do trade at all wiih this countrf .
Iban it would be promoied by a free aod liberal
trade without joterruptioa to its commercial
rights Baaaeutral DatloD. Sir, if the flrmnesB,
the decision, and perseverance of this House, were
to be such as to convince them that they are to
choose between thes^ two aliemBlives, could they
lieiitaie long after such conviction 1 Could ibey
hesitate in preferring our trade and relinquishing;
Ibeir iniposiiiooson it,whenthuK eonrlneed that
it wai by do other means to be obiained 1 Sir,
does not every degree of probabilily lie on this
aide of ihe quesiioul Really I CBDDOt perceive
any room to doubt it. Wbal, then, oo^ht we to
do, but to persevere in this measure T Sir, I wish
it cotild be continued some time longer. Let us
rigidly peptevere in it as the best course which
the Qoveromenc can yet pursuej aud let us not
doubt of its ultimate success.

At any rate, sir, let the embargo continue as it
is, until the next meeliiig of Congress in May;
and let ihac Conere«s determiue as to a repeal of
it. according to the then existing state of the pub-
lic mind, the circumstances of the country, and
the then conduct of the belligerents. By that
time eventi maj take place in Europe, which
may materially loflaeDce (he conduct of at least
one of them. By or before that time, Ihe faie of
9pain very probably trill be decided ;. and if Bo-
naparte should have succeeded in fixing his bro-
ther on the throne of that Kingdom, the resources
of which Qreat Briiaia would be deprived by that
event, would cerlaialy affect her in a coosidenhle
degree; and such privations would, doubiles?,
have a correspondent inflnence on her condnet.

In support of the position which bas been ad-
vanced, that the embargo cfinnot coerce Qreat
Britain, it seems to be apprehended that sufficient
resources from other quarters would be drawn
in to her aid; that the supplies which she had
herelofore derived from this coonlry, would be
obtained from other coilntries; and thus the e£fect
of the embargo, as to her, would be defeated.

Sir, ifgenilemen will recur to .the orders of the
Brilnn Kin^, to the commanders of bts ships of
war and prirateert, directing them not to " intet-
* rapt any aeotral vessel laden with lumber and
'provisions, and going to any of his colonies,
'islands, or settlements, in the Weit Indies or
' South America,Iawhomsoever the property may
' appear to belong, and notwithstanding such ves'
' sei may not have regular clearances and docu-
' ments on board," I think, sir, tbey will perceive
unquestionable evidence that, so early as April,
1808, when those orders were issued, they must
have felt the want of our trade in provisions and
lumber to those places; and bad it nor been for
the discontents which, soon after that time, be-
come known to them,aod the scandalous evai
of the law which took place, I have no doubt but
that, before this time, the Orders in Coi
would have been revoked ; bad the law not been
so much defeated in iia operation by worthless
anpriDcipled men, who, r^rdleat of all the la-

ired ties of daiy to their country, seized the mo-
nent of tapd progression to wealth, accepted
he infsmousVoyal invitation to violate the solemn
aws of their country, and, under the shameful
protection thus held out, conveyed to them such
supplies as not only enabled them to hold out
longer, but encouraged them to hope that the sys-
tem would soon he abandoned altogelber as im-
practicable, and an export trade allowed from
Ibis country, under the restrictions whici) they
had imposed on it.

There is another circumstance of recent date
which I would also notice. What, air, are we to
think of the late famous, or rather infamous, let-
■rnf Mr. Canning, misrepresenting Mr. Pink-
fy's communicalinn to him, relative to the pro*
posal of the President, to suspend the operation of
the embargo as to Bntii^h ports, on that Govern-
ment rescinding its Orders in Council? For
what purpose could that tetter have been written
and published, as it was, unaccompanied with
Mr. Pinkney's answer, in the very section of the
country where discontent most prevailed? Was
n intended to inflame that discontent, and
iase ihe clamors against the embargo 1 In-
deed, sir, I must believe that such was the de-
sign, as well as to foment disaffection to the Qov-
ernment. If so. what could have been the in-
ducement to it, out a strong desire in the British
Oovernment that the embargoskould be removed?
And what could produce such desire but its

This circumstance, sir, and the orders of the
King, encouraging Americans to violate the em-
bargo laws, are both, to ray mind, irrefragable
evidence of thar pressure, which evidence has
been frequently corroborated by subsequent in-
formatbn; and, whatever may have been said
to the contrary, or whatever may be conceived to
the contrary, the embargo, if continued and en-
forced, most be very distressing to Great Britain.
Withhold from her supplies of raw materials for
hermanufactnres,parlicularly cotton, naval stores,
timber, and other materials suitable far naval pur-
poses; and from their West India pos!<essions.
withhold supplies of provisions and lumber, ana
I cannot conceive how she could sustain such
priv&tions much longer. The French depen-
dencies in the West Indies would also be greatly
distressed for want of supplies of provisions, and,
therefore, a continuance and enforcement of the
embargo would be severely fell there.

But the greatest objection lo a contlnusnce of
the embargo, seems to arise from apprehens
that it cannot be enforced. Sir, ibe evae
which took place previous to the last act passed
on the snbjcci, were' supposed to have proceeded
from defects in the laws passed at the former
session of Congress. Bat. is nothing to be ex-
pected from that last act ? It has been in exist-
ence but little more than a month, and has not
had time enough yet to operate in any material
degree. It Is presQmable that, if continued in
force, it will be more efficacious than the former

But, air, b ther« no inch thing at patriotism in

.yGoogIc

1459

mSTORT OP CONORBSS.

U60

Non-tniercmtTM.

Fbbrdiby, 1809.

those parts of tlie ci

itry where evasions of the
law have taken place? Has thstsaKd principle
fleJ away entirely Trom (hose placer? 1 cannot
beliere it. sir ; I cannot, indeed. I cannot aban-
doQ the idea of patriotism in those parts of the
connlrf. I cannut abandon the hope ibat there
is yet patriotism enougii lo carry the laws into
effect. Nor can I, Tor one, sir, consent lo aban-
don the ground solemnly taken by the Govern-
inent, merely to appease the clamors, or to gratify
the avarice of a set of individuais, whose numbers
can bear but a verf small proportion to the cota-
muniiy at large.

I have made Itieie observations, Mr. Chalrn»n,
tinder an iropressioo, ibat it was my duty to do
BO, at this very critical and momentcus period,
on a subject of such vast magnitude as tne one
now under consideration. Believing, as I do,
most sincerely, that the proper course still to be

Eursued, is the one 1 have adrocaled, I should
ave been guilLy of a dereliction of that duty,
had t refrained from eipressing to the Commit-
lee the sentiments 1 have expressed. Sir, it is
not an opinion of the present
which has arisen from any late c
«□ opinion which I brought with me when 1 came
to this {ilace. and I hare uniforioly retained the
same opinion to this day.
Mucn has been said concerning the last act

JiBsaed for enforcing the embargo. It has been
rcquently denounced as unconstitutional. Sir,
that act was passed by a very large maioritf ;
and, for one amongst those who voted lor it, I
can truly say, that I never should have given my
Tote for it, if I Jiad not believed it to be wiibio
the legitimate powers, the Constitutional authori-
ty of Congress to pass it. I am far from believ-
ing that it merits the denunciationa which have
been lavished on it. I consider it as strictly
witbin the limits of the powers vested by the
Constituiion in this body. If 1 bad, at any period
since the passage of the act, been confinced that
I had been in error, and that the passase of it
was not authorized by the Constitution, I should
freely and candidly acknowledge it. It never was
my disposition, sir, to resort to rigorous measures
in anv cases where the objects of theni were al-
tainanle wiiboui such. 1 truly lamented, and do
lament the occasion which produced that act;
but I considered it to be of vast importance, as far
a* passible, to prevent evasions of the embargo
system.

This is a period of our poliiical existence, Mr.
Chairman, which renders firmness in the Coun-
cils of the Nation peculiarly requisite. The cri-
sis is VBhCly momentous and trying, and attended
with circumstances, both from within and from
without, which strongly call for decision in the
Legislature. The exisience of the Oovernment
seems almost to depend upon their firmness ftnd
decision. Whilst the members of this body re-
spect the rights of individuals, let them consider
the consequence of being driven from a measure
of great importance by the conduct of a small
part of the community. It is the duty of eacb
part equally to respect and obey the laws; and

t. Clofton was Degatived,

if apprebensioa of tbe coosequence of a faclioD,
clamoring against tbe acts of tbe OoveraiDeiit,
should deter it from pursuing its course, each
would be an alarming manifestation of its weak-
ness. Sir, I fear for the Gavernment, almost to
trembling. 1 feel emotions which 1 cannot ex-
press. It is at a point of awful trial and respon-
sibility. The svstem, which, it appears, is abont
to be abandoned, will be exchanged for a misei-
able one, wbich, on uur return to ouf bomea, will
not draw on us many smiles.

The motion of Mr.
59 to 35.

Mr. MiLitoR moved to amend the same section
BO as to strike out the exception, and making the
repeal of the embargo total.
,Mr. Vabndh supported this motion. If the
n on -intercourse system was to prevail, he thought
it made much more intelligible to the revenue
oSicers by repealing the embargo laws, and enact-
ing the oon-intercourae as a new system through-
out. He spoke in favor of the repeal of the em-
bargo laws, stating the evasions wnich had taken
Slace, and that these evasions had not been con-
ned to any particular section of the Union. He
observed tnat a partial repeal of the embargo
would destroy all the coercive effects of the meas-
ure, inasmuch as produce would be let out, and
would find its way to every quarter of tbe world.
Mr. V. observed tbat were the amendmeol agreed

lo, he should be ready to go with geDilemen in
ly other practicable measure whica th
^lect for maintaining our rights.

The question having been put that the Com-
mittee rise and report the bill —

Mr. GABnBNiBB rose in opposition to it. He
lamented the situation of tbe country, which he
depicted as gloomy in the extreme. If the meas-
ures now ctmtem plated, and apparently about to
be adopted, were persisted in, the country must
be utterly ruined. He conceived that the meas-
ures of interdiction could not operate on France,
unless lo make her rejoic& Tnere is, therefore,
said be in the introduction of the words "and
France" into our resoiuiioos and statutes, a cruel
and solemn mockery; for my abhorrence of which,
I can find no expression. Words might disguise
the substance, but it was right to rise superior lo
them whe^ it was ascertained tbat the effect of the
system was to support Bonaparte in that system
of commercial warfare by wnich alone be could
ever hope to destroy England, who was, at this
moment, tbe only barrier between him and the
dominion of the whole earth. Mr. O. said that
the great cause of complaint now against Bikg-
land was the Orders in CounciL He ibonght it
unforlunaate that such was the irritation in this
HouM on the subject, that they had never receir-
ed that serious consideration lo wbicb they were
entitled. He entered into an examination of the
Orders in Council, which he believed, and went
into an argument to prove, tbat Great Briiaia had
tbe tight to issue. He coaiended that, during the
existence of the Betlin decree, the Dniied States

.yGoogIc

1461

HISTORY OP CONGRESS.

Febsuabt, 1809.

Nonrlnteramrtt.

H. OP R.

could 001, with boDOT, hare tradrd.ta FrBoce,
and (bus, that the Orders JD Coaoeii oatjr de-
clared that Ilia Uaited Sutei ahould not do that
which thef could aoi do, becaute ihej could not
boDorabiy do it. He did not wf that ibe oiden
were lawful, or that they were not infriDgemeiits
of our rights as a aentnl Datiou, as it might of-
fend the prejudicea of the Houhe. But I majr be
permttied to sa;, obKired he,, that if thef were
ualawful, I have proved that they are not hurt-

; that the British Orders in Conocil oolf sop-
' to that which our seoae of honor woam
s to do, their sacctioD.

In regard to the subject of tribute, Mr. O. said
that previous to the Britiah Orders, we could not
trade, honorably, to France; and, therefore, this
payiog tribtate for going to a place where w<
could not go was merely ideal. If you bare p>l
to that piicfa, said he, that after auch adeeree you
could trade to France, it would be a disgrace, and
you could not he more disgraced by touching at
a Brilisb port to commence it. I thiak it per-
fectly fair in Oreal Britain that, if you ~

T of (be
_ . t this bill
would meet hia wishes. He wished to know
why, in this House, ibare were no expreaaioo* of
abhorrence of that Power which bad destroyed
all the nations of Ibe earth. Although I do not
believe in French ioflueneej said be, yet there is,
in this House, an aoiuioaiiy to, and hatred of
Oreat Britain, that makes us go into Freneh
measures by repulsion as effectually as it could
do by attraction. Considering Oreal Britain as
the only barrier between ue and universal domin-
ion, he asked gentlemen whether it would not be
f;ood policy — considering too, that we had very
title, if any, eauae of quarrel with Great Brit-
ain— to preserTB the barrier as it was, instead of
attempting to weaken or destroy it, and over-
wheltoi ourselres in iis ruin % Mr. O. next turned,
his atlentioQ to the bill before the Honse, which
be conceived to be a weak and imbecile measure.
He said that it savored more of an expedient to
serve appearances, to keep the public on tip-toe,
than to subaerve the esseniiaj ioierests of ''"

Mr. VAHitnii replied to some of the observatioqa
of Mr. Qabdehigr, wboae sentiments and prera-
iaes be believed to be erroneous, and therefore,
his conclusions were inoorrect. He spoke of the
various proclamations of blockade bv Oreat Brit-
ain, preceding the Berlin decree, which were at
leaat as good ground for retaliation by France, as
the French decree was for retaliation by Oreat
Britain. As to having no cause of quarrel against
Great Britain, Mr. V. expressed his asioniihment
at hearing aneb aeniiments avowed by any geo-
Ueman on this floor, and protested against it. He
believed it to be the determination of the Oovern-
meats of Europe to press ua, until we should yet
be compelled to take the last resort, howevet de-
(irous we might be to avoid it.

Mr. Bdkwill called the attentioD of Hr. Qtx-

DBNiBR to a speech which be made a few weeks
ago, in which he expressly admiiied that the Or*
dets in Council were not loleoded to retaliate oa
France, but, under cover of such retaliation, to
reialiate on the United Slates for the ooD-iraporlB-
lion law. He suggested 10 bim that there was an
evident iDcopaisiency in his remarks at the Ivo
different times. Mr. B. entered at some lefagih
into a view of the orders and decrees in reply to
Mr. Oabdbhibb. He regretted to hear in the de-
bates of the House so much af foreign countries
id so little of our awn. If there was anything
the world that could give him sincere pleasure,
it would be the noioD of all parties in the great
work of resistance to foreign oppression ; that all
ihould be Araeriean in language and sentiment
11 well aa in name. Divided as the nation now
'89, it was aa feeble as if there waa not a man in
the country. Aa long as they legislated on SDspi>
"~~ of one another it was impossible they should
prosper. Mr. B. aaid, that the bill now under
consideration was not palatable to him, though
he liked it better than any of the amendmenta
which had been offered.
Mr. Mastebb commented with some severity
1 ihe obsetvaiiona of l^r. Oajiognieb. Hb re-
buked him for his defence of the British Orders in
Council, which be had never expected to have
heard attempted to be jasiified on the floor of
Congress. Mr. M. was not partial to the bill.

The Committee then rose and reported the hilt;
and the House adjourned without aonsidering
the report.

U ON DAI, February 20.

Mr. NswTON, from the Committee of Com-
merce and Manufactures, presented a bill to re-
move the office of collector from Tapjiahanoock
to Fredericksburg, and to make T.ippBhannock a
port of delivery, and, also, it) abolish the offices
of surveyor at Fredericksburg, in Virginia, and
at St. Mary's, in Maryland; and to establish a
light-bouEe at the entrance of Bayou St. John ;
wliich was read twice, and committed to a Com-
mittee of the Whole to-morrow.

The House proceeded to consider the amend-
ments reported on Saturday last from the Com-
raiitee of the Whole to the bill to interdict tha
commercial intercourse between the United
Slates and Great Britaio aod France, and their
dependencies, and for other purposes; and the
same l»elng twice read ai the Clera's table, were,
on the question severally put thereupon, agreeii
to by the House.

Ordered, That ihe said bill, with the amend-
ments, do lie 00 the table.

The House resolved iuelf into a Committee of
the Whole on the bill concerning invalid pen-
aioners. The bill was reported with several
amendments thereto; which were twice read,
and agreed to by the House.

On a moiioo made by Ur. Blv, the House pro- 4
ceeded to Teeonsider im first amendment report-
ed from the Committee of the Whole to the said
bill, and the same being amended, wa^ on iha

.yGoogIc

HISTORY OF CONGRESa

1464

H.opR.

Nai-ltdereouTM.

FBiTOAiit, 1809.

qoeBtion pot thereupon, sgned to by the Home.
The bill wi( [faea fanhtr ameDded at the Clerk'i
table, »nd, together with the ameDdraenli, order-
ed to b« eogroMcd, and read the lliird time to-
morrow.

A menage fram the Senate infortDed the Houie
(bat the Seoate hare paased a hill, entitled "Ad
■el ■opplemeDtarf to the act, entitled 'An act for
the belter goTernmenI of the Nary of the Uoited
BlatM i" to whicli tbey deeire Ihe coDcurrance of
tkii HooN.

NON-INTERCOtJHSE.

The Houte took np the report of the Commit-
tae of the Whole on the bill ioterdieiing corn-

bill, deolaring that the bill Bball be in force till
d of the ■' "

cttlial

:t leitJoD of CoBgre«e, and
loneer; and that the embargo iliall be repealed

On the luggeilion of Mr. RAifDOLpa, Mr. H.
withdrew hi* motion for a time; and Mr. R.
mo7ed to strike out to much of the 12lh Mclion
of the bill ai makei exception* to the general
lemoTtl of the embargo.

Mr. BiBH made a motion which tufierseded
Hr. Randolph's, riz: lo lUike oat the whole
aectiOD, so aa to keep ob the embargo in it* prea-
ent aituaiion.

Mr. RAnqaLPK hoped the Home would not go
diieeilf to thii luhiect by the meant propoaed by
his friend from. Georgia; for. if he uoderitood
the motion, it went to prevent the repeal of the
embar^ either in whole or in part. A> it wa«
his object not to repeal the embargo partially, but
M toto Mr. R. said he could not vole for tbe mo-
tion 01 hia friend from Qeorgia, and hoped, there-
fore, that it would net preiail. At the same
time, laid Mr. R., it would be no. very great
atretch of candor to allow that if ihi* Uonie do
repeat the embargo in any degree, it would com-
port more with iti dignity and reputation, as wiill
a* with tbe iatereit oT the nation, lo repeal it in
tutc, than in this Kwt of way. I beliere thateren
what is termed a partial repeal of the embargo,
will, to tbe ioierest of the nation, be a moat im-
poriant measure, whatiDerer hearing it may have
OD tbe reputation of the LegiilaiDre of tbe Uni-
ted Slates; bot, if we mean to preserre at once
oni own credit and to consult the good of the
tlnion. we ought to repeal tlie embargo in word*
aa well as in fact, lolally— aod, iDdeed,lei not the
words of the wisest man under the sun ever again
be quoted to prove that there is nothing new un-
der the SUB. Unquestionably a partiaf repeal of
an embargo is a oew thing under the suo in l»-
gialaiion. A partial repeal of an embaqol What
u an embargo, sir 1 An inhibition of vessels go-
lag from a particular port or from all tbe porta of
ft oatioQ. It is limited to a single port, aa Bor-
deaux, or to a whole empiie. But a pariiid em-
bargo ia lucb a thing as verily, I think, never
waa heard of. An embargo is a prohibition of
•very veaiel from aailiag; and hereia a permis-
aion to say vcasci to tail. Look at your embargo

destination of a vessel 1 No, Mr; you might a*
welt uoderuke partially to pull the House over

¥iur heads as partially to repeal an embargo.
ha embargo, wiih all it* aupplemenia — Ood
know* bow many, but tbia litter of misshapen
cubs is sufficient to exhaust their original pa-
rent— these laws refer to the act of sailing from
the United States to a.tv port of a belligerent oi
of a neutral, if, indeed, ne could find such an an-
imal in political zoolcyy. If we repeal aay pari
of an embargo, wt repeal it, in poiot of iaci and
practice, altogether. If it were ooniistent with
the gravity of this dignified Aasetnbly. I would
say that this bill reminds me of the iogeaious
project of a citiien of Virginia — a naturalized
one — and (strange at it may appear when the
storv is told) not an Irishman, lo let off his gun
by degree* — when that scheme wa^ mentioned,
it was due to the nation to stale that he was not
a native — by gently pulling the trigger, he pro-
posed lo let off bis gun by degrees. Thia project
IS precisely such an one — > twin brother. If. sir,
you are not able, without anjr partial repeal <^
the embargo, with all your penalties and gnn-
boatt, to keep the people from going where ibey
will with llieir cotton, fith^ Ste.. can yon expect
to prevent them from doing ao when you let
them go out } la it ia your power to direct theii
course after they croas the Gulf Stream 1 la there
any magic in yoor lawa tp control them wAea
out of your jurisdiction 1 If they ate not inter-
rupted bv the physical force of some bdligerent
nation, iney will, free a* the wind that blowa, ga
where they list ; and Teally I eookider thia as ona
of the idlest propositions ever submitted to a de-
liberative Assembly. A partial repeal of the
embargo 1 If it be partially repealed, very well-
half a loaf is belter than no bread, especially
when the grant of half tbe loaf gives possessioa
of the other half also. If tht Uouse choose to pro-
ceed ia ibis way, it is not for an anti-timbargv
man, it may be said, to objeet.any thing against ii.
In tbe course of the remarks which I shall offer
to yoar conaideraiioit, sir, I shall not think it at

ail necessary to take notice of tbe very 1 will

not give a charaoier to the observations made by
the gentleman from New York, (Mr.QABDEHiEa,)
on Saturday last. Sir, I waa .surprised, foe one,
I confesa, that geoilemeo who aeemed extremely
opposed to the sentiments which fell from that
gentleman w«re not willing at the same time lo
give him an opportuoiiy of cooitnuiBg them. I
cannot conceive anyihtuk that could be said by«

Enileman in what is called ihe majority of thia
ouse which could have half so strong ao eSeet
in favor of their measures aa what ha:! fallen from
Ihe gentleman from New York against ihcm. I
should noi— really I should not—think it neees-
sary to notice them in any way were it not that
I looked at the gentleman from New York at
that moment with (he sort ofsansaiioa whicb wa
feel in beholding a sprightly child meddling with
edged tools, every moment expecting ( whu actu-
ally happened) that he will eat bis Angers. Thera
are circamsianaea under which a man wo^ld not

.yGoogIc

1465

mSTORT OP C0NOEBS8.

1466

Non-hUenMOve.

H. orR.

like to see an adretMry plieed. The geotlemui
has powers, md of no ordinary clsl; and he hai
CeTUiDlyfciren (□ ibe House RstrcDg proof of his
candar, whsierer ti tavf have been of his discre
tioD. He uoburdeoed himself wiibout reterTe
btic I do believe— I certiialjr hope— ^ibac (bere is
not another gentleman in the Home who takes
(be same Tiew of ihe subject which that gentle-
Bun has taken. And, air, tbe genileraan's friends
(if any he have, and 1 haT« no right to preaotne
that be has none, but the contrary) will do well
to k«ep Bueh daugeroua impleraeuia ont of his way
for the fuinra. At the same time, I am rery fai
from impeaching the eorreitloeas of the gentle
'tnan's motives. His eonduot appeared lo me the
eSeel of youthful ioezperience ; and I have no
doubt that when he bas attained a greater knowl-
edge of the world, and a greater knowledge (1 am
Borry to aay it) of the rights and interests of his
own country, bis error will be corrected.

But, air. to come to the point, which is the
repeal of tbe embargo. No question can exist, it
would appear lo me, in tbemind of any practical
man, that the embargo must be repealed; and this
Toie for a panial repeal of ihe embar^ is a proof
thai there exists a conviction in ihts House that
some way or other the embargo must be gotten
rid of. I look upon the embargo as the most fatal
measure that ever happened lo this country— as
(he most calamitous event. On account of pecu-
niary lossi No. Qreetss that is, 1 donot view
it m> on that accouni. On account of the vexa-
(ions to which our citizens have been exposed
under it, not only from officers of OovemmenI,
bni from their fellow-citkens — from one another
— tearing one another to pieces in the courts,
where thev were open, and unable to satisfy each
other'* just demands T Not, sir, an that accoimt.
Suppose we had aotwerod, in November last iht
almos( uoanimons expecution of America, how
different would have been the result ! Bat, by that
'Uifld perseverance in this most Unfortunate mea-
sure, we haT« lifted the veil whieh concealed our
weaknns— -we have exposed our imbecility. The
vei! of the (emple of ihe Coustituiioo is rent in
twain; the nHkedotes of the Others of the coun"
It^ hBE been exposed to iheir unnatural, impious
children. That is our situation. You never can
redeem it. The Constituiioo has received a wound
that ageseannot heal. But, if we bad only come up
to the expectation of our suffering people — if w«
had been content with a twelvemonth's embargo,
instead of an embarnoci eeernum,(he nation would
hare obeyed, would have beeti tiniled.

Gentlemen may say what they willj they may
declaim as mnch ts tbeypleane about ike vices
of the people; but their virtue has stood a test
which that of no other country on earth ever did
Or ever will stand ; but, sir, hojw detayed makeih
theheartBick;nnd ibe heart trified withundersuch
circumstances has nothing lef( bnt desperation.
The coosequencesweatl know. Wearemarked,
not merely (o Europe, but to ourselves, as a di-
vided people, imbecile, distracted- and why?
Were we a divided people eighteen months ago?
We were not, sit; we were stroog in the sentiment

of obedience to (he laws ; that aeBtiment wbtoh
constitutes the vital principle of every Govern-
ment pretending (o be free, was not nearly de-
funct ; it was in its full force ; and when you see
that sentiment destroyed, yon may prate about
vice and immorality — its destruction can come
from but one source — unwise counsels. Want of
wisdom, or virtne, or of both, in the councils of
the nation, alone can produce such an effect oa n
people like ourselves; and, in my i^Hnion, it ja
Eomcthing lo oar honor that it took a longer pe-
tied of suffering than any man could have aotici-
m(ed, before iha( spirit was in the least impaired
in any part of the community. But, sir, in onr
measures throwing away the operation of moral
causes and relying wboUr oa physical force, oit
main strength, which we nad not, we have pros-
trated the majesty of the laws, and I fear shall
hand over (o (he suoMstor of the present Presi-
dent of (he United Stales a broken sceptre, I be-
lieve it is no secret that tha( gentleman is not
among the fim of my poliiica! iavorites — but, do
every man justice, sl^■~io the situation in whiefi
we abandon this Government to him, he will
deserve immorMl honor if he steer the natiMt
(hrotfgh the peril which surrounds it ; more espe-
cially, if you give it to him c logged with youi
embargo systems. He will have a task to per-
form as great as hunran s\reng(b is compeimt to
execote ; and if he does it even not very well, be
ought to hare the credit. The arduous duties of
the station- 1 speak of the <Aaer, not of the mui
— onght to be weighed.

On the subject of (he embarffo, sir. I have al-
wayannderstoodit,lihea vessel fur holding lii]oor,
to derive all its ^alue from its tightness; and
whenever you b^in to drill holes in the bottom,
no matter of what diameter, it is good for oothiog.
We have trusted our most precious interests u
this leaky vessel ; and tiow, by way of amend-
ment, we are going to bore additional holes in
this machine, which, like a cask, derives all ita
value, if it have any, from being wKer-tigbt.
From some nodon of honor or dignity, quite ia-
CDinprehevsible to me, we are l« -stiek to (hie
(hing i. i( is to be hung around our neck*, or to be
trailed after oe like a camister tied to the tail of a
miserable perseouied dog. This is not all; we
are not content to lift ihe covering which tiid, I
will not say our nakedness, bnt we are, I feai,
breaking up from Ibe very foundatim every prin-
ciple and maxim of iKdiey which froverned the
country from the institution of the Federal Ooo-
stiiation to the present moment. I listened the
other day with very gKat pleasure to the remarks
of my worthy colleague, (Mr. Borwill.) made
io his usual plain, sensible manner, and to soase
of (hem 1 subscribe ; but, in the extent to whiolt
they were carried by him, I eovld by no means
agree to them. I anderstand my colleague lo be
divided between (wo opposite and contradictory
sentimcnia, which conflict very mnch with each
other — a desire to protect trade and onr maritinu
rights on the ocean, and a desire to put down
trade for the purpose of fosterin^f our minilfce-
tures at home; and, until the period when tnda

.yGoogIc

1467

HISTOET OF GONORBSS.

1468

H. orB.

NonrhiUreoune.

Fbirdarv, 1809.

■hill br BO enruiled that wa ihsU be compelled to
mannfactare Tor ouneWes, be coDsidera ibat we
■hall Dot be indepeodeDt. If we are la be sot -
ecoed by this policy, Ibere was no oceaaion lor &
CoDRtiiutioD or Federal Qoreinroeai; for we
migbl have set op our spinDiBfc-vbrEla and pre-
Teoted ihe imporiaiioo of ToreigD good* wiihoat
the CooaljtutiOD. Bui Ifae object of (he Gonati-
tatioD waa to regulate commerce, and to do more,
to draw a rereaue Ttooi trade, which frnrn trade
klone could be drawn, fot paying the debts aod
providing; for the common dcfeoee and general
welfare of Ihe Uoioo. But now it acemi all thia
ii la be let aside. We are to go upon an oppo-
aite paticy — to gire up the duty on importa and
tODoap, and rcfy altogethti on excisea and direct
laiea. I defy the ingenuity of mao to deviae any
olber mode of collecting a revenue than by im-
postE, excise, or direct tax. If we give up im-
posta,we have nothing left Itut in terDBl and direct
Uxe*. Call back your mind, sir, to the time
when the present Adminisiraiion catne into office,
and *ee what waa its policy. To rely wholly on
impDii, to abolish internal taxes, oot certainly to
burn our fingera with a land tax g though it may
not be imnroper to observe, that a great part of
the proceeaa of the inlernal and direct taxes was
brought into the Trcaaiiry after the 3d of March,
1801— thai, however, was not our fault. We set
ourfacea — for, sir, when I speak of the good old
limea of ie02-'3, Su:., I will say toe— we set our
faces against the internal taxes. Why did we so ?
From their oppretiiou on the people, and opera-
tion on the revenue of the Btatei; frpia the vast
patronage and number of officers which they gave
rise W; because the impost was the cheapest lax
is enllection, least oppre as ive in iisoper«.tiOD,and
least injurious to the States. Are we now to ttirn
eompleirlv round, to give upimpoal*,Bnd go back
lo internal taxes? I am very far from being an
enemy lo domestic manufactures; but if they do
Bot thrive at preaenl, we cannot make them.
There ia something ungrateful in the soil, tin-
genial in the climate — the tree will not grow at
all if it does not thrive apace under present cir-
AOni stances.

One thing, sir, I am very free to allow: thai,
io what we will, we never can expect (ndtber
do I know that it is desirable) to enjoy as great
a degree of foreign trade as we did enjoy at the
liUM we took the humor of quarrelling with our
bread and butter, and going into the ayatem which
has ted lo OUT preaeDl condition. As long as we
Mrried her manufactures to France^ and the CoO'
tinent geoernlly, Qieai Britain connived at our
trading there; and why? Because she drew an
advantage from it, But the moment that France
■aid that her products ahoifld not be imported in
your ships, she bad no idea of your going on in
this way with your one million two hundred tbou-
Mtnd tons of shipping, without producing her
•omeihing, uoless she drew a benefit from it. I
do not think it necessary to aay that she acted
vroctgfuliy and burtfully — the queation is, the
remedy. If a man fctiocks you down, yon do
aot require to be told that ne has broken the

peace. The queation is, how will yon get repa-

Whilat noticing th« observaiionaof mr waribtr
colleague and friend, permit me to say tnai I dif-
fer from him in two material points. In the fiiat
place, the explanation given by the Minister of
Marine of the Berlin decree was not a Ealiafactorr
one. becauae the Minister himself declared ibat
ha nad no authority forgiving it. My colleague
seems to think that that put olT, a mere erasion
of the French Qovernment — for it- is very easy
for a minister of foreign aSitirs to evade an an-
swer, if you will put up with one from an unau-
thorized person — was a satisfactory exptanatioo of
the Berlin decree. It was not; not only, as it
turned out, that the French Qovernmeat did not
so consider it ; but that the officer, in giving the
explanation, declared that it was no explanation
at all, inasmuch as be bad no authority to give it.
I cannot help thinking thai there must hare been
an application to the officer who had authority to
give one; hut as 1 have seen no such correspond'
ence, I cannot determine anything on this point.
Whilst on the subject of our foreign correspond-
ence, I think it extremely unfortunate that tbe
motions which. I made in (he early part of the
aeaaioQ for giving poblieity to a part of that cor-
respondence did not prevail — not more for tbe
purpose of ahowiog the public what we had, than
what we had not. For example, I believe it is
generally supposed that tbe overture made by our
Quvernmenl to tbeGOTCrnmeotof France,on the
subject of the decrees. Is coniaiued in thai cor-
respondence. What does the Preaident say:

" The instructions to oar Ministers, with respect to
tho diflerant beUiKerents, wen neceaaarily modified with
reference to their diffitrent eirenmstaneee, and Ui tjio
condition annexed b; law to the Eieciiti*e powar of
snapenaian requiring a degree of •ecorily to odi con-
■nerce which would not reauK from a repeal of Ac do>
creea of France. Instead of a pledge, tfaerelbre, of a
suspension of the embargo as to bei in caae of sodk

- ipeal, it was prei.

might be foond in other ccn«deration«, and partico-
Urlj in the change producad bj a compliance with our
just demand* by on* belligerent, and a refusal b; tha
other, in the relations bettroen this other and the Uni-
ted Statta."

We are theD told that the oSisr was made to
Great Britain to repeal tbe embargo, in relation
to her, in case she revoked her Orders in Coun-
cil, The reasons are assigned wh^ this offer was
not made to France; but what offer was made to
France we know not. And I think it |>roper to
slate this, because I. perceive that there is a gen-
eral impression abroad that it ia coniaiued in the
private communications made to us. Ji is not.
As to offering to France to repeal the embargo as
tober, if she would revoke her decree*, it would
have been a strange proceeding, indeed. France
wanted the embargo ; and to take from her what
she wanted, as an inducement to do what she did
not like, would be curious, indeed. If we had
have offered to continue the embargo, it might,
indeed, have been an inducement to her. I thei«-
-fote differ from my friend from North Cari^ina,

.yGoogIc

1469

HISTORY OF C0NGEES8.

1470

Fbbbuirt, 1809.

ffyn-httereoune.

R. a

(Mr. Macon.) I thiak U wise ihal ihe oGTer was
not made. At the same time, I khoald like to boow
what oBei WSB made.

Mr. Blackledob said, iT tbe g^Dileman wonid
tarn lo pages 80 and 2] oi tbe document be held
ID his baod, he would Bad the offer made loFraace.

Mr. Randolph.— I beliere I hare read tbe
papers, sir. This, by the way— lam ettremely
obliged 10 my friend from North Carolina — I re-
member him at college. He was a Terv expert
raatheiDBiieian, and doubtless ia so still. But.
aJthougrh I aim but a poor scholar, 1 have a small
smattering in political algebra, and should ha*e
no great Jifficully in proceeding from known to
unknown things, if I had tbe necessary data. With
the aid of X, Y,or Z. we might perhaps get at it —
letters, I believe, which generally designate un-
known quantities..

In another instance I differ from my good friend
and colleague — in relation to the note accompa-
nying the treaty negotiated by Messrs. Monroe
end Pinkney. That note certainly, air^ made no
part of the treaty ne^tiaied by out Ministers with
ibe British Commissioners. If the treaty had
been ratified, that note would hdve made no part
of it. But, sir, when we take into view who ibe
persons were with whom that treaty was negoti-
ated— that very (now) minority, in Parliiment,
who are so ofieo qooled in support of our rights,
and who really appear to have acted towards this
country in as strong a spirit of conciliation as any
HiniAlry that has ever existed, or probably efer
will exist in England— I take this note as a sort
of caveat, in a different point of view from my
friend from Virginia. I take it rather as a mark
of good faith than oftbe contrary ; for, if you make
a treaty with yonr adversary, and he points out
(previous to your ratifiealion of it) cirenmalances
under which he must be compelled to violate it,
be acts more like a man of faooor than if be had
waited till the cireurastancea occurred, and then
have broken it. and assigned the very causes for
so doing whicK he had in contemplation when
it was agreed npoo. fs it not better and fairer to
make such a declaration in ibe Brsi instance, tban
to keep it back as a meq^tal reserralion % Un-
doubtedly it is. There is another circumstance,
applying not to this note, but to that informal un-
derstanaiag leapecting impressment, which I wish
webadaceepted. Ititthis: that treatiei, any more
tban embargo laws, have no lalismaoic powers —
no magic virtues — which prevent them from being
violated. Aod if we cannot trust to the honor of
I party, we cannot trust, with one jot more of
wisdom, to iheir band and seal. In society, you
trust a man of whose honor you are doubtful, under
his hand aad seal ; becaose, if he depart from his
engagements, there is a power to compel his per-
formancK The reason why you take bond of a
man in whom you bare confidence, is, that he may
die; but bodies politic never die. But, if there
could be a man who was immortal, and over whom
no civil povrer bad control, surely if you uould
not trust to his honor, you could not to bis bond.
And there is said to be a species of honor among
a claaa of people (with whom, thank God! 1 have

no acquaintance) morebindingonihem than eveo
the laws of Qod or men. I believe we should have
au equal chance in trusting to the faith of the
British or any other Government in an informal
arrangemenl. as in trnsting to any other security
whatever. I'hese things being premised, sir, let
me say a lilile on the subject of IbeofTet to repeal
the embargo, and other subjects which nreceilcd
the proposition. One of the |>rincipal objeetiona
urged by me o'n the night when the Rrst embargo
bill passed, was, that hitherto the people had heea
obedient lo the laws — not in the sense of not mak-
ing.insurrection against the laws — I mean volun-
tary obedience, from the heart as well as the hand.
The character of a smuggler was disreputable on
the exchange and in the euffee-houi'e : this is an
honorable trait in the character of our merchants.
I anticipated from the embargo that we should
put men to a school of iinuggMng out, and, after
tbe embargo was repealed, they would keep iheir
hand in by smuggling in; mure especially, aa,
after having put them sppreniicei to ihe business,
we have given them no addiiiunal premioro of 50
percent. Test they should not set up for ihemselves
in it. We have given them a stuck — lent tbrm
a lift. I was going to say that I am surprised, but
I am not, cannot, he surprised. Nil aamirari ia
a miuim which every man cuDversant in puliiica
mast sooner or later subicribe to. Tbe demon of
infatuation— unless indeed 1 am mad, and perhaps
I am ; for ihey say that the difference between %
madman and other people ia. that the madman
thinks all the rest of the world is mad, and they
know him to be mad — the demon of infatuation
must have come over this House, before it could
consent to pursue its late and (I am sorry lo say it)
its present poller. You want revenue. Let at
take the thing the regular wav. The cart before
tbe hone — ihat is the ityle of driving now — you
lay double doties, and then interdict commerce,
and that is the way we are to set revenue! A
rumor baa been brouzht into the House this morn-
ing that the British Orders in Council are rescind-
edjanda treaty made. Under any circumaianceB
I should rejoice at this intelligence, but itiore e*-
pMially under the present; fur. send but a copy-
of the Journal of this session across ihe Ailantie,
and you may whUtle for a treaty with any nation
of the tanb — ev'etr with the Barbary Powers,
unless yon bribe them lo it — except you grease the
fists of their Bashaw well with money.

Here a member from New York, near Mr. Ran-
i>oi.PB. said the news was false — that the t/mon
bad not arrived at New York, as was reported in
tbe morning.

Mr. RAHOOLrH.— I am told, sir, that tbe report
is unfounded — that the {Alton has not arrived. The
Union baa not iodeed arrived, sir, nor ever will
arrive, unless we change our. measures, and give
up this system of vibration from point to point —
this wonderful discovery of partially repealing an
embargo. But, sir, on the subject of this double-
duty bill, (as it is cslled.thoDgh improperly,) I
believe it is only fiO per cent. now; in May, laui^
pose, we shall bare another. SO. Suppose a rich
iiierehant,.auch aa my friend frum Qeorgia (Mi

.yGoogIc

HIBIOKY OF CONGRESS.

1172

No»-Inienoune.

PBBBUkRT, 1809.

Trocp) upoke of iha other day-— Mr. Oiav, or
Salum, for initance, to bare a leai on ibi» floori
who could he vote on lucli a bill 1 Voting for il,
wben be baa millioiu of dollars worth of loreigD
ffpodi in hia warebouces, he must rote to put into
nil pocket a per ceniafre on tboae goods equal to
the lax imposed. I have bo acqualDtaiiee with
that gentleman i I am told (^and ilcosta me ooih-
ing t[» believe it) that he is a very good maa.
EnepI he were a very bad man, b^ could not hare
the face to get up here and put IiO,000 or 100,000
dollars into bii own pocket, without reuderiog to
the public one atom of service. One of the great
■ad cry iDggrievBBeeaoftheBritiibDBtioD. though
they have not adfaneed at ^uite u rapid a pace
■ii we have be^un to do in raising the customs, i»,
that every additioital excise on malt, for ioelanee,
if you please, was sd much money at ao iDstaat

£at into the haads of the great capitalists who had
irge stocks od hand ; thus securing, by an inge-
nious species of bribery, all the weight of Iboae
capitalists ou the side of the Ministry, at the ex-
pense of ibe great conauming body politic; and
thus, by a straDge and wonderful political inven-
lion, esublishing tbe position (paradoxical, yet
true) that, in proportion as you raise taxes, you
acquire the power to raine them. In other oper-
•tlooa theteufrioiio(),or resiiianceof the atmos-
phere—somet hi og to weaken them— but in this
yon embodyall the capitalists at every turn of the
•crew, and acquire new power to increase its force.
Every revolution of it goes to Tender the rich
licher than they were, and the poor suU more
wretched. This baa caused tlie yeomanry of that
country, in some distriots, almost to disappear.
Under the operatioti of snch a system, they are
•wallowed up in two olaaees— the overgrown rich
Kod the miserably poor. The middle class— thai
-gn^i staS'tDd stay ol the community — falls into
the one or the other of tbeae detoripiions, until it
«hollf disappear* in tbe ruin of Uia Biate. In
our wisdom, do we recollect that there is now a
-•apply in this country of aome articles — perhaps
a aeren-f cars' anppljr— brought in with a aiew to
«ipotftlion, and entitled to drawback— of coffee,
- tn inatance, of awr, asd all thMe arrielea which
pay a high spacifie dotyl Of ladia goods and
dry goods, all of which pay an ad valorem duly,
there is an immense supply. We lay a lax of 50
p«r eaoi. on the existing duties. Oae of two things
man happen : aiiher that the Don-interooarse law
will. give us tome trade, or that it will destroy all
■trade. If it dealroyi (mde, you (fire so muoh
tnoney oot of tbe pockai of Ibe cooeuming public
to the great capitalists, and that ia all the opera-
tion of^it. You girea handsome bontia. as the
MioistryofOreat Britain do on loans loth^ Bar-
ings, or whoever are the iavoriie bankers of the
day, but get nothiug in return for it, and here it
-ends. But gentlemen aay, sir, ifaal we shall have
this ciicDitous trade, as I remarked three or four
years ago; that ^ou will go to tome neutral isl-
and, at you did in tbe last war to Bi. Eusiaiia,
«nd give aj'oe for a striped blanket. Yea,sir;aad
we are to do it now — to go to a neairal island,
•Bil there make sale of your produce— for whoee

profit? Who will get the rreighi? Tbe nation
who hat the corouiand of the ocean. You wilt
sell cheaper and buy dearer. You are there to get
British manufactures, I have no more doabt of
it, and (hat Cognac brandy will still be drank here,
your embargo and oon-iotercourw to tbe contrary
notwithstanUiDg, than that we breathe the vitid
air; and that we are (o get them loo at double
freight, insurance and commitsions, and under the
additional duly of 50 per cent, besides. And do
you expect that you eao compete with thoae mer-
chants whobave goods here? No, sir. Yon matt
then wait, sir. Thia circuitous trade will come
when tbe price shall have been auch as to enable
foreign supplies, with tbe additional duly on them,
to compete io the market. If I had four or fire
millions of pounds of coffee or sugar, sir, I do not
know what weiffbt il mifiht have on my vote, bat
1 should not think myself a good juror. If nei-
ther the people nor the Government of the United
Slatea chow to ehalleoge me, I should except to
myself; I should Uf that I was not a good juror,
and quit my scat. There are merchants in tbis
country — not one or two, but many — who have
from half a million Io several million* of foreign
dutiable articles, which were brought into ibi)
country io the direct way, paying only the old
impost; and if yon expect that your new import-
ations, forbidden bv the letter of the law, under
double charges and addiiiooai dutiee, will com-
pete with these supplies, you muat be totally io an
error: they csnoot do it.

To what poioi have we gut, sir 7 When Oea-
eral WAaaiNOTON first net up this Government,
if I may say so, for if he bad never existed I be-
lieve tbe Qovernmcflt never would — in what aiia-
talion were tbe poar old Coitgreas? Instead of
such palaces at this, paying at tbe tsteof tWeaty-
five Iboutand dollars a year (the amount of our
contingent expenses) for caodle-aods and obeeie-
parings, they bad not money to go to market —
ibey were literally paupers. Whea General Wabh-
INOTON came to the Oovernment, the first year's
reveooe mnfour millions. Let any genileiaan
compare the revenae of the eight yeara of Gen-
cral WAaaiNSToa'a Adminitlration with bbat of
the eight yeart,cnding the third of March next.
Tlte difference is enorttious. Whenoeis thiagreat
revenue derived J From duties on imports and
tonnage. You sanciioned this system; you tote
down all the system of internal taxation with a
^lorioDi and ■trong hand — thank God, I assisted
m tbe work, nnd snail not soon aasisl to boild it
up again — you kept up the impotta until your
revenue exceeded eixieeo millioas of dollars a
year. Thia Oovernment began a poor people,
with a beggarly exchequer; but we have lottg
been wallowiiu^ in wealth ; we have been boast-
ng of oar millions in the Treasury, betides the
meot of former Ioboh. We have got into a
lit of expense — and with naiiona, as individ-

ils, custom is secotHl nature. We have beeone,
in many branches of our expenditure, profuseand
rxiravagaoi to an alarming degree. Our clerks
in the departmcDls have bigbcf salaries than GoT-
eroois or Judges in respectable Siatea— lo^ at

m

jjGoogle

1473

HISTORY OF C0NQRES8.

1474

FEBBUtBT, 1809,

Naorlnttrcattne.

H. or R.

this edifice, loo, and the monev spent ob Ihii ill-
thriveo brit, the Territory ofCoIumbia. Wben
I see my frieDd frota Sauib Ciiolina, (Mr. D. R.
WiLLiAua.) an apt illusiratioa preieati itself.
Tbe p«ople of South Caroliaa and Qtoigia bare,
for years, become eDormoualy ricb from ibe cul-
. ture of oollon. Buppose a projector were to tell
ttiem they bad better eohi*ate flax ; they would
uy that they bad tbrlTcn by cotton, and bay-
inc thereby accufaulated many surpluB dollars
wEich tbcy could not get rid of without going
every lummer bi BalUtowo Springs, and oibqr
watering places, they would itick to iba cjltu
ofcollon. This was our situation; and now,
aeemi, we have found,' not onlf tbai Qeneral
Wasblnqton wa> wrong in bis tystent, but that
we who continued it were wrong; that erery-
thing done io the first vears of our Administra-
tion wu wrong ; for \{ we were not wroDff,.ii
would be wrong now to Lay iaieroal taxes. And
if we become what my friend from Virginia
wishes td see ui, living wholly witbin ourtelrei,
without trade, in the name of Ood, how is monejr
to be raised but by internal taxes? We caiinoi
otherwise procareit — we louit.send a gauger'inio
erery man's house. Be it so, but I do not wish
tosee it — I bad rather adhere to the aid system.
Yes, sir, we are departing {torn our first princi-

?1e, which was to denre revenue from commerce,
'es, sir, we are killing the eolden goose like ihe
foolish boy in the fable; and, hereafter, like Ven-
ice, Genoa, and other Republics, which bare been
once rich, great, and powerful, the only vestige of
our departed- splendor maysoon only be found in
such edifices as this — palaces of marble, imperial
edifice*, the astooisbment of the world ; but por-
ariy, misery, and want, inbabitiug within them.
No man, if irarellers are to be beliered, can avoid
beiog struck with the oootrnsi in Ibe places to
which I have alluded between their ancient splen-
dor, the monuments of which are stable as the
firandations of Ibe earlh, aod their present wretch-
ed, imporeNshed condition. Yes, sir, we shall
hare ragi and ruffles — tawdry poverty — ''shabby
^^(ility, of all things on earth the most nteao
and repulsive; a situation which will but i,lly
comport with our present luxurious and' expen-
sive habits.

But, sir, it sMms that to repeal this embargo
wholly would be to descend from oiir dignity.
The committee of exterior relations lold us as
much at the beginnioi; of Ibe session. I will ihaak
any gentleman, wbo has it, far a copy of the report.
The report being haodei) to him bys member,
Mr. R. quoted the following passage :

" TbiBn ii no other altemstivs than war with both
nations, or ■ continuanoe of the preaenl system. For
wu with ons of tbs belligBrvnts only wonld be sob-
mbaioa to Ihe adlcts uid will of the other ; and a repeal
in whole or in part of the embtrgo mast nocessarilj be
war or subjnission. A general repeBl, withoot arming,
would be sabmisaion to both natioiu. A geDernl rapsal
and armiDfof oar merchant vessels would be wurwith
both, and war of the worst kind, suflaiing the enemies
to plunder us without retaliation npon th«m. A par-
tial repeal—"

10th CoH. Sd Sess.— 47

The very proposition, as I understand it, which
t wish to gel rid of. Ii is not necessary for me
to read the whole of the committee's reasoning OD
this subject, more especially as I do not, never
did, nor erer shall subscribe to it — nuUius addio-
tut Jurare in verba — "a partial repeal [nust,f(om
' the situation of Europe, necessarily be actual sub-
' mission to ooe of the aggressors, and war with
' the other " It seems that we are neither to have
war with both nations nor a continuance of the
present system ; which will bring the Commitiea
into a dilemma — but as to vu, (I speak in the sia-
gular,^ my withers are unwruag. Suppose, sir,
that, instead of this indecisive slate of acting,
this House had, at the commencement of the
present session, repealed the embargo, aad armed
in our defence itittanler — whit would hare been
the cannequeDcel That yoii must hare had at this
moment, whilst I am speakiag, war with both
nnlions, or an atscommodation wjlh ooe, and war
with the other, or an accommgdaiion with both ;
and 1 believe that the last would hare ensued.

Will gentlemen hint, that arming the merchant-
men is not a dignified resistance, and that the em-
bargo, or this wretched thing, isl What is the
embargo'? it compels your own produce to die
on your hands. It has been said, that our mer-
chants wouUgo to England and pay tribute. The
embargo is tribute, and of the most destructive
sort. It leaves your own produce to perish — to rot
— permitting your adver»ry to throw in her own
goods to any amouoc, and saddle you with a debt
which you will be able to pay no one, T wo years'
importations are to be met with ooe year's crop.
This is a tribuie, sir. I am against any tribute ;
but, if we must pay it, I bad rather pay it wiih a
full pocket than one nearly empty. A system of
r^istance to the belligerents, by arming and de*
fending yourself, is paying tribuie; buteoingout
uader this bill to London, and taking a license, is
not tribute. Quiog to St. Bartholomew's, and
disposiog of your produce to British capitalists
for what you can gel, is not payios tribuie; but
actual fighting is pay iag tribute. That is all right,
iir;farwe ought to have a new nomenelature;
everything is left-handed. The politioal heart is
in the wrong place, when the mock-doctor placed
it JQ the pl>y- Tnis bill, bowerer, is at least as
much resistance as the embargo, and more so : for
the embargo runs you in debl,desiroys your prod-
uce^ and leriesaconlribution on you to an amount
which cannot be calculated.

I shall coQclude what I have to say on this sub-
ject, wiih remarking, thai if we do not repeal the
emlnr^, or do something speedily, we are acces-
sory (lonoeenily, I hope) to one of the rilest spe-
cies ofswiodliog- that ever existed in any country.
I speak from correct mercantile information, of
the most respectable kind. Before the proposi-
tion was made by Ihe gentleman from Virginia,
(Mr. NicHOLaa,) to repeal the embargo, the pub-
lic expectation, ibaufth not high, was at a sort of
regulated standard, tolerably steady, looking for-
ward toa repeal at some lime oroiher. The motion
of the genilemao from Virginia— and I beg you,
sir, 10 recollect from whom it came, the influ-

.yGooglc

1475

HISTORY OP CONGRESS.

t. OF R.

Non-httercourt.

Fbbbdabt, 1809.

aDce and hi|{li credit Willi ihf Ailminisiratwn—
made ihe prices of Fommoditiea slarl, in ■ night,
like mushrooms : sales were made to a great
tmouQt ; when, OD a sudden, sa IT by the stroke of
a torpedo, ihe proceedings of ibis House are ti
numbed. The Comroiuee of the Whole, afi
the vote to repeal the embargo, ii discharged, a
t lakes plnce, and what is the resalil
le barometer not do); went down^
stop at the poitii at which it was

recomni:
The mei
but did

befon

it fell e

1 low

thai

It I

fluctuating ■ little, but

wbieh it stood when the motion was originally
made. Now, suppose a mim in the secret, when
that motion was made, had sold out, perhaps, to
the amount of half a million, at au advance of
from 26 to 331 P" cent.; a few days afterwards
Ii« would be able to buy the same commodity at
perhaps a price as much below par as he sold it
sbore — making a diBerence of from 60 to 664per
cent. Should auch gambling be encouraged 7 The
people want to know what way we are going —
whether North or South, East or West. If ihey
could guess, within Gse points ofthe political com-
ptss,(aad I doubt whether we can Within fifteen,)
they would be eaiisGed : they will know what they
have to depand oD. For, whether we take off the
embargo in toto, or partially remove it in law, and
wholly, in point otjael; or trbetber we shall go
to war, or nave a non-importation, with double
duties OQ importation to procure a revenue, is not
more material than that they should know what
we are going lo do. Andwnatever it ia, let us do
it with ell possible expedition. Let us decidt,
for there are now but a very few days to the end
of our political life : and. really, with thii sort of
manKgemeni, I am not without my fears that Ihe
session will be spun out without doing anything,
kod the embargo will be wholly kept on till the

pelled very reluctantly to state to the House ■ few
of those reasons which would inQuence him to
for striking out the 18th section of the bill,
those dependent upon it. The present temper of
the Hooseaffords, indeed, but little encouragement

iaaid Mr. C.) to say a single word on the subject.
t would seem from what has taken place while
other gentlemen have been up on this subject, as
-' - ' ' ' ...—.■... 1.-J niade up

if every member of the

his opinion, and felt an indisposition to hear thi
question examined. This however cannot justify
me in omitting b duty I deem important. 1 hope
also I shall find some excuse for the short time
I may occupy, in the circumstance, tfaat it has
not been in my power for sometime to attend Ihe
House, and have not therefore bad the benefit of
the discassioQ that has taken place on this sub-
ject. And this may be one cause of the great
surprise I feel at finding the House at this mo-
ment occupying a ground so dififereat from that
they occnpred a few weeks ago. It may be if I
had witnessed the several steps taken in the pro-
gress to the present siaire of the business my aa-
touishmeni might be less, but I do not believe

my approtmiion' of the present measure woold be
greater. If, in any remarks I may make, my sar-
prise at and oppoaition to this measure shonld be
expressed in terms lha,t may be thought by some
eitoer too harsh ur loo strong, I trust it wilt be
ascribed to the proper cause, and aot lo any de-
sign to wound the feelings or impeach the mo*
lives of any genileman. I deem it however my
duty to state as eiplicitly as in my power to my
constituents and the nation the view I eatertaiu
of the subject ; and as consistency is, in my opja-
ion, of some importance in every pursuit of life^
and much more so in legislation than in any
other, I consider it necessary to endeavor to show
that my ccmdunt in voliog aiainst the proposed
measure of a partial repeal of ihe embargo iscoo-
tislent with the course I have heretofore poraued
and the opinion* t have expressed. If I could do
this without at the same Itme exposing what ap-
pears to me ineonsiatent in the conduct of some
ocliei members of this House, for whom I eutet-
tain the highest respect, ir would give me much
pleasure; but this may not probably be in mf
power; for really it appears (o me, sir, from the
observations I have made during the few hours I
have lately been able to attend the House, that
something like enchantment had entered these
walls and thrown its influence over some of ihe
members of the House, of which they are sensi-
ble, bat the effects of which ihey do not wi^h lo
be removed, as if there was nomething clelieioDS
in the delusion Ibey would not williogly part

The slate of my health will not permit me to
discuss at length the merits of this measure. I
shall only he enabled to state some of ihe more
prominent reasons that induced me lo rote for
ibe matioDi I have not, as already slated, heard
all the arguments of gentlemen on ibis subject.
I shall not, therefore, attempt to answer those of
any gentlemen in pariienlar, but only preseoi the
House with the view I enteriBin of the subject.
If, in doing this, I should repeal arguments ad*
vanced by other geuilemen, as probably will be
Ihe case, I shall find an excuse in the reasons al-

I am in favor of the non iiitereoune law now
before you, aud, always have been, as connected
with the embargoj believing those combined
measures would constitute a strong and energetic
svstem that would operate most powerfully on
toe inlereat ofyouradveritariesjand maintain the
rights, the character, and honor, of your own
country. But I am opposed to a repeal of Ibe
embargo, either wholly or panially, unless yoa
take a measure at least etjually sirong in its
place. This was my opinion since the' com-
mencement of the session, and I had fondly in*
dulged the hope uolil very lately itwaa the opiu-
iOD of a large majority of the House. It is my
opinion that, under existing circumstances, the
interests of the nation, as well as iis honor
character abroad, require the embargo to be
:[nued until the time arrives, at which it will
be necessary and proper to take, in its place, a
Etrooger ground, a more efficieut measure of re-

.yGooglc

HISTORY OP CONGRESS,

1478

Fbbritaiit, 1809.

ffyn- fntereaurie.

M.C

!, which, ID my ?iew, must be i
I need hardly repeat what I have already slated
on this floor, that it has always been my opioioD,
the moment yoti retrace your steps, or abandon
the ground yon have laliea by a retrograde
tioD, you gink the character, and dre a \
blow to the honor of the nation. You have as-
sumed a certain stand; if you retrea ^
knowledge at least a partial Tictory gaioed by
the enemy, without siriking a single stroke, and
fix a stain on the reputation of your country that
years of valorous exertions, and the blood of (hou-
aands of your brave citizens, will hardly efface,
I cannot believe the public sentiment will justify
such a measure; and in lesn than six mouths, the
members of this House will be convinced ihey
hare mistaken the present disposition and wishes
of the American people, if ihey suppose, as has
been suggested, they would wish the embargo
lemoveil without lUDsliluting a measure at least
etiually strong in its place. I have always con-
sidered it a slajiderupon the peopleto assert lhe_y
were unwilling lo suffer ^ny privations, or meet
even all the calamities of war, to maintaiti iheii
lights and independence. But, at this time, a
continuance of the embargo, strengthened by a
non-intercourse, until the extra session in May,
would, in my opinion, best promote the real in-
terests of this connirv, according to every view
that can be taken of the subject. I consider the
present the most critical moment that has occu
red for a long time ; and the chances for a geni.
wl peace in Europe greater than at any period
since the commencement of the war. It is also
the most likely to produce an accommodation
between this country and the belligerent Powers.
If the subject were pursued, these points could be
established beyond a reasonable doubt. It i
not be denied that Great Britain feels your
bargo at this time much more severely than at
any former period — that its pressure is increased
at this moment almost a thousand fold. She is
shut out from the Contineol, whence she can re-
ceive no supplies, and where she cannot find a
market for her manufactures. For fourteen
rooDlbt she has been substantially deprived of
supplies from this conn try, whatever may be said
respecting the evasion of the embargo. Every
circumstance conspires to make it het interest as
well as ber duly to adjust her differences with
your Government. Your own people have en-
dured the pressure of the measure daring the
same time, and have Buffered almost all the diffi-
ctillies they would have to bear until n fair and
full experiment of the measure was made. Fur
I am and always have been of < opinion, if you
persevered in the emharKO system until the next
session of Congress in May, it would not be for
the interest, or consistent with the honor of ibe
nation lottger to coniinne it. During thatsea-
•ioD att honorable peacej securing our rights, or
actual war.must probably result from the present
state of tbinga. Yoti have but two or three
months longer to persevere in your measure to
make ibe experiment complete. By that time
the result of the war with Spain mast be koown—

the final result of the
g-reat bellig

Powers will have taken their ground; if they do
not withdraw their destructive edicts before that
lime, I would say, (what the whole nation would
I presume support,) ." it is in vain to wait longer
relying on those measures ;" I would risk all Uie
calamities of war, rather than longer submit to
foreign aggressions. But to repeal the embargo
at this time, is to expose to all the hazard of cap-
ture the property that has been saved by it for ,
fourteen rooinhs, and for the preservation of
which it was laid and borne by your people dur-
ing that lime; and which will in all probahiliiy
be swept from the ocean by the cruisers of the
belligerents.

If those Powers would have taken your vessels
when the embargo was laid, what is there to pre-
vent them from taking them now? I have heard
of no change in their measures, or in their dispo-
toward^ us; no such thing is pretended. I
of no protection we can now afford our
commerce that we could not then have given. If
it is proper the embargo should now he only )>ar-
tisli It certainly ought to have been so laid origi-
nally. The reverse ot this must also be trns;
which is the proposition intended to be estab-
lished ; that if sound policy required the embargo
originally to be eeneral, which seems lo be ac-
knowledged by an those who voted for it it ought
still to eonlinue so ; and, as no change of eircijm-
stances has taken place, there is nothing to justify
a change of measures. J am not for war at this
lime, or at any time, if it could be avoided ; but I

t this

eforw

r again

or both of those Powers, rather than for a partial
or total repeal of the embargo, or any measure
whatever, that would d^rade the nation. I am
opposed to a partial repeat of the embargo, the
question now before the flouse, because it is, in
IrsI place, surrendering the i^round you have
n. It, also, in my opinion, amounts substan-
tially to submission to both Powers, and, in faet
find practice, is submission to one — Qreat Britain.
The ground on which you resisted those Power*,
was, that as ihey had cut off your trade from
Europe, you would cut off their supplies from
■ erica." There was no other ground on which
raedtore would be supposed to operate coer-
fly. By the proposed partial repeal of ibe
embargo, you furnish. Qreat Briuin with all the
supplies she may want from you, at her own
price, as there will be little. or do competition in
the market; and, in addition, you deprive youc
own, raerehaoia of the benefit of carrying yoot
produce the greater part of the voyage, and throir.
It into the bands of those of Great Britain. Yon
say to yoorown citizens, you shall not carry your
produce direcily to Great Britain, but you nuy
so to Bartholomews, or to Lisbon, unless it be in
the possession of France, which however is very
probable, or lo Ooltenberg, if not in a similar sit-
uation, and there deposit your produce, to remaiti
unsold, as there will be no oiher demand for it
until Qreat Briiaio shall receive it at her own
prices. She will only have to wait until the

.yGoogIc

HISTOKT OP CONGRESS

1480

H.orB

Non-Intercoune.

FsiROLRT, 1809 .

market i* gluited, wbicit vlll ba Ihe cbm in a fev
week), lo gel il at a price less tban firsi cosi. I
mud ask of the Hoose to be indulsed ia reading,
in support of ihit itateiDent, part of a report made
bj tbe CommiiieB oa Foreisii Relatioaa, lo ihM
House, soiae time ago, which ooDtains my senti-
meois, aod nhicb' I wiih lo be coosidered a* part
of my reaioniDg on this lubjecl. It begins on ibe
twelfth page ofthe report;

" A partial npeiJ must, from tha (itualiciii of Eu-
rope, nBcsiuiil; ba Klual lubminion to one of the
' aggratior*, and war irith Ihe other. Ilbe lait poaition
ia the only one on which Ihiie can be any donbl ; ind
it will be moct ntisficlorily demomtiated by selecting,
imonx ths aeierBl modifications which might be lug-
geatad, thst which may on firat view spprar the leaat
eiceptionable ; a proposition lo rcpei] the embargo, ao
far aa relatea lo thoae Power* which have nol passed,
or do nol eiecnte, any decrees injuriooa to the neutral
rifhu of the UnilMi Btates.

■It i( aai'd that tha adoption of that propoaitlon
would Testore our oonunerea with Ihe natiia Powera of
Aaia and Alhca, and with Spain, Portugal, Sweden,
and Roaaia. Let this be taken for granted, allhongb
the precise line of coadott now puiaued by most of
tboaa nations in relation to the United States, ii not
Mrractly aaceitaineil. tic far aa relatea to any ajTan-
tagea which would result from that meaaure, if con-
fined to iti ostensible o^bci, il will be sufficient to
obeerre that the exports of articles of the domestic pro-
duce of the Unit«d Stales, during tha year ending the
30th September, 1807, amounted to $48,700,000, and
that the portion exported lo the cauntriei above enu-
merated, falla short of seven millions ; an amount too
bconsiderable when compared with the bulk of our
exports to dAerre attention, even if a qneatioii afiect-
ing tbe independence of the nation was to be decidi '
bf GDnoiderationa of immediate proGI.

"Bnt the true effect of the proposition would be
a]Mn an indirect trade with Great Britain, wbii
through 8c BartlwloBaw'a and Havana. Lvbon, Ca-
dia, or Qoltanburg, wonld^raeeiTe, at prion reducad by
glullad markela, and for want of conpatition, all the
pMTiuoni, naval atorea, taw materials for her mauu-
facturas, and other aiUcles which she maj want. Wha-
Ihar she would be aatisSed with that favonble state of
thinga, or whether, contideiing that boon aa a pledge
of nnqoslifted aubmioaion, she would, according to the
tenor of hei orders, interrupt our acanty comioei
with Russia, and, occasionally, under aome new pi
text, capture mther ttian purchase Ihe cargoes intended
for her own use, is equally uncertain and uniniportant.
Nor can it be doubted that a measure which would
anppty exclusively one of the beHlgBrenla, would be
war with the other. Connderad merely as a question
of profit, ii would be mach more eligible at once ti
laiae the embargo in relation to Oreat Britain, as wt.
would then, at least, have tbe advantage of a direct
naAet with Ihe ooDanuer. But the propoaitlon can
oaly be defended on die ground that Franca is the
onl^ aggreaaor, and that, having no jnat reason to eom-

gain of England, it iaoor duty to submit to her order*,
n that inadmiaaible auppoaition, il would not only be
mora eandid, but also a more dignified as well aa more
advantageous courae, openly lo join England, and lo
make war againat Fiance. Tbe otgect would be clear-
ly understood, an ally would be obtained, and the
mean* of submission might be better paUislnl."
These were seDtinieutt presented lo ibe House

about three moniba ago, as having been agreed lo I
by all the members of the committee who report
'ra excf pt two, and conaidered io a great d^ree
tbe prevalent opinion of a great, majority of
the House. How the gentlemen have foand it
convenieot since lo change ilieir opioions, espe-
cially those who agreed to that report, ia oot for
me to say. What circumsiances hare since taken
place to jutlify a change, ate wholly anknowa to
me. But as I cannot reconcile it to myself to
change mf opinion without aome reasoD for it,
and believinfc what was ihea for tbe iotereat of
my country ii atill so, I must eniertain the same
opinions now I did iben ; and cannot jusiify my-
self to the nation in sbifiing my ground, arbeo
no change of circumsiances has taken place lo
satborize it, and aavio^ that what was then con-
sidered dishonorable, is now become honorable
and proper. You will observe, sir, that when the
report of the Committee of Foreign RelaiioBa,
together with tbe resolution accompanytDK the
same, were presented, in which it was stated that
there was no aliernaiire but a. continuance and
enforcement of tbe present suspension of com-
merce, meaning the embargo, to be aided by &
nan-inleicoune dr war, it aerer entered tbe head
of any man as far as is known that the nan-inter-
course was to be considered a substitute for ibe
embargo. Aqd, with all due deference to tbe
opinions of gentlemen, I can see as much reaaon !
in asserting that night is a substitute for day, as
that a nun-intercourse or no n-im porta lion, as pro*
posed, is a subsiitute for the embargo. 1 have
aaoiber reason which operates with me to sote I
against a partial repeal of the embargo- The
present stale of things renders it more than prob-
able, that we shall roon have to enter the lists of
war with one or both of the belligerent Powers.
Your great and powerful' enemy, Qteai Britain,
has now within your territory property to the
value of about twenty millions sterling. By ibis
very measure you open a door to her to jget aome
all oer property, and in those very articles, too.
which she moat wants for her mauufaetures, ana
for supplies of proTisiona. In case, therefore, yon
go to war, you, b* tbia means, deprire yoarsclf of
the strongest hold you could bave upon your en-
emy. Yes, sir, you do Ibis at ihe rery point of
time when that Power which baa, for jeara, been
committing eirery species of depredation on you,
is evidenify on [lie tenterhook of suffering, aod
probably, on the poiat of relinquishing, aa neces-
sary 10 her own interest, ibal unjust system which

have long been coDtesiing. At ibis impar-

moment vou step forward, and, insieaa oi

holding out till tbe result is known, you throw

into her lap all she can require; you gireher your
trade and auirender your neuiral rights and char-
acier. This will most indubiubly be ihe result
of this measure, and I m^bt defy its friends to
show that it would produce any other. At the
very lime when your own people are rallying
round the standard of their QoTernment; when
they are about to shake off that timidity, thai
alarm, that restless disposition which the first
pressure occasioned by the smpeDsioo of com-

.yGoogIc

1481

HISTORT OF C0N8RESS.

1482

Nim-htercoune.

most everj qaarier of the UDion, decUnag ih^it
decermi nation, and solemaly pledging themselves
to support your niPasureB, to maincaiD the em-
bargo or ((O to war, if necessary; to do anytbing
but submit — at that very momeot.iDslead of being
ioriied by a similar patriotic eniiiusiasm to throw
vouraelires in front, aod to lead them oa to the
nonorable coatesi, yoa abaodon the ground you
have already occupied, yon cheek their generous
enthusiasm, and leave ihera the nortiSeation of
seeing tbeir country diiigraced, aod their bMt
interests sacrificed by a timid,~teiDporizing policy,
tbti must, if persevered in, tlud the nation. The
people already feel the reproach your measure
will draw down upon them from foreign nations,
they tell you, in (he strongest terms, that you
have deserted your former ground, which itiey
were ready and willing to support j and they will,
sir, shortly tell you so, io a tone that will make
many of the advocates of this famou:

remble

I tbeii

cal t

e before staled on this floor, wlien I had
no idea that I should ever hare to oppose a meas-
ure of this kind, supported by thoae who appear
now to be its friends, that sach would be the very
measure toot bitterest enemy, Great Britain,
would wish you to adopt; that, if she had an agent
on this floor, she could not present to tbis House
a measure belter calculated to answer her pur-
poses, and to carry into effect her Orden in Coun-
cil. 1 atn still oi^the same opinion, for ber navy
will preTent, io a great desree, all trade (o France,
and thus throw into Jiei hands all your prodace,
■II the supplies sbe wants, through ine medium of
depots, more advantageous lo her and more ruin-
ous to you than if she nad a direct trade with you.
I cannot, sir, change' my opinion of the measure
demanded by the true interest of this country on
account of tne yell of insurrection, rebellion,'or
severance of the States, however loudly vocifer-
ated in certain quarters of the Union. I cannot,
on this account, see our relations with foreign
Powers in a different point of view from that
which they before presented to me; ihey still ap-
pear to me the same.

There is another reason which powerfully ope- '
rales with me lo oppose ibis part of (he bill, and
one whicb I cooceire (o be of much importance,
though not equal to that which I have stated. It
is this : that though you relieve yoor enemy, you
do not furnish any substantial relief lo your own
people. No, sir; I am convinced that, in less
than three months from Ibis day, should this
tieasute succeed, produce will sink i>elow the

K ice which it now bears, or ha» iMirne for the
St year. There are but few places to which you
can go, and those will naturally become glutted
for want of competition; and, in ft short time, the
prices will not pay the original cost. It will,
therefore, afford no substantial relief. The relief,
loo, which it may afford will be partial, conGned
to certain portions of the Union, and not equally
beneficial to ihe whole'. Tobacco will And no
market; cotton a temporary market only— for,
Blihoagh Great Britaia wilt receive it, yet, as we

on hand than she will immediaielf

lake

e of,

trade (o the Conirnent will
undoubtedly be interrupted by Great Britain, she
has no(hing to do but wait a few days, weeks, or
months, and buy it a( her own price.

Another ground has some weight on my mind,
and I conceive ougbt to have some welgnt with
every member of this House. I do believe ibis
measure, unless considered by Great Britain as a
favor to her, unless she believes you have at last
seen (he ptopriety of taking part with her in the
contest against France, will produce war, and
that of the most disastrous kind, upon your own
commerce. So s^on as your immense commer-
cial property is again afloat on the ocean, your
enemies, who have told you from lime to time
that your measures were of a hostile nature, will
find lit convenient to consider the course you are
now (o take as sufficient cause of war, and will,
under this or some other 'pretext, sweep your
property from the ocean, and (his you cannot ptt-
vent; you have not the means of protecting your
commerce, and what is still more provoking, this
will take place after you baveimposed, for more
(ban a year, a severe pressure on the peonlcj for
the express purpose of preserving your Iraiie rrom
nrecisely sach a fate as I think it will share. Yon
have heretofore saved your property and seamen
by (he embargo. Tbis is not denied by any hu-
man Eeing of common sense and candor, I con-
ceive you are now about to throw at the mercy
of Great Britain your whole commerce and sea-
man (ba( have been so long preserved from her
grasp. This appears a strong reason against re-
scinding the embargo, more especially as it will
aflord your own people no substantial relief,
who must still sustain the pressure of low prices
aod markets for their produce.

There is another reason that operates conclu-
sively with me to oppose the repeal of the era-
bargo: thert is no adequate substitute proposed
in its place. You are (old indeed by some gen-
tleihen (ba[ the non-intercourse is a complete
substitute for it, and a more efficient measure. I
could hardly believe, if I had n^t heard the as-
sertion made, that any man who had reflected on
(he subject woold hazard such an opinion. The
non-intercourse, or rather non-importaiioD, de-
prives yoor enemies only of a market for their
manufactures. It catinot, therefore, produce any
immediate effect. Great Britain sends you her
goods in semi-annual exporlaiibns; she could not
of course feel its effects nensibly in less than six
months or a year. On ihe'otber band, the em-
bargo deprives bet of supplies — of the provisions
necessary for the support of her people, aod the
raw materisrls necesnry for her manufactures.
The loss of ihese she would certainly feel much
mor« sensibly than the want of a market for her
goods. Besides, the embargo has been pressine
-severely upon her more than a year, and its ef-
fects are at this time most seriously felt (hrough
all her dominions. To say, therefore, that the
non-importation is a complete snbstiiute for, or
is n KroDg t measun aa the embargo, appear*

Digitized oy

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1483

mSTORY OF CONGRESS.

1484

H. or R.

Non-hUereourtt.

Febbuabt, 1809.

to me aa nbgard as to asuTt ihal midoi^ht dark-
neis is as briglil as ibe noonday son. Tbere ii
■one other circuniBtance which would seem to
nut (his point beyond all doubt. The embargo
IN to be repealed on the 4th of March, ths nan-
intercourse or non-iraporlation is not to take ef-
fect uniil the SOtb of May, of course there is a
chasTD between the lerminaliia of tbe one aod
the commencetneol of the other of more thao
two nionibs ; during this time it will not be pre-
tended there is any substitute whatever for the
embarfto, unless pentletn^n can fancy the shade
of the non-intercourse will anticipate its real ex-
istence and fill up the qhasm. During this period,
then, there is neiiher embargo nor non-inter-
course, nor even the preiezl of a tubslitute of
■n^kind; it is a'Toid to be filled up with the
oflering of humble sobmimion and naiiooal Jeg-
redation. Again: it appears, to be a very aene-
lal opinion that during the uezt session, if jus-
tice be not done us by the belligerents, war -must
be tbe result ; that.it would not comport with the
iniereit, the honor, or independence of the nation
longer to endurC aggressions. The Dan-inter-
course expire* at tbe «ad of the session ; its du*
ration cannot, a* now limited, exceed a few
veeks; its life and death mii{ht be announced
almost by the same toll. With what pretext,
then, gentlemen can consider it a substitute for
tbe embargo, or calculate on its coercive opera-
tions, is difficult to conceive.

There is another rround of objection to th
measure which has neen noticed by the gentli
mail from South Carolina, (Mr. D. R. Wil
lhhb,) and urged with considerable force, which
is this: That putting the non-iotpicounein place
of ibe embargo, relieves one part of tbe Union,
and imposes the pressure upon the other part.
The embargo operates equally in a great degree
on the different parts of the Union. Thenon-
intercourse would press most severely on the
Soulbern and Western States, vho depend chief-
ly on the immediate exchange of their produc-
tions for foreign goods, and would ihruw ajmost
the whole commerce of the nation into the bands
of the Eastern States, wiibout competition, apd
also add a premium on their manufactures at (he
expense of^ the agricultural inlerect to tbe South
and West. Foreign goods being excluded, the
manufacioring States would furnish tbe rest of
(he Union with tbeir manufactured goods at their
own prices. Hence the nOn-inlercourse would
operate partially against the Southern aod West-
ern, and completely in favor of the Eastern
Stales, and hence tbe most cogent reasons I have
yet discovered why the Eastern genilemen are
almost to a man in favot of it. 1 shall always
feel disposed to support measures that operate as
.equally as possible on the different parts of the

Union, but shall deem it my duty to oppose
e partially; and shall fee'

par-

ticularly my duty ID resist snch whi
fects are against the interest of those I have the
honor to represent. I had supposed a correct
view of the effects of this measure would have
beea concliuive with every member from the

Southern and Western Slates to vote against it.
I will briiffly notice here a proposition as con-
nected with this subject, which has been fre-
quently mentioned in discussion, as well as in
private, as a substitute for the embargo, which is,
to Buihonze your merchant veisels to arm for de-
fence against the belligerent Powers. This ap-
pears to me a novel, weak, and undiguiGeJ meas-
ure. It would afford no substantial proleclion to
your commerce, might irritate, but could not sen-
sibly injure your enemies, and being unknown to
the law ofnalions in the shape proposed to he
adopted, would at least have tne appearance, if
no more, of injustice. It is believed (o be unpre-
cedented in tne annals of nations to authorize
merchant vessels to arm for defence against tbe
public ships of civilized Pijwers in whose Gov-
ernmenls there is ground to place conKdeoce.
You arm against pirates as you do against rob-
bers, because you have Do. confidence in their
justice, or regard for the common rights of soci-
ety, and feel no security even in their promised
friendship.

When, therefore, you authorize your merchant
vessels to arm a^iosL Great Britain and France,
you announce to the world that they are in your
estimation pirates, worse than the Barbary Pow-
ers ; you treat theni as such, and avow vour want
of confidence in their Qovemtiieois, laws, and
treaties; in fact it would amount to a declara-
tion that you would have no treaties with ihem.
How those Powers would act on such an occa-
sion I shall not pretend to say.

If your metchanC vessels were merely permit-
ted to arm without any express authority from
QoTernmeut, they would be considered as pirates,
and treated as such by every Power with whose
cruisers they came in collision. If on the other
hand you give them express authority to arm,
they carry your flaff; they are nndei your pro-
tection, and you will be responsible for tbeir con-
duct; you will have to account for their acts,
and they will undoubtedly involve you in war.
These reasons appeared to me to be so conclusive
against adopting this measure, that it was mat-
ter of Eome surprise to bear it so often noticed
with appro bat ion in private eonversations,aswell
as on this floor.

It has been said in support of the proposition,
that on a former occasion in this GSovemmeat
you passed a law authorizing merchant vessels to
arm against France. I shall not at this time in-
vestigate tills subject at any considerable length,
but will only refer the House to tbe laws parsed
at that time respecting it ; and gentlemen will
see that so far from arming our merchant vessels
alone for the protection of commerce, it was a
regular system of war commenced and carried
into effect by several laws, all passed in a few
days. The system of arming our merchant ves-
la alone was never calculated on as a separate
easure, and could not have heeo intended to be
.rriedinto practice, without authorized war, and
reference lo the laws themselves will prove this.
Tbe first law passed at that time on i^e subject
bean date the asih of May, 1798 ; it authorized

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1485

HISTORY OP CONGRESS.

U86

Febrdarv, 1609.

NoK'Intereouite,.

H. OP R.

tbe President of the United Statrs
' aod dirccl ihe commandera of ihe armed re«sels
' belongiogto the United Slates to seize, take, and
' brio^ iatoany poMoftiieUDiled Stales, to be pio-
' ceeded Bgainst according to (he laws of nations,
' any such armed veasel wbieli shall have eom-
' ' iDitted, or which shall be found horeriog oa the
* coast of the United Spates, for the purpose of
■ committing depredations on tbe Tesselt belong-
' ing to ciiizeas thereof; and alsalo retake any
' abip or vessel of aay citizen or citizens of the
' United Slates, which may. have been capiured
' by any aucb armed vessels." The next law
which passed on the 20lh of June, 1796, is ibe law
alloded to, aulhorizin^r iQercbant vessels to " op-
' pose and defend aniost any search, reHtaiai, or
' seizure, which shall be atiempled upon such ves-
' sel or upon any other vessel owned as aforesaid.
' by the commander or crew, of any armed vestel
'sailing under French colois, or acting, or pre-
' tending to act. by oi under the authority of the
' French Republic ; and to repel by. force any as-
' sault or bosiiliiy which shall be made or com-
' initted on the part of such French or pretended
' French vessel pursuing such ailempi, and may
' suhdue and capture the same'; and may also re-
' take any vessel owned as aforesaid, which may
'have been captured," itt.

What was the result of this law? Befbre your
merchant vessels could arm and be prepared for
sea, before this measure, so cxiraordinary inilaelf,
if considered separately, coiild be carried into ef-
fect, or practised Upon, on the 9th of July follow-
ing, only fourteen days after iis adoption, a law
was passed, evidenily a part of the same system
and most prohahly before Ihe Legislature at Ihe
same time, authorizine the President of the Uni-
ted States to instruct toe commanders of the pub-
lic armed vessels of the United States lo subdue,
seize, and take armed-French vessels, dtc, where-
ever found, &c., and also to grant to the owners of
private armed ships and vessels of tbe United
States who shall mat^ application therefor, special
commisNions, S^c., aoiborizing them to subdue,
eeize, and capture, armed French vessels, dec, in
the same manner as the public armed vessels of
the United Slates may beoy law, An. This was
In substance and effect issuing letters of marque
and reprisal.

[Mr. RAHnoLPB asked leave to explain — Mr.
Campbeli, gave way. Mr. RANnoLPR : As the
gentleman who has just given way to me was
Dot in the House at the time that some observa-
tions were made by myself on thissubject, I could
not suppose thai he had alluded to them. Tttey
were made in reply to my friend from South Car-
olina (Mr. D. R. WiLLiAHB.) Unquestionably
the gentleman is totally mistaken in the view
which he has takea of the proposition, if he refers,
to that made by myself for arming our merchant-
men. And certainly it is not mailer of surprise
that he should be so mistaken, as he is mistaken
as to the operaiiou of this bill. 'He says the uon-
tntercoursewill not take place till next Sumtaer,
though the fact is directly the reverse ; and he is
equally miatalnaaa.to llw opantion of iballaw,

which he says granted letters of marque and re-
prisal, which authorized ihe capture of armed
vessels only, and Dot of unarmed vessels. I have
nothing more lo say at this [irae.j

Mr. Campbell said, he really did not perceive
the necessity there was for the gentlemen to say
anything on the present occasion ; for he did not
hear the observations he had made on this subject
when formerly before the House; and did not
allude to him at all. In regard to mistakes, said
Mr. C„ I presume the genllemen attends more
10 those of others, than to bis own. The time
proposed for the non-intercourse to commerce, is
stated iu the bill, which is on wery man's table)
and is the 30th of May. There could therefore
be no mistake oo this point. I did not even know
the genllemen had made such proposition as he
stales in regard to permitting merchant vessels (B
arm, and I could scarely believe any one would
seriously risk his reputaKon in making such. I
merely noticed the proposition as it has been fre-
quenily mentioned in discussion and in converse-
lion. The laws which I quoted are precisely aa
1 have staled ihem ; there was no mistake what-
ever made in regard to them, and ihe gentleman
can point out none. And in order to show the
Housa that in this respect the eenileman hirosel/
must have been mistaken. I wmI' turn lo Ibe tawa
and read those parts to WDLch I before alluded.

[Here Mr. Campbblu read the laws before
quoted].

The House must now perceive those laws were
correctly stated. They authorized the capture
of all armed French vessels, by the public and
private armed vessels of the United Slates. With
regard to the practical construction given to the
terms "letters of marque and reprisal, verj little
will be found on ihe subject in the writings of
the'besi jurists, with which we are acquainted.
The meaning of the terms themselves woutd ea>
able us to form apretiy correct idea of the author-
ity they would give — and the authority to capture
armed vessels ij as much within their meaniug,
and has I presume been always so considered
until tbistiine, as the aoihoriiy lo capture tilt-
armed vessels. Litter.i of marque and reprisal
might include the auihoriiy to capture either
vessels of the one or both descriptions. Tbe au-
thority however given by the law in question waa
to capture all French armed .vessels, public as well
as private, and clearly proves the position I have
taken, thaitheohjectwasopen war with France;
that there was no inientiou of relying on arming
your merchant vessels for the defence of cont-
merce, without war; that when Government au-
thorized their merchant vessels to arm for defence^
ihe'jr did it as a part of a system of open war,
which was then in a state of preparation, and
imipediately afterwards carried into effect. In
this ihey acted consistently with the practice here-
tofore of civiliied nalioos. And it is believed no
instance can be adduced of one civilized oaiion'a
authorizing her merchai^t vessels to arm for d^
fence against the public vessels of another civil-
ized Daiioo,'with whom the former was at the
time on tami of peace.

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1487

HISTORY OF CONGRESS.

H. opR.

Non-Mereoune.

FeaNDART, 1809.

I( was Dol mf in(«)tion, lir, 1o hire deliined
tb« House lo loog. To iheir ioilulgeaee I owe
•D acbaonledgmtnt. I will oloie the remark*
I have to TDake, by brifSy repeatipg — ibatbelicT-
ing, a* 1 da, that ibe propond partial repeal of
the embargo will be abaDdoning tbe ground of
reiiManoe tjD foreign aggresiiom we have taken,
will degrade the noaor and character of the na-
tion— will Dot afford any lubtlaoiial relief to your
own people ; that you adopr no real lubsiiiaie in
it* place — ihai it will favor the views of your
fluemiei at home and abroad, wbilii it will disap-
poiol aod damp the spirits of your best friertds,
and incur the di«p probation of a great majority
of the Aroetican people ; and also in addition to
all this it will most probably prod nee a *ar of
depredation in whioh your commerce will become
an easy and sure prey to your enemies ; believing
all this I am decidedly opposed to ii, and ihail
Tuie in favor of the motion lontikeout thetetiioD.
Should this notion not prevail, ai will proba-
bly be the case, I will not at present declare what
my vote may be on the final passage of the bill.
It ■omeiimesbecome* necessary to make a choice,
tliongh it will be a very reluctant duty, between
evils; we are compelled to take tbe lets in order
(0 avoid the greater. This may ptobably be aueh

Mr, Maoom laid that thne was not a elearfr
proposition under the sun, thaa that tbe embargo
bad been and wat still the shield of our safety.
In the early part of the senion ha had stated his
impression that there were but three a Iter natives,
to go to war, eoDtinuc the embargo, or to tubmit.
He was still of the same opiaioD, »ad thongbt it
demonstrable that ewiy propotitioa made, which
bad fur its object the remorai of the emba^o,
was either waf or submission.

Takeoff the embargo, said ha, in anyway yon
please, if ibe orders and decrees remain in force,
and where can you go 1 Only into trouble. The
•mbargo d id and does prevent Qreat Britain from
feltiog your, property under ibe Orders in Cooa-
cil. The mercnanlsor thiscoimtry, wbeHordera
were issued by Qrett fitltaio. which did not go
half so far as at present, forced upon you the pro-
hibitory law. I did not wish it. I tbooght the
measure was unwise. At that time the Chesa-
peake had not been atUcked. Those decree* hid
not been issued, which now make me wish lo
cooliDueiheembargoforaloDger lime. I would
try it till September. 1 bavesiated before to Ibe
House, ihat if we went into the war we should
be thrown on the side of Franee — I hope not
into her erms, for I want no eniaogling alliances,
nor treaties, more than we are compelled to make.
Suppose you repeal tbe embargo, and in order to
go to France, first go to England and pay her what
duty she chooses to exact. Would not that be
•uJmission? S appose you refuse to trade with
France in consequence of the Orders in Council —
would not that be subminion? Both these easea
would te my mind he SDbmiselon ; and that all
the evils imputed lo tbe embargo are charge-
ahle to-tbf. decrees and orders, i believe, as 1 do
that this measure has saved you Irani thesi oafo-

rioDS doings. Let your merchants out. and, bo
matter wh«ra they go, the whole system is at an
end. The merchaots wilt trade lo Kngland. Lrft
it be reeollfcted ibat Mr. Erskine, in one of bis
letters lo Mr. Madison, staled tbat the object of
(he duty on cotton was to prevent the mannfae-
tures 01 France from rivalling the mannfactares
of Great Britain. Da you expect then^ that Great
Britain will let the cotton go free? No, air.
How is it with another article— tobacco 1 I talk
about thesa articles, sir, because they are tbe pro-
duct of my constilueatt, iiy the culture of wiioEi
they live. Of ibis article-Great Britain conauraes
about iine-seveDth of our whole export; Prance
two-fifths. Upon this iwo-6fibsof our whole ex-
port, a tax of three dollars per hundred weight ia
imposed, almost equal to its whole carreat value
in this country. Sir, I was opposed to the 50 per
eeat. additional duiv bill ; but when that duty oa
imports is compared with the dotv which Qresl
Britain lays on our exports, whicn we'hare not
the power to tax at all, tbe duty sinks to nothing.
We are coatending for our existence as a nation.
It has been said, a thousand limes raid, in this
Houte, that tribute ought lo be put out of the
question. Sir, suppose this tax had been laid on
the tonnage of our vessels, instead of the product
of the soil, shoold we have been told not to repeat
tbe word 'tribute so oftea 1 Yon might as well
ask the people of this country to rescind the Dec-
laration of Independence, as to, ask them to per-
mit (heir property 10 be taxed as a foreign Got-
eru meat pleases. WheoevergenilenieD talkabotil
taxes, and can coollvsee a foreign nation lak this
community more taaa the General and Slate
Oovernmentn anitnl 1 scarcely know how to ex-

freiu my wonder at their apathy. The (axes laid
y Great Britain on the soil amoaot to more tban
the taxes laid in this nation by corporationB,
towns, State and General Governments, all pat
together.

If y«ur merchants go out under this bill, in mr
opinion tbey will evade it to tbe way ia which
Qreat Britain has evaded the French law ; and
there ia no way to keep out of war, and at the
tame tia>e avoid payine tribute, if tbe embargo
be thus repealed. 1 had rather have Brttisb cus-
tom-house officers here at once, and be done with
it. Reverse this thing fot a moment.^ Suppose
that tbe United Stales and Spain were at war,
and the United States were to say that Great
Britain shontd carry nothing lo or from the
Spanish colonies without coming hert and pay-
ing an enormous (ax oa it — we should bethoi^i
mad. Bat this is just a parallel ease wiih our
present siioation. Yon are compelled lo carry all
your produce to Great Britain } and, if yoa do
not there sell it, to purchase a license to export it.
Nothing caa be more trne than what has been
several times said, that if we p> to war with
France, we need not pay any inbote. But, air,
were we to go to war with France, thus to avoid
that duty, it woald be the basest sabmission. and
you bad belter go and pay it at once.

A tlionsaod contradictory tbiaga have been
eoBJured up in the couisc of thiadrtue. Alone

.yGoogIc

HISTORT OF OONGKBSS.

I Fbbbcabt. 1

Nim-IntarcourM.

H. OP R.

lime foa are told that Qreat Britiio does not
valae Canida or yon. At inoihcr raomeoi, ib
the fertilitf of genilemen's imagiiiatioBS, cotton
and tobacco spring up tbere, like mugbToonB, id
a night If 70a then talk abaut>takiiig it, ^o^
ate told that you will catch a tartar. Let foreign
nations reapect onr rights and we will not coO-
selvei with th«iD. If we rield noir^ thef

will tnimpl

a death.

If

this be proper, why are the same gentlemen thi
most slrenuoQi supporters of a oaryl If coro-
meree is to protect itself, what is a navy to be
Mttt out for 1 The commercial part of the nation
ought lo consider ittetf as linked with every other
part. If commercial laen have grown rich from
the prodoet of the soil and the labor of the agri-
culturist, Is it fair and honorable for these mea to
want to destroy that which has given them
wealth — I mean the agricnliure of the cotintry 1
Surely not; but it unlortu irately happens that it
is nevertheless Itue that the heaviest of these for-
eign taxes are imposed upon that part of the na-
tion which the gentleman from Conneeilcni told
OS the other day has not the greatest portion of
physical force. Tbe amount of trade or cotn-
meree carried on would be (he iamo, tax or 00
tax, but the price of the produce of the couDtrv
would be lets, and specially that part of itwhicn
can be carried but to one markft.

I agree with the gentleman from Massacbu-
aetts ?Mr. dnmoy) in many points which he
took ine other day— 'that we should not figbt
Great Briiaio because she takes her own seamen
from our ships, if bhe u'puld take only her own
and let ours alone I ehonld be oontent. Nolwilh-
siaading alt tbe distress under which gentlemen
appear 10 labor on the subject of a treaty, I have
no doubt that if we were to spend less upon trea-
ties, and regulate our commercial affairs more by
law, we should find it to our advantage. With
whom should we treat? Wii)i France and Great
Britain, the two most powerful nnti
world, who pay no respect to treaties longer than
it suits their own convenience 1 I would restrict
Ihem by navigation laws as they restrict
That is a sort ot system which yon can coniinae,
sir. Without saying that our exports are of more
value to them than theirs are to its, admit that
they are but equally valuable, and we may retort
tbeir own doings upon ihem.

Much has been laid aboVl the amendatory em-
bargo law. i have no fear but it wilt be eoforeed,
It is not to be expected that you will not find
smugglers under that as under every other law.
I do not believe a word about any State's under-
taking lo set the taw at defiance. I have no such
expectation ; and I go upon the Idea that what-
ever is for the- good of tbe whole all will obey.
Hake an eiperiment under the law. Recollect
a case in what are cslled the Attrti time*, sir, when
a great portion of the nation thought the sedition
law uncoQstiiulional. The judges decided to the
eontrary, and the law was enforced. And, talk*
ing of hard times, there are aeveral ia this Houm

who can better tell what they were than myself,
yet I saw enough df them, and felt a little, too,
though not as nighty honored as some others,
who were thrownlnio jail under the taw. Tbe
highest honor decreed to me was to have (he
rOEues'-raareh playe4 under my windows. Now
I nare heard of no personal injury or insult 10
any members of Congress in the present "bard
limes." To the hardsnip of former limes many
worthy characters, and the records of those days,
will bear testimony.

I will here B(a(e a fact which did not occnr lo
me till I saw i( in another place, in one of the
most luminous speeches I ever neard or read.
When the attack on (he Chesapeake was made,
every one applauded the measure fthe proclama-
tion) adopted by the President. I came to this
place, air, at the Eubsequent session a' little too
foil of a vindictive spirit, and others perhaps par-
took of the same feeling. This feeling continued
for some lime ; and the first word I heard in re-
probation of the proelamatien was after the Brit-
ish Envoy h'ad been here lorae lime. I speak of
a fact whicti is unquestionable.
Tbe gentleman from Massachusetts, in tbe
inclusion of bis speech, uttered an expression,
in which I hope he tras mistaken, viz., ttiat " bis
ai^umenls ot impressions might be attributed by
some lo foreign influence." I hope he is mis-
taken. Nothing can be so grating to an Ameri-
lan as .to suppose that his arguments may be at-
ribated to that source. I speak of it from a de-
gree of expedience ; for in the " hard times" it
Das been attached to me. There is no man to
whom foreign partialities have been imputed,
that CBonot feel the impression tbe charge makes
upon a mind purely American. Every one re-
collects the time when opposition to every men-
Aire of the Admioisiration was atiribuied to
French influence. Though I have felt it I never
believed that those amongst whom I was born and
raised wonld git'e credit to ifae charge.

It has been laid, and great pains have been
taken to ^lablish the fact, thattnt'cmbargo bears
harder upon the Eastern than upon the Southern
C(iuntry. The reverse appears lo me 10 be the
fact. Upon the towns It may bear harder than
npon tbe country; but lake tbe naiioa at targe,
and the embargo, if gentlemen persist In charg-'
ing all our evils on the embargo, bears harder on
the South than on the East. We lose the capi-
tal of tlie trade, whilst they lose but the profits to
lie made upon the export and import. Can the
profits be equal lo Ihe capital? Certainly not.

My pemeverance in this embargo system may
be deemed la be a little fod-hardy ; but we are
called upon to retire before we are routed. I
have no fear of being roaied. We cannol retire
wilhont di^raee under this non- intercourse bilL
Take off the embargo, and we have no alierna-
live but frar. Armine merchantmen, issuing let'
tars of marque, Aie.j aU this is fighting. 1 am not
for it if we ean avoid it. The conntry is not ru-
ined as has been said. Our properly is safe at
home. We havenolnowto negotiate with Franco
aad Qrc«t Brilaia fw indemnity for the ptnndsr

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1491

HISTORY OF C0N0RE8S.

Non-tnlercourie.

FBMiiAnr, 1809.

tioa, embargoed at home, than have lo depend
upoD negoiiaiion lo procure conip«Dsation Tor it
when eapIureO. True it is Great BritaJD once
■greed to par you for ^rpoliaiion*, aod so far ac-
kDowledgpii Koina such ihiog ai tbe law of oa-
lioDs; but 1 doubt wbetber sbe will do it again.
How did it happen? You agreed lo paj her the
aiDounl of it and more too. France too agreed
to pajr for spoliation!; but howl You faougbt
Louisiana, and she gace you credit for thr
amount due to you. She has no Louiaiana no*
to tell you, nor has England. All the properly
taken from you would be clear loia,

Tbe genlleman from MBSBichuseUi. told ui,
some time ago, lo take care of bin constituenU.
This is the desire of every man. The gentleman
must agree that tbe articles of tobacco aod coiton,
without anything else, are equal to the lumber
which he talked aboui. Ai to hisidea of thefer-
tilily of the land and riches of the inhabifantt of
the Soulhern couniry, he is wholly mistaken. Oo
the rivers there is tame such thing; but in the
upper part of the Slate in which I ri*e, the great-
est equality of property exists. Theae men bear
with their present situation, because ihey aee that
there ii no other aliernatire than war, and ihey
liad raiber bear it than go lo war. I do not M-
liere that any one of the Southern Siatet has
more than three banks, whilst in the Northern
Slates [here are from twenty to forty of one kind
or other iaeach State.

The letters read by tbe gentleman from Qeorgia
(Mr. TaoDp) the other day, -bad tbe same el^l
upon my luiod which lhey.appeared tohareupoa
bi*. I Dare no doubt that some part of oar cot-
ton has been carried away ; but it is but a small
portion of the necesMry quantity. As to making
cotton in Fraiice, as a gentleman from Connecti-
eut attempted lo prove from a French author, I
hare no fear of that. I never had a good opin-
ion of theoretical agriculture; and on hearing
that book read, I admire it the leis. I have no
more fear of eottoa being raised in Fraace, enpe-
cially if they lake the author's advice as to the
mode of doing it, where they bare not spare
ground to malw tobacco, than I have of its being
raised in Canada. And really, sir, as to the Bar-
lary Powers making cotton for the European
market, I sboold as soon expect the Cherokee,
with his wallet of corn, to travel from hi* Dalire
aoil to Roanoke lo sell it.

A quotation was ma'de by a gentleman from
TirginiH (Mr. Randolph) the other day, from the
language of, perhaps, the moat eloquent man in
the Virginia Conrealion, for considering the
Federal Cansiitution. I could name a man not
quite BO eloquent but quite as great a man,
one of whose objections lo the Constitution was,
that you would be taxed by those who had no
fellow-feeling for, you. Great and prescient as
be was, be never dreamed of Great Briiaio again
attempting to tax us. Has Qreal Britain any
fellow-reeling for you t No, sir ; sbe and France
hare, and will coDtinoe to hare, a hatred for you

so long at you conlinae free. We are here itm^-
gliog with this embargo, gettias out of it one wajr
or the other, and told that the laws are set at de-
fiance. The bones of our Revolutionary soldiers
are scarcely 4>uried — and are we, their descend-
aaiSj already threatening tbe Union with discord ;
teanns characters to pieces, as though the Arneri-
can enaraeter was worth DOthingf In the city
of New York, but the last rear, one of the most
solemn proeeasioni took place which was ever
witnessed in tbe country, to bury the bleached
bones of our patriots. And, gracious God 1 ar«
they so soon lo be forgotten T 1 hope not, ait;
thai we shall pursue our course with firmness,
and not he turned from it by threats, come froia
whence ibey will ; that we shall not repeal the
emliargo by passing this bill.

Mr. HoLLano followed on the same tide of tbe
quealion. He had originally voted against tbe
embargo, because he l:«lieved it prematarc; bat
be was decidedly of opinion that, when it was
imposed, some lime would be necessary to try its
e&ectt as a coercive measure. He believed thai
the United Slates generally sacrificed at least
enough of their happioei* to the commercial in-
terest ; but baring taken this ground, he wished
to maintain it. And alihoagh he was not inclined
to favor efclusirely external eommeree, yet in
favor of our indispnlable Hghis on the ocean, be
would go to war when efforts of peace failed. Ue
4ras in favor, therefore, of a further continnane*
of the embargo, and replied to many arguments
against it. He lamented the prapensily that ex-
isted among gentlemen, because they could not
obtain a favorite object in life, to sei Ibeir faces
agaiokt everything else. Thns,onegeDtfeman in
the other branch of the LeEislainre, because be
had been removed from office some years ago,
thought everything had since gone wrong. One
in ihia House micht think the same, because he
had not been able to obtain an office-, another,
because he eould not move the seat of Govero-
menl. &c. Mr. H. said he firmly believed, ner-
eriheless, thai it was happy for tbe United States
that ihe one was removed, another dMppoiottd
in an office, antf that theseat of Oovemnient was
in its old place. The reasons operating with those
genilemen had no effect on him. He was fot
pursuing a direct course and adhering to the em-
bargo, until its effeci was fiilly tested. Mr. H.
spo^e about an hour.

Mr. WtKN moved to postpone the faiiher con-
si,deratioa of the lubjeet. Negatived.

On motion of Mr. Tatloh, the House adjourned
about four o'clock, without taking a qaesiion.

ToEaDAT, February 21.

The bill sent from the Senate, entitled "An act
supplemental to the act, entitled 'An act for the
belter sovernmeot of the Navy of the United
States," was read twice, and committed toaCom-
mitiee of the Whole to-morrow.

Mr. JBHEtfiAB Morrow, from the Committee
on the Public Lands, (o whom was eommiited,
on the twenty-eighth iiltimo, a bill cent from tbe

.yGoogIc

mSTORT OP CONGRESS.

1494

Frbbuibt, 1

H. OF R.

Senate, entitled "An act for the relief of certain
Alabama Indians, reported tbeir a^rermeat to ihi
same, with an amendment; which was twici
read, and aareed lo by the HoQ^e,

Ordered, That the ^id amendment be engrou-
ed, and, together wiib tbe bill, be lead the third
time to-motrow.

An engrossed bill coneernins invalid peaaion-
era was read the third time : Whereupon, a mo-
tion being made by Mr. Holurs that the said hiH
do lie on the table, it was resolred in tbe affiri
live.

A message from the Senate informed tbe Honae
tbai tbe Senate hare passed tbe bill, entitled "An
act for the disposal of certain tracts of land in
the Mississippi Territory, claimed under Spanish
grams. Tcporied hy the Land Commissioners as
antedated, and for other porposes." wiih several
amendments; to which ihey desire tbe concur-
rence of Ibis House. The Senate bftre passed a
bill, entitled "An act making proTisioD for the
further accommodation of the household of the
President of the United Slates ;" also, a bill, en-
iled ''An act to interdict the commercial inter-
course between the United Stales and Oreat Brit-
ain ant^France, and ilieir dependencies, and for
other purposes ;" to which bills, respectively, they
desire the concurrence of this House.
HON-IHTERCOXJHSE.

Mr. Bibb moved to postpone the further con-
sideration of the unfinished business till to-mor
row. A similar bill was before the Senate, which,
be believed, would be more generally satisfactory
than tbe bill now before the House, and which
would, probably, soon be received. The question
now pending was not lightly to be decided ; for
it was known what effect a mere decision in Com*
mittee of the Whole on a part of a resolution
had lately produced, The House would be better
prepared to vole on it when they bad (he whole
ground before them.

Mr. Llovd objected to this procedare as unwor-
thy of the dignity of tbe House. This House had
no right to know what was doing iq the Senate,
except, indeed, it was to be guided in its proceed-
ings by what the Senate should choose lo do.
For one, he said, he would not he led by thenosa
by the Senate or any other department of tbe
Government.

Messrs. Lton, Ddrell, Bacon, and Qardner,
also opposed postponement; Mr. Bibb advocated
it.

The question being now taken on tbe motion
for postponement, it was negatived — yeas 33, nays
72, as follows :

Teas — Daiid Bard, Bnrwgll Baiwtt, William W.
Bibb, William BlKckledge, Thomas Blount, Adam
Boyd, Robert Brown, WUIiun BuUer, Joseph Calhoun,
Matthew Clsj, John Dawson, Josiah Deuie, Joseph
Desha, James Fiak, Peterson Qoodwyn, William
Helms, Jtmei Holland, DsTid Holmes, Richard M.
Johnson, Tboiniu Kenan, John Love, Nathaniel Ms-
con, Thomas Newton, John Porter, Jobn Pugh, John
Raa of Pennsylvania, John Rhea of Tennessee, Jacob
Richards, Leuuel Savrjer, Benjamin Bay, Saninel
Shaw, John SniUe, Ji^ Taylor, Jobn M. Ttonp,

Daniel C. Verplanck, Jesse Wharton, Robert Whil»
bill, and Msrinaduke Williams..

Nils— Evan Alexander, Lemnel J. Alston, Willis
Alston, junior, Joseph Barker, John Blake, junior,
John Boyle, William A. Buiwell, Martin Chittenden,
John Culpsper, JohnDsTenport, juQ., Daniel M. Du-
rrll, lames Elliot, WillUm Ely, Jobn W. Eppes,
William Findlej, Francis Gardner, James M.Garnetl,
Tbomas Gholsoo, junior, Isaiah L. Greeo, John Hsrria,
John Heister, William Hoge, Benjamin Howard, Reu-
ben Humphreys, Daniel lisley. Richard Jsckson, Rob-
ert Jenkins, James Kelly, Jobn Lambeil, Joseph Lewis,
jun., Edward Lloyd, Matthew Lyon, Robert Marion,
Joaiah Masters, William McCreeir, William Milnor,
Daniel M on tgomerr, junior, John Montgomery, Thee,
Moore, Jeremiah Morrow, John Morrow, Jonathan O.
Mosety. Thomas Newbold, Wilson C. Nicholaa, Joaiah
Qoiney, Jobn Randolph, Matthias Ricbaids. Samuel
Riker, John Russell, James Sloan, Jed ediah K.Smith,
John Smith. Samuel Smith, Henry Southard, Richard
Stanford, Wiiriam Stedman, Clement Slorer, Lewis
B. Sturges, Pater Swart, Samuel Taggart, Benjamin
Tallmadge, John Thompaon, Abram Tiigg, James I.
Van Aten, Philip Van CorUsndt, Nicholsa Van Dyke,
Archibald Van Horn, Killian K. Van Rensielaer, Isaac
Wilbour, David R. Williams, Alexander Wilson, and
Nathan Wilson.

The House then resumed the eonsideiniion of
the said bill: Whereupon, a motion made by
Mr. Bibb, which was depending yesterday at ihe
time of adjournment, further to amend the bill
by striking out tbe twelfth section thercaf, being
revived, the said section wss a^ain read at Iho
Clerk's table, in the words following, to wit:

"Sic. IS. And be il furiher enacted, Thatsomneh
of the act ' laying an embargo on all ahipa and veuela
in tbe ports and harbors of'the United States,' and of
the several acts supplementary thereto, a* forbids tba
departure of vessel* owned by citiiens of tbe United
StatM, and tbe eiporta'tion of domestie and foreign
merchandise to any foreign port or place, other than
Great Britabi or France, or iheir colonies, or depend-
ences, or places in tbe actual possession of either, tw|
and tbe same is hereby, repealed, after the fourth day
of March: Provided, Thatallpenaltiessndferfeiltiiea
which shall have been previously inctirrsd by vir-
tue of the said sets as is repealed by this actj w
which have bean, or may hereafter be, incurred by vu-
tue of the said act, on account of any infraction of so
much of the said acU as is not repealed bj this act,
shall be recovered and distributed in tike manner as if
the said acts had continued in fnll force end virtue."

Mr. CnLPEFBR. — Mr. Speaker: As it is my mis-
fortune verv frequently lo vote in the minority,
aod 1 may ne equally unfortunate in my vote on
the present occasion, I rise to offer to the House
some of the reasons which will govern me in Ihe
course I expect to pursue on this subject. I voted
against the amendmcot proposed by the gentle-
man from Pennsylvania, (Mr. Milhoa,) and I ex-
pect to vote sgainsi the amendment proposed by
Ihe gentleman from Ocorgia, (Mr. Bibb,) with «
design to vole for the amendment of tbe gentle-
man from South Carolina (Mr. Wiluahd] and
the second amendment of the gentleman from
Pennsylvania (Mr. HlLHOR.) I intend to vote
for the bill under considcraiion, and diaire it mnj

.yGoogIc

1495

HISTORY OP CONGRESS.

H. OP H.

Ni)tt-Inlerc<ntrte.

Febbdibt, 1809.

be BO modified m to prevcDi, if poiriUr, the rain
sod diagrRce of myfODnlry.

I do not «xpecl to vole for ibii bill for its io-
irinsic merii, for I Hm not vmj well pleited with
the Bystem ; but I hare long thought, and I yet
thiolt, if the several acts laying an embargo on
all ships and vessels io the ports and harbors of
the Uoiied Slates are never repealed unlit we are
all pleased with what gentlemeii call a substitute
for the embargo, my country will be ruiocd under
the operRtion of this measure, which so much re-
aenibles Fielding's clock— it never can operate aa
a meature of cogtcIod upon the European Pow-
er*; he describes the clock as most exquisitely
formed in all it* parts, but for the want of con-
formity in the several parts to each other it ixould
BOI be put in motion. Just so is yonr embargo,
tboogb its advocates represent it as a political ma-
ehine calculated to preserve the honor and in-
terests of the country, for want of cotiformity to
the babiis of the American people and to the
present situation of the country it cannot be ex-
ecuted to advantage. And as we differ in pblitj-
eal sentiment, and no dotibt, honestly differ. Ideem
a spirit of conciliation absolutely necessary for
the preservation of the country. I feel willing
to meet gentlemen wUo differ from me in senti-
ment, whenever I discover a disposition in them
to do so too. And'l think it is time to join and
adopt that plan which will be least offensive to
any portion of the American people, or their
representatives. Under these impressions 1 ex-
pect to vote for this bill, as preferable to yoar era-
Dargo systeni. If the amendments proposed by
the gentlemen from South Carolina and Penn-
aylvBoia are adopted, 1 believe we shall derive
aome benefit from ihissystem. And should it fail
in producing the expected good, it certainly' will
be prodnciive of less evil than the embargo; it
will partially restore ouralmost ruined eommerce.
For, however gentlemen may differ from me on
this subject of eomfoerce, I consider it a rreat
excitement to Industry ; a source from which the
rich derive most of their opulence, and the poor
derive many of the necessaries of life ; and i;en-
tlemen all acknowledge it to be the source from
which we derive the whole of our revenue. To
prove these positions, I will call the attention of
the House to the commercial prosperity of the
nation under the operation of the Treaty of *94,
called Jay's Treaty. This treaty has been rep-
resented as ruinous and diseraceful. Such were
the clamors against it, that feonresa I disapproved
of it at first; liui under its operation we were a
happy and a prosperous peo^e. By referenoe to
the several reports of the Secretary of the Trea-
sury, I perceive our customs arisiog from imposts
and tonnage during the four years prior to the
adoption of that treaty averaged, 84,221,728, and
onr customs arising from tm same source, the
8rst four years under tfae operation of the treaty,
averaged S9.720,196, and the fast four years av-
eraged S12|340,491 ; and oar exports increased io
the same proportion — and we increased as fast in
individual as natioDsl wealth. Ves, sir, uader the
operation of that treaty, oar farmers were induc^

to culiivate the soil, and their industry waa well
rewarded; our seamen employed in navigaiiag
the ocean, and our canvass wbileoed every sea.
United at home and respected abroad, we held
the second rank among the commercial naiians of
the earth. But these privilegea, though g'reai,
were trifling when compared with socb as were
to be procured by a new system, and when in 1804,
Lord Harrowby, the thea British Hioister, pio>
posed to renew that treaty, it was rejected. In
1806, a partial n on -importation act was passed la
exclude many articles of Britith manufacture
from oar pons — this was to compel the Briiisb
lion to admit the AmerieaD eagle to an equal par^
lieipation in what gentlemen call the great high-
way of natlODs. When ibis plan, so promising in
theory, failed in practice, an embargo vasadded —
this was to compel not only the Oovernment of
Bngland, bat ina eoiightened Qovernnient of
France to yield to us, io a stale of digniSed re-
tirement, what they ref\ised to gram us whrle
pursuing onr aaual course of honest indnstry.
Sir, what has been the consequence 1 What have
we gained by this method of digoiSed resistance?
I am certain if ibe citiiens of the United States
were to be consulted, and were to eom[«re the
political bleasings we enjoyed under (be treaty,
with this political (what shall I call it?) curse, to
which we have been exposed nnderthe operation
of the embargo system — they would not hrsiiate
a minute, but would decide in favor of such a

But we are told, by the committee of exterior
relations, We roust have abject and dee>
submission or warwithbolhEoglandaadP
or a continuance and enforcement of the embargo,
or present suspensioo of commerce. And as the
first cannot require any discussioo, and the pres-
sure of the embargo i« so sensibly felt that the
country cannot or will not much langer submit
to the privations of this syttem, genuemen ex-
claim what is to be done? Has the nation no
boDor to maintain T Yes, sir, I hope she has ; I
hope we will still retain some of out national
honor, but I trust in God. we never shall make
another attempt to maintain our honor by aban-
doning our rights. I shall perhaps be told we
have not abandoned our rights; this system is
not an abandonment, but a suspension of out
rights. Be it so, Mr. Speaker, for although I con-
tcieotiously consider it an abaadonment of one
rights, Itielieve tbeadvocates of ihe-measure con-
sider it only as a suspension. God grant that
their expectations in this may be realized ; hut I
fear it will happen otherwise. But gentlemen
exclaim, how are we to avoid degrading submis-
sion? I hope, sirj we shall abandon or modify
this system, and resume the navigation of the
ocean, and convince the world we do not intend
to abandon our rights.

I am as anxious to inaintain the honor of the
nation as any gentlemen on this floor j butlsub-
scribe to the position, that, in an- agricultural and
commercial Republic, honor and ioteresi are cob-
vertible terms. I believe, sir, that our honor is
our interest, and our interest is our hoaor. I aia

.yGoogIc

HISTORY OP CONORBSS.

1498

Febboirt, 1809.

Non-lHUreoune.

conGrmed in thisbejief by genilemen who profess
lo differ from me upoo this subjecL Sir, out ac-
tions QUtweigb our words, and wliile ^allemeo
from [be South and West, whoiecoDiiiiueDta are
cultiraiors of tbe «oil, eiclaim agaioac a repeal
of ibc embargo aa disgraceful, ihey sajt the daiy
demaoded b; the British Ooreinnient mutt be
paid by the growers of produce, and ibat the ea^
riera will receive fall freight; and geoilemen
from the North and East, vhoie consiituects
are maay of them commercial, others seafaring
men, urge the repeal of the embargo, because lI
deprives their constiiaeDts of commercial aod
nautical proGla. These arguments prove lo me
that differeni habits and pursuits produce diver-
sity of sentiments; but thai we all cod aider honor
and interest convertible terms. But I for one dis-
claim any share in that honor, which is contrary

ir do t V

peal a law whenever it U known lo be contrary
to the wishes of the people. But gentlemen tell
ns this sysiem is not displeasing to the people,
that nolwiihiiandiuyali that ha* been said upon
the subject they do not believe it — they do net
believe the paople disapptove of the embargo.
Sir, unbelief has ruined many, and 1 do awfully
fear it will be our ruin. I am certain it will, if
we persist much longer in. it.

Mr. Bibb observed that, whatever should be
the decision of the House, he should obtain one
ibject ; he should obtain the names of those who,
Q the commeneement of the sesaion, told the
House that the proposition now under couiidera-
tioh was [be most dishonorable that could be
proposed, and would now vote in favor of it.
Mr. W. Albtor ssiiL notwithstanding the
m froi " ■ '

threat of the

concerns governed by the laws of chivalry,
see oations. lilte imprudent individuals, destroying
each other wiibouE the prospect of gaining any-
tbing but a premature and inconsiderate death.

But gentlemen inqutie, do you not prefer war
to disgraceful submission? Yea, sir, I do prefer
war to submission — bat I ever hare preferred, and
yet prefer a candid, a full, aiid friendly explana'
lion, to the honor of dying like Abner, as a fool
dieth. For tbese reasons, i am for another ai-
tempt BI negotiation. And as fhisattempt, how-
ever honest and sincere it may be on our part,
may fail, I am for adopting some method to unite
the AmericBD people. And although this bill,
should the amendmenls proposed by the gsnlle-
man from South Carolina and the genitemati
from Pennsylvania beadopted, is not just wbai
I prefer, for 1 am decidedly in faror of repealing
the whole embargo and non-importatioa system,
and for permitting oar merchants to arm in their
own defence ; it is the best terms I expeet to get,
and I am for accepting of it. And should the
attempt at negotiation fail, and it prove neces-
sary, 1 would then prepare in earnest for war;
I would proceed lo vindicate tbe honor of the
nation and repel force by force. Then, sir, we
shall have nothing to fear. The brave but peace-
able citizens of tbe United States,
vineed of the justice and necessity of
will unite as a band of brothers, not to support
the embargo parly nor (he Federal party, but ai
free Americans to vindicate tbe honor of tbi
uatioOj and maintain oni rights, and transmit ii
posterity the rights and privil^;es which our
lathers fought and bled to procure ftir us. But
they are not no fond of war as to prefer that
course, when they understand ibti these privi-
leges could have been secured by a treaty. Be-
''~~iBg this to be the desire and tbe interest of

my consiitacnis, and of the majoriiy of the citi
zens of every portion of the Union, I

gem

tleman

n Oeorgia, he should

ng this course. I am for making this bill
as perfect as possible, in order to Mtisfy the citi-
zens in every portion of the Union. Some gen-
tlemen represent it bs disgraceful to yield to tbe
clamors or murmurings of the people. But 1
consider it the duty of the RepreseaUtires to rfr-

„ against his motion. He had a right, bswbII
the genilemao from Georgia; to judge of iha

tore of tbe .proposition submitted to him.

Every one whot^oted on tbe report of that com-
mittee, did not iCopt its reasoning, and might
hare voted in whatever way he deemed proper,
without consulting their explanation of it. Ha
believed the nation looked forward to a modiSca-
tioD of [he embBrgo, and lie should therefore vot«
for the bill.t >

Mr. Love opposed the motion to strike out th«
twelfth section. He thought it premature, at
there were conMderable amendments
contemplBied to tbe bill. Mr. L. look an exten-
sive range of argument to show that if the em-
bargo syst,em was repealed the non- intercourse
would be the best substitute; that the effects of
it would be felt by our enemies, perbapa in a
greater degree than the embargo, especially after
It was understood, in foreign nations, that the ex-
ecution, of* [he laws was opposed, even under Iha
■anction^of State aniboniv ; that Ibe mode of
treating infractions of our laws, as it rexpecied
OUT ciiiaens, was a different thing, and he hoped
would meet with proper BtleDtioo. He ihou^lit
the system lobe substituted 'Would probably bring
our' differences with foreign Ooveroment* lo an
issue of some kind, if the provisioDK were such as
he wished. It was certainly desirable that a ter-
minatioB of some kind should be had to ihoae
diffeupcw. The honor and independence yf >h«
Uniia Slates required it. Mr. L. replied to ob-
aervBiions which had been made of ihe great
power and revenues of England, by ataliBg that
the United States were better able now to meat
tbe power of England, if war was lo be resorted
to, than in the year 1776, when the same causes
of war existed, as at present, and when tbe re-
sources of America were literally nothing. Mr.
L. regrciied the motien had now been made, as
be feared it was calculated to make another falsa
impression on the people of the United Stales;
and, alihaugb he should vote against the motion,
he should not consider it aa eommitiing bimaelf
on ihe final qncslion.

Mr. Cook was agsinal the moiion. He consid-
ered the embargo as a measare which, in its
friendship for oommeroe, w«a destroying it hj

.yGoogle

U99

HISTORY OF CONGRESS.

15O0

Nan-Intercowte.

Pebsoakt, 1809.

{nuping it too tight. He wished ill i^raip ta be
ooMoed.

Mr. O. W. Campbbll next took the floor. He
WM ia favor of the raolion under coniiderBlion.
Ha uid he was surprised *t (lie change which a
few weeks, during which he bad been absent ttom
iodispoaition, had produced on the raiads at the
member* of the Mouse. Ii seemed ai if Home
enchancmeat had spread ilwlf orer them, which
thef perceived, ana ye[ did not wish to ren
He urged maof reasons against a repeal of the
embargo, and against the bill proposed. But
few weeEi ago. (be Houm decided in favor of
coDiiDuance ot the present system as' tbe only
means of honorably avojdiag a warj and some
of tbe very tame geotleraea were now about tc
adopi a measure, which the report of (he Com-
miitee on Foreign Relations had declared to be
atibmi*!iion. viz : a partial repeal of tbe embargc/.
A removal of the embargo would render our
property liable to capture, and give an opportDoi-
tv to British subjects lo take frfiiv (he cOuniry in
tne manner most advanlagenda to (hemselvei,
twenty millions of property, which would other-
wise be in the power of tbe Uuttnl States in case
of war, which was at leaxC probable. It was a
measure which would relieve.our adversary with'
out beneSting our cwa citizens id tte slighteit
degree. Mr. C. ezpresied his astonishment how

fentlemen, whom he perceived supporting
ill, could reconcile it with consisteocy lo.di
when no change of circumstances bad taken
place, which could authorize a change in their
opinions. Mr. C. also noticed Iheiystem of arm-
ing our merchant vessEl!>. which be pronnuaced
10 be novel sod futile. He did not stale how he
might vole on tbe bill when on its final passage.

Mr. Randolph replied to some of the observa-
tions of Mr. CAMFBELi.on ihe subject af the arm-
ing system, and in relation to coniislencyi

Mr.RnBA, of Tennessee, replied lo some of the
remarks of Mr. Campbeih., and defended himself,
as one who voted on the report of the Comroiiiee
of Foreign Relations, from the charge of incon-
sistency. He was in favor of tbe present bill, and
in voting for it should not change his ground. He
thought that this bill was what tbe enbargo
ought to have been in the beginning. En com-
menling on Mr. Camfbell's observatioa iiL.rela-
tioD to the property in this country, he said; that
when we went to war for a moral right, be would
Dot say that iwenty millions of private properly
in this country should b« taken possassion of by
us.

The question was then taken on Mr. Bibb'b
notion, and negatived — yeas 39, ni^ys 84, at
follows ;

Calhoun, Gtoi^ii W. Campbell, Matthen Oay, J
Clopton, Josinh Deane, Joseph Desha, Meahsck Frani-
lia, Jaraei Holland, Divid HoJmei, Beciamin Howard,
John G. Jackson, Richard M. Johnson, Thomas Kenan,
William Kirkpstiick, Nathaniel Macon, Robert Man-
<m, John HoDlgomarj, Jaremiah Morrawi John HoitoWj

Je«B Wharton, Robert WhitehiU, and David R. Wil-

HiTS — Evan Aleiandsr, Lemuel J. Alston, WUlis
Aliton, jr., Joseph Baiker, John Blake, jr., Adam Bojl,
Robert Brown. Epa'phroditoi Champion, Martin Chit-
Conden, Orchard Cook, John Oolpeper, Ri^ard Cutta,
SamuoL W. Dnna, Jidin Davenport, jobior, Daniel H.
DuTclI, James Elliot, William Ely, John W. Bppes,
William Findley, Jame* Fiik, Francia Gardner, Jaa.
H. Osmett, Thomas Gholson, jr., Petenon Goodwyii,
Iiilsh I.. Greiin. John Harris, John Heister, William

Masters, Wiliam McCreery, WiUiam MiUior, Daniel
Montgomery, jr., Thomas Moore, Jonathan O. Mosely,
Gurdon 8. Mumfbtd, Thomas Newton, Wilson C.
Nicholas, John Pufh, Joaiah Quinej, Jc^n Randolph,
John Rhea of Tennossae, Matthias Rkharda, Sanoal
Riker, John Rowan, John Busa^ Lamael 8awy«,
Ebenasar Beaver, Samual Shaw, Jame* Sloan, Jedc^ah
K. Sssitb, John Smilh, Samuel Smith, Henry Sonth-
ard, William Stedman, Clement Storer, L«wia B.
Sturxsi, Peter Swart, Samuel Taggart, Bonjamia Tslt-
madge, John Thompaon, Abram Trin, Jabei UphaBi,
Jamas I. Van Alen, Philip Van CorUandt, Nicholaa
Van Dyke, Archibald Van Horn, Killian K. Vmi
Rensselaer, Isaac Wilbonr, Msnasdoke WiUiama,
Alexander Wilson, and Nathan Wilson.

Mr. Ramoolph moved to strike out of the
twelfth section the exceptions (o ihe genml le-
moval of the embargo.

Mr. R. Eupporied the motion on tbe ground of
the expediency, for general reaaons, of b total re-
peil of the embargo. And, in addition to the
general reasons in taroi of a repeal, he observed
that althougJk the embargo was to be butpaniaily
repealed, in point of practice, no attention would
be paid (o (be remaining part of it. He depre-
cated the foaiering in ihe people of this country,
the sentiment which existed \j\ almost every other
country than ours, that obedience was due to the
laws so long as Ihe whip of the ezeouttoaer was
flourished over the bead, and no longer.

iaooM wBB in favor of the motion, becaase

he wished, hy so doing, to make way for the
rmendmeni of b gentleman from South Carolina
Mr. D. R. WiLUAHB,) for imposing additioiul

liacrimiDBting duties, &c. iribenon-iotereourae
ystem was to be adored, Mr. B. was also in favor
of repealing the provisions of the embargo laws,
and enacting others which should be more intel-
ligible to (he revenue oEBcers, than as it would be,
ere it not repealed.

Mr. Q,uiNCT advocaled the motion from ilie
(o(al impossibility of enforcing the embargo, after
(he fourth of March, in some parts of the country,
particularly in (ha district of Maine.

Mr. Macon said he cared but lit (le about this
question, for the die was cast when the House de-
" * eal the embargo. He never

r, that the law coald not be
enforced; tm, if it bad b«CQ repealed on that

.yGoogIc

HISTORY OF CONGRESS.

Febrdart, 1809.

JWwi -IntercmtTK.

H.OPR.

^ronnd, Buy Urge State would herN ft er have ii
jQ its power to procure Ihe repeal of anf law
which It coaeeived lo tailitale againtt its inier-
esis. He declared ihac, miiwiibiinndin; alt thai
had been *iid to the contrary, h« would
that the embargo bad never brought a
this country.

Mr. NKW0t«i8 said that if the embargo were to
be repealed, in order to erect the aon-interconrse
ajrslem on its own batis, proviaiona nearly
lo tbo«e coDiemplaied to be retained in force
would be neceiMry. An to yielding
to the laws, if it was to take place, )et it
It was time .for the people to know whether they
had a OoTernment or ooi.

Mr. Albxanitbb gave the reasons why be should
vote in the affirmative on this motioD, declaring
that be was not influenced to do so by any oppo-
siiioD to the taws, in any quarter of (he Union.

Mr. Shilib bad been in favor of the embargo,
which he had considered the only mean* of pre-
serving US from war ; and, as it was determined to
repeal the embargo and not eo to war. he waa in
favor of non-intercourse; and he said inai the sys-
tem of non-interconrse was not such ■ weak or
novel syaietD as bad been represented. Meqaoted
the instance in which it was adopted in the year
1775, and agreed to in 1793, though not put in
prnctice, because the President ordered « special
mission. Amongst the rotes in favor of the
measure at that day were enrolled some of the
most respectable names to-be found in American
history. What were the caases which had pro-
duced a ahange in the minds of members of the
House, in retaiion lo the em))argo system, Mr. S.
said Itedid not know; but certain it was, that the
ihreaiB of aome gentlemen from the East bad in-
fluenced in bringing il abooE. Mr. S. censured an
insinaattOQ made by Mr. D«na a few days ago,
on the subject of the relative physical strengih of
the North and South, as improper .to be used on
the floor, and unfounded in fact ; for the Slates
of Pennsylvania, New Jersey, and New York,
contained a popalation one-aevenih greater than
Ibat of all the New England States together.

Mr. Rahdolpb supported the measure on the
ground that as ihe law now stood, compounded
with the five supplemenlarj embargo laws, it
would be almost unintelligible to the revenue
officers. He expatiated at some length on this
point. If you will have a system of non-inter-
course, said. he, enact it; but let us, for Ood's
sake, sing a requiem to ibe ashes of the embargo:
let not our successors have to lake up the doleful
ditty where we left off.

Mr. Key followed on the tame side of the qaee-
tioD. He was happy to find that the doctrine
which at the eommeneemeni of the secsiot^ was
almoet heretical, was now becoming orthodoz.
He was not without hopes thai, if be maintained
his groaod, be should soon be found in the right
church, preaching sound and saving doctrine.
Mr. K. said that the provision of the bill b^ whleti
the commencement of the non-importaiton was
fixed for the SOth of May was evidence that il
could be still farther postponed. If we can rock

our honor asleep till the 20lh of May, said he,
could it not be cradled a little longer for the pub-
tic good? Mr. K. appeared to be wholly opposed
to the non-intercourse syatem.

Mr. W. Albtoh observed, in thecourse of some
observations in reply to Mr. Key, th^t there were
some genilemcn whom no syatem that ever was
invented would suit. As to political doctrines,
said Mr. A., God forbid that I should ever see the
day when the doctrines of thai gentleman will
become orthodox.

The question on Mr. Rinsolfh's motion was
then negatived— yeas 47, nays 75. as follows:

TiAS — Evan Alexander, Eiekiel Bacon, Joseph Bsr-
ker, Wmism W. Bibb, Wniiun BUcUfdge. Epaphro-
ditus Chsmpton, Martin Chittenden, Orchard Cook,
John Culpeper, Samuel W. Dana, John Davsnport.jr.,
James Elliot, William Ely, Barcnt Oardenier, Francis
Ciardnerj Jaa. M. Gametl, John Harris, William Hoge,
Daniel Ililay, Richard Jackson, Robert Jenkins, James
Kelly, Pfailip B. Kay, Joieph Lewis, jr., Edward St. Loe
Livermore, Edward Lloyd, Metthsw Lyon, Joaiah Mas-
ters, Williun Milnor, Jonalhan 0. Mosely, Josiah Quin-
cy, John Randolph, John Rowan, John Rossell, James
aioan.SamDel Smith, 'William Stedman.LawiiB. Slur-
gea, Benjamin Tallmaidga, John Taylor, Abram Trigg,
Jabes Upfaam, Philip Van Cortlandt, Nichola* Van
Dyke, Archibald Van Horn, KiUian K. Van Renusae-
laer, and David R. Williams.

Nati— Lamuel J. Alaton, Willis Alston, jr., David
Bard, Burwell Batsett, John Blaks, junior, Tbomae
Blonnt, Adam Boyd, John Boyls, Robert Brown,
WillUm A. Burnell, William Bntler, Joseph Cal<
honn, Matthew Clay, Richard Cutis, John Dawson,
Josiah Deana, Joseph Daaha, Daniel M. Durell, John
W.Bppea, William Pindley, Merhack Franklin, Thoa.
Gbalaon, jr., Peteieon Gmdwyn, laaiah L. Green, Joha
Beisler, William Helma, Jsa. Holland, Darid Holmes,
Benjamin Howard, Reuben Humphreys, John O. Jack-
son, Richard M. Jt^nson, Wslter Jonaa, Thorns* Ke<
nan, John Lambert, John Love, Nathaniel Maera,
Robert Marion, William McCreery, Daniel Montgoitt- -
ery, jr., John Hontgonefy, Nieholaa R. Moore, Thomaa
Moore, JsremiBh Morrow, John Morrow, Gordon 8.
Mtimlbrd,ThomaBNewbold,Tlu)masNewton, Wilaon
C. Nicholas, John Porter, John Fngh, John Raa of
PeniuylTania, John BJiea of Tenneaaee, Jacob Rich-
ards, Mattbiaa Richards, Samuel Riker, Benjamin Say,
Ebeueiar Seaver, Samuel Shaw, John Bmilie, Jededlah
K. Smith, John Smith, Henry Suathard, Richard Staf-
ford, Clement Slorer, Peter Swart, George H. Tmnp,
James I. Van Alen, Daniel C. Verfdaack, Jeeee Whar-
ton, Robert WhitebUI, Isaac Wilbour, Harmadnka
Williama, Alexander Wilson, and Nathan WUmhi.

Mr. Gholson moved to strike out "the fourth
of March," Ihe day at which the partial repeal of
the embargo is lo take date, and insert the " first
of June." Having before given bis eentimeata

this subject, and so much having been said on
it, Mr. G. said he would now add nothing.

The House adjourned before the qaeilion could
be laken.

WBDNEaDAT, Febniary 23.

On a motion made b^Mr, Houisatbal an eo-

grossed bill eonceroing mralid pensioners, which

was read ihe third time yesterday, and ordered lo

.yGoogIc

HISTORY OP CONGRESS.

1504

H. or R.

Non-hdtrvmrm.

FlBBtlAKT, ISOft.

)X« OD ihe table, bs recammilied lo the coniidera-
lioD of R. Committee of the whole Houie, it vna
resolved in tbe affirinatiTe, and the bill was made
ibe order of th« day for ibis daf.

Tbe bill leDt from tbe Senate, eDtiUed "An
act Kupple me Diary to ibc act, «Diiiled 'Aa act to
■meao tbe charter of Oeorgetowo," wap read
twice aod committed to a Contnitiee of tbe
'Whole to morrow.

The bill aent from the Senate, eDlided "An
set makJDff proriiiion for tbe furitier accommo-
datioaof tbe hoDMbold of tbe Piesideiit of the
Uoited Statu," waa read twice and committed to
a Committee of the Whole lo-morrow.

Tbe bill sent from the Senate, eotiiled "An ■<!
to interdict tbe commercial intercourse between
tbe Uoited Statea and Great Britain and France,
and tbeir depend encist, and for otber putpMea,"
waa read twice and Bommitled tu a Committee
of the Wbolc thii day.

A mestage from the Senate informed the
Houte tbattbe Senate bave paiaed a bill, emitled
"An. eci freeing from postiE^ all lellera and pack'
eta to Thomas Jefferson ;" also, a bill, eo tilled "An
act supplemeolary lo Ibe act, entitled 'An act to
amend the charter of Qeorgeiown;" to which
bills, respeetirely, they deaire tbe concurrence of
this House.

The bill sent from the Senate, entitled "An act
freeing from poatage all letiera and packets to
Thontas Jefferton," waa read three times and

Tbe bill sent from the Senate, entitled "Ad act
for the relief of certain Alabama Indiana," to-
gether with the amendment agreed to yealetdaf,
was read the third time, aad paued.

EXPENDITURE OF PUBLIC MONETS. .

Mr. RinooiirB, from the committee appointed
to inquire whether any ndvaacea had been made
by tbe War Department to the Commaoder-iD-
Chief, contrary totaw, aod to what amouot, stated
to the Houae that tbe committee bad received
from the office of the AccouDtant of the War
Departmeni a number of documeots, which they
bad directed him to preaect to the Hotise at their
report.

The docnmenta weie read, aod a motion made
tp print then was agreed to.

Oa tbe queition bow many should be printed,
a deiultory converaatiou of near three honrs took
plBoe, not coQ&aed to the question before the
Uouae, buttoucbiog somewhat tbe subject of the
legality or illegality of the advancci made.

Q.uestions were aeverally taken on prinliog
6^000, 1,200, 1,000, 900; and 600 copies, and nega-
tired by large maionties. The usual number
were ordered to be printed.

HON-INTEBCOlrRSE.
Tbe bill from the Senate for interdictiog com-
mercial iolercoorse between the Uoited Slates
and Great Britain aod b' ranee, and for other pur-
puaea, wan twice read, referred to a Committee of
the Whole, and made the order ofthe day for this

The unfinished bosinesa of yesterday (tbe noa-

tercourse bill of this House) was ordered to lie
on tbe table, 64 to 35.

And the House resolved itself into a Commiiiee
ofthe Whole, yeas 65, on tbe bill from th« Bea-
aie for interdicting commercial iotereotirs^ &&

Mr. Mastkks moved lo strike out of the llib
eetioQ, the words "and to cause to heiusoed un-
der suitable pledgea and precautions, letters of
' marque and reprisal against the nation thereafW
' continuing in force itn unlawful edicts against
' the commerce ofthe United States."

Mr. MiLNOR supported the motion on the grovod
that iheCoDalilution ofthe United State* prorlded
thai Congress alone should bare the power to de-
clare war,and this bill, bygiving the Preudeatadis-
cretioD to judge when laat war should commence,
transferred the power lo him. Ooald it b« sap-
poied that if it was not proper imw to go to war.
It would be proper before tbe next meeting ti
CooBCresal Certaitlly noL And if not, ahoold
the President of tbe Uoited Staia hare the power
of declaring war before that limel It was ({iving
a pledge to one natioolhat if she would withdraw
her deoreea, we woiiLd take part with her in the
war against the other, without siriug the other a
chane; to withdraw hers, aad tnus prevent war;
and he wai, therefore, oppoaed to it, becatise it
tended lo promote war.

Mr. LivBRHORB also contended Ibat the part
proposed to be struck out was uncoostitutiooaL
Tbe power of Congress coufd not be delegated to
tbe President or any other person. They might
as well delegate to the President power lo mike
or revoke all lavs. The bill did not contemplale
a leqiialaiire act for issning letters of marque or
reprisal agaiast a perticuTar enemy, but ^ve a
power to tbe President to choose with which of
the belligerents he would lake aidea and against
which he would declare war. If the natioo was
in favor of war, this was not the proper way lo
make it. He conceived that if they passed this
bill their oo^stituents would tell then) that ther
were traitors to the Constiti^tion ; that they had
betrayed the trust reposed in them. There was
a time when he ahould have been aaloaiahed to
sea BUcb a bill aa thia come from the Senate; but
the age of miracles was not passed. He ihonid
scarcely now be surprised at anything which
could be proposed. lis passage would be a pre-
cedent which would redound lo tbe everlasting
disgrace of the Congress of the Uniied States.
He said also that it waa a clause which he con-
oeired would shake the Qovernmeot ofthe Uni-
ted Slates to its foundation. He only coesidertd
it in a Constitutional poidt of view.; aa to its in-
expedicacy, that was a minor oOBsideratioa when
put in competition with its unconstitutionality.

Hr. Ltoh followed on the aame side and ob
the aame grounds as Messrs. Mi lhob and litvsa-
Hoaa. He believed that the peofile did not wish
for war. No men wished for it but those who
wished offioea or some other benefii from it. He
wished the nation to be permitted to grow. He
knew of no mode by which this nation conld
more eflectaally be plunged into war with Oreal

.yGoogIc

1806

fflSTOEY Of CONOBBSS.

Invalid Perttioner*.

like ibe embarec

ous lo [be people, he would rather conliQue il for

■even j'eam ihan to plaOKc into war.

Mr. HoLLAHD (poke In' reply lo the preceding
gentleman. He naa tulonishei] ihat genilemeD
should declare every proposition the worst that
ever was made. A short time ago genltemen
would rather have war lEao the embargo. But
this bill neither was a declaralion ofwRT, nora
diitcreiion to the President to mjke it. It author-
ized the Presidept, at the monaeat of one o( those
Powers withdrswiog its orders or decrees,. t[>
issue letters of marque and reprisal. It conferred
no legislatiTc power on the Ezecutire. The
event wasBxed on the happeijing of which being
niadeVnown to the President, he should forth-
with issue telteraaf martjue and reprisal. The
bill obviated fhe great objection which had been
made to war, viz: that il. must be a #ar against
two DBiions. Now this bill care choice to those
nations which would make herself our enemy;
and it would be equally the interest of both to
withdraw its decrees or orders, and place the
United Slates at war with the other. Me had
DO idea of consuliingthe interestsof those nations
more (ha D our, awn; and if it was ascertained
Ihat those nations were determined lo continue
their orders and decrees, no geiiilenian in the
House would say that this nation should not re-
sist them, eicept perhaps the gentleman from
New York (Mr. GiaDBiiiEB) or the gentleman
from Eentudky (Mr. Lton.)

The Committee then rose, and on the question
that it have leave to sit again, it was, after debate,
granted.

TsnitSDiiT, Februapf S3.
A motion was made by Mr. Rhea, of Tennes-
see, that the House do come to the fallowing re-

Setoltitd, That an order of this Bouse of Iha laili
instant, directing " that, until the end of the present
session, th* daily hour of meetint ihallbe ten o'clock,
and aboold & quomm not appear, the nimea of the
memheri diall be called, and those present noted in
tlio Jonmal of each day," be lesdnded.

The resolutioD was read and ordered to lie on
the table.

The House proceeiled to conajder the ameod-
menls proposed bjr the Senate to the bill, entitled
"Ab act for the disposal of certain tracts of land
in the Mississippi Territory, claimed under Span-
ish grants reported by the Land Commissioners
as antedated, and for other pDrposes:" Whete-

/teaoltied. That this House doth agree to the
Btsi, second, and third amendments.

Jletolced, That this House doth agree
fourth and last amendments of the Senate .. .
said bill; and that the title be, "An act for the
disposal of certain tracts of land in the Misais-
aippi Territory, claimed under Spanish graots te-;
po|:t«d by I be Land Commissioners a^ aai^fl;^
10th Coii. Sd Sbss. — 18

and to confirm the claims of Abraham Ellis aD<l
Daniel Har regal."

INTALID PBNSIOKEOS.

Tfae House resolved itself into a Committee of
the Whole on an engrossed bill ebaeerning inva-
lid pensioner.*; and, after some time spent therein,
the Committee rose and reported an amendment
thereto. The House then proceeded to consider
the bill; Whereupon, the amendment reported

ereto from the Committee of the Wbole House,

strike out the fourth section^ in the words &1-
lowiog, to wit:.

Sac. 4. And be it farther enatted. That every
person who has been or ihall be admitted (o s pension
under the jAovkion of the aforesaid act of the tenth of
April, one thoasand eight handled andsii,Bhal] be en-

to leceive a snm equal la the aggregate amonnt

ch pension, ealcniaied from the time when the dis-
ability, in coniequenee of wbich it wu granted, waa
incHrred, to the time of his admission on the pension
list"—

being twice read at the Clark's table, the ques-
lion was taken that ihe House do concur with the
mi ttee of the whole House in their agreement
to the said amendment, and passed in the nega-
tive-^yeas 48, nays 50, as fallows;.

" lis — Willis Al*lon,jr., David Bard, Joseph Bar-
ker, John Blake, jr., Adam Boyd, JiAa Bovle. Wil-
liam Butler, John Davenport, jr., Meahadt Frsnklb,
Thomas Uliolson, jr., Petenon Ooodwyn, luiah L.
Green, John Harris, John Hsiiter, William Halms,
James Holland, David Holmes, Keuben Humphreys,
Daniel lUley, John Limbett, Nathaniel Macon, Robert
Marion, Josiab Masters, William McCreery, Osniel
Montgomery, jr., Jerenish Morrow, John Morrow,
Thomas Newbold, John Rhea of Tenneaies, Jacob
Bichards, Matthias Richards, Benjamin Bay, Sbcneier
Beavar, Bamuel Shaw, James 8lo«n, John finulis,
Richard Stanford, Clement StJirer, Samuel Tsggart,
Benjamin Talhnsdge, John Taylor, Abram Tiigg,
Qeorge M. Troap. Daniel C. Venilanck, Jesse Whar-
ton, Robert Whilehill, David R. Williams, and Alex-
ander Wilson.

JSitt — Evan Alexander, Lemuel J. Abton, Etekiel
Bacon, William W. Bibb, William BUckledge, Thoe>
Blonnt, J»^|h Cathonn, Epaphroditna Champion,
Martin ChilMnden, John Culpepei, Josiah Deans,
Junes Elliot, William Ely, William FiodJey, Jamea
Fiak, Francia Gudncr, James H. Oamett, William
Hoge, Benjamin Howard, Richaid Jackson, Robert
Jenkioa, James Kelly, Joseph Lewis, jr., Edward
Lloyd, John Love, Matthew Lyon, William Milnor,
John Hontgamery, Nicholu R. Moore, Jonathan O.
Mosely, Gurdon B. Mumford, Thomss Newton, Wil-
no C fjicholas, Juaia)i I4uinc7,JohnRaDddph, 8«ni'
uel Hiker, Jeilediah K. Smith, John Smith, Samuel
Smith, William Stedmsn, Lewis B. Surges, Feter
Swart, Jabez Upbam, Jamca L Tan Alen, Philip Van
CortUndt, Nicholas Van Dyke, Arehibald Van Hon,
Killian K. Van Rensselaer, Maimaduke Williams, and
Nathan WUaon.

The bill was then read the third time: Where-
upon, a motion was made by Mr. Hoi-LiHn, that
the bill be recommitted to the consideration of a
Committee of the whole House: and the qnea-
lion beiiig put thereupon, it was resolved in Ui«
affirmative.

.yGoogIc

1607

BISTORT OF GONaBESS.

1508

H.opR.

tibn'TfUereOttne.

FeBBtTART, 1809.

N0W-INTERC0UH8E.

The Houia went iaro a CoTnmitiee of the
Whole, on tha bill from the Senate for Uiiprdici
ing eommerciat intercourtr, &c. Mr. MiaTsas'
motion for (trihiag out nrl of the, elerenih section
being yet under coaai deration.

Mr. J. O. Jaocbon moved to atrike out
whole of the aeciion precedin^c the proTito, for
thepurpoteofinaertingthefalloiringameDdmeiit:

"If altsr Onat Bnlaia or Franee iball revoke aoch
of their order* or daeTeea,lawi, or adieu, u Tjolcte the
lairftil oommaiM andneolral rishtaof the United State*,
of which rerocatian the Prcaident of tha Uoited Stale*
ahall glTe public notica bf proclamation Hiing the time,
•rhidi ihall be at the expiration of fiftj daja from the
data thereof, when the operation sf ihia act andalao of
tha act layins an embar|o, &c >hall cease and detei^
mine j and the PieaidenI of the United Btatea ihall i
the eipiratian of the time limited m the nid procli
mation iuue letter* of marque and repiiial againil
the nation nhich ihall eontiaue in force ila unlawful
•diet* afainat the commerce of the United Stalea.'

The reaaon he aaiigned for it was not a hoiiilitr
to the priociple, but ihat, aa tbe section now ttood
it gaTO the President n discretionary power ti
judf[e of the time at whiah the commerce of thi
United Stales would be safe enough to warrant
the withdrawing the embargo ai relaiee to either
Power, dfcc.

Mr. RAifDOLPB called for a division of thi
^ueaiion on striking out, lo as to take the quea-
tion diaiincll}' on airiking out (be two clauses of
the section.

The question was taken on striking out tbe fltsc
clause of the section, and negatived, 52 to 47.

The quesiiou then recurring on striking ont the
lecond clause, being precisely tbe motion of Mr,

MiSTBBO,

Mr. Dana objected to tbe clause for a Tariety
of reasons, because i[ deleeaied to ibe President
power which belonged to Congress only, by mak-
ing him judge of what " pledges and precautions"
were "suitable;" ihai u authoriied the employ-
ment of private force in a case in which tbe pub-
lic force was not to be employed, which is « dot-
ellv; it contemplated not actual war but invited
individual enterprise; It waa therefore k mere
menace, {[oing npon tbe principle that privaie
reaaels might be authorind to make reprisals
where the public force was not presumed to be
employed ; it was therefore a measure unworthy
of the Qoremmeni, and unknown in the history
of nations. The construction of the section too
was singular, and he was astonished that suah a
bill should come from the Senate. It made no
.regulation* as to what disposition should be made
of the JH'operty captured by these vessels, whether
declared good prize or not, A.e. It was a mere
vague proposilion, and unworthy of ihe Oovern-
ment, as it proposed war ))y individuals while the
nation shrunk from the contest. He objected
also to tbe condition on which letters of marque
were to be issued — ihat on one BBtioo'i ceasing
to wrong us, we should agree to fight another.
He objected to it too, because it transferred to the
Precident a legialative power, bf nuking the is-

suing letters of marque dependent on the events
which in the opinion of Ihe President should rea-
der thecommerceof the United States sufficiently
safe, &<:.

Mr. J. Q. Jackboh renewed bis motion to strike
out the whole section, except the enacting clanse.
He Rcknowledged the justice of the arguments of
[be gentleroao from Connecticut ; bat as a session
of Congress would intervene, the objection to ihe
defect in detail would fall to the ground. The
amendment which he intended to oner, would re-
move the remainder of the gentleman's objections,

Mr. Rahbolph called for a division of the
motion at the same point as before. He said if
tbe Senate had erred, ihe error was not to be rem-
edied by the proposilion submitted to the House.
It was only putting a tortoise under the etenhant;
for the system would be liable to precisely the
same objections as Ihe cIrusc proposed to be
amended. Mr. R. went into an eiamination of
theamendment which Mr. Jaceboh read.tosbow
that this was the case. It was in fact tlie same
point now which the House had under conside-
ration a few days ago^— a declaraiion of war in
fuluro, learing it to chance as to whom and how
war was to be declared; with a mental reserra-
lion at the same, lime, that alt this was mere pen,
ink, and paper. It was complying with the ob-
ject of those very belligerents whom it proposed
to resist, viz : involving us in Ihe war — setctog the
netioD Dp to the highest bidder, the kindest keeper.
Was (his tUgniijrf Was ihis the spirit of TBJ
He described this bill from the Senate as a new
alternative, never discovered by the Committee
of Foreign Relations, Who had some lime ago
presented three of them to tbe House. Hespoke
of the proceedings of tbe present session. It has
been said (observed Mr, R.) ihat ihis House has
been acting under a panic ,' and allusion has been
made to a particular quarter of the Union as the
cause of that panic. I trust, sir, that ihe meraben
of this House will think it mor^ honorable to
themselves, if they are to be inQuenced by fear,
and I hope they are cot, to yield to the wishes
of a great and respectable portion of the Union,
than, afler having eipreised a. disposition to grat-
ify that srclion to be whipped in by an editorial
paragraphist. It has been truly said that ibe
Ooveroment of France was destroyed by the Par-
liaments putting the galleries in the place of the
house, by legislatiogunder the hisses or appjaosn
of the galleries. This was a horrible stale of
things. But if any body of men is to luislate
under hissings, where is the difference, whether
they come from the galleries, or, from really the
most worthless part of the community? Whe-
ther from an individual who arrogates to himielf
merely the right, which as an individoal and
freeman be has of judging of the conduct of this
House, but of prescribing what ilsboold do T And
when, sir, I indulge in these observations I feel a
-pugnance at comparing such an andieoce as I

e arouod me to persons of that descriptioD.
The foreign difficulties in which we are now in-
volved, Mr. R. aiiribuled to ont own oversight ;

the TejeclioD of a treaty which might have

.yGoogIc

1509

HISTOEY OP C0NGRB8S.

1610

NonrhtUrwmrte.

iaaEiIUBlion far preferable (o thai in which
ET found iueir. But, iosiead of that, our Oov-

BDt had searched tbe volumes of P»ffendorf,

ManeD, VaitBl, &c., and produced whole Tolumes
of diplomaiic correipon deuce. He said he could
almost vish ihai tha curat* and barber would
come iato the library aad' make a bou&re of all
tbe rubbish which had led u» lo thit wihdmill ex-
pedition. With regard to onr domeslic diffical-
tiei, Mr. R. cOQceired that tb«f were all of our
own ereatioD ; that tbep had been produced by
ill-judged coDducb He compared tbe preteal
and late situation of ibis couotry with that of
Great Britain under tbe administration of Lord
North. He said Congress were not now,4jke
Maebetb, in a situation where to go on was as
easy as to retreat. He expatiated op their pres-
ent difficulty ; and condemned [be policy which
had prereated the House from agreeing lo the
proposition of Mr. CniTTENnEH, torepeal the em-
bargo at the commeucement of the present session.
If Ibey now iateoded to modify the embargo at
all, ha begged of geotlemeti, for Qod's sake, for
tbe loTeof country, taking warning b^ the pati er-
rors of iheir former masters, (theUinistry of Lord
North,) not lo retain one tola of that obnoxious
principle which bad put ibis continent in an np-
roar. Rather than continue it, he would join any
man in war, however averse he might be to war.
And be was opposed to war ; but, put the embargo
in one scale and war in the other, be would take
war — and why 1 Beoaose foreign War was belter
than domestic war. He said that this nation could
not on to war with a formidable minority a^inst
il. The bill before the Committee mieht briog on
war, though it was not intended. Yes, sir, said
he, it may bring us lo fighting and to disgrace;
it is Bometbine tike dressing ourselves up in a
dough'faae and windin^-sheei to frighten others,
who may blow our brains outat tbe moment we
suppose them in the height of th^r terror.

Hr. J. O. JicKBOM otieeTved that it was his
opinion that it would be mora to the honor of tbe
nation to panevere in the embargo until they
went to war ; but tbe majotity of the HousC'kp-
peaied lo be of opinion that neither course was
proper. That being tbe case, be was willing lo
maae the ground as tenable w ha could, so as to
■void downright submission. He leplied to va-
rious observations made by gentlemen who bad
spoken on the subject. - In lelation to domestic
difficulties, be sbonld beat little influenced by
attack*. through newspapers, as by popular meet
ings, en listing the people wita arms in their baodi
in opposilioa to the Quvernmeni. Id relation ti
the treaty negotiated by Messrs. Monroe am
Pinkney, be said that the rider attached to iha
treaty gave a license lo tbe British QoveinmenI
to pursue the very course which now produced
our difficulties, and Mi-Caaning maintained that
to hare been tbe construction of it. Mr, J. said
that he wan not yet pre|)ared for burning the la,w
of nations, and substitatiof force ibf law. As (o

'iolatioos of tbe embirsa or of the proposed aja-
tern, he observed thai all laws restraining the ae-
tions of men wculd be more or less evaded ; this,
therefore, could be no argument asaiDst any law
nroposed; the same objection wooTd lie against a
law for the punishment of murder. Hr. J, spoke
for about half an hour, ,

The question wss then taken on striking ont
tbe drst clause of the section, and negatiref— 5ft
to 48.

The<iuesiion recurring on Mr. MssTsaa'a m(K
tion for striking out tbe remainder of the seetioo,
relating to tetters. of marque and reprisal,

Mr. Ltok spoke in favor of striking oat tha
clause.

Mr. D. R, WiLLisMS, viewing (hia section as a
measure contemplating further negotiation, wa«
wholly opposed to il. It said lo Britain, "we
will dismiss every other cause of c^narrel with
you, if you will reroks your Orders m Council."
It told our poor sailors, incarcerated in their
" floating bells," that we were ready lo abandon
them. The surrender to her of the right of im-
pressment, and of even other rights previously in
contest, was offered as the purchase-money for
tbe reiroeation of the Orders in Council; and be
blushed for bis country, thai such a proposition
■bonld be seriously entertained la this Honse.
He would declare war to-morrow moat heaflilf.
He would vote fdr a section for immediately is-
suing letters of marque and reprisal, but he would ,
cot barter away our rights for the revocation of
the Orders in Council. If we were to submit, be
wished to do it in ibat way which should carry
W much destruction Into the families of those
who cried out so loudly for the repeat of the em-
baiso, tbai they would rally round the Oovern-
ment in support of ibe country's tigbis.

Mr. EfPEH, too, was of opinion that there waa
no honorable course left for this country bat em-
ttargo or war ; bat a majority of the House hav-
ing overruled bis opinion, he must acquiesce in
their decision. Bat he could not consent to adopt
the measure proposed by this section, which, dd-
der whatever asprci he could view ii, appeared
calculated to produce no effect but disgrace and
ruin to the country. It could only be used in one
oi two ways, either as an instrument of negoiia- .
tion or as a measure of war. Mr, B. used some
arguments to show ibat, as an instrument of ne-
gotiation, proposing to each Power to pass over
all former injuries if it would withdraw its last
infraction of our rights, and, besides so doing, to
go to war with its enemy ; whatever might lie
the result, it could produce nothing bot ruin and
disgrace. It reminded him of a physician paint-
ed blind, with a club in his hands, his patient on
one Hide and the diseaie on tbe other ; slrikingat
random on each side, he killed the one to which
chance directed the first blow. And as a measure
of coercion, what waa it 1 Nut old-fashioned
downtighi war, but war deneuding on a eoatin•

feacy, It was agoiden apple held up.io the bel-
igerenls to be adjudged to the ewiflesi in reced-
ing. Upon the humor or whim of Talleyrand or
Canning, when they received the proposal, «»■•

.yGoogIc

Ifill

mSTORT OP OONGRES&

1612

H. or R.

PaBBUAiT, 1809.

tag perhapi Tron an nndignted diniffr. ««■ lo
depend our wat with eiilwr Prance or Eaglaod ;
•■d we are to preteot oanetreg as a couriesao to
tha poDuied einbneei of England, or be fixed on
the iinperial ear, id either case bribing; Prance or
Kngland by froing to war wiih the enerny of the
one which ifaould b9 the first to embiaae our offer.
WbicheTBT ahonld accept it, dingraee and ruin
■MHt be the result. Rome, ai one time, waa raid
to want nothiog but a bidder ; bat Rome had its
age of vinne. Mr. B. raid that it seemed as if
m, tn o«T rery tnfancT, had all ifae degeneracy
of the tatter day* of old Romp. Ifthere was doI
^rtunerB enough to take a manly attitude, be
hoped the House would noCiake this thing as a
avbstilDte for it.

Mr. PiaK was against alrfhing oat this claose.
After Rorpe r«tDarli!< in reply ro Meiisrs. Ran-
dolph and Ltom, be raid that he regretted ex-
oeedingiy the situation In which the House was
placed ; that this clause should be itrickeii oat—
for it wouid be virtually sayirg that they meant
to lake no honorable ground, that they would
«ubmit. He believed that lemporizing would
tuin the nation. As to opposition of the people
n the Bast to war on any term«, he. said that,
'excepting a few who baiT been opposed to the
Revolution, aad who atill looged for British do-
winion. ibeW were not many who would not join
their Qorernment in a war against either Orett
Britain or Prance fot the mainteDaoee of otir just

The qne«tion was then uketi on etriklng out
ibat part of the bill from the Senate relating to
lettem of marque and reprisal, and earned—
»yes7S.

Mr. D. R. V/nA.iAMa their proposed hia atneod-
ment for nibstiiuting a diarriminaiing duty ef

percent, as a tvbstittiiefor tbenon-impotla-

titm n-om Oreat Britain and Prance.

TheCommiti«eimmediaIelyroie, without tak-
ing a queetinn, and'obiaued leare to ait agaiq.

' FsiDAY, Febriwry 3i.

e table, in the words following, to wi
Retohed, That an order of tbii Hanaeof the eighteenth
initant, directing " that, nntil the end of the preamt
■ataaion, the daily hoar of mairting ihall be Ian o'clock ;
-and should ■ qnonim not appear, the nimea or the
■aembflrs shall be caHed, And Ihoae preaMit noted in tha
;J««iaat vfcach day." be reKanded :

The qnestiott was taken Ihereopon, and jMased
'hi the negative.

NON-iNTERCOUKSK.
The HoDse went again into Committee of the
■Whole, on the bill from the Senate for inrerdlcl-
ing eommereial inlertouriie, Ac. Mr. D. R. WrL-
LIAUe'e amendment being under consideration,
fit: to strike oat thai part of the law relating Ic
<iion-im porta t ton, and iiisert a provision for dia-
erimi Dating dutiea —

Mr. D. R. WtLUAHB rose to rescue himieirrraiii
an imputation of intending directly to harara the
hill by Ibis amendment, because he intended ereni-
naliy to vole against ii. Hesolemnly abjured moy
such an intentioa. Any member who would at
this lirae make such a motion, with a view ta
embarrara the proceedings of the House, wonld
deserve a hsller. Perceiving that a large major'
ity of this House was determined to repeal tbe
embargo. and not to fight, he had been induced to
offer to tne House that, which, to his nndersLind'
ing. appeared tbe best plan that had been pre-
sen ted. Mr. W, oSered many reason* against the
non-intercourse bill ; amongst others, that, instead
of being coercive, it would operate as a premimn
to the navigating interest of Qreat Britain ; that
two yesn' continvance of it would be worth
millions to Great. Britain ; that it also injared
the agricultural interest of this country, layiac
additional obstrueiions on the sale of its prod-
ace ; that it seemed aa though, lest the people
should believe the embargo waa a wise mearare,
ihcy were about to pursue the vtry course which
would prevent the people from receiving a con-
viction of ilg protecting policy. The course which
he proposed would at least prevent this evil, by
practically demonatrvting to the people the effect
of the Orders in Cotmeiland Decrees, which were
the causes of the embargo.

Mr. Bloak regretted that thia deceptive mees*
ure was proposed, nominally contemplaiiog a
repeal of the embargo, but which would prodaee
little or no benefit. He dercribed the body politic
to be laborinic under a diaoider, as an iodividul
with a dreadful oftncer. When be beheld the sit-
natioo of this distressed country, he felt i"! hia duty
a^in to address tbe Honse, and caH their aiten-
iLon to the remedy. Inpiend of (he inveterate
passion for war with the belligerents, which
existed in a part of (he House, he reconmeodcd
another species of war^ w«r against the pas-
sions— in which. thoQgh no friend towar,hehad
no objection to engage as a volunteer. Hcagiecd
with (he gentleman from South Garolioa, (hat, if
this bill patsed. it would be just what the Court
of Great Britain would wi4i. Hr. 8. said be
should proceed in hia renwrks without any fear of
falling uniler tbe isle subslitnte for commoa la^
vi«: (arowdJtttlAew— even though he was prom-
ised "a full suit of boraespoQ froat heed lo foot,'"
by tome heroes of Philadelphia, and althoogh he
was -well acquirinied With the power and disposi-
tion of (he Eioentives of some Stales to aereen
offenders from punishment. Mr. 8. stated vari-
ouB objections to the bill. If it w«re oonfinaed
long, there would he no oeevion for emp^ingk
committee to inquire what disposition sbonld be
made of the Burplua moneyin tne Treasury. He
was in favor of Mr. Wiluamb's amendmeot, a*
tending to increase revenue, (o nromote vnioa,
and secure the happincM of the United States.

Mr.LYonalsospokea^instihenon-inlereoanie
system, ond in favor of Mr. WiLUAiia'e amend-
ment, at some length. Mr. L. was opposed 10 tha
hill, as tending to destroy revent^e and mvigaiioa.
He never had wantad a anhstttaie for the era-

.yGoogIc

1513

HISTORY OF CONQKESS.

1614

Fbsritabt, 1809.

f/oH-BOercoatve.

H. or R.

bftTgo — one eiit for aoolher. Bot, rather iban
continue the embargo, be would lakeaucb a mad'

migbt be operative aa Qreai BriUiD. wbilst ibe
non-iDiercDDrie would be wiiollf ineScHnL

Mr. Taylor oezt ipoke oq the subjeci. He
coDsidered tEw bill uponibe table not to hkTe tbs
merit of resistance, h was ^ubmis^ion to trade
in the track pointed out by ibeOrders in Council.
And yet, gpnilemea said they would BOt submit.
-Could gentlemen to deceive tbemseUea a> not to
lae tliat they were in fact suhmitiiBf to the Btit-
IshOrdersin Oounein It wasasurreDderor the
navigBiioa of the world to Ore^ Britain; it made
her the carrier of our produee. That this was
the effect, could not be cOocdaied. It was woo-
Jerful-tbatj like the ostrich, biding its head, and
supposing Its wbole body out of sight, gentlemen
should tarust their heads into n btioeh of bram-
bles, and suppose that Ihey hid thp effect of this
system. OenllemeD said that Ihey would not
legalizes trade to Great Britain under tbeOrders
in Council, at the same time that they. aatfapriKe
■ trade wiib her through lbs depOts, (he circuity
of the voyage only tending to the benefit of Great
Britain, by giTing- to ber tbe carriageof our pnxl-
ue«. Mijjbt not Sweden and Spain too want a
little profit, tiace monopoly was tbe order of tbe
day, and impose duties at the enitep&ts? It was
a great objection to this system, too, that it could
not be maintained ; and be called upon Ibe House
not to take a position lik« this, wWb their suc-
cessors migbt be obliged to abandon with disgrace.
Fraooe aad filoglaad could bm, as well as oUr-
wlve«L that tb« system could not he maintaiDed ;
and if they ahooM aeeamnlate injuries on our
heads, the sinews of war beiuff relaxed, we should
not be in a siiua<ioo eErectuaily to reside It was
^Uo tbnwing all advantages into the hands of
Britain, whilst Prance was deprived of any por-
tion— being submission to tbe one and opposition
to the other. The eiclusion from French ports,
too, would be sevErety felt by the planters of cot-
ton ; for, besides tbe loss of a market for such a
proportion of the crop, the glfitting of the British
market with so large a surplus would depreciate
its value enormonsl);. He called upon gentlemen
not at this time to ^ve a monopoly to Britain at
Qur own expense. Desirous to-do equal justice to
both natiouK, as w* would not fight them, and to
do equal justice also to ourselves, and not tu fol-
low the very meanderings of the Orders in Coon-
eil, he was opposed to tbe bilh He also objected
to the phraseology of the bill: "Qreat Britain and
France and their dependawiet." Who was to
Judge what naiiona were dependeneie»7 — wbether
the term included Holland, Spaiiirind PortugaM
In rekatien to tAr, WiLLUMa'a amrndraenl. he
eoniidered it to be one which the United Slates
could Hand by — which would increase i
Boe, and have seme effect also on the interests of
tbe belligerents. It would be better thaa any other
system proposed aia measure of resistance — would
Maefit Dui merchants, and enrich the Treasury.
■Ur. Qaibxbb wm apprehensive that the ie>

raainder of tbe session would be coommed in
debating this bill, a^d that Congress would sepa-
rate without remaviog the emfaairgo at alL Tho
coDseqaenee of suab a procedure he deprecated.
Ht bad been in hopes, that when the embargo was
repealed, if a substitute was considered necessa-
ry, it might be a neaiure wbicb would beneSi th«
country, and not be equally obnoiious with th«'
embargo. Hedeprecated the effects produced by-
these lawi on the people, and the eonieq'ueaea
which must result from a further coniinnance of
L. He described the New England States.
He coooluded his observations by reading an
from tbe Inaugaral Speech of the present
PresidMi of the United States, the seniimeata
contained in which he fully approved.

Mr. GaOLSoti said that the bill on the table was

)trs favorite plan with him; but, as be should
probably' rote for it, he wished to rescue it from
someof the imputations east oa it. Both the gen-
tlemen from Sooth Carolina (Mr. Taylor and
Mr. D. R. WiLLiAus) had advocated the resolu-
tion reported by the Committee of Foreign Rela-
linns, proposing this very pJan. As to the argu-
ment that this bill operated to carry into effECC
the Orders in Council, the same objection might
in the same manner be made to tho embargo sys-
tem, of which both those geutlcmen were suvnu*.
oo> supporter*. This argument, therefore, bad no<
weight. He denied that we submitted iq British

xalion bythlsbill. For.anppoiiug our produce
_ go to the eatrepAt, tbe British capitalist there,
purchasing it, would bave to pay in Great Briiaia
the tax on our produce destined for Ibe Continent, ,
instead of our paying it- In this way, therefore,
we did not an directly come under the operatioit
of the Orders in Council, as by (radiOR direct t»
Great Briuio. Was there any American who
would be willing l« resume our usual inlercoiasa
with the belligerents, while all the black catar
logueof out' injuries were uaal«Ded 1' Suf«ly not|
and yet, this appealed to be contemplated by tha
amendment of tbe gentleman from South Caio*
Una. The discriiai noting duty would affeet not
the belligerents, but our own citizbns ; it wmiU
fall wholly upon tbe consumers of our imperlh
Sooner than trade thus, he would make a bonlin
of all our produce, as the gentleman himself ha4
belbre proposed in an eloquent speech. It would

Iso be a direct submi^sioo to trade under the
)rder9 in Council : it could not be denied. Com-
nerce must at tome time be resumed. If we were
to have war, we must have some commerce. Let
gentlemen paint out a system by which com-
merce could more honorably be pursued^ in the
present convulsive state oflhe world, than it coutd
under the proposed law; for, as it had bera ob-
served,'in the course of tbe debate, it was easier
to find fault with a system than to invent one.

Mr. D. R. WM.LiAiie rose to rescue himselt
frdm any imputation of ineonsi^tency. He bad
been extremely happy when the gentleman ross
to heat him avow his intention of rescuing the
hill from some of the impaialions cast on it, for
really it was somewhat necessary, as oo reasoiia
bad yet beea offered in favor i>f the bilL Bnt ha

.yGoogIc

1615

mSTORT OF CONGRESS.

1516

FBBRnART, 1809.

!Dikman hid ■ucevedeil in liia

bad been idopred at the cooinieDeeineDi of the
■enioD,had been inteaded to go in aid of iheem-
btTgo; ii did Dol contemplate a repeal of tbe em-
bargo aa this bill did, «od there wu, therefore, no
iocoDtiaieDcy in Toiiog for ihai reiolniioD and
against thii Dili. A* to the additional dutf being
K batden, if tbe law passed as ii now stood and
was esecuied, it deprived the people of tbe arti-
ele aliogeiberg if not executed, liie premium to
ibe smuggler wctgld amouat, in some cases, to
000 per cent, insiead of 50 or 25 per cent. And
BMoestionablf it could not be eiecated ; for, not-
wtUtMaodiDg the existence of actual ivarbetweeo
Oreal Briiam and France, and all the levenue
officers and inilitarjr furce of both, (he British
market bad ilvavs been supplied wiib French
claret aod Spaniia wod. The gentlemau from
Virginia had endeavored to saddle him aod his
ftiend (Mr. T^tlos) with iaconsisiency because,
he could not defend tbe bill — foi it could not be
defended.

Mr. Baoom, howeTir be might be prepared to
vrge arguments agaiiut the bill, said he could doI
Ib cbariif-push ine argumeot any further unon

Santlameo ; for no geaileman. bad attemplea to
efeod it except ibe gentleman from Virginia,
(Ur. OHOLaoM,) who, with the charaoteristie

Sll&Dlry of a young and active Mldiet, bad done
» best ba could for il. Mr. B., however, only
loae, as be had been alluded to as having at
smendmeDt in his poesesiion, to read it to ihi
^Mise. Mr. B. read tbe following section as au
•men dment^ which, in connexion wiib other sec-
tions coDiHining details, he intended to propose'
if Mr. Willumb'b amendment should b; carried

" And be it furthtr enacted, Thmt the ccmmsnilor
and crew of tnj merehtnl Teisel of the United States,
owned and nsTigatad nhoUj bj a ciliHD or citiuas
flwreo^ may oppose and defend agrainit ahy unlanfdl
teatraint or seisure not aathaiiied by the ciutomai;
•nd acknowledged law of nalioni, vhldi shall be at-
n such Teasel, or upon any olber
lavlgated ai aroresaid, by the cDloiiutDder

m of an; foreign armed « bhiI, uid may repel by

ibcee any asaanlt oi boitility nhtch shall be made or
committed on the part of such foreign armed Ter~~'
■orsuing such attempt, and may subdue and cspt
Qie same ; and ma; slao retake any Vouel owned i
navigated as afbreHid, nhich may have been captured
ooDtrary to the customary and acknowledged laws of
nations, by any foreign armed vesael."

Mr. B. observed, however, even if tbe bill should
not be amended, he should vote ibr it, chiefly be-
cause the term of its duration wets limited, and
it might produce a little good.

Hr. J. G. JACKaoN conceived that thi ^
dient proposed was even worse than tbe non-
intercourse bill. He rose, however, to expose
the evil tendency of the amendmeni suggested by
Mr. Bacqr, which cootemplatEd giving Comer-
chants the power to choose what attacks or seiz-
ures they chose to consider unlawful, end thus
involve ilie United Slates with whom ihey chose.
He warned gentlemen againtt adopting it. If

war waa to be made, let it be declared accordiDf
to (be Consti(Q(iOQ.

Mr. W(lmihb's motion was then oegaiiTed,

31 to 50.

Mr. Cook renewed the motion to strike oni the

me part of the bill, for (he purpose of inserting

amendment for arming our merchant vessels

a subititule for it. In support of his motion,

r. C. urged a number of arguments. He was

opposed to the n on -intercourse system. There

vas no fear of (he arming system driving tbe dr~

lion into war; for, whatever ac(i should be com-

nicted by our armed vessels, would be the acts of

ndividuals and nol of the natioo. He bad heard

from parts of the Uuictn, from people not to be

iterested in or injured by such a eoune,crics for

ar.war,warl A( whose expense? No(a(theirB.

but of thoxe on the margin of the ocean, who «li

ihed for peace. Mr. C. again deprecated tbe

of tbe embarcv, and expressed his

~ with Mr. Randolph, tbat

tempted upon
aimed end nai

;x°:

concurrence
oar Admin istrat.^.. .
wha( similar to VTa
British Ooverament.
posed would proi

WpursaiDKB.

of Lord Nor

lorth tmder the
The course which be pro-
onion, and again unite m
divided people. Tbe following is the amend-
ment which Mr. C. proposed to insert:

"And be it further enaeled. That, from and allet
the twentieth day of May next, the men^iBnt rcHela
owned wholly by a citiien or citizens of the United
States, and navigated trholly by citiiena of the United
States, and not in any part laden with goods contnr
band of war, and not traund to airy port or place «c-
tnally blockadad and invested, and paranbg a eom-
merca permitted by the Utra of the United Stales, may
be armed and e^nippad, and may defend their ncntral
rights, by resislmg the lata daefeaa of Pmtce and or-
dera df Great Britain, which violate the long eetab>
lisbed rights of nsutrslityi and may repel by force any
assault or boatittty whitji ahall be made er committed
an the part of an; French or BiitiA veMel of war, in
pursuance of aui^ decrees or orders; and (a mbdoe
slid capture the same ; and to retake any veaael of lb*
United States, onned, navigated, ladened, and bound
as aforeeaid, whicb may have been captnred pursuant
to scdi decrees or orden bj any vessel sailing nnder
French or British colors, and acting or pretending to
act by or under authority of luch decicea or arders
from the French or British Oova

Mr. HoLLaitB thought it would be better at
once to withdraw all our measures, to undo every-
thing tbat bad been done, than to adopt the gen-
tlemao's ameodment. Of all others tbe system
of arming our merchant vessels was the most
futile tbat could be conceived. The merchants
would again come forward and call upon the
Government to uke up the cause. And was the
Government again to be duped by themi No;
for if (he Qovernment had done wrong, in bis
opinion it was by going too far for the support of
commerce; and their efforts were rewarded by
tbe exclamations of the same people, who, by
their cries, bad induced tbe Government so to do.
Sooner than again attempt to protect them, if
they deserted (neir own cause, he would leave
commerce and the rights of ibe seas to ibe mercy

.yGoogIc

HISTORY OP CONGRESS.

1618

Fbbbdait, 1809.

NonrhatTCoKTte.

of ifae windi aad waves. He would repeal all
our (liscriniiiiBiiDK duties aod drawbacks, that the
nterchanis abould be hereafter precisely on tbe
same fooliog as foreign merehanta.

Tbe qaesuoQ was (hen taken on Mr. Cook's
motioQ and negaiived. 50 lo 45.

Mr. Marion moTea lo amend the bill bjr sirik-
iog out tbe fourth day of March, aad iniertiDf
the fifteenth day of March, as the day on which
tbe partial repealorihEembaTgo should take dale,
and thus to place all the poru Id the Uniou on
an equality — nefnttiTed by 56 to 45.
The bill was then read throUKh.
Mr. D. R. Williams inquired whether the bill
eziendiag credit OD rereoue bondv, tbe eontinn-
anee of which depends on the coniinnance of the
embargo, would be eoniinued after the passage
of this law.

Mr. NtOBOLAS said he conld ool^r "*'' ^^^ ■"-
diridual opinion that it would be still in force.

Mr. D. R. Williams asked whether it bad
been ooaside^ed expediea^bv the Committee on
Foreign Relations that that bill should conEiaue
in force hereafter 1

Mr. NicHOLAB replied that the committee had
not liad the subject under cod side ration.

The Commiilee then rose and reported the bill
as amended.

Mr. W. Alstoh hoped that the House wovld
not DOW consider the report, but lake up the ap-
propriaiion hill for the navy.

The House agreed, however, now to consider
tbe report— yea* 60.

The Bmendnteot made in the Committee, by
striking out all that part of tbe bill TelBiing to let-
tera of marque and reprisal, beine read, was con-
curred in — yeas 74, nays 33, aa folloirs:

Ysia— Evan Atsxander, Willis Alston, jr., Bzekiel
Bacon, Jowph Barker, WUlisiil W. Bibb, WillUm
Blackledge, John Btake, jr., Thomas Blount, Adam
Boyd, William Butlei, Epaphroditus Champion, Or-
chard Cook, Joba Culpeper, Samuel W. Dana, John
Davenport, Jan., Daniel M. Durcll, JamcB Elliot, Wil-
liam El;, Jobn W. Eppes, William Findlej, Meshack
Franklin, Juiles M. Qarnelt, Thomas Gholson, iun,,
Peterson Qoodwjn, John Harris, Willism Helms, Beu-
h«n HumphrejB, Daniel Haley, Richard Jackaon, Wal-
ter Jones, Jamos Kelly, Thomas Kenan, John Lam-
bert, Joseph Lsnis.jnn., Edward St. Loe Liveimore,
Edwsid Lloyd, Matthew 'Lyon, Nathaniel Macon,
Babert Marion, Josiah Maitera, William Mitnor, John
Morron, Joaalhsn O. Mosely, Gurdan 8. Mumford,
Thomas Nenbold, John Fugh, Joaiab Quincy, John
Randolph, Samuel Riker, John Rotrao, Jsme* Sloan,
Jedediah K. Bmith, Samuel Smith, Hen>7 Southaril,
Richard eunferd. William SCedman, Clement Storer,
Lewis B. Sturges, Petsr Swart, Samuel Taggart, Ben-
jamin Tallmadge, JoIhi Thompson, Jabei Upham,
Jamea L Van Alen, Philip Van Cortlandt, Nicholas
VanDyke,ArehihaldTBnHorn,KilliBnK, Van Rent-
selaer. Daniel C. Verplanck, Robert Whitehlll, Isssc
Wilbonr, Daiid R. Williams, MamsJuke Williams,
and Nathan Wilson.

Nits— Band Bard, BnrweU Bassett, John Boyle,
Robert Brown, Joseph Oalhotm, Matthew Clay, Rich-
ard Cntta, Jo^ah Deaoe, Joseph Deaha, Jamas Fisk,
laaiah L. Orsen, James Holland, Daiid Hohne^

Richard H. Johnson, John Love, William McCreerji
John Montgomery, Nicholaa R. Moore, Thomas Moore,
Thomas Newton, Wilson C. Nicholas, John Porter,
John Rea of Pennsyliania, John Rhea of Tennessee.
Jacob Richards, Matthias Richards, Benjamin Say,
Ehensier Seaier, John SmiJie, John Smith, John
Taylor, Al^ander Wilson, and Richard Winn.

Mr. GHOuaoH moved to strike out the fourth
day of March and insert the twentieth of May, as
the lime at which (he partial repeal of ihe em-
bargo should take date. He said he had taken
this day in preference to the first day of June,
which be had before moved, because it woola
give an indubitable pledge to ihn people that the
repeal should take place, by Giing on a period
enierlar to ihu convocation of the next Congress
for the commencement of the operation of the

w. If the non-intercourse, system was to be a

twemieth oi May? It was a recession for such
a time from our ground, without any interposing
measure. He called upon gentlemen to show to
him thai it was not receding, ihBt it was not sub'
mission.
, Mr. LtOn said, that the nation was tired enoueh
of the embargo, and he hoped that they would
not coDtinue it any longer.

Ml*. BoTD rose to observe to those within Ma
hearing, that he wae not willing to aubmil lo tbe
dictates of Great Britain or fVance, nor of any
gcDlleman on the floor, and that be despised de-
Dnociations, come whence they would.

Mr. Macon imired (o strike out all that part
of tbe bill reioiing to the repeal of the embargo,
which motion superseded that of Mr. Qholson.

The question was then laken on Mr. Macon's
moiioQ and decided in the affirmative — yeas 33,
nays 82, as follows :

Yets— Dsiid Bard, Bumell Bassett, William W.
Bibb, William BIscUedge, Thomas Blount, John Bojie,
Joseph Calhoun, Matthew Clay, Joaiab Deane, Joaeph
Desha, Meshack FrankUn, Jamea Holland, David
\ Holmes, Benjamin Howard, John Q. Jackson, Rich-
ard M. Johnson, Thomaa Kenan, Nathaniel Macon,
Riibert Marion, John Montgomery, Thomaa Newbold,
John Porter, John Rra of Pennavlvanis., Jacob Richards,
Benjonin Say, John Smilie, Richard Stanford, John
Taylor, George M. Troup, Daniel C. Verplanck, Rob-
ert Whitehill, David R. Williams, and Richard Winn.

Niis— Evan Alaiander, WiUia Alston, jnn., £ze-
kiel Baoon, Joseph Barker, John Blake, Jan., Adam
Boyd, Robsrt Brown, William Buller, Epsphroditas
Cham|uon, Martin Chittenden, Orchard Cook, John
Culpeper, Richard Cn*, Samuel W. Dana, John Dav-
enport, jnn., Daniel M. Dniell, James Elliot, Wil-
liam Ely, John W. Eppea, William Findley, James
^isk, Baient Gaidsnier, Francis Gardner, Jamea M.
Garoelt, Thomas Oholaon, jnn., Peterson Goodwjn,
laaiah L. GiMn, John Harris, John Hciater, WtUiam
Hehna, William Hoge, Reuben Hnmphreja, Daniel
Ikley, Richard Jaduon, Robert Jenkins, Walter Jones,
James Kelly, John Lambert, Joss^ Lewis, jr., Ed-
ward St Loe Livennore, Edward Lloyd, John Love,
Matthew Lyon, Josiah Masters, Willism McCreery,
William Milnor, Nicholas R. Moots, Tbomss Moore,
Jonathaa O. Moicly, Guidon S. Mumford, Thomac

.yGoogIc

1519

HISTORY OF CONGRESS.

1520

H.OFR

Fkvidait, 18D9.

Newton, WiUon U- Nicholu, Joiuli Quiocj. Jobn
Bandolph, John Rhta of Tennegaet, MUthiai Rich-
aidi, Bimuel Riker, John Row*n. John RuucII, Lem-
uel SkWTBr, Gbcimer 8ei*er, June* Sloan, JededishlC
Smith, John Smith, Samiiel Smith, Hear; Boutbeid,
William Btedman, Clement Storer, Lenia B. Sturgea,
Peter Svrart, Samuel TiRgBrl, Benjamin Tallmarige,
John Thompaon, Jabez Upham, Jamee I. Van Aleni
Philip Van Cortlandl, Nicholu Van Dvke, Archibald
Van Horn, Killian K. Van Kenuelaer, Imu: Wilboor,
Marmaduke WilJiama, and Nathan Wileon.

The question recurring on Mr. GnoLaoN's mo
tioD, ■ diTisioD or ihe quegiioo was called for, so
a* to lake the question first op airikiug out the
words, "fourth of March."

Messrs. Mason,;. G. JACKaoK,aii<] TitODF.ad-
vocBled a protraction of the date. It wouLd be Ih'e

Seatesi injustice to the pons at a diiiiance froin
e scat of GoTcrDmeni, nat to eive notice of the
passage of ibe law, aad was in the face of the pro-
vision of the CoostitutioD, which required equal
privileges to every port. Messrs. Mastehb, Rah-
UOLFH, and Q,Dii<cy,coaiended fur an early or im-
mediate repeal, oa the ftrouod that the embargo
was originally laid wiihoul notice: that if our
produce was exported, it ooghl to be exported im*
mediateiy ;- and thai the people of Canada, or the
amugglers of Amelia island or elsewhere, bhould
not have an opporiuoity to take advantage of the
honest part of out cilizena.

The queslioti on Btriltiug out was negatived, yeaa
47, nays 66, ai follows :

Tixa — Gnn Aleiander, Willia Aliton, jqiIh David
Bard, BnnreU Baarctt, WiUiam W. Bibb, William
BlacUedge, Thomas Btouot, John Bovlc, William
fiutter, Joseph Calhoun, Richard Cults, John Da wion,
Josiah Deane, Joseph Deaha, John W. Gppea, Meshsck
Franklin, Tboioas Obdaon, jr., Peterson Goodwjn,
Jarnea Holland, David Holmei, Benjamin Howard,
John G. Jackson, Richard M, Johnson, Thomas Kenan,
WiUiam Kirtpatrick, Jobn I.nve, Nathaniel Maoon,
Robert Marion, John Montgomery. Tllomaa Moore,
John Morrow, 'Hiomu Newton, Wileon C. Nicholas,
John Porter, John Rhea of PennsjlTanis, Jobn Rhea
of TenneMfc, BoDjamin Say, John Smilie, Samuel
Smith, Richard Stanford, John Taylor, Oeorgrs H.
Troup, Robert WTiitehill, Isaac Wilbonr, David R.
Williams, Marmaduke WtlUama, Aleiander Wilson.

Nais— Ezekiel Bacon, Joseph Barker, John Btake,
Jan., Adam BDjd,Epaphroditnii Champion, Martin Cliit-
tenden. Orchard Cook, John Culpeper, Samuel W.
Dana, John Davenport, Jan., Daniel M. DnreH, Jamea
Elliot, William Ely, William Findley, Jamea Fiak, Ba-
lent Crardenier, Prancia Gardner, James M. Qamett,
buah L. Green, John Harris. W I tliam Helms, Wil-
Uam Hoge, Reuben Humphreyl, Daniel Ilaln, Rich-
ard Jackaon, Robert JeoUna, Xsmea Kellr^ Philip B.
Kay, John Lambert, Joeeph Lewia, jun., Edward St.
Loe Livermore, Edward I.loyd, Matthew Lyon, Joaiahi
Masters, WUIiara McCreery, WHltam Milnor, JonB-
tflan O. Mosely, Gurdon S. Mumford, "niomaa Nev^
l>Dkl,JohiiPugb, JoaishQnincy, John Randolph, Jacob
Rieharda, Matttaiaa Richards, Samuel Riker, John Row-
an, John Ruaaal, Lomuel Sawyer, Jamea Sloan, Jede>
Aah K. Smith. John Smith, Henry Southard, William
Btadman, Clement Storer. Lewis B. Sturgea, Fetar
Swart, Samuel Taggart, Benjamin Telimadge, John
Thompaon, Jabei Uphau, Jamea I. Vko Aleb, Philip

Van Cortlaadt, Nkholaa Van Dyke, Arohibald Van
Ham,Ki)liBJi K. VanReD»elaer,aBd Nathan Wilaoa.

Mr. J. O. Jaokson moved to atrihe oat that
part of the bill, giving ibe President power to
raise the embargo whenever the deereea of the
belligerent) are so modified. as to render the com-
m«rce of the United States snfficiently safe; lo
make itay tor the amendment, which he yester-
day offered, aulhorizisg the President lo iasue
leti«ra of marque and reprisal aaainst the Power
retaining in force orders and oecreea whenever
the other shall revoke its edicia. He observed
that there could be no doubt that gentlem«D
would agree to strike out this clause, whether
they agr«e to insert the subsiitute or not; for al-
moii every member wbd bad vnied for strikior
out the clause relating 10 letters of marqne and
reprisal, bad aaaigned at one great reason tbat it
gave Ihe President a Leginlaiive power, by ma-
king him judge of the events which might call
into aeiioD that prgvision of the law. The nma
uhjectiuD certainly Btlscbed to that pari of the
section whicfa he now proposed to strike ooL

The following is Mr. J.'sameodmeBt: To strike
out, after the words, "Aad be it further eiwcied."
iti thefirsilineof the eleventh section, as amended
by the House, the followiog worda:

" That the President of the United State* be sod ha
hereby ia aiithoriaed, in caae either France or Great
Britain shall ad revoke m- modify her edicts, « that thej
aball cease to violate the neutral comtneree of tha Uni-
ted BtBtea, to declare the aame by prodamadnn : aRer
which the trade of the United Statea anapended bj
tbia act, and by the act laying an embargo a« al) ahipe
and vessels in the ports and bBrbors of the United
Statea, and the seveiil acts supplementaiy thereto, may
be renewed with Che nation ao doing:''

And to insert, in lieti thereof, the words follow-
ing, to wit: ,

" That in case cither Great Brit^ or France shall
revoke her edicts alleged to have been made in relali-
ation oftbe edicts ofthe other Powers, and violating the
lawful commerce and neutral rights of the United States,
the operation of this act, and also a( the act laying an
embargo on atl ships and veasela in the ports and har-
bomofthe United Stales, and the several acta supple-
mentary thereto, shall oeue in relation -to the nation
so revoking, at the expiration of twenty days, to be
computed from the date of the notice of such revocation
to be given by Proclamation of tha President of the
United States ; and letters of msrque and r^riea] ahall,
at the aame time, be isaiied against the nation which
shall continue in force its unlawthl edicts, violating the
lawRil commerce and neutral righta of the United
States." '

The Houa« adjourned, 60 to 35, without taking
~ qtieadon.

SiTnoDAr, February 25.
On motion of Mr. WtLLia Aubtoh it was
agreed that ibe bill tent from the Senate, entitled
''An act to interdict the commercial lotereourse
between the United Slates and Great Britain wid
France, and tbeir dependencies, aad far other
purposes," lotether with the amendmenta agreed
and prdpoied thereto, do lie on the labh.

.yGoogIc

HISTORY OF CONGHEI^.

1622

Fehdibt, 1

Nam/ and jlrmy Appropriatioiu,

H. orR.

NAVr AND ARMY APPROPRIATIONS.

Tha House raiHrivcditaelf into a Onmmitlpe of
the Whole on tbe bill tbr ameitdiD^ ihe Aeis e<-
tablishiog the War tni Nivil Deptnmenu, and
makiog an appropHilion fbr ifae saimori of thr
Miliiarf and Naral Establishments for the year
1809.

Amongst other appropriations proposed b; the'
bill is one for fotli&calioDS, io addiiion to the
RUOa already appropriated at this session. Mr.
Alston proposed to appropriate ooe million of
dollars. It was observed br Mr. Blount (hat all
the money had been alreaoy appropriated which
was required by the Department of War. The
appropriaiioB was supported by Messrs. W. Al-
ston, Van Cortlandt, Cook, Mastebb, Troop,
Nicholas, aod Smilie, and opposed by Messrs.
Blount, STxyFOBD, BoTD,aDdD. R. Williaub.

The arguments in favor of this appropriation
were the itnporlaBce of peimsaeDt ilefence; the
defenceleis state of many ports, pBrlieolarly of
New York, which was the pride and bOast vf
the State; the probability of warj which ap-
peared now only to be delayed oii our pan from
tbe defeneelesa stHie of tbe seaports; that if war
was now to take place, the people of the cities
must fly IO the tnovDiains ; that it mifrht be suf-
flcient to complete them all, and would be the
last appropriation asked for.

The arguments agaiost it were: that as much
bad been appropriaieil as could be expended with
ordinary eienioDs; that the House appeared to

be

d of ri

aAce, and there was, therefore, no extntordinary
appropriatiou for forllficalions amidst attack ne-
cessary; [hat^ there were about 700,000 dollars
liable io ex[Hi)diiure for this object previous
to tl»e DBIt session of Congre; "

fied, or that gentlemen would be aatisGed ; that
wnr was not delayed by the defeneelesa state of
the aeaporte, btit b^ the indisposition of mercan-
tile men to go to war agBinst foreign taxation on
the produce of the soil — if it bad been'on ships
or t^e shipping Interest they ironld have been
clmmoTDns for war.

The Commiicee agreed to insert one rotllion of
doMars, by a majority of eleven votes. The bill
being gone through, the Committee rose ahd re-
ported it.

The question on the appropriation of one mil-
lion of dollan for fottiDcationi was taken, and
decided in the affirmatire — yeas 61, nays 45, aa
follows;

YiAB — Evan Alexinder, Lemnel J. Ahton, Willii
Alston, jiin., Bzekiel Bacon, Williun BUcliledgr, Jfihn
Alake, jr., John Boyle, Bpaphrotlitas Chsmpion, Mar-
tin Chittenden, Orcfaard Oo<A, Richard Catta, John
Davenport jr., John Dawson, James Elliot, WiJIian
Ely, William Findley, Fronds Gardner, John Hu-
IHi Wilhaio Helas, David Holmea, Benj«min How-
ard, Reuben Homplireyi, Daniel Ilaley, Jolin G. Jaok-
■on, Richard Jackson, Robert Jsnkin*, James Kelly,
Joaqih Lewi^ Jan., Edward St. Loe Ltvennore, Josiah
Masters, Williun HcCreery, WUliaia Hilnor, John

MontgoiDery, Nicholaa S. Moore, JonaAan O. Moaeljr,
Gurdon 8. Mumford, Thoate N<wb<4d, Thomaa New-
ton, Wibon C. NicboUa, Jonah Quincy, Samnel Hi-
ker, John Rowan, John, Rntsell, James SloaB, John
Smilie, Willism Medman, Clement Btorer, Lenta B.
8turge«, Peter ^wsrt, Saianfl Taggert, Benjamin
Tallmadga, John Thompson, Jabez Uphato, James I.
Van Alen, Philip Van Cortlandl, Nicholas Van Dyke,
ArcbilifJd Van Horn, Killkn K. Van Rcnuelaer, Dan-
iel C. Verplanck, Uaac Wilbonr, and Nathan Wilson.
Nais— David Bard, Joseph Barker. Wiliiam W.
Bibb, Thomu Blount. Adam Boyd, Robert Brown,
William A. Ssrwril, WilUsm Bntler, Joaeph Cal-
houn, Matthew Clay, John Cutp^>er, Joaiah Deane,
Joaeph Deaha, Daniel M. Durelt, John W. Bi^se,
James Flak. Meahack Fruiklin, Tbomaa Oholion, jr.,
Peterion Goodwyn, Iiaiah L. Green, John Ueiater,
William Hoge, James Holland, Tbomaa Kenan, John
I^mbert, Edward Lloyd, Nathaniel Macon, Robert
Marion, Jeremiah Morrow, John Morrow, John Porter,
John Res of Pennaylvania, John Rhea Of Tennosete,
Mattbiaa Ricbarda, Benjamin 8^, Ebeneier Seaver,
Samuel Shaw, Jedediafa K. Smith, John Smith, Rich-
ard Stanford, John Taylor, Robert Whitehill, David
R. Williams, Marmaduke Williama, and Aleiandei
Wilson.

The npproprialioD of $445,000 for repairing
tbe frigates was objected to by Mr. Macon, but
curred in — ayes 63.

4r. Bloont moved to amend the seetioo ap-
propriating for fortifications, by striking out the
words "in addition to," and inserting "initlu<
ding," so as to indiide in the appropriation the
sunt of t450,000 already appropriaied, instead of
adding one million to that sum. He afterwards
withdrew this moiioii, and moved an amend-
ment, so Bs to authorize the contemplated line of
blocks and chains across the harbor of New
York. He did this to Bsceriaio the sense of the
House on this point, for he should have the same
objection to this appropriation if that were the
object of it. A sufficient number of members
not rising to give the yeas and nays on this ques-
tion, Mr. Bloont withdrew the motion and re-
newed his former motion; which was negatived —
yeas 49, nays 62, as follows :

TEi»--David Bard, Jos. Barker, Burwell Basaett,
William W. Bihb, WUliamBr»cUedge,Tho8.Blount,
Robert Brown, William A. Burwell, Willisni Butler,
Joseph Calboan, Matthew Clay, John Culpeper, Jo-
aiah Deane, Joseph Desba, Daniel M. Durell, John
W. Eppea, Jamea Fisk, Meahack Franklin, Tbomaa
Gholson, jr., Peterson Goodwyn, Isaiah L. Green,
John Heisler, William Hoge, James HalUnd, Thom-
as Kenan, John Lambert, Edward Llojd, John Love,
Nathaniel Macon, Robert Marion, Jeremiah Morrow,
John Morrow, John Porter, John Randolph, John Rea
of Pennsylvania, John Rhea of Tenneaaee, Mattbiaa
Richards, Benjamin Say, Ebeneier Seaver, Samnel
Shaw, Jedediah K. Smith, John Smith, Samuel Smith,
Richard Stanford, John Taylor, Robert Whitebill, David
R. WiUiams, Alexander Wilson, and Richard ~Winn>

Niis— Evan Alexander, Lemuel J. Aliton, Willie
Alston, jr., Ezekiel Bacon, John Blake, jr., John
Boyle, Epaphroditua Champion, Martin Chittenden,

f indlej, Franda Gardner, John Harris, Wm. Hdma,

.yGoogIc

HISTORY OP CONOEESS.

1624

Non-Jntereaurte.

Pebrdiiit 1809.

Dsiid Hoimn, BaDJamin Howard, Rauben Hnm-
phreji, Daniel Ilale;, John O. Jicluon, Eticfaard Jack-
■on, Bobart JenklQi. Joaaph Lawia, jr., Edward 81.
Loa LiTermoie, Joaiab Maitora, William McCreery,
Wm. MUnar, John Monlgonier;, Nicbolaa R. Moora,
Jonathan O.' Maie1ir> Gonlon B. Mumford, Thomu
Newbold, Tbomai Newlon, Wilion C. Nicbolaa, Jo-
ai«h Quincy, Bamnel Riker, John Rowan, Jobn Rm-
aell, Jamaa Bloan, John Smilia, Hanry Boutbard, WU-
liUD Btadman, Cleniant Storar, Lawia B. Stargei,
FMer Swart, Samaal Tag^art, Benjamin Tallin adgg,
Jabn Tbompaon, Geor^ M. Troup, Jabei Upbam,
Jamea I. Van Alcn, Philip Van CortUndt, Nicbolaa
Tan Dfka, Archibald Van Horn, Killian K. Van
Beniaelaar, Daniel C. Verplanck, Inae WUboar, Mnr-
naduke Williuna, and Nathan Wilaon.

No other amendment b^ing offered, the bill,
■Dd Ibe amendments nsteed to, were ordered to
be engroued, and read the ibitd time on Mon-
day DMt.

KON-INTBBCOURSB.

The House renumed the coDBidentioa of the
nnGaished buiineas of yesterday.

Mr. J. G. Jaukbon withdrew hii tnotioD of
yeaterday with a view to offer anolber in place
or it, which louked more like a manly itaod. He
■•id that the amendmeDt proposed wai no oRet
made to either Power to take aides with the
other. There wai nothing like tlireal in ibe
proposition, anr more tbao in the resolutiooa
aubmitted to the House some tine s^nee. It
would be a warning lo the merchants under what
p«til ihey voulil go out, which ihey would not
otherwise conceive, repofing io false security on
this bill. He would not go precipitately into
war, for be had the best reason to believe tbac
Great Briiain would be disposed to listen lo Ibe
dictates of justice townrda us, but if she did not,
he was for imniediale war. The afneDdment
DOW proposed by Mr. Jaceboh is as roHows:

"Sec. 19. And bt it further tnaettd. That after
demand mada ■.od refused on the pBit of Hti Bhtao-
nic Majesty to u/ilkdraw hu detrett and ordtn in-
fringing the local commerce of the United States, tba
President of the United Sutes shall be autboriied and
required to employ such a portion of the Volunteer

militia of ibe United States, not excaeding thou-

■and, and of the regular troops, as msy be necessKiy
to take poasBHiDn of the territories of Hii Britannic
Majeity, bordering on the United States, and to hold
the same, and to inatruct the commander* of the pub-
lic armed Teseela which are or shall bo employed in the
■errica of the United Stales to subdue, seiie, vid tako
any armed or unarmed British Tcwel on th%high seas
orelaewberei and such captured lesael, with het ap-
parel, guns, and appurtensncei, and the goods or ef-
ucts which shall be found on board the same, being
British property, shall be brought within some pari of
the United Slates, and sbsll be duly proceeded against
and condemned, as forfeited, and ahall accrue and ba
distributed as by law is or shall be provided respecting
the captarea which ahall be made by the public armed
vessels of the United Sutes.

- Bsc. SO. And be it further enacted. That tba
Preaidant of the United States shall be, and he ia
hereby, authorized and required, after demand and re-
fiiBa] aa afbreaaid, l« grant to the owner* of piivala

armed vea^els of the United Btst«a who shall makv
appbeation therefor, special commbsiona, in the form
which ba ahall direct, and under the aeol of die Uiutbd
States ; and such pii*al« aimed feaaels, when dolj
eomnissionad as aforesaid, shall have tha same licensa
and aulboritj for tba subduing, •aixing, and c^ttariag
any armed or manned British Teasel, and for the re-
capture of the veaeela, gopda, and affects of the United
Btates, aa thapuUic armed Teaaelsof tha United States
may by law have ; and ahall be, in like msoncr, aab-
ject to such instructions as shall ba ordered 1^ the
President of the United States for the regulation of
their conduct. And the commissions which ahall be
granted, ahall be rerocable «t the pleuura of the Pres-
ident of the United StaUs.

of Prance to withdraw bis decrees and orders infrin-
ging the lawful commerce of the United Sutea, the
Preaidenl of the Unitad Slataa shall be anthorisad and
required lo instruct the commanders of tha public
armed TaaaaU, which are or shall be amph^ed in tha
serrica of the United Stales, to subdue, sain, and take
any armed or unarmed French tcsmJ on the high seaa^
Or ela^wbare, and auch capUred Teasel, with her appa.
rel, guns, and appartanancos, and the goods at efiwla
which shsD be nund on board tha aame, being French

Coperty, ahall ba brought within eoma port of tha
nitad 8uia^,«nd sbsll be duly proeeaded agaiDsl
end condemnad ■■ directed, and shall accrue and ba
distribntad as by law is or shall be provided respecting
the capture which shall be made by the public aimed
TCSaels of the UniUd Slates.

Sic. 22. And be itfurlhir matted. That the Piea-
ident of the United Btates shall be, and he is hereby,
anthoiiied and required, after demand made and refu-
sal afbtesaid, to grant lo the owners of private armed
ships and vessels of the United States who shall msVo
application therefor, spedat commissions in the farm
which he shall direct, and under the seal of the Uni-
ted States; and auch private armed vessel, when dnly
commissioned as abresaid, sbsll have the soma Ikensa
snd authority (or the eubdaing, selling, and eaptuiing
any armed or unarmed French vWael, and fin the r»-
capture of the Teasels, goods, and eflaets of tha people
of the United States, as the putdic aimed tsmbIs of
the United Ststes may by law have, and ahaD be in
like manner suUeet to luch inatrudlona as ebaU ba
ordered by the President of the United Stales for tlM
regulation of their conduct ; and tha oonmiiaaiona which
shall be granted as aforesaid shall bo revocable at tha
pleasure of the President of the United Stalos."

Mr. Eppeb said that this was a proposition
which he hoped misbl .unite all partira ia ibe
Hou^e. It authorized the President to demand
the recall of the injurious acts of the belli gereal^
Bud on a refusal it declared that we woold use all
the force which we possess against the decrees
and orders, which, under whatever aspect they
could be viewed, were calculated to produce total

The bill under eo aside rat ion, he feared, '
afford DO relief to the Southern conuiry — tbeir
produce would still be lying on their hands. And
mdeed, take three dollars a hundred from thv
price of tobacco, (aa the Orders in Council do,)
and the cullivatioa of it la oat of the question.
If we lUowed Great Briiain to say that we shall

.yGoogIc

1526

HISTORY OF CONORKSS.

1626

PBBBiTAaT, 1809.

NiM-hiUrcoune.

H.apR.

not trade witboni comiD^ iDd paying ber a tax,
where would he the limit to her extortion 't If
we were luich daiiardly wretches aa to permit
her to lax .at will the Rreat iiaples or the coun-
try, eoulJ it be sttppoaed that she would erer al-
low us hereafter evea lo be the earriera of our
aWD prodncel Whatever present relief the bill
mi^ht afford to the shipping iotcrest, ruin would
nUimaieiy fall on erery man who had anything
it stake iQ the coutitry. If we took no means
to resist laiatioD he should be compelled to he-
liere thai what had been said was correct: that
"the ituijoritji' cannot be kicked into a var." And
if some such meanilre as that proposed was not
adopted, the asaertioa would stand as a damnable
record to future ages. If we should hereafter be
refiactory,a foreign nalioii ought therefore not to
send itoop* but men armed with whips to scourge
us into obedience. He concluded by saying thai
he hoped the House would agree to postpone the
consideration of the subject iintil Monday, that
the amendments might lie printed.

Mr. Basbett aUo expressed his approbation of
tbe proposition. There must be one of two in-
tentions in the Hoase, either to glide smoothly
down the current of subroission or take, a higher
ground, which muit be war. Could it be beliered
(hat, if Great Britain msiotained her !>y$iem of
exclnding our commerce from the oeeao, or aub-

bimself or from the nation.

Mr. D. R. WiLLiAua wished lo offer an amepd-
meot lo the Bmeadmeot, for the purpose of ascer-
taining the sense of the House on the subject of
fiehiing. For ibis purpose be moved so to amend
t&e bill a* to authorize the President forthwith to
use ibe pnUicforce, &c,

Mr. Mastbrb opposed the postponement ; be
hoped [he business would be finally concluded
to-night.

The question. being taken by yeas and nays on
Mr. EppEs'e motion for the postponement of the
further consideration of the subject till Monday,
there were for it 60, against it 60, as follows

Tbas— Etsd Alexander,- Lemuel J. AMon, Willis
Alston, jr., DsTiil Bird, Burwell Bsssett, William W.
Bibb, William Blaekledgs, Thranu Blount, John Boyle,
Robert Brown, William A. Buiwell, WUIism Butler,
Joeeph Calhoun, Matthew Claj, Richsid Cntts, John
Dawaon, Joaiah Deane, John W. Eppes, William
Findley, Meriiack FraokUn, Tharaaa Gboiion, ion.,
Peteiaon Goodwja, Isaiah L. Gnen, Jamea Holland,
David Holmea, Benjamin Howaj^, John G. Jackson,
lUcbard M. Johiuon, Thomai Kenan, John Loie, Na-
thaniel Macon, Robert Maiion, John Montgoattij,
Thomas Moore, Jsrebiah Hnrow, John Morrow, Tho-
mas Newbold, Thomas Newton, Wilwn C. Nicholas,
John Porter, John Pugh, John Rea of PennaylTania,
John Rhea of Tennessse, Jacob Richards, Matthlsa
Bichaids, Lemuel Sawyer, Benjamin Saj, Bhenezer
Seaver, Samuol Sbaw, John Smllie, John Smith, Rich-
ard Stanford, John Taylor, George M. Troup, Robert
Whitehill, luse Wilboui, Marmaduke Witliama, AUx-
ander Wibon, and Richard Wi

Chittenden, Orchard Cook, John Culpeper, Samuel
W, Dana. John Davonpot^ jun., Daniel M. Durell,
Jamea Elliot, -William El;, James Fisk, Bareut Gar-
lienier, Francis Gardner, Edwin Gray, John Harris,
John HeUter, William Helma, William Hoge, Reuben
Humphreys, Osniel Ilalej, Richard Jackson, Robert
Jenkins, Jsmes Kelly, John Lambert, Joseph Lewis,
Jan., Edward SU LoeLiTermore, Edward Lloyd, Josiah
Masters, William Milnor, NicholBB R. Moore, Jonathan
O. Hoaely, Gordon 8. Mumlbrd, Jonah Quincy, John
Randolph, Bamuel Riker, John Rowan, Jshn Russrll,
James Sloan, Jededish K. Smith, Samuel Smith, Hsnrr
Sontfaard, William Stedman, Clement Storer, Lenis B.

Alen. Philip Van CorUandl, Nicholas Van Djks,
Archibald Van Horn, Killisn K. Van Ranaselaer,
Daniel C. Verplanck, Dsvtd R. Williams, snd Nathan
WHson.

The House being equally divided, tiie Speaker
decided in the negative.

" r, J. O. Jackson wished to postpone the con-

ation of this ameDdmeut, so as not lo delay

the progress of the bill. The Speaicer declared
thai a pan of a subject before the House could
not bejMwipoaed.

Mr. D. R. WiLLiAKB rejoiced in the opportunity
of roistering his vote for war. He observed that
the embargo mnsV be considered as perfectly fail-
ing except as the precursor of war. Wa bad R
much greater hold now on the belligerents than
we should ever have again. We had changed tha
balance of the ledger complete!); daring the em-
bargo. They had before »□ immense propertf
of ours in their hands; we now had of theirs.
Permit the embargo to be removed, and they
would again have the same hold on us, sod we
should not go 10 war next session. Raihcr than
give them notice that we meant to make war
upon them at a certain time, he would seize all
their citizens and set them to work on our fortifi-
cations— act the Algerine to ihem. Their Gov-
ernments played the Algerine on us, and would
not we do the same to ihem 1 He would seize
everything but the funds. If the House could
abandon our rights in this manner, when every
sqaare foul of our ground was laid under contri-
bution, they deserved to be scoffed at by the

. Mr. Gas DBS [Ed declared the amendment offer-
ed by Mr. J. G. Jackbok, to be gnconsiiiutiooal;
because the p^wer of declaring war belonged to
Coagrcds, and wus a power which they «ould not
delegate.

The question being about to be put on Mr.
Wiluamh'b amendment, a division of I he ques-
tion was called for, so as to lake it first on strik-
iDK out.

Mr. Randolps observed, that ha should rote
for striking out, to destroy the hypothetical ebe-
racier of the proposilioQ. If we were lo have
war at all, it-ought to be direct.

Mr..EFPE8observedihat ihepTopositicnof Mr.
Jackbon was not contmgeBt, but complete. It
authorized the President to say to eacn nsiioD,
"withdraw your orders or decrees." If not, it
was war,Rnd immediate wBi. Mtansfor itwen

.yGoogIc

lear

mStOBT OF C0NOBI8S.

1628

PfOft^rfll^lXOVf^C-

Fbrkoait, 1800.

Bl hand ; ind noihlog
the pan of the Houm

Mr. L?oii was in favor of striking om. If we
were to have war, he wanted to have ibe first
blow.

Tbe question on sinking out a pirt of Mr.
Jacsson's motion, lo malce way for Mr. Wtl-
LijtMs's afnendnivQt wai oegalired — jreai 36,
nsys 67, as follows :

YiAB—Eon Aleiander, Eukiel Bacaa, WiUiaa
W. Bibb, John Blaks.jun., John Uampbell, Epaphro-
dltiu IJbampioD, Mmtin ChiUsndan, Matthew Clay,
Orchard Cook, Jshn Calpeper, Joiiab Diiaiia, Uaoial
H. Turell, Jamm Elliot, 'William Ely, Francis Gard-
ner, JobD Harris, William Halms, WiUiim Hose,
Daniel ILilaj. Riebaid Jackson, Robart Jenkins, Jvnes
Kelly, Philip fi. Key, Joseph Lewis, jun., Edward St.
Loe LiTctmare, Gilward Lloyd, Matthew Lyon, Na>
Ihaniel Macan, WUliam McCreery, WilUam Milnor,
John Montgomery, Jeremiah Morrow, Jonathan O.
Mosely, Gurdon 8. Mumford, Josiah Quincy, John
Randolph. Ssmuel Riker, John Rowan, John Rusull,
Samuel Shaw, Jededhh K. Smith, Richard SUnford,
Witliani Bteitmsn. Petrr Swart, Samuel Ta^art,
Benjamin Tallmadge, Abnin Trigg, James I. Van
Alen. Philip Van Cortlandt. Nicholas Van Dyke, Ar-
obibald Vao Horn, Killian K. Van Rensaelacr, Daniel
C. Verplanck. Isaac Wilboar, Daiid H. Williama, and
Nathan Wilson. "

N«Ti_WilIis Alston, inn,, Darid- Burd, JoMph
Barker, Burwell Bassatt, Williani BlacUeds4 Tbo-
■aa Bloont, Adam Boyd, John Boyle, Robert Brown,
William A. Burwell, William Bullar, JoMph Cslboni,
Bichird Cutts, Slmusl^W. Dana, John Davenport,
Jan., John Dawson, Joseph Desha, John W. Eppea,
William Findloy, Junes Piak, Meaback Franklin,
Barent Gardenier, Thomai Gbolion, jun., Petenon
Goodwyn, Edwin Gray, Isaiah 1.. Green, John Ifeia-
ler, Jsmea Hollsod, David Holmes, Benjamin Howard,
Keaben Humphreys, John G. Jaekaon, Richard M.
Johnson, Thomas Kenan, Jahn Lots, Robert Marion,
Joaiah Msiters, Nicholaa R. Moore, Thomas Mooro,
John Morrow, Thomas Newbold, Thomia Newton,
Wilaon C. Nicholas, John Porter, John Pugh, John
Res of Pennsylvania, John Bhes of Tennessee, Jacob
Kiehirda, Matthias Richards. Lemuel Sswyer, Ben-
jamin Say, EbcnMer Seaver. James Sloan, J^n Smi-
he, John Smith, Samnsl Smith, Henry Sonthord, Cl»-
nent 8lonr, Lawii B. SlurgeB, John Taylor, John
Thompson, George M. Troup. Jsbsi Upham, Rebert
WbilahiU. MarmadukiS Williams, Aleiandai WilMn,
Mid Rtcbard Winn.

Mr. Jackson renetred his rootion far poatpooe-
Bwot— for it, SI; against it, 61. Anoiher conut
being called— for ii,6i; against it, 62. Aaother
■ount baJBg called for, lelleri were named bi

f by the
—for it,

; against il, 63.

Mr. Burwell inored ijiai the bill lia on liw
Ubtc— for it 64, against it 63.

The SpBAKBR obserTsd, that the Kitbjeet hid
bean so Ions under debate, and *o many queatioBS
had been lalen ob il. that he felt compelled, bjr
duty, 10 vote ia the negative. So the tDBiian was
lost— yeas 64, nays 64, at follows:

Taia— Evan Ateiander, LemuH J. AlatMi, WIlHs
AMon, junior, David Bard, Burwell Bassett, WiHiam
W. SIbb, WlUau BlM^edge, TkMaaa BtautI, J«bB

James Fiak, Meabaok Franklin, Thomas Ghobon, jun,
Peterson Goodwyn, laaiah L. Green, JanM* Holliaad,
David Hohnas, Beiuamin UowardL Jofaa G. Jacfcaon,
Richard M. Johttson, Thomas Kenan, WiUiun Kiik-
patrick. John Love, Nathaniel Macon, Robert Marion<
John Montgomery, Nicholas R. Moore, Thoa. Moofa,
Jeremiah Morrow, John Morrow, Thomas Newbold,
Thomas Nenlon, Wilaon C. Nicholas, John Porter,
John Pngh, John Baa of Pennsylvania, John Rhea
of Tennessee, Jscob Richards, Matthias Richarda,
Lemuel Sawyer, Benj'n Say, £baneier Seaver, Sam-
uel Shaw, John Smllie, John Smith, Samnd Smith,
Richard Stanford, John Taylor, OeorKC M. Troop,
Robert Whilefaiti, Marmadake Williams, Alexandc*
Wilmn, and Kiehard Winn.

Nai»— -B^kiel Bacon, Joaaph Baifcar, John Blake,
Jan., Adam Boyd, Jidin Campbell, EpaphroditaaChaiB-
pion, Martin UhittMiden, Orchard Cook, John Cnl-
peper, Samuel W. Dana, John Davenpoit, Jan., Dan-
iel M. Dnrell, Jamas Elliot, WiJIiam Ely, BanctGmr-
deniet, Francis Gardner, James M. Oarnett, Joba
Harria, John Heisler, Wiliiam Uolna, William Uogi^
RsubflD Humpbr«ys, Danial Ilsley. Richard Jadarai,
Robert Jenkins, Jsmea Kelly, Philip D. Key, John
Lambert, Joseph Lewis, juo^ Edward SI. Loe Liver-
more, Edward Lloyd, Matthew Lyon, Jonah Maatcra,
Wm. McCreery, Willism Milnor, Jonathan O. JHowIt,
Gurdon 8. Mumford, Josiah Quincy, John Bandolph,
Samuel Riker, John ftowan, John RdhcII, Jamea
Sloan, Jedediah K. Smith, Henry Sonthard, WiUiam
Stedman, Clement Storer, Lewis B. Slntxea, Peter
Swart, Samuel Taggart, Benjamin Tallmadge, John
Thompaon, Abram Trigf, Jabes Dpham, JamesL Van
Alen, Philip Van CorUandi, Nieholaa Van Dyke. Ar-
chibald Van Horn, KUUan K. Van RnuMUer, D*iu«l
C. Verplanck, Isaac Wilbaor. David R-WiHmOM. Na-
than WUaon, and Joseph B. Vantwa, Speaksr.

Mr. O. W. CaypBELL moved eaadjoomiBenl;
which was decided in the negative — yvaa 57,flars
70, aa follows:

Tiis — Lemuel J. Alitdn, David Bard, Berwell
Bassett, WiUiam W. Bibb, William Blackledge, Thoa.
Blount, John Boyle, Robert Brown, William A. Bur-
well, WlllUm Sutler, Joseph Calbooo, Ootsbv W.
Campbell, Matthew ClBy,RichardCntt«,JriinDaw*osi,
Josiah Deans, Jaaaph Deaha, John W. ^ipes. Wil-
liara Pindtey, Meshack Franklin, Thomas Qbolsw, jr.,
PetersMi Goodwyn, Isaiah L. Green. Jansea Holland,
David Holme*, Banjamin Honrard, Jriin O. JadtMio,
Riohard M. JohMon, Thomas Kenan, WilKam Kirk-

Etliak, Jcdm Love, Nathaoial Macao, Robart Marion,
hn Montgomery, NiiAolaa R. Moon, Thoa. Moom,
Jeremiah Morrow, John Morrow, 'HMaMe NawUn,
Wilson C. Niohotaa, John Porter, John Pugh, Jobn
Rea af Panniylvania, John Rhea of Tennaaaea,
Jacob Richards, Matthias Richards, Benjantti Say,
BbeneMr Seaver, John Smtlie, John Smith, John Tay-
lor, Georga M. Troop, Roberi Whitehill, David B.
WilRams, Maimadtike Wiiliaras, Alaiander Wikoa,
and Ricbard Winn.

If tf s — Evan Alazandsr, Willii Alston, junior, Eia-
kial Bacon, Joseph Bariter, Jahn Biakcvjniu, Adana

Boyd, John Campbell, EpaphiodHus Champion, klai>
tin Chittenden, Ordtard Cook, John CBtpraw, SktBDal
W. Itena, John Davwpost, joior, Dwusl M. Dwall,

.yGoogIc

mSTOEY OF C0N6BS88.

Febrdart, 1809.

AbN-i)ltffT(WM«.

H.orR.

JuDM EUlot, WiUin ^j, Jaaea FU; BmwI Gu'-
dntin-, Fnock Gvdner, Jsbm M. Oaraetl, John
Htim, iotin Heiiler, WiUiun HalniB, Williaai Hoge,
Ranbail HmmphieTi, QouJel Uiley, Richard JaoluoD.
Solwrt JsdIuu, JamM XeUy, Philip B. Kbj, John
Lambert, Jeaeph Lnfis, juD., £<lwa>il 8l. Loe Liwr-
More, Eilirud I.loyd, MatlbBw Lfoa, Joaikh Maatem,
William MeCteai;, WilUuti MilnoT, Joaatfaaa O.
MohIj, Uurdon B. Mnmlbrd, Thomu 19 sn bold, Jo-
■iah Qoincy, loba Randolph, Samaal Riker. John
Rowan, John Suuell, Lamoel Btwyer, ^uuid Shaw,
Junta SbMD, Jadedish K. Bmilh, Bamuel Smith,
Heniy Southaid, Ridiard Stanford, Willian Stadman,
Glaraant Storer, Lewis B. BUngea, Petei Swait,
Batnoel Taggait, Benjamin TaBmadge, John Thomp-
Bon, Abmn Trigg, iabei Upham. Janm I. Van Alen,
Philip Van CordBBdl. Nicholv Van Dyka, Arajub^d
Van Hon, Kiilian K. Van Benaaelaar, Danial C.
VerplaDck, laaac Wilbon.and Nathan Wilavn.

Mr. D. R. Williams morn] lo strike out the
■words in ilslic. in Mr. Jackhoh'b rootion, and
insert " to adjatt the ditmtea wUK the" For the
motion— yeas 35, nays 95, as follows :

Yua — Evan Alexander, Willii Alaton, jim., Wil-
liam W. Bibb, William BlacUeJge, Joasph Calhoun,
M&tthair Clay, Richard CutU, JovahDeanr, Ju. FiUc,
Thomaa Konan, Nathaniel Macon, John MonlgomBry',
Tbomaa Moore, Thomaa Nawbold, John Porter, Ebe-
nner SeaTar, Bamuel Shan, Jcdediah K. Smith, Ridi-
ard Stanford, Abram Trigg, George H. Troup, Danwi
C. Verplanek, Darid R. Williama, Marmadnke Wil-
liam*, and Richard Winn.

Niii* — f utkiol Bacon, David Bard, loaeph Barker,
Burwell Biasett. John Blake, junior, Thomaa Blount,
Adam Boyd-, John Boyle, Robert Brown, William A.
Bvn>^ Williiin Butler, John Uampbtll, GDaphraditoa
Cbampion, Martin Chittendan, OrdMud C««k, John
Colpaper, Samuel W. Dana, J«bn Davenport, jiuwu,
Ji^D Pawion, Jaaeph Deaha, Daniel M- Dorell, Jamf*
JBlliot, WUIiam Ely, Jolia W. Eppaa, William Findlw,
lI««lMok Pwnklin, Boient Oardeiiiar, Fnnda Gaid-
n«r. J«meaM. Gamett, Thomas GhalMo, ir, F«(efaan
Goodwyn, baiah l/.'0»ee«t, John Harria, Joiin Heiatar,
William 'H«liB*,Wit)iwi H<m^ Jamaa.HallNiid,DaTid
Holmai, BaojajuD Howard, Bwben Hnntphaqis, Dan-
iel IWey, John G. Jwikaoti, Biebaid Jatkoon, Bobert
Jcmkina, Richard M. Jahnann, Ja«M Kelly, Phiiip B.
Key, WiUkm Kidipatiiak, lAa Lunbett, J«i^h
LeWM.Jvn., Edamnl St. Lm Uaermon, Edwtid lAajA,
Jaba Low, Matlbew LJbd, Joaiah Maalan, Wiiltam
HcCTBarj, William Miinor, Nidtolaa R. Moms, J«|b.
miab Morrow, John Motraw, Qiudea S. Homfiwd,
Thomu Nawloni WUaan C. Nieholaa, John Pn^
.Joaiah QqiMj, John K«a of Pe«Mi^ia*ia, Min Rhea
.of TaiUMwee, Jacob Bichanla, Mattlwa Bichaida,
ewmael Bikei, John EtMaan. Jtrim Roaaall, Ii«in«el
Sawyar, BHijtnin B^, Jauea.filoMi, Johs Sntilie,
John Baiith, 8«m<Ml Spilh, Haary Bouthaid, WiJliain
Bteihiian, Clamant- Sferar, Lawia B> Staisaa, Peter
fetnait, Banori Tavsarl, BeDJamio Tallawdco, John
Taylor, John Tbonpaao, Jabe« Upham, Jamaa I. Van
Alen, Philip Van Corflandt, Nidufaw Van Dyke, Ar-
chibald Van Horn, Kiilian K. Van Rejuaelaer, laaac
Wilbaur,aDd Nathan WUton.

Mr. J. MoflTSOHBRY moved to adjotiro ; which
waa negatived — yeas 50, naya TO, as follows:

Tbab — Evan Alexander, Willie Alaton, Jan., But-
mU BuMlt, WiUiMQ W. Bihb, William Blackladg%

Thonaa BhMnt, Jalm Ba^la. Robert Brown, WiUam
A.Barwell, William Butler, Joae^ Oalbotm, Matthow
-Clay, Jiriin Daweou, Joiieh Deane, Joseph Deaha,
John W. Eppea, William Findtey, Moihack Franklin,
Tbotaoa Gholaon, Jan., Peteraon Goodwyn, laaiah L.
Gieen, J amee Holland, David Holmee, Benjanin How-
ard, John G. Jickeon, Richard M. Jahnaon, Thomaa
KcDan, WilUam Kirkpatrick, Jolui Love, JVathaniel
Macon, John MontgoniDiy, Nicholas R. Moore, Thom-
aa Moote, JonuDiah Morrow, John Monow, Thontaa
Newbold„ThomasNewl«i,Wilaona Nicholas, John
Porter, John R«a of Penoaylvania, John Rhea of Ten-
neaeee, Jacob Richatds, Benjamin Bay, Ebanexar 8ea-
m, John Smidi, John T^lor, George M. Troup,
Bobert WbU^ll, DaiU R. WiUiama, and Uarmaduke

NATa — BiAie^Bcon, Joseph Barker, John Blake,
jonior, Adam Boyd, Ji^n Campbell, Epaphroditoa
Cha|n[iion, Msnin Chittenden, Orchard Cook, John
Cnlpeper, Richard Cutta, Hymnal W. Dana, John
Davenport, jnnior, Daniel M. DtiTell, James Elliot,
tVUIiam Ely, James Fisk, BaraDt Gardenier, Franda
Gardner, JameaM. Garnett, EdwinGray, John Harris,
John Hdster, WilUamHelma, William Hoge, Reuben
Homphreja, Daniel Ilaley, Riobard Jarkaon, Robert

Jenkina, James Kelly, Pbiiip B. Key, John Lambert,
Joseph Lewie, jnn., Bilward St. Lo« Lf "'

ward Lloyd, MaUhew Lyon, Joaiah Mas

St. Lo« Livermore, Bd-
" "" - William

McCreery, William Miinor, JonBCbauO. Moaaly, Gur-
dou 8. Mumford, Joai9.l1 Quincy, Jolm RaadoIpb,Mat-
thias Richards, Samuel Riker, John Rowan, John
Russell, Lemuel Sawyer, James Sloan, John Smilie,
Jedediah K. Smith, Samuel Smith, Henry Southard,
Richard Stanford, William Stedman, Clement Storer,
'Lewis B. Sturgee, Paler Swart, Samuel Taggart, Ben-
jamin Tallmadge, John Thompson, Abram Trigg. Ja-
bex Upham, James I. Van Alen, Philip Van Cortlandl,
Nicholaa Van Dyke. Archibald Van Horn, Kiilian
K. Van Renaeelaer, DanUl C. Verplanek, Isaac Wil-
bmir, and Nathan WUesn.

So touch of the said arnendmeni proposed bj
Mr. John G. Jacesom, as is contaioed in ibe Sist
section thereof, beuig nodified hy the mover, hj
inserting, afier the wotds, " President of the tJoi-
ted States «ball be auihoriaed," liie words, "jwd
ieflair«d :" And, oo the questtoa that the Hotua
da agtfle to the Mtid proposed cectioa, at m modi-
fied, it. passed ID the negative — yeas 48, nays 74,
aa follows :

raaa— wab Alatm, Jnirior, David Baid, Bwwell
BaMStt, WtUiam W. Bihb, William BlaoUedge, Tho-
BM Btonnt, Jotin Boyte, Robert Brown, WfUiain A.
Bfirwell, Willian Butlet, Jos^h CallMun, MmUmw
Clay, Rieh»4 Catia, Jtrtm Dwwaon, Josiah Deaae, io-
ecph DeriiB,J(din W. Eppaa, M«riisek PranUin.Tbo-
mae (Mwlaon, • japiM, Peteraon Ooedwyn, James Hot-
land, David Holmes, &eqja«iin Howard, J^n G.
Jackson, Riohaid H. Johosos, Tbomaa Ksnan, John
Love, John Monlgamery, Jaremiab Monow, Thomaa
Newton, Wilson C. Fiiaholaji, John Porter, John
Pugh, John Bea of Peansylvanii, John Rhea of Ten-
nesaec, Jacob Richudg, Lemuel Sawyer, Benjamiii
Say, EbeneMi Sealer, Samuel Shaw, John Smilie,
Jedediah K. Smith, John Smith, John Taylor, Geawa
M. Troup, Robert Wbitebill, Marmaduke Williams,
and Richard Winn.

NAit— Evan Alexsadar, Eseliiel Baaon, Joseph
Bfrksfi iJabn. Blake, junjoT,Ad»m B<iyd, JoboCaa)^

.yGoogIc

15S1

HISTORY OF CONaRESS.

1632

H.orR.

Non-hiUrcovne.

FrasoAKT, 18D9.

bvU, Bpaphradttn* Chunpion, Muijo CbHlendea, Or--
chard CocA, John CulpeHr, Samuel W. Dui>. John
DaTsl^poit, jr., Daniel M. Darall. Jame* Elliot, William
El;, Wm. Pindlay, Barent Oardenier, FrandiQardner,
JauM M. OarnMt, Eilmn Qray, laaiab h. Oraan. John
Hairii, Job a Hcnln, William Hdma, William Hoge,
lUnbMi Hunphre^i, Dani«l lialey, Richard Jaekaen,
Robert Jenkini, Junei Kelly, Philip B. Key, John
Lambert, Joaaph Lawia, jun., Edward Bt. Loe Liiar-
mora, Edward Llojd, Matthew L70Q, Nathaniel Ma-
Ma, J«eiah MaaUie, William McCnerj, William
Milnor, Nicholaa R. Moor*, John Morrow, Jonathan
O. Moaaly, Oardon B. Manford, Thomu Newbold,
Joaiah Quinej, John Randolph, Matthiaa Rjehardi,
Samuel Riker, lobA Rowan, John Roaaell, Jamea
BIoaDiSamuel Smilh, Henry Bonthanl, Riehard Btan-
fefd, William Stedman, Clamei^ StotK, Lewie B.
Sturpa, Peter Snarl, Samoel I'acfeit, Ba^janiiB Tall-
nadge, John Thompaoa, Abram Trigg, Jabei Upturn,
Jemea I. Van Alen, Philip Van Cortlandt, Nicholaa
Van Dyka, Archibald Van Ham, Killian K. Van Raoa-
aaUar, Daniel C. Varplanck, laaae Wilboar, Dand R.
WiUiama, Alalander WiUon, and Nathan WilwHi.

The <)ue<iioB was then aUted from ibe Chair,
ifaat I be Houar do agree lo tbe Mcond section
coDiaiDed in the ameDdmcDt of Mr. Jobm O.
Jaokson. to be iosertrd as the CwcDiieih s«eiion
of ibe bill : Whereupon, Mr. Jackson withdrew
from the table id much of ihe Mtd araetidinealas
is contained in the seconij, third, and fourth sec-
tions thereof, proposed to be the iweaiielb, Iweu-
ty-fir$t, lod twcDty-secoDd, of the hill.

A motion was made bj^ Mr. Blodnt farther to
•mead tbe bill, by iatertjng a new sectioo next
after the eighleenih section, as the niaeteeaih
ceclloa of tbe bill, io the words following, to
wit:

" And bt it furthtr tnatltd, Tbst, if an; Teaael
rightfully bearing Ibe flag of the Untied Statw, regu-
larly cleared out, according to law, and owned I^ a
eiliien or citiieni of tbe United Ststfia, shall, upon tbe
high aeas, engaged in a lawfbt commerce, be captured
under antboriiy of Qreat Britain or Prance, in a mi -

aet of war, againil Ibe United Statea, and the Presi>
dent ol the United States, upon the reeeipt of aatlsfac-
lory proof of that &et, ahaU eanae letters of marqne
and reprisal to be forthwith iaaned against the nation
or nalioM by Tirtua of whose orders, «<Bcta, 01 dwxeea,
aneb capture ahall bare bean committed, aiibjeet to the
restrictions and conditions which were containedin the
actpaased Dpon the ninth day of July, one thousand
•e>en hundred snd ninety-eight, entitled 'An act ftir-
tber to protect the commerce of the United States."

And on tbe qaestion chat the Hodm do agree to
the said proposed afnendmcni, it passed in tbe
negattie — yeas 49, nays 73, as follows :

Yixs— Evan Alexander, Ds*id Bard,Burwel1 Bss-
aett, John Blake, junior, Thomas Blount, John Boyle,
Robert Brown, WilliBm Butler, Joaeph Calhoun, Jo-
siah Deane, Joseph Desba, John W. Eppiw, Meibsck
Frsnklin,Tbamas Gbolson, jr., Iwiah L. Green, David
Balmes, Benjamin Howard, John 6. Jackson, Richard
M. Johnson, Thos. Kensn, William Eirkpatrick, John
Lore, John Montgomery, Nicholas R. Moore, Jeremiah
Morrow, Thomas NewboM, Thomas Newton, WilKin
O. Nlchola*, John Porter, John Pagfa, John Rm of

K.Smith, John Smith, John Taylor, G«np
Ttl, Troup, Jeue Wharton, Isaac Wilboar, Marmsdltka
Williama, Aleiander WitsoQ, and Richard Winn.

Nats— WmU Alston, jr., Eiekiel Bacon, William
W. Bibb. William Blacktedge, Adam Boyd. Wiliialn

John Cnlpoper, Samuel W. Dana, John Davenport,
jr., John DawBon, DanifJ M. Darell. Jamee EUio(,
William Ely, WUIiau I^ndley, Barent Gaidniiar,
Francis Oardnar, Jsmes M. Usmett, Peteraon Oood-
wyn, Edwin Gray, John Harris, John Hcistar, Wil-
tiam Helms, William Hoge, Jamea H<dlsMl, Kenbon.
Hiun|dir^s, Uaniel llaley, Richard Jaduon, Sob«rt
Jenkins, Janes Kelly, John Lambert. Joseph Lcwia,
jr., Edward St. Loe LiTermore, Edward Uoyd, Mat-
thew Lyon, Nathaniel Macon.Joaiah Maatera, William
McCreery, Wtllism Milnor, Thomas Moore, John Mor-
row, Jonathan O. Mosely, Gurdon 8. Momlbrd, Ja>
■iah Quincy, John Randolph, Samuel Riker, John
Rowan, John Russell, Jamee Sloan, Samo^ Smith,
Richard Stanford, WiUiam Stedasn, Clement Stoni,
Lewis B. Stargea, Peter Swart, Samoel Taggait, Ben>
jamin Tatlmadge, John Thompson, Abram Trigg, Ja>
brz Upbam, Jamas \. Van Alen, PbiUp Van Cortlandt.
Nicholas Van Dyke, Archibald Van Horn, KUlian K.
Van Senaselaer, Daniel C. Verplanek, Da*k) R. WO-
tiams, and NsUlan Wilson.
, A motion was then made by Hr. Uacon, far-
ther to amend the bill, by strikingoutsn tbe eler-
eoth section, after the words "TJniiftd Sutea,"
the following words;

" Be, and he hereby ic snihorbsd, in caaa either
France or Great Britain shall ■> revoke or modify her
adfeta.aa that they shall ceaoe to violate the neatra]
commerce of the United Sutea, lo declare- the ■sun bj
pTodamation ; after which the trade of the UnileJ
States, snapended by this act, and by the act laying
an embargo on all sbipa and Tesaals in the porta an4
harbors ef tbe United Slates, and tbe aeTervl acta anp-
pleTneota>7 thereto, may be renewed, with the natioa
so doing; and to canse 10 be issued, onder aoitaUe
pledges and precautionB, lettera of marqae and reprisal
against the nation thereafter continuing in bns ■!■
unlawful edicts against the commerce erf' the United
Sutes : Provided, That aU pandtiea and farfchniw
whidi ahsll have been prsrioosly iocnrred by liitne of
iny ether act, ths operation of which diaU ao
and determine, shall be reoorered and die^bnted
in like manner, as if tbe same had ooMinued in foU
force and tirtae ; snd vessels bonnd ihetaaftor to any
(breign port or place with which caanwrcial inter-
coarse ofaaJI by virtue of this sectioii be again permit-
ted, shall gire bond to tbe United Statea, with apjavred
aeearity, in donble the salDe of the vessri and cargo,
that they shall not proceed to any Areign port, nor
trade with any country other than those with whiib
combarcial intercourse shall ban been or may bo per-
mitted by this act:"

And Ibe question beinepoi thereupon, it parsed
in the negative — ayes 24.

A motion wat- made by Mr. J. G. Jackson, to
amend the elerentb ^tection of the bill, by striking
out, in tbe seeood Hoe thereof, tbe words, " so r«-
Tok» or modify ber edicts ae ihst ihef abali cease

this, o

.yGoogIc

isas

HISTOET OP CONGRESS.

1634

Febbdabt, 1806.

, Noa^IntertouTtt.

H. or R.

to vioUte;" Bad ionrtiD^f, io lieu thereof, the
words, " modifying ber edicts whioh violate :"

And, on the qucHtUiD that the Houm do agree
to the ameDdment, i( pasted in the negBiive —
y«aa 31, nayi 91, bi follows : ' -

Yua— Willti Alaton, jr., DaTid Bard, Bnnrtll Baa-
aett, Thomas Blount, Robert Brown, Jueph Calhoun,
Richacd Culti, icAm W. Bpp«a, James Fiak, Mcahack
Franklin, Intah L. Oreen, David Holme*, Benjamin
Hawaid, John G. Jackaon, Richard M. JohnaoD, John
Lots, Nathaniel Hacon. John Monlitomaiy, Thomai
Moore, John Homnr, Thomas N«wton, John Bea of
Pgn»;l*anla, John Rhea of Tenneasea, EliellMai 8ea-
ver, Samnel Shaw, John Smilie, Jgdedish £. Smith,
Richard Stanford, John Tajlot, Robert Whitehill and
Richard Winn.

Naii— Evan Alexander, Eiekirl Bacsn, William
W, Bibb, William Blackledge, John Blake, jr., Adam
Bo;d, Jobn Boyte, William A. Burwell, William
Bntler, John Campbell, Epsphroditus Champion, Mar-
tin Chittendent Matthew Cla;. Orchard Coot, John
Culpeper, Samoel W. Dana, John DaTcnport, jr., John
Dawson, Jonah Deane, Joseph Deaha, Daniel M. Do-
rell, James Elliot, William El;, Wiltiam Findlej, Ba-
rent Gardenier, Francis Gardner, James M. Oamett,
Thomas Ghelson, jr., Peterson Goodwyii, John Harris,
John Heilter, William Hetms, William Boge, James
Holland, Reuben Humphraji, Daniel Haley, Richard
Jackson, Robert Jenkins, James Kell;, Philip B. Key,
William Kirkpalrick, John Lambsit, Joseph Lewis,
jr., Edward 8l Lob LiTormora, Edward Lloyd. Mat-
thew Lyon, Josiah Masters, Wm. MeCreery, William
Milnor, Nicholas R. Mnare, Jeremiah Morrow, Jona-
than O. Mosely, Gordon S. Mumford, Thomas New-
bold. Wilson C. Nicholas, Jobo Porter, John Pugh,
Joaiah Quincy, John RaDdolpb, Matthias Richards,
Samuel Riker, Jobn Rowan, John Roaaal, Lemuel Saw-
yer, Benjamio Say, James Sloan, John Smith, Samuel
Smith, Henry Southanl, William StedmaD, Clement
Slorer, Lewis B. Btargei, Peter Bwart, Samuel Tag-

?irt, Benjamin Tallmadge, John Thompson, Abram
rigj, Oeorge'M. Troup, Jabea TJpham, James I. Van
Alen, Philip Van Cortlandt, Ni<^olaa Tan Dyke, Ar-
chibald Van Horn, Killisn K. Van Bensaelaer, Dante}
C. Verplanek, Jesae Wharton, laaao Wilbour, David
B. WilKama, Mannsduke Williams, Alexander Wil-
son, and Nathan Wilson.

A motiop was m«de by Mr. Bppia, farther te
amend the bill, hy slrikinz ont, in the fourth and
fifth lines of the aeventeenth section of the en-
grossed bill, the words, "so roach of the said ■«•
as is repesled by this act, or which have been, or
may hereafter be, incurred by virtue of the said
acts, on account of any infraciion of so much of
(be said acta as is not repealed by tbjit act ;" and
inserting, in lieu thereof, the words, ''the said
acts repealed by this act."

And the question being taken ihereapon, it
passed ia the negative — f ea* 60, nays 70, as fol-
lows :

ysAi— Evan Aleiander, David Barf, Bnrwell Bas-
aelt, William Btackledge.Thoraaa Blount, John Bi?U,
Bobert Brown, Wiltiam A. Burwell, William Batter.
Joaaph Calfaoim, John Dawson, Joaiah Deane, Joseph
Desha, Daniel M. Durell, John W. Bppes, William
Findley. Meihack Franklin, Thomaa Uholaon, junior,
Peterson Goodnryn, Isaiah L. Green, James Holland,
David.Hnlaea, Bai^aBaia Howard, John O. Jaekaaa,

Richarf M. Johnson, Thomas Kenan, Willlan^Kirk-

~ ttriek, John Lambert, John Lore, John Monigamery,

icholas R. Moore, Jeremiah Morrow, John Morrow,

Wilson C, Nicholas, John Porter, John Rea of Penn-

Slrania, John Rhea of Tennessee, Matthias Richaids,
mjamin Say, Ebeneier Seaver, Samuel Shaw, John
Smilie, Jedediah K. Smith, John Smith, John Taylor,
Jesse Wharton, Robert' Whitehill, Isaac Wilbonr,
Alexander Wilson, and Richard Winn.

Nits— WiUla Alston, jun., Eirtiel Bacon, Joseph
Barker. WiUiam W. Bibb, John Blake, jnn., Adam
Boyd, Jobn Campbell. Epaphrodilus Champion, Mat-
thew Clay, Orcharf Cook, Jobn Colpeper, Richard
Cutta, Samuel W. Dana, John Davenport, Jan., Janes
Elliot, William Ely, James Fiak, Barent Gaidanier,
Francis Gardner, Jainet H.Gamett, Jshn HaTria,John
Heislei, William Helmi, William Hoge, Reuben Hou-
phreya, Daniel Haley, Richard Jackaon, Robsrt Jen-
kins, James Kelly, Philip B. Key, Joseph Lewis, jnn.,
Edwarf 9l Loe Livermore, Edwarf Lloyd, Maltbew
Lyon, Nathaniel Macon, Josiah Masten, William Mc-
Creety, William Milnor, Thomas Moore, Jona^an O.
Mosely, Gurdon S. Mumford, Thomas Newbold, Thos.
Newton. Josiah Quincy, John Randolph, Samuel Riker,
John Russell, Jamea Sloan, Samuel Smith, Henry
Sanlhard, Richard Stanford, William Stedman, Clo-
mfloi Storer, Lewis B. Sturgca, Peter Swart, Samuel
Taggart, Benj. Tallmadge, John Thompson, Abram
Trigg, George M. Troup, Jabez Upbem, James I. Van
Alen. Philip Van Cortlandt, Nicholas Van Dyke, Ai-
cbibald'Vaa Horn, KlHian K. Van Reusaelser, Daniel
C. Verplanek, David R. Williaom Marmadoke Wil-
liams, and Nathtia Wilson.

molioQ was made by Mr. BibB, fattbei; to
amend the bill by striking out Dext afier the
words "repealed after the," in the third line of
the twelfth section of the engrossed bill, the word
" fourth," and inaertiug, in lieu thereof, the word
" fifteeatta ;" Whereupon, a division of the qu«a-
tioa on the' proposed amendment was called for

SMr. Gardnkb: and, on ihe qaeslion that the
DUae-do agreelo the first member thereof for
triking out the word "fourth," it was resolved
n the affirmative — yeas S9, nays &6, as follows :

YiAS— Evan Alexander, Willis Alston, iun I or. Da-
id Bard, WUlum W. Bibb, WUliam Blackledge,
Thomas Blount, John Boyle, William .\. Burwell, Wil-
liam Butler, Joseph Calhoun. Matthew Clay, Rich-
ard Colts, John Dawson, Joaiah Deane, Joseph Desha,
John W. Eppes, William Findley. Jnmei Fisk, Me-
■hack Franklin, Thomai Gholion, junior, Peterson
Goodwyn, Isaiah L. Oreen, James Holland, David
Holmes, Benjamin Howarf, John G. Jackson, Richard
Jackson, Richard M. Johnson, Thomas Kenan, Wil-
liam KiihpatHck, John Lambert, Jobn Lave, Nathan-
iel Hacon, John Montgomery, Nicholas R. Moore,
Thomas Moore, Jeremiah Morrow, Jobn Marrow, Thoa.
Newbold, Thomas Newton, Wilson C. Nicholas, John
Randolph, John Raa of Pa., John Rhea of Tenn., Ben-
jamin Bay, Bbeneter Beaver, Samuel Shaw, John Smi-
Ite.John Smith, Samuel Smith, Richard Stanforf, John
Taylor, George M. Troop, Jesse Wharton, Robert
Whitehill, David R. Wiltianu, Marmaduke WiUiams,
Alexander Wilson, and Richard Winn.

Nita— Eiekiel Baooo, Joseph Barker, Bnrwell Baa-
sett, John Blake, junior, Adam Boyd, Epaphroditus
Champion,OichardCaok, John Cnlpepsr, Samuel W.
Dana, John Davenpott, junioi, Daniel M. Durall, Jaa.

.yGoogIc

US6

HIBTORT OF COKGBSSS.

1536

JUm-AKtrcoufM.

FmoABr, 1809.

WilliuD Hoge, Daniel Ilaiej, Robait Jenki»B, Jamc*
Kellr, Fbilip B. K«y. JomjAi Lewii, junior, Edirard
St. hat UvirinorB, Edwwd Lloyd, M«tlbsi* hjao,
Jtwitb MiiUn, WUUuo M'Crmrj, William MUnor,
Jonalhui 0. MoMlf, Gurdsn 8. Mumfonl, Joaifth
Qiiin^, MaUltiu Jticbudi, Buuaal Rilur, John Rowan,
John Riuieil, Jamea Sloan, Jadadiah K. fimilh, Heni?
Soulfaanl, WilUau BtediMB, Clamant Storar, Lewi*

B. StuigM, P«tar ?wKt, Samoal Tafoiart, Baqjaoaii

ilmadga, iqba Thompaan, Abmn Tngg, JabM Vp-

bam, Jamaa L Van AJen, PbitipVan Cortiaadt, Nbh-

olaa Van Djke, Aithibald Van JHora, KiJIuB K. Vvx
HananUar, *fld Natbui Wtlaon.

On tbe queation tbat ih# Houie do agie* to the
•eoond member of the raid ■mBodmeni, lo iosert
(he word " fifteenth," in lieu of rbe word 'fonrth,"
Boilricken out,)! wnsrMolredio iheaSirtnaiire —
yeas S6, nays 30, u foHowi :

NAir-^Evsn AlBiaudrr, Willia Alalon,' jun., Em-
kial Bacon, Dand Bard, Burwell Bau«tt, WUliam
W. Bibb, William Blackledge, John Blake, jun., Adam
Bojd, Jobn Bovle, Robert Brona, Willimm A. Bur-
well, WilJiam Butler, Joiepb Calhoun, Epaphrodltui
CI)am]Hoo, MLtlhew Claj, Joha Culpajier, Richard
Cutta, John Davenport, jr., Joiiah Deiae, Joaeph De-
aha, Daniel M. Durell, Jamea Elliot, Wyiiam Blj,
John W. Eppea, William FinJlaj, Jamea Fisk, Me-
abaok FiankJin, Francia Gardner, June* M. Gamatt,
Peteraon Goodwyn. Iwiab L. Oieen, Jobn Hania,
' WiUiam Helm*, William Hoge, David Helmea, Ben<
jamin Uovtbr], Daniel Iltlej, John G. Jackaon, Rich-
ard Jaehaon, Robert Jenkini, Richard M. Johnaon,
Thomai Kenan, Philip B. Kejr, Jobn Lambert, Ed-
ward Ltovd, Jobn Love, Matthew Ljon, John Mont-
Snaty, Ntcbolaa R. Moore, Tbomai Moore, Jeremiah
HTow, JoDatbanO.MaMl]r.TboniuNewloo,WilHn
C. Nichalaa, John Randolph, John Rsa of PenoayWania,
Jobn Khea of Tenoeaaae, Malthiaa Richardj, Samoel
Riker, Jobn Bowan, John RaaaelV.EbenaBer Brntvec,
Samuel Shaw, John Smilie, J. K. Smith, John Smith,
Samuel Smith, Henry Southud, Rieberd SCanfixd,
Clement Storer, Lewi* B. Stargtm, Palar Swart, Samuel
Taggart,John Tajloi, John Thompaen, Abrant Tiigg,
George H. Troup, Janm I. Van Alen, Philip Van
CortUndt, Daniel 6*. Verplanck, Jeaae Wharton, Robert
Whilebill, laaac Wilbour, Marraaduks Willivpa, and
Alexander WUiun.

YxAt—JMe^ Barkw, Thomta Blount, Orchard
Cook. Samuel W. Dana, John Dawaon, BaientGarde-
niar, Thomw QhoUon, jun., John iHeiater, Jamaa Uol-
luut, Juoea Kelly, WiUiam Kirkpatrick, Jocrpb Lew-
ie, jr., Edwud St. Lo« Livermoie, Nathaniel Macon,
Joaiab Maslen, WiUiam McCreeij, William Milnir,
John Morrow, Gurdon S. MumTord, Josiab Quincy,
Benjamin Say, Jamea Sloan, William Siedman, Ben-
jamin Tallmadge, Jabei Upham, Nicholai Van Dyke,
Archibald Van Horn, KilUan K. Van BcBaaflaer,
David R. WUllama,ind Richard Winn.

A inotioD being then mnde by Mr. Rahdolpb
further to BRiend the Mid twelfth aection of Ihe
bill, by atrikins out iiamediaicly sfter the vord
"March," in the fouith line, tbe word "Dezt,"
md inaertios, in lieu thereof, tbe word* "one
tJiounDd eignt hundred and.nine," the aaid prop-
Mition of nawndmenl vtsk aQpeneded by n mo-
IKUI iiMda by Hr. MaooH, fnftbet to amaBd the

aald (waUih neetioo, by airikfng out in ifae third
■nd fourth liiMalbereof, at amended by the House,
ib« worda, "fifteenth day of March," and inieit-
iag, io lieu (hereof, the word*, ''first day of Bep-
lember :" And on ibe queation that the Hooae
do agree to tbe amendment ptopoied by Mr. Ma-
con, it paased in Ibe negative.

The queaiion then recurred on tbe amendment
moved by Mr. ItaMDOLPa; and the question be-
ing taken ibat ibe Houie do agree to the •ante, it
woe resolved in the affirmstire.

A motion waa made by Mr. Wbaktoh fortber
to amend the bill by Krikiag out, in tbe aecood
and third lines of the nineieentb section, tbe fol-
lowing; words, "and that the act laying an eat-
barffo oa-alt ships and veaseU in the pons and
barBora of the United Sintes, and the aevenJ acU
supplementary thereto, shall be, and ibe same ue
hereby, repeated, from and ader the end of ibe
nejit sessiun of Coo^reia:" And the qu«sii<»
being put [bereupon, it passed in the negative.

A motion waa [hen made by Mr. Joait G.
JacxjBON further to amend tbe bill, bv striking
out, io the firnt line of tbe said nineieeoih aection,
the word*, "end of the next session of Congreas;"
And tbe queaiiwt being pnt thereupon, it paued
in the native. And the bill being furtber
amended, it was ordered ibal the amendmeBi*
agreed to be engrossed, and, logetbar with the
bill, be read the third, time on Monday dczc

MoNiMT, Febnutry 27.

On motion of Mr. McCREisr,

Jtegolved, That a committee be appointed to
inquire into the expediency of prohibiting, by
Uw, for a limited time, the eiporiatioa of armi,
ammunition, canvass,.uid cordage; and (hat they
have leave to report by bill or otherwise.

.Messrs. McGnBEAv, Q,niNcy, and Mimrosn,
vere appoiittcvl a,co(nmiltee pureuaat lo tbe aud

Mr. J. K. Shitb, from the committee appoinltd
OD theMooitd iuMnt, presented a bill to extend
to Amos Whittemore and William Whittemore,
jun., tbe patent right to a machine for manufac-
turing coUpo and wool cards j which was read
twioe. Whereupon, the House proceeded to ibe
consideration thereof ; and the blank therein be-
ing filled ap at the Clerk's table, with the word
"fourteen," it was otilered that tbe said bill, with
the amesdmeni, be eograssed, tmd read ibe third
lifue to-mono w.

Mr. Rhea, of Tennesaee, from (he Committee
on Post Offices and Post Ronda, presented a bill
to alter and eatafalisb certain post roads; which
waa read twice and committed to a Committee
of the Whole t(

Mr. MqCbbrut reported a bill prohibiting, for a
limited time, the exportation of arms, ammuni-
lion, caovaaa, oorda^ and hemp, and for encour-
aging the imporuiion thereof. — Read twic^ and
referred to a ComwiHee of the Whole.

[This bill prohibits tbe exportation from the
United Sutei, or any wricoriea thereof of nny
«abn«nrmu*keu,.put«b,toyoiMt*,H*(Kdt, cntk*-

.yGoogIc

' 1537

BISTORT OP CONGRESS.

15S8

FsBRDAttr, 1809.

JHaMacAuM"* Mmwrial.

H.orR.

tet, mavket bills, Ind, bomba, gKnadow. gu<
powder, sulphur, or saltpetre, caavan, or sai
duck, ofBuy deseriptioD commonly used for skips
or Teasels, cordage, cables, tarred or uatarred
jum. made of hemp; wine, saiL or sewiDg iwiae,
and soeet copper, till Ibe end of the next sessioo.
It also proridas, that all brass cidood, muskets and
firelocks, with bafoDelB suited 'to the aame, pis-
tols, swords, and cutlasses, which shall be im*
ported itilo the United BtaK« from any foreign
eouDtry, within the term of one year from and
after ine paftiug of this act, be free of duty.]

Mr. [ioLHia, from the Commitlee of Claims,
to whuR) were referred, on the ninth ultimo, a
petition of Benioi Schweiffhauter, by John Ma-
son, his attorney, and soDdry docnroents accom-
panying the same, presented a bill to authorize
the proper aecoDOting officers of the Treasury to
settle Ih« BccounI of the legal representaiives of
John Daniel Schweighauser ; which was read
twic& and coramiited to a Committee of the
Whole to-morrow.

On a motion made by Mr. Blodnt, that the
House do come to the following resolution :

Haohtd, I'hst the commlltae to whom ws* retmred
■o much of the Message of the Prendent ss relates to
th» Mililar; and Naval l^■tabli■hIae^t■, be inslracted
to inquire into the expediency of increasiag the bountf
now atlowed hj Isw to reemits in the mititarj, Mrviee.

TheqnestioD was taken that the Housedo agree
to the proposed resolution, and it passed in the

A MesRage was received from the President of
the Untied Stales, traDsmiltiog aslatemealof the
militia of the United States, according to the
latest returns recaired by the Department of War.
The Message was read, and, together with the
reluTfi transmiiled.therewith. — Laid on the table.

Mr. Nblbon presented a memorial of snndry
iohabitaais of Frederick coaniy, in the State of
Maryland, staling their disapprobation of the
ediota and decrees issued Bgsinsi the commercial
ioiercDursa and neutral rights of the United
Stales by certain belligerent Powers; and pledg-
ing themselTes to sapport. with their Ifres, for-
innes, and sacred honor, all such measures aa the
wisdom of Congress may adopt for the saftiv and
prosperiiy of the Union. — Laid on the table.

The Speaker laid before the House a letter
from the Secretary of the Treasury, accompanied
with' his report on the petition of Daniel Jen-

bim by order of the House, en the foDrteenth of
April last; which were read, and ordered to lie
on the table.

Ad engrossed bill further la amend the se*eial
acts for the establishment and regulation of the
Treaimry, WBr,and Nary Departments, and mak-
ing appropriations for the support of the Military
Establibhment, and of the Narjr of the United
Stales, for the year one thousand eight hundred
and nine, Iras read the third time, and passed.

A message from the Seante informed the House
thactfae Senate hare passed a resolution for the
■ppoinimeDt of three raamben on their put, whc^
10th Gov. Sd Ssas.— 49

with three members of the House of Represanla-
tjves, to be appoinied a committee on the pari of
this House, shall hare the application of the
money appropriated by the "Act making a fur-
ther appropriation for the support of a library,"
pasted the twenty-Snt of February, one thoua-
and eight hundred and six; to which they desita
the coneurreDce of this House.

HAS8ACHD8ETT8 M£:mORIAL.

The'SpEAEEB laid before the Ho use. a memo-
rial received from the Legislature of the Stale of
Massachusetts, eomptaining of the measures of
the Qo*efnmeat| particularly of the embargo
laws, and declaring their opinion that the last
BupplemeDiary emWgo law .is OQConsIitulional.
On motion of Mr. Fibe it was referred to a select
committee— ayes 83. The leasoa which he as-
signed for the motion was, that the memorial,
coming from a respectable State, deserred a par-
lieular consideration.

Mr. QciNCT mored that the memorial be

E rioted. On this motion some debate took place.
Ir. Q. and other gentlemen observed, that they
only wished the same respect to b&paid by the
House to this memorial as was paid to the reso-
lulions of Pennsylvioia sad North Carolina.

Mr. DonBLL, and others, obsorved that this
memorial was committed to a eommiiiee, and
those resolutions were not ; and, therefore, waa
treated wiih more aiteotion.

Mr. New-roN read the answer of the Legisla-
ture of Massachusetts to the Virginia resolutiona
on the subject ot the alien and sedition laws, to
show how the sentiments of a Federal Legisla-
ture then were warped by a Federal Legislature
noiw, to answer party purposes. This anaweT
denies wholly the right of any Slate to cooirb-
vert the laws of the General QoTernment, or to
declare them unconstitutional.

Mr. Qdihct said thst the right of a Legislature
to comment on the measures of the Qovernment
could not be Questioned, when it was seenred by
the CoostitatioD to every individual; and that
the senijmenis contained in the memorial just
presented were not ineonsistent with thdse es-
pieased in the paper read by Mr. NewtOn.

Mr. Thoup said he would be willing to treat
this memorial with respect, but not with peai/iar
respecL He cited the instance in wbicD a me-
morial of the Legislature of Qeorgia on the sub-
ject of a proposed infraction of her terrileriBl
rights by the Uoiled States was neither referred
or printed.

Mr. LiyERMoRa denied that the Legislature of
Massaehusetis had expressed any disorganiziag
semimenii ; they only sapporled the rigMs of iha
Stales, atrenglheoing instead of weakening tha
whole maehine by preserving a part in its proper
operation.

Mr. Bacon observed tbat he should enrol hia
nay in the vote for printing, without the least fear
of being accuKed of disrespect for the State that
he represented --for, however be might respect
the Legislature or the State, he could not show
his nspect for ii by giving its memorial & i»>araa

.yGoogIc

1580

BISTORT OF 0ONORB3S.

1640

BtopR.

Fbbaoast, 180O.

dtSrreBi from ibat ponued in relatioD to p«ti-
lloD( or memoritls from oiher portiont of ihc

Epie ; and it was already referred lo t reapecta-
committee of tbe Hou««.

Mr. Newton obsNTed, that when the commit-
tee tiporied OD the memorial, he should be wilt-
iniT to print the memorial and report on it; at the
tame lime he should move to print the answer of
tbe same Legislaiiue lo the Virginia reaolutioni
OD the subject of the alieo and aeditioa Ibwi, and
tbcB it woald ha the Legislaiare of Maaaaehuietu
eutigating the Legislattira of Matsaehutclta.

Mr. Qainct said that this naeiaoTial coDtained
tbe opinion of a large commercial Stale, and was
•atiifed, therefore, to the attentioa of the Houae,
If MM printed now, a report would probably not
be made on it this leaaion, and it woald
priniad.

Mr. HoLLaXD obeernd, that aa to its ci
in^ iaformaiioD,. there waa not a aew idea eon-
tamed in the memorial ; not one which tbe gen
tloman himaelf had not favored the Houae will
daring the seHioo, and soma of ihem ia tha very
words of the gentleman himaelf.

Ut. Rowan coneeircd that ihe remonstrapce
of a State was entitled to no particular prefer-
ence over that of ant other memorial from any
particutar portion of ihe pesple; aad ihr* *'"
nraper coorae wonld he to let the
lie on the table, aa the KBfajecl of it wa«
under consideration. If an aaawCr was to be
gtTen to it, Ihe Ltf(is]atnre might answer that
MiBwer, and there would be no end to the corres-

rdence. Ur. R, moved to reconsider the vote
the referenea to a select committee.

Mr. QoixcT wkhdiew his motion for printings
t* permit the queation to be taken on
iag tbe vote for reference.

Masara. Sawtbr, Uaooh, and TiTLon. advo-
cated reconaiderafioq. Tbe rote was recopaid-
etcd-«yes 64.

Mf. Fiax again snpported bis motion. He
wished not, hy a silani dispaaition of the metDo-
rial, toaanciion its ataleroents, wholly erroneoas,
or treat it wttb eonierapt.

Mr. Rowan said tbat be had ao idea <^ doieg
either ; but an answer ooald only produea irrita-
lioB, wbicb he was daairoas lo avoid, [t wcold
be trwe magnanimity, even if the House beliered
it not to be correct, to pass it over in silence.

The motion to commit was aegaiired— 4yet SO.

Ur. QtrinoT renewed his motion that ihe re-
HUKUtraaee be printed. Negatived — noes 63.

NON-INTEIlCOnRSE.

Tbe bill from the Senate for interdietieg com-
mercial iniercDurse between iLe United Slaica
■BdQteat' Britain and Fran ee, and their depen-
deiietes,wBs read the third tima And, on the
qgestion, " Shall the bill pass as amended 1"

Mr: MiLitoi said that tha passage of this bill
would be a novelir in legislation, for he believed
i( had not a rrieod in the House. He wu at a
loas whet to think of it. He said he should be
obliged to jtentlcmcn who were in favor ef the
biU to explain to bim bow nncb of ibe embugo

was to be retained by it, and how moch to be
removed.

Mr. M. thooght tbat the offensive part of tbe
embaigo' laws was to be retained by it. The bill
was objectionable, too. because it enacted as a
substitute for the embugo. a non-iateveouTae sya-
tem, which was not to commence until two days
previoai to the next session of Congresa, and waa
to expire with ihkt sessioa. It would searcety
have gone into operation before it wonld eeaae
by tbe limitation of the law. He ooold not con-
ceive for what purpose tbe non-interctmrsesy stent
was to be enacted, if it was to have an cad so
iooB. He had no douht that those gentJcisen
who voted for tbia measnre now, and wjio were
to be in the next Congreas, would be tbe> told
that they had by that vote pledged (bemselvee
not to saffer the embargo to be removed without
an cfficiaot subaiiiuie. For ooe, he said be could
oot consent to take this measure in lieu of the
embargo, because il was inefficient for tbe por-
poses gf coercion ; because it could not be earrittl
into execution; because it would iH«Tciit onr
ustial ioteroonrse without excluding foreign goods,
aa they wonld besmnggled in; because some of
the maauractoret of G»eat Britain bad become
oecesaary to us by habit, and could not be pro-
cored elsewhere now. He did aot view ibis ■;*■
lem as a permanent measure. He beliered that
the gentlemen of this House generally perceived
and knew that ibis measure could have but little
operation. It seemed as if the House must bavo
something to satiufy themselves thkt tb«y were
not lakiag off the embargo without tome efficient
measure ; it waa but a rattle lo please childreo.
In sbort, the bill noder consideraiiOB was so very
objectiooable, tbe provisions ao obscure aad ex-
tremely difficult to understand, our ciiiiens wdbM
be so muck at a loss under it to know wbat were
their rights and what were not, that be could not
vole for the till, tf gentlemen would oome fw
ward and explain tbe oill, eoavince bim that tha
obnexioos parts of the enbargo laws were to be
repealed by ii, he might be induced to rota for it.
Aa it waa, he must vote against it.

Mr. Dawson said, that at tbe laat aeasion, whe«
he bad given a vote in favor of the embargo law,

had been well aware that it would subject our

iKeos to many and great iacoarenieacaa ; ibat
all would be'called oa to Eaerifiee (o tbe puUie
good. Relying on tbe virtue and patriottam ^
ihi* people, he had believed it would be bbraa
with patience, fkom a conviction that it was
adopted from neceasity, produced by the iojoriea
done to us by other nations, aad ealcolated lo
secure the independence of the country. Under
this impresaion he said be bad voted for tbe owaa-
ure; aad, at the same time that be gave that vote^
he had made t solemn pledge to himseLT, hit
coaniry, and his Ood, that he never would re-
voke it -till we took aonse mesisure to defend onr
rights. Such, In bia opinion, the bill now befora
tbe House was not. He considered it a weak,
wreicked expedient,, and he cotild nirt brin^ bim-
■elf to vote for ft ; althoH|^, in voting against it,
he regraiied diflenng ia opioira witb many wbon

.yGoogIc

1641

mSTORT OF CONGRESS.

1542

PuBDAxr, 1 809.

iShtp Tfttmuu.

H. OP R.

k* esteemed, and w»* as maeh disposed to nliere
OUT citiicDS as mj man could be.

Mr. Cook mu), in voiiog for ihe bill, be.^bonld
merely ube it as a choice of erils.

Mr. RxNDOLPB spoke near ao hour in oppasi-
UoB to tha bill. He objected to the priDcipls «a
well as the delsiis of the bill.

Mr. Sloan declared that his frwads fttua Pe«a-
sylvania and Virginia, (M«asri. Milmoh and Rai^
noLPB,) could aoi detest the Mil more than he
did ; aod yet he shonld rote fot it for this reason,
that tbe people, as well as himself, were so heart-
ily tired of the embargo that ihty wonld be gtad
Id get anyihing else in place of it. Another tea-
soQ wa^ that it cootaiued a limitation to the em-
bar^ laws, and he hoped that the embargo would
expire at the lime limited, never u«in to be re-
lusciialed ; that it would be dead, 4iad, dead.

The question on the passage of the bill woa
then decided— 'yea* 81, afyi 4$^ as follows :

Vaia—BraB Alsxankr, LcmiMl J. Abtoa, WilUt

RtGhudCutM. Joai^ Deans, JoMph DmIm, Danial
H. Durell, John W. Eppes, WiltiUD Fltuilay, Jsmu
Fiik. Madiuk rnmklin, Jutwa M. OunsU, Tho«M
Gfaohon, Jan., Petemn OoodiiyD, Isaiah L. Grvm,
John Hairis, John Heiataiy Williun Helms, Ju. Hol-
lamd, David UalaiM, Benjunin Htntsrd, KcuImb Hau-

ShreyB, Daniel Ililey, Richard M. Johnsoni Wailar
nnes, Thomas Keoao, Philip B. Key, John Lambsrt,
Joseph Lewis, jun., Edward Lloyd, John Lore, Mat-
thew LjoQ, Robert Marion, Jowah Masters, William
McCreery, John Montgomery, Nicholaa R. Moore,
Thomas Moore, John Morrow, Gurdoni 8. Mutofbrd,
Soger Nelaon, ThDmsa Newton, WQson C. Nicholas,
John Pogh, John Rea of PennByWania, John Rhea of
Tennessee, Jacob Richards, Matthias Richards, Sslnl.
Riker, John Ruavell, Benjamin Bay, Hbenvur Beanr,
Samoel Bhaw, Jan«a Hload, Daniiis Smalt, John Smi-
lie, Jodediah K. Smith, John Smith, Samuel Smith,
Henry Stottthu^, Clement Btorer, Peter Bmit, John
Thomprca, Jbumi I. Tan Alan, Philip Van Coitlandt,
Arehib«ld Via Hon, Daniel C. Vej^aniA, Jesae
Wharton, laaK Wilbour, Nannadnka WUilaSi*, Alei-
■Oder Wibon and Nathan Wilson.

Nats— Darid Bard, Bntwell BwMtc, WUfiam' W.
Bibb. WUUam WuUaife, Thomas Blonnt, Joseph

John DaseniHHti jniki John Dawaaoi lamM BUiot,
William Ely, Baraat Otsdaniai, Franeis Bardnet,
WUIkm Hoge, Bidiard Jaehson, Janus XgUy, Wm.
KirkpattiA, Nalhaaid Macon, WilUam Milqar, Jonn*
tbam O. MoM^, Tboiaaa NewboR Jobai Porter, Jo-
siah Qai^, Jdm Randal^ Jdui Rowm, Richard
StanJbid, William Stednaan, Lewis B. SlnrgM, Benj*-
min Tailaadge, John Tavler, Abraa Tiigg, Geoige
M. Tf»np> Jabe* Uphan. Nicholas Van Djke, KDban
K. Vaa Rraa^aei, and Robert WhitetdU.

[ Absatit boa tbs «ity— Mavm. D. Montganery, Carl'
ton, Chandlo, OGnton, Cobb, ntkia. Story, and D.'
B. Wyiisa»~8. ia (he city, kit net pMasfat at tha
TOU^ beint abamt boot illvsaor othsr <

TtJEanAY, Febreafy 28.
On a motion, made by Mr. Dana, that the
□use do come t^the foltowiii^ resolution :
Raoivtd, That it it pniper to make protisian, by
w, to allow raercbmt Tcaiela of the United States to
be armod Ibr deience in Toyagca to ports of £urope,M
the West Indies, or Atlantic coast of America, aia^
accndingly, to faroish the documentary eTidenea
which nay be proper, in any snch esse, to manifest
tha defensive character of the armament aUowed, and,
«t the same tine, by law to reqoire seoiitiea for A*
veaselfl rtapeetiirely, that they will not proeaed to any
port known to beactoally Uockadad, nor cany alttdaa
ooBbaband of war to (he doaHMonaof a belbgwant
Powsr, nor violate tbe la«s or tr«alies ti Oa United
Statsi; or the rodas of pabUc law by them aokiiowi<
edged, hot will obMene Uie. instructions which may ba
giian by die PrMdent ef the Dtnted Btatn ier pM>
Tenting all snob tiolatiams, a>d that dne satis&etioar
shall be made Ibr all damages and injaries, if any dioaU
be coDtmUted eontiary to Iha tenor thereof :

The resohitioD was read, and ordered to lie oa.
the table.
The House then proceeded tocousidei tbe bill
authorize the Collector of BBliimore, on cei^
in conditioDS, to refftstoE anew th« ship Thomas.
Whereupon, a motion was made by Mr. Hol-
land that the further coosiderBtion thereof bo
poslpooed iodefiaiiely. And the question being
put tbeieupon, it passed in the negatiTe, The
bill was then committed to a Committee of tbo
Whole to-morrow.

An engrossed bill to extend to Amos Whitte>
more and William Whiitemore, junior, tbe p«t-
eot right to a machine for maBulaciQiiDg cottoo
and wool cards, was read the third time, and tben
passed— 55 to 19.

Th,c House proceeded to consider tbe tetoIii<
in receired' from the Senate, oo the twenty
seventh inslaut, for the appoiolmest of a Joint
Committee of the two Houses, fur tbe purpose
expressed in an act passed the tweoCy-firtt of
February, one thousand eight hundred and six,
entitled Aa act making- a further approprialloo>
for the support of a library." Whereupon,

Raoleed, That this House dotb agree to the
said resolution ; and that Messrs. Nicbolab, Sat,
and Daha, be appointed a committee on ibe part
of this House pursuant thereto.
SHIP THOMAS.
Mr. Newton, from the Committee of Cora-
metce ^nd Minufaciures, to wboip was referreda
on the sixteenth of PfoTember last, a {>etilioo of
the President and Directors of the Maiae Bank,
at Portland, in the District of Maine, presented,
according to order, a bill to authorize the Col-
lector of Baltimore, 00 certain conditions, to re^
ister anew the ship Thomas ; which was' reu
twice. Whereupon, a motion was made by Mr.
Blackledob that the House do now adjourn :
And the question being talten thereupon, it passed
in the negative— yeas 2, nays 35, as follows:
Tai4 — Matthew Lyon, and Nathaniel Macon.
N*ia~Joseph Barker, William W. Bibb, William
BlaeUedga, Jolm Blake, junior, Adaai Boyd. John

.yGoogIc

1543

HISTORY OF OONORBSS.

B.ow¥

Intaiid Pengiimtrt- ■ PrtaUlenfi Hove.

Pbbkuart, 1809.

Bnle, Rob«rt Bntwn, Williua Butkr, John Ckinp-
ball, Martin ChitlcDJsa.Jabn Culpcpsr.Richird Catti,
3«hn DiTenport, janior, Jabn Diwwn, Joiiili Done,
Jwnw EUiol, Willutn EI7, Jamn Pisk, McthBck
Fnnkliii, Peierun Guodwjn, Edwin Gnj, Iwiah L.
Otmd, Jolin Harri*, Jabn Heutar, Jtmea HolliDd,
David Hoi msa, Benjamin Howard, Daniel Dale;, R. M.
Johnson, Waltai Jonea, Jamea Kelty, Thoa. Kenan,
John Lambert, Joieph Leiria, joniar, John Lore, Rob-
art Marion, William McCrMrr, William Milnor, John
Montgaaierf, Nicholaa K. Moon, Jnemiah Marrow,
John MofTOw, Gurdon 8. Mumford, Roger Nelaon,
Tltomae Newbold, Thomaa Newton, WiUon C. Nieh-
oiaa, John Pufh, Joaiall Qaincy, John Rea of Penn-
■j^nwia, JcAb She* «f TnnHMoee, Jacob Richarda,
Matdiiaa RiAardf, SaoBsl Riker, John Rowan, Lem-
B*l Sawyer, BanjamiD Bay, Banael Sbaw, Jame*
SloM, Dannii Smelt, John Smilie, Jedediah K. Smith,
John Bmilh, Bamnal Smith, Henry Southard, William
Stadmaii, Claiacnl Bloror, Lewii B. Stargea, Peter
Swan, Sunnel Tafgart, John Taylor, Jabn Thomp-
•on, George M. Troop, Jabei Upham, Philip Van Cort-
landl, Nidiolaa Van Djke, Archibald Van Horn, Kil-
lian K. Van Renaaelaer, Jeaae Wharton, RobL Wbite-
hill, laaac Wilbour. Marmaduke Williama, Alexander
WiUon, Nathan Wilson, and. Richard Winn.

INVALID PENSIONERS.

The House resolred itseir intoaCommiltfe or
thp Whole on the hilt eancerntag iDralid pen-
■ionera.

A motion -wM made by Mr. Holmes to strike
out the fourth aeeiion of the bill, which author-
izes the payroenC of ibe aegregale amooot of
tile ■rresriges of pensions, from the ihne their
diaabiliir was incurred, to all personj entitled to
pensions, — Carried.

A motion was made bf Mr. Macon, and carried,
to strike out of tbe bill the third srotioo, which
tllows pensions to all persons in any manner in-
curring disability during the ReToluitonarjr war,
whether by Toloolary expediiiona, or otherwise.

A motion was made b^ Mr. BLicsLEDOE to io-
««rt an amendmeot providing 'for tbe payment to
■II person* placed on the pension tiat since the
firstofJanuary, 1796, of the ag^egate amount of
■rrearniTPB for ten years preceoing. — Negatived.

The Committee rose, and reported the bill as
■mended.

The House conenired in striking ont the third
BectioD, 47 to 30.

Mr. BAifiK)LPH, who orifinilly mored tbe
fourth aectioD, called for tbe jeas and oayt on
concurrence wiih tbe Committee in atrikiog out
theseciion.

Mr. Rowuf spoke at length in support of the
lectioQ, which De conceived to be imperioualy
called for, both by justice and policy. The
money due to our soldiers was a just debt, to
which it did not become the QoVerament to
plead the statute of limitation.

Mr. Randolph bUo spoke at large in explapa-
tion of his reasons for o&erin^ Ibe amendmeot,
■nd in support of it. The claims of the persons
placed on the pension list had heeu rigidly seru-
tioized, and payment of them could tiot in justice
be refused, unless from Inabiliif of Ibe Qorem-
ment to pay them.

Th« queaiioo on eonciirrcoee was decided in |
the affirmative— yea* 53, nay* 3S, aa follows:

T*Ai — Willis AUton.}uii.,Da>id Bard. Joac^ Bar-
ker, Burwell Baaaatt, John Blake, Jan., Tboa. Blonnt,
John Boyle, William A. Barwell, Williana Butler,
Martin UhittendeD, John Culpeper, Joaeph Deaha,
Daniel M. Ddi«U. MeWiack Franklin, Tbomaa Ghol-
■on, juun Petoraon Ooodwyn, baiah L. Graen, Wil-
liam Helm*, Jamei Holland, IHvid HolniM, Rauben
Humphreya, I>aniel Ikalay, llioma* Xenan, Nathaniel
Macon, Robert Marion, Joaiah Maatera, Wm. McCrao-

^, Nidiola* R. Moore, Jeremiah Morrow, John Morrow,
urdon B. Mumfoid, Thomas Newbold, John Poiur,
John Pugh. John Rea of Pemujlvania, John Rhea ai
Tenneaaee, Jacob Richards, Mattbiaa Richarda, Ebene-
ler ficaver, Samuel Shaw, James Bloan, John Smilie,
Jedediah K. Smi^i, John Smith. Richard Sunlbrd, Cle-
ment Storer, Peter Bwart, Samuel Taggan, Benjamin
Tallmadge, John Taylor, Jesae Wharton, Robert
Whilehill, and Alexander WilKin.

Nato— William Blaekledge, Joseph Cathonn, John
Campbell, EpajlJiroditiia Champion, Matthew Clay,
Jidm Davanport, ;un., Jidm Dawaon, Franeia GardDer,
John Hania, WilHam Hoge, Benjamin Howard, Rich-
ard Ja^aon, Bobarl Jenkina. Richard M. Johnson,
Jamea Kally, John Lambert, Matthew Ljon, William
Milnor, Jonathan O. Moaaly, Roger Nalaon, Tboma
Newton, Wilson C. Nicholaa, Joaiah Qnin^, John
Randolph, J^u Rowan, Dennis Snelt, Samnel Smith,
Nicholas Van Dyke, ArehibaU Van Horn, Kiltian K.
Van Reniadaer, Daniel C. Varplanek, and Mama-
duke WiUiama.

80 tbe section was struck out.

Mr. Blackledqe renewed the motion which ,
he made in Committee of the Wbole, and spoke
at length in support of ii. '

The motion was negatived by yeas and nays,
by B Urge majority.

The bill was then ordered to a third readiDgi
and tubsequeotly paused, turn. con.

PRESIDENf-S HOUSE. "
The House then resolved itself into ■ Com-
mittee of the Whole on the bill making further
ntovision for the aeeommodatioD of the house-
hold of the Presidept of the United Sutea. The
bill being gone ibrough, was reported to the
House, and ordered to be read ■ third lime to-
day. It waa then read a third time, and passed—
yea* 76, nays. 11, as follows;

YiA>— WiUis Alston, jr., David Bard, Joeeph Bar-
ker, BniweU Baaaett, William BlaeUedge, John Blake,
jun., Thomaa Blount, John Boyle, William Butfer,
Joaeph Calhoun, John Campbell, Epaphroditai Cham-
pion, Martin Chittenden, Matthew Clay. John Cnl-

baniel M. Durell, Jamea Elliot, William Ely, William
Findley, Meahack Franklin, Francia Gardner, Tbomaa
Qtacdaon, jr., Petereon Goodwyn, laaiah L. Green,
John Harris, James Holland, David Holmea, Benja-
min Howard, Daniel Ilaley, Richard Jackaon, Riehard
M. Johnaon, Walter Jones, James Kelly, William Kirfe-

Jatrid, John Lambert, Edward St. Loe Livermore,
DhQ Love, Matthew Lyon, Robert Marion, Joaiah
Maatera, WtlliaDi MeCroery, Jeremiah Morrow, Jona-
tiian O. Moedj, Gnidon 8. Mnmfwd, Roger Nelson,
Thomaa Newton, WUkih C. NickriM, John Poitsr,

.yGoogIc

F 1645

HISTORY OF CONGRESS.

1546

Marcb, 1B09.

Htm.fl, Cordagt, Arma, f c — Public Buildingt.

I.orR.

Joha Pugh, Jonah Qninc^. John Raa of Ptnna^Ivinii,
Joho Abta of Tflnnenee, Maltbiu Ricbardi, John
Row&D, Dennia Smelt, John 8niilie,Je(lsdiBhK. Smith,
John Smith, Richard Stanfoid, William Stedman, Cle-
ment Storer, Samuel Taggart, Benjamin Tallmadge,
John Taylor, Jamei I. Van Alen, NidioUi Van Djit,
Archibald Van Horn, Kiltlan K. Van Renuelaer, Dan-
iel C. Vcrplanck, Robert Whitehill, and Mannadoke
WilitamB.

NiT*— Robert Brovn, WiUism A. Burwell, William
Hoge, Nathaniel Macon, Thomas Newbold, John Ran-
dolph, John Runcit, Ebeneier SeaTor, Jamei Sloan,
Jnac Wilboar, and Richu-d Winn.

BBMP. CORDAGB, ARMS, Ac
Th« House leiolTed iudf into a Committee
of the Whole on the bill prohibiiiogfor a limited
time the exportatioa of arms, ammunition, can-
vaaa, cordage, and hemp, and for encouraging Ihe
importation thereof.

Mr. Rakdolfb moved to strike out the first
section of the bill, whicb molion he supported on
the ground of its inexpediency, as lending to
tbrowa damp on Ihe eulinre uf hemp in the
eoantry, tod oa the ground of its uDcoo^tilu-
tioDBlitjr — the Constitution not having expressly
delegated to Coo^ress the poirer of prohibiting
exports, ail<t having prohibited Congress from
taiing them, thereby iiDpliedly denying Ooogress
the power to prohibit exportation.

Mr. McObekrt staled, in sapporl of the bill,
that the United States were in the habit of im-

Griing annually twelve millions of pounds of
mp, and great quanliiies of canvass, a great
girt of which was bought up to export for the
ritish Navy; and, from the frequency of this
practice, it was expected that there would not be
sufficient left in the country for home consump-
tion.

Messrs. Q,criNCT, Ely, Lton, and Rowan, op-
posed the bill, observing that, as R) prohibiting
the export of arms, there could be no occasion
for that part of the bill, as arms of ever^ kind
bore now a higher price in this country than else-
where; that the passage of the bill wonid de-
press the cttlture of^emp as well as mannrac-
lure of cordage; thattheUniled States already had
a sufficiency of naval stores; that a restriction of
this kind wonld only enable the merchant to pur-
chase these articles at a lower price, at the ex-
pense of the groweriof hemp, and manufacturers.
Mr. SLOaN wks opposed to the bill becausehe
<lisliked the general principle of restricting trade.
The single reason that the bill partook somewhat
of the nature of a partial embargo, wat sufficient
to induce him to reject it.

The first section was then struck out— Teas M,
nays 26.

The Commiitee rose and reported their dii-
agreement to the House, who concurred in it —
yeas 51.

Mr. Van Horn wished to retain the last sec-
tion of (he bill, for importing arms free of duty.

Mr. Q,ciNCT observed that more cguld be maa-
nfaciured in the United States than could possi-
bly be wanted.
The whole bill was then negatived.

WEDNBaDAT, March 1,

The bill sent from the Senate, entitled "An act
making further provision for tne Corps of En-
gineers," wasreaJ twice and committed toa Com-
mittee uf the' Whole this day.

The House resolved itself into a Commiitee of
the Whole on the bill suapleraeDtnl to the act, en-
titled "An act for estahlistiing trading-houses with
the Indian tribes. The bill was reported with
two amendments thereto ; which were twice read,
and, on the question severally put thereupon,,
agreed to by the House.

Ordered, That the said bill, with the amend-
ments, be engrossed, and read the third titne to- ■
day.

On motion of Mr. John Q. Jackbdn.

Ordered, That the Committee of the Whole
to whom was committed, on the thiriy-Qrst of
January last, a hill sent from the Senate, entitled
"An act to extend the lime for making payment
for khe public lands of the United States," be dis-
charged from proceeding therein } and that tba
said bill be laken up for consideration in the
HoQse.

The House, BCcorilingly, proceeded to consider
the hill al the Clerk's table : Whereupon, the bill
was read the third time and passed.

An engrossed bill supplemental to ifie Bet, en-
titled "An act fnr esiBblishing trading-hoosH
with the Indian tribes," was read the third time,
and passed.

The bill for the relief of Jacob Barnitz went
through a Commiitee of the Whole, was reported
to the House, and ordered to a ihiril reading. It
was subsequently read a third time and passed.

A mespa^ from thtt Senate, informed the House
that the Senate have pa.'ued a bill, entitled "An
act farther to amend the several acts for the ea-
labllshment and tcgniaiioii of the Treasury, War,
and Navy Departments ;" to which they desire
the concurrence of this House.

PUBUC BUILDINGS.
The House resolved itself into Committee of

the Whole, 52 to 24, on the bill from (he Senate,
making further appropriations for corapletiog the
two wings of the Capitol, in the City of Wash-
ington, and for other purposes.

Mr. W. Alston said that he wished to with-
hold any appropriaiion but for the accommoda-
tion of the Senate. Such extravagance and waste ~
had characterised the progress in the buildinga,
tliBi, as long aa the present Superintendent re-
mained in office, he would not voiea cent furlhet
appropriation. He moved to strike out every item
in the bill but that for Ihe accommodBtion of the

Mr. Levis objected to the motion. He called

for the reading of the report of the Surveyor of
Public Buildings on the subject.

Messrs. Alston, Sloak, SiiiLii;,and STAKronn,
advocated the motion, and Messrs. Macom, Nel-
son, J. Q. Jacebon, and Lroi4, opposfd it on the
ground that the buildinga, having been commenced,
ousbtlo be finished.

The motion for atriking out the appropriation

.yGoogIc

1547

HISTORT OF CONGRBSS.

1548

K-orR.

ComUi/the United SUa£M.

Uabvh, 180&

for the RepreteaUUTes' Chamber, wa* uegitiTed.
Uxo3i.

The CommiLtee then tefuted to sutke oot uf
part or the bill.

The Comroiitee then rOEe and reported the bill,
which wai ordered [o be read a third lime to-dajr.

The bill beiog about to be icsd a third time,

Mr. CoLPGPEB moved that the hill b« recom-
nilted for the purpone of alrikiog out the items
Wore moved lo be stricken out. Motion Dtg
tived, ayes d.

The bill wa» then read a third time aod pasaed-
yeas 67, nays 21, ai follows :

Yiii — Lemuel J. Alaton, Exekiel Buan, JoHpb
Barker, Bumell B»ictt, WUIiam BtBckledge, Jabn
BUke.jr., Thomu Blount, John Boyle, Joha Cimp-
b«ll, Spapbrodilua Chsmpion, Bichaid Cutla, John
Davenport, jr., John Diwioii, Joseph Deiba, William
Findtej. Jimei Fiek, Methack Fruiklin, Thomu Gbol-
•on, jr., Peterson Goodwin, lasiah L. Green, Wilttsm
Helms, Jsm« Holland, Dsvid Hnhnea, Benjsmin How-
ard, Reuben Hamphrej-s, John O, Jackson, Richard M.
Johnson, James Kellj, Philip B. Kb;, William Kirk-

Btrtek, Joha Lambert, Joseph Lewis, jr., John Love,
stthsw 1.J0D, Nslhsniel Macon, Robert Marion, Jo-
tiah Masters, Willism McCrMty, Nicholu R. MoDra,
Jaramiah Morrow, Gurdon S. Mnmford, Soger Nel-
aoR, ThoDBj Nawlon, Wilwm C. Nicholas, John Por-
taT) John Rhea of Tannessea, Bamoal Siker, John
B«w«n, Jotu Bussall, B^amb, Saj, Ebenner Baavar,
Sasnal Bhaw, Dannia Smelt, Lewis B. Bturgea< Saea-
Ual Taggart, Belgamin TailmaLlgP, John Tsjior, John
Thovpson, Jabai Upbam, Ju&m L Van Allen, Nic'
Ida* Van Dvfce, Arciibsld Van Horn, KiUian K. V^
Rensselaer, DanielC.VerplsnckiMannadakeWilliamB,
Alexander Wilson, snd Nathan Wilson-
Nats — Willis Alalon, jr., Babart Brawn, Josaph
Calhoun, Matthew Clay, John Culpepei, Francis Gard-
ner, John Heiater, Willi&Bi Mitnor, Joaiab Quinej,
John- Randolph, Mattbias Richards, Lemuel SawTer,
James Bloao, John Smilie, Jedediah K. Bmith, Bamuel
Smith, Henrj Southard, Rjehird Stan&rd, Petor Swait,
Robert Whilebill, and Isaac Wilbour.

COURTS or THE UNITED STATES.

The Honse resolved iise)f into a Committee of
the Whole, 40 to 31, on the bill nipptemeniary
an act for establiabing the Court* of the United
Blaies. [The bill proposes en alteration - in the
time or manner of noldiog the courts of Booth
Carolina.]

Mr. Low propoa«d an amendment to the bill.
lleclatiDK that the laws of the aereral Slates shall
be the rules of proceeding in all judicial proceedr
tap in the Coorts of the United States, provided
that it shall not affect any process on Iwhatf of
the United Siatea.

Me^srs. Taylor and Kellt objected to the io-
trodDctioD of a general provision,' embracing sach
m imporiant principle, into a law for a special
purpose — a principle, loo, the propriety of which
was at least questionable.

Mr. LovG advocated his motion. He sdverled
to the laws passed in different States for suspend-
ing executions for a rime. He did not express an
•pTnion on the prinetple of saspenaioo ; but what-
ever might be bis opinion of the principle, he

wiabod it to be extended to the Fedeiml Coorta in
those Stales, for the sake of eqaality a^d cod-
aiiiency injudicial prooacdlngi.

Mr. Love'h motion waa negatived by n eonrid-
erable majority.

The CotDinitiee rose and reported the bilL

Mr. LoTG renewed the motion which he nude
in Comniitiee.

Mr. Gbolsoh advocated the moiicu at some
length, aod went into an examination of the lawa
of the United Siaie!< on the aubject of judicial
process and of the decisions under them, p«r(icu-
larly of a late decision of the Chief Justice, that
the law of a State ( Vtrgiaia) for atwpeBdin^ ex-
ecutions should not he theruleof procenliog/bra
Pedeial Court whilst all Other State laws not
contravening Che laws or Constitution of the Uni-
ted Slates were bindiog on it.

Mr. Dana moved to sirike out the proviaion ex-
cepliag from the operation of the amendment all
process in behalf oT the United Sutea. — Ayes 30,

M(.M.Clav conceived thede«isiaa of the judge
mentioned by Mr.Gaouioifiohave been erroneaus;
aodall thai was asked waa that the decision should
be reversed by an eiplanaiion of the meaning of
the law of the United States ; that a jud^ should
not have it in his powar lo put up ibe law with
one hand and put it down with the other. DndM
this drcratoa, a merchant to whaa money waa
due in the Slate in nhieh ha resided, had nothing
to do but lo assigD the debt to some one in a
neighboring Slate, and there bring suit on it, and
evade the law of ibe State. The foreigner leo
had advantages over the citizen of a State, as be
could recover debts and obtain eieeuiioB on the
judgroeni, when the citisen was denied ibe rieht.

Mr. QABnEMEH. offered an amendment to Mr.
Lovs'a motion, to this effect; "that no ciiixen of
one Stale whioh had paued no law for snapead-
iog executions should be prevented from obtain-
ing money m a Slate where such lawa bad been
passed." For it would be uajusi to enable tha
citizens of one Stale (as Virginia) to refuse pay-
ment while their neighbors in another State (as
Massachusetts) were compelled to noake payment.

Mr RoWAH lyppoeti Mr. Love'h amendment,
a* going to approve the di£ferent lawaon thesub<

Sal of suspension of six or sefen different States,
e thought there wasnooceasion for the amend-
ment ;' foa by it the House would sweep from the
judicial code tbe laws already existing on ihia
subjecl-~and he deprecated all ionorations of the
judicial system, where the necessity for amend-
ment was not decidedly apparent.

Mr. QARDGNiER'e motion was negatired by a
large majority.

Mr. Love's motion was then negatived — yeas
S5, nays 67, as follows:

TsAs— Willis Alston, jnnior, Burwell Baisatt, Wil-
liam Blackledgs, Thomas Blount, William A. BurwsU,
William Butter, Matthew Clay, JcMah Deane, John
W. Eppaa, lames M. Gsrnelt, Thomss Oholaon, jnn.,
Peteraon Goodmyn, David Holmes, John G. Jacfcaon,
Waller Jones, Joseph Lewis, jnnior, John Love, John

.yGoogIc

JS4«

HISTOBT OF OONOKBSa

1660

AUxandria T^tmjrikt.

MoBtgoneiy, Johm Motraw, TkomM Nawfam, Wilaon
C. Niefaolu, Jededmh K. Smitli, Henry Soalhud,
Bidurd StanloTd, and Alexiadat Wilion.

Naib — Lemorl J. AblMt, Eiekiel Bacon, Jonpb
Bu'ka', John Blake, jr., John Borle, JoMph Cathaun,
Epipbjuditiu (tampion, Kichard CntW, Joieph D«aha,
Jam» EUkrt, WiUiam EI]', Witliani FindleT, Mrahack
Fnnklm. Barant Oudeaier, laaiab L. foaea, John
Haitter, Wiiliain Halnu, Jamaa HoUand, BenjamiD
Howaid, Rauben HDni|du«;a, Daniel IUh, fiicbard
Jat^aon, Rtchard M. Jobnaaa, JaniM Kelly, John Lam-
barU Haltbew Ljon, Nadwual Macon, Bc^ Marion,
Jooah MMtera, WilKam McCtmij, WUliain Milaot,
Jeremiah Marra>ir,Gurdon 8. Mum&rd, Roger Kelaoa,
Tbomaa Newbold, John Forter, John Pugh, Joub
QainiT, John Handotph, JtAn Rhea of TannaBoe, Ja-
cob Richafde, Mallhiu RichanlB, Samnal Rikei, John
Rowan, John Ruiaell, Benjamin Say, Samuel Shao,
Jamei Sl^an, Dennia Smelt, John Smilie, William
Steiman, Clement Storai, Lenii S. Sturgea, Pel£i
Swart, Samael Taggail, Benjamin Tallmadge, Joho
Tayloi, John Thompson, Abiam Trigg. Jabai Upham,
Jamea I. Van Alan. Nicholaa Vux Dyke. Archibald
Van Horn, KiUiao K. Van Reniulaei, Robert White-
Utl, laaac Wilbour, and Nathan Wilaon.

No other amendnieut being o&red to the bill,
it was ordered thai the amcDdmenla agreed to, be
CDgroaaed, sod, together witb the bill, be read the
third time thi» daj. The bill was subaeqneolljr

The House resdlred itself into b Committee of
the whole House, 38 lo 30, on the bill for incor-

fiorating a compaoy for making a turnpike road
rom Qeorgeiown to Alexandria. After a long
lime spentin eomaiLttee iudiscaisiDg the detail
4>r the bill, about 6 o'clock, after being in session
eif ht hours, ■ quorum not being preseul, the Com-
mittee wM dissolved ; aad the House adJotfrDed.

TBtrnaair, March 2.

The SpEAEEH laid before the Uoaae a letter
signed "James Mabihon," stating, that he pro-
poses to lake the oath whieh tha CnanitutioD
preicribes to the President of the United State*,
Defore he enters on the execation of his office, on
Saturday, the fourth initant, at iwelre o'clock,
in the RepresentaiiTes' Cbam her.— Read, and or-
dered to lie on the table.

Ameuageftom the Senate informed the House
that the Senate hare passed the bill, entitled "An
met ooncerulDg iDvalid pensioners," with an
amendment; to which tbejr desiie the concur-
icnce of this House. Also, the bill, eotitlad "An
■et further to amend the sereral acta for the es-
ublisfameat and regalaiion of the Treasury, War,
and Navy Depanmeata, and making appropria-
tions for the support of theMiliiaty Bsiablisb-
tncnt, ai>d of Ibe Navy of the United States, for
the year one thousand eight hundxd and nine,"
vith MTeral Bmendmeats; to which ihey desire
(he flOBcnrrenee of tbia Hoom.

ALEXANDRIA TURKPIEE,

Tha Houae pfOceeded to take into oonaidera-
tloQ the bill aent from the Senate, entitled "An
Mt to authorise the making of a Inmpike road
ftona UtMn'i Canwway to AtcxMMlriB :<' Where-

postponed inde^nitely : And the question bsti^
pat thereupon, it passed in the negative.

A motion was made by Mr. Liwia, that tbe
bill be recommitted to the consideration of a
CommilMeof the Whole Houae: And the qaea-
lion being put thereupon, it passed in the nega-
Tire — yeas 35, nays S7, as foltowH :

T>**— Biekiel Bacon, Burwetl Bawstt, Epar^ro-
ditoa Champion, Matthew Clay, John Culpaper, Dan-
iel M. Dnrell, WiHiam Ely, John W. Eppea, JamM
Fiak, Francia Gardner, Thomas Gholson, jr., Edwin
Gray, Benjamin Haward, Ranben Hnmphiaya, Rich-
ard JackMD, Waiter Janaa, Joaapta Iieiri«,jr., Mat-
thew Lyon, Nathaniel Macon, Josiah Maatan, Wil-
liam Milnor, Nichdaa R. Moore, John Morrow, Onr-
don 8. Mumfbrd, Jasiah Qviney, John Rowan, John
Riiaell, Jedediah K. Smith, Clement Storer, Peter
Swart, John Thompson, Abram Trigg, Jabcz Upham,
James I. Van Alen, and Richard Winn.

Nats — Lemuel J. Alston, Willis Alston, jr., Da*id
Bard, Joseph Barfcar, William BlacUedge, John Blake,
jr., Thomas Blount, John Bojla, Robert Brown, Wil-
liam Butler, Joaeph Calhoun, Martin Chittenden,
Richard Cutts, John DaTcnport, jr., John Dawson, J«-
aeph Desha, Meihack Franklin, Petsnon Ooodwjn,
Isaiah L. Gnen, John Harris, William Halms, Jamea
Holland, David Holmes, Daniel Ilsley, John G. Jaok-
aoa. Richard M. Johnson, Thomas Eanan, William
KiApatricA, John Lambert, John Lore, Riteit Ma-
riosi, WiUiam MeCreeiy, Jarsmiah Mmrow, RofW
Nelson, Thomaa Newton, John Porter, John Pi^
John Rsa of PemiqrWania, John Rhea of Tennaaaea,
Samuel Riket, LamtMl BawTar, Beigamin Bay, Ebe-
naiar Beaver, Samael Shaw, James Sloan, John SmiUa,
John Smith, Samuel Smith, Henry Sonthanl, Richard
SUnfbrJ, William BtMlmsn, John Taylor, Archibald
Van Horn, Duiial C. Verptanch, Jesse- Wbaiton,
Robert WhitabUI, and Nathan Wilson.

A motion was then made by Mr. Lewis io
amend the bill, by inserting after the word " the,"
iji the twenty-ninth line of the seventh section,
the words "county of Alexandria, in the:" And
the question being put tbereapon, it passed in the
netratire — yeas S^, nays 60, as follows:

Ysu— Eiakiet Bacon, Borwell Bassatt, Epajdire-
ditBs Champion, Martin Chittenden, Matthew OUj,
Oiduwd Cook, John Culpaper, Jamea Fisk, Fianda
Gardner, Peterson Ooodwyn, David Holmes, Joaeph
Lewis, inn., John Love. Matthew Lyon, Nithanial
Macon, Bobert Marion, Williwo Milnor, Nichalaa R.
Moore, Jeremiah Morrow, John Morrow. Ttuuoas New-
ton, Josiah (Jnincy, John Rowan, John Russell, Jamea
Sloan, Samnel Smith, Claownt Btorer, Peter Swart,
Benjamin Tallmadge, John Taylor, John Thonpaea,
Jamea I. Van Alen, Nicholas Van Dyke, and Juax-
ander Wilson.

Niis— Evan Alexander, LMund J. Alston, Willis
Alston, jun., Jos^ih Barker, William W. Bibb, Jaba
Blake, jun., Thomas Bloont, Robert Brown, William
A. BoTwall, William Bntler, Joseph CalfaouH, Geei«e

W. Campbell, Richard Cutte,John Davanpart, ji
John. Dawson, Josiah Daane, Joaeph Deaha, Jamm
Elliot, William Findlay, Heahack Franklin, Bannt

Gardenier, James M. Gaiikatl, Edwin Qnf, laaiak
L. Qiean, John Harris, William Helnu, Jamea Hot-
land, John a. Jaskson, Bobart JflDkina, Wilham
Kiri^iatrick, John Lombmt, Josiah Uastai^ WiUiaM

.yGoogIc

1651

HISTORY OF COKGRBSS.

1552

H.opR.

Armf and SaWf Appropriaiio',

Uarcb, 1809.

McCreery, John MontKomBry, Boger^NaUoD, John
PoTtar, John Pugh, John R«> of PrniiuiitTilut, idba
R^t of TannoHe, M*tthii> Hicliwda, Bvaatl Hiker,
Benjamin Bay, EbeneieT SeaTsr, Samiial 8baw, John
Bmiliei Jedadiali K. Bmith, John Smith, Haniy SoDth-
vd, Kichard Bunfoid, Williatu Stedmin, Sanuel Tag-
nrt, Abrun Trigg, Qsorga M. Troup. BtUip Van
Cortlanilt, Archibald Van iLom, Jaoaa Wh*non, Rob-
en Whit«hiJI, Maimaduki WUliam*, Nithin Wilaon,
ud Richard Winn.

Suodrjr other propoiltioDi of ■m«Ddm(Dt to
the bill were then moved by Mr. Lewis and Mr.
Macok, which being seTerally twice retd, were,
«D the queation put thereupon, ditafrced to bv
ibe House. No other atnendment being offered,
it waa ordered that the taid bill be read the ihira
time to-day.

Mr. Holmes, from the Committee of Ctaimi,

E resented a bill for Ibe relief of William Haft-
ags; which was read twice and committed to
K Committee of the Whole ibia day.

ARMY AND NAVY APPROPRIATIONS.

The Ho Die proceeded to consider the amend-
meata propoatJ by the Senate to the bill, eotiiled
"Ad act Airiher to amend the aeveralaeta for the
Mtabliahmeot and regulation of the Treaanry,'
War, and Navy Depanmenia, and making ap-
propriatioDi for ibe toppori of the Military Ei-
labIiibm«Dl. aod of the NaTy of the United Statea
for the year one tfaoasand eiffhi hundred and
nine:" Whereupon, the firil of the aaid amend-
menti.tosliike out from .ibe word "assembled,*
ID the second line of the fint aeclion, to the word
"that," in the first line of the aixlh section, being
read as coniaioed in itie words following, te wit:

" That all wananla drawn by eilhei of tha SectcU-
IJM of the Treaaury, of War, and of the NiTy, apon
the Treaaorer of the United Slatea, ahall ipecify the
particular appropriation or appropriations, to which
the same should be chirgad: The moneys pud by vir-
tua of such warrant* aball, in conformi^ Iherewilh, be
charged to sach appropriation or appropriations, in the
booka kept in the office of the Comptroller of the
Traunry, in the case of warrants drawn by tha 8ee-
letarj of the Treaanry ) and, in the booka of th« Ac-
«oantants of the War or Navy Department, reapee-
tlvely, in the ease of namnta drawn by the Secretan
«f War, or by the Becrelaty of the Navy ; end the oS-
eeia, sgenta, or other persona, wbo may be receiTera of
public moneys, sbsl] render diatfnct iceonnt* of the
•pplication of meh moneya, according to the appro-
priation or appropriations under which Uie same snail
nave been drawn ; nor riiall any credit be allowed to
etlher of them except for expenses authorized by law,
and for the amount appropriated for the same : Pro-
mtUd, nmerlhtieM. That, during the receaa of Can-
gresa, the President of the United States may, and ha
ia hereby anlhoriird, on the application of the Secre-
tary of the proper Department, and not otherwise, di-
rect, if in his opinion necessary for the public service,
that a portion of the moneys ippropriited fbraparticn-
lar branch of expenditure in that Department, be ap-

eied to another branch of expenditure in the asme
epartment ; in wbicb case, > specjsl account of the
moneys thus transferred, and of their application, shall
be laid before Uongresa daring the first week of their

"Sic. 3. AitdUitJiirHtrenatUd,Tht)tAall be
the duty of the Comptioller of the Treaaury, id erery
case nhare in hia opinion Esrther delays wonld be in-
juhoua to the United States, and be ■■ hereby author-
ited, to direct the Auditor of the Treasury, and the
Aceountanta of tha War and Navy Departmenta, al
any time, forthwith to audit and settle any paiticolar
account which the said offieera may be reflectively
snthoriied to audit and aettle, and to report audi ■et'
tiement for his reriaion ind final deciaion. And the
aaid Comptroller shall also lay an sauna] alatrment
before Congress, of tbe accounts in either of the Treaa>
nry. War, or Nsvy Departments, which may ha*e re-
mained more than three yean nnaettled, M on whkh
balances appear to have been' doe mese then three
Tears, ti^ether with a atatemant of the canaea wbich
have prarented the aettlamcnt of tha aceoonla, or the
recovery of the balaneee, dna to tha United Btatee.

"Sac. 3. .^fujieif/urfto- enacted, That eiclnaively
of the Purrsyor of Public Snpdiea, PaymaBlata of tba
Armj, Pursers of the Navy, Military Agenta, and odkei
offlcera already authoriied by law, no oUier permanent
agents shall be sppointed either for the pnrpoae of
making canlracta, or for the purchase of etipplia in.
any other manner, or for the disbureement of mon^a
for the uae of the Mihut? Eatsblisbnent, or of the
Navy of the United Statea, but cuch as aball be ap-
poinled by the President of the United States, with
the advice and consent .of the Senate ; PrmkJed, Thti
the President nay, and he ia hereby luthurned, in the
recasa of the Senate, to appoint alt or any of auch
agenta, which appointmenta shall bo ccbmitled to the
Senate at the next session, for their adiiee and con-
a«nt ; and the President of the United Stales ia hereby
authoriied, until etberwise provided b; law, to fix the
number and compenea^ons of such agents : PraBided,
hototver. That their number shall not exceed ei^t in
the whole: And prmidtd, alto. That the compensa-
tion allowed to either shall not exceed one par centuM
on the public money* disbursed by him, nor in any in-
stance the compensatiaa sUowed by law to the Pur-
veyor of Public Supplies.

■< Sac. 4. And bt it farther eaaettd. That evtay
such agent aa may b* an>ointed by virtue of the next
preceding section, and every Purser of the Piavy shall
give bond, with one or more sufficient sureties, in nu^
sums as the President ol the United Slates may direct,
for the faithful discharge of the trust reposed in him,
sod the Psymssler of the Army, the Military Agents,
the Purveyor of Public Supplies, the Puraett of the
Navy, and the agenta appointed by virtue of the pre-
ceding section shall, whenever practicable, keep (he
public- moneys in their hands in some incorpoialed
bank* to be designated for that purpose by the Praa-
dent of ihe United States, and sball make manlhly re-
turns in such ferm as ma; be prcw:ribed by tba T^eaa-
.ury Department, of the moneys received and expended
during the preceding month, and of the unaipended
balance in their hinds.

" 8tc. 6. And bt it farther enaeted, T^t all pm-
chase* and contracts for supplies or services which ara
or Slay, aocotding to law, be made by, or under tba
direction of either the Seirelary ef the Treaauiy, tha
Secratary of War, or the Secretary of the Navy, shsU
be made either by open purchase, or by previoualy ad-
vertising for proposals respecting the same, and afaall
be previoualy antbariied or subaeqaently approved by
tba Presidant of the United Slates i And an annual
statement id all audi oontracta and tniiiliaasa.aiid ala»

.yGoogIc

HISTORY OF CONGRESS.

1654

MlRGH, If

DitbitnemenC of Public Moneyg.

H. OP R.

of tha eipendilun of ^e laaotjn Kppropnated fot tb*
cODtingant eipBDU* of the Military Establiibment, for
the contingent expen*c« of the Naiy of the United
States, and lot the diicbarge of miicellaneoUB claimt,
not othemrisB provided Ibr and paid a! the Treaaur;,
aball be lakl before Congrcu at the beginning of each
jear b; the Secretarj of the proper Departoient.

" 8ie. 8. And be itfitrtker enacttd.

The questioD was (aken that the Home do
agree to the said Gni atneDdmeni of the Senate
to the bill, and it paKwd in the negaiive— yeas 3,
Days 73, as follows :

Yua — Joaiah Maatara, Wilaon Car; Nicholas and
Joaiah Qnincy.

Niii — Evan Aleian^t, Willb Akton, jnn., Eis-
kial Bacon, David Bard, Joaeph Barker,' Burwelt Baa-
•ett, William W. Bibb, John Blake, junior, Thomaa
Blount. John Bajle, Robert Brown, William A. Bar-
well, Witliam Butter, Joaeph Calhoun. Matthew Clay,
Orchard Cook, John Ctilpeper, Richard Cutti, John
Dawion, Jowph Deaha, Jamea Elliot, John W. Eppea,
WiUiam FindJey, Jamea Fiak, FrancU' Gardner, Thoa.
Ghslann.JunioF, Peteraon GoodwjD, laaiah L. Green,
Juhn HeiaCer, William Helma, James Holland, David
Holmea, Benjamin Howard^ John G. Jackaon, Robert
Jenkins, Richard M. JoIinsDn. Walter Jones, John
Lambert, Matthew Lyon, Nathaniel Macon, Robert
Madon, William Milnor, John Monlgomerr, Nicholaa
R. Moore, Jeremiah Morrow, John Morrow, Garden 8.
Mnmfbrd, Tbomaa Newbold, Thomaa Newton, John
Randolph, John Rea of Pennajlvania, John lUiea of
Tenneaaee, Jacob Richarda, Matttaiaa Richarda, Sam-
uel Rikei, John Rnaaell, Ebeneier Seaver, Bamoel
Bhsw, Jamea Sloan, John Smiliei Jedediah K. Smith,
Samuel Smith, Hear; Boutbaid, Richard SUnford,
Clement Sterer, Jobit Taylor, Abram Trigg, Archi-
bald Van Horn, Daniel C. Ve^]Bnck, Jeaae Wharton,
Robert WhUahiU, Marmaduke WiUiaOiB, and Alexan-
der Wilson.

The second amendment of the Beoate lo the
bill, being to airlhe out in -Ibe ihirleealh line of
the aizlb seciioR, ihe words "one hundred and
Jt/ty," and insert, ia lieu thereof, the words "sev-
enty-five," was, on the question put theteapon,
agreed to by the Hunie.

The third amendment of the Senate, to atrike
oni in the iweoty-ihird and tweDly-fourth
of ibe Mid sixth secrioa of the bill! ih« words
following, to wit r " Fbr tluforlificationt ofporli
and harooTV, in addition to the sum* appropria-
ted JvrifuU purpose, one milium of diAuin," be-
ing twice read at ifie Clerk's tBble,'lhe gaestion
was lakeo that Ihe House do ^ree lo the said
amendment, and resolved in the affir
yeas 48, nays 30, as follows :

YiiB— Evan Aleisnder, Willis Alston, Jan., David
Bard, Joaeph Barker, Burwell Baasett, William W.
Bibb, Thomas BlounI, John Boyla, Robert Brown,
William A. Burwell, Witliam Butler, Joaeph Calhoun,
Matthew Clay, John Culpaper, Richard Calta, Joseph
Deaha, James Kak, Thomaa Gholaon, junior, Peterson
Goodwyn, laaiah L. Oreen, Joba Heister, Jamea Hol-
landi Richard H. Johnaon, Walter Jones, John Lam-
bert, Nathaniel Macen, Robert Marion, Wm. Milnor,
Nicholaa R. Moore, Jeremiah Morrow, John Morrow,
John Randolph, John Rea of Fennaylvtnia, Jacob
Rirbard*j Matthiaa Richarda, Ebenexar Seaver, Samnel

Shaw, Jedediah K. Smith, Samuel Smith, Richard
Stanford, John Taylor, Abram Trigg, Archibald Van
Horn, Jean Wharton, Robert Whitehill, Marmadoke
Williams, Alexander WUion, and Richard Winn.

-Eiekiel Bacon, J6hn Blalce, junior. Orchard
Cook, Joba Dawson, Daniel M. Durell, James Elliot.
John W. Eppes, William Findley, Francis Gardner,
William Helms, David Holmea, Benjamin Howard,
John Q. Jsekaan, Matthew Lyon, Joaiah Masiara,
William McCreerj, John Montgomery, Qurdon 8.
Mumford, Thomas Newbold, Thomaa Newton, Wilson
C. Nicholas, John Rea of Tenneaaee, Bamiiel Riker,
James Sloan, John Smilie, Henry Southard, Clement
Storer, Lawie B. Stargea, Jamea I. Van Alen, and
Daniel C. Varplanck.

The fourth amendment of the Senate, aSect-
iog Ibe title of ihe bill ao, as lo read, "An act
making appro prist ions for the support of the
Military EtUblishment, and of the Nary of the
Uaited States, for the year one thouEand eight
hundred aod nine," waa, oa ihe question put
~ ereupoD, disagreed to by the House.

DISBURSEMENT OF PUBLIC MONEYS.

The bill from the Senate further to ameod the

versl acts for the eslablishmeDl of the War and
Navy Deparime[\ts, having been read a first time,

Mr. W. Alstom moved that it be rejected.
The bill which ^ad been sent from this Housa
1 nearly thesame provisions as this, but
ire effectual. When the appropriations
for the ensuing year had beea under coasideraiion
before the Committee of Ways and Means, they
had unanimously agreed that it would be proper
to add to the bill regulaliODS to guard the eipeadi-
tuce of the public money. That great abuses had
grown out the misapplication of public money no
one would deny ; the facts stared every man in
the face. The practice had been, when money
had been appropriated for the War and Navy
Department!, instead of drawing it out of the
Treasury by warrants for each specific purpose, to
it oat by millions. The statement of the
tary of the Nftvy, in opposition to the bill
waot from this House, was not sufficieat
ground to induce the House to reverse its decis-
ion; and be was authorized to slate from the
Secretary of the Treasury Ibat the difficulties
stated agniusi the proposed plan did noi er"'
thai the forms for carrying i""" -"■--- ■■--
were already provided.

Mr< Love thought the motion of Mr. Alotok
at least an impolitic oae, as it might, if successful,
jeopardize Ibe passage of ibe appropriation bill,
to which provisions of nearly a similar nature
had been attached and sent to the Senate. There
were indeed some little differences, none he be-
lieved in any important principles, between ibe
bill which had passed this House and that sent
from the Senate. The few alterations he Ibougbt
absolutely necessary, and he was ^urpriiied to
hear Ihe genilemaD speak of the statement sent
from the Secretary of the Navy, and primed for
the use of the House, as erroneous, without anf
attempt to specify its defects. The genilemaii
had relied on the authority of the Secretary ot
the Treasury, and however he might concur in

} effect ibe bill

.yGoogIc

166S

HI8T0RT OF OONOREBB.

ISM

Fanign lAcuiuet.

Harcb, 180ft.

•n opinion, ■■ to the fiaancml tileoti of chat ^n-
tlemBD, he eoald not eoaseni that the Becretar]'
who had made the staiemeDt od thi< oceaxion,
had ditcovered less abiliip, or kaowledge of the
duties of hii office-
Mr. Newton suggeeted ihe propriety of per-
mitting the bill to lie OQ (he table lifl (he decision
of the Beoaie on the bill which wept from thii
HoiiM was known.

Mr. Tavloh hoped the bill would be rejected,
Now was the lime to make a ttand in Bupport of
the blU tent from thii Houm. The claBtea oo
the BMbjeet of the expcndilufe of public money
had been properly anoexed to the bjll, aod h« be-
lieved ibat they could be pasKd ; for the Beoaie
he helieTed would not take upon themMlres to
pneh the Houte from its ground ■• they bad in
the ease of the famou* nary bill during the prai-
«ni neeaioD. It had always appeared to him that
(his O07ernmeDt ought to have some ptDnaeie
whence the people and every menber of the
Houte ahould taiie a complete view of the whole
expenditure of the nation. The Secretary of the
Tieasury had that commanding view as lo ibe
receipts ; but he had not the same compleie aod
ample view ofihe moneys paid from (he Treasury.
Eight years ago it had been reported, tery un-
fairly perhaps as respected some individuals, who
were stated as debtors in rhe report of the Com-
mittee of lovestigttioa, (hat there bad been much
misappltcatioQ of the public money. Prom wba(
bad It arisen? For the warn of ihi
which had passed a few days bko in this Hi
without a disseadag voice. The bill a*
from this House was recurring to the good advice
given eight years aeo, that it was n
«aly (hat (hey should be ecooomici. _ .. ._.
peaditure of the public money, but that the ap-
propriations should be EpeeiQcally applied. It
was calculated lo prevent the agents of the de-
partments from luroing over immense sums of
the public money a( tne rate of(hree per cent.
per mooih. He wished to hare some department
to be amenable for all the expenditures of (he
Oovernmeat; and he would rather, in fact, lose
the appropriation bill (ban agree (o s(rihe out the
aections saot from ibis House.

The hill was then rejected, 51 to 36.

FOREIGN LICBNBBS.

The House took up fur consideration the bill
for disfranchising vessels of the (Jnited Stales,
navigating under foreign licenses.

The Srst section of the bill, which it will be
recollected, cbUs home all vessels which went out
previous to (he embargo, &.e,, had been struck
out the last time the bill was under consideration.

Mr. Jackson moved an amendment gubjectins
persons convicted of accepting, using, or conni-
ving at (be use of a foreign license to fine or im-
prisoament. This amendment was modified on
notion of Mr. Newtoh, so as to disqualify any
person so convicted from holding any office of
trust or profll under the United Slates.

Mr. Bdewell observed that he should consider
this more aa a paper law (han an efiectuai one;

but shoiild feel himself bound, by voting for the
bill, to enter his solemn protest ngainat to thame-
ful a practice. Mr. B. objected (o the principle
dfetpatriaiion as a punishment, doubting whether
Congress had n right to exercise it. As to pre-
venliDg vessels from sailing under British licensee,
he doubted the practicability of preventiag it.
There wete do doubl enough of those licenses in
the bands of her public or private agents; and

Sroof of (he fact could scarcely ever be ob(ained,
'om the privacy under which Chi>y were pro-
cured, and the discretion with which they would
be uied. He should, how«v*r, vow for Mich a
law as this, were it only to enter a record on (heir
journals against (he practice. He coneeircd, how-
ever, that before the next lession the Orders in
Council rendering such licenses neeeiMry to trade
woi)ld be better underttood, and the peo|de of tbe
Union more strongly united against iheoi-, and
special laws against particular case* under ihem
would be unnecessary.

Mr. J. Q. JjicxeoN Was not -disposed lightly to
commit the Honue oo the subject of expatriation ;
but Ibera was unquestionably a difference between
expatriation and disqualiScalion for ^ce. He
produced procadeol in support of the amendment
proposed. Mr. J. regretted that this practice
oouid not he prevented, from the Proteiu-lifee
character of mmub merchanii ; and deplored the
oecastity which would compel ibatD to pUre «
law for preventing this disgraoriul practice on the
itatate book. He betievBd that there w«b noi a
tingle member of the Heine who was not wi\tiiig
to punish those who violated the honor of the
country by accepting foreiga lioenees.

Mr. Lton said he could see no neeeanty for
such a law, because it would be impoaailAe to
carry it into effect; and because it was an ex pad
facto law; operating on peraooi now abrond, who

)nld have no knowledge of taehaiaw or of an

tention to paas it. It was legislating to no othn

irposc'thr- — -' '■■-■ "' — '-- -■ ■" —

legislate.

Mr. dniHov s „„ . . ^ -

poning the consideration of this tubjeei li.
Qeri session, when the evil would be belter un-
derstood and a remedy could be more easily pro-
vided. It wpuld be in (he power of any perton,
this bill to the contrary notwitbs landing, by a
ahort residence in tome foreign port to depnre
himself of the ohamcler of a citizen of the United
Statu and thereby evade'ihe law.

Mr. J. O. JacKBON observed that no bill whiclt
could be passed cbald cunatitaiionally have a,
retrospective effect i and, therefore, if we were to
wait (ill the evil had eslended, it would be t«o
late to provide a preventive.

Mr. BaooN was by no means oerlain that this
law would prevent the practice of nccepting foc-
-- — licensee lo trade; but ha ihould vote iai tbe
principally ha entering a protest agninal (be
right of any foreign nation to rqnlate or mahur-
rasi our trade.

Mr. Ltor spoke ataome length agaioat the tnU.

Mr. Fisx replied to Mr. LroH. He bad BOt
thought that there was aii Amerioanwho^ avow-

.yGooglc

1667

mSTOBT OP CONGRESS.

March, 1

fhreign Ltcentei—Ddawtre Canal.

H. OP R.

ioff bimselfto be mob, would eon seat that our
cilizeDa should disgrace themselveii br ibrs prac-
tice. It was necpssary to pasa this bill if it were
only (0 express the sentimenls of the Datioo od
the subject. If tio notice were to be taken of it,
there would appear to be an acquiescence in the
practice by the United Stales.

Mr. J. Q. JicKBon's motioo was carried 67 to 6.
The bill was then ordered to a third reading.

Friday, March 3. .

TheSfCASBH laid before the House a )erter
from the Secretary of the Treasury, trauBmititng
a. Matement of the balances which are charged
on the books of the Treaiiary for adtances made
prior to (he thirtieth day of June, one thousand
dffht handred and eight, prepared in pursuance,
of^a resolution of thie Mouse, of iha twentieth of
April last ; which were read, and- ordered to lie
CD the table.

The Committee of the Whole on the bill seol
from the Seoate, entitled "An act to authorize
the Marine Insurance Company of Alexaitdria to
•Iter their stf le aud firm, and to insure against loss
by fire," were discharged from the further con-
sideration of the aatd bill.

The House proceeded to consider the aneod-
roent praposed by the Senate to the bill, entitled
"An act coBeerDingiDFaiid pensioners:" Where-

Betoboei, Thai this Houbb doth agree to the
said Bmendment.

Tbe HoOGB proceeded to consider the bill
from the Senate, entitled "An act to authorize
the Marine Insurance Company of Alexandria (o
altar their G\vle and firm, and lo insure against
loe* by Sre:*' Whereupon, the question being
taken that tbe said bit) be now read the ibira
ttmit, iLpaaaedin the negative.

The order of the day, for the House to resolve
itself into a Committee of tbe Wbple on the bill
seat froia the Senate, entitled "An act to provide
for the incorporation of religious societies in the
District of Columbia," being called for, -a motion
was made by Mr. Neluoh that the said order of
the day be postponed indefinitely: And the ques
(ion being put thereupon, it waa resolved in the
affirmative.

A message from the Senate informed tbe House
ttiat the Senate have passed h bill, entitled "An
act proTidiog for the promulgation of certain
taws in tbe Territory of Micbisao ;" to which
they desire the concurrence of this House.

The House resumed the consideration of the
bill to authorize the makinga turnpike road from
Mason's Causeway to Alexandria.

Mr. OnoLSON'e motion lor indefinite postpone-
ment, was negatived — ayes 9.

Mr. Leww moved that it be referred to a Com-
mittee of the whole House; negsUved— ayen 5.
The bill was then passed— ayes 59, noes 12.
FOKEIQN UCBNSES.

An engroued bill to deprive, in certain cases,
Teasels of their American charaoler, and to pre-

, under certain disabilities, any citizen of the
United States taking a license from any foreign
Poffer to navigate the ocean, or to trade with
any other foreign and independent Power, wai
read the third time : Aikd, on tbe question, that
ame do pas?, it whs resolved in the affirma-
tive—yeas 73, nay* 16, as follows:

Ysu — Lraiuei J. Alston, WilUs Abton, jnn., Bia-
UbI Bacon, David Banl, JoiM[di Barker, William W.
Bibb, JohnBlaks,juu., TboniH Bloant, Adsim Boyd,
John Boyle, Robert Brown, Joseph C*Uioun> John
Culpa par, Richard Cutts.Josiah Dsana, Jouph Desha,
DsDiel M. Ourall, Joba W. Eppes, WiUiam Findley,
Jmmee Ftsk, Meihsck Franklin, James M. Garnett,
Thomu Qbolson, jr^ Ednin Gray, Isaisb L. Green,
John Helilcr, Williuu Helms, Jamea Holland, David
Holmei, Benjatnia Honsrd, Beuben Humphreys, -
Daniel llsley, Richard M. Johnson, Wiliinm Kirkpsl-
lick, John Lambert, Robert Marion, Josiah Maslora,
William McCteeij, IrAm Montgomery, Nicbalas R.
Moore, TbomBsMoora,John Morrow, Gordon 8. Mum-
ford, Roger Nelun, Thomas 'Ncvibold, Thomas New-
ton, Wfbon C. Niclwlas. John Porter, John Pngh,
John Bea of PeoDsylvmila, John Rhea of Tennessee,
Jsi^ Richarila, Ssmael Riker, Ebanezer Beaver, Den-
Smelt, John amilie, Jededisb K. Smith, John
Smith, Henry Soutbard, Richaid auatbtd, Clement
Storer, Peter Swart, John Thompson, Ahiam Trigg,
GeoTKe M. Tionp, James I. Vsu Alen, Daniel G.
Vsrptsnek, Jesse Wharton, Robert Whitahill, Issao
Wilbour, Mamsduke Willtsma, and Richard Winn.

Nai* — Epaphroditus Clumriion, Martin Chiltea-
den, John Davenport, Jan., Wiltiam Ely, Barent Gar-
denier, Fran cia GBri[ner,RobertJeQkina,Jot«ph Lewis,
junior, William Milnor, James Slosn, WiUiam Sted-
man, Lewis B. Btnrges, Benjamin Tallmadge, Jabex
Upham, Archibald Van Horn, and Killian K. Tan
Renssdaer.

DELAWARE CANAL.

The order of the day on the bill authorizing
the erant of a certain qnanii|y of public land, for
stock in the Delaware and Chesapeake Canal
Company, waa called for by Mr. Newton.

Mr. Eppbs oWrved that, at this late period of

e session, the House could not be prepared
._ consider a bill which not only involved a great
Kraot of property of the United States, bat a
Con stitnl tonal question. He therefore moved to
postpone it indefinitely.

Mr. Newton observed that the principle was
not new, and the Constitutional qaention, if any,
had been decided long ago ; for the United States
had taken stock in the Bank of the United States
and in other institutions. He wished the bill to
be taken up. .

Mr. Eppes confessed he waa astonished that
any gentleman should oppose the motioo which
he proposed. Did gentlemen suppose that the
properly of the nation was to be voted aw^y, and
that neither the Representatives nor the people
sbotUd understand the principle on which it was
voted t And .was the House to establish tbe

ErtneJple that Coitgress were to betsome land-job-
ers or speculators in public slock 1 He hatf no
doubt that the Delaware Canal was a proper uh-
ject In ibe puUie AttentioB y^mi if the Conthu-

.yGooglc

1658

HISTORY OF CONGRESS.

1560

H. Of R.

Military Aeadtmy^Army and Navy Appropriaiioiu, fe.

Mai

1,1809.

tfoo coutd be amended aod moQe)' could be appro-
primted Tor ibai object, he (aid, he should ai soon
Tole ji to the Delaware Caaal is to any other
object of the kind, but not for that object ain^lf.
When the subject was taken up, every question,
on ■ similar object, should be passed in reiiew.
He really hoped inal gentlemen would act, on
the pre*ent.oBcasion,insiitoD passing ■ bill which
had never yet been before a commitiee of this
Hgnse. He hoped that thi« would not be made
the first instance in which a bill of ibis import-
ance bad been passed at the last da^ of the ses-
■ion, and at the moment of the dissoluiion of
Co^resB.

A^. Starford wis opposed to the motion for
postponement. He was not in favor of this bill
as a local question, but frorn general principle.
When the gentleman said that tbis was a new
subject, let it be remembered that, in case of the
Cumberland road, this very priuciple was recoa-
nisedj it haviBs commeaced with the proceeds
of the public Fands, and this very session the
House had appropriated maney for nearly a sim-
ilar object, the canal of Carondelet. This was as
good a lime to commence the system of im-
piorement as soy other, ft was also connected
with internal defence. If war should follow our
present measures, this bill might and would con-
tribute essentially to the common good. The ob-
ject was not npw, for a similar bill had been
Defore theHouse one ortwo

bill which militated agai
the United States,

The bill was postponed indefinitely— ayes 4S,
noes 31.

MIUTART ACAOEMT.

Mr. Nelsok called for the tirder of the day, on
the bill making further provision for the corps of
engineers, (to remove the Military Academy to
the seat of Government.)

Mr. Mabterb moved to postpone the subject
indefinitely, and save his reasonf in favor of it,
viz: That West Point was a much more eligible
attuatioo ; that it would be expeosire to thu Uni-
ted Stales to remove the institution, and, after it
was removed, to provide buildings for its accom-
modation ; and that private property had been
embarked in the settlement at West Point, which
would be injured by the removal.

Mr. Lewis opposed the motion, urging in sup-
port of the bill the advantages which would arise
from this institution being at the seal of QoverA-
ment, Bod, being a national insliluiion, the pro-
priety of Its being under the immediate superin-
tendence of the head of the War Deparlmeoi.

Mr. LivERMoRE supported the motion, on ac-
count of the lateness of the session, and from a
belief tbat, if taken up, it would o«nsume the
whole of the session.

Mr. J. O. Jacesoii observed that there was do
bill before the House more important than this;
audit was a single question, on which every meol-
ber, probably, had made up his.mind.

Theqoesiion on indefinite postpOBement was
carried— aye* 49, noes 31. '

MARINE CORPS.

The House lesolved itself into a Commitiee of
the Whole on the bill sent from the Senate for
increasing the Marine Corps.

Mr. Macok moved to amend the bill by striking
out that part which authorizes the appoiaimeDt
of the Major ; for, he said, there was oo occasioa
for field omcers in this corps, as they would ncvet
go on board a ship.

Mr. Nelboh Opposed the motion, as he cudshI-
ered the appointment neeeasary for the organiza-
lioD of a Marine Corps, and as necessary loiDdoee
young men of spirit and enterprise to eattr the
corps — the prospectof promotion being an induce-
ment. Motion negatived.

An amendment was moved to make all fatove
eolislmenis for ibe term of fire years. Cariied.

The Committee rose and reported the bill as
amended.

Mr. Macon renewed his motion for itrikisig

Mr. Bdawbll supported the motion. He wish*
ed that the bill could have been rejected. He
was not one of those who believed if ihia natioa
neoi to war for maritime rights, that ii waa lobe
carried on by large frigates, but by siaall vesscla
and iodividuat enterprise ; and was, therefore, not
for increasing this corps.

Mr. MABTBHt) quoted » report from the Navy
Department, oo the subject of the Marine Corps.
It would be remarked that the Marine Cwps
were calculated to act as infantry when on shore,
and that an additional number 'were particularly
wanted for New Orleans, as well as for service
on board the gunboats.

Mr. Macon's motion was negatived — ayes 41,
noes 33. And the bill was ordered to a third
readiog-^ayes 43, aoei 29.

ARMY AND NAVT APPROPRIAnONS.

A message was received from tbe Senate in<
forming the House that they insisted on iheit
ameodmetits to the bill from this House, supple-
mentary to the acts for tbe establishment of tha
War and Navy Departments, and making appro-
priations for the support of tbe Military and Na-
val Eatablishments for the year ISOS. [Their
ameadment was to strike 'out the five sec ti ana
regulating the mode of expenditure and appro-
priation of the public moaey in the War and
Navy Departments.]

Tbe Question having been put, "Will this House
recede from its refusal to concur in the amend-
ments ?"

Mr. J. Q. Jackson remarked that this was an
important bill, and however he was in favor of
the part proposed by the Senate to be atricken
out,t)e hoped that tbe House would not defeat
the bill by adhering.

Mr. W. Alston hoped that the House vroaM
not recede. Painful as it would be, he would
rather see (he bill fall altogether. The mode io
which these provisions had been affixed to the
bill was not unusual { and he produced a prece-
dent io support of it. To the principle there
could be no objection.

.yGoogIc

1661

HISTORT OP CONGRESS.

1662

Mabch, 1809.

Army attd Nam/ Appnpriatiotu.

H. or R.

Mr. Qholboh uid, be Ihoughl it wu too late
ID the seiuioD to commeDce a new coatroveray
witb the Seoate; aod is il was agreed, on all
haodi, ihal pan of ibe bill was ceTtainly neces-
fary, and the other part mijitat be posipoDeJ wiih>
OPiiujury [oihe Stale, be wai id favor of reeeuion.

Mr. MicoH said thst, od this subjeei, there
eoald be but one question, Were the Hectioni
which ibe Senate had iirickea ont, proper to be
passed iitto a law, or were ihey not 7 That wai
the only quesiion to be decided. He hoped the
House would not sacriGce tbe principle to«ccom-
modaiioD.

Mr. Smilis hoped the House would not give
way ; they were uaw.sirugclios for the protec-
tion of the public money. He Hid be would ad-

chose to account to the peoplefor the coasequen-
ces of ibe failure o( the bill, let ibeni do lO. '

The question was then taken' on receding, by
yeas and nays, and, decided in the negaiive — yeas
37. nays 55, as follows:

Yiu— Eukiel Bscon, John Blaks.ji., Adsm Boyd,
Epaphiodilus Ohampion, Martin Chittenden, Richard
Cntt*, Thomas Gholson, jr., DaTJd Holmn, Baubeti
Humphreys, John O. Jackson, Kobert Jsiikins. James
KsJIy, Joseph Lathis, jr., Edward St. Loe LiTermore,
John Love, JoHiah Muters, William MECrcBrr, Wil-
liam Milnor, Jonathan O. Mosnly, Gurdoa S. Mumfbrd,
Boger Nelson, Thomas Newbold, Thomas Newton,
Wilson C. Nicholas, Josiah Quiucj, Samuel Shaw. Jed.
ediah K. Smith, John Smith, Henry Southsrd, Clem-
ent Storer, Benj. Tsllmadge, John Thampaon, Jamu
I. Van Alcn. Philip Van Cortlandt, Isaac Wilbour,
Alexander Wilson, and Nathan Wilson.

Nils — Lemuel J. Alston, Willis Alaton, jr„ Joaeph
Barker, Bumell Bassett, William W.' Bibb, Thomas
Blount, John Boyle, Robert Brown, Wmiam A. Bar-
well, John Dawson, Joseph Desha, William Ely, John
W. Bppes, Wiiljam Findley, James Fisk. Barent Gar-
denier, Pmncis Otrdner, Peterson Goodwjn, Edwin
Gray, Isaiah L. Oreen, John Harris. John Heister,
James Holland, Benjamin Howard, Richard M. John-
son, Waller Jones, John Lambert, Matthsw Lyon,
Nstbaniel Macon, Robert Marion, John Montgomai;,
Miotiolea R. Moere, Thomas Moore, Jeremiah Monow,
John Portar, John Sea of IPennsylTsnia, John Itbea of
Taoneuee, J aeoh Biehanls, Mattliiaa Riebania, Samuel
Biker, John Rowan, John RoassU, Ebeneiar Seavar,
John Bmilie, Samuel Smith, Richard Stanford, John
Taylor, Abrsia Trigg, Oeorge M. Tronp, ArehibsJd
Van Horn, Killiao K. Van Rensselaer, Daniel C. Ver-
planck, Jesse Wharton, Robert Whitahill, and Manna-
doke Willi UDS. ,

It was then moTed, by Mr. W. Ai.aTDH, that
the House iwtsl on the bill as it now stands. —
Carried, 55 10 IB.

It was then moved to appoint conferees, to coc
fer with such gentlemen as may be appointed by

8lliLiE,wereappoiBledoQ the part of the House.
On motion of Mr. N, R. Moobb, the usual res
lulion was adopted, directing the Clerk of the
House to adreriiae aod contract for printing, sla-
ti(»oery, &c., fbrilio oexi Congraw.

. MAMNB CORPS.

Tbe bill sent from the Senate, emitted "An
act authorizing an augmentation of the Marine
Corps." together with tbe smendmetit agreed to
this day, was read the third time. And, on the
question that the same do pass, it was resolTed in
the affirmatire — yeas 54, nays 28, as follows :

Tiis— Bzekiel Bacon, David Bard, Joseph Barker,
Burwell Bassett, Adam Boyd, Martin Chillcnden, Rich-
srd Cutts. John Diwaon, William Ely, John W. Eppes,
William Finillej. Francis Gardner, Isaiah L. Green,
John Harris, David Holmes, Daniel Ilsley, Robert Jen-
kins, Jam ei Kelly, John Lambert, Joseph Lewis, jr.,
Edward St. Loe LiTerm ore, John Love, Matthew Lyon,
Robert Marion, Joaisb Masters, William McCreery,
William Milnor, John Montgomery, Nicholas R. Moon,
Jemmiofa Morrow, John Morrow, Jonathan O. Hosely,
Gurdon S. Mumford, Roger Nelson, Thomas Newbold,
Thomas NewtOD, Wilson C Niehtjas; Jonah Qniocy,
John Rowan, John Russell, Samuel Bbaw, Jedediah K.
Smith, John Smith, Heory Southard, Clement Storer,
Lewis B. Storgea, Benjamin Talhnadge, John Taylor,
John Thompson, James I. Van Alen, Nicholas Van
Dyke, Aratubsld Van Horn, Nstban Wilson, and
Richard Winn.

Hah— Willis AUton,jr., William W. Bibb, Tho-
mas Blount, Robert Brown, WilliaiD .4. Bnrwell, Wil-
liam Butler, Joseph Cilhoun, Matthew Cl^, Daniel
M. Durell, Thomu Gholson, jr., Peterson doodwyn,
Edwin Gray, John Heuter, James Holland, Walter
Jones, John Porter, John Rea of Pennsylvsnia, John
RbeaofTennessee, Jacob Richards, Matthias Richards,
Samnel Riher, John Smilie, Samuel Smith, Bicbard
Stanford', Abram Trigg, Jesse Wharton, Robert White-
hiU, and Marmsduke Williams.

The House reeolved itself into a Committee of
the Whole, on the bill for the relief of William
Hastings; and, after some time spent thereto, the
bill was reported with an amendment thereto,
whicb was (wipe read, and agreed to by tbe House.

Ordered, Tbat the said bill, with the amend-
ment, be engrossed, and read the third time this
day.

The House adjourned until five o'clock, P. M.

o'ctocik.

Ao engrossed bill for the relief of William Hast-
ings was read the third time, and passed.

A message from the Senate informed ibeHousa
that the Senate »gree to ifye conference desired by
tbis House, on the subjeci-mailer of the amend-
ments depending between the two Houses to the
bill, entitled "An act further to ameod Ibe ser-
eral acts for the establishment and regulation of
the Treasury, War, and Navy Departments, and
making appropriations for the support of tbe Mil-
ilary Establishment, and of tbe Navy of the Uni-
ted Slates, for the year 1809 ;" and have appointed
managers at (he said conference, on their part.

On motion of Mr. Lewis, the House resolved
itself into a.Commiileeof the Whole— 44 to 35—
on the bill from tbe Seoale to ameod the charter
of Georgetown, The Commiilee rose, without
coming to a decision, and were refused leave to

Mr. Jackbok moved to reconsider the vote of

.yGoogIc

IMS

mSTOBT OP CONGBBSa

1564

H.0

ieeaamU ^ Otneird WtikimtM.

H*Kca, 16081

tb)8 Houw this mwnivg.TefuiDf \ third readins
to the bill to alter the smfU and title of itieMarioe
iDiufance Company of AUxaodria.—Negwivei],
Mlo87. •* '

Mr. Lewis makiof aootber motion to take up
the bill for amending tbe charter of Gaorffeiown,

Mr. J. O. Jackbon mored to poitpoot it indef'
initely.— Motion lost, 56 to 30.

Mr. Lewis's molioa was then carried, and the
bill ordered to a third reading— 55 to 16. It was
afierwards read a third time, and pHsied.

Setolvtd, That the Committee of Accooiits be
authorized to settle and adjiuii tbe accouits of
Tbomai Claston, junior, and James Claittw, for
tbair lerviced during the picbent lesiion, and
allow tbem i «iim out of the oontingeot fund of
tbi* Hoiua, aot mceedinf one handred dcjUrs
■aahk

Btfolwd, Tbu tfae Olerk of this Hoo«e ii
hereby Mtborized aod directed to pay out of the
eontinceot fnod, to Eleilus Spalding, John Phi-
lips Richard Stewart, John fi. Boarmin, and
Oeorfe Cooper, each fifty dollars, for estra aer-
viees performed during the prraent seision.

The bill sent from the Senate, enliiled "An
let proTidiflfF for the pronulntion of certain
Uw» io the Territory of Michigan," was read
twtc& and the briber eonsideration thereof poal-
ponetl indeSnitely.

A message from the Senate infortned the Houia
that the Senate have disagreed to the amaodment

Sropoied by this House to tbe bijl sent from the
eoale, entitled "An act supplementary to the
Bet, entitled 'An act to amend the cbaiter of
Georgetown."

The order of the day, for the Hoose to reeolvc
itself into a Committee of the Whole on the bill
.sent from the Senate, entitled "An act snpplt-
mentaty to the act, entitled 'An act for the better
GoTernraent of Che Navy of the [Jniled States,"
being called for, a motion was made by Mr. Jobh
Q. Jackson that the said order of the day be
postpoaed indefinitely, and resolyed in tbe af-
firmative.

The HooM proe««ded to ooosidn thstr amend-
ment disagreed to by the Senate to the bill from
the Sentte, entitled ''An act supplementary to the
■ct, entitled "An act to amend the charter of
Oeonetown :" Whereupon, a motioD was made
by Mr. Lewis, that the Honse do recede from
tbeir said amendnnent; and the same being re-
ceived, and nnder debate, a motion wss maiK by
Mr. Willis Alstoh, that tbe further conKidera-
tion of the said bill and amendment be postponed
indefinitely r and the qneitton being taken there-
upon, it passed in the negatire. And on the
question that (he House tlo agree to the motion
made by Mr. Lewis, as hereinbefore recited, it
was resolved in the affirmative.

On motion of Mr. Willis AlsToit,

Ordered, That the bill, entitled "An act con-
cerning associations for the security of nsTiga-
lion ;" also, the bill protiding an additional mili-
lary force, which originated in this House, and
are now depending and undecided upon, do lie
00 the table.

ACtX>UNTB OF OENERAL WJLKQTBOIf.

Mr. Rahdolph said it would be reec^ecied bf
Ike Home that a committee was appointed some
time Bfo, for the purpose of indairinff whetbw
an^ adnneet of money had been made by tbe
W ar I>epartraent contrary to low, and, if any, to
what amount; it weald also be recollected iha^
during the discussion on printing the doenmenls,
he had slated in his place, tknl, if no other geti-
ileman did, he woald bring forward a motion im
relation to that subject. Conceiving ii to be his
duty so to do, he now rose for the purpoie of re-
deemiiig tbe pledge which he bad given to tha
Honse. He had been extremely retociaot to bring
forward a motion on this aubjeoi, beeanse he knew
it might be said, and truly, that there was no tim«
for the House to ezanine tbe dooumenta during
the present teeeian. He wis w«ll aware of that
ohjeetion, and, therefore, should not go into that
examination, but should restrict bis ntotion to so
limited an eiteei, that it would be impooible fen-
any man, as be believed, to .deny its troth; it
would be impossible for any man to complain
that any difficulty axiated as to a ready eo<npre>
benaioa and prooapc decision upon it; it was re-
stricted only toa«iogle«as& If tbe Hoiwe adapt-
ed Che motton, it would then be far tbem to de-
clare what should grow oat of it. Mr. R. said be
believed that it was understood in Great Britain
that a disstrfotion oj Parliament did not affiwt
an Impeach ment— that the impeachment did not
abate by the dissolution; and it beloneed to tbe
wisdom of the Honse, after the resouiuoa was
decided, to say what should be done with it. He
wished It to be distinctly understood that be mads
his motion to redeem a pledge given to the House;
and that there was not a man in the United Scales,
however limited his capacity, that would not ba
able to discern its truth or falsehood. It did not
rest upon involved accounts, or points of law, bM
upon the plaiueat and dhkc luminous pcopositions
which could he offered to the hanMO mind, the
truth orfalseboed of which wonldat once «i^est.

On tbe 16ih of Mareh, 1803, an aot paMod, fix-
ing the Military Peace BscaUiahmeot of llie Uni-
ted States, By AatM9titwaapTaridM],*iha(ih«
ihly pB]F of th« o0icef\ •

(o wii: w the beiga^F genenl, two bnndmi
and twenty-five doHara, wbiab shall be bl* fidi
and entire compeBMtiOB, wlibaat a rigbt to de-
mand or receive eay rations, forage, itsveUii^
expenses, or other peirjuisite orvmolument wfasi-
koever, except such stationery as may be reqai-
aile for the use of his depannaent." 'This h the
law of the land, aaid he, in relation to this officer.
The law then goes on to state wbatsfasli be the
pay of other officers, uon-commitaiMied officers,
and privates; the fifth section apportiooa th« ra-
tions to tbe difierent grades of offiecra,an4 allows
''to the eommaadiogoffieeisof each separate post,
such additional number of rations aa the Prw-
dent of the United States shall, from cine to
lime, direct, having respect to t4e spesial cir-
entDstaaees of eacn post," I beg the Hcasa to
attend that ths woeAb are, " suoh additional onm-

.yGooglc

I 1666

mSTORT or eONGKESS.

16«(

Hahcb, II

AeeowU of General WHkimtn.

H.or IL

ber of raiJODs;" and yet it i) id proof before lh«
House, that Brigadier Qeoeral Wtlbinron hta
received b coDsiderable ram of money, to wit;
91,433 16, for thirty-Kix extra Taiioni per day,
whilst commandinf at Natc)iiloch«B and at NAv
Orleans. WljiUt at the latter place, he has also
received an allawnnce of 8600 for "qoartera,
bliiig," dtc., said allowance, both as reMtes t(
tioDs and quarters, beiog profaibiled hy the law of
the land. I know thai the allowancB has been
made onder very high anitMirity, no Iggs thaa tbat
of ttM Aitorney GeDcral of the United Stales —
Budei: the sanction of 00 less an opiniod tbas bis.
Mr. R. said ii did Dot behoove him Id enter iota
a contest with genllemen learaed iti the law, a«
to the exposition ol the law, tanoh Im vith th«
Attorney Oenvral. in a case susceptible of being
to pni that a difference of opioioa might arise
noder it. But where the ease waa sacb, tbai a
difierence of opiaion oonld not take place if the
lermaoTthe law were altended to, besaould, witb
great defereiicc as a represeniaiive of the people,
not only lUak himself enlitled to decide between
that people and the AdmiaistTation Ibr them, bnl
that be was solemely bound by daty to express
such ao opinion. And he felt himself warranted
ID what be said, by perceiriDg thai the Aiiorney
Qeneral, in ffitiag tbat opinicQ, had not eotrectlv
sppreiieiide£ because he had not correctly slated,
the law. It has been said that Homer himself
sometimes nbdded; and a person even of irst
abilitie* and le^l research, pressed byamultiluda
of buainesB, might make an ovarsight — iRasmnch
as, in the Attorney Qeneral's opioien, the word
"additional^' preceding the word "rations" in
the law, was omitted. The Attorney General
acknowledged the fsrce of the fourth section of
thelaw.cuttiaff 9ff the Commander-in-Chief fron
aay other emolamenta; but said, "To put a just
' intMpcetatioB m any clause eontaii>ed in a »ta-
' tnte, you most look beyoad the instilated section.
' The entire act mmt be uken Into Tiew, and such
' a eonstrociion formed at will give efiectto every
' part." Mr. R. furtber qooted the printed docn-
meal— "The alio wanca made to General Wilkio-
' SOD, is not ID his capacity of brigadier general,
' bnt in his qtMlity of commander of a separate
' post. By the fifth, section of the act above-men-
' iloDcd, ihe Prcaidem is authorized to allow the
' ooinmaader* of separate pmis each add^ional
* D«mber of rationt as he may, from I Ime to time,
< tbink proper to direct, having respeerto the sp«-
' ciat ' eircnmstaaces of each poal." Nov sotvly
the force of this term "iH{cIi/wmai"'mutt have
been overiooked by the Attorney Oenerml in tbia
pBTticoltr case. To a tuan to whom rations are
allowed hy law. you may allow additional rations;
bat can yov allow addiiiooal rations to a raai)
who ia expressly prohibKed from recaiving any 1
Can you allow additional anything to a man
wbosB compeneation it Gied by law, and who is
precluded, ia' the act itself, front receiving any
farther compensation 1 To inferior officers eom-
manding at separate poets, additional rations were
by the law contemplated to be allowed, and for a
reason explained ia the act itseif 1 but it woald ba

recollected thai the Commander-in-Chief always
had a separate eommaod. The law contemplaiett
that, by hering a separate command, (incidental '
things as to infrrior officers, bnt inseparable as
to the Commander-iD-Chief,] they might be com-
pelled lo entertain company, and go into expenses
which their pay would not warrsnt; and, there-
fore, in such cases, additional rations had been
allowed. If my construction of the law be not
correct, said he, words have lost their meaning,
terms have no longer any signification, and wa
legislate to no purpose whatever. And the force
of this thing will be made more, apparent when
we come to consider, that it ia staled by the Ac-
conntant of the War Department that Colonels
Gushing artd Freeman received "oddilwmii ra-
tions," agreeably to law, for commanding at New
Orleans and Natchitoches, for the same period of
time for which an allowance was ma^ to tha
Commander-iD-Chieratthe tame places. So that,
If his construction was incorrect, if vkita

cooveved the idea of black, ifright was

if "add

tdaUmal" signified tubtractionat, still tha

tignifi
taw had been completely

pcuied,

^

ad hoc, tha

moraeai Ihe President had authorized addition-
al rations to Colonels Oushing and Freeman, for
commanding at New Orleans ai»d Natchitoches.
These' were things which be thought it his dutv
to state to the House. If they were oot true, if
tbey were not as evident as the lights burning
before his eyes, .then the House would say so —
wonld deny the iact. I could go on further, sail
hej and state a great many other illegal grant*
equally clear with this. 1 will ctate one more.
It is to be foand in these documents. To be sure
it is a petty afibir, and one which I wonld not
hare brought before this House if I were not ii

pelled by a sense of duty. It is aa allowance of
947 41 for pari pay, subsistence, and forage, from
the leth of March, 1803, to the 31st of May, fbl-

lowiDB. Made bowl "By an arrangement of
the War Department." Now, on Ihe 16th of
March, a law was passed^ which took efi^t as a
law of the land from the time the President sisned
it] and if the President could hare defeatea the
operation of the law till the 31st of May, 1808, h«
could defeat it altogether. It ie tha boaai of a
free government, that law, and not the discreticm
of men, i* to govern ; end the highest officer of
this Oovernmcnt is as strictly amenable to laW
as tha meanest member of society, in the eye of
thelaw,and,tn_/braconaetenJue, moresojbeoaiMa
they mstt be prcsamed to know the law, althoagh
the lower orders may aoi. if there b« oae propo>
sItioD in the world clearer than «oother, it it tb«
proporitioD which I am aboai to sul^mit to tka
coAsiderHlion of ibe House. I kaow the latcneae

miBfortnoe, b«l o,. _,

to labor under the eensare of the Hoase ; but if I
ibe discharge of my duty, i shall beat
it with equanimity— I trnst, aa beoomee a man. I
therefore move as follows :

Eaohed, That the aUowaaee of one thausand ftnr
huMlrad Birf thlrty-thNe doUaia a»d sixten oeata, ftr

.yGoogIc

1667

raSTORT OF CONGEESS.

AceotMit of Oeneral Wflkintim.

MkHCB, 18091

••lUitj-aix •iti» ntiMiB par d«7," imde b; tlia D*-
nutmant of Wu to Brigadiai Oensrel WilkJnton, at
NBlchitochH, bom the 13th to the SOth of Saptember,
1806, *aa from Iha lit of October to the 1 lib of No-
vemtnt in the aame 70*1. anil whilat commiading it
Hew Orleena, froio 13th NoTcmbcr, IBOfl, to 34th No-
Tembei, 1807; and of aii hundred dotlan for "quu-
ten, atAblei," &c., at the aune plica, ia contrary to
Ilir, the aaid allowance being cipreulj prohibited bj
the act paiaed the IHth dij of March, 1803, entitled
"An Act filing the MUitMT Peace EiUbtiahmsnt of the
United Statea."

Tbe House agreed now to coasider tbe resolu-
lioo— 54 to 43.

Mr. Rahdoi^h Mid U would be recollected that
he had aaid the Aitorney Oeuerat had miiappre-
iended, becf uie be had miiaialed, ibe law on the
•object or ibe Militarf Peace Eiiablishnienti aod

Jet, wben he came to read bis opinion ai printed,
e fouad lo hia rery great turpriae and einbaraaa-,
meal, that the law wai correctly quoted. He
would state bow it hapjieoed. lo tbe leoib page
«f tbe printed report^ nflh paragraph and fourlb
lioe, tbe word "addilionBl," preceding the worda
"number of rations," will be fuund, but ought not
to be, becauu ii i« aol ia the Attornev Qeneral's
official report. It was omitted, and Mr. R. aaid
be wished 10 state how it got in. When Ibe copy
oT the Attorney Qeneral's opinion bad bren put
iolo hit bands, he had perceived the difference
between the opinion and tbe law ai it now stood,
Bod with hia pen had marked the omlaiiion as
yuide to bimseir, and the printer bad inserted
tn the printed copy ; and thus, Mr. R. said, wbi
be read the printed report to [he House, he w
aatoniahed thai it did not tally witi) hit conoep-
tioD. This being a palpable error, every genile-
mao who bad the report, and those who tiublinbed
it, ought to omit tbe word "additional." This
woula show to Ibe House, he hoped, that it wai
aot very unreasonable in him to differ ou ibii
occaaion wiih ■.geDilemaD of the. Attorney GeO'
«ral's erudition, as he. had ao far mis understood
the law.

Mr. J. O. Jaoksor mored that tbe resolaiion
lie on ihe table. He aaid it would be uoneceanry
for him tp Mate, that at thi* late period of Ihe ae
MOO it would be impotsiUe to gire to the resoli
tioB that eonsiderailDi) lo which ii was entitled.
As it wa* announced by the mover of the resolu-
tion, said he, and aa I find by the printed stai
menliOfwbieh I was really never possessed before
this eveoinff, the Attorbey Oeneral has give
hisofficialcBpacity, anoprnionihat ibeaflovrance
wasjuai and proper; and that in putauanc
aueb opinion the amount charged was allowed.
What IE the House about to dof What are ihey
asked to doT Even admiiting that there was no
difficulty OD the subject, thai a person of the high
reaponsibiliiy of the Attorney Oeneral bad not

S'veo an opinion, .they are called upon to decide
at the eonstruetion given by oae of the deparl-
nieoia to their law is an incorrect one. To make
BDch a declaration would be an encroaehment on
tbe other parte of the Qoveroment. It would be
Ihe eaaeuce of despotiam 10 eaaet law*, and after

(bey have been eonstraed by the proper tribunal^
to say that that eonstruetion is erroneous. 1 ia-
! to the opinion that the decision baa been
rrect, but deny the auiborily of (his House
icr reverse tbe decision. ItisafuDdameiital prio-
iple of free governmenls that tbe powers of the
-iveral Departments shall be separate and distincL
The Legislature enacts 1 the Judiciary esponuds;
but it would be as improper fur ui to expound aa
for the judges to enact laws. We have wiloeased
already theimpropriety of legislative exposition of
laws. It ia almost six years aioee I brought be-
fore iha House the queation respecting ihe eon-
atruclion of a cdntraet — though 1 did not wiib 10
have iavoived that queiiioo— between the Uniied
Stales and th^ Slate of Ohio, ia relation 10 landa
ol the United States exempt from taxation itj
that Slate. Tbe contract declared that five per
cent, of tbe net proceeds iriaing from the salea
of land* ahould be applied to roads. The Legis-
lature of Ohio, iff accepting the proposition, iii>
aeried a provision that three per cent, should be
applied, under the direction of the Lecialaiore,
in opening roads in the Stale. Tbe Hooae of
Repreaentatives, when Ihe bill waa before ihem
contemplating ibe appropriation of five per cent.,
solemnly declared that only two per cent, wat
applicable. Tbe Legialature of Ohio unauiiaaua-
ly declared that five per cent, was proper ; and
Mr. Brechenridge, then Senator from the Siaie
of Eeaiucky, afterwards Attorney General of the
United Slates, (Iqaote him as high aaihoriiy,)
waa ol opinion that the decisioo of thi* House
was incorrect. What does ibis amount to 9 That
it is extremely dangerous for the Legislature of a
country to give an exposition of its own law*.
W>lh regard to Ihe word ''additional," I should
rather presume that the Attorney Qeoeral in bii
original opinion, must have ioMried it; for on
recurring lo ibe letter of tbe Secretary of War,
we find that he aavs, in the 5ih aeetion, dbc, the
Pmident is authorized (o allow tbe commandiag
officer* afposta such additional number of raiioaa
aa be shall deem proper. Mr. J. aaid be could
not perceive that any good could dow from tbe
adoption of this proposition at this or tmj other
lime. Ifii wa* intended to effect anything by
legislative coaatrnciioa of the law, it would be
ineffieaeieut, because it could onlv be dooc by
prospective construction. ImpeBcbment of tbe
Secretary of War could not be intended, because
he acted correctly from Ibe opinion of the Attor-
ney Oeneral ; nor of tbe Atioroey General, be~
cause, if wrong, he had not to acted cnmtptly,
but from a mere error of opinion. For these rea-
sons, and believing it impossible to acton the aab-
jeet with that deliberaiioa which it required, Mr.
J. wiahed the resolution 10 lie on ibe taUe.

Mr. Randolph said the House would «ct on
the rfuoloiiun as io its judgment and wiadom it
■hould think fit, aod at a aeote of duty and re-
spect to it* character and the intereeisof ibepob-
lic should dictate. He had discharged hiiduiy.
But before I sit down, aaid he, permit me to ob-
xerve, that to presume the existence of a word, in
the official letter which the Hooae hare proof)

.yGoogIc

166»

mSTORT OF OONORESS.

1670

March, 1

Aceourttt of General Wilkinnon.

H. orR.

thelelier being before, them, nerer was in the let-
Mr, is oDe of the hi^liest sirelches of prefQioptioTi
tbait maa ever aitamed. 1 know thai ibe word
was Dot ia the letter. I pledee my repatalion on
Ibe fad; and I ihinb that Ihe repuiaiioo of ibe
Alloraey General as alawyer is suslained by the
words being omiiied \a Ihe letter. 1 have seen
the letter on file; there is do such word in the
letter.

On what ground, sir, did I rest this moiionl
Oo the groand of orersi^ht in the AKornev Gen-
eral id giviog the opinion, iDismucb as [Dis im-
portant word " additional" is omitted in that opin-
ion. But, if yog put that word in the opinion, do
you not see that, instead of iaTolvins ofersigbt,
you InToUe deliberate perversion oflawT Do
gentlemen call ihemselrei friends of the genile-
man^ and contend that ibis word diast have been
inserted? We have heard of tbe people being
their own worst eaemies ; it very oficn happens
tbal a man's friends are his wont enemies. The
omission of this word "addiiional" might — I
charge no improper motives — have proeeeiled
from hurry of business ; we are ati liable to over-
sigbis. But it is said that we cannot consirae
our owQ laws, except by enacting new ones.
Then, sir I bope we shall not enact new laws, if,
wbei» broken through, our remedy is to re-enaci
them. This is indeed a grand discovery. Can
you expect the new law (o he adhered id, when
the old one is with impunity to be departed from t
Unquestionably you cannot. The law, it seems,
must be construed by the proper, tribuDBt — and
which is ibe proper tribunal to try anythitig
touching the malversion of public money, but
this Housel Can you bring it before a judicial
tribunal'? You cannot. Well, sir, suppose, when
Mr. Wbiibread brought forward bis-moiion in
the House of Commons that certain uses and
abuses of public money were contrary le law, he
bad been met at the threshold by such an objec-
tion t We should have heard, and correctly toi^
of corruption and mioisterial intrigue. Mr. Pitt
was then in office, and Mr. Melville his bosom
friend, his coadjutor in public life ; but he had
100 high a repntai- - ■■ - ^ .-

1 for bis

1 fametifor bis

I reputation, for that gluTV which was the
Brsi, the last and only objeei oF bis life, to make
such objectioD. I have stated the circumsiancei
under which the balance is due. Tb^ niaiter is
important 10 Ihe people — into whose bosom weare
about to return, to account for our stewardship —
who are not to be put off on questions of mooey,
by questions of order and opinioDi of higbauthor-
iiv — who, over matters of money, will cavilto the
ninth part of a hair. If genilemeu think this
courae will suit them, if they wish toaitacb what
I call this foul Slain to the Administration, ihev
shall hare my aid in doing it. On them wilt
test the responsibility. Having done my duty I
shall submit, as bebooveime to submit. Ido not
appear here as a partisan 1 appear here in tbe
legal and Conslilutional exerctse of my Repre-
sentative daiiea. 1 have exercised my dui^ ; the
House will do theiis, ici the manner which to
their wisdom shall seem fit.

10th Co.v. 2d Skss.— 50

Mr. Holland said that it was with a wish to
preserve the honor and dignity of this House
that he rose to make a few remarks. He thought
that both would be compromiited by tbe adop-
tion of the resolution u Oder eonsideraiion. A
comtiritiee had been appointed to examine into
this subject, and the geotlemsu from Virginia
was tbe chairman. It would seem proper that
ihat committee should have made a specific re-
port on tbe subject. Wherefore had they not
done it, and why was this motibn brought for-
ward at eight or nine o'clock on tbe last night of
the session, and of ihe existence of the present
Congress 1 Was it for the purpose of forcing the
House into a vote of this kind wiihoot eonsidera-
iion'? If that committee had done their duty,
ibev would certaialy have favored the House
with a detailed report. The committee had not
tbougbi proper to do so, and, therefore, tbe gen-
tleman from Virginia had presented this resolu-
tion. Mr. H. said, that no-person could be pre-
pared to decide on the propriety or impropriety
of the opinion Df the Aitotney General. For
what purpose, said he, can this resolution be
brought forward T Suppose this House were lo
resolve that the opinion of the Attorney General
was incorrect, what good purpose would it an-
swer? Would it bring back into the Treasury
ihe monty improperly applied 7 No. Is it con-
sistent with the dignity of the House to pass an
opinion on the subject? It is the dut^ of this
Honse to make laws, and of another tribunal to
decide on the laws when made ; and if an incor->
reel decision be made, the person making it ia
liable to be impeached, and this Honse is the or-

Kn for tbai purpose. Why was not the matter
JUf>ht forwstd properly? The Attorney Gen-
eral IS an officer consiitntionally appointed ta
^ive his opinion touching any matter of doubt
in the Departments of tbe Government. But
have we that right? No ; our province is to make
laws, and if our officers violate theni, they may
be impeached in a proper manner. The eenile-
man from Virginia says, that be has discnarged
his daiy. I very moch doubt it, sir. He Baa
done more than his duty ; he has brought for-
ward a proposition when it is impossible to deli-
berate on it. He has done what cannot be san-
ported. 1 hope the resolution will lie oo the tabfe.
Mr. Nelson said as to himself he cared not
whether the resolution was ordered to lie oo the
table, or whether a question was immedialelf
taken on it.- He was ready for either question.
One reason, however, why he should vote for it
to lie on the table, was, tbal it was very late iii
the session, that the House was exceedingly
fatigued, that a great number of members who
would probably throw considerable light on this
subjeoi were now absent from ihe House ; and
were he now to vote for its lying on the table it
would be from thai consideration. He did not
agree with any gentleman who supposed tha't tbia
resolution hadlwen brought forward from im-
proper motives. He bad oo hesitation in declar-
ing bisscntimeoisexplicitly on that bead. Sorry .
as he was to differ with the geDtleman from Vir-

.yGooglc

1671

HiSTOBY OF OONaEHSS.

157S

Acaamtt of Central WUkiiMm.

MucB, leos.

lequeocei, ttiai
It ■ precede!)

lutioD aim I It is a bare and oaVed resoluiiuo
declariag, as tbe optoioa of tbii House, that cer-
tain opiDiaDBofiheAttorDe; General are contrary
to law. Ii it ioteaded to affect GeDcral Wilkiit-
■oa, tbe late BecreCary of War, or the AitoriKy
General 1 I caoDOt Ke the object; whether il
TKJints at the one or the other, or at all, is lotalljr
ImiDBierial. I do not riae in my place, at ibu
lime of night, as the pariiua of the one or the
Other. I ditelaim any such moiire. I rise be-
came I beliere if we pass tbe resolution it will
Tiolate the fundamearal principle of the Ameri-
can Constimiioo ; that It will be
•od be Btiended with more erilcc
Burr's or any other conspiracy,
of tbii kind be once set, it leads immediately to
the most positive and absolute deipoliiin. The
Constitution of the United States has wisely said,
that the difiereni depaftmeots of the Oorern-
ment shall he separate and distiact. To Congiess,
it lias given the power of passing lavs ; to the
Executive, the power of carrying ibem into exe-
cution. 1*0 the Judiciary, it has ^ivea the great
and important power of expouadiog laws passed
by Congress — and can it for a moment be said in
a free country that we will take away the power
from the Judiciary 1 That we will pnsis a law lo-
day,aod to-morrow come forward,aQd, with a bare
lesolutioa of one House^ay that (he law waa im-
properly expounded? Do we mean on one day
to pass taws, and on the next day to eipauud
them J If we consider this queHtion in a less im-
portant point of view, we shall God this mode of
doing business is equally productive of injustice.
General Wilkiusuu, it is said, has improperly re-
ceived a certain sum; and tae geatlemaa says,
that there is no mode of geiting.it back again.' 1
deuy it, sir; tbe action lies for the recovery, and,
CD the trial of that, the judges will decide the
«onsiructioa of the law.

Mr. RAND01.PI1 said, tbat tbe aentlemao from
Uaryland, lor the exercise of whose candor lo-
irards his motives be ought td be obliged, bad
certainly misstated his argument. He only asked
of the gentleman the exercise of the same candor
to bis argument as he had displayed to his mo-
tive). He had not said that judgment could not
be had against a public defaulter — fat from it —
but he did say that as to mismanagement or mis-
application of public money, this House was the
only tribunal.

Mr. Nelsoh said he was sorry if he had mis-
•tsted thegenileman'.i argument. That ceiuinty
bad not been his object. He was glad that he
and the gentleman from Virginia agreed in one
thinKi vie: that if tbe money bad been improperly
paid out of the Treasury, General Wilkinson was
leipousible for il. Neitbec the opinion of the At-
torney General, or a resolution of ibe Hooae of
Re present at Ives, were conclusive as to what law
was. Tbe only authority which could propprly
decide OB the. propriety of th« exposition of the

law, waa the SupMine Court of tbe United Slates.
Now, suppose an action to be bronght anaiost
General Wilkioton. Were tbe House abont to
prejudge Ihia queaiian 1 Were they about u>«e-
atea bias on the minds of tbe judge* 1 Was the
Judiciary to be alarmed because the popular
branch of the Lecislaiure had given ao opinioa
on the subject? He had too much confideoce in
the Judiciary to believe that would be the case ;
for be believed that they would say that the at-
tempt of Co&gresi to expound the taw was fnlile.
Mr, N. said he heard himself admonished by hie
friends arouijd him, that he was extending hi*
remarks to too great a length for tbe laleoesi of
the hour. He coDcludea his observatioos bf
CipreMiug bis regret at seeing tbis proposilioa
brought forward at a lime and iaamanaet which
precluded a full diseussion of il.

Mr. Rowan thought (be present a qoeatioa
worthy of all the time which bad been consumed
Id dixcusaiog it; and if tbe doctrine advanced
were true, then were aecrets disclosed in the op«-
ratlDD of thia Government which were not be-
fore known. The CooiTiiution provided that do
money should be drawn out of tbe Tressnrf
oostrary u> law, but now il seemed ihat (b« offi-
cers might draw money on the opinion of (he
Attorney General. A sum of money might ha
wanted, aod no latr migbl he passed for the pur-
pose. The President having a tight to appoint
an Atlorney General, bis opinion might be pro-
cured in favgr of the application of i he money.
He was sorry that so much consequenr.e had oik
(his occasion been given to the opinion of (he
Attorney General. This officer was not known
in this question, not being knowa to tbe Consti-
tution. He was an officer created bf I'w, to be
consulted on legal queilioDs by (be officers at
Government, in order lo give ibem conGdence in
the execatiOQ of tbe laws ; but at their risk ihey
ibeo performed their duty, bis aaneiioo uotci-
cmpling ihem from responsibility. Here wasao
innovation on the Conatitulion : the opiaion of
as officer not kaown to tbe 'Constitution waf
brought in to screen a miMpplteaiioo of public
money. Had be annmed the judicial power?
And were tbe Represeolaiives of the people to
be restrained from making inquiry because he
had doo«so? Oenlleroea bad s^id (bat il was
the province of the Judiciary to expound tbe law,
and that an action might be broughr for the re-
aovery of (he money misapplied. And was Ibe
House to be satisfied with this remedy? It was
not tbe mere money which was the abject of at-
tention. Should the refunding of the munev
screen the officer who had violated his traai ? A
question of this kind should not be paned over
out of delicacy lo individiMla. In proporuoa to
their elevation were officers secure from accusa-
tion, because they were approached in such sta-
tions with relueianee, and never upon ligfat
grounds. This circumstance was sufficient se-
curity against lixbt -impuiatiou. But, admit the
plea of delicacy, and they would be sheltered
from all inquiry. Whoever had the money of
ibe naiioii in custody might then dispoae of it aa

.yGoogIc

167S

HISTOEY OF OONOfiESS.

1674

llARCB, 1809.

Acemmtt* of Otnand fKUrfnwm.

he pleued, beeauie lo requMt him to aceonni for
it would be a malur of bigh ddieacy. The ar-
gunteniibatbrptuKiiagtbitreaalulicia the; would
prejudge the qaeiiion, wu not Boaud. The rea-
olaiion iDtglicbeBineDded.soaf lo appoint a com-
mittee of inquiry, upoe Wboae report the House
might or might aot proceed. The idea tl>ai ap-

Eopriatioa Uws were Deceauty lobeeiponnded,
! raid, wa* iuconsisleot with ibe oatuie of oiir
GoTcrDmenl. They should be explioJL aod in-
telligible to the meanest capacity. Bui ifa doubt
■hould arise as to the coqitructmn of the law, it
should be laid before the Houie by ibe President,
whose duty it was lo lay before Congress fiom
time lo time such Bubj^cis as he should deem
proper for their conBidaraiion. Three or four
opioioDS of the Attorney Qeneral had lately
crept iuto the history of ibis country. The opiu-
ion of the Atioroev Qeneral bad been sent lo the
House on the subject of the claim of Beauoiar-
cbais without their requisition of it, and in other
cases it had been allowed great weight. lie
thought the oatioa should put its veto upon the
influence of the opiaions cu the Attorney Qen-
eral, as related lo the duties of ibe great depart-
menlt of the OovernmeDt. Mr. B. said, if be
understood the duty of the Attoreey XSeueral, it
was to prosecute suiu ia tha courts of the natioti
in bebalf of Ibe Uoited Stales, and to secure
their great inierests. but not to gire an opinioD
«a points whicl) the heads of departmenis shoald
propose, and under the authority of his opinion
to screen thera from the scrnliny or censure of
the people. He would not give the nation reason
to suppose that the LfFgislalure lent the smallest
aanction to a proceeding of this kind, and there-
fore he thought the resolution should be immedi-
ately acted OD. It had been said that this prop-
osition involved the character of the persons con-
cerned. Mr. R. said that nMlfeag&nce .would
nerer be alleged without inrolriDg character,
and according to the doctrine laiidown, public
officers had a license to do what they, pleased
The argument that the resolution inrolfed' the
character of General Wilkinaoa was nothing ;
that character was out of th« question ; it bad
been too long in the publio reaoh to be tallied by
anything which could be done in this House.
The people never looked lo whom mx>ne^ is paid,
but by whom it is paid. The responsibility of
the departments is involved. If they would give
money to the officer, it was well understood that
he would spend it. It was an error of the De-
partment of War. He regretted that this prop-
osition had come foiward at so laie a period of
the seauoa, but why it had done m> the geatle-
hmh /root Virginia bad eiplained. He had ra-
ther that the subject ehould not have coma befoiv
ibe House, than that it should hare been dis-
missed lightly ; for ih«r* had scarcely been ao
important a queaiion before the House during
the present session.' It connected itself with the
Titals of the OoveHiment. Bij at once, said
Mr. R., when you make a law for the appropria-
tion of jiublic money, that you have no power to
inquire into iu applicalion, that the subject shall

not b« approached, from delicacy or the fear c^
BTeju^ging it, and you immediately make the
neads of departments despots. A few thousand
dollars compared with principle ia nothing — a
norrecl deoiaion b worth raillioBs. If the House
were to refuse* to permit the resolutian to lie oa
the table, it might be amended. If it be ihoeght
proper, Mr. R. said, he was prepared to vote Tor
a committee of inquiry, not as to the man or
men who had received the money, but as to tbosa
who had paid it. He did not say that there was
any criminality in the case, bot malignity and
error in this case were the same; for maleoa-
duct would always elolha itself ia the garb of
the latter, were it to be admitted ai a plea in ex-
cuae. Upon this subject there shoold be the at-
aaost rigor of scrutiny. It was laioeo table, ifihe
opinion of the Aiiorney Qeneral was to rule the
whole aaveromeo't, that from so young an insti-
tution as this Qovernment so perfect an ezcrea-
cence bad grown out. It was no ezcuae for a
man who had ihe custody of the public tDOHey,
that he had obeyed the EzeeutiTC direction lo
applying it improperly.

,Mr. J. O. Jaokbon said he rose now nierely to
read a section of a law; fur gentlemen had re-
peatedly said that the opinion of the Attorney
Qeneral was not known to the law in such a case
Bs [he present, and that it was im|»operly foisted
in : " There shall also be appointed a meet per-
' son. learned in the law, to act as Attorney Gen-
' era! for the Uoited States, who shall be swortk-

■ or affirmed lo a faithful execution of bis office;
' whose duty it shall be to prosecute and con^

■ duct all suits in ihe Supreme Court in which
'the Uoited Stales shall be conceraed, and lo
' give his advice and opinion upon questions of
' law when required by the President of the Uni-
'ted Stales, or when reqaested by any of ih^
'beads of deparimenUf touching any matter*
' that may concern the departments, and shall
'receive such compensation for his services as
' shall by law be provided." Mr. J. said he was
pot about to enter ioto any examination of ihe
vulnerable arguments of gentlemen, because he
was aware of the lateness of the hour, (nin^
o'clock }) hut he would remark upon ibe ooserva-
tion that bis presumption wai erroneous, thai he
found that the origiual letter of the Attorney
Qeneral was not on the files of the House, but
merely a copy of it j and oa the remark that a
man might lead his friend into difficulty, he
would observe that he was Amiau 8ocralis,ted
magi» amicuM etrUutit. He must also bu per-
mitted lo observe, that "error and malignity"
were not to be considered in ibe same li^ht.

Mr. RoWAH said, he contended that, in money
mailers and bigh offices, error was no more par-
donable than malignity. So far as the Atlorhey
General was mentiooed. in the law Jusl quuted,
upon,a sound eoostruclion, he could only he con-

,.sidered as auihorited to give an opinion not as a
shield hat as a guide to the Department, and not
to be Iras responsible on thai account. If the
Kiecutive doubled on any point, he might avail

, himielf 9f the opinion of the Attorney Oeiteral }

.yGoogIc

1576

HI8T0IIT OF COKORBSS.

1676

War amd Natf Dtpartwtentt—Adjmtmmtia.

I, 1809.

bai he wai doI an officer iatended to *Uod orer
the BiecutiTi, and acreen bim from public
gpioioD.

Mr. QiRDiKiER had no hniisiion io decUring
hi* opinion ibsi ihe raoarr in qaeaiioD had Wn
UlegallT, palpabi)' illegally, paid ; to prove which
he UMO arguments at tome leogtLi to the lame
•Sect ai those of Mr. Rahdolpb bdJ Mr. Rowan.
Wbea Mr. G. had been speaking about twenty

DIDUlM.

Mr. Rahiwlph aiilied leave to interrupt him.
He Mid he certainty meant do diarespeel to ibe

ecQlleman from New York or (o the Home. He
ad thought that the motion wis so clear a prop-
fftition that do debata would arise on it. If the
debate progretied so as to delay public husiDess,
which was urgeat, he must withdraw the propo.

Mr. QAKDEHiEBdAcliiied petmicting Mr. Ran-
VOLPB to withdraw his rfsolutioa, uuiil he had
concluded hi* obserTaiioni. He spoke abooi ten
minutes longer,

. When he concluded, after a few words from
Ht. Alexahheb, the qiiiiiioa was taken on the
icsoluiioa lying onibe table, and cart led — ayes 65.

Hr. Ramuolpb allied leave to lav anoiber reso-
lution on the table along sjde of the former, and
laid on the table the fuilowin^ reiolutioo:

Mttaked, That an iiiiisnce of p«/ Tor the months of

October, ind November, in IBOS, has bissn rasda by
the DepartEDflnt of War, to Brindier Oeneral Wilkin-
son, and that vhea tbo said ■dvsoces were made, the
asid Brigadier General Wilkinson stood indebted
large amount to the United State*, on the books of the
Aocounlant of the War Department, and that the said
adianoes of pij were contrarj to lair.

Mr. RARnoLPH mored that tbe'first resoluiioo
b« printed. — Carried, 44 to 42.

Mr. R. then mored that Ihe second resolution
be printed.— Negatived, 40 to 38.

WAR AND NAVV DBPARTMENTB.

A bill waa received from the Senile further to
amend ibe bill for the eaiaUisbment of the Trea*-
nry, War, and Nary Departments.

Mr. W. AuaTOM iiated this bill to be the result of
the conference between the two Houses and to be
nearly the Mime as Ihe fire aections of the olhrr
bill in contest between the two Houses.

The bill was three time* read and passed wilh-
oat opposition.

Mr. W. Albton, from the Committee of Con-
ference, then moTed thai the House recede from
Its refusal to accept the amendment* of the Ben-
ate ID the bill "further to amend tbe xeveril acts
for the esiabliahmeni of the War and Navy De-
parimsDt!, and making an appropriation,'* &c.
The House then agreedto the amendroent of the
Senate for ttiiking out the fire first sections.
ADJOUHNMBNT.

A message waa received from the Beaate, ata-
tiog that the* had appointed a committee in con-
janction witn such comnaiitee a* ahuald he ap-
poJDtcd bytba Hou's^ to wait on tbe Preaideot of

the United States, and inform him that they baA
concluiied tbe haiioess pending before ibem, and
were ready to adjourn. A eomtniilee was ap-
pointed on tbe pan of this House to join the eom-
miiiee of tl^e Senate.

Mr. Snilik offered the following resolution:

St^ohtd, Tbet the thanks of this Honae be preaenl-
ed to Josira B. \ ^wsv^, in testimony of their sppro-
balion of bis eondact in the dischsrge of the ardiions
and importanldatiea assigned to him vhibtinthaduir.

Mr. RoWAif moved that it be postponed inde-
Qiiliely. Meiisrs. Rowak and LtoN supported
the motion ; and Messrs. Epfes and JacEaoff op-
posed it.

The motion was anerwards withdrawn, and
the resolution passeit, 68 to 9, as followa:

YiiB — Evin Ateisnder, Willis Alston, Eukid
Bacon. David Dard, Joseph Bsrter, BurwcD BasKlt.
John Bisks, jnn., Thcnnsa Blount, John Bojle, Wil-
liam A. Burwrl^ William Butler, Joseph Calbonn,
Oeorgo W. Campbell, Richard Cutti, John Daivaan,
Jotiah Dfans, Joseph Dcsba, Daniel M. Dorell, John
W. Eppes, WiHism Findley, James Fisk, Mcahaek
Praoklin, Thomas Gholson, ja»., Peterson Goodwjn,
Isaiah L. Oreen, John Harris, John Heister, William
Helms, James Holland, David Holmes, Benjamin
Hovrsnl, John O. Jackson, Bichard iiAaaa, Skhard

ham Milnor, John Montgomerj, Niidi^Ba S. Mooro,
Thomas Moors, Jeramiih Morrow, John Harrow, Gdf-
doD 8. Mamford, Thomas Newton, Wilson C. Nicho-
las, John Rea of Pennijlvania, John Rhea of TsBnea-
sce, Jscob Richsrds, Mstthiss Richards. SamuBl Hiket,
Ebeneiei 8eiT^, Samnel Sbaw, John Smilie, Jedediah
K. Smith, Clement Sinrer, Peter Swart, John Tajlor,
James I. Vin Alen, Philip Van Cortlandt, Daniel C.
Yerplanck, Robert Whitchill, Isaac Wilbour, Mst-
maduke Williams, Alexander WUaoa, and Natban
Wikon.

Nai*— John Campbdl, Frsnd* Gardner, Jama H.
Osmett, Joseph Lewis, imi., Mstthew Ljon, Joosh
MsaUrs, John Rowan, Richard SUnlm^ and KilUan
K. Van RensHlaer.

At Ihe request of Mr. Babbnt aABDBXixa, ik«
House eiOHsed him from voting on the qurstioa.

The Spbaeeb returned his acknowledtmeiits
to the House for this tribate Of their approbaiioii,
as follows;
Gentlemen of the Houtt ef SepreteniattBU .■

The kind espression ofjoar approbation ofrnjcoR-
dact,in tbe dischsrge of the duties whieb jon have beai
plessed to assign me a* Speaker of the Uoose, aflordl
me that eoniolation which an approving conacknc*
akme can surpass. Yon will ^ase, ganllemen, l«
accept mj thariks for Ihe liberal)^ and candof wU^
7«a have anifbimly manii»ted towards nte; and ba
ssaured, that the friendly aid which I have aiHriBOced
from jon in the disdiai;^ of my offidal iatj, baa
made a deep impression on Ibe affectioaa of my haarl,
which length of lime cannot eradicate.

Mr. CtiTTB, from the committee appotnied to
wait on the President, reported that they b«d per-
farmed that duty, and thai the President had in-
formed (hem that he had no further ci
lion to make.

And (ha House adjoDrned «uie die.

.yGoogIc

SUPPLEMENTAL SPEECHES.

Mm. HILLHOUSE'S SPEECH,

•liTared In lh« Srtuu or Iki UniiM Suih, D««nb« 1, IGOSi

(onJii PM[> 33aj on Ihs resolnloD to itpnl ihB EoibUKOi lo

■iiiwar 10 Mr. Gu.u') ascsnil Speech, ilBlliand Ihs Buie lUf ■

Mr. Phebideht: Having already occupied lo

muctiof tbe limeortht Senaie, (lo whom my aa-

kaowled^raeDm are due for ihecBodiil aitenttoD

-with wbich thej have heard me,) I sliall nol now

irespBM OD their palieace by agaio goiog iato ihe

urgumeiit Bt large, in answer to ihe remarks of the

geDltenianfrom Virginia, (Mr. QiLGB.) upon what

bas been said by the ffeaileman frum Masuchu-

» (Mr. PicKEBiNo) and myself. The aasner

o ihoB

«ill be I

Q the

and obser*atioos already submitted lo ihe eoofid-
craiioQ of ihe Senate. Su<!b of the genileniBa's
temarksaacoDsisi merely iarMrempfor^denialE or
jMMilive declarations as to tbe quesliooa of public
concernmeDt, aod are UDsupporled by b staiemenl
of Tacts or reasons, merit do reply, and will receiTe
nooe frooi me. Oa tw'o poiais, only, shall t re-
mark—the reaolution of the Beaate it; 1806, and
the British Orders ia Coaocil, as conaecied with
the act or Parliament laying the duties com-
plained of. The resolution is in these words:

" Saohtd, That the Preuden t of tbe Dnited Slates be
raqneatad to demsad the restoratiDO of ths property of
the citiMni, captured and condetooed on the pretext of
it* being employed in a trads with theeneEiiiea of Greit
Britain, prohibited in tine of peace; and the indemni-
fication of incli American ciliiena tor the lomes and
damagei nutained by these captures and ccndemne-
tloQii and to enter iato aach ■rrangemmti with the
British OoTemment, on thii'and other diflerences sub-
eiating betireen tlie two nations, (and particularly re-
specting Ihe impressment of American aeunen,} as may
be consistent with the honor ind interestor the United
Slates, and maniieat their sarneat deiire to obtaio for
themselTcs and their citizen*, by amicable negotiitions,
that jnatiea to which they are eatilled."

This, says the geotlemaD from Virginia, wasii
the nature of an ioslruction to (he Presldeal of ihi
United Slates— so understood by (he Senate a
the lime — that the flng of the United Stales should

Eroteci all persons oa board American vessels.
le therefore could do no otherwise than make it
an uUintaium. This is the apobgy,and iheonl^
apolosy, offered by the gentleman for (he Pr- '
dent's liaving made it a posilire article of
instiuc lions. It cannot be jusliBed to the nal
that it should be made an «/(t m of um, after it bad
been afcenained that the point would not be
ceded by tbe British Ouvernment, and thereby
hazard (he peace, and the tben prosperous com-
merce of our coualrr, upoa a vain attempl to
tecure foreigners, and most of tbem British sub-
jects, on board American vessels, from impress-
meni. That Great Britain or any other natior
ahould be allowed to impreas real American sea-
men, wat a point tbal eoutd not be yielded. But,

far different isibe Pteaident'i claim, that the Amet-
n flag should protect all persons sailing under
The resoluiion is before tbe Senate. It speaka'
such language, and did nol warrant the risk-
ing of (he peace and pros^rity of the nation on
I ultimatum. The resolution, among other
of diffiirence, mentions that of tbe "im-
pressment of American seamen" as a subject of
" tmicahle negotiation." There is not the moat
mote iolimalion tbat it was the wish of the Sen-
e ihat (he United States should set up the lotty
prelensioDthat the American merchant flagshould
protect all persons sailing under ii-^a pretension
which we had not one line-of-battle ship (o en-
:. I eanoot find in (he resoludon an eiprea-
of .the opinion of the Senate thai any point
ofdifierenceihauldbemadeanu/Itmofum. The
hole was left open (o amicable negodation and
i^emenu This would have accorded with

Ihe wise policy which was adopted in ITM, and
Buceessrul. That such was not my under-
ding of ihe resolution, aa (he gentleman from
Virginia now contends for, he must be satisfied
when I remind him of what took place three oi
four days before (be [B(e rejected treaty (or rather
a copy of it) reached (hia ci(y; when that gen-
tlem'an declared, (hat, if the treaty did not coo-
tain a pasture stipulation Ibat the American flag
should protect all persons sailing under it, and in
erery sea, it would be sent back. 1 replied, "then
(he (reaty will be tent back;" for, it had bieen u-
eerlained, to my aatisfaction, that Oreal Briiain
would not agree to aach a atipalation, until sh*
was prepared lo surrender ber fleet, and yield up
her naval superiority. Knowinr (hat gentleman
to be in tbe confldence of tbe President, 1 waa
attonifhed to hear the declarnijon; and then, for
(he first time, suspected that any such inatructiona
could have been given. Had the question been
put to the Senate, or the American people, Will
you risk your best interests, and even yonr honor
and independence, (which we are now told are at
siak;,)inan attenipt (o protect foreigners on board
Arapricaa vessels from impressment — those very
foreignets whom (hs Admioiatration now have it
in contemplation to exclude al(oge(her from our
service 1 What anawer would have been given?
I leave every man possewin^ teal palrioiiam and
lings to give the answer. It is
copy only of the treaty reached
this city on the 3d of March, 1807— the day Con-
gress closed their session— which copy Was abowB
to the Preiidentj and on the evening of the sama
day he announced, nol to the Senate, but to somo
individuals of that body, that the treaty would
not be submitted lo the Senate. At this time the
original treaty, and the despatches from onr Min-
ister which accompanied the same, and explained
its various provisions,, had nol reached our sborea;
for, DO my arrival at New York, on my way lo

.yGoogIc

1670

HISTORY OF CONGRESS.

Supj^mental Speechet

CoDneciicuiirroin tbe mt orOaTerniiieBi, wbieh
I left on the 4th of March, I fouod Mr. Purviaaee,
a special roesirnK^r, had just arrived i here with
the treaty and detpatches for our OoTerniD«iL
It was impossible, therefore, that the President
■bould hare formed atif correctopiDion of its mer-
its. Not tioding the proposed siipulatioD respect-
ing Ihe American flag, he decided (accordbg to
the prediciioD of the geoilemaD from Virginia)
agaiotl it.

Though it wai matter of great convenieDce to
our merchant* to employ foreigners to aid in car-
rjrJD^ on their extensire and profile bfe commerce,
yet It was nnt an abject of such importaoce as
that it would be wise to jeopardize that very com-
merce, and other important interests, merely ttf
protect these foreigners from impressment. Ai
to real American seamea the British Govern-
ment nevtr claimed the rigot of impressiDglbem.
The ddI^ difficulty has been to devise some mode
of discrjmitiBlinf American from British BeHmeA.
Had we not persisted in our claim ihatihe Amer-
ican flag should protect all seamen, there is little
doubt but that some mode would bare bfen found
out to make the discrimiaition, and have pre-
Tenied many of the evils we have suffered from
the impressmeut of AmcricaD seamen.

It appears, from tbe documrnis communicated
the last session, that the same ultimatum was con-
tained in the iitst ructions of IB04* which will

bj the public or privale anoad (hipa belonginf
ki tbe MTviea of tha other, anleM ndt peiaMi be, at
(he tiiM, IB tha mllitarj aervioa of an vaemj of nA
Mber pait7,"

Seoond and DltiiBBtniii. — "NonuDaB.aee&riDg, oi
•ther penMD shall, upon tbe high sea*, anJi withDul the
jnriidktiDii of citbrF party, be demanded or taksB oat
«r anrship or veueI,t>eiongiDg to thecitiu
jeela of one of tbs parlies, by the public
Armed ships, belonging to, oi jn Che lervice of ibe otber
party, aiiu strict and efiectuat order* shall be given for
tha due obseivuice of this engageioent ; but it ii to
be understood thai this article shsll not eiempt an;

Crson on bcird the ships of either of tbe parties. fVom
ing tiieii thereliom by tbe irther paTty, in case irbere
they may be liable to be so taken according to Ihe taws
of nations, wbicb Bability, faowever, Atii not be con-
•Iraed to extend in any case to seamen, or sealSTiDg

Cnons, being actually part of the evw of inch veasel
which they may be, nor toparaoDSofany deacription
pMahg fiom one port to aaotbsr port of either o( the

In the Iiutruclimu a/ Mgg 7,1806.
Ultiatalum. — " No aeaiaaii, nor seafaring peraon,
■kslli upon the high seas, and without the jDriKtietiaD
pi either partyj be demanded, or taken out of any ship
or leasel belonging to tbe citizens oi subjects of one of
the paitiea, by the public, or pritste armed sbipa or
tnen of war belonging to, or in tbe service of tbeotbtr
party ; and strict ordsrs aball be given for the due ob-
■enance of this engagement."

account for the failure of tbe negotiations which
have b«en carrying on for so many years. And
is it not lo be lamented that our having demand-
ed an ultimatum which it was well kaowu would
not be granted, has given lo Ibe whole n^oiia-
lion an air of insincerity? It is so muca tbe
interest of Qreat Britain, and nation!: arc usaallv
governed by their Interests, (o be at peace with
the United States, that I cannot but eaterlain a
hope that, if a negotiation was commenced and
conducted with tbe same spirit, and with that
liberal policy which gorerned in ibe M^otiaiioa
of I7M, it would have a like aaccessful termtDt-

tlOD.

A few r«mirks on tbe anbjeet of tbe Britiib
Orders in Council, and the act of Parliameiti,
shall eloae my observaikins. Thegentlemanfrnia
Virginia aska. ia emphatic language, Arc yoa
prepared to submit to an act of Paritament im<
posing a tax? Are yon prepared to pay tribute
to, and be colonized by, Qreat Britain ? f answer
No. I will never voluntarily yidd what we
waged war and eneoDntentd all the diffiealtias of
a Hevolntion to obtain. Whenever ibere is an
attempt by Great Britain, or any oiher oaiion, t»
impose those evils upon us, I shall be prepared itt
apply the proper remedy. But ao embargo it
not that remecly. I can never conieni to iefliet
stripes on our iMcks for tbe faults of others.

To malce myself understood, let me pot a plain
case or two: Supposing Orders in Council wera
to issue, declariog it lawfbl to carry na a fre«
trade from Boston lo Alexandria, are weieafaao-
doD that trade ihrongb IVat that we ^ould be
ibonght to submit to British ordenl Briiisb
Orders in Council graoting tn permission te trade
where we had a previous right, would be fblile,
and ooghi not to prtveni oar pursbing our iraife
upon tne ground of oijr ancient right. Bo our
carrying on trade with all sucbplnceaas webave
heretofore been aocustomed to trade wiib, though
they may come within the purview of tbe Briiitb
orders, might be carried on without submiuioi^
without disgrace.

Suppose anolhet case, that Orders in Coaacil
should prohibits direct trade between Bosioh and
Aleisndrla, and subject alt vessels to capture and
condemnation that did not first touch at Halifax,
pay duty.andtakealicense;at the same timean act
of Partiamenl should pass, laying an export duly
of ten per cent, on alt ei:ports from Halifax ? Of
what should we bave a right lo complain ? Sure-
ly not of the act of Parliament ; that wooM be t
mere municipal regulation, layinz a duty on ex-
ports, which Parliament might neve aright to
do, tliough, by the Constitution of the United
Stales, it is forbidden to Cougress. As well might
Great Britain complain of ihe drawback duty of
three per cent. laid on her products when export-
ed from Ihe United States. What we ehoold
bave a right to complain of, what we should com-
plain ofj would be the Orders in Council, as a
gross violation of our rights, and a most natrar-
rantable encroachment upon our sovereignly and
independence, to which we could not submit
without dishonor, which ought and most be re-

.yGooglc

1681

HISTORY OF CONOEfisS.

^ippleMealal Spee^un.

aiated. Lei m« ask, would it b« proper, in tbe
prapoaed cue, for tbe parpofe of araJding lub-
tDiesJOD and » snneDder oi our iadepeodence, to
ley an embai^ on the ports of BosIod and Alei-
■ndria, and thereby DOt only cut off their trade
with each other, but with all the world 7 I should
ealt this Btibinissioa: the most tame, diahoDoia-
ble, cowardly submiiiion.

Mr. Preiideot, ''lubmiwioViss word I utterly
diteard. It ia a word not to be found in the po-
litical dietiooarr of New ED^laod. It is because
I am Dot for lUOOiiaBioB ; it is because I am for
preserTiDg our ladepeDdeace and honor, tbat I
■m for repealing tbe embargo.

Mh, POPE'S SPEECH,

MK PBBmDBNT: With the indulgence of the
SeoBle, I will endeaTor to gire a satiKftetoryao'
ewer to those objeetioos to this bill, tvhicb,.in the
view of the gentleman from Conoecticui (Mr.
Hillbocbe) and-tbegentlemBD from MasracbU'
aetts (Mr. Piokerino) appear so formidable. It
i* nnforiaoate for the present Admioiilration,
that, in the opinion of itaoppoaents, it always has
either toe much or too little, energy, and that it
cannot fix on that precise qUBnlum which will
tuit them. Tbe degree of energy to be exeried
in anr gorenimeai most very mueb depend on
ibe difficalties ii has to eocoonier inibaeerorce-
nient of its authority. The propriety and neces-
aicy of passing ihw bill ought to ^ determined by
the eiperieoce of tbe last year, and existing facts.
1 cannot avoid expressing my sorprise at the hos-
tility of these geotleaien to this measore, after
having told nslliat tbe opposition to ibeembargo
was great in tbe Besiern section-of tbe UDioli,
and tbai we could net rely on tba patriotism of
the people to carry it into effeci. I am the more
enrprised at tbe hostility of the genileman from
Couneciicul, (Mr. Hillhohsb,) when I recollect
Ibe measure pnrsued by his very Demoeraiic
Stale during; our RevoUitionary war to prevent
illicit trade with the British army — ki that time
the power of puniihing offences of that deeerip-
tlon belonged exclusively to tbe StalegoTern-
ments. I think the geotlemeD informed us, that
the Siaieof Cooneciieut bad a prrsdti about Ibrty
feet under ground, and every man who was de^
teeted in carrying on aoy nelawful int^rcmirse
with tbe enemy was tried byacourt martial, and
sent to "hell." It is strange, indeed, after this
example of severity, which appears id have had
ihatgenlleman'sap'probalion, to bear him declaim
with sncb rehemehee agaissi the bill ander con-
sideration ; wbicb, so far from containing any pro-
TiaioDs ibr sending the violators of the embargo
to (be iofernal world, has nothing in it toocbing
life or liberty, and in all cases where properly is
eoccemed, the owner, before he can be deprived
of it, ia entitled to a fair and open trial by a < "
and jury.
In every gorerameBt a |law« to declare ike

itional will, as well as to execute it, rests some-
where» the great characteristic which marks the
difference between this Oovernmeat and despot-
ism is, that in a despotism, the despot declares ifaa
national will, and wilbamilitary force alwnysat
bis command he execuiei it, and these acteof
sorereigQIy he perforins without coosuliing the
peunleand without responsibility. In a Republio^
ch as this, every exercise af power may be saia
flow from tbe peo^de, and every public fune-
lionaryis responsible to them for his condncl..
The people, by their Representaiives, pronounoa
their will, and by an Executive choeen for a short
period by |hemtelvcs, they execute it ; but in order
the better to prevent oppression aad guard th»
rigbtaof citLZenB,tbey bavs secured to every man
whose life^ liberty, or property, may be affected bw
tbe operations of the QavetnmeBt,B judrcial trial>
In a despotism, tbe people neiihar participate ia
expressing the public will or in deciding on the

public will IS not only declared by the people
throngh their Aepresebiatives, hut the Bxecuiire
deparment is only permitted to use the pbysieal
strength of tbecouniry in the mHtierandfor itaa
purposes they may direct. Id every Govcrament,
however, there i« a power lodged somewhere la
exert the physical eneigy of the nation, when tfaa
public Welfare or tbe public safety requires it.
By the Coniliiution of tbe United Stales ceriaiA
powers aredelega ted to Congrees, to which is add-
ed an exprees authority to make all laws wbick
nball be aecesiary and' proper (o carry into eze-
!Btion these powers, and all others, vested by the
Constitution in the Qoivernment of the United
States, or in any department or officer thereof,
and 4he people, in the abundance of tbeir caation,
hare inier-ied in that instrument certain restrio-
lions or limitatroDs on tbe powers of the General
the nature of a bill of r '

risht
Three questions, therefore, seem to present thcm-
selvniforDur coDsideration. First, whether Con-
gress has power (o lay an embargo'! .Secondly,
whelhertiie means furnished by this bill are ae-
cessaiy to carry that power into execution ; and
thirdly, whether it violates any of tbe prohibitory
articles of tbe Constitution ? It is contended that
Congress has no power to lay an embargo, because
it must be exercised under the power to regulate
commerce with foreign nations) aqd that the
embargo,insteadof regulating, destroys commerce.
To this, it might tie sufficient to answer, that the
mtbargo secures onr commercial property from
the avaricious graip of the belligerents, and pre-
vents OUT ooniraeree from being regulated by
Great Britain. But, air, I shall not enter into a
diicuBsion on this question. I will content myself
with calling lo my aid the deciaioos of Congresa
during General WAeutNOroN'fl AdministraiioB,
their decision at the last session, and that of (he
judiciary, all supported by the voice of tbe peo-
ple. Upon . these decisions I rely with more
eonfidenee, than any reasoning I am capable of
offering to the Senate j it is a quest loo worthy of
coQsidsration. whether a consiniciioB so ouea

.yGoogIc

1683

m^ORT OF 00NORE8S.

Svppltmetital Spieelia.

ffijta to the CoDMituiioa, aod to long acqaisKed
JO, oagbt DOW to be dUlurbed.

That ihe menot provided by thi^ bill are oe-
•ceuary to carry the enibarpi into efiect, h hardljr
denied by the fceoilemca opposed (o ii — upon
their tepreseoiatiom of ibe opposLiioD to this sya-
tcm, and tbe dlBiciiUy or eororcinfc it, this mca-
aure may be Mifely resied. Ifihen we hare pover
to lay an embargo, aad thii meaiure is neceiBBry
10 enforce it, il lotlowa, ihal it is our duty to paiu
the bill, udIch we ar« forbidden by some part of
Ihe ConBtitutioD. If ibat intltuinent cDotaias
any ittch probibiiion, I have doI been able lo dia-
coTer il, and I believe I nay with conRdeace
-obHllrag^ geatlemea to point ii out.

Permit me, now, Mr. President, to examine
fnore particularly the several ■cctions of ihii bill,
against which ihe arguments of ibe gentlemen
tare been particularly directed. The objectiotai
made to the second section, are entirely obviairil
by a proviso at the end of it, which secures tmall
vessels froDi the embarrassmenis which seoilemen
Appear to apprehend. They have declaimed at.
great lengih against that part of ihe seventh lec-
UOD, which declares ihai neither capture, distress,
or any other aocideni, whatever, shall be pleaded
or given in evidence. To determine ihe propriety
•nd necessity of ibis provision, we must contnsi
it witli the lav as it now stands, and endeavor to
■seerlain from which Ibe greatest inconveniences
will result. Id every prosecuiion under the exist-
ing laws, if the accused can prove that he was
captured, or driven into a foreign port, by con-
inry wiods'Or other accident, he must be acquit-
ted, although Ihe capture is generally produced
by a secret understanding between the caplor and
the captured. I appeal lo Ibe candor ofthegcn-
tletnen themselves, who are betiet informed on
Ibis subject iban I am, whether in one case of an
hundred, where these excuses are made, they are
founded in truth. Eiperieoce has proved the im-
portance of ibis provision | it is one of the most
valuable in the bill; without it, no cobviciioo
under our embargo system will be had. Tbe
power given lo the Secretary of the Treasury to
relieve io cases of evident hardship, is all that
can or ought -to be required. If there is any ap-
pearance of severity in this bill, we ought to be
reconciled to it, becauHe we know il cannot be
dispensed with; there is no danger, however, of
itsDeingexecuted with undue rigor; we have not
heard any complaint of a rigid exercise of ihedis'
cretionary powers, beretofura vested in that de-
partment. There is a mildness and humanity in
the American character, that revolts »t ibe exac-
tion of severe, cruel justice; and when we consider
that every man in our Qovernment is in some de-
gree reiponiible lo public sentiment, we ought not
to doubt, but that in every case of hardship
which is clearly made out, the proper depa[tmeii(
will extend appropriate relief. The great eom-
plaini in thiscountry, Mr. President, is not of the
'Beveriiy of our taws, bat that tjiey are not execu-
ted ; that 100 much impunity is afforded lo guilt.
Indeed it has become a reproach to our laws and
«tu OorenimeDl.

The ninth section has been denonneed with
great vehemence. It authorizes the coilecion to
"Heizemoney or property, found on boKrdany vet-
' sei, boat, or watercrafi, when there is reaaott to
' believe that they are intended for exportation, or
' when in vessels, carts, &«., or in any manner m>-

nently on their way towards the territoriea ofa
;ign Diiiion, or the vicinity thereof, or lowardi
' a place whence sueh srlicles are intended to be
' ex polled, and not to permit such arliclen lo be re-
' moved until bond with >ufficient Fureiiea shall
' have been given for tbe landingor delivery of the
' same, income of ihe United Siiiies, whence in the
' opinion orihesollector,iheresball nutbeaDydaD-
' gerorBUcharticleabeingeiporled." Is ibis anew

Erinciple iti our code? To prove that it ii not,
will call the atienlion nf the Senate lo a section
of the revenue laws. fHere Mr. P. read a section,
which declares that if spirits shalh be removed
from a disiillefy, contrary to law, the ship or ves-
sel, wagon, cart tec., in which it may be found,
logether with ihe oxen, horses, &.c., shall be for-
feited and liable lo seizure by the revenue officers.]
1 will not lake up the time of the Senate in rea<C-
ing other parts of the revenue laws; the same
principle pervades the whole.

But, air, it was unnecessary for me to appeal to
precedents, so' nun^erous in our revenue cod^ to
su]>port ibis part of ibe bill, his bottomed upoD
a principle which has been recogoised and acied
upon, from time immemorial, and is familiar to
every one, that it is better by preeaniionary mea-
sures to prevent offences, than to punish the of-
fenders after thty ate perpetrated. Upon this
Principle a man who has been guilty of no crime,
ui wnose conduct has afforded prolable cause
for believing he intends to commit one. ia Liable
to be arrested and eommiiied, until he ^ives sure-
ties of the peace, or for hisgood behaviour. The
gentlemen, to give more plausibility to their ar>
gumenls, have asserted that a power is given to
the collectors lo break. open dwelling-houses I
protest againsi any such consimciion, and I call
upon them to point out the sentence, or even the
word which will jusijry il. They have attempted
to make an impression ^at the collector* would
not be IJatde for improper conduct This sogges-
tion is unfounded. If aeollecior, withoutreason,
or, to use a technical phrase, without probable
cause, should be guilty of any act of oppressioa
or exioilion, he would be liable to a suit, and
there is no pan of the hill which would shelter
him. Gentlemen pretend to be alarmed at the
tenth section, by which il is enacted that '^tbe
' pofvervgiven. to the collectors by this or any other
' act rvspecling the embargo, to r^use permission
' to load vessels, dec., shaTi be exercised m con-
'formit)' with such iosiruclionsas the President
' may give, and such general rules in parsuanceof
' the powers aforemid ; which instruetiona and
'general rules the collector shall be bound to obey;
'and if any action or suit he brought against any -
' collector, or other person acting under the diree-
' lions of, and in pursuance o( this act, be may
' plead Ihe general issue, and give ihisaclaod the
'instrwtioua and regulatioiuof the Ftasident in

.yGoogIc

I68S

mSTORT OF CONGRESS.

158«

Suppiemenlal Sp4tckt$.

'erid«nc*foT biajoaiificaibn aoddefenee." Ii is
contendrd tbai this aeciioD makes ibe rule* aod
iHlroctioDs of (be PreaideQi paramount to the
kw. In tht* tbef are miEtakeo. Id an actiou
brought againit a collector, if he should rely od
th« rules and iastrnctiaDs of the Pmideoc, it nill
be the dutjr of the court to decide whether they
■r« made in punuance of Ibe power* given by
the embargo law* ; and if ibe court ibould be of
opinion that ihey are not authorized by law, they
will not justify the collector. This principle, I
am informed, ha* been already sellled by the Ju-
diciary and Congress. ABuit was broughl against
an officer of the United Stnte* for some act done
under the order* of the late President, and on the
trial he relied oa ihe initruclions of ihe President
for his justification, but the court determined that
they were not warranted by law, and a Terdiot
and judgment passed against him for a consider-
abieium in damage*, which was paid out of the

fnblic Treasury, pursuant to an act of Congress.
1 bas been (he practice, herelofure, for the Secre-
tary of the Treasury to give such inslruciioos to
the officers of the rerenae, and, by a section of
one of the revenue laws, the officer* of the reve-
nue cutters are made officers of the customs, and
«re expressly required to perform- the duties en-
joined by the Secretary of the Treasury. The
reasons urged b^ gentlemen with so much force
against giving discretionary powers lo the collec-
tors, and the dangers to be apprehended from
tbeir abuse of them, induced me, as one of tbe
commiitee, to give my assent to this seciioa. Tbe
propriety and necessity of it must be obvious to
every ioipariial man upon a moment's considera-
tion. In order lo regnlate and control tbe coast-
ing trade, so as to prevent violations of the em-
btrgo, it has been found necessary to give the
President and collectors some discretionary pow-
ers, ihe exercise uf which ought to be governed
by uniform rules in the different ports and bar-
boit of the Uniied Slates, aod upon [be bigb re-
aponsibility of the Presidenl. He is gunreme
executive officer of the Government, immediately
"' -» Congress and the nation for the

proper discharge of the executive functions; the
colfectors are bis deputies, ihey en '

him, and are under bis control. I

language of the gentleman, unwilling to mafee
every collector a little, irresponiiible despot, but
deemed it more safe to subject them to the orders
of the President, and thereby to render him re-
BpODsiUe for tbe due exercise of ihe powers vest-
ed in [he executive department. No part of this
bill will warrani the assertion that the PresideDi is
authorized to transcend the law or Conttiiution
of the country. 1 disclaim such a principle. I
have ever thought that Government the best, in
which no man is superior lo tbe law; and I ad-
vocate ibis bill for the purpose of carrying this
principle into practical operation. I wish lo arm

The lasi section objected lo is the eleventh,
wbicb authorizes " the President, or such person
' a* he shall have eqippwered for that purpose, to

' employ such pari of the land or naval forces, or
' mililia of ibe United Slale!>, or of the Terriloriea
' thereof, a* may be judged necessary lo enforce
' the several embargo laws." This, we are lolil,
establiahea a miliiary despotism. I hope to be
one of the last men, in this country, to advocate
a military despotism. If I could believe that tbi*
bill would produce saeh a slate of ibingi, it would
not only cease lo have my support, but meet with
'mv most unqualified reprobaiioo. But, sir, with
wnattfver warmth gentlemen may beslow such
epitbeia upon it, and sound the tocsin of alarm to
the people ibai ibeir liberties arein danger, what*
ever efforts they may make to inflame the public
mind against ibis measure, when the good seoae
of the nation shall pass on it, they wul be con-
vinced that all their declamation is but empty
sound. This part of tbe bill is not only warraot-
ed by an express graol of power in the Conslilu-
ijon, which declare* ibai Congress shall provide
for catling forth the mililia lo execute the law*
of the laod. suppress iosurreclions, aod repel io-
vasldoa, but, by numerous precedents, eslablisheil
under every admioisiratioD uf this Government.
In addition to those read by the gentleman from
Virginia, (Mr. Giles,) I will read the seventh
section of an act, passed the 5(h day of June,
17fl4, during General Washikoton'b admioistra-
lion. which is strictly analogous to the eleventh
section of this bill.

Mr. Pope here read the 7ih aection of tbe act
before alluded lo, wbieh is in fbe followinc
words ;

" And be itfurtJur taacUd and detland. That ia
avery case to which a ve^ shall be fitted out and
armed, or attempted to be fitted out and armed, or
ID which the fotca of any vesHel of war, cruiser, or
other uneil vessel, shall be increased or aDgment-
ed, or in which an; military expedition or enteipriie,
shall be begun or set on foot, contrarv lo the prohibi-
tions End proiisions of this act; and in any case of
the capture of a ship or Teasel, within the juriidiction
or protection of the United Slates, bb above defined ;
and in any cue in which any process out of any court
of the United State* shilt be diiobeyed or reiisted bj
arty penon or parsons, hiving the custody of any vessel
of war, cmiser or other armed vessel of any foreign
Prince or Slate; in eveijancb caseitihall be lawful for
tbe President of the United States, or sneb other person
as be shall have empowered for (bat purpose, to emptoj
sach part of the tend or nsv*! roreesanhe United Statea,
or of the militia thereof, as shall be judged necessary
for Ihe purpose of taking possession of and dstaining
such ship or Tcsw;!, with her prize Or priies, if any, in
orjer to the eieeution of the prohibition and penalties
of this act, and to the restoring inch priie or priias,
in the cases in which restoration shall have been ad-
judged ; and also for the purpose of preventiog the
carrying on of any auch eipedition or enterprise, from
the territories of the United Suies, against lbs terri-
tories or dominions of a foreign Prince or Stats, vrith
whom the United Stales are at peace."

Here, said Mr. P., a power is given to the Pres-
ident, or such persou as he shall have empower-
ed for that purpose, lo call forth the military
strength of tbe country for several purposes, and
among others to prevent the carrying on any mil-

.yGooglc

1687

HISTORY OF CONORESS.

1588

Supplemental Speecht»,

inry expcdriioa or eoteriiTise, from (be lertiiorie*
of the United Slates, again si ihe lerritariei or do-
minions of a fortigo Prince or State, «ith whom
the United Suiei were at peace. A power
which tmy be exercined a« well on the land, in
the iateTLor,aB on oar coasts and in oar ports and
harbors, and witboot a warrant or other proeest
tVom any court or judicial officer. Ii-iii proper to
nmark that this act of 1794 was not a temf^arf
law, it it ttill in force, and makes a part of oar
permanent siatatorjr code. The bill before as is
10 eipira with the embar^. All legislation of
this kind, Mr. Pretident, ought to arise out of
feels, and be the result of erideni neeesiitj. The
Ameriean people were unwilling to entrust to
the Eieculire ihepo wer of employing the phyilcal
force of the natioD at pleasure, or in any maoner
his diureiion or whim raiB^t direct. No. air,
they have wisely Tested in Congress the power
of providing in what manner and for what pat-
poses it shall be called forth. It cianoi, I think,
be seriously contended that this wettoo violates
the Constitution. The question is, does the eri-
■it demand ill To prove that the public ^ood
and the sharaeier of ihe Government require it.
1 need only refer to Ihe cireumtiance* aivd facts
disclosed by tbe gentlemen wppoted to it. They
complain of our alluiions to the people of the
Eastern States. If, in oar remarks, we have
pointed to them, more partleolarly than to Ibe
people la oth^r quarters of the CJnion, It has been
owing to the' representations of Ibe gentlemen
tbemielTPs. I appeal to you, Mr. Presidenl, and
•T»r member o* the SeD«e, whether w» bare
not Dad iotimaiiiyis on this floor, froaa those
geBlleraeo, that thfere was dan^r of loaurrection,
rebellinn, and violent opposition to tbe etnbargo
laws, in the Eastern section of the Union. I be-
lieve, sir, thefriends of the embargo have express-
ed B3 much confidence in the repablicanism and
love of country of ihe Eastern people, as in any
oibctpartof tbeoetioo. If they have been slander-
ed, these geotlemeD have slandered them. If, in tbe
disctusion of the embargo, our atieotion lias been
particularly directed to inat quarter, it has
tha result of any individual distinction, but of
eaosasand circamstances which muii strike every
naa at the first view. It ought to be Recollected
thai our SaslerQ and Northern frontier is bor-
iani by British proTinoes, that Halifiii is in the
neighborhood of Maine, and, therefore, thai quai^
ter presents greater faoitities for violaiiof the
embargt) than any other.

The gentleman from Massachaseits informs n<
that the embargo has beeb Tiolaied in the Sooth-
ern States, as well as the Easterri States. This
is probably true. While the embargo continues,
J wish it to operate equally on every part of tbe
GOmmuniiy. I do noi think, however, that the
proof tbe geatleman has adduced is very conclu-
sive evidence of the fact be wishes to establish
by it. He has read a passage from a newspaper,
' staling that a vessel had arrived in the West In-
diet from some port in Virginia, and another from
Baltimore. D<^ it follow, that, becauM they
cleared out from some Southern ports, that they

belonged tq thow Suieal About OD«-third of
the shipping of the United States belongs to
Massacnusetts, and a number of her reasela are,
I believe, employed in the coasting trade, ana
Ihose vessel* which tbe gentleman haaalloded la,
may as well have belonged to the Elastern as iba
Southern people. The fact is immaterial. Tbeaa
iiewspapers, read by tbe genilenan, display oat
fact, perhaps of some importance. They aUi«
Ihe price of flour in the West India islaada to b»
thirty dollars per barrel. If this be true, I mast
question the correclness of public opinion retpect-
violaiions of the embarru. If there ia

arcity of floor in these iilapds astoraiaa

the price to thirty or forty dollars per barrel, it i»
pretty strong evidence that it has not tieen evaded
to the extent generally sapposed. The gentic-
man diseOverea a de|^ee of displeasare ai ib« re-
mark of the gentleman from Virginia, ifaat ilia
violations of the embargo have been prodaeed by
British iofluenee. The feelings of no gentleman
ought to have been wounded by it. especially
after the explanation which waagiven. The ob-
iervationit of the gentleman from Virginia cer-
tainly did not authorize the inferenee which a|^
Ers to have been drawn from them. Bui, sir, 1
e never heard a doobi expreMed of the exist-
ence of aueh an influence. Is it not aotorioua
that there eve in onr seaports a number of Brit-
ish subjects, merehaois, agent«,aDd contractor*
for the British navy 7 I believe there is, at this
time, in the town of Alexandria, a contraeior for
the Jamaica squadron. Tbe conii^itv of theit
Northern ponessioos sod West India islanda, en-
ables the British Qovernmeal, with the aid of
persons of the description I have mentioned, and
that portion of our own people wbi* are so lost to
a sense of that duty which every citizen of a fte«
Republic owes to his Qoreroment as to be templ-
ed to become instruments iu their hands, to exer-
cise a degree of influence in proeuKag violaiiont
of our eml»rgo, which requires aU the vigilance
and energy of the Government to reatsl. Be-
tween these violatimis of (he embargo and the
Gotfemraent, issue is now made np, and it r^.
mains with Congress to decide which shall tri-
umph. Shall we, by withholding tbe meaas ne-
oessary In enforce the laws, permit them to be
trampled on. and tbe Government set at dcfiancel
1 hope not, lir. We are called on, not only by oot
most saered duties as legislators, but bf the nation,
and especially that portion of it who have fiiiih-
fulty regarded our embargo, to compel obedience
from those whose patriotism^ and virtue cannot
be appealed to. 1 do not ctwtend tbai theCoik-
stiiniion should be violated to support the embar-
go system, but that we onght to use such Cooaii-
tuiional means as will be adequate to attain ihe
end in view.

It is worthy of remark, that the powers ^ven
by ibis bill will not be exercised in the interior erf'
our country, but on oar frontiers, and ioonr pom
and harbors. Our Government, having inter-
course with foreign nations, must gife their offi-
cers, appointed to execute the Iaw9 r^ulating that
Intercourse, and to collect the reTcnne growing

.yGoogIc

1589

HISTORY OP CONORESS.

SuppUmttital SpeeeKet.

out of it, the power* eoDmnplkted' by this bill ;
and ihc lam of every conntry •i^init (iniiggliDg
would be DvgMoiy and idle, without a power in
the revenue officert to leize those snicles npon
which ihe laws i>perate, whether ihey are al-
lempted to be imuggled out of, or into the conn-
Iry. The KeDtieman from Conncciicat, (Mr.
HillhodbgJ has expressed his aslonivhrneol thai
we ihoatd be to blinded by our Em) for this meat-
Dre I we are equally so tt the length to which his
hostility to it earrtps him.

It wa» not to hare been expected, Mr. Presi-
dent, that the general policy of the erabargv
wonld hare been drawn inro'debate on this bill.
We are agaiD told, as oa a former occasion, thm
theembarp> it submission. If this be true, it is
9tTaDfc«, indeed, that every British agent, and
•Tery friend of Great Britain in this country,
•hoolt) be so vtoleQily opposed to it. Their bos-
titity to this system induces me to belieVe ihejr io
Hot eoBtider it submission, and thai it is not vrew-
ed ht that light by the British OoTernment. It is
■ot the policy or the will of that OoTernment
thut we shoald discontinue oir foreign inter'
etntrw. Has she commanded us la withdraw
from the ocean 1 No, air ; the will of Great Brit
ain.is that we ibotild remove ovr embargo, and
trane, not as an independent nation, but upon her
leims; and according to the rules and regulaitons
■be has prescribed ; oitr embargo is, at least, a re-
fuoal to carry on commeree pursuant lo her or-
ders, and mnii, therefoi'e, be considered resistance,
ai>d not BubmissioB to her will. We are reminded
of the opposition to former AdAiinisfrations. I
was not on the political theatre at the periods to
which the jtenilemen have alladed, and shall not
attempt, here, to discuw the topics which those
times fornished.

Whs lever may have been hiretofore the bias of
national feelio^, or nalional prejudice, or of po-
litical parlies, ID rdation lo Prance and Oreat
Britain, no friend of his conniry coatd have an-
ticipated, that at a moment when both those na-
tions should make war opon ns, that we should
be a divided people. The gentleman from Ma^sa-
ohuseits again [ells us, thai in oar system we are

Secisely conforming to the views of the French
tnperor, and closes his remarks on this point,
with an asauranee that he does not mnn to at-
tribute to us any improper motives. We ought
Bol perhaps to doubt the genlleman's veracity. I
feel no disposition to detain the Senate, at this
late hour, viib recriminations. Permit me, how-
ever, to expose the glaring inconsisiencies of gen-
tlemen on this subject. Oteat efforts have been
made to prove that iheembargo is designed to be
a permanent measure, and to meet the wlsh0s of
Pranee; and yet we are (old in the debate in the
resoluikin to repeal the embargo, by the genile-
msu frotn Delaware, (Mr. WsrrE), ei^aally op-
ptMcd to it with the gentleman last up, that the
President Was tired of the embargo last Spring,
and in order to get clear of it, he proposed to Mr.
Canninif.the Brtilsfa Minister.to remove it, as to
Oreat Britain, provided she would rescind her
Ordera io Cotmcil aa to the United Slate*. Mr.

Canning's answer seems to have wounded tfas
American pride and sensjbiliiy of thai gentleman.
He discovered n degree of indignation upon read-
ing it, that did him honor. I brieve he almost re-
f^ited that an opportunity had been afforded la
Mr. Canning to treat oar Gavernment with such
sarcastic insolenee and coniempt, after our Qor-
ernment has, in the opinion of geatlemen. almost
bomitiBted itself to procure an honorable inter-
course with Great Britain. What would Ihe gn-
tlemanfro^ Mastacfauseiis have aa to do ? Why.
sif, I infer from what he has said, thai he would
declare war against France, remove the embargo,
and'trade with Great Britain. To open oar pons
to that Government under eiii^tini^circametances,
while her orders are in fofce against us, without
any reparation or atonemept lor the many inju-
ries, indignities, and insults she haB heaped upon
as, would be too disgraceful and degrading for thfr
indepaodent spirit of America. Mr. President,
we have been injured and insulted by both Pranca
and Graat Britain, and ii would in my opiaioQ bfr
dishonorable to declare for either a^iost th9
otlter,-wJthoH( some concession, some satisfketory
atooemeni. To induce us to pursue the coarse
be has recommended, Ihe genilemanj as on a for-
mer occasion, has endeavored to eicite our alarm
by telling us that Bonaparte is aiming at univer-
sal dominion, and that if Oreat Britain should be
conquered, America will fall a prey to his am-
bition. He might as well tell me of eveacs that
are lo bap)>en after the day of jndgmefli. He
must be ■ visionary statesman indeed, who wonld
be ioBueoeed by danrers and consequences b»
remote and chimerical as those which appear to

haunt ibat gentler

s imagination. I will ni

vindictive spirit against any o
reedy to consent to renew our c
course with Great Britain, so soon (is it can bff
done on terms which this people cati accept. We
hsve been assured by gentlemen that Great Brit--
ain andentands her interests, and is governed by
it; if so, and our h-iendshipis necessary to enable
her to stand against the conqueror of Europe, sh«
will have it, because ^e can always command
our friendship by conductinc lowtrds us with ju»-
lice and moderation. The door of conciliation haa
ever been open to her, and i* still open — it haa
never been shot by our GovernmeBt.

I am really at a loss, Mr. President, to account
for the inconsistencies of gentlemen in their ap-
gumenls against the embargo; by one, we are
told that il<e President was lited of it long tince,
and therefore solicited Mr, Canning to help him
to take it off; by others, it iseoniended that it is a
permanent measure, and resorted to for the de--
sirnclion of commerce. In the debate on Ihe
resolution to repeal the ctnbargu, the gentleman
labored to prove that the embargo was submiMioD,
and not resisianoe lo the belligerents, thai it would
not coerce, but beneSt Great Britain r and in Ihe
tame breath, it was insinuated totiea measure of
coDformliy m Prench policy. All these position*
cannot tw correct. If it be a measure of hoatiliiy
-to Great Briiain, it caDsoi be aabaaiaabD ; if it>

.yGoogIc

1691

HISTORT OF CONGRESS.

1592

U aubniWoii to Gr«i[ Britain, and tha is beoe-
fiied bf it, it could not biive rwulled fTom any
C0DC«ri wiib France. IT, however, ibe Teiti of
tbe gentleman fioin Massachuseit* are well found-
ad, Ibat, if Oreal Britaia ibould be crusbed by
the coloi)4l power of France, we are gone, and
that, iberefore, our wtiichc ought to be ihraWD
into iha seale of Qreat Britain, lo enable her to
Eaaintaia her independence; and if it be true, as
the geDiivniBD conteoits, thai our embari^o does
not coerce, but subserve, the interest of England,
it follow*, from hisown premiset, that our meai-
ures are not boatile to her, and that, for our own
preservation, we ought to cootinae our embargo
to xirengibcn Oieat Britain.

Qeoltemen contend that it is not fair, that tbe
friends of the embargo have no right id ckll on
ihem far a substitute. I cannot, for my pert,
unaglne upon what ground thev can retuse to
offer it, if they bnre any. We all admit that the
beliifferents are commitline depredations upon
Us, loat they ar»in fact malting war a^insi ui,
and that we ought not to submit, but resist. The
only question, then, ii, what is the most honor-
able and efficient mode of resistance ') We hare
retorted to the embargo. If gentlemen opposed
lo thin believe there is any other belter tneai-
ure of resistance, it ia certainly iheir duty lo
propose it. Would thty subiliiute war 1 If they
would, I could flatter myself with union in sup-
port of war against the belligerents. 1 incline to
believe 1 sbonld consent to accept their substi-
tute. War cannot he their object, because they
ndicule tbe idea of war with both belligerents a*
quiiotici this sentiment has been frequently ex-
pressed by gentlemen in debate, and with great
ajiparent coniequence. After altihe coosiaera-
tion I hhre been able to bestow on the subjeci, I
cannot view the projeot of making war with
France and Oreai Britain in that absurd and ri-
diculous light in which the gentlemen endeavor
to exhibit it. It may appear raiber extraordinary
that two nations at war with each other should
both make war upon us; but, air, I cannot ima-
gine how it can be considered abaurd for us to
resist both by war; indeed, it seems to me extra-
ordinary and quixotic that we should not. The
gentlemen admit that, if one nation commits acts
of hosiiliiy upon us, war with that nation would
bejiropsrand necessary ; but if two nations make
war against us at the same time, and they happen
to be at war with each oiber, war, on our part,
■gainst both, would be absurd and ridiculous, be-
cause there wonid be great difficnliy in fighting
a three-sided or triangular battle. This is a kind
of reanooing to me perfectly novel ; it proves that
iha more enemies we have, ihelesa resistance we
ought to make. 1 should suppose the reverse of
this to be correct. I can tell the gentleman from
Connecticut, that the idea of three belligerents,
which ha thinks so ridiculous and absurd, has
been often realized in the country I represent.
Before KeolQcky was settled by the whiles, it
was a great common, kept as a hunting ground
for the use of the Indian naiioas, and, by a gen-
«t«i consent or law among thtm, no aeitlement

was to be made upon i(. When it was sesxcd bf
the whites, they were treated as camman ene-
mies by the aurraunding savage tribes; and it
frequently happened that different Iribea, at the
same lime that ibey waged war with each oiber,
carried on war agaiasi the whites. If tbe gen-
tleaan from Connecticut had been in our caan-
try at an early period, and told the peojde 'if
one Indian nation made war upon them iber
ought la Sghl, but if two nations at war wii^
each other committed hostilities upon tbem, thai
then it would be ridiculous and quixotic fur tbem
to Ggbt both, I imagine they would have con-
sidered Ihe gentleman's Dolioos very ridicolooa
and quixotic, indeed. The opinions of geoile-
men on this subject appear to arise from possible
difficulties, which might occur in possible, bat
very improbable cases, which they have imagined.
Suppose, says the gentleman from Conoeeiicui,
(Mr. HiLLUDDBB,) after we declare war against
Great Britain and France, that three fngaiea
should meet on tha high seas, one belonging to
each belligerent, how would this singular battle
becondoctedl I will not attempt lo solve the
difficulties with which a case of snch peculiarity
might be attended, in any other way than by
supposing anotbei equally as likely to have bap-
penod, but wbloh never did happen. Suppose,
sii, that, before the cloiie of the Indian war, two
parties ol Indiana of diSercDi tribes who were a.t
war with each other, and a patiy.ut whitet bad
met ia tbe wilderness, how would these gentle-
men have acted in' a Bilualioo so rare and embat-
nissingl 1 shall not take up your lime, air, ui
making conjecture) so improbable.

The facts alleged by the senileroen thcnselvea,
show that this three-sided figure cannot occur on
(he ocean. They tell us that France has no naval
force to make war on that element ; and that
Qreai Britain, with her thousand ships, haadrawm
aline betweeo us and the coniineoi of Europe,
It appears tome remarkable that such practical
maiter-of-faci sialesmen as ibeae gentlemen pn^
fess to be, should be influenced by such far-feubed
possibilities. If, however, their opinion be cor-
rect, that it woiild be unwise and impolitic to
substitute war with both belligerents for tbe em-
hargOj it follows, as a necessary coasequence,
that It must be contiiiued until a selection can,
wiih honor, be made.

What, Mr. President, is our simaiion 7 Franca
has interdicted our trade with Qreai Britain, and
Great Britain has interdicted our trade to France
and the Powers under her control, in many arti-
cles, the production of our own soil — cotton >be
taas viiiuMlly prohibited altogether. The dii)tnte
between us'and the belligerents is not about ibe
carrying trade, hut whether we kball be permit-
ted to carry our surplus produce to foreign mar-
kets t The privilege of carrying our cotion to
market, is one in which, not only the growers
themselves are interested, hui one which con-
cerns every pari of the nation. The exporutioB
of flour from the United Stales has not incrtwed
since the year 1793, althoogb it is very ceriaia
bat a much Urger quantity is now made, than

.yGoogIc

HISTORY OP OONGKBSa

1694

SuppUmtnial Journal.

■t that period. This mt»t be owin^ tothain-
eivaaed eonsumptioD af tbnt arlicle in our own
couotry. Tbe high price given for cdUod aioce
that time has induced the Souihera pttople (o
employ ihe wbole of tbeir capiiB) io the culture
of that article, and purchase dour and other arti-
cles, for their own consumption, from the people
of the Middle, Eastern, aod Western States. The
growth of oar commercial aud matiuraciariag
lowas, the increase of our tbippiog, and coose-
queat demaod for sea stores, have occasioned a
greater consumptioQ of fiour than fortnerty. Id
those parts of the couotry where cotton is the
chief article of culture, ihe people of other parts
find a market for their hoDieb, a large portion of
their mannfactures, flour, atid.oiber surplus pro-
ductions; and the ship-owners Sad employment
in carryiog our colloo to foreign markets. Indeed
sir, coiion has become ibe .great staple of our ex-
port trade. It has been for some years the prin-
cipal stimulai to every branch of industry in our
country. We export anoually upwards of sixty
millions of ponodsof cotton, a little more than
half of which is used in Qreat Britain, the resi-
dae on the continent of Europe. If we remove
the embargo while the British orders are in force,
tbe whole of ii must be carried to England; there
would ibeo be nearly thirty millions of pounds in
the English market more than the demand. Have
gentlemen cafculated the iofluenee which this
surplus quantity would hareon the price 7 But,
■ir, the prospect is still worse, if we are to credit
the statement of these sentletnen. They have
informed us that Great Britain is oow receiTine;
large quantities of cotton from Brazil, Spanish
America, Africa, and the East ladies; and that
ahe is not dependent on us for a supply. The
necessity, therefore, of resisting the British orders,
and forcing our way to ihose markets where there
is a demand for the article, must be erident to
«rery one who will consider the aubjeci. It is
not tbe cause of the cotton States merely, but of
evwy part of the Union. 1 believe ii will be
found, upon an atteniiTe esaminaiios, that these
Stale* are more united by iutereai, and llMt the
good of Ihe wbole is more intimately connecied
with the interest of erery pn tbao superficial
thinkers are -disposed to believe. I catmiU view
the British orders merely as a temporary meas-
ure of retaliation on Fiaace. I fear they have
originated in a policy of a more permanent chat-
acter. 1 suspect Oreat Britain has in view lo
cripple the UDited States as her rival in com-
mnve, and lo prevent the Powers on tbe Conii-
oent fcoiH rivalling her in manufacture*. The
fiiat she especte to accomplish by ooniractbgihe
circle of our commercial enterprise ; the second,
by depriving tbe cooiiQental Powers of the raw
materials, and preventing them from sending iheir
manu fact ores lo distant markets, and thereby in-
creasitig the demand in those markets for her owii
maDufactores. If my suspicions are well found-
ed, that brr orders are ibe ofliipriDg of a- perma-
nent policy, 1 fear that, alihoush our non-ioter-
course system may severely anect her interest,
■he will be vary reloctant to cbaDge her cootk.

and that the American people will be compelled
to vindicate tbeir rights by their armsL Within
a few months, a* soon as we can be prepared to
slrike a blow, we must exchange our present at-
titude for one of a military character. Million*
for defence, not a cent for tribute I has run
through the public prints for two years pssl, aDcl,
however it may have been misapplied, I confess
I like thesentiment. I hope it is deeply engraven
upon Ihe heart of every American.

1 could not, Mr. President, at this late hour,
trespass on the indulgence of Ihe Senate in no<
ticing all the observations of the gentlemen op-
posed to this bill. I have contented myself by
answering their most prominent objections to it,
end am now ready to give my vote for the pas-
sage of (be bill.

SUPPLEMENTAL JOURNAL
Of latk pnetaHngt at, during the lime Ikey wen
depending, viere ordtred to be kept tteret, and rt- ,
tptcting tohieh Ike mjunction of teertey vxu after'
ward* \emintd by order afthe Houtt.

TvESOAT, November 8, 1808.
The House being cleared of alt persons, except

the members and the Clerk, a confideclial Mes-
sage was received from the President of the Uni-
ted Slates, by Mr. Coles, his Secretary, who de-
livered in the sam^ and then withdrew.

Wednesday, November 9.
' The House being cleared of all persons, except
the members and the Clerk, proceeded in toe
reading of the confideniial Message from the Pre-
sideiit of the United Stales, and tbe accompanyios
documents, received on the eighth instant, ana
' throush the .
ssaid Hesi

Tbesi

Messag»is in the following, word* to

Tti« doeonanla commnairatwl with my pnbbo ICea-
sage of tbi* day, esnlain Mich portion* of the ««ct**-
poodence*, therein leferrad lo, of the Hiniatara of tha
United State* at Pari* and London, a* relate to tha
presenl state of afiir* between those (rovernneot* aod
tbe United Otstu, and >■ ma; be made public I now
commmiiote, confidentially, such supplementary por-
tions of the same corrrspondenoe as I deem improper
for publication, yet neeesssry to convey to Congresa
tiill iBfaimation on a subject of tbeir deliberations ao
interesting to our conntiy. TH. JEFFERSON.

NorKMasK 8, IB08,

Ordered, That the said Menage and docamentf
do lie on the table.

Wedhebdat, November 23.
Tbe House being cleared of all p«rsons, except-
ing Ihe member* and the Clerk, a motion woa
made bv Hr. Rahdolpb, that (be Hon** do com*
to the fallowing resolution :

.yGoogIc

mSTORT OF C0N0SES8.

Supplemaital Jourvai.

JUt^Btd, Thai tbg inJQDctwn of MaMy, mo ht m
it TfUtes to the BubclaniiB of til« commniuutioH tram
oar mpcctiie Mioutan at Puia uul London, which
kccompinied the Preudant'* McMage of the eighth
initant, be taken off:

And on th« qaesiion tbat ibe House da now
proceed lo take ibe said ptopotei leaolalion ioto
eoosiderstion, it was resolred io the affirmatire-^
yeas 1L3, nays 1, as follows:

Yiii— LeiaasI J.Aliton, Willie AlMon, ji., Etekiel
Baeon, David Bud, JoHph Barker, WiUiun W. Bibb,
William Bladdedga, John Blahe, jr., Thomu Blonnt,
John Bojle, Rnbeit Brown, William A.Burwell, Wil-
liam Buller, Jowph Calhoun, George W. Cam^ell.
John Campbell, Epaphrodiliu Champtao, Martin Cbit-
(eaden, MatlheiT Clay, John Ctopton, Orchard Cook,
John Culpeper, Uichard Cutti, Bunuel W. Dana,
John Davenport, jr., John Dawion, Joaiah Deane,
Joseph Desha, Duiel M. Dorell, Jamea ElUol, WUliam
Ely, John W. Eppei WiUitm Pindley, Jamea Ftek,
Me^ack Franklin, Pranni Gardner, Jamea M. Gar-
nett, Thomaa Gholean, jr., l^eterson Goodwyn, Edwin
Gray, lauah L. Green, J<du) Hirria, John Heialer,
William Hehoa, WilUan Ho8^Ja■n«ar Holland, David
HotiaM, Reuben Humphreya, Daniel Ilitey, Jabn G.
Jackeon, Richard Jacluon, Hobert Jenkini, Walter
Jonea, William Kirkptlrkk, John Laiabert, Edward
St. Loe Livarmora, Edward Llojrd, John Love, Na-
thaniel Macon, Robert Mafutn, Joeiah Hasten. Williain
McCreery, William Mtlnor, Daniel Montgomery jun.,
.John Monlgomery, Jeremiah Mono», John Morrow,
Jonathan O. Moaely, GurJon S. Mumford, Roger Nel-
aoD. Tbomaa Newbold, Thomaa Newton, Wilson C.
Nlcholae, Timothy Pitkin, jr., John Porter, Josioh
Qutncy, John Raedolph, John Rei of Pen nay linn !a,
John Rhea of Tennaaaee, Jacob Richarde, Mittbiaa
Sichardi, Bamuel Riker, John Susaell, Brnjamin Say,
Ebenezer Beaver, Samuel Shaw. Jamea Sloan, Denuia
Smelt, John Smtlie, Jedediab K. Smith, John Smltb,
Henry Southard, Richard Stanford, William Stedman.
Clement Stnrer, Lewis B. Sturgea, Samuel Taggart,
Benjamin Tallmadge, John Taylor, John Thompton,-
Abram Trigg, George M. Traup.Jabct Upham, Jamee
I. Van Aleo, Archibald Van Horn, Kiliian K. Van Rena-
••faai, Daniel C. Verplanck, Robert Whitehill, Uaac
Wilbour, David R. Williama, Alaxattder Wilaon, Na-
than Wileon, and Richard Winn>

Nat — AJam Boyd.

Mr. RAjfoouPH ib«n modified hia rHolwion so
•• I4> read as followe :

Setohed, That the Injnnction of ■eerecy impoaedon
the communicalion Iram our reapective Miniaten tX
Paria and Jjondon, which accompanied the Preaident'a
Meaaage of (he eighth inatant, be taken off, with the
exception of the extract of a letter from General Arm-
strong to tha Secretary of State, dated Paria. December
twenty-aeventh, one thouaandeigrbt hundred and aeYeo.

And oa the question that the Muuae do agree
to the same, it passed ia ibe ■epuivc— yesa 91,
na)rs82, aafollowt:

Yt*a— John Campbell, Epaphroditaa Champion,
MartlQ Chittenden, John Davenport, jr., Daniel M.
Dorell, William Ely, Jaiaea M. Garnett. Edwin Gray,
John HarHa, William Hoge, Richard Jackaon, Joaeph
Lewi^Jr^ Edward St. Loe Lifernore. Edward Lloyd,
Halhanial Maeon, Joaiah -Maalera, Williain Milnor,
John Morrow, Jonathan 0. Moady, Roger Nelaon, Je-
Btah Quin^, John .Randolph, Ji^ BnwU, SamiHl

Shaw, WUliam e
Trigg, Jabez Upham, HMm K. Vu 1mi|
vid R. Wiliiams, aod Nathan WiUml
Naia— Lemoal J. Alaton, WUiii Okk. ,

Blount, Adam Boyd, John Bajk, BoliBilir ;
liam A. Burwall, William Billa, J«^ .
Jobo Clopton, Orchard Co^ JohiCnlfiit.
CuttB, Samuel W. Dana, Jdm Davublii.
Joaeph Deeba, John W. Eppca, Wiffiu J. .
Fisk, Meahack Franklin, Frurit Gniit ,
Gbolaon.jr., PotoraonGoodwjo.lBiiiLt' i
Heiater, WiUiaro Heinu, Jaa. Eatiuilli':.
Benjamin Howard, Raaben HiraplHni.hL'
John G. Jackaon, Bobeit JeiAiN,WiiMlr
lian Kirkpalrick. John Laabot, Brimb
liam McCreeiy, Duiiel Hmt|«mtn.jr.ii>
gomery, JeramiBh Morrvw, GiirJin S. Nest
Newbold, Thomaa Newton, VfiimC.Vna'
olhy Fi(kiB, jr., J<J>A Pertei, Jotmbi-hi
Taoina. John Rhea of TenMH, keL
Mattbiaa Richarde, Beajaoin Sij, Elwr*
James Sloan, Dennis tfanell, Juki aalLA^
Smith, John Smith, HeniySiMlM^'
fold, Clement Storer, SaBinri Tsfpii, fcc
madge, John Taylor, John Tbnafa '<'•
Troup, James 1. Van Alen. ArehiWJ TnJ-
iel C. Verplanck, Jesse Whirloa, fi^^'
baac Wilbour, Alexander Wilwn.utlli -

Another motion was ihta art!' ■;
DOLPH. tliat ilie Hoaae doeuui'^ -
reKoluiion:

Rooked, Tbat tha injnncli« tfaw"',
it relates to the substance ef Ihe aaif- ■
our rcapcctlve MinLsleia at Psrii !=*"_-_,
accompanied the Preaident'a Hi^''^
inatant be tahen off.

And ott the question ihit i''*^'^
proceed to lake the sfltoe into »**-■
adjournment was called for,aiwiBn-^
the House adjourned uaiiJ IWW«"^
eleven o'clock.

The House being clWrrfofilir*;
llie memhars and ihe CierM''*' -

propoaed by Mr. R*h*OLPB,*
ing yeatAdar, at the time of -'
again read, in (he words folli

RaehHd, ThattheinjnnctioBOl^^,
telalei lo the subatsnce of (*• ^"^^.t-
our reepectire Miniatenat Park •»"Jt.^
aecompaniml Ibe Pr««de»l'a ^^.^^
■unt,b« Uken off, with ^*"^^^'
of a IbU^ from Oeooral Ara***"^*a
8uie,dalad tarie, Deeeaibia twml)-*"
aaad eight handled and aeieii. ^^1

The queslioD vu lakM iW "' 7,< ■
praoeed to the farther eoBiiwn"*
and resolved ia lb« affirmili'"- ^,

Mr. Rakbolph, lh«ii, "»'' '^'.Zlf.'
Hauae, withdreVthe W ««'&
Clerk's labte; wbefeuiwi, ' «i"'"V^ ::
byMr.MAOON (hai iht H««^"* ,
fotloving moloiioD! j^^\

" " " That 4» MJ""*" '

.yGoogIc

HISTORY OF CONOEBSS.

16D8

SuppUmenlal Joumat,

■ fiODi tha pKndant, bam onr
icipective Mtnuten tt Pkris and London, be UIlod
off, and that the sama be pablMed, with the aiception
of the eitract of a UUer bota General Armilrong to
the Secretary of Blute, datnd Paris, twent;-BeTen& of
December, one thouaand eight bandred and leien. .

And OQ the quesiioa that the House do agree
to the same, it passed in the oegftiive — yeas 29,
nay* 82, as followi :

YiAS — John Campbell, Epaphioditos Ohampion,
Martin Chittanden, John DaTanport, jr., Daniel M.
Duratl, Wilhatn Ely, James M. Garoetl, Edwin Oraj,
John Hnrrii, William Hoge. Richaril JacLsoa, Jnaeph
Lewis, jr., Edward SU Loe LiTeimare, Edward Llojd,
Nathaniel Macon, Josiah Masters, John Morrow, Jon-
•tban O. Moselj, Roger Nelson, Josiah (Joincy, John
Randolph, John RdsmII, Bamnri Shaw, WiUism Sted-
tBsn, Lewis B. Sturgas, Abnun Trigg, Jabn Dphadi,
Killtan K. Van KansMlaer, and David R. Williams.

NAra— Lemuel J. Alston, Willis Alston, jr., EMkiel
Baoon, Dand Bard, Jowph Barlieri Williioi W. Bibb,
William Blaekledge, John Blake, jr., Thomas Blonnt,
Adam Boyd, John Bojie, itoberi Brown, William A.
Barweli, William Butler, Joseph Calhoun, Matthew
Claj, John Cloplon, Orchard Cook, Jobn Culpeper,
Richard Cntta, Bamuel W. Dsna, lotm Dawson, Joaiah
Dsane, Jofepb Uoiha, James Elliot, John W. Eppes,
William Findley, James Pisk, Meabaek Franklin,
Thomai Gbolson, jr., Peteraon Goodwyn, Iniah L.
Green, John Hetsler. William Helms, James Holland,
Benjamin Howard, Renben Humpbrvys, Daniel ible/,
John O. Jackson, Robert Jenkins, Richard M. Johnson,
John Lambert, John Love, 8i>bsTt Mai^, William
McCreer?, William Milnor, Daniel MoDlgomary, jr.,
Jsfan Mentgoaeij, Jeremiah MorrOw, Gurdon S. Mnni'
ford, Thomas Hewboid, Thoinas Newton, Wilson C.
nicholas, Timothy Pitkin, jr., John Raa of Fennayl-
Tsnia, John Rhea of Tenneawe, Jaeeb Richards, Mat-
thias Riehards, Samnel Rikrr, Benjamin Say, Ebene-
in SecTer, James Sloan, Jatiti Bmtlie, Jedediah K.
Smith. John Smith, Henry Southard, Richard BtaDford,
(tenant Surer, Peter Swart, Samuel (TaggaTt, Benja-
lain Tallmadga, John Taylor, John Thdmpson, Qeorga
M. Troop, Jama* t. Van Alen, Arehibiikl Van Horn,
Dsnial C. Verplaaek.Jeasa Wharton, Robert Whilehill,
Isaac Wilbonr, Nathan Wilson, and Richard Winn.

A tnotioQ was then made by Mr. Randolfb,
that the House do come to the (ollawiag reso-
lation :

Sttobud, That tha injonetion of aacre^, ao br as
it rdatea to the substance of tha comnunications from
our respectiTe Miniatets at Paris and London, which
accompanied the Preaidenl's Message ef tho eighth in-
stant, be taken off, with the exception of the extract of
a letter fmm General Armatrang to the Secretary of
Bute, dated Paris, Deoembec^ twonty-serraiUl, one
thousand eight hundred and seTen :

And ibe queatiou beiug tabea thereupon, it
MMed in the negatire — yeas 39, nays 67, as fol-
lows : •

Tais — John Campbell. Epaphroditus Champion,
Martin Chittenden, John Culpeper, Samuel W. Dana,
John DaTenport, jr^ Daniel M. Durell, James Elliot,
William Ely, Ba rent Garden icr, James M. Garnelt,
Edwin Gray, John Harris. William Hoge, Richard
Jackson, Robert Jenkina, Joseph Lewis, jr., Edward
Sl Loa Lirermore, Edward Lloyd, Robert MarioD,
Joaiah MBstsn,Wm. Milnor, Jonathan O.Ho*aly,Qnr-

doD S. Mumford, Tfmothy Pitkin, jr., Josiah Quincy,
John Randolph, John Russell, Richard Stonlbrd, Wit
liam Btadmiui, Lawii B. Starges, Feter Swart, Sam-
uel Taggart, Benjamin Tallmadga, Jabn Upham, Ar-
chibald Van Horn, Killian K. Van Renaaelaar, David
R. Williami, and Nathan Wilson.

Nils — Lemuel J. Alston, Willis Alston, jr., Eie-
kiel Bacon, David Bard, Joseph Barker, William Blacb-
lodge, John Blake, jr., Thomas Bloant, Adam Boyd,
John Boyle, Robert Brown, William Butter. Joseph
Calhoun, Matthew Clay, John Clopton, Orchard Cook,
Richard Cutta, John Da'wson, Joaiah Deane, Joac{^
Desha, William Findley, James Fisk, Meshack Frank-
lin, Francis Gardner, Thomas Gholaon, jr., Peteraon
Go«dwyn, Isaiah L. Green, John Heister, William
Helms, James Holland, Renben Humphreys, Daniel
Ilsley, J^n G. Jackson, John Lambert, Nathanid
Macon, William McCreery, Daniel Montgomery, jr.,
John Montgomery, Jeremiah'Morrow, John Morrow,
Roger Nalaon, Tbamaa Newbold, Wilson C. Midiolaa,
John Raa of Pennsylvania. John Rhea of Tenneaaee,
Jacob Richards, Matthias Richards, Bamuel Riker, Ben-
jamin Bay, Ebeneier Beaver, Samuel Shaw, James
Sloan, John Smilie, Jedediah K. Bmitfi, John Smith,
Helfry Southard, Clement Storer, John Taylor, John
Thompson, Abrara Trigg, George M. Troop, James I.
Vai> Alen, Daniel C. Terplanek, Jesse Whartaa, Rob-
ert WhitahiU, Isaac WilbouT, and Richard Wion.

FBroAV, November 25.

The House being cleared of all persons, except
the mamb«rs and the Clerk, a motion was made
by Mr. Randolpb, that the House do come to
the folluwing reftolaiioo :

" That the Secret Journal bo published,"

The que:ilioD was taken that the House do dow
proceed to coDsider the said proposed reaolutiOD,
and was resolved in the amrmaiive — yeas lOI,
nays 16, as follows:

Yats_Witlia Alston, jr., Eiekiel Bacon, Joseph
Barker, Burwell Bassett, William W. Bibb, WiUiam
BlBckledge,J<^ Bloke, jr., John Boyle, Robert Brown,
William Butler. Joseph Calhonn. John Campbell,
ppepbrodilus Champion, Martin Chittenden, Maldiew
Clay, John Cloplon, John Culpeper, Samuel W. Dana,
John Davenport, jr.; John Dawson, Joseph Desha,
Daniel M. Durell, James Elliot. William Ely, John W.
Bppea, Jame* Piak, Meshach Franklin, Barent Garde-
niar, Francis Gardner, James M. Gamett, Thomas
Gbalaon, jr., Peterson Goodwyn, Edwin Gray, John
Harris. William Hoge, James Holland, David Holmes,
Benjamin Howard, Daniel Ilsley, John G. Jackson,
Richard Jackson, Robert Jenkins, Richard M. Johnr-
son, Walter Jones, John Lambert, Joseph Lewis, jr.,
Edward St. Loe LIvermore, Edward Lloyd, Nathaniel
Macau, Robert Marion, William IfcOreery, WiUiam
Milnor, Daniel Montgomery, jr., John Montgomery,
Jeremiah Morrow, John Morrow, Jonathan 0. Hoaely,
Gurdon B. Mum ford, Thomas New bold, Thomas New-
ten, Timothy Pitkin, jr, John Porter, Joaiah Quincy,
John Randolph, John Reaof Pennsylvania, John Rhea
of .Tenneaaes, Jacob RichirdB,Mtlthiai Ricbardi.Sam-
uel Riker, John Russell, Benjamin Bay, Ebenezer
Seaver, Samuel Shaw, James Sloan, Dennis Smelt,
Jedodlah K. Smith, John Smith, Samuel Smith, Henry
Southard, Richard Stanford, William Sledmsn, Cle-
ment Siorer, Lewis B. Storgea, Peter Swart, Samuel
Tafgatt, Benjamin Tallmadge, John Taylor, John

.yGoogIc

1699

mSTORT OF C0N0KBS8.

Supplemental Journal.

TbompMii, Abnm Trin- Qco'S« M. Troup, Jabei
Upbim, Jtmci I. Van Alan, Philip Van Cortlandt,
Arcfaibatil Van Horn, Kitllan K. Van Reowelacr, Dan-
ill C. Verplanck, Jeim Wharton, laaac Wilboar, Da-
vid R. WilUama. Ateiindn WiUon, and Nithan
Wibon.

NiTi—Lamuct J. Alalon, Davia Bard, Thomai
Btount, Adam Boyd, Orchard Cook, Richard CutU,
Jodah D«ane, William Findlej, laaiah L. Oram, John
Heiater, William Helmi, Reuben HnmphrBiri, Wilnn
C. Nichotaj, John Bmilie, Robert Wbitehill, and Rieh-
ud Winn.

TbequestioD waa then taken tbat ihe House
do agree lo ihe aaid resolution, and resolved io
Ibe affirmative — yea» 95, nays 23, ai follow* :

YaiB— Willia Alaton, jun., BMkie! Bacom Joaeph
Barker, Burwell Bawtt, William W.Bibb, William
Blackledge, John Bl&ke, jr., William A. Burwell, John
Caupbell, Epaphroditua Champioui Martin ChiUen-
den, Matthew Claj, John Cloptoa, John Cnlpeper,
Biehard Gatta, Bamuel W. Dana, John Davaaport, jr>,
John Dawaon, Joaeph Deaha, Jamaa Elliot, William
Elj, John W. Eppw, Miihack FruiUin, Barent GaT>
daniar, Fraocla Qard&er, Jamea M. Gamett, Tbnna*
Gbolaon, jr., reteraon Goodwin, Edwin Oraj, John
Hania, William Hoge, David Holmea, Benjamin How-
ard, Daniel Hale;, John G. Jickaon, Richard Jaekaon,
Robert Jeokini, Richard M. Johnaon, Walter Jonea,
William Kirkpatrick, John Lambert, Joaeph Lawia,
jnnior, EdwarJ 8l Lm Liveraiore, Edward Lloyd, Na-
ihanial Macon, Robert Marion, Joaiah Maatera, Wil-
liam McCreery, Daniel Monlgomerj, jun., John Monl-
Cmary, Jerelniab Morrow, John Morrow, Jonathan O.
oaelj, Gurdon 8. Miimfbid, Roger Nelaoai Thomaa
Nawbold, Tboma* Newton, Timotb; Pitkia, jr., John
Porter, Joaiah Quincy , John Randolph, John Raa of
Pennaylvania, John Rhea of Tenoeaaee, Jacob Ridi-
•rda, Matthia* Richards, Samnel Riker, John Rnaaell,
Benjamin Bay, Bamuel Shaw, Jamea Sloan. Jedediah
K. Smith, John Smith, Samnel %nith, Hanrj South-
ard, Richard Stanford, William Stsdman, ClemBnt
Storer, Lewia B. SInigaa, Peter Swart, Samuel Tag-
KBit, Beujanin Tallmadge, John Tbompaon, Abram
Trigg, George M, Troup, Jabea Upham, Jamea I. Van
Alen, Philip Van Cortlandt, Archibald Van Horn,
Killiao K. Van Renaaelaai, Daniel C. Verplanck, Jaan
Wharton, Imu Wilbour, David R. WiUianis, Alexan-
der Wilaon, and Natfaaa Wilyu).

Naii— LemuelJ. Abrton, David Bard, Tboa. Btount,
Adam Boyd, John Boyle, Robert Brown, WiUiam BM-
br, Joaeph Calhoun, Orchard Cook, Joaiah Deane,
Daniel M. Dnrell, William Pindley, laaiah L. Green,
John Heiitar, William Halm^ Jamea Holland, Wilvin
C. Nicholaa, Ebeneser Seaver, Dennia Smelt, John
Smilie, John Taylor, Robert Wbitehill, and Richard
Winn.

A motion wai tiwd« by Mr. D. B. Wiu.iim,

ibat tbe Home doeonte (o tbe followiog reso-

Saolved, Tbat the injuaetion of aecreey impoaed
on the Ictleri and extract! rrom our Miniatets at Pari*
and London, accompanying the Meeaage of the Pmi-
dent of tbe United Sutea of the eighth inatant, eicepl
the letter of Mr. Annatroog, of the twenty-eeienth of
December, one thonaand eight handred and aevcB. and
the worda contained in the parealheaia of Mr. Pink*
nay'a letter of the twanty-aixth of Janoary, one thon-
aand eight handred and eight, be raiaavad .

Tbe question was taken tbt( tbe Houk agree
(0 the said proposed resoluiion, and piued in the
negative— yeas 43, Days 72, as follows:

¥■18— BorweU Baaaett, John Campbell, Epapfam^
dilua Champion, Martin Chittenden, John Colpeper,
Samuel W. Dana, John Davenport, jr., Daniel H. Do-

William Hoge, Bicbanl Jackaoo, Joa^ih Lewie, jr.,

Edward St. Loe Livermore, Edward Loyd, Nathan-
iel Macon, Joaiah Maatera, John Morrow. Jonathaii O.
Moaely, Gurdon 8. Mumftnd, Roger Nalaon. Timothy
Pitkin, junior, Joeiah 4)uia<7, John Randolph, Samuel
Hiker, John Rnwell, Samuel Shaw, Samuel Smith,
William Btedman, LewU B. Mturgea, Peter Swart,
Benjamin Tallmadge, Abram Trigg, Jabei Dphain,
Philip Van Cortlandt, Archibald Van Horn, Killwn K.
Van Renaaelaer, and David R. WOUama;

Hiia— Lemuel J. Alaton, WilUa Alalon, jr.. Ess-
kiel Bacon, David Bard, Joaeph Bstfcar, William W.
Bibb, William Blackledge, Jo^a Blake, jun., Thoma«
Bloont, Adam Boyd, Robert Brawn, William A, Bur-
well, William Bntler, Joaeph Calhoun, Matthvw Clay,
John Clopton, Orahard Cook, Richard Catia, Jobn
Dawaon, Joaiah Deane, Joaeph Daeha, WilUaa Find-
lay, Meahaek Franklin, Francia Gardner, Thomaa
Gbolaon, jr., Peteraon Good wyn, laaiah L.Gnen,)aiha
Haiatar, Wa. Hohna, Jamea UoUand, David Uolmaa^
Benjamin Howard, Ranbea Humphreya, Daniel tMaj,
John G. Jackaoi^ Robert Jenkina, Richard M. Jidmaon,
Walter Jones, Wilham KiApatiick, J<An LamboV
Bobeit Marion, WiUiam McCrearj, William Hibior.
Daniel Montgomery, jr., John Montgomery, Jetmii^
Morrow, Thomas Newbold, Thomaa Newton, Wiboa
C. Nicholas, John Porter, John Rea of Pcnn^lvania,
John Rhea of Tenneaaee, Matthias Bichaids, Benjamin
Ssy, Ebeneier Seaver, James Sloan, Deniui Smelt,
Jobn Smilie, Jedediah K. Smith, John Smith, Henry
Southard, Ridiard Stanfbrd, Clement Storer, John
Taylor, George M. Troup, Jamea I. Van Alen,Daiud
C. Verplanck, Jesaa Wharton, Robert WhitahOI. Isaac
Wilbour, Alexander Wilaon, and Richard Winn-

Oo motion of Mr. Macon,

Ordered, That the SacNt Joatnal of this daf
be pnbliibed.

.yGoogIc

APPENDIX

TO THE HISTORY OF THE TENTH CONGRESS.

[SECOND SEasioN.]

OHBAT BRITAIN.

[Commnnicatod to Ooagiem, NoreabarS, 1808, Jan-

uajj 17 and 80, 1809, and Jane IS, 1S09.]
7b tHe Senate and Hoate of

Sepmentalivtt of the Xhated Stalea.-

I CommuDieateto Congress cerlaia letters which
passed between Mr. CanniDg, the British Secre-
tary of State, and Mr. Piokaev, our Mioisler P!e-
Dipotealiary at London. Wbeo the documents
coDcernine 'be relntiona between the United
Stales and Oreal Britain Were laid before Con-
gress, at tbe com men cement of the aesaion.ibe
aOHwer of Mr. Pinbrief to the letter of Mr. Can-
ning had not been raceived, and a commuoicitloD
of the latter bIddc would have accorded neithei
with propriety nor the wtihes of Mr. Pinkney.
When that answer afterwards arriied, it wascoQ-
fidered that as what had passed in conversation
had been mperseded by the writieo and formal
correspondence on the subject, tbe rariaaee
the statements of what ban verbally passed was
not of sufficient importance to be made the i
ler of a distinct and special communication;
letter of Mr. Canuing, however, having lately
appeared in print, unaccompanied by that of Mr.
Pinkney in reply, and having a tendency to make
impreasions not warranted by tbe slaiemenis of
Hr. Pinkney, it has become prober that tbe whole
should be brought into public view.

TH. JEFPKRSON.

Janvabt 17, 1809.

I iransmittoCongressa letter recently received
from our Minister at the Court of Sl James, cov-
ering one to him from the British Secretary of
Btate, with his reply. These are communicated,
as forming a sequel to the correspondence which
accompanied my Message to both Houses of the
17ih instant.

TH. JEFFERSON.

JaiiC4RT 30, 1809.

7b tht SmaU of tlu Vnited Slattt .-

In compliaijue with the resolution of the Senate
of the 13th instant, I transmit extracts from let-
ters from Mr. Pinkney to tbe Secretary of Stale,
accompanied bv letters and communications lo
him, from the British Secretary of Slate for the
10th Cov. Sd SxM,— 51

Slate, a

Foreign Deputmenli all of which have been re-
ceived here since the last session of Congress.
To these documenisare added a communica-
just made by Mr. Erskine to the Secretary of
e. and his answer.*

JAMES MADISON.
Jdhe 15, 1809.

Extract— The Secrataiy of State to Mr. nnknej, Hin-
itter of the United Stalfi at London.
Depirthemt or State, AforcA 8, 1808.

Having jaat learned that the preswi mail will
arrive at New York in lime for the British packet,
I avail myself of the opportunity of forwarding
your commission and letters of credence, as suc-
cessor to Mr. Monroe, in the legation at London.

Since my last, which went by Mr. Nonrae, ja
a despatch vessel, bound first to L'Onent, and then
to FalmoDiJi, 1 have received your eommunica-
tions of the 23d November, and of — December.
, These, with a representation from General Arm-
strong to the French Government on the sobjeel
of the decree of Berlin, as expontided and en-
forced in the case of the ship Horizon, wer*
thooght by tbe President to throw so much light
on tbe course likely to be pursued by Great Brit^
ain and Franca in relation to llie United Stalea,
that he bad thie docameoit eonfideDtially laid be-
fore Congress.

Mr. Ertkine haa made a written commnDica'
tion oD the subject of the British orilera. I shall
answer him as loon aa the very urgent busioeai
on hand will permit.

Mr. Madison lo Mr. Pinkney.
Defibthent of State, March 29, 1808.
My last bore date the 8th instant, end went bf
the Briiisji packet. It acknowledged your letter
of November 23d, and — December. I bare sinca
received those referred lo in the latter, and, alao,
that of January 2b, which came lo hand la*t

Dot enclose my answer to Mr. Erskine^a
nicBiioo of the British order*; the un-
ceasing pressure of other matters, on a state of
health mill feeble, having thus far delayed it.
Yuu will anticipate the complexion which will

.yGoogIc

1«0S

SelatioM vUk GrtaX Britain.

necetiarily be giren to it by the character of
neatum, not onlj violalingi our rights, and slab-
hiag our inicrmii, but sup^addiog, uoder tbe
BBnie of indutgencea, A blow at our nalioaal in-
depcDdcBce, anda mockery orourundentaDdiDgs.

EzlTa«t — Mr. Hadiion to Mr. Pinkn^.
DiPABTMBHT Or Stiti, April 4,1808.

Sis : My list was of Uarch 22, aod weal uQder
the care of Mr. Rose. I now forward prioled
Copira of ihe correKpondeQce wiih him on the
■uhject of his mission, and of the anteredetit doc-
umenti. relating to the case of the Chesapeake.
As soon IS Ihe Toluminoui residue of the coro-
nmnicilioas made to Congress issues from tbe
prrss, it nhall also be fomarded. You will Gad
that they include certain documents relating to
France, which were thought proper for the koowl-
cdae of Congress at the present crisis.

To ihoM com muni nation a 1 add copies of Mr.
Erskine's letter to tne on the subject of ibe Brit-
ish decrees of November last, and of my answer.
And ihat yon may hare a view uf the ftrnund
which has hren taken with respect to the French
decree of November, 1S06, and to the judicial
eipohiiion in tbe ease of the Horizon, giving lo
it an illegal operation againat tbe United States,
I enclose copies of two lelteis (o General Arm-
■trong on ihate subjeeis.

Tbq President made lo Congress, a few day*
■go, oilier com ntUD leal ions relaiiog to the present
criiis with Great Britain and France, among
which were Mr. ErRkiae'H letter, now enoloaeJ,
and a leltec from Mr. ChampagDy,to Genaral
Armstrong, eiplaining ihe course meditated by
tbe French Gniernment with [psprcl (o the com-
merce of the United Statra. These being ex-
cepted from the conSdetttial character attached
to the others, have been published, and will be
found among ihe printed enclosures. Tour letter
of February 36 vaa enclosed in the communica-
tion to Congress, but not ia the exceptinn.

The conduct of the two great contending na-
tions towards this country, as It will now appear
to it, and to the world, fully displays their maiual
efibria to draw the United State* into a war with
their adversary. The efforts on boi^ sides ara too
little disguised to be worthy thadiscirnmeni of
either, and are addreased, moreover, to motives
which j)roTe great ignorance, of the character of
the United Staio.and, indeed, of humnn nature.

From the pnsiure in which Mr. Rose's final
reply to the compromise proposed to him placed
tbe question of adjuhiment in the ea<e of the
Chesapeakf, it remains with tbe Briti.th Qovern-
■neni to resume it, if ndjuslmeni he their object.
Whether a tender of reparation will be made
here, or lo you, will also lie on that side. Il will
certninly be most hecominj thai Government,
tinder all circuro!<taace!<, lo make the reparation
btre; and this couriie might, of right, be iDsisled
on by ihis Qorernment. The Prexident, oevfr-
thelei^i, in Ihe liberal spirh which always governs
him, authorizes you to accept the reparation, pro-
vided it be Mndered apoDtaneoasly, be charged

with 00 condition, unless it be that, on the receipt
of the act of reparation here, the proclamation of
July 2d ttiall be revoked ; aod provided the rep-
on shall add to the disavowal of ihe attack

stored, and that the gniliy officer esperience a
iplary punishment. The reparaiian will be
ncre satisfactory, and not eiceed a jusl ex-
pectation, if the rettoratioD of the hnmen be
made to the very ship from which tbey were
wrested, and if provision be made for the wound-
ed survivors, nod for (he families of ihoae who
lost their Lves by the attack.

I must repeal, however, that it is considered
entirely proper thai the reparatioD should be of-
fered here, rather than in London ; and it is ooly
in the event of a decided repugnance Id ibe Brit-
ish Government lo nuke it through a functionary
here, that you are lo accept it there.

The answer to Hr. Erskioe's letter on the Brit-
ish orders will furnish the grounds to be taken in
your communications with hi* Government on
that subject. If the Cabinet can be brought to
view tbe orders in thdir Irue light, a revocation of
the whole of them cannot fair to take place, un-
less ihey mean to violate every maxim of justiccL
or are fixed in hostile purposes against the Uniiea
~ ■ ' ;garding the o(der^ indeed, as

pealed, tbe United States hare given the i
signal proof of their love of peace, and of their
desire to avoid an iolerruptiop of it with theBiit-

Siitl. il is to be understood, that whilst tbe in-
sult offered in the attack on tlie American frigate
remains uneipiated, you are not to pledge, or
commit your Government Id coasider a recall of
the orders as a ground on wb ich a removal of the
existing resiriciioas on the commerce of the Uni-
ted Slates with Great Britain may be justif
expected.

The two letters lo General Armstrong of S3d
May, 1807, and February 8. 1808, are nroofii of
the sincerity and itapartiality with wtiieh tbe
President has proceeded in relation to the bellig-
erent parties, aod may, perhaps, assist you in te-
pressing nojust suspicioos imbibed by the Brlttsk
Cabinet. It woulo be happy for all parties;, the
belligerenl as well us tbe United Stales, if truth
could, in this case, be made to prevail, and if tbe
reialiniing; rivalship of the former aseiost ibe
latter could be converted into an emulation, as
political it would be magnantmons in both, to
take Ihe lead in a fair, lawful, and conciliatory
course towards a nation which nasdone no wrong
to either. Should the expcriraeni be made oa
either side, it would probably, be followed on tbe
other, and it could never happen thit the side
first doing justice would suffer on that accoaot.

In tbe present state of our relaiioba lo Great
Britain, it would be premature to tnark out the
course to be pursued with respect to further nego-
liations on other topics than those above noticed,
Tou are authorized, however, to continue your

.yGoogIc

1605

APPENDIX.

Ift06'

station mih Omt Britaitt,f

interpaciiioas id behalf of our impTesaid or de-
Uin^il iPBinni ; uid, in tbe event of s repeal of
the British orders, and of ratintactorf pledges for
repairing the aggrGmion od the Cheaapeafce, to
eoier into iDformal arianfeineDls for abolishing
im press me nil altoeelher, and rautaally din:onlin-
uing to recoire ine seameB of each other into
either militarjr or merehaat lerrice, eon form ably
to the in^ttructioDEon ibi» point transmiiied br
Mr. ParTJaace.

You will find, bf a paiHge in Mr. Roae'a replf
of March 17, thai ibo British QoTeroment doe«
not matDtiin the princifJe that the obligation of
the United Slates extends beyond ilie discharge
of deserters from th£ir public service; and, by
an order of the Navy Depanment here, alreadr
carriedintoesecolion, of which acopyisenrlosed,
that it has lately been decided that no foreign sea-
mea, whether deserters or no^ shall serve on board
our ships of war. The prioeiples respectively
manifested hy these documents ought to faetliiaie
sDch an adjosiment as is eoateoded for by the
United States.

VU. Hadlson to Hi. Pinknej.
Dbparthbnt op STiTB,.AprH 30, 1808.
My lilt waa of the 4th instant, and went by a
British packet from New York. I now forward
a copy of it. Congress ended their session on iha
night of the 25tfa initani. Tbe ssriei of news-
papers herewith tent affords a view of their ;»'0-
ccedings aubscquent to the ooniiBUQieations toai
made to you. Soma other points are included,
which throw light on the workings of public
opinion and the aiaie of public aKiita.

You will find that the critical pmiareofoiirfo)^
eign relations has prodacet^proviaiftm of different
kinds for our greater security, and parlicularly that
DO pains have been spared to stop every task by
which the efibct of the anbnrgo laws might be
dimiqisbed. 1 refer you ahio to the report made to
the Senate, by acommiileeoB ih«docameatsreta-
tiog to the a^ir of the Chesapeake, and oa lh« let-
ters of Ur. Chamjiagay and Mr. Brskins; and in-
digatiog the spirit whieh niav be expected to hi-
Buencc the future policy of this conntry, if kept
ueder tbe exeiiemeat leaultiog from the ayatam
now pursued against it.

You will obwrve,at the same lime^ that whi lit
a d«terii)inRiioD is suEBoiently evinced against a
dishonorable acQuiesence in the despotic edicts
eafDreed on theliigb seas, tbe United States are
ready to resume their export trada, as sooo as the
aggressions on it shall cease ; and that, in a hope
ihst this misht happen during the recess of Con-
gress, the Praiidant is authorized, in »iich an
event, to suspend, in whole or in pari, the several
embargo laws.

Tbe eanditioDS on whiah the authority ii to ^e
exercised appeal equally to the justice and policy
of the tare great belliaerent Powers, which are
now era olMing each otnei in a violatioa of both.
The President counts on your endeavors to ^ive
to this appeal at^ the effect possible with the Brit-
ish QoTunmeni. Qaatru Armstroag will be

doin^ tbe same with that of France. The reia-
tiot) ID which ■ Mvccatioo of its unjust decrees
by either will place the United Siatei to the other
is obvious, and ought to be a motive to the roeaa-
nre, proportioned to the desire which has bsea
manifested by each to produce eoJIiaion between
itic United States and its adversary, and which
must be equally fek by each to avoid one with
itself.

Should the French OorerameBt (evoke so
mueh of ila decrees as violate dm neutral rights,
Of give ezplaoatiooa and BBsarances having the
like effect, and entitling it, iherefore, to a removal
of Ibe embargo a* it applies to Franca, it will be
intpoiBtble to view a persevctaaoa of Qreal Biil'
aia in her retaliating oiders in any other light
than that of war, wiifaoat even the pretext now
assaoied by her.

in order to entitle the British Oovernment loa
diseonlinuanoe of the embargo, as it affiles to
Qreat Britain, it ia evident thai all its decrees, aa
well those of January, 1807, as of November,
1S07, ought to be rescinded, as they apply lo the
United Slates, and this is the rather to be looked
for from the present Administration, as it has sa
strenuously contended that the dcerees of both
dates were founded on the same principles and
directed lo the tame objeat.

Should the British Government take this eourae,
you may authorize an expectation thai the Presi-
dent will, within a reasonable time, give effect to
tbe authority vested in him on the subjeet of the
embai^o laws, Shoold llie orders be rescinded
in part only, it must be left to his free judgment
to decide on the case. In either event, you will
loae no time in ttansmilting the information EO
this Department, and toOaneral Armstrong, and,
particularly, in the event of snoh a course twiog
taken by the British Ouvernment as will render
a suspension of the embargo certain or probable,
it will be proper for you to make the communica-
tion, by a courier, toOeneral Armiirong, to whom
a cortespondenl insirueiion will be given ; and, to
provide a special conveyance for it hither, uoleaa
British arrangeAenis shall present an opporia-'
nity equally certain and expeditieoi.

Extract— Mr. Pinkney to Mr. MadiKin.

hoHooH, May 9, IBOa.

[ had a convevsatioQ with M/. CaiwiiDS oa
Friday last, in cmtsequeaea of the ar<ivmlof tk«<
Osage.

As it was obviously expected ibat I should
seek an ioteiview with him, I west to Dgwninji ,
street on the 5th with ibat object. He had been
indisposed, and was not at his office ; but, in an-
swer to a note which I sent him In tbe evening,
he asked to see me aext day at bis house in Bni-

Tha Osage had for soma lime been looked for
with considerable anxiety, and tbe OovernmeDI
bad apparently anticipated a eommonicatioD (and
perhaps a proposal) of some importaooe from roe,
as soon as my despatches should be received. Aa
I faad,iiifact,nt)BainBaHniesttcm toii>ake,itateai-

.yGooglc

1607

APPENDIX

lUatiotu vith Gnat Britabi.

ed 10 be proper thit I should render the diop-
poiatmenl of a* liltle inomeDt as posiible, by the
matiDer of aonounring it, wilbout, howerer, put-
liog toythiDg lo hazard bjr an indticreel ruaai-
f«inlioD ofunDeceiPBrT solicilude. '

The lilile which I truppoMd it requiaite to tay
Ml ihja oceasion ajipeared to be Tery well receir-
ed ; and, if-ahf diaaKrecable impreiaion was lefi
00 the miod or Mr Canning, it certainly wai not
viwble. A reeling of regmwas perhn pi percept-
ible, and a hope waa intimated that the time wai
SOI far diitant, wh«) I should be eaabled to do
what at proMDt wai onl of mj power ; but noifa-
JDg occurred which could be eonitrued into a
ajnnptom of impatience, jealouiy, or diBniiEfrie-
iion. There was, undoubtedly, no real grauod
for aoyihing of the sortj but it was, noli ''
alanding, quite possible that the imporiBncc,
which it had become a habit to attach lo the ar-
rival of the Oiage, from oireumstances principally
•ceidentsl, might hare produced a diipoiitioi
think otberwiie.

I thought it adritable to malie use of ihts ,.
portuniiy (alihongh the topic was, iu many views,
mora delicate than it had been) to suggest ihi
propricir of yielding, as the moment was suffi
ciently lavorahle to such ■ course, npon the sub-
ject of the late Orders in Council, of which I '
■epn nothing lo cbange my original opio
There was reason to apprehend, however, that it
might be worse than ateless to press the tupgei
lion upon my owa authority merely, while I could
aay nothing of the French decrees ; and, accord-
ingly, I forbore to doio.

An idea has evidently gone forth, since the
OMge arrived, founded upon rumors of a daubtfnl
deaeriptioD, that our retaiions with France have
grown to be extremely precarious, and that we
are consequently about to come tu an understand-
inif of a very friendly kind with Great Britain.
It IS not improbable that the Oovernmetii has, in
aome degree at least, adopted thit id^a.

I have the honn- to enclose the copy of a noti-
fieatioD, recently received from Mr. Canning, of
tha blockade of Copenhagen and of the other
ports of the island of Zealand, which I hare cant-
ed to be communicated itt tbc usual manner to
our Consul* and citizens.

There being no particular inducement for d<.
Uiniog the Osage, Lieutenant Lewis, who will be
charged with my letters, will leave town the day
■Iter to-morrow ; and the ship will aail a* soon
utei be reaches Falmouth as pouible.

pieliiTrwI to in Mr. Pinkney'i daspatch, May S, ISOB.]
Mr. Canning to Mr. Pioknoj.

FoBEioH Oppicb, May 4, 1806.
The nnderaigaed, His Majesty'* principal Sec-
relary of State for Foreign Affairs, has received
Hi* Majesty's command to acquaint Mr. Pinkney,
that His Majesty has judged it expedient to es-
tablish the most rigorous blockade of the port of
Copenhagen, and all the other ports in tbe island
of Zealand. Mr. Pinkney ii therefore requested
to apprise ttie Americui Conanb and mcrobaoia

residing in England, thai the entrances of all tbe
port* above mentioned are and must be consider-
ed *s being in a state of blockade, and that fron
this time all (he measures auihoriied by the law
of nation*, and the teapeciire treaties between
His Majesty and the different neutral Powera, will
be adopted and executed with respect to all re*-
aels attempting to violate the said blockade after
this notice.

The undersigned requests Mr. Pinkney to ac-
cept the aaasrancea of his high convideratlon.
GEORGE CANNING.

Extract— Hi. Pinkney to the Sacretaij at Stat*.
LONnoN, June S, 1808.
I have the honor lo acknowledge the receipt of
your letter of the 4ih of April, by Mr. Bethune^
together with the printed and other copies of pa-
per* mentioned in iL

'ih Mr. Canning

pre>*, by every argument ih my power, the pro-
priety or their abandoning immediately their Or-
ders in Council, and of proposing in Amerira (the
only becoming course, as you very pruperlv sug-
gest,) reparaiion for (he outrage on the CbetM-
peake. I shall for obvious reason* do this, infoi-
mally, a* my own act.

Your unanswerable reply lo Mr. Erskinc's let-
ter of the S3d Febcnary has left nmhing to be
urged against the Orders in Council upon ttia
score of right j and there may be room to bope
That the eBeci, which that reply can hardlv have
failed to produce upon Mlnislerfl, as well by ita
lone a* by it* reasAiiog, will, iffollowed up. be-
come, under actual ciroumstances, decisive. The
diacDssion, which Mr. Rose'* prelimiaary in the
aSair of the Chesapeake has undergone, gives
encourogemeiri to an expectation that this Oov-
eromeni will not now be bat^ward to relinqniik
it, and lo renew (heir overture of satisfociioa in
a way more eoDsialcDt with reason, and more
likel 1 to produce a just and honnrmbte result.

Yon may beasanred that I will not commit our
Government by anything I shall door *ay, and
that, if 1 cannot make things beiterth«a they are,
I will not make them wone.
, M^ view of the coarse which onr honor and

the President ; but if it were olberwiae. I sbooU
make his view, and not my oWn, tbe rale of laj
conduct.

Eitiaet— Mr. Usdinn to Mr. Pinknej.

LoHooR, Jmte S9, 1808.
Thad a long interview this morning with Mr.
Canning, which has given me hopes that the ob-
ject mentioned in your tetter iif the 30th of Af^iI,
(a duplicate by the packet, for the St. Michael
has oat yet arrived.) may be aecorapltihed, if I
fhould authorize ihe expectation which tbe same
letter auggcals. Some day* mast dapee, however,

.yGoogIc

1610

lUiaiiona mth Gnat Briiain.

beftirE I WD ipeak with koyibing like cenaioiy
on Ibis RDbjeci. The Si. Michael will probRblv
have irrived before that lime, -aod will furnisn
me wiih an opportuaiiy of giviog you not only
the result but ib« deiaiU of nhti has pawed and
may yet occur. 1 beg you, in the mean lime, to
be auured ibat ih« inott effectual cue ahall be
taken to put nolbiog lo hiznrd, and to avoid an
improper commitnienl of our GhtrernmeDt.

I wa* quesiioned on ihe afiair of ihe Cheta-
peake. There werai la be a dispogitiuD here to
«on«ider iha amende honorabU as already made
and, in a greai decree, at least, by Mr. Rose'
missioD ; but i ani strongly inclined to think ihat
it will bot b« ai all difficult lo induce them to re-
more coofortnible wilb the View which you very
justly take of ihis interesiiogBubjeet. IwaslolJ
(it WB« not said officially) that ibe persons taken
out of the Chesapeake would be readily restored.
Tbe- puniihmeDl of tba officer (otherwiie than by
his recall, which has been done) will, perhaps,
form the greatest embarrassment; but I will en-
deavor to ascertain, informally, what will be done
on that and every other part of the case. My sole
obifCt will be, of course, to lead lhem,BaoccaiiDD
offers, fas fat as in my power.) to do wbal ihey
oaghi. IB the way most for our honor. 1 can th'
more properly do this now, as Mr. Canning ha
bimwlf proposed the subject to me, as iotimalei
above.

Extract — Mi. MadisDn to Hr. Pinkney.
Depakthent of Stati, July IS, 1S08.
Sir: Your coinmuDicaiioDs by Lieuieaant
Lewis were safely delivered on ibe eveaiog of
tbeSib inslant. A» it bad been calculated that
the interval between the relarn of Mr. Ro:
tbe departure of Lieutenant Lewis, would give
sufficient lime to the British Qoveramenl to dr
oide on the course required by the posture i
which the affair of the Chesapeake was left, il
ailente to you on that subject could not fail fu
eiciie the particular atteaiiOD of the President:
«Dd the appearance is rendered ibe more unfavor-
able, by ibf likB silence, as we learn from Mr.
Erskine, of the desMtcbes brought to him by the
packet which left Eogland, and arrived at New
York, al nearly tbe »me time wiib the Osage. I
have iniimaied to Mr. Erskine the impression!
made by this reserve, without, however, conceal
ing our hope that tbe delay doesnol imply & final
purpose of wiihbolding reparation, and that the
next eommunicaiions irom London wil
different imporL Tbey must at leait ascertain
the real views of Ihe British Qovernment oa this
inierestiag subject.

There was certainly no just ground for Mr.
Canning to expecl any particular commanica'
tioDt from yon on the arrival of (be Osage, unless
(bey should have grown out of such accounts
from Franeeas would second our demandsof jus-
tice from OresE Britain, particularly the tevoea-
tion of her Orders in CoDDcil ; and id imparting
to him what yoa did in that quarter, every proof

of eaiHlorwasgiven which the occasion admilttd.

If Mr. Canning was disippoinied because he did

not, receive fresh complaints against the Orders

Council, he ought to have recollected that you

d sufficiently dwell on their offensive features

the first instance; and that, as he had cboseu

make the formal communieaiion of them to

this. Qovernment through another channel, it was

through ihat channel rather than through yon

that answers to it would be most regularly

Tbe com mnn leal ion 8 and inslrnelioni forward-
ed by Mr. Purviance, who was a passenger in th«
Bt. Michael, will enable you to bring the British
Qovernment to a fair issue on the subject' of its
orders. If it has nothing more in view iban it is

illing to avow, it caonot refuse to concur in an
arrangement rescinding on her part the Orders In
Council, and on ours the embargo. If Francs
should concur in • like arranffemeol, the state of
things will be restored which, is the alleged object
of the orders. If France does not coaeur, tbe
orders will be better enforced by the continuance
of the embargo against her than ihey are by the
British fleets and cruisers ; aod, in the mean lime,
all the beneSis of our trade will be thrown into
the lap of Qreat Britain. It will be difficult,
therefore, to conceive anjr moiire in Qreat Brilr
ain to reject the offer which yon will have made,
other than tbe hope of induciBg, on tbe part of
France, a persereranee in her irritating policy
toward the United Stales, and on tbe part of the
latter hostile resentment* against it.

If tbe Briiish Government should have elected
the more wise and mure worthy course of meet-
ing ihe overture of the President in tbe spirit
which dictated it, it is to be hoped that measures
will have been taken in concert wilh you, and
through its Minister here, for hasteniog as much
as possible the renewal of the inte'rcontse which
Ibe orders and the embargo have liuspeoded ; and
thereby smoothing the way for other salutary
adiuatments.

It appear* ihat the British Government, not
saiisBed with ibe general blockade by ber orders
of November 11, has superadded a partiealar
blockade, or ratheradiplomalic notification of an
intended one, of Copenhagen, and the other port*
in the island of Zealand ; that is to say, a atriot
and legal blockade of the whole island. The
island cannot be much less than two hundrod
mile* m its outline, and is described as abaundi&g
in inlets. It is not probable, therefore, if it be
possible, that a blockade, within tbe true defini-
lion, should be carried into effect. Aod as all de-
fective blockades, whether so In the disproportion
of force to the object, or in the mode of notifln-
lion, will authorize fair claims of indemniilce-
tion, it is the more necessary that guarded answer*
should be given in such eaaes as heretofore sug-

Since the British order of —— eTidenily in*
Tiling oar citizens lo violate the law* of our coun-
try, by )»troniiing OD tbe high aeas iheir Tcssela
destiiDte of' registers and other necessary papers,
and iketefote necaasuUy amugglan if not piraicn,

.yGoogIc

1611

JLPFENDIX

/Mattoru wi'A Onta Britait.

tb« circular tcllar of Mr. HuRkixwii ba* inada iis
■)ipfai>oce. in wliich the Uiiiird SitiMareDamei)
a* a(ciDe viihin ihe piirvirw of ibe ordrr. A
fnore riiraordinary ripPiimrDt i^ perhaps, not
lo be foand in the annilt of modern iransaciloDi.
Ii in l^felled. morcorer, egainal a nation tavardi
which frienashif) ti profeived, a* well as i^intt
a law (be jualice and validiif of wbtch u not
COOt-tiled I and il »Ib ibe odioui eianple, id ihe
taee of the world, dirceily in oppoBiiion to all the
nrinciplca which ihe British QuTetnmeni has,
bi!f« proelaiiDinff lo it. What breoma* of ihe
«bir^ againil (ne Ufiiied States far receiving
Briiifh sebjecti who leave Ibeir own conolry,
«onttar]' to tfaeir BllegiBDcel What would be
the charge agaioit them if thejr were, bv proclB'
■lalion, to ioTile Briiiab nnbjecla, those too ei-
pfei-aly and patlicularly prohibited from leSTiog
their cDUDiry, to eliMs tbe prohibition i or to
tcmptj by interested iDdacemenia, a scnDfiftling
viKlalion or evaiion of laws, oo which OrealBiii-
•in foDods 10 material a part of her national pol'
ieyl In the midit of id many more importaDt
IDptes of dinaliirsciioD,tbis may not be worth a
formal represent a tioa. Bui it will not be amiM
to let ihstOoretnnieDt underttand tba lichl in
which the proeeedjng is regarded by thie. I have
■Ireidy touched on it to Mr. Erskine, with an
jminativD that I ihinild not omit in ii my olwer-

Tfae French decree, aaid lo have beeo isaiied at
Bayoone, baa mm yet reached thif country. Sooh

B decree, tl such a lime, hn

s aspect on

the relations of ibe iwo covfitries, and will form
ft kcavy item in our deinnnds of redress, It is
nucb to be regretted, at the same time, that any
of our veaiels, by negieeiing to return home, and
conforming lo the arbitrary regulations or one
belligereDi, should ezporc ibemielTcs to tbe arbi-
trary proeeediugB of auofher. So strong and
Ccneral an indignation seem particuliriy to pre-
vail hate agaioat ibt Amcricaos in Europe, who
are trading under British licenses, and thereby
Mcrificiog, M far as they can, the independence
of iheir country, ai well as frnslrslipg the laws
which were intended to guard American vessels
and mariners from tbe dangers iocidem to foreign
fiomiiierce, that their continuance in that career
ought to be frowned upon, and their return home
promoted in every proper manner. It appears, by
information from our Cootul at Tangier, that
frrai numbers of our vessels are engaged in a
trade between Qreal Britain and Spanish ports,
aoder liofnaes from Ihe former, and ibac ibe ei-
pcrimeet proves as udsucceaaful ai; it is dishon-
orable; the greater part of them being either
arreated in port, or by French and Spanish

Bitraet— Mr. Pinkncy lo Mr. Msdison.

Loudon, Augtut 4, 1608.

Tbe St. Uichacl arrived at Palmontb, on

Thursday the ]4tfa of last month, after t passage

of eight days from L'Orient. Ceplaia Eenyon

delivered me on Wednesday the SOtb, (upon my

arrival in tow a from Brighton, wkere I had beta
fiv a short time on account of my bealib,) your
letters of the 3Dth April, and your private kciici
of the 1st of May, together with ncwppapen,
printed copies of ihe embsiKo acl, and its supple-
menis, anil of papers laid before Congresaat their
last session. Mr. Hall brought me a letter fioat
Oeneral Armitrorgof tbe&6ih of June, (of which
I lend an extract,) and Mr. Upson brought mca
private Ittiar fr(>m him, wiib the followiag post-
script of ike Ist of July ; " An order has hem
received from Bayoaae to coademn eight other
ol our ships."

On Friday, tbe 22d of luly, I had aa interview
with Mr. Caniung, and renewed my eSerts to ah-
tain a revocation of the British orders of January
anil November, 1807, and of the other ordm <le-
pendeat upon ihem. 1 have already informed
you, in my private letter of the 39ih of June,
that, 00 the morning of it* date, I bad a long
convetialton with Mr. Canning, which had ren-
dered it somewhat probable tbst the oMeet men-
tioaed in your letter of ibe 30th of ApriL) of
which 1 had received a dupljcaie hy tbe packet,)
would be aeoompliihed, if | should authoriie the
expectation which that letter luggesta, bat that
•omfe days mast elapse before I could speak wiih
any thing like certaiatv on the snttfeet; and I
have mentioned In anoiher mivate letter (of tba
lOih of July) that it wBsundmtood between Mr.
Caaning and myselfibat another interview should
take place soon aftdr tbe prorogation of Parlia-
ment. In e&cc, however, Ur. Canniag wax not
prepared to see me again, uniil the 22d of Joly,
after 1 had been reciTlcd lo London by the arri-
val of the St. Michael, and bad, in canseqiMBce,
reminded him of our arraDgemeiit by a private

In the interview of Ihe 29th of Jane, I soon
found it necessary to throw oat an iaiimatNa
that the power vetted in ibe Presidrai by Ona-
gren, to suspend tbe cmba^[0 act and it* aopple-
ments, would be exercised, as retarded iJreat
Britain, if their orders were repealed as regarded
(he United Sistei. To have urged Ibe revoea-
lion upon the mere ground of ainci policy, or of
general right, and (here to have left tbe subject,
when I was autltorized to have placed it upon
pounds infinitely stronger, woold hare been, as
It appeared to me, to eiop short of my duiy.
Your letters to Mr. Brskine ('which Mr. Csaning
has nead and considered) had exhausted itie Gnt
of these grounds; and endlcEs discussions here,
in every variety of form, in and out of Parlia-
inent, had exbausied the second. There waa, be-
sides, no objectioa of any foroe to my availing
mynlf, wltboin delay, of the powerfnl iadnca-
ments which tbe iniimatioa in questioa was
likely to furnish to Oreal Britain to al>andon her
kte sfstem ; and it seemad to be oeruia ibat. bf
delaying to present these inducemeais to Hr.
Canning's coniidaradon, i should not only loe
much (ime, but finally give to my conduct a dis-
ingCDDous air, which, while it must be foreign to
the views and mmtmeats of the President, eootd
hardly fail to maka a very onAiTorable impies-

.yGooglc

APPENDIX.

1614

Relaiiota wiih Chtat Britain.

■ion DpOD ihe mltids of Mr. Ciaoing and his col-
leagues. I thougbi, marcoTer, thai if I should
reserve the suggi^stion for a late siage of our dis-
eussioDM, it would be made lo wear i be appear-
ance of a concession reluciaurly extorted, rather
tbau of, wiiat it wai, the spontaoeous result of
the characteristic frankness and honorable policy
Ofotir GuTernment.

The intirontjon once made, a complete deTelop-
meni of Its natural coDsequeocea, ifproperly acted
upon, rollowed of course; and, taking adrantage
of the latitude afforded by the informal nature of
a mere conversation, I endeavored to make that
develnpmeot as stronr an appeal as, consist-
ently with truth and honor, 1 could (and there
was no necessity to do more) to the justice and
the prudence of this GoTernroent,

It was not possible, however, that Mr. Canning
could require to be assisted by my eiplaoatious.
It was plain, upon their own priociples, that they
could not equitably persevere in their Orders in
Council, upon the foundBtion of an imputed ac*
quiescence, on our part in French invasions of
our neutral rights, when it was become (if it was
not always) apparent that this imputation was
completely and in all respects an error; when it
was manifest that these orders, by leitins: loose
upon our rights a more destructive and offensive
persecution than it was in the power of France
to maintain, interposed between us and France,
famished answers to our remonstrances against
her decrees and pretexts for those decrees, and
atood io the way of that very resistance which
Qreat Britain aflected to inculcate, as a duty, at
the moment when she was taking the most effec-
tual measures to embarrass and coofauod it ; and
when it was also Manifest that a revocation of
those orders would, if not attended or followed by
a revocation of the decrees of France, piace un at
issue with thai Power, and result in a precise
opposition, by the United States, to such parts of
the anti-commercial edicluts it became us to repel.

In a prodeolial view, my explanations seemed
ilill less to be required. Nothing could be more
clear than that, if Great Britain revoked her or-
ders, and entitled herself to a suspension of the
embargo, her object, (if it were anything short of
the establishment and practical support of an ex-
clusive dominion over the seas) must, in some
mode or other, be accomplished, whether France
followed her example or not. In the first case,
the avowed purpose of the British ordars would
be fulfilled, and commerce would resume its ac-
customed prosperity and expaiMioa, In the last,
the just resistance of the United States (more
efficacious than that of the British orders) to
French irregularities and aggressions, would be
left to itit fait operation, (and it was impassible to
mUtake the conseqaences,) while the commer-
cial intercourse betwean the United Slates and
Great Britain, being revived, would open the way
for a return to good understanding, and, in the
end, for an adjustment of all their dlfiereoces.

On the S9th of July I met Mr. Canning again,
and was soon apprized that oar discussions, if
aontinved at all, must take a d«w fortn.

These, and many other reflections of a simitar
tendency, which I forbear to repeat, could nol
have escaped the penetration of Mr. Canning, if
they had not been suggested to him in consider-
able detail. But whatever might be their influ-
ence upon bis mind, he certainly did not pro-
nounce any opinion ; and what he said consisted
principally o( inquiries, with a view to a more
accurate comprehension of my purpose. He
asked if I thought of taking a more formal course
than I was now pursuing; but immediately re-
marked that he presumed I did not, for that the
course I had adopted was undonbiedly well suited
tb the occasion. I told him that 1 was so ea-
ti rely persuaded that the freedom of conversation
was BO much belter adapted to the nature of our
subject, and so much more likely to conduct us
to a beneficial result, than the constraint and for-
mality of written commnnicalion, which usually
grew into protracted discussion, and always pro-

of delicacy in the topics, that I had n

This interview (in the progress of which othet
points were incidentally touched upon) did not
authorize any very confldent opinion that Mr.
Canning approved of what had been saggested to
him; and still less could it warrant any antiei-

Bition of the final opinion of his Government,
ut the manner in which my comrnunicaiion
was received, and (be readiness shown by Mr.
Canning to proceed in the mode whieh was pe-
culiarly favorable to my object^ connected witb
the reason a blen ess of the object itself, induced me
to think it rather probable that the issue would be
satisfactory.

The interview of the 2Sd of July was far from
producing anythiag of an nnpromisiog compleK-
lon. I urged again much of what had been said
at the last conference, and suggested such far-
ther considerations as had since occurred to me
in support of my demand. Mr. Canning was aiill
much more reserved than I had hoped to find hiraj
after so ranch time had been taken for delibera-
tion ; hut, from all that paased, I was more than
ever inclined to helibve inat the orders would be
relinquished. He seemed now to be extremely
desirous of ascertaining whether I was authorized
and disposed, with a view to a final arraogeroeat,
tb present what T had suggested, as to the su*-

fnsion of the embargo, in a more precise shape.
told him, after some conversation upon thia
point that, although I would prefer that course
whicn was the least formal, yet, if everything
should be first matured. I might be able to com-
bine, with a written demand that their ordera
should be repealed, sueh an assurance as I had
already mentioned, that the embargo would be
suspended 1 but that I Would consider of this with
reference to the manner and terms. He then ob-
served, that I would perhaps allow him a little
time to reflect whether he would put me to the
necessity of presenting such a paper; and, upon
my aasenitng to this, he said that he woilld sive
meatiotherappoiatmeni towards the end orthe
following weelc. As I was on ihe point of lear-

.yGooglc

1DI6

APPENDIX.

RelatioM with Great Britain.

leie

iDg him, he asked me if I would endcRTor lo pre-
pare, before the next iaterTiew, luch a note a:
we bad talked of; but he had scarcely made ihii
■nroposat before he added, " but you will, doubt-
Tew, desire first to know what are our ideas aad
iatenlions upon the whole subject."

On the 29tb of July I met Mr. Ganniag again.
aod waa coDQ apprized that our discuf^ions, if
eontioutd, must take a new form. He began by
iDQuiring if I had received any initlligeuce of a
late affair on the Lakes, which had caused great
alarm arid anxiety among the British traders, end
of which BO account had just been put into his
handih He then read, very rapidly, from a letter,
-sppareDliy writteo in Canada, a cdmplniot of an
attack upon aome British boats, in violatioa of
(he third article of the Treaty of 1794, and ob-
aerred that this waa the more lo be regretted, as
it followed aome recent miaundersiaadmgs in the
Bay of Passamaquoddy. I told hiof) that I had
no iDielligence, official or private, of ibesE tians-
xetiona, which be would perceive took place upon
our borders, at a great distance fiani ihc seat ol
Ctoveroment. and that of course I could only ex-
a that the Oovernment of the

would disavow whs
induct of it! agents, and would in
other respect! act as good faith and honor re-
quired.

This matter being disposed of, Mr. Canning
•aid that he had thought long and anxiously upon
what I had suggested to him at our late confer-
eoces; that the subject had at Grst struck him as
iQuch more simple aod free from difficulty than
upon careful examination it was found to be;
tfiat, in the actual slate of the world, it behooved
both liint end me to movv in this affair with
every pomibla degree of circumspection, an inti-
mation which he did not explain ; that, without
aome explicit proposal on my part, in writing,
upon which the British Qovtrnment £ould de-
liberaiB and act, oolhing could be done; and,
finally, that he must leave me to consuk my
own diuretioD whether I would make such a
proposal.

1 answered that, with such a previous under-
slauding between us as 1 had counted upoo, I
■hould feel no objection to take occasion to say,
in an official note requiring the revocation of
their Orders in Council, that the orders being re-
scinded ai to us, it was the intention of the Presi-
dent to BUipend the embargo as to Gre^t Britain ;
but that 1 expected lo be told, before my note was
prewnted, what would be the reply to it, and
what its consequences in every direction ) and
that I could not conjecture, if it was really meant
to acquiesce in my demand, ((he exact nature of
it being, in point of fact, understood by this Gov-
ernment just as well as if it had been made in
writing,) or if more lime than had already been
afforded was required for deliberation, why it
was necessary that I should, in the last case, take
the step in question at all, or, in the first case,
without being frankly apprized of the effect it
would produce,

Ut. Caantug replied thai my wish in this par-

ticular could not be acceded to; thai, if I pre-
sented ■ note, they must be left at perfect libertf
to decide upon wnat it proposed; that he could
not give me even an intimation of the probable
conseguences ofit ; and, in a word, that he would
neiiher invite nor discourage such a proceeding.
He observed, loo, that ihete were some points be-
longing lo the subject which it was necessary to
discuis in wriiing; that my sugsesiions implied
that the embargo was produced by the British
Orders in Council; that this could not beadmil-
led; and ihat there were other questions incident
lo ibese two measures, with the examination of
which it was proper lo begin upoo an occasioa
like fbe present. I remarked, in answer, ffiat,
with an actual result io view.and with a wish to
arrive at that result wiihoui delay, notbing could
be worse imagined ihan to entangle ourselvea ia
a written correspondence, undefined as to its
scope aod duration, upon topics on which we
were not likely to agree; that if I were com-
pelled to frame my note, wifh a knowledge that
It waa to provoke ar([UTueot, instead of leading at
this momentous crisis to a salutary change in the
state of the world, he must be conscious that I,
too, must argue, and ihai I could not justify it to
my Oovernment to abstain from a complete as-
sertion of all its pretensions, and a full eiposure
of the true character of those acts of which it
comnlained as illegal and unjust. And where
would this end 7 To what wholesome conse-
quence could it leadl

My remaks having do effect, I made a furihet
slight attempt to ascertain ibe reception which
my note would meet with, if I should determiae
to present one. This afiempi failed ; bot I be-
lieved it to be apparent that, if any other conse-
quence than mere discussion should follow the
receipt of ray note, it would be at a great distance.

At the close of the conference I observed, that,
as the fooling upon which this interview baa

r laced this subject made delay of no jmponaaee,
should take time to prepare such further pro-
ceeding as raigbi appear to me lo be required by
the occasion.

I ought to mention thatl give you in this tel-
ler the substance only of the conversation which
it states, Bod that there was nothing lo any de-

See unfriendly in the language or manner of Mr.
anning. I need not say thai I thought it mr
duly to adopt the same lone and manner.

My desire to send a duplicate of this huiir let-
ter by the packet induces me lo defer, uniU an-
oihec opportunity, all reflections upon the turn
which this afl4ir has taken.

As there is now no occasion for detaining tba
St, Michael, she will be dispatched immediaielv
for L'Orieot.

[Reftrred to and endoaed in Mr. Pinkney'i letter itf

Angnst 4.]

Extracts-General Ariostrang to Mr. Pitihmy

Pabib, Jitiu 26, 1808.
The St. Michael arrived at L'OrieDt oa tka
lat instant, and ihe GorenmeDt i

.yGoogIc

1617

1618

Xdattou vitk Grtal Britain.

Paris on the 8ih. A psBiport for tbe remet lo
Falmouth, ind tbence to L'Orient again, waniin-
nediatel} requeated, but ooe in ihii farm coDid
only be gtaaleA by order of the Emperor, and
thiiwis BOt yiveo until tbe 18tb. The»e cir-
cumilaoces will account for the long deieolioa
of your despaicheH. We have reaion to regret
that tbe views of our OoTernmeDl, founded od
the juiiice and wUdoin of ibe belligerent Powers,
are so little lilcely to succeed. Atienipt* of this
chiracier made here (aod the; bave not beeo
UDfrequenl) bare hiUieito done no good; nny,
tbe repeiiiion of these may be fairly preaumed to
have aona miiohief, ioaimuch as it bat tended to
establish a creed, that words, in some farm or
other, are the only means we hare to employ.
The French Council of Prizes, which is, I am
told, as like the English Couri of Admiralty as
Ooe egg is likeanotbet, has lately begun lis career
of con d em nation. Between tbe Isi and 15th in-
slaul, five cases have been decided, and I am as-
sured ibat orders have been received from Bay-
onne for condamoing all American cases "en
Uoc" What hat sukpended the axe since ibe
15(h, we can but conjecture. It may he pre-
aumed that the reflections of the Spanish junta
on the political and other relations subsisting be-
tween Spain and the United Slates, through the
medium of the coloiiies, may bare produced ibi>
p«use. That it is not owing to any conquest which
good principles have obtained over bad ones, is
certain. Are things any better on your side the
ehaanelf &c.

Mr. Pinkney to Mr. Msdiwtti.

LoHDOMj September 6, 1806.

mbark for tha United States in tbe British
packet, and I cannot omit lo take advantage of
It, althougb 1 bave BLill nothing conciusir* "

The Hope arrived off Falmouth and landed
Mr. Atwater on the 16th of last month, and im-
mediately proceeded on her voyage to Havre,
with a fair wind. Mr. Atwater arrived in Lon-
don on the 20ih, in tbe evening, and delivered
your letter of tbe 18th of July.

Mjr public letter of the 4ih of August will have
apprized you of tbe footing on which my differ-
ent interviews with Mr. Canning left the subject
of the British Orders in Council, and my private
letter of the 2d of that month will have made
yon acquainted with my inlenlioa lo present, ir
an offidat note, what I had ineffectually suggest'
ed in oonferenca.

To such a course there could not, even in the
first instance, have been any other objection than
that it was calcuUted to lead to discussion rather
than to adjustment j but whatever might be its
tendency, it is cerUin that I could have no in-
ducement to resort to it, until it was indicated by

unexpectedly found that it was in that mode only
thai I could oblaio a knowledge of ihe light in
-'hith this GaverDmenl thought Gl to view the
vetture 1 bad been directed lO make to it, and I
determiaed, in consequence,' to lay before it, in
ing, the iotfDtion of the President, wtih ihe
; frankness which had characterized my ver-

I have now the honor lo transmit a copy of
the note, which, in conformity wiih ibni deter-
■Diaation, I delivered in per»on to Mr. Canning,
on the S6th of last monifa, a few days after its
date. To this note no answer has yet been re-
led, but it it to be presumed that it will not
be much longer withheld.

You will perceive that some time had elapsed
ifler I had tent off my despatches by tbe SuJIdi-
chsel (tbe 8(h of August) before my note was
presented. Tbe 4ruth is, that 1 bad employed a

Cn of that lime in framing a uoie of great
iglh, which, when nearly completed, 1 (bought
it prudent to abandon, in favor of one that held
out fewer invitations to unprofitable discussion^
which, atihough 1 would not shun them if pressea
upon me, 1 did not suppose it proper that 1 should
seek.

1 believed, too, that a little delay on my part
would be far from being disBdvaniageous. There
would siill he sufficient lime for obtaining a final
answer to my proposal, in season fur the meeiing
of Congress; and as tbe temper of this Oovern-
ment, so far as it bad been tried, had not appeared
to be favorable to tnf purpose, 1 believed that I
should act in the spirit oi my instructions, and
consult tbe honor of my Qovernment, by avoid-
ing, under such circumstances, tbe appearance of
urgency and precipitation.

Upon the terms or general plan of my note it
is not, 1 hope, necessary to remark. You will
discover that it was prepared under a persuasion
that, whatever might be its effect, it was infinite-
ly better to make it as concillatorv ai, without a
sacrifice of principle or national dignity, was
possible.

The topics to be embraced fay it were such as
did not demand, but rather forbade, minute expo-
sitions. While it was difficult to urge, in iheit

full force, wiihou

It exciiiojf a

disposition unfriendly to the object of my in-
attuctions, all tbe considerations which justified
the United Slates in remonsiraiinK against the
British orders, it was yet more difficult, without
a degree of harshness scarcely suited to the occa-
sion, and wiiboui also the baxardof inditoretion,
to (lisplay in detail the pignal injustice and im-
policy of persevering in them, after what I had
proposed. This couid be done, and had been
done, in conversation ; but it did not, upon trial,
appear to be equally practicable in tbe more for-
mal and measured proceedings which I was now
called upon to adopt.

I considered, besides, that an overture so high-
ly advaniageous to Oreat Britain, which the
United States were not bound lo make by any
obligaliooa of equity, although it was wise to
make it, did not rcqaiie, with tiny view to the

.yGoogIc

iei«

ie20

/IdaiionM with Qrtat Britain.

•haracieT of my country, or rvnx to the
of tbe oTetinre itself, lo be igain recomiDCRdrd
hj RQ BDiious repetitioD of ■rgumeniB already
fully uodtrsEood.

As sooQ as ruy aole wii prepared, I called

the Foreign Office to arrange an iniervi '

"' Cinning.for the pi

Caay the delivery
ich I deemed important, as well as of at-
fbrding him aa opportnniiy of asking and if
ceiriog such ezplanatioos as he might desire.
The iaterviefr took place on the 36i)t of Augu^l.

li had occurred Id me thit ii nonld be proper
(and could not be injuriuus) to read to Mr. Can-
ning, from your letter to me of ihe lS(h of July,
a brief summary of the iastraetioDS under which
I was Bcliog. This had not been reqaesled, bat
il could not be unacceptable, and it was, besides,
well calculated 10 do jusliee to the liberal »en(i-
meoti by which my ioilructloDs had been dicta-
ted, as well as to give weight to my eSiiris In the
eiecution irf ihem.

I was led, by the reading of these patfagei,
(without haTiDg origioaliy intended il.) into a
more eitensiTe ezpianatioD than I had before at-
tempted of (he ionuence which the proposal of
my QovernmeDi would hmTe, in truth, at well as
in the judgment of the world, upon the supposed
joiilce of their new system, as it affected the
United StaietL To that esplonatioo, with the
particulars of which I will not, and indeed, fbr
want of lime, cannot, at present trouble you, 1
added a concise recapitulation of some of ifie
prudential coniideraiioni which had been so olien
pressed before, and there I left tbe snbjeei.

1 am, 4«., WM. PINKNEY.

[Enclosed in the preceding despstchO
Mr. Pinknif to Mr. Canning.

Qbiat Cdmbbbland Place,
Avgwt 23, 1808.

Bib : I have had the honor, in consequence of
Che orders of the President, to recall your atten-
tion, in ihe course of sererel reeent Tnterviewa,
to Ihe British Orders in Council of the 7ih of
JenOBry, and lltbof Novembef, 1807, and lo the
Tariou* other orders founded upon or in execu-
tion of Ihem, and I now lake the liberty to re-
new, in the mode which I have understood to be
indiipensible, my lutlanceson ibit subject.

I need scarcely remind you, sir, that ihe Gk>T-
«rnment of the United Slates lias never ceased to
consider these orders as violating its rights, and
affecting most destraetirely its miereeiK, upon
grounds wholly iaadmlMible, both io priuctple
■nd fact.

The letters of Mr. Madison to Mr. Brskine, of
the 20ih and &»ih of March, 1807, produced by
tiie official communication of thai Minister of
Ihe order of the 7ih of Jaauary, and the answer of
Ur. Madison of the 25(h of March, 1808, to a
like coinmunicBiioa of the orders of the llth of
November, cODlained the most direct remoastren-
oes against the system which these orders intro-
duce and eieonte, tod expressed the confident

expeeiatlon of tbe President ibat it would not b«
persisted In.

Thai expectation has net yet been fulfilled. but il
has, notwjlbstending, not been relinquished.' The
President is still persuaded (bai i[s accomplish'
meot will result from a careful review by Hii
Majesty'* Qovernment, made in tbe spirit of
muderatioD and equity, of the facts and consid-
erations which belong lo the oeeasion.

Il is not my purpose to recapitnlaie in ibis nets
the Btaiemenls and reasonings contained in the
above-men lioneJ letters of Mr. Madison in sup-
port of the claims of the Oorernmeat of the
United Slates, that the British orders be revoked.
I content myself with referriog tu ibose leilen
for proofa, which it i* not necessary to repeat, aod
for arguments which 1 coald not hope loimnrove.

But there are eiplanations which thoae teiten
do not contain, and which it is proper for me
nofr to make. Even these, however, may be very
briefly given, since you have already beea made
acquainied, in our lata convenaiioua, with aU
their bearings and details.

These eiplaDaiioos go to sbow thai, white
every motive of joslice conspires to pradttee a
disposiiion to recall the orders of which my Oov-
ernment complains, li is become apparent tbai
even their professed object will be best aitafoeil
by their revocation.

I hare tbe honor to state to yoa, mr, that it was
the intshiion of the Presideni, in ease Great
Britain repelled ber orders as regardetl the Uni-
ted Stales, lo exercise the power vested in him
by ihe act of Ihe Ust seseion of Congress, eoii-
iled "An act to authorize tbe President of the
United Stales, under certain condiiioas, lo sus-
pend the operation of ihe act laying an embargo
on all Rhi|n and vessels io ihe ports and harbors
of ihe United Slates, and the several lupplemra-
lary acis thereto," by suspending the embargo
law and its suppleraen tsas Regards Qreat Britain.

I am toiborited to give you this assurance in
ihe most formal manner; and I trust that, apon
impartial inquiry, it will be found to leave no in-
ducement to perseverance in the British orders,
while it creates the most powerful inducements
oF equity and policy to abandon them.

On the score of juslice, it does noi seem possi-
ble to mistake ihe footing upon which this over-
ture places the subject, and I venture to believe
that m any other view there is as little room for
doobt

If, as I propose, your orders should be rescinded
as to Ihe United Slates, and ovr embaw> re-
scinded as to Great Briiatn, the' effect of^these
s will be, that tbe commercial io-
of the two countries will be immedi-
ately resumed; while, tf Prance should adhere
lo maxims and conduct derogatory to ifae neuinl
rights of the United Stales, the embargo, coDtio-
uing as to her, will take the place of your orders,
and lead, with tn efficacy not merely eqnil to

thei

, but B

sequenees that oaghi to result Irom Ihem.

On the oiher hand, if Prance should concur in
respecting those rights, and oommeroe should

.yGoogIc

APPENDIX.

BOatiOiu With Oreat Bnlaih.

thuii regain its fair immunilin, and the Uw or
naiions iix ja«i dominion, all the alle^d purposes

of "he Brjiisb nrdera will hare been ■

fu filled.

If I forbear to pursue these ideas throDKh all
the illostraiiona of which they are oujcepiible, it
ja beeftu<:e the personal conferences to which I
hare before alluded, as well as iheohvioua aatnre
of the ideas ihemselTP!', render it unnecesHry .

I cannot conclude this note withuai expressing
my sincere wisli thai what I hare now sapgested.
in confurmity with the liberal seDiimenis and pn-
lightened views of the Presideni, may contribtiie,
Dot only to remoTe the more immediate ohstaclr
to the ordinary intercourse of trade between yuur
country and mine, in a manner consistent with
the honor of hoih, but to prepare the way for a
niisfactory idjusimeni of every ijaeslioa impor-
tant to thfir future friendship.

I hare the honor to be. &e.J

WILLrAM PINKNEY.

Right Hod. Oeoroe Canmino, ^c.

EiUaet— Mi. Pinkne; to Mr. Hadiaon.

LoHOOM, September Zi, 190S,

Deir Sir: The Hope arrived at Cowes, from
France, on the I3ih iosiant.

Nut having beard from Mr. Canning, altbntigh
he reinraed to Lnndon on the 16th, I called afcnin
yesterday at Downing street, and was assured
that the answer to my note would be sent to-
night, or early lo-morroW roorninK- Mr. Atwaier
Will of course be able lo leave town on Friday,
and embark on Saturday, with a copv of it.

I have been told, tince the arrival of the last
British packet, (but do not believe it,) that there
is more probability than I had anticipated that
the late events in Spain and Portugal (which
oughi not to be considered as dec^dins anything)
will have an effect on public opinion in America
against the coniinDance of the emharifo, and fa-
Torable to all tha purposes of Qreat Britain. If
this were true, I should think tbai It was deeply
to be Inmented. I may misunderstand the sul^-
jecl, hut I cannot persuade myself that anything
that has happened on this side the Atlaulic ought
10 indace us to retreat in any degree from our
present ayaiem.

If we should resolve to ttadewilh Spain and
Portugal CQreai Britain and France persisting in
their order* and decrees) in any way to which
Great Britain would not object, we must suepend
the embargo as to those countries only, or as to
those countries and Great Biiiain, or we must
Te5>eal it altogether.

The temptation to the first of thene courses is,
even in a commercial sense, incoDsiderablej the
objections to it endless. The objeei to be gained
(if no more was gained than ought to be gained)
would be trifling. There could, indeed, be no
gain. Ad ioadFqaata narkar, redandanily sup-
plied, would he caora injurious than no market at
all. Ii would be a lure to destruction, and notb-

A suspengioa of the embai^o so limited in in

naiirre as this wonld be, (supposing it to be in
fact what it would he in form,) would have. a
most unequal and invidious operalioa in the dif-
ferent qoarter? of the Union, of which the varioua
commodities would not, in the ports of Portugal
and Spain, be in equal demand. A war wiih
France would be inevitable, and such a war, ao
produced, from which we could not hope to de-
rive either honor or advantage, would ptai;e us at
the mercy of Oreat Britain, and, on that account,
would in (he end do more to cripple and humble
an than any disaster that could otherwise be-
fall us.

The actual ulaie of Spain and Portugal, ia,
moreover, not to be relied opon. My first opin-
ion on (hat subject remainsj hut even the niost
sanguine will admit that there is great room for
doubt. The £mperor of France is evidently
collecting a mighty force fur the reduction of
"" 'ij and Portugal must s"^- ■ ' " '-'

^ ^ s fate. And

if that force ahould be destined (as some
suppose) first to contend with Austria, liie speedy
subjugation of Spain is not the less certain. If
Prance should succeed, Spain and Portugal would
again fall under the Britiih orders of November,
as weH as under the operation of the French de-
crees. Our cargoes would scarcely have forced
their way to the ocean in search of this boasted
market before they would be once more in a stale
of prohibition; and we should, in the mean time,
have incurred the scandal of suffering an impror-
ideni thirst of gain to seduce us from our princi-
ples into a dilemma preiieoting no alternative but
loss, in all (he senses of that word.

But it is not even certain what Great Britain
would herself finally say to such a partial suspen-
sion of ihe embargo. She would doubtless, at
first, approve of it; but her ultimate course, (e«-
pecfally if war between France and the United
States were not the immediate consequence, or if
the measure were eventually less beneficial to
hercelf (ban might be supposed at Ihe outset,)
onght not (o be trusted. That she would approve
at first is hardly to be questioned; and the consid-
erations upon which she would do so are precisely
those which should dissuade us from it. Some
of these are — the aid it would afford to her allies,
as well as to her own troops co-operatinc with
them, and its consequent lendencr to destroy
everything like system in our conduct; its (ea-
deacy to embroil Us with France ; its tendency to
induce as, by overstocking a limited market, to
make our commodiiies of no value, to dissipate
our capital, to ruin our merchants without bene-
fiting our agriculture, to destroy our infant man-
ufactures without benefiting our commerce; ita
tendency to habituate us to a trammeled trad^
and to fit us for acquiescence in a maritime dca-
potism. But there are other reasons. Our trade
with Spain and Portu^l, while tl lasted, would
be a circuitous trade with Great Britain and het
colonies, for their benefit ; our productions would
be carried io ihe first instance to Spain and Por-
tugal, would be bought there for British account,
and Would find their way to the West Indies^ or
centre bere,uBtitiih convenience might requite;

.yGoogIc

1028

Rdatum* vitK Grtat Britain.

and thus, in effect, tbe FmbarKo would be removed
t» 10 Britain, while it continued as to Fiance,
and we proressed to continue il as (o bolli. And
ifany proSls should arise from tliii aordiil traffic,
ihef would became a fund to enable us to import
into tlie United Siatei, direcilf or indirect! i'. ilie
mBnufaclurea of Qreat Britain, and thus reliere
her in another yiaj, while her orders would pre-
Teni us from receiving tbe commodiciei oT her
enemy. It would be far better openlf to lake off
tbe embargo as to Qreal Brilaio, than, tvbile af-
Tecting to continue it as to that Power, to do what
must rescue her completely fand thai, too, with'
out adfHntage to onriElTe*)^ Irom the pressure uf
it, at the same time that it would promote her
views against France in Portugal and Spain.

As to withdrawing tbe embargo from Great
Briinin as well as Spain and Portugal, while the
British orders are unrepealed, the objections lo
that course are just as strong now as they were
four months ago. The change in Spain and Por-
tugal [If it were even likely to last) cannot touch
the principle of tbe embargo at regards Qreat
Britain, wno reBsaeris her orders of Norember in
the very eiplanalions of the 4ih of July, under
vbich we must trade with those countne* if WQ
trade with ihero at all. If we include Great Brit-
ain in the suspension, and exclude France, we do
BOW what we have declined lo do before, for the
sake of delusive commerce, which may perish
before it can be enjoyed, and cannot, in any erent,
be enjoyed with credit, with adranlage. or even
vilb safety. We lake part at once with Qreat
Britain against France, at a time the least suited
Ibai coold be imagined to such a determination ;
at a lime when it might be said thai we were em-
boldened by French reverses to do what before
we could not resolre upon, or were tempted by
the prospect of a scanty profit, exaggerated by
our cupidity and impaiience, to forget what wa*
due lo consistency, to character, to permanent
prosjieriiy. We sanction, too, tbe msritiroe pre-
tensions which insult agd injure us. We throw
ODrselves, bound hand and loot, upon the gene-
lan'uy of a Govern meoi that has hitherto refused
us justice, and ^11 this when ibe affair of the
Chesapeake and a host of other wrongs are unre-
dressed, and when Great Britain has just rejected
an overiure which she must have accepted with
eagerness if her views were not sucb aa it became
tia to suspect and guard against.

To repeal the embargo allogether would be
preferabfe to eitherof the other courses, but would,
notwiihsianding, be so fatal lo us, in all respects,
(hat we should long feel the wound it would in-
flict, unless, indeed, some other expedient, as
■trong at least, and as efficacious inall its bearings,
can (as I fear it cannot) be substituted in its place.

War would seem 10 be the unavoidable result
of such a step. If our commerce should not
flourish in consequence of this measure, nothing
would be gained by il but dishonor; and how it
could be carried on lo any valuable purpose it
would be difficult 10 show. If our commerce
ahould flourish in spite of French and British
edicts and the miserable stale of the world, in

spile uf war with France, if that should happen
it would, I doubt DOI, be assailed la some oiher
form. Tbe spirit of monopoly has seized the peo-
ple and Qovernment of this country. We >hall

t, under anycircumitancea, be tolerated arrivals

navigaiion and trade. It is in vain to hope
that Great Britain will voluniarily foster ibe
uaval means of the United Stater. Even as al-
lies we should be subjects of jealousy. Ii would
be endless to enumerate in detail the evils which
would cling to ua in this new career of vassalage
and meanness, and tedious to pursue oiu back-
ward course lo the exlincilon of that very trade
to which we had sacrificed evcrylhing else.

On the other hand, if we persevere, we ma»t
sain our purpose at last. By complying with the
litile policy of the momeni, we shall be lost. By
a great and systematic adherence to principle, we
-'Tall find the end of our difficulties.

The embargo, and the loss of our trade, are
deeply felt here, and will be felt with more sever-
ity every day. The wheat haiveci is likely to be
alarmingly short, and the state of tbe CoDtiaent
will augment the erit. The discontents among
their raanafacturers are bnly quielc<I for the mo-
ment by temporary causes. Cotton is risiog.aod
will soon be scarce. Unfavorable events on the
Continent will subdue the temper, unfriendly (o
wisdom and justice, which now prevails here.
But, above all, the world will, I trust, be con-
vinced that our firmness is not to be shaken. Our
measures have not been without effect, They
have not been decisive, because we have not been
thought capable of persevering in self-denial, if
tbatcan be called feI/-<i«nuilwhichisno more than
prudent abstinence from destruclion and dishonor.

I ought to mention that I have been told by a
most respectable American merchant here, that
large quantities of such woollen cloibs as are pro-
hibited by OUT non-importBtion ai;t have bees
and continue to be sent to Canada, with (he view
of being smuggled into the United Slates.

I need not tell you that I am not induced to
trouble you wilb my hasty reflectiona because I
think you stand in need of them. I give them
merely because I believe that you are entitled to
know tbe impressions which a public servant on
ibis side of Ibe water receives from a view of oai

P. S. September 24.— Mr. Canning's answer,
received last night, confirms all my late anticipa-
tions. It is a mile extraordinary that, if a writ-
ten proposal was required from me with the idle
motive mentioned in the accompanying paper, no
such motive was suggested at the time, and even
that other motives were suggested. The fact
probably is, that they wished to evade the over-
ture, and hoped that it would not be formally
made. Being made, it was difficult to dispose of
il, and hence the delay.

MT.Finknaylo

London, September 24, 18D6.
Bik; I am now enabled to transmit to you a,
copy of Mr. OaDoing's answer, received only last

.yGoogIc

AFPENDIS.

RtiatioM with Great Br&ain.

1626

night, to m; note of ihe 23d of Aujrust. This
■nswer was accoropBuied bj it leiier, of whicb
also a copy is enclosed, recapitnleting what Mr.
Caaningr sappoHa to be "the tubsiance or what
ted between us at oor seTeral

previous to tbe preseDtaiioo of my official letter."
To the accompany JDf paper I Tbink it indis-
pensable that I sliould reply wiinoat ielwj,

poriioy witb politeness, but with firmneM, the
■tt'iements which I hare already had ibe honor
to make lo you of the cooTeraatioos in question,
and correctioff some errora upon points which
Mr. Canning has thought fit to introduce into his
Utter, but which 1 had not supposed it necessary
to mention in detail in my despatches.

I shall not detain Mr. Atwaler witb a riew to
ibia reply, but will take care to forward a copy of
it by an early conveyance. My official note, and
the answer to it, being perfectly pxptieit, Mr.
Canning's misapprebenBions (for euch they are)
of previous verbal communications can scarcely
be very important in a pabtic view; but it is, ner-
criheless, of some consequence, ibH, whatever
mav b« tbe object of bis statement, 1 should not
make myself a party to its iaacctiracies by even
& tacit admission of them.

I do not perceive that a formal reply to the
more official paper can now be of any advantage,
but I shall probably take occasion to combine
witb my reply to tbe one paper some obMcva lion*
upon the oiber.

I regret extremely that the views which I have
been Instructed to lay before this Government
hare not been met iby it as I bad at first been led
to expect. The overture cannot fail, however, to
place in ■ stronK light the just and liberal senti'
ments by whicb our Qavetoment is animated,
and, in other respects, to be useful and honorable
to out eounlrv.

I have tbe Donor (o be, Ae.,

WILLIAM PINENBT.

[GneloMd in Mr. Pinkney'i lelt«i of eeptember 34.]
Mr. Cannkis to Mr. Pinknoy.

FoRGioN Opfioi, Stpt. S3, 1808.
Sib: In laying before the King your tetter of
the 23d of August, and in communicating to yo~
the enclosed answer which I have received Hi
Majesty*! commands to return to it, I confess that
I feel some little embarrassment from the repeated
lefrrenees which your letter conuins lowhai has
passed between us in convernation — an embarrass-
ment arising, in no degree, as you are perfectly
aware, from any feeling of disiruit in you, person-
ally, but from a recollection of the misrepresenta-
tioo, which look place in America, of former con-
ferences between ua. You gave me, on that
occaiion, the iddsI satisfactorjr proof that such
mierepresenlotion did nut origioite with you, bv
communicating to me that part of your despatcli
in which tbe conferences particularly referred 10
wets related, and related correctly; but this very
circamsiance. while it esiAblishes yont personal
claim to enure confidence, proves, ai the same
time, that a faithful report of a eoDfcrcnce on

your part is not a security against its misrepre-
seniation. It was for that reason principally,
that, after hearing with the most respectful aiien-
lion all that you had to stale to me verbally on
the subject of^the present overture, I feit myself
ider tbe necessity of requiring, as " indispensa-
" '"■ ipon the sabjecl.

elo our laie conver-
sations for the "bearings and detail;i"of your pro-
posal, f feel it necesssry to recapitulate, as shortly
I can, what I conceive lo have passed in those
nver^tions beyond what I find recorded in
your letter.

Tbe principal points in which the suggestiona
brought forward by yon in personal confereoca
appear to me to have diOered, in tome degree,
from the proposal now slated fay yon in writing,
are two: the first, that, in conversation, the pro-
posal itself was not distinctly stated as an over-
ture authorized by yonrGtovernmcnt; tbe second,
that the beneficial consequences likely lo result
[o this country from the aecepiance of that pro-
posal, were " pursued" through more ample " illna-

In the firs

!ty liiile

ment, than that you were instructed to remoo-

■te against the Orders in Council of the 7ih of
January, and of the 11th of November, ISOT, but
to add, as from yourself, an expression of your
own conviction that, if those orders were repealed,
the President of the United Slates would sus-
pend the embargo with respect to Great Britain.
Upon the consequences of such a suspension of the
embargo, while it would still continue to be in
force against France, yon expatiated largely ; still
speaking, however, as I understood, your own in-
dividual sentiments. Jt was suggested by yon
that America, in that ease, would probably arm
her merchant ships against the aggressions of
France, an expedient to which, you observed, it
would be perfectly idle to resort against Great
Britain. The collision of armed vessel* woold
probably ptoduee war, and the United Statea
woold thus be brousht into tbe very situation in
which we must wish to place tbem, that of hoa-
tility to France, and vjrtnal, If not fonnal alli-
ance with Great Britain.

In our second conference yon repealed and en-
forced these arguments, calculated lo induce ih«
British Government to consent to the repeal of
the Orders in Council; and, in this conference,
ihoDgh not statins yourself to be authorized by
your Government formally to o£fer the suspension
of the embargo as an immediate eonsequeooe of
that repeal, yet you did profess (as I understood
you) a readiness in take upon yourself to maka
that offer, provided that I would give you before-
hand an unofficial assurance that, coupled with
ibai oBer so made, tbe demand of the repeal of
the Orders in Council of January and November,
ISO?, would be favorably received. I, of courae,
declined lo give any such previous aHOrance;
but as you appeared to attach great importance
10 tbia ■nggestlon, and «• I was led to think U»i

.yGoogIc

1637

APPENDIX,

^tlatiau wUk Grtat Britam^

• GonpliincB viih it migbt relieve you from a'
dtfficuJly in eieeuting ilie iDsirnctioos of yD«r
Government, I conaeDled to uke ■ few diya to
eaniitlvT of ii, Bod [o ntrrte my drflailiTd answer
ODiil I should see you ■pin.

I never doubled, in my own mind.nilo theiaez-
pediency and impropriety of eocouraging you lo
take an uQauihorizedsiep,byaa unofficial promise
ihst it should be well received. But, ia a mailer
of sucb delicacy, I was desirous of eitlier conGrm-
iofforcorreciinftitiy own opinion by the opinions
oroibcre. The result was, that, in a third io-
tMTiew, which took placeshoiily after the seoood,
1 had the honor to inform you, tbat^ after the
QUMt maiure deliberation, I found it impossible
to yield 10 your auggesiioai and that it therefore
remained for you to frame your proposition ac-
cording to tba ioitruetioos of your Ooreranieol,
ui to your own unbiassed diserelion.

Hv own share in ihesa several conferenois, be-
yond what is implied in the above elatemeol, was
TCry sniall. 1 bava, u you know, always rather
wished lo refer the argumentative discussion of
tJie subject of the Order* in Council to the official
correxpundence I have more ihanooce been taught
to eipect you to open upoo it, than lo engage
vith you in a verbal controversy, which, if con-
fined to ourFelves, would be ueeleu ; if afCemards
tfibe teducedintu writing for the pur ]>ose of being
Qonmunicated to oui reepeciive Oovernmenu,
superQuous.

But to the repreaentatioos wbich you hare
repeatedly made against the Orden inCauoeilof
January and November, as. " violating the rights
of the United Slates, and affecting most destruc-
tively their beat interests, upon grounds wholly
inadmissible, both in principle and in fact," I have
uniformly maiatained the "uoquectiooable right"
of His Mijesly to " resort to the fullest measuree
of retaliaiion, in cooseiiuedce of the unparalleled
tggreasioB of the enemy, and to reiMi upon tliAi
^■emy the evils of his own injustice;" and have
Uoiformly conlended that, "if third parlies suffer
fh)m ihqsa measures, the demand of reparation
VU*t be made to that Power which first violale*
tJie eatabliihed usages of war and the righta of
nantrai Stales."

There was, indeed, one poiai,upODiT^li I iraa
particularly anxious to receiveprecUeinfuTOHtiDn,
a*d upoa whicb,from your candor and frapknees,
t was fortunate eoougn to obiaia it. The coo-
QMliug together, in your proposed overture, the
auaMBsioo of the embargo and the repeal of the
Orders in Council, (as well those of November a*
tke preceding one of the 7lh of January, ) night
^iipear to imply that the embargo had been the
inunediate eonsequenee of these orders; and 1
vaa thert-foie desirous to ascertain whether, in
fact, the Orders in Couaoil of November had been
known to the Oovernment of the United States,
previously to the Message of the President pro*
posing the entbargo, to as to be a moving consid-
traiion to ibal Mesuge. . I had the satisfactioa
(o learn from you,sir, that such was niit the fact;
that rumors, indeed might have reached America
of wiae meaauFBof liictliw rataliaiioa being in

the eontemplation of the Biiliab OoverumeDt ;
that perhaps, (as I understood you,) nome more
severe and sweeping meanure might have been
expected, hut that ol the Orders in Council of the
11th of November as having been actually iuued,
there waa ho ceriaia knowledge in America, or
at least none in the possession of the American
Oovernmont, at the lime of propuing tbe eat-
bauo.

Such, sir, is, according to the best of my recol-
lection, correctly the lutntance of what hai passed
between ui at our several interviews, previous to
the preieniation ofyout official letter ; and mch
I have represented to have been the suhauoce of
what passed on these seveml occasions, in the
report of our coaferenoes which it hu been my
duiv to make to the King.

if, in this recapitulation, there is anythiDg mis-
taken, or anyibins omitted, ^ou will do me lb*
justice to believe ine error unintentional, and you
may rely on my readiness lo set it tight.

I have the hoooi to be,

GSORQE CANNING.

Mr. Canning lo Mr. Plnkney.

FoaatON Omcs, <Sepf. 23, 1803.

The underaigned, Hit Majesty's orincipaJ Sec-
retary of Stale for Forelga Affair^ had tbe honor
to receive tbe OSaiai letter addrtued to him by
Mr. Finkney, Minisier Plenipoienliaiy of the
United StateK, respeeting the Orders in Council
iiHicd by Hie Majeiiy on tbe 7tb Jauuaty and
lllh Novenber, 1807.

He hat laid that ieitet before the King ; and he
it oommaoded to aasure Mr. Pinkoey that tba
answer to the proposal, which Mr. Pinkney was
inairucted to bring forward, has been deferred
only in the hope ihat the renewed applieation,
which was understood to have beeo receailr made
by the Qv)veriimMil of the United Slates to that
of France, might, in the new state of thing*
which has arisen in Europe, hare met with such
a reception in Prance as would have rendered
the ■ - -

dignity, anil with the interests of his people.as it
would have been wiili His Majesty's diipoutioa
towards tbe United Stales.

Unhappily, there is now no longer any reason
to believe thai such a hope is likely to be realized,
and the undersigned is, iberrfote, cummaaded lo
comaiuniclte to Mr. Finkney tbe decision which,
under the circumstances a» they stand. His Ma-
jesty feels himself compelled, however nnwil-
linely, to adopt.

Theiuiti^ated measu N of reinliat ion, announced
by Hia Majesty in tl\e Qrder in Council of the
7[h January, and the further cxlen«jon of ibat
measure (aa ezieniion in operation, but not in
principle) by the Orders in Council of November,
were founded (as has been already repeatedly
avowed by His Majesty) on the " unqueiiiiuDsbie
right of His Majesty to retori upon tbe enemy
iheeviUof hisown injustice;" and upon ihecoo-
sideraiittU) that " if thud partiea incidentally suf-

.yGooglc

1629

APPKSDIX.

]«30

lUlaiian* with. Great BrUain,

bred by tliete reulialorf meiMim, they were lo
seek their redreia from tbe Power by whow origi-
nal BfcgKision ihtl retaliatioo was oecuioned,"

Hh Majeiiy sees noiiiiag id the embBrgo laid
on by the Prrdident of the United Siatet or
America, which raries Ibis origioal and simple
■tate of the questioo.

IfcoDsidered >■& raeatureof impafliml hoitility
aqaiDsl ixilb belltgeienn, Ihe embargo appean to
Hit Majeaty ig bar* beeo nunirmi^ uajni^ ai.
Mcording lo etety principle of juatiee, ihai re-
dieta ought to bave been fint sought from tbe
^ny origicaiing the wrong. Aad Hii Majt^rl?
cannot cpnaeni iQ buy off that hotlility, wbicn
AmerUu ought dm to bare extended to bim, >i
tbe expense of a concession made, not lo A me nca,
but to France.

If. as it has more generally been represented by
tbeOovernmeatof the United Slates, the embargo
is only to be coiwiderad .as na innocent municipal
regulation, which affects none but the Uniied
Slates ibamaelre*, and with which no (bteign
State has any concem ; viewed in this light, His
Majesty does not coaeeive ibat he has the righi,
or tbe pretension, to malte any complaiai of it,
and he has made none. Bni. in ihis light, ibeie
appears not only no reciprocity, but ao assign-
able relation, between the repeal, by the United
Stales, uf a measure of voluntary self resiriciion.
and Furreoder, by His Majesty, of bis right of
letaJiaiioD against his enemies.

Tbe Governiueat of ibe United States is
now to be iafurraed ibat the Berlin decree of
November gist, 1B0€, was the practical eom-
■nencenieat of an attempt, not merely 1o check
or impair the prosrwriiy of Great Britaio, but ut-
terly to annihilate ner puiitical eiiste nee, through
(be ruin of ber commercial prosperity; thai, in
ibia atiempi, almost all ihe Powers of the Euro-
pean comiaeQi hare been conipeUed, more or less,
to cooperate; and that the Ameiicao embargo,
though roost assuredly not inuoJed to that end,
(for America can haveno real interest in the sub-
TersioD of the British power, and her luieri
too eiiJighteoed to act from any impulse, against
the real interests of their country,) but, by some
uuforiunaie concurrence of circu aula nee.', with-
oul any hostile iotEntion, the Aiuericao embargo
dill come in aid of tbe ''blockade of the European
cootineol," precisely at the lery moment when,
if that blockade could have succeeded at all, ibii'
interposition of the Americsn GovernmeDt would
most effectually bavecontfibuted lo its success

To this universal combinaiiun HisMajesiy ha^
oppoaed a temperate but a determined reiaiiaiioii
upon ihe eoemy ; trusting thai a firm rcsistancr
would defeat ibis project, but knowing ibai ibi
smallest concession would infallibly eocuuiage i
perseverance in it.

Tbe struggle has been viewed by other Powers,
not without an apprehension thai it might be fa
tal to this country. Tbe British Qoverumeut has
not disguised from itself that the trial of such nii
Fiperimeni might be arduous and lunz, though ii
has never doubted of the final issue. But if thai
ii3ue,iiicb uthe Bdiisb Qo vein meat con&lea'ly

ide of the Oonlineni,"aait haabeen triumphantly
.lyled by ibe enemy, is rais-'d even before it had
been well esinblished ; aad if that Eystem, of
which extent aod continuity were the vital prin-
iples, is broken up into fragments utterly harm-
!8s and coniempiiblej it is nerertheleu imporn
lant, in the highest desree, to the reputqiion of
this country, fa reputation which constitutes
great part of hei pover,) that thisdisappoiDlment
uf the hopes of her enemies should not have been
purchased by any concession ; ihat not a doubt
should remain to distant times of her determina-
and of ber ability to have continued her »•
sistaoce ; and that no step, which could eveo mia-
takenly, be construed into coaceeuon. should ha

' ta oo her pan, while the amallesl link of the

federacy retnainii undissolved, or while it can

be a qoettion whether the plan detited for her

desiruction has, or has doI, either completely

fsilfd, or been unequivoeally abandoned.

These considerations compel His Majesty to
dhere to the principles on which the Orders in
;ouocil of the 7ih of January, and tbe llih of
Norember, are founded, so longas France ad-
heres to that system, by which His Majesty's re-
laJiatory meaaures were occasioned and justified.

' in not improbable, iodeed, that some altera-
I may be made in ibe Ordera in Couacil, as
tbeyareal present framed ; alterations calculated
not to at»ie their spirit or impair their ptinciplci
but to adapt them more exactly to the diflereut
stave of thing!! which has fortunately grown up

Europe, and lo combine all practicable relief

oeuirals, with a more severe pressure upon the

emy.

But of alterations to be made with this Tiew
ooly, it would be uocandidio lake any advantage
in the present discuasioa ; however, it might H
hoped that in their practical effect ihey might.
prove beneficial to America, provided the opera-
tion of the emtwirgD were not to preveut her froai,
reaping that beoefit.

It remaiiM for the undeiJ^igoed to take nolick
of the last paragraph of Mr. Pinkney's letter.
There canooi exist, on the part of Mr. Pinkney,
a stronger wish than there does on that uf thq
undersigned and of tha British Qovernmeai, for
the adjusimeni of all the differences snbiifting.
between the two couniries.

His Majesty has no other disposition than to
cultivate Ibe moat friendly iuiercourae with the
United States.

The undersigned ispennaded that Mr. Pinkney
would be one of the last to iraa|[iae, what is often
idly aiaeiied, that t^ depression of any other
country is neeestary or serviceable to the pros-
perlly of ibis. The prosperity of America is es-
-eniiully ibe prosperity of Great Britain; and the
slrencih and power of Grenl Britain are not foe
herself only, but fur ihe world. When those ad-
justments ahaU lake place, to. which, though un-
hiriunately not practicable at this mamcnt, not
under the conditions prescribed by Mr. Pinkney,
ibe undeni(ned neverlbeless confidently looks

.yGoogIc

16S1

APPENDIX.

Rtlation* wA Qrtai Brilain.

rorwtrd, tt irilt p«rh*p« be a

leiroed duly toBppreciaieeBchother'ifriFndiihi, .
aod ihat it will not herMrier be impurvd to Qmi
BritBin, either on the one hand ihal >he etiTiM
AmericRD industry rs prfjudicial to Britith com-
meree, or on tlie ulh«r hand that ahe ia eompflled
to court an interciiurte with Amrrica ai abio>
lutelf nvc«»ary to her own exiiience.

liii Majesty would not hesitate to contribute,
to any tnaoner in hi* power, to reviore to the com-
merce or the Uoiird State* it* wonted aciiTitjr;
aod ir it were pouible to make *tiy Meriflce loi
the repeal of tlie embargo, without appearing to
deprecate it as a measure o( hostility, he would
fladly have facilitated its removal, as a measure
(rf iiicoDTCnieot reatrietioit upon the American
people.

The undersigned it CDmrnaaded, in conclnsion,
loobsKrve, Ihat nothing in said id Mr. Pinkoey's
letter of any intenlioD to repeal the proclatnalion
by which the ships of war of Great Britain are
inlerdlcteil Irom all Ihoie rights of hobpitBliiy in
the ports of the Untied Siaten which ate freely
allowed to the ships of His Majeaiy'a enemies.

The coDtiouaflce of an toterdiciioD, which,
voder stich circumstances, amounts to nearly lo
direct liostiliiy, after the willinraess professed
aod the attempt made by His Majesty to remoTe
the eagte on which that measure bad been origi-
Dally luunded, would afford but an inauspicious
omen for the commencemeDl of a system of mu-
tual conciliation ; aad the omission of any notice
of Ihat measure, ioibe proposal which Mr. Pinkney
has been instrueted to bring forward, would hare
been of itself a material delect in the ovetiure of
the Preiident.

But the underaigoed is commanded ni) farther
lo dwell upon this suhjeei than for the purpose of
assuring Mr. Pinkney that on this, and every
other point la discussion beiveen the two Qov-
crnments, His Majesty earneaily desire* the retto-
ration of a perfect good uoderslandiiig, and that
His Majesty woi]ld decline no measure for the at-
taiomeut of that objectwhich should be compatible
wiih hiiown honor and just right* and with the in-
terest* of his people.

The undersigned requests Mr. Piokney will ac-
cept iha MtuiVQcea of his high consideration.
QEORQE CANNING.

Mr. Pi&kaay to Mr. Oaaning.

Qrbat CoMKEiiLaitD PlacR,
StpltMber 24, 1S08.
Bir: I have the honor to acknowledge the re-
ceipt of your answer to my official note nf the 23d
of ^Bst month, relative to the British Orders in
Council of January and November, 1807, together
with a Biaiement of " the substance of what has
passed between u* at our several inlrrviews, pre-
rious to the presentation of that note."

I shall lose no time in trausmitiing torayOnT-
ernmeni copies of boiti these papers, upon the laal

of which I will take the liberty in the course of a
few days lo trouble you with some obserTations.

I have the honor to be &e.

WILLIAM PINKNEY.

Right Hon. Geobog C&HKiHa.

lb. nnknar to Hi. Msdiaao.

LoHDOH, October II, 1808.-
6(8 ; 1 have the honor to transmit, enclosed, ■
copv of ray reply to Mr. Canning's letter lo iDe
of ine 83J of laat mooib, accompanying his oi^
eial answer oi the same date loin 7 note of the 33d
of August. I have the honor to be, Ac.

WILLIAM PINENBT.
Hon. JxUKM Madiboh.

[AUnded ta in Um above letter of Mr. Finkncy.]
Hr. FiDknar to Mr. Causing.
OkB AT Cum MB LANS Plaab,

October 10, 1808.

Sir: irmyreplrto the letter which tou did
me the honor to address to me on the 23i of last
month shunid be of greater length than the occa-
sion may be thought to require, you will I am sure
impute it to its real cause — an earnest desire on
my part, arising from a feeling of sincere respect
for you, that the suiement which I am to gire of
facts deevied bjr you to b« important, shotild be
full a* well as accurate.

I will not fatigue yon, air, with asHranee* that
no person could be less disposed than I am to find
fault with the object of your letter, which appeati
to be lo guard against all miirepresentaiioa of
" what ha* passed in our laie interviews beyond
what you find recorded in my note." You faara
told me that I have personally no concern in that
object, and I did notrequire to be told that my GoT-
ernment has as little. I understand, indeed, that
the circumstance which hat suggested a pecoliai
motive for this proceeding was one of those newt-
paper misrepreseniatioaswbich every day prod nces
where the pre>s is free — which find no ci^it, and
beget no eonseqnence — and for which it is greatly
to be feared your eipedieni will proridc no rem-
edy. Of my conduct, when that citeumsianco
occurred, in giving vou unsolicited proofs that I
had irantmitled to Mr. Secretary Madison a faitb-
ful report of our conferences, misiaken by publie
rumnr or private conjeeinre, it is not necessary
for me to speak; for you have yourself done justice
toil.

The motiTD to which I am indebted for tbt
honor of your letter appear* to hare been inalru-
mental in producing anothn effect, equally unex-
ceptionable. Bat you will allow me to say, that,
until the receipt of that letter, I had not been
apprised, by the alightetl intimaiion, that it was
in any degree owing to such a cause ihat yon
declined, 00 the part of His Majest]!'* Qovem-
ment, after two conference*, in which I had been
Boffered if noi encoureged to unfold mysrif, tndi*
vidually a* well as officiatljr, at great length and
with perfect frankness to give an answer to mf

At our firtt intcr*iew, (on Ibe 39lh of Jtiite,)

.yGoogIc

1S38

1634

BeiatioM witji Great BrUaia.

verbal commDDieatioa was not dueoaat«unead,
bul commended; for.sfier I b«d made mjrself un-
derstood as to the purpose for which the iDterview
had been requested, you asked me if I ihou^ht of
takiD^ a more formal course, but immediately
added that you presumed I did not, for that the
course 1 bad adopted was well suited to the occa-
sioD. My reply was, in subBiaDce,lhal the freedom
of courersatioavrax better adapted to out subject,
aad more likely to condusi us to ait ad*aDia^eous
eoDclusion than the eonslrainl and formality of
written intercoorne, and that I had not intended
to preaeat a note. At the seeond iDterview, (on
ihe22d^f July,')itdid not occur to me thai I had
any reason to conclude, and cartaialy I did not
conclude, that verbal com muoica lion bad not oon-
tiaued to bfl accefilable ms a preparatory «ourse ;
and it wa* not'uaiil the ibird iotemew (on ibe
29ib of July) that it was rejected as iaadmisaible.
But evea men I was npf told, and bad not the
■mallest suapicion, ibat this rejectioa was .to be
ascribed, eithac wholly or pMiially, to the mo-
tive which your leKec baa sine* annoaoeed to
me. That this motive had, neverihel^, all (he
inflneuce now imputed to it I am entirely con-
fident, and I laka notice of it only becaose, as I
have not mentioned 4t to my Government in my
official account of our eoaferenees, I can no other-
wise justify ibe omissioa, either to it or to you,
than by showiog that 1 had, in inith, no knowl'
edge of tbe fact when that aeooant was trana-
mitted.

1 may take occasion to aei forth, ip tbe present
letter, the import of all that can be material of
oar several conversations, acoordicg to my recol-
Iwiioti of tbem ; but there are aome poiqts to

although I should myself, perhaps, hate been
clined to think that they had lost mneh of tfabir
importance by the preoentation of my aoie and
the receipt of your writica aaawer; both of
which Rre peifeeilr intelligible, upon these points
at least, without the aid of the oonferauees that
preeedsd ihem.

You observe, that "the principal points in
which the suggestions broogbl forw&rd by ma,
in personal cODferenee, appear to you to have
diflered in some degree from, the pro|K»«l stated
by me in writing, ai* two: the first, that in cod-
vervBiion the proposal itself was not distinctly
stated as an overture authorized by my Oov«ra-
ment i Ibe second, that the beiieficial coosequeaces,
likely to result to this cooniry ftoroVbe acceptance
of that pEBpoaal, were "panned" tluough more
ample " ilIastratiDns."

With renrd to the first of these supposed dif-
ferences, I Teal persuaded, sir, that upon further
reeollnition, it will ooonr to you, that, at our first
conference, f told youex|diei(ly that the substance
of what i then suggested, (that is to say, that
your orders being repealed as to us, we would
suspend the embargo as to Great Britain,) was
from my Qoveroment; but that the manner of
coDdueiing and illustrating the subject, upon
which I bad no precise otitn, was my osrn. I
lOtb Con. 2d Sim.— &8

even repeated to you the words of my instructions
as they were upon my memory ; and I did not nu'
derbtand, either then or afterwards, that there was
any doubt as [o their existence or their sufficiency,
or any desire to have a more exact and Jbrmal
communication of them while the result of out
discussions was distant and uncertain. I said,
undoubtedly, that I bad been directed to require
[he revocation of the British Orders in Conaeil;
but I said also that, although the Government of
the United States still supposed itself to be au-
thorized to sxpect their repeal upon the ground
of right as it existed from the first, (a subject,
however, which I informed you I did not wish at
that time to agitate,} 1 wao, notwithatandicg, em-
powered to give you the above-mentioaed assvi-
aoces, which would, as I presumed, hold out ia-
ducemenls to Qreai Briiaic, as well on the score
of policy as on that of justice, to fulfil (hat ex-
pectation. I should scarcely have undertaken to
offer such asBUraeces as from myself, or upon my
own "conviction" that the President would aM
in confotiQity with them. And I should still leas
(if that wtare possible) haye ventured to ask of
you that you would make them, in that form, the
subject of repealed conferences, aod even of refer-
ence to others, as placing the question of a recall
or contiouance of ibe Orders in Council Dpoa
new grounds of prudence and equitv.

If It is merely intended (as I doubt not it i5)| to
My that I did not make, or declare my ihtention
to make, my overture in writing, befo|:e I had en-
deavored to prepare for it by persotial explanations
such a reception as 1 felt It deserved, and before
I could ascertain what shape would it be most
proper to give to i(, or how it would be met by
this Government, nothing can be more coriect.

It was my sincere wish (hat my proposal, which
I believed (a be advaa[ageous to Great Britain,
as well as honorable to tbe United States, shooU
be accepted ; and accordingly I preferred a mode
of proceeding, which, while it was calculated to
avoid unprofitable disouaiions upon topics of some
delicacy and great difficulty, would furnish oppor-
tunities for frank and friendly communication
upOB all the bearings of my proposal, and lead to
the result at which I aimed, if that reeult should
be practicable in such way as upon mature reflec-
tion, and after a liberal in lercbanga of sentiments,
should be fouad to be most for tlie honor of our
respective Govetnmeats. These views were laid
before you without reserve, and seemed to be ap>
[vaved;and I confess to you, sir, ibat when Iwu
afieiwardsinlbrmed that, if I wonld obtain an
answer to my overture,! must-make it in writing,
and that I mast not look for any previous intima-
tion of the nature of that answer, I did not ailosr
myself auT longer toaiiticipaie with much confi-
dence EUCD an issue as I desired.

The second difiereuce wbich your letter sup-
poses to exist between my] note end verbal sug-
gestions cannot, I ihiak, in any view, be verf
material. I will say something upon it,however.

My note declares, that, if 1 forbear to purstte
certain ideas tbrpngh all the illustrations of wbieb
they ore su«»eptible, it is because out personal

.yGoogIc

16S5

APPENDIX

lUatiotu itith Grtat BrOatn.

eoDfeteneci, «■ well *■ the obviotM nanta of the
idea* tbemMlrM, render ii QDneeeMBTT. This
impliM, undoubteilly, ibit more bad been Hid in
OUT coDferencei, explaoatoTy of ibese idea*, than
It to be fouod in tbe note iitelf ; and thai iinpli-
eaiioD can aaarceiy be othervriie than true, tf 1
"expatiated largely," a« you rery juiily wy I did,
"upon the coDiequcncei of a iDipeiiiion of ihe
amMwo ai to Great Britaja. while it aiill contio-
Ved to De eaforced againat Fraoee."

Tbe geaeral idea to vfaicb the note refer*, ii,
thai juatice aod ioiereal conspired to recotntnend
that yon ihould take ad^aDtage of my proposal.
The pariieuiar poaiiioo* are, that, if vour orders
and our embargo ahould be feaeiuded id the maa-
■«r luggesied. oar commercial iniercourae would
be immediately teTived ; that, if Prance followed
your example, and retracted fa«r decrees, the
s*owed parpoae of your orderi would be accoin-
pliihed i that, if Prance refuMd to retract, the
American eioharga, continuing a|i to her, would
oeoupy ihe place of your orders, and perform iheir
«ffice even betier than they could perform it ihem-
•etvea^ without any of the diiadTaoiages ineepa-
table from sucb a ayatem.

It ia certain that in our eooTerniiona I endeav-
ored to prore thai these general «Qd particular
Bolians were founded in truth, by a variety of
argument* thrown out in a Tery desultory way
With morexeal than precision, and witb that en-
tire freedom which unlimited confidence in your
candor, and a firm opinion thai tbe views of my
Government would derive new titles to respect
from a full examipalioD, were calctristed to pro-

I should not deal ingenuously witl) yoti, sir, if
1 were to pretend tbat I tbink royaalf able to
Teeapitulaie these diajoioted arguments as tbey
were actually delivered ; aad I am qnite sure that
I shall consult your graiification, as well as ray
own credit, by declining such an ondertahlDK.
Bull tbink lean slate^ in a coBdenied form, what
1 intended you should ooderatand ; and f prenime
that what I did say waa not very wide of^my real
Impreaaiona.

Upon the fooling on which my overture would
place the justice of the British orders, I did not go
Mto mucb detail at any one of the ibi

yon on the 36ih of August, (of which, however,
11 is proper 10 say I hare only a very scanty mem-
orandum,) their import will not perhaps be fouad
to be mucb, if at all, mistaken in such parts of the
following statement as rekie to tbM branch of tbe
•ubject.

Imeaot to luggest, then, that upon your own
principles it would be extremely difficult to de-
cline my propoeal; that your ordert inculcate, as
tbe doty of ueutral nations, resistance to the mari-
time degrees of France, as overturning the pub-
lic law of tbe world, and profeiiedly rely upon
that duty, and an imputed aundoiitiMDt of it, fbr,

tbeir IcdneciseDt and ibeir justification; that, of
these oriters, tbat of the 7th of January, 1B07, (of
which the lubae^oent orders of November ate
Mid, in your official reply to my note of the 23d
of August, to be only an exieusios, ''u extensioa
in operation, not in priirciple,") was promolgaied
and carried Into effect a few weeks only afier the
Berlin decree had made iia appearance, wfaen (In
American Gkvernmtni cnuld not possibly know
that tuck a deeree ezitted, when there had been
no attempt to enforce it, and when it bad become
probable that it would not be enforced at all to
the prejudice of neutral rights; that the oiher
orders were iiMied before the American Qirvem-
meni, with reference to any practical violation
of its rigfaia, hf an attempt to execute the Berlin
deeree tn a senoe different from the atiptilatioM
of the treaty subsisting beiweea ibe United Btaiei
sad France, aod fTotii the eiplauntiona given to
Geoeral Armatrong by the French Mioiater of
Marine, aad afterward* impliedly confirmed bf
QcneralChampagny.aawellasbyacorvcniandeai
practice, had any sufficient opportunity of oppos-
ing that decree, otherwise than it did oppose it;
that your orders, thus proceeding upon an as-
sumeo acquiescence not existing in fact, retaliated
a thousaod-fold, through the rigbia of ibe United
Biates, wrongs rather threatennl than fell, which

giu were not authorized to preiooie tbe United
tales would not tbemaelvea repel, as their honor
and their inieresia required; inai oidara, so ia-
sued, were, to say the least of them, an unaeaaon-
able interpositioa btiweeo tbe irnuring and the
injured parly, in a way tbe most fatal lo the lat-
ter; that, by taking justice toto your own handa,
before you were entitled lo do so, at the ezpenae
of everything like neutral rtghu, and even at
tbe expense of other rights, justly the objecia of
yet greater sensibility, and by mfiicting npon
oentral nations, or ntkernpoo the United Sintca,
the only oential nation, injories infinitely more
aercre and extensive tiwn it was in the power
of France to inflict, you embarraaaed and con*
founded, and Tendered impracticable, that very
resistance which you demanded of m; tbat my
proposal denroyed all imaginable moiires Aw
contiDuiag,wbatever might have been tbsmativea
for adop'"' -■ ' ■ c. . .. . -,

""■Wed .

with advantage, what should not bare eoaae be-
tween France and u*; that ill neceasary tendency
was to ptaae us at issue witb tbnt Power, or. ia
oiber words, ia the precise siinatioD in which yon
have maintained we ought to' be plnecd, if It
should persist in obnoxious edieu; tbat the coo-
tinuance bf ou{ embargo, ao modified, would be
at least et^uivnlent to your ordcta, for that, to their
most efficient state, your orders con Id do no more,
as regarda tbe United States, than cut off ihnr
trade u1tb Fnnee. and tbe oououks oonuecMd
with her, and that our embargo remainiitg as lo
France aod those countries, would do exactly the
same; that if tbe two courses were baidy. or
even nearly, upon a level, in poiat of expediency,
Qreai Britain ought to be forward to aifopt ihnt
which wna ccoaisient with the rights, and (cnpcM-

.yGooglc

less

Aelottont vith Qrtat Britain.

ful to the feetiags, of olbarg; thatinr piopoiil,
however, had powerful recomnieatiatioaB, wbich
the Orden U Couocil had not; that it would re-
establish, without the hazard of any diiadrBn-
lage, before new habiu had rendered it difficult if
not impouible, • traffic which nouriibed your
most eMential maoufBctUTet, and vaupua other
importaot aouicea of jrouf proiperity ; that it
would not oalf restore a coDDezioD, valuable ia
all its Tiewa, but prepare the way for the reinra
of mutnal kindeea*, for adjuitmeaiK greatly to be
desired, and, in a word, for all tboie coaaequeDees'
which follow in the iraiD of mafnanimiiy and
cDDcitiation, associated with prudence BDdiutiiee.

Among ibe oWrTaiions ialeuded lo ilfaiti^te
my opinioa of the eariein, probable, and potsibte
effecta of the e«u)curr«Dt acts which my propQaa)
bad ia view, were those to which you alluded
in (ha aixth paragraph of your letter. HaTiog
Etaled that renewed eomniarcjal intercauraa be-
tween Great Britain and the United StaiCH wobld
be the first effect, I remarked, in the progreu of
the ctHiTerution, that the edicli of Fiance could
not preTeet that intercourse, erea if France eboald
adhere to tbem ; alihougb Great Britain, by her
BUperior naval oieans, might be able to prevent
iheconverseof it ; that ihepower of Fraitce upon
the leas wai in do degree aae<iuale to such a pur-
pose, and, if it ware otherwise, that it was not to
Ewauppoaed that ibe United Stales, resuming their
lawful aommeree with this eouoiry, after a recall
of the British Ortlera in Couoeil, would take DO
mesiures asaiOHt systeaiatie interruptions of that
eommerce oy force and violence, if such- ihould
be auempled.

jr, when I was honored with the different in-
terviews before meniioned. I had been able to
conjecture the nature of the argumanUt which
were to bave influence against my proposal, as I
now find tbem s(at«d in your answer to my note,
I should have ventured to suggest, in addition lo
the remarks actually submitted to your coBsider-
■tion. that, if " the blockade of the European
eootiDCBt,'' by France and the Powers aubser-
Tieat to or in combination with faei, to which
your orders, as " a temperate but determined re-
UiliatioB," VMK oppitsea, ha* been " raised even
before it had been well established," and if "ttMt
•ystem," so opposed, " of which extent and coo.-
unuiiy were the vital principles, has been broken
up into fragments utterly bar miess and contempt-
iblsr" there seems searc^y to be left, in your own
view of the subject, anv intelligible . juslificatioa
for perseverance in such of the retaliatory mea-
sures of Oreat Britain as operate through the ac-
knowledged rights of a Power, confessedly no
party to that combination, and ready to fulfil her
fair neutral obligations if you will suffer her lo
do so. Under such cireomitances, to abandon,
what it is adfiiiited to have lost, its own legiit-
mate object, is not* " concession i" it is simple
justice. To France, indeed, it mi^t he conces-
sion. Bill it is not France, it is thi Oovernment
of America, neither subservient to France not
eombiaed with France, a third party whoae rights
■ndjaiereauyoucoidtrsdeeply affect, withoatasy

adequate necessity, according to your own aUow-
ing, ihat requires their recall ; and that, too, upon
terms, which cannot but promote the declared
purposes of these orders, if any remain (o be pro-
moted. I say " without any adequate necessity
according to your own showing /' for I am per-
suaded, sir, you do not mean to teil us, as upon ,a
hasty persual of your answer to my note might
be imagined, that those tights and interests are
to be set at naught, '' lest a doubt should remaia
ID distant times of (be determination and the
ability of Great Briiain to have coniinned her
resistance," or that your orders may, indefinitely,
give a new law to- the ocean, lest the motive to
their repeal should be miataken by your enenqr.
If ihis might, indeed, be so, you will, pe.rba^
permit me to say, that, highly as we may be dis-
posed lo prize the firm aiiitude and vast means of
your country, at this eventful moment, it would
possibly sua;gest to some minds a reluctant doubt
on the subject of your observation, '' that the
strength and power of Qreai Bittaia are not for
herseir only, out for the world."

I might aUo have been led to intimate ihiU ra;
proposal could apparently lose nothing by admit-
ling,. that, '.' by some unfortunate ooncurreoce of
ci 10 urns ta aces, without any hostile intenlion, the
American embargo did come in aid of ''the be-
fore-mentioned" blockade of the European conti-
nent, precisely at the very moment when, if that
blockade could have sncoeeded atall, this inter-
position of the American Government would
most effectually have contributed to its success."
Yet, I should probably bave thought myself bound
to remind you, thai, whatever may be the (ruth of
this speculation, the same embargo withheld om
tonnage and ptoduclioos from that communica-
tion with the colonies of your enemies and with
the European continent, which you had aaserUd
youT right to prevent i which, asadiieci commit*
nicaiion (with the Continent,) you had in fact
prohibited ; which, even through (be British ports,
or in other qualified fqrms, you had professed to
tolerate, not at (hat which could be claimed, but
as an indulgence that could at any time be with-
drawn ; which, as a traffic for the United States
to engage in, you bad at least discouraged, not
only by checks and difficulties in the way of ila
prosecution, but bv manifesttog your inteotioas
to mould it into all shapes which the belligetaat,
fiscal, or other peculiar policy of Great Britain
might require, and to subject it to the eacluaire
junsdictioo -of her municipal code, armed with
all the prerogatives of that universal law to which
nations are accustomed to look for the tights of

In giving an account of our second conference
you say "that, though not stating myself lobe
authorized by my Governmenl formally to. offer
the suspension of the embargo as an immediate
repeal of the Orders ia Council, yet I did profesa
luy readiness to take npon myself to make that
oner, provided that you would give me before-
hand an uuofficial assurauce that, coupled with
that offer so made, tbe demand ol the repeal of
(be orders would be favomUy receired ; but you,

.yGoogIc

1«S9

Rfiatxmt \Bi(h Cheat Britain.

oteovnr, decliDcd to give ■117 inch prerioos iS'
■nrmnce; bD[, bb I ipprarrt) (o stricn ;mi jm-
portRDce to ihii sop^mion, bdiJ you were led to
think that a corapliiDce with it mifrbt
IVtim a difficulijt m czecminK the instrDctions or
ny GoTernmeni, joa conaented to take a few
dafvlu consider of It, and loreterTe joar deflniii^
■Dfwn- until you should see me igaiD." You
theD abserve that you never doubled, in ycnrown
toind, as to the inezpediency and impropriety of
raeoartcine me to take an uoanthorized step, by
an UDoffieial promise that it Bhouid be well re-
ceived. I ara luie you did not, lir; but I tnast
take the liberty to say that I am equally *ure tbi
I never thought of asiing you to give me eneou
agement to take an unauthorized step of any kin'
1 am, indeed, traly mortified that tny conduet hi
appeared to you in ibat li^hi; and I should not
be rradily consoled, if I did not reflect that, =-
eondeicendJDg to liMen, even for a moment,
what muM have iiroek you as an irregularity.
vaiD and nugatory in itx purpose as reprehensible
in its prineiple, you must at least bare given me
credit for rood intenlinns, and for a slroog desire,
aJDcerely felt, although erroDeoufly obeyed, that
onr eountriea ahould Hod themselves in that rela-
tive poiiiioD which suits ibe iotetests atid tends
10 the happioesa of both.

When 1 profetaed a readiness to make my pro-
posal in writing, it was^ as you' state, provision-
ally; but I did not intimate that I was acting
without authority, nor did I comprehend that snc£
was, as I now know it to have been, your impres-
aioo. The provisional nature of my offer arose
«tit of circniDitances, and was afterwards pressed
apoD conviction that, if it was meant to adopt
the views of the President, noihine laon could
be Decessary. I understood you to ne desirous of
aacerlaining whether 1 was empowered and dis-
posed, with a view to a final arraBgemeni, to pre-
■ent what 1 had sug^sied, in a written form, as
au overture originating with my Oovernmenl. I
Hid, of coune, thai, everything being first ma-
tured, a note should be presented, but that I would,
iviib your permission, take a tittle time to con-
aider of the manner and terms. I did not at that
time suppose that we were conrersiDg about a
written proposal which was 16 be made only to
he rejected, or even for the purpose of deli be rati on ;
and consequently, in professing my willingness
to make it as soon as we were prp{Mred for it. 1
presumed that I had done all that you desired.
And I was confirmed in this opiniou, not only by
your laying nothing, as I supposed, to the con-
trary, but by your requesting me, as I was about
to leave the room, to employ myself, before the
next interview, upon such a note as we bad been
talking of; and then retracting that request, by
observrns, that I would doubtless first d^ire to
know what were your ideas and intentions upon
the subject of il, with which I was given 10 un-
dcraland I should be made aeijoaiuted at another
conference.

At the third interview, after speaking of a trans-
action upon the Lakes^ or which your traders —
pfauDedj and of tDOther occurrence in the

I the bay

of Passamaquoddy, you observed, thai you bad
thought long and anxiouil v upon what I had sag-
gested Id yon ; that the suDJeet had at first struck
you as being much more simple vbao upon care-
ful examination it had beeu found to be ; thai, ia
the actual state of the world, it behooved both^aa
and me to move in this affair with every possible
degree of circumspectiop ; that, without aooie
eiplieii proposal on my part, in writing, upon
which the British Qovemment could detiberale
and act, noihiag could be done ; and, finally, that
you must leave me to eonsult my own diseretisn
whether I would make such a proposal.

It appeared to me that, if this determinaiim
should be persisted in. my overture was not likely
to be successful ; ana I urged, accordingly, the
proprietr of going on ia a course which would lead
us to a neiier issue. That eonrse was, that we
should understand one another as to onr respect-
ive views, and that a concise note, which I had
in fact prepared since the last meeting, should
then be presented and acted upon. You infbriDed
nte that my wish in this particular could not be
acceded to; that, if I presented a note, you must
be left at perfect liberty to decide upon what it
proposed ; that yon could not give me even an
intimation of the probable eonaequeoees of it;
end, in a word, that you would Deiiher invite nor
discourage such a proceeding. You added that
there were some poiata belonging 10 the subject
which it woiHd be proper to discuss ia writing,
one of which was the connexion between oar
embargo and your orders of November, supposed
to be implied by mv proposal. 1 reaiarked that,
with an actual result in riew,Bnd with a wish 10
arrive at that result without delay, it could not be
advisable to entans'le ouraelve* in a writieo cor-
respondence, uodenued as to its scope and dura-
tion, upon topics on which we were ttot likelj to
agree, and that, if I were loframemy note, witha
knowledge that it was to provoke argacneot, in-
stead of leadiog at this crisis to a saluuTy change
in the slate of the world, vou must be eoasciooa
that I too muit argue. And where would tttia
end ? To what wholesome couaequenees would
it conduct us 7 At the close of the interview I
observed that, as the footing upon which the sub-
ject was now placed made delay of no imporuaee,
I should take time 10 prepare such further p«K
ceeding as the occasion required.

On tbe S6lh of August I had the honor to see

fou again, and, after entering more at large tbaa
had oefore believed to be proper into a eoosid-
atton of the efieci of my proposal 00 tbe equity
of adhering to your Orders in Council, and, after
reading toyou parts of mv instructions, I deliv-
ered an official note, in wnieh the proposal was
made in tbe form required.

Something was said at this inierriew of the
affair of the Chesapeake, and the Prcadeni's pro-
clamation, which It is not,' I presume, neeeasary
to repeat- It will be sufficient to state, that yoa
asked mc what was to he done with these sub-
jects? And that my reply was, that they had no
connexion with the present ; but that I could say,
with con Sdeuce, that my OoverDmeni bad every

.yGoogIc

APPENDIX.

Rdatiom viA Great Britain,

1642

dicpositioa to itleDd to them, with a *iew to such
■D adjosimeot B« would be honorable to both
pariiei. I did not Euppcue thai it was exjiected frgr
you did Dot JDCimate Euch en ezpeclation) tliat
renewed negotiation upon these points should,
as well as the repen I, upon terms, of your Order i
in Coancil, be inriled bf a formal overture from
the QoTernment of Araerica.
I wilt not (rouble you with many observations

you state in. your latter ibat "there was one
poiot upon which you were particularly aoi
to receive precise information, and upon which,
from my candor and fraekness. fou vkjk for-
tunate enough lo obtain it." This wb«, "whe-
ther in fact the Orders, in Coancil of November
had been koona to the Government of the Ui
ted Stales previously lo the Message of the Pres-
idenE proposing the embargo, bo bb Io be a moving
eoDsideration to that Messagel" I quote thi
passage principallr that I may recall to your re
coileclioD that my suggestions upon the subjec
of it were not made omcially, or as being authoi
iied or furnished bf any commuDicatiOD from
my Qoveramenl, or in answer to any direct in-
quiries on your pari. They were very briefly
made near the close, as I ihink, of our third inter-
view, in consequence of your iniimalion, (inceod-
ed, perhaps, (o amount to an inquiry,) that my

Sroposal implied that the embargo had been pro-
uced by the orders of November ; to which you
added that this could not be admitted, and, (as I
comprehended what you uid,) that it even re-.

Suired to be made the subject of some notice or
iscussion in writing, as iotimaiety eoaoecied
with myproposal, if itsbould be brought forward
ia lh»I shape; and I nndetslOod you (o issigu this
as one of the reasons why a written overture was
indispensable. ' Id replying to that iniimBiion, and
the remarks which followed it, I professed lospeak,
asldid in racispeak,from general informaiioo only,
and disclaimed, as it was my duty to do, aU au-
iboriiy to say more upon the nature and origin of
the embargo than I had some time before commu-
Dicaled to you, in obedience' to (he orders of the
President. The purpose of my observations vas
chie&y 10 show thac [here was do inducement for
embarking in formal discussions upon this point ;
and i assured you that it was not in my ponrer,
either as respeoled instructions from my Govern-
ernmenl, or knowledge of facts^ (o do so. My
opinion was, and I spoke accordindy, thai it was
one of those questions wbicb might be left com-
pletely BE rest, without the least injury to the
wisdom or (he jusiice of our conclnsioas upon
thegrelt object of our conferences. There could
be DO objection, however, to my giving you on
this head such conjecEural inforinaEion as I was
able; on the contrary, by fully disclosing to
you my owit materials for forming an opinion
npon it, yon would be eoabled more distiucEly to
iee that I could take no part in any discussion
which you might propose to apply to it. And I
could not bot be assured that any anxiety yoii
iBigbt feel to obtain a knowledge of the facts in
qHeuion sprung froia coAtideratioiu which had

everr claim to my respect ; for I knew that yonr
mind was far above the reach of prejudice, which
would ascribe the AAericao embargo to parti-
cipation in the councils or views of your adver-
sary, or of any foreign Power whatsoever.

My suggestions were to (be following effect :
that 1 believed that no copy of your orders of
November had arrived in the United Sutes, at
the dale of the President's Message; that a recent
change in the conduct of France to our prejudice
did appear to be known; that inleUigenee had
been received, and a belief entertained, of your
intention lo adopt some further measure, as a
meaHureof retaliaiiou e^inst France, by whieti
our commerce and our rigbts would be affected ;
that there was reason lo conclude thai you had
actually adopted such a measure; ibnt (as I col-
lected from American newspapers) this bad ap-
peared from private letters and the newspapers of
thi* country, received in the United Stales some
days before the Message of tiie President, and
probably known to the Ghivernment; that, ins
word, various information concurred to show that
our trade was likely (o be assailed by the com-
bined efforts of both of the belligerent parliea;
and that the embargo was a measure of wise and
peaceful precaution, adopted under this view ot
reasonably anticipated peril.

You observe, la another part of your letter,
that you have always rather wished lo refer the
argnmentalive discussionof the subject of the Or-
ders in Couneil to the official correspondence
which you have more than once been taught to
expect me to open upon it. If I should object to
any part of this statement, of which the sutetance
's undoubtedly correct, it would be the wordi
more than once." Your wish has also appeared
o be such as you now represent it, and you had
eason to expect that I would commence a writ-
en diicnssion of the orders of November soon
fter their pubiieation.. I had told you that 1

should do so, and you had said that
be no obieciion lo it But you were afterwards
informed that, upon reflection, I had determined
lo leave the subject where It was, until I should
know the pleasure of my QovernmenL
""be orders had been officially communicated,
to me, but to Mr. Madison, through the Brit-
ish Miuisier It Washington. It seemed, there-
fore, to be proper, (unless my instructions should
make it otherwise,} that the view which the Qov-
ernmeni of the United Slates look of them should
find its way to you through the same channel ;
and, accordingly, the lelteis of Mr. Madison, lo
which I have referred in my note of the 23d of
August, did open at great length a discussion,
which I could have np inducement to shun, al-
Ihougfa I did not continue to think myself author-
ized to commence it.

only remains to add, that your share in our

several couvetsations was, what you represent it

have been, not considerable ; and thai your

inner, although reserved, was, elb it always it,

perfectly friendly.

I need not say that if, in this [etier, written
onder the influence of sincere concern, (he pto-

.yGooglc

t^^

APPENDIX.

1644

Raati(m» with Cheat BrUain.

poul 1 had the honor lo Ity btforr you bi* been
nniucceMrut, RDything is lo be found whicb tod
could wish to be oiberwiw than it is, I nbill be
the flrit to regret that I hire Dot been able to do
joilice to mf own feeliugi and JDteaiioaa.
I bare ibe booor to bv, &,e.

WILLIAM PINKNEY.

Mr. Finkoej lo Mr. Maduoo.

LoNDOM, Nov. 26, IfiOS.

But : I bave tbe honor to send eooloted a copy
of ■ letter, rooeived last ni^i from Mr. Canning,
in aiiiwer to my letnr to bim of tbe lOih of laat
month.

The tone of thi* latter reoden it Impoaiible to
reply to it with a view to a diaeuMloD of what it
contain* ; although it li not without further iD-
advertenees aa to facts, and many of the obierva-
tioDi are open to eiception. I intend, howerer,
10 combine, with an eeknowledginent of the re-
ceipt of it, two ihort eiplanationi. The Bnt
will relate to the new and extraordinary eonjee-
ntre; which it intimaici, that my auitiariiy wa*
contingent ; and the necoad will remind Mr. Can-
ning ihal ray letter of the 10th of October doe*
not, B» be iroaginM, letTe unexplaiDed tbe remark
that " the proTDJooal natnre of my offer to make
mypropoMi in -writing arose out of circumttan-
eea;*' hut, on the oonlrary, that the exjdanaiion
immediately Ibllowi the remark.

The Union is not yet returned from France.
Lieutenant Qibbon arrired in London more than
three weeb ago, and delivered yoor letter of the
9lh of Eteptember, with duplioalea of papers in
the case of tbe Little Williams and copiea of let-
ters which lately pasMd between the DepaHmest
of State and Mr. Erakine.

I have the honor lo be, Itt.

WlLLIAM PINKNEY.

Hon. Jakes HAniaoK.

[RefaiT«d to in the prece^g de^tlcb.]
Mr. Cuming lo Mr. Pioknej.

FoaEioN OmoE, Nm. 2S, 1808.

Sir: I regret exceediagly thtt an unasoal and
nnintermiiiing pressure of official bniiinet* has
preTented me froffi finding an earlier oppOriuniiy
to reply to your letter of tlie lOth of last moaib.

The otnerraiiona which I bare lo offer upon
some pans of that letter are not, indeed of such
s naiare, as to make it matter of any great im-
portance whether you receive them m week sooner
or later ; as they refer less to any point of public
interest to our two GoTernmeois than to whit
has passed periooalty between onrselTsii.

But I should have beCn much mortified if yov
could hare been led to bettere me deficient in
aileDtioti to yoD ; the manner as well as the sub-
stance of the coramnnioation, which ] bare had
the botior to receive from you. entitling ir to the
inoit prompt and candid consideration. Your na-
dersiADding of the motives which induced me lo
accompany my official note of the 23d September
with my letter of the same dale, is so far imper-

fect, as that yon seem to imagine that tbe wish to-
guard agsinit misrepreseniation was the only
motivewhich indueeo me to write thai letter, and
that, from that motive alone, I should, innny ca*^
have troubled yon with it. Whereas, I most
have expressed myself very incorrectly indeed, if
I did not convey to you the assurance, that if
what had passed between us in conversation had
not been referred to by yon in your official letter
of the !i3d August, I certsinly should net bave
ihcngbi it necessary or proper lo preserve aay
written record of your verbal communications,
which Inndersiood at the lime toheconfidenltal,
and which I certainly was so far from attempting
or intending lo " discountenance," (hat I have no
donht btil [ expressed my»lf (as you say I did>
in favor of "ine course which yon adopted, ai
welt suited lo the occasion." Bnt yon state, at
the laroe time, most correctly, that it was as a
preparatory course, that I understood and eoconr-
aged this verbal and confidential communieattoo.
I never did nor could understand it at being in-
tended to supersede or supply ihe piece of an offi-
cial overture, I never did nor could suppose that
the overture of year Government, and ibe answer
of the British Oovernmeni to it, were intended to
be intrusted solely to our recoil eel ion*. Accord-
ingly, when the period arrived at which you ap-
peared (o be prepared to bring forward an offioial
proposal, I did, no doubt, expreti my expeeuUon
that I should' receive that proposal in writing.

It is hishly probable that I did not (as you say-
I did not) assign to you, as the motive of the
wish which I then expressed, my persuasion that
written communications are less liable to mistake
than verbal ones; because that consideration is-
snffieientljr obvious, and because the whole course
and practice of office is, in that respect, so estab-
lished and invariable, that I really could not have
supposed tbeassignmeniof any speciSc motive t»
be neeetsary, to account for my requiring a writ-
ten statement of your proposals previous to my
returning an official answer to tbem.

I had taken for granted all along that soeh
would, and sneh must be, the ultimate proceeding
on your part^ however you might wiah to prepars
the way for it by preliminary conversations.

In framing your noie, I did not pretend to an-
ticipate how much of what had been stated bv
^on in our several conferences you would thinK
It pt^oper to repeal in writing. But, whatever the
tenorof yournote had been, I should have felt il
right to conform strictly to it, in the official aa-
EWer, avoiding any reference to any part of your
verbal commuiiicaiiona, except such as, by repeat-
ing them in writing, I should see that il was ponr
intention to record a* official.

I confess, however, t was not prepared for tbe-
mixed course which you actually did adopt, lam
persuaded, (I am sincerely persuaded,) wiihoat
any intention of creating embarrassment — ifaatcT
referring generally to what had passed ih our con-
ferences, as illnstrative of your official proposi-
tion, ana as tending to support and recommend
it, but without specifying tlte particolar point* i»
which sncb refierence was intended to apply; &

.yGoogIc

BeUaiMt vUh Gnat BrUaim.

soQTH wbich «ppnT«d at fint sight lo tca*c roe
DO choice, «xc>pl betirren ibe twofttternktiveiof
either rccapiturKiing ths Whole of what yon bad
•taieii id coDTersatioD for the purpose oreompn-
beodtng it In tbe aoswer, or of eonGoioK myself
to ;our written nore, at the hazard of boing los-
pccted of suppressing ibe most roalerial part of
/our iMiemeni.

The expedient to which I had recourse, of ao-
eompanfiDg mjr official note with a ssparate let-
ter, iiatiDg, to the best of my reoolleclioB, the
subsia&ce of what I had heard from you ia con-
TeraaiioD, appeared to me, after rauob deKbeia-
ttoD, lo be ilie most respectful id yon.

Such haring Iwen tbe motiTee which dictated
my letter, 1 cannot regret that it was written,
since it has prodneed, at a period lO little distant
from the transaction itself, an opportanity of com-
paring the impressions left on our mintjs, mpsct-
irely, of what passed In our several conferences,
and of correcting any erroneous impretsion on
either side.

There are 'two points in which our recolliie-
tious do appear to' differ in some degree.

The first relates to the anEhorily which you
bad, and that which I uaderstood you to state
yourself to hare, a( the time of our first confer-
ence, for bringing fbrward a direct overtnre, in
the name of your QoTernmcnt ; tbe sejsondto the
expectation which | stated myself to hare enter-
tained " more than once," of your'dpeaing an offi-
cial correspondence oa the subject of the Orders
in Council.

With respect to tbe first point, you will give
me credit, wbea I assure youibat m* understand-
ing of what wan said by you, not oaly in tbe first,
but in our second coaference, was precisely what
I stated it to be Id my letter ; and you will, I hope,
forgive me, if, after tbe moat attentive perusal of
vour letter of the lOib October, and after a care-
ful comparison of difi'eranl passages in it, while I
am compelled, fay your BMuranee, to Acknowledge
thai I must have misapprah ended you, 1 find
grounds in your statement to excuse, if iwt to
account for, my misapprebensiou.

According lo your lecallectiou, yon told me
explicitly, in out first conference, " that the sub-
stance of what you then sUKgeitMl, that is to say.
that our orders being repealed, as lo the- United
States, the Uoited Stales would suspend the en
bargo as 10 'OrcBl Briuin," was from your Goi
ernmeni; "that the manner of condueiing and
illustrating the subject (upon which you had no
precise orderi) was your own," and yon even
quoted part of your inslrnslions lo me tviiich
10 that effect.

In a subsequent paragraph, you slate that
" QOthing can be more correct than my apprehf ~
sion that you did not make^ nor profess to iute
making, an overture in writing, before you had
endeavored to prepare for it snch a reception as
you fell it deserved, and before yon could aseer-
laio what tbape it would be most proper to give
to that overture, and how it would be met by the
British Govern m«it."
And to another part of yoift letter, yod admit

that " when you expressed your mdlneai lo nuka
your propnaai in writing, it was (as I have stated)
provisional ly;" and you inform me that "tba
provisional nature of yonr ofier arose out of cir-
cnmscanecs:" tbe nature of which circumstancBS
you donotexplain,iu)rbavela(iy righttoreqnifs
soeh an explanation.

But, comparing these several statements toge-
ther; seeing that, in our first interview, yon de-
clared no intention of making a proposal to writ-
ing ; that, ia our secaai interview, (a manth or
five weeks afterward). yon described that intention
as " provisional" and contingent ; aad protesting
at the same time (as I do in the most solemn man-
ner) that I cannot find anr trace in my memory
of an^ oommuaication whatever of any part of
your lostructioDs communicated to me as such j
seeiitg also, that, whatever might be the nature
aud extent of your instructions from the Freai-
deni of the Uoiied States as to the substance of
tbe overture to be made to the British Govent-
ment, tbe manner, tbe time, and tlie conditions of
that overture Were evidently considered by you aa
left to your own discretion ; it surely may be par-
donable in me to have mistaken (as Imost unquea-
tionably must have done,) the precise limits at
which the authority of yoflr Ooveromeal ended
and your own discretion began, and to have ima-
gined (wbich I very innocently did) that a jH'op-
osition, over which you appeared to have a power
BO nearly absolute, was a proposition in a great
meaaure of your own suggestion. I do not maam
that I supposed yon lo bring forward such m mw-
sure wiinoni reference to the knowledge which
yon must of qonrse have bad of the general fael-

ihat purpose at that lime.

la attributing to you this exercise of judgment,
in addition to many others, which it is oonfessea
you were at liberty to exercise, I really intended
to convey no imputation disrespectful to vou ; I
can conceive abandance of cases in wnich it
would have been uot only excusable bni highly
meritorious.

My miatake, at least, was a very harmless one,
as, whether the fact were that you had no preoisa
authority to giva in an ofllcial proposal, or that yon
had such an anihoriiy, but sabject to contingen-
cies which had oat occurred, the practical reanlt
must be of necessity the same.

What these contingencies ifaigfat be, it is not
foe me to inquire ; but if they were of the nature
of wbich I now cannot but canjecture. thejt may
bare been ; if the overture which you were ait-
thotized to make to the British Oovernment was
to be shaped and limed aceordiug to the resaft
of any other overture to any other Oovernment,
I am then at once able to aceouot for all those
appearances which misled ma into a belief of the
want of a precise authority on your part. Thia
consideration leads me to tbe other point, on which
alone there appears a difference between ns upon
any maim of fact, but a difference by no meana
so wide as it appears. Admitting the general
1 correclnew of my statemant of the aipactoiioa

.yGoogIc

1617

1648

lUlaluftu vilh Great Briiain.

which I wai taught lo eotertaiD of a
commuDicRtioD from ;ou, on the subject of the
Orden in Council, you add, that it wai, hov-
«rer, only in NoTcmber last, and imineii lately
«fter the publicatioDof the Ofdcrain CoddcjI^ that
you had directly aoDounced to roe your intention of
'«p«Diiig a correspondence upon ibem — an inl
ttOD, from which you arterward de«i»led, "ui
YOU should receive the plensure of yow Qore
fnent." The coriectnesi of thi» staiementl
not diipuie ; but yon, ] am sure, will agree with
■Be, lir, in recollecting how many limes, "more
tban once," lioce the period of that firii intention
of yours being announced and withdrawn, my es-
peclBtioDS tbal you were about to '' reeeire the
i^eainre of your Oovernmeni" tipon ibis lubjeci
!iaTe been ncited bv the noiifieaiion in America,
tud the destination nilfaer of shipH employed by
Ike United Stales, as it was generally supposed,
for the special purpose of coov^ioft representa-
lion* orproposali from the American Ooverament
to the Oovcroments of France and Oreat Britain,
apoo ihe subject of theii respective maritime de-
crees and orders.

Such was the uniTerMl belief boih in America
and in England, upon the arrival of tbe Osage,
vnon that of the Hope, of ihe 3t. Michael, and
ol another vessel named, 1 think, the Union. I
have oertninly no liebt lo affirm (bat you shared
in ibaespeeiation woich so universally prevailed;
I have no rigbi to say that the OoreTument of ihe
United Stateadesignedly created that eipeclatioQ}
. bat that it did prevail, and that 1 very (incerely
believed it to be well founded, you, 1 think, must
do me the jusiiee to recollect, sa, in one instance,
at least, ibat of tbe Oitge, so strong was my per-
aoaatan that you must have received instructions
ftom your Government, that I look the liberty of
•ending to you to inquire wbethei yon bad not
Bome commonicaiioo to make to me, and received
for answer tbal you had none.

it is to these nissions ibat I paFlicnlarly refer-
red, when 1 said that I had " more tban once ex-
pected you 10 open a correspondence with me
upon tbe subject of the Orders in Council." This
expectation it was tbal alone prevented me send-
ing ioiirnciions to Mr. Erskina to reply to thi.
Bote addressed to bim by Mr. MadisonoD ibeSStb
of March, in answer to that noteof Mr. Erikine't
in which be communicated the Orders in Coun-
cil, and in allusion lo these missions, particularly
In that of the Oiage; and to the expeeUtion,
which had been founded here uppn ine reiuru
bare of that vessel aAer its voyage to France, it
was, Ibat 1 made tbal declaraiion io Farliaoient,
which, 1 see, has been tbe subject of some misap-
prehension (1 will not say misrepresenthtion) in
America ; that, " since tbe termination of Mr.
Rose'a mission, the American Qovemment bad
BOt made any eommunieation here, in the shape
of remonstrance, or in a tone of irritatioD." 1
am not aware, air, that there is any other part of
yoar lailer which requires that I should Iroubia
you with many observations.

Your report of your answer to the inqniry,
which I took the liberty of making " wteihei the

Orders in Council of November were Imown to
the Oovernment of the Uniied Slates previausly
to the Message of the President proposing ih«
embargo, was to be a moving consideration to
that Message," does not appear lo differ in any
material degree from my slalement of ii. That
your answer to such an inquiry was official, or
sulborized by your Govern ment, I did not assert
nor presume. I bare already said ihatitwai doi
till you bad, in your official letter of the 23d of
August, referred to what passed in converaalioD,
that I Kbould have thought any such reference
Bllawable on my part ; and, even then, the ^oe-
ralily of your reference precluded me from judg-
ing correctly how much of what you had slated
in conversation was from official authority, bow
much from your own personal informaiion or

YoD inform me that your answer to ibis ques-
tion was of the latter description only ; bul.eTeo
if it were only from your individual authonly, i;
was very msierial and highly gratifying to learn
that tbe embargo, which nad been GOmeiimes rep-
resented, boih here and in America, as tbe direct
and immediate consequence of ihe Orders in
Council of November, and as produced solely by
tbein, was, in your opinion, "a measure of pre-
caution against leasouably anticipated peril."

The purpose of this letter i* not lo renew tbe
discussion upon tbe subject of vaur proposal, but
merely to clear up any misundersunding which
had existed between us in the course bf that dis-
cussion. I caonot conclude it, however, without
adverting very shortly to tbal part of your letter
in which you argue that ihe failure of Fraoc^in
the attempt lo realize her gigantic project of ibe
annihilation of the commerce of this country,
all pretext for the continuance of the
retaliatory system of Great Briiain. Tbisimpo-
tency of ihe enemy to carry his projects of vio-
lence and injustice into execution might, with
opriety, be pleaded with him as a motive
idrawiDK decrees at once so indefensible
little cSicaciouit for their purpoae, than
repieseoted as cresting an obligatiou upon Great
Briiain to desist from those measures of deftn-
iliaiiOn which those decrees bareuecei-
Hrily occasioned. If the foundation of the reial-
iatins system of Great Britain was (as we coniad
it to uave been) originally just, that system will
be justifiably continued in torce. nol bo long only
.as tbe decrees w hie b produced it are mischiev-
ously operative, but until they are unequivocallr
abandoned; and, if it be thus consisieut wittt
justice to persevere in that system, it ia surely no
mean motive of policy for such peneverance, that
a premature departure from it, while the enemy's

Kriginal. provocation remains unrepealed, might
!aa to false conclusions as lo the efficacy of the
decrees of France, and might hold out a daikgei^
oas temptation to Ihat Power lo resort to tbe
same system on anj future occasion ; a result
which, not Great Britain alone, but all commer-
cial nnlioBs are deeply interested in prevesiing.

.yGoogIc

Relatima mth Qnat Britain.

bu been coDdocIed on y oar part, Bad mj acknow
ledgmeoti for the jusifce wbteb you render ti
Vif dispOBitioD to treat you, at all timeB, wiih re-
eiprooal respect, aud lo lisiea to yon with tht
aiteniion to wbieh, personally, as well a« offi
•iaily, you have erery claioi.

I caoDoi forego ibe hope tbat it may yet fall to
our lot to be iustrUBieotal ia the reoewil of that
good underitauding between our two Qorern
meoia, which is at congeDiel to the feelings as i
b enseDiial tothe intereats of both coonlriei.
which nothing hut the forced and DDDalDrat state
of the world could htfe interrupted; and which
there ia, on the part of ibe Briiish Government,
the most aniious and unabated desire to restore.
I have ifae honor to be. &c.,

OEORQE CANNING.

Hi. I^kney to Mr. Madiaon.

LoHDOS, December 3, 1808.
Sir : I hare the honor to send, enclosed, a copy
of my reply to Mr. CaiiDiag's letter to me of the
22d ultimo. A copy of the letter, to which it i*
an answer, was Craiiamitied a few days since by
the British packet, and a duplicate has b^a sent
to LiTerpool.

The Union la not yet arrived from^rance, a
we have no intelligence of her.

1 have the honor to be, dec,

WILLIAM PINKNEY.
Hod. James M^msoH.

[Endoaed in Mr. Ptokaej'a dsapatdi of December 3.]
Mr. Pinknaj to Mr. Canning.

Great Cdubeblihd Place.
NoveTTtber 28, 1808.
Sir: I have had the honor to receive yoDr let'
ter of the 22d instant, and to tianimit a copy of
it to Diy Oovernmeni.

Without desiring to protract a discussion,
the conduct of which neitber your sincerity )
mine will, I feel assured, be doubted bv any o
I may be permitted to say, that the authority i ....
der which I acted in our late communications
was not contingent, as you now appear to con-

I'ecture, and that the remark coniained in my
elter of ihe lOih of October, " thai tbe proTisional
nature of my offer to make my proposal id writ-
ing arose out of circam&tqnces," will be found
explained, in the same letter, by passages which
immedialeif follow the remark.

I have said, in m^ tetter of the 10th of October,
that *' I had no precise instructions as to the man-
ner of conducting and iliusiratiog the subject
confided to my management;" but yon will suffer
me to enter my friendly protest against all sup-
positions that the overture was left to my own
discretion ; that 1 had a power " nearly absolala"
over it, or that it waa, "in a great measure, of
my own suf^estion."

1 will trouble you no further, sir, on this occa*
lion, than to aasure yon that nothing could give
me more sincere pleasure than to see fuifillea tbe
hope which yon express, that it may yel fall to

our lot m be instrumental in the renewal of good
understanding betweeti our two GoverDmenis.
I hare the honor to be, StA..

WILLIAM PINKNEY.
Right Hon. OsoROB Cahniko.

Mr. Canning to Mr. Pinkney.

FOREioN OrncE; Dec. 24, 1806.

Sir: In my official note of tbe 23d September,
I stated to you the probability that some altera-
tions mi^bt be made in the Orders in Council,
wilh a view to adapt tbeir operation more ex-
actly to the altered slate of Europe, and to com-
bine ail practicable relief to neutrals wilh a more
severe t^ssure upon the enemy.

As this statement was, bovrever, only inci-
dental, and as I at the same time disclaimed ai)y
intention of taking advantage of such proposed
alterations in the discussions then pending be-
tween us, seeing thf t, if made, they would not be
founded on the admission ofanyofthe principles
for which you were contending, it was, perhaps,
not necessary that I should trouble you with any
further communication upon this. subject. But
the Older, of which 1 have the honor to enclose a
cDpy, havinff been passed by His Majesty in
Conncli on Wednesday last, l am desiroos, pre-
vious to its. actual publication, of explaining to
you rbe grounds on which the more extended
alterations which were in contemplation have
been suspended.

It was intended to relax, in a certain degree,
the regulations of the Orders in Council, wilu re-
spect to such of tbe Powers in hostility with His
Majesty as were not, or should not place them-
selves, in a state of hostility with Spain ; but at
the same lime that this relaxation was extended

rse whatever with Fra
The adoption by these Powers, who were to
have been the objects of such relaxations, of the
views and projects of France wilh respect 10
Spain, doe^ away all assignable ground of dis-
ttnotion between France and these Powers ; and
that part, therefore, of the intended alieralioDS
does not take place.

Tbe alterations contained in the enclosed Or-
ders in Council stand upon a separate ground,
and, as I have more Thnn unce understood from
you thai the part of the Orders in Council wbich
this order goes to mitigate is that which was felt
most sorely by the United Slates, I have great
pleasure in being authorized to communicate it
to yoQ.

I have the honor to be, &c.,

GEORGE CANNING.
Wit-UAit PntKSEY, Esq.
[Order in Council, enclosed in Mr. CanDiDg's letter
of December 34.]
His Majesty, in virtue of the powers reserved
> him, by iwo certain acts paaaed in the forly-
ighlh year of His Majesty's reign, the one en-
lied "Ad act for granliag to His Majesty, until

.yGoogIc

1661

APPENDIX.

1652

Bdatimt'WUh Cheat BHImM.

the aod of tha nest Hnioa of Partia merit, duties
of custoffit OD tbe ffwxJiH wareX) and increbaodlH*
ihereio enumerated, in furtherance of the prori-
(ions of certain Ordeia io Council;" the other
entitled "An act for Kraniin^ ta Hia Bptajeilr,
nntil the end of the next MMion of ParliameDl,
cetcain duties, on ibe exportation from Ireland,
of gooda, wares, and merenandise therein enume-
rated," is pleased, bf and with tha advice of hii
Priry Council, to order, and it ia bsrebf ordered,
tbat ibe operation of (be aforesaid acts be sui-

f ended, a4 to any dutiei on exportation, granted
Y the said acts, so far as relates to articles being
the growth, Droduce, or matiufacture of aay
country, for iDe lime being, in amity with Hia
Majesty, and from tbe porta of which the Briiisb
flag is not excluded, imported direct frota tuch
country into any port or place of the United
Kingdotn, either Id British ships or in ships of
the coantiy of which lucb articUi are iba growth,
produce, or msnufaciure.

And His Majesty is further pleased, with the
advice aforesaid, to order, and it is nateby or-
dered, that the said duties on eiportation be sue-
pended.a* to all gooi^ wares, or merebanditc,
which have been or may be eoodemned u piize,
DDtil futtbei order shall be made tbetela. .

Mr. Pinkney to Mr. Oanntng.

Obbit CnMBESLAND Place,
Dectmber 28, 1808.

Sir: I have bad the booar to receive your let-
ter of tbe 24th instant, coaimuni eating an order
passed by His Majeaty in Council on Wednesday
bat, and have transmitted copies of theie papers
to my QovernmcnI.

It is perfectly true, as the coocluding paragraph
of your letter supposes me to believe, that tlie
United Stales have riewed with great iensibilily
the pretension of this QoTeraiiieot (which, as a
pretension, the present order plainly reaKerts.
witboui much, it at all, modifying its practical
effect) to levy impoita upon their commerce out-
ward and inwata, whica the Order* in Council
of the last year were to coiutraln to pata through
British ports.

But it is equally true, that my Qovernmenl ha*
constantly protestei} against the entire syatem
with which that pretemion was coonected, and
has, in consequence, required the repeal, not the
modification, of the British Orders in Coancil.
I have the honor to be, &«.

WILLIAM PINKNEY.

Extract— Mr. Pinkoey to the Saoretaiy of 8Ut*.
LoHooN, March 10, 1809.
I Jiave received from Mr. Canning a notifica-
tion of blockade, of which a copy in enclosed.

rRefsTTBd to in Mr. PinkMy'i de^atch of March 10,

laOB.]

FoKEioii Office, ManA 8, 1809.

Tbe undersigned, His Majesty^ priaeipel See-

reiaty of State foi Foreigo Affairs, he* leceired

Hie Majestjr'a aommauds to acquaint Mr. Piak-
ney that Hi* Majesty has judged it expcdieBtto
eatabltah the most rigorous blockade of the isle*
of ManriiiiM and Bourbon ; Mr. Pinknef is, tber»-
fore, requested to spprize the American Consob
and merchants resiiling in England, thai the islea
above mentioned are, and mast be coDsidered as
bein^ in a slate of blockade, and that, from tfai«
time, alt the mcaaurei aniborixed by the law of
nations, and the ronecuve treaties between Hia
Majesty and the different Deaiisl Powers, will be
adopted and executed with reapeci to all *e*<
set* attempting to violate tfaa said blockade after

Tbe uaderajgoed reqoests Mr. Pinkaer to ■»■
cepi the aasuranee* of his high consider»iioD.
OBORGB CANNING.

Exttnet— Mi. n«kney to Mi. Kiuth.

LonaoN, Afoy 1, 1809.

I had the houor to receive, on the 2Stfc of March,
the letter of your predecessor of the lOtb of Feb-
lanry ; and, on the IJhb of last OMnih, Lieoiea-
ant Reed delivered to me y«ar letter of the IGth
of March.

Upon the receipt of yonr letter of tke 15lb of
March, it bacama ay obvio«* dutv to aak a con-
ference with Mr. Caaoing. It took place aeoord>-
~gly on Monday, the 17ih of April.

At tbe close of the eonfereoce, he told me that
my communications were soeh as wovM let^mire
iflectioQ, and would nataially make hintanxioos
I see me again i and that he would fix as tmiiy
a day as possible, and give me notice.

Our next interview took place on the S7ih of
April.

Mr. Canning read the new Order io Coancil,
and then proceeded very briefly to soggeit the
practical anerationi which it would inlrt^uce.

I thought 1 should best discharge my dtity b^
forbearing nseless discussion, and dt receiving it
as it was offered, but without making myself a
party to it, an actual improvement, capable of
future extension, under the auapices of just and
friendly sentiments Md enlightened policy.

Mr. Calming la Mi. Finknaj.

FoREioN Office, dpril 30, 1609.
Sir : When I had tbe hoDCr to transmit to yoa,
on the ^tb of December laat, the Orders in Coun-
cil passed on the 21st of that month, I referred to
that passage of my official note of the 33d of
September, 1606, in which 1 staled to you tbat
"itia BO t improbable, indeed, that sanie altera
liona ouy be niade in the Order* in Council, aa
they are at preaent framed — alterMioos calculated
not to abate their spirit or.impair their principle,
but to adapt them more exactly to the different
state of thinga which has fbrtanatdy grown up
in Europe, and to combine all practicable reti^
to Dautral* with a mora severe prennre upon the
enemy ;" and, 1 at the same lime exfdaioed to
you the grounda on which iha deaiga of ihe targer
alterations which had been jjg coniciDplatiaB u

.yGoogIc

1654

Rdatiaiu with Profiee,

Sq)teinber ms for the time laid Bwde. Bf the
Order of CoddciI which 1 ha?e now tbe boaur '
enclose to jpou, that design, ai explaiaed ia ir ^
official Dole of September S3, is fully carried into
eseeotioD. I have ihe honor to be, dec.

QBOROE CANNING.

At the Canrt at tbe Qqmh'* Palace, the 36ih orApril>

1809 ; Prannt, the Eing'a Matt Eicdlent Majeit;

ia CoanciL

Whereaf, Hii Majesty, by hh Order Iq Council
of the Ulh of November, 1807, was pleased, for
tbe reatoQB aMigned therein, to Order ibat, " all
the ports and plaees of France and her allies, or of
any other country at war with His Majesty, and
, all other ports or placet ia Europe from wnich,
although not at war with His Majesty, the Brit-
ish flag is eioluded, and all ports or plaaes, in the
colonies belonging to His Majesty's enemies,
should, from henceforlb, be subject ts the saoie
reslrictions in point of trade and navigation as if
the same were aeitiaily Uockaded in the most
strict and Ti^orom manner i" aod,also. loprohibii
" all trade id articles which are the produce or
manufacttires of tbe said countries or colonies j"
and whereas, His Majesty, baring been nevettbe-
less deairous not to subject those countries which
were in alliance or in anaity with His Majesty to
any greater tneovTeaienoe than was absolutely
isseparable trout carrying into efiect His M&-
jeaty** ivsc detarmtaalien to eonnteract the de-
aigna of his enemies, did make certain 'eiceplions
and modifioailons expresseil in the said order of
the llih of November, and in certain subsequent
orders irf the' !15ih of November, declaratory of
the aforesaid order of the llib of November, and
of tbe ]8tb of December, 1607, and the 30tb of
March, ISOB:

And whereas, ia eoBseqneace of divers eraoti
which have taken place since Ihe date of the first-
inenlioDed order, affecting the rein lions between
Qreat Brliaia and the territories of other Powers
it is expedient that sundry parts and provisions of
tbe said orders should be aliered or revoked:

His Maje«ty is, therefore, pleased, by and with
the advice of his Privy Ooiracil, to revoke and
aoDHl tbe said several orders, except as herein-
after expreraed ; and so much of the said several
orders, except a* aforesaid, is hereby revoked ac-
cordingly. And His Majesty is pleased, by and
with the advice of bis Privy Council, to order, and
it is hereby ordered, that all ports and places as
far north as the river Ems, inclusively, under tbe
Oovernment styling itself ibe Kingdom of Hol-
land, and all porie and places uoder the Oovern-
ment of France, together with the colonies, plan-
tatioBd, and settiemeots in the possession of those
Oovernments, respectively, and all ports and
ptacea in the northern parts of Italyj to be reckoned
from the porta of Orbitelloaad Pesaro, incluaively,
■hall Dootiaue, and be subject to tbe same restrie-
liooB, in point of trade and navigation, without
any exception, as if the same were actually blocka-
ded by Hia Majesty's naval forces in the most
strict and rigorous tmnner; anf) that every vessel

tradingfrom and to the said countries oreoionies,
plants I ions, or let dements, together with all goods
and merelMadise on board, shsU be coademned aa
prise to tbe captors.

And Hia Majesty is further pleased to order,
and it is hereby ordered, that this order sbatl
have eflbct from the day of the date thereof with
respect to any ship, together with its cargo, which
may be captured subsequent to.socb day, on any
voyage which is and shall be rendervd legal by
this order, alihoQgh such voyage, at the time of
the commencement of the same, was unlawful,
and prohibited under the said former ordersj and
such ships, upon bein? brought in, shall be re-
leased aecordiogly ; and with respect to all ships,
logether with their cargoes, which may be cap-
tured in any voysre which was permitted under
tbe exceptions of ine orders above meoiioned, but
which is not permitted accordion to the provis-
ioas of Ibis order ; and it is hereby ordered, that
such ships and their cargoes shall not be liable to
Gondetirnation, nnless they shall have received
actual notice of the present order before such
capture, or, in default of sQob notice, until aAet
the expiration of the like intervals, from the data
of -this -order, as were alh)wed for oonsiruclive
notice in the orders of 2Sih November, 1807, and
the 18ih of Hay, 1806, and the several places and
latitudes therein speeifiad.

And the ri^ht nonorabLe the Lords Commis-
sioners of His Majesty's Treasury, His Majeaty'a
principal Secretaries of Stale, the Lords Com-
missioners of the Admiralty, and the Judge of the
High Court of Admiralty, aad Judges of the
Court»of Vioe-admiralty, are to give the necen-
sary directions herein as to them may r^peeiirely
appertain. STEPHEN COTTRELL.

FBANCE.

[Commoniested to Consress, NovembM 8, ISOS.j

The documents communicated with my publie
Message of ibis i}ay contain such portions of the
correspondence therein referred to of the Minis-
ters or the United Slates at Paris and London, aa
relate to the present state of affairs between thosa
Qovernmenti and ihe United States, and as majr
be made public. I now communicate, confiden-
tially, such supplementary j)ortions of the same
correspondences aa I deem improper for publica*
lion, yet necessary to convey to Congress full in-
formaiion on a subjeol of their deliberations so
interesting to out country.

TH. JEFFERSON.

NovBKBca 8, 1808.

Eilraet— Ur. Madison, Secrettrj of Stale, to General
ArmitronE, Ministec Plenipotendary of the United
States at Faria. .

Depaktubrt of State, May 32, 1807.
Sib ; The two last letters received from yon

were of December S4, and January 16.

.yGoogIc

APPENDIX.

Sdatiolu itilh FYanee.

The itcftt of NoTember 21, eommunicaled
the flrii, had prenouily reftched oa, and had e
cited appreheaiioDR which were rrpmted only
hj ihe iaaniculale import of iu BrticleR, nnd the
preiumption that it wuuld be executed in a HSse
not iaconsintent with the respect due the treaty
between France aod the United Statet. The ex-

and it only femaini to learn thai they have been
confirmed by the express authority of the Bi
peror. We are Ihe more anxious for thii infi
mtiion, as it wril fortify the remoastrances nhieh
have been presented at London aeaiDsl the Brit-
ish order or January 7th. Should ii, contrary to
expectation, turn out that the French decree was
meant, and in to operate accoiding to the latitudi
of it! terms, yon will, of course, hate made the
proper representation*, grounded as well on the

C'ineiples of public law, as on the express iiipu-
lions 01' the conrentioa of ISOQ. Nothing, bf
aides, could be more preposterous than to blend
with an appeal lo Deuirai tights and nevlral na-
lions, a gross infraction of the former, and out-
rage on Ihe sentiments of the latter, unless jt be

10 invite a species of contest on the high
which the advenary has ever* possible
tage. Bat, on the more probable suppositioa that

the decree will not be uolaTorably expounded, it
will be still necessary to press on the French Oor-
ernment a dispatch of such orders to their eruif
ers in erery quarter, as will prevent a construc-
tion of the decree favorable to their licentious
cupidity. The moment vour letter wai receired,
Ihe answer of the Frencb Minister of Marine to
your note was communieated to Qeneral Turrenn,
with a call on him to traDsmil it immediately to
the French Governors in the West Indies. Thia
ha readily engaged to do. But, notwithstanding
this precauiion, there arc proofs that the West
India privateers have, under color of the edict,
committed depredations which will constitute
just claims of redress from their Oovernment.

Mr, Ervins has forwarded a Spanish' decree
also, avoweoly pursuing the example and the
views of the French Emperor. The terms of
(his decree are even more vague, or rather mor«
broad, than ihoie of the prototype; and if not
speedily recalled or corrected, will doubilem ex-
tend the scene of spoliations already begun in
that quarter; and, of course, ihictcen the cloud
that hangs over the amiiy of the two nations.

Extract — Mr. Armstiong to Mr. Monroe.

Pabib, July 7, 1807.
Sik: The account* you have bad of recent
capture* made by French privateers of Ameri-
can vessels, under cover of the decree of Novem-
ber last, are not correct; at Icast^ if such captures
have been made, I know nothing of them; the
only captures I have at any lime heard of were
those made from Porto Ferrajo. They ere by no
means of recent date, and have all (I believe,)
been redressed by the Coancit of Prixes. Two of
theae caiae, to which I attentled personally, re-

ceived deciaioof equally favorable and nrpmpi;
interest and dsrtiue* were given to the plainiifi,
and [ know not why deelsions equally favorable
should not have been given in the other cases. I
have within a week been informed by Mr. Erv*
ioff that he had reason to believe that a French
privateer, then in ■ port of Spain, had plondered
American ships, either going to or coming from
England, of dry goods to the amount of three
hundred dollars. Before anything could be done
in Spain for the recovery of these goods, the ship
went to sea, and professedly for lae purpose of
reiurning to the port of her armament. BeNeviog
ber to have arrived there, I put all the evidence
I potsessed before M. Decrfis, who closes his an-
swer with the following ■saurance. '-Your Ex-
cellency may be assured that, as far as it depends
on me, the captains of these vessels, or their own-
ers, shall dbtain, if there is ground for it, a prompt
and full reparation." I quote tht? to show you
that there is no disposition in the Miniater of this
Oovernment lo sanction or protect aneh enter-
prises upon our commerce. From tbc nse* you
may be able to make of the facts, and their rdatioit
tu ynur questioa geotraltf, I subjoin a brief ez-

Rasition of the constroetian now given to tbe
fovembcr decree. It wai", ^ou know, admilted
by both ministerial and judicial autbofiiies, that
this decree did not infract the provisions of ike
treaty of 1800, between the United Slates and
France. Still it was contended that vessels of
the United States, eoming from any pott of Great
Britain, since the date nf th~e cdiei, could not be
admitted to entry in the pons of France. This
rule, without some qoaliticatlous, was likely to
become mischievous, and I accordingly obtained
the following modifications of it, and hope lo ob-
lain a further modification, which will render it
perfectly harmless. These changes took plaeeas
circnroaiances rose to produce them; for though
the necessitjr for them was both foraeen and
represented, it was only upon real, not upon hypo-
thetical cases, that the ministers of His Uajcalf
were witling to act.

1. Vessels leaving ports of the United State*
before a knowledge of the arrlt had been promul-
gated there, are uot sobjeot to the rule.

2. Vessels not coming directly from a British
a French port ate not subject to the rote.

3. The cargoes of vessels comicjr directly from
a British to a Trench port, and offered for entry,
on proof that the touching of the ship Id Bog*
land, dfcc, was iuToluDtaryj are put iit depAior
sequestration, until His Majesty shall have deci-
ded on the suflSciency of the proof offered, or
tbejr are at once fiven up to the eo»ig»ees on
their giving security to abide the decision which

be ultimately taken by the firoperor in their
respective cases. The vessels can go ont freely,
ana without impediment of any kind. The for-
mer rule, of which this is an amriioration, was^
that shiln as well as cargoes, coming under this
description, should he sequestered, &c. The far-
ther alteration which I have asked ia, the estab-
lishment of some principle which shall regulate
the kind and degree of proof lequired with respect

.yGoogIc

APPENDIS.

BeliHioiu vUh France.

1668

to the alleged ipplication of a/orce m^evre, Ae.,
1117 own opiaioo is, ihat this ma; best be fouad
in the greater or less correspoDdeoce which shall
exist betweea the cargo when shipped in Amer-
ica, and when arrired here. If the cortespood-
cnce be complete, the eridenee ought to be con-
sidered as complete also, that tbej were Dot in
Great Britain for ihe purposes of commerce; and,
not being [here for these purposes, the inference
is fair, that their going there at all was inrolDD-
tarjr. ThJi is a rule the Ministers will consent
to; whether His MajeiCT will do so also will be
kaowa in a few days. He is expected here abooi
the begianlDg of August.

Mi. Arouirong to Mr. Hadiaon.

Pabib, Autvtl 3, 1607.

Sib: We bad yesterday our firstandience of
the Emperor sioee bis return to Paris. Happ«D-
iDg to staod near the Minialer of Denmark, I
overheard His Majesty say to thai Minister, " Su,
M. Baron, the Baltic baa been Tiolated." The
Miniitpr's answer was not audible t[Trae,Dar did
il appear to have bean aatisEactory to the Em-
peror, who repealed, in a tone of voice aomewhal
raised and peremptory, "But, sir, the Baltic hat
been violated." From Mr. Deyer be paswd to
myself and olhersj and la;tt]r to the Ambasaador
of Portugal, t0 whom, it is said, be read a very
severe lecture on tbe conduct of his CoorL These
circumstances go Tar to justify the whispers that
begin 10 circulate, that an armv is organizing to
the south for the purpote of taiing possession of
Porto^l, and another to the north for a similar
purpose with regard to Denmark ; and, generally,
that having settled the business of belligerent^
with the exception of England, very much to his
own likinff, he ianow on tne point orMtiling that
of neutrals in the same vay. It was, perhaps,
under the influence of this suggestion, thai Mr.
Deyer, taking me aside, inquired whether any
application had been made to me with regard to
the projected union of all the commercial States
against Great Britain, and on my answering iit
the negative, be replied, "You are much farored,
hot it will not last." I give you this detail, not
from any importance it has in itself, hut from the
clrcnmsianee of its containing ail that 1 hare
yet bear^in relation to a project highly interest-
log lo (he United States, and of which yoti ought
to be immediately apprized.

Angust 9. Not a syllable has yet been men-
tionea with regard to the projected anion, dbe.
As far as I can learn, they are satisfied thai tbe
eoorae we are pursuing is honest to ourselves,
and not dishonest to either of the belligerents.

AiigOKt 15. We bad this morninz an audience
oF ibe Emperor. The seizure of Copenhaf^ea
by tbe British gave rooni for a new conversation
with tbe Minister of Denmark, in the coDTse of
which he stated the British force to have been
but lea or twelve tbontand men ; demanded what
bad become of the Prince Regent, and asked
why the Government hail not defended th«cit«?
As in the foinier atidiehce from Baron Deyer he

name directly to me, and, after aome questions
merely percooal, he adverted to tbe outrage eom-
miited liy the Leopard on the Chesapeake.
" This," said he, " is abominable ; they have pre-
tended faiibeno to visit merchantmen, and that
they had a right to do so; but they, even they,
have set up no such pretensions with respect K>
armed ships. They would now arrange it by
giving up a right or usage which never existed ;
bgi they will arrange it ; they are afraid to go to
war with your eoantry."

I have the honor to be, sir, yoar most obedient
servant,

JOHN ARMSTRONG.

Mr. Madibon.

Mi. Armstrong; to Mr. Cbanpagny.

PAMn,Ai4gutt9,lS07.
Sib: Your Bicelleney is not una|)prized thai
soon after the promulgation of the imperial de-
cree of the 2d of November last, one of similar
chiraclerand injunctions was issued by the Prince
of Peace, in behalf of His Catholic Majesty.
Under this order, sundry vessels belong-ing to the
citizens of the United States have been captured
on the high aeas. brouffhi into the ports of Spain,
and are now before the Conrt of Admiralty for
examination. To ihia brief statement I subjoin
an extract from a letter of the 27ib ultimo, from
the Chugt, dea Affaires of the United States at
M&drid, which will show your Excellency that
the fate of these vessels will depend, not on the
construction which might he given to the Span-
ish decree by the Spanish tribunals, but on the
practice which shall have been established by
France, under her decree of November last ; and
that Prince Massirano has accordingly been di-
rected lo ask from your Excellency such exposi-
tion of that decree, and of tbe practice under it,
as shall regulate on this head, the conduct of
Spanish courts and cruisers towards neutral com-
merce in general. Assured^ as I feel myself, that
this exposition, wheoever giren, will not be leaa
friendl)| and liberal than that already fonnd id
the decisions of His Imperial Majesty's Council
of Prizes, and correspondence of his Minister of
Marine, via : that the provisions of the decree in
question do not infract any of tbe rights of ei>m-
merce stipulated by treaty between France and
the United Stales; it is incumbent on me to pray

Kur Bicelleoey, that it (the exposition reqaired)
giren as expeditiously as possible, lo the end
Ihat the legitimate commerce of the United
States be relieved from all further annoyance
growing ont of the doubtful meaning and opera-
tion of the Spanish decree aforesaid.

Your Excellency wilt permit me to avail my-
self of this occasion to recall to your atiention
tbe subject of my letter of the 36t& of June last.
I learn from Antwerp that the cargoes men lion cd
in that tetter areyei under segaesiratioo, and tbai
eDnsiderable toss, as well by diminution of price
in the artielea, as by aeeitmulatioa of interest and
charges, has been already ineuried.

.yGoogIc

A3S>BNDIX.

Btiatiom with France.

Your EicMlHier will do us the honor to a<
«ept (be •Huianoci or my profoaoJ respeot,

JOHN ARMSTRONQ.
Hi* BzctUnicjr tbe Pbihoe or Bkmetentd.

Mr. Chanptgn; to Mr. AniutTims,

AuauBT 21, 1807.

Sir: I have rcceiTed ihe leitct vbich you did
me ibe hoDOT of iddieMiiiK me on ibe 9ib of cbJi
monib, relative la Americfttt veMela ckrried into
poru of SpaiD, ID concequeoce of tbe roeaiures
taken by ihat Power asftiost the Eogliah com-
merce, in imitation of France.

Ai ibeeiMuiioQ of tbe roBritimeraetuurei in-
dicHied by the imperial decree of the Slst of
NoTember, 1806, reaii naturally witb bis Bzcel-
lency, tbe Miniiler of Marine, and that, more'
over, he hai alreedy had the honor of addressint^
yoa aome firsi obMrvationi on the application a
that decree. I [ransmitled without delay your lei
ter, and asked from him the new eiplaoaiiona
which you might desire. When ihey ahall bare
been forwarded to me, I will bare tbe honor of
informing vou of them.

Actepc the assurance of my high considera-
tion,

CHAMPAGNV.

His Excalleiiey Qeo. AitiisTBOMa.

the Fteneh Miniatai of Bztnior

Ur ArmstKBg %

Pabib, September 24, 1807.

Sir: Ihare this moment learned ibai a new
and extended construction, highly iojuriou!' to
tbe commerce of the TJoited Slates, was about
to be given lo the imperial decree of the 21st of
Norember last. It is therefore incumbent upon
ma to Bsk from your Eicellency an explauaiion
of His Majesty's views in relation lo this sub
ject, and, particularly, whether it be Hii Majes
Ty's iuieniioD, id any degree, to infract the obli'
Mtions of the treaty now subsisting between the
Uoiled Stitesand toe Frencb Empire?

I pray your Excellency, Ac.,

JOHN ARMBTRONQ.

M.Bagniar to lbs Frocureor Oaoeral pf th* Council
of Prizes

PABia, aepiember 18, 1B07.
I hare luboaitted, air, to Hit Majesty ibe Em-
peror and Kiog, the douhts of his Ezcellcticy the
Uinister of Marine and Colonies on tho extent
of some of tbe proTiaiont of the imperial decree
of November 21, 1806, which baa declared the
British islands in a state of blockade. The fol-
lowiog are tbe intentioiw of His Majesty on the
points in question :

1. Can armed vessels, under ibeimperialdeeiee
of the 21^1 of November last, seize, in neutral ves-
sels, either English properly or raerehandiss pro-
eeeding from tbe manufaeiurea of the English
territories 1

His Majesty notifies me, that since he bad not
thought proper lo eipreaa any exoeptioo in hia de-

cree, there is no ground to make any in tbe exe-
cution, wiib respect to anything wbaisoevet.

2. Hia Majesty bas not decided the queiiion,
whether French aim^d vessels may possess ihem-
selvaa of neutral vessels going to or from Eng>
land, although they have oo Euglisb merchan-
dixe on board.

3. Oo the question whether French armed
vessels are subject to the deduction ordered by tbe
sixth article of the decree of November 21, His
Majesty has declared tbat the provision of that
article was not susceptible of any restriction ; that
is to say, ibat tbe deduction must lake effect on the
procaaos of all confiscations of mercbandise and
property which have been or may be pronooneed
ID execution of the decree, wiihont regard to tbe
place of saisure er cbaraclat of the oaplors.

Vou will be 10 good, sir, as to notifv these de-
cisions lo tbe Council of Prises, to nave them
entered in the registers, and lo acknowledge the
receipt of my letter. Accept, dte.

The Orand Judge, Miaisier of Josiice,

REQNIER.

Mr. Ohuapafny to Mr. AMsmony.

F0HTAIIIEB1.EAIJ, October 7, IS07.
Sib: You did me the honor on tbe Hib of
Septembar, to request me to send you some ez-

Ela nations as to the execution of the decree of
locJEBdeof the Biitish islands as to vessels of the
United States.

The provisions of all ibe legulaiions and trea-
ties relative lo a stale of blockade have appeared
applicable to the existing circumsunce; and it
results, from the explanations which have been
addressed to me b;^ the Imperial Procuieur Glen-
oral of the Council of Prizes, that Hii Majesty
has considered every neutral vessel going Tfom.
English ports, with cargoes of English merchan-
dise, or of English origin, as lawfully seizable by
French armed vessels.

The decree of blockade has been now issued
eleven moDlhs ; the priiicipal Powers of Europe,
far from protesting against its provisions, bavc
adopted them. Tb«y bare perceived that its ex-
ecution must be complete 10 render it more eflect-
ual, and it has seemed easy to reconcile these
measures with tbe observance of treaties, especi-
ally at a time when the iofraciiona by England of
tbe rights of all maritime Powers render their
inlerest common, and tend to unite iheo) in sop-
pott of the same cause. Accept, dtc

CHAMPAGIVr.

Mr. Aimiranf to

' Paris, Nmembtr 12, 1807.
Sib: It waa not till yeaterday that I received
from Mr. Stipwiib a copy of Ihe decree of tit
Council of Prizes in the ease of the Horizon. This
is tb« fiist unfriendly decision of that body, uader
tbe etr£l of tbe Slsc of November, 1806. In this
case, and on the petition of tbe defendant, the
Court Itaa recommended ibe rBsiiiuiion 1^ th«
whole cargo. I did oot however think proper to

.yGoogIc

1661

JRalatimt m'tt gYtum.

join in Biktefr, as k fkroT, wbit I btliercd myself
oitilled to M > right. I lubjuki a copy of my
note to the Miniater of Forciga Affairs, and am,
sit, yoor most obedient sod very bomble semnr,
JOHN ARUSTRONO.

[Endoaed in Mr. Arantrong'i latter of NoTembtr 1S>]
Hi. AmutroBg to Hr. Cbuiqn^gnj.

Pabi^ Noventber 12, 1807.

Sib : Tbe docament to which ibtM obwrTs-'
tioDs are prefiicd viil infNia yonr EzcelleDcy
that an American ahip, tradiDg under tbe prolee-
tiaa of the Ivwt of nations, and of pnrtiealiir trea-
ties, and suffering ibipwreok on the coaM of
France, has reeenQy been seized by Hi* Majesty's
officers, and adjudged by his Council of Prian ai
follows, Tiz: "Out Council pals at liberty the
American vessel, tbe Horizon, sbiplrrecked tbe
30th of May last, near MorUiz ; and, coniequeac-
ly, oideis ibat the amount arising liom the sale
legally made of tbe wreck of tbe said ressel, co'
gether with the mercbandiEe of tbe cargo, which,
according lo au estimate made jn presence of the
OTerseeri of the administrations of the marine
and coslom-faouie shall have been acknowledged
not to proceed from English maoufac lures, nor
from English territory, sball be restored to Cap-
tain McClore, without deducting any other ex-
penses than those relative to the sale i and with
regard to the other merchandise of the cargo.
wEich, from tbe result of the said eslimale, shall
be Rcknowtedged to come from manufacturej, or
Knglish territory, by virtue of the fifib article of
the decree of the 2Isl of November, 1806, ibey
shall be confiscated for tlie use of the. State j (he
whole to be sold bv the forms prescribed in the
i^ulations; and the appticalion of the product
lolie made in coofoimiiy to the arrangements
of the said decree, deducuoo being made for ibe
ezpeDse of saving the goods, and that of the sup-
port of the crew, until the day that the Capiain
shall receive the notificaiioo of tbe present de-
cision."

The reasons upon which this decision are found-
ed are at once so new and so alarming to the pres-
ent friendly relations of the two-Powers, that I
cannot hut discuss them with a freedom in some
degree proportioned lo my sense of their novelty
and iraporianee.

" CoDsidering," says the CotiQcil, " first, that
the Deotrality of ihe ship and cargo was suffici-
ently psiahliahed, the whole ought to be restored
(agreeably lo ihe provisions of the coaveoiion at
the 30th of September, 1800,) provided no mer-
chandise of English origin had been found in her,
and. of course, that she had not been brought
witnin the limits of the imperial decree of the
21»t of November, 1806." j

Here is an open' and unqualified admission that
the ship was found within the rules prescribed by
the Convention of 1800; that, according to these
roles, her cargo and herself ought to have been
restored ; and thai such would bare been the fact,
bat for tbe operation of th« deeree of the 21st of
November, 1806.

In the Icner your Bzeetleucy did me the honor
write to ma on tb« 7th of October last, you
thoogbt it " eaiy to reconcile ibe obligations of
this decree with the preservation of those arising
from treaties." Il was not for me lo ezamiae ihe
means by which this reconciliation was to be
effected ; they no donbt fully existed, and yei ex-
ist, in His Majesty's good pleasore; and taking
for granted ibis fact, I saw in the opinion nothing
bui proofs of friendly dispositions and pledges
that iheM were not lo be eiiber wantoOlvde-
troyed or diminished. How inauspieious, now-
!Tfrr, to its BQihorily, and the ednsolatioits derived
'ram it, is this recent aei of the Council of Prize* !
-ID act which eipliciily acknotrledges the opposite
characiers and oonflieting iajUDciions of these
two instruments; and which, of coarse, dfBwa
considerations the most serious to the
Qoverament of tbe United States.

Tbe second reason of the Couocil is, " that the
decree declariag(British) merchandise gcKtd prize
had principally -in view capiures made on the
high lean ; hut thai tbe question, wberher ship-
wrecked goods oQght lo be restored or confisealM,
having always been judged nnder (he fourteenth
article of [be regulation of the 26th of July, 1778,
■nd, according to their character, (which might
have randered lawful, or have even commanded
their seizure at see.) ihere is no room to intro-
duce, in this case, any new. distinction which,
however philanthropic it may appear, baa not a*
yet been adopted as a rule by any maritime na-

Tbe doctrine resisted in ihb passage, and
which inculcates tbe duty of extending proiae-
tion to the aofortUDate, is not new to His Majes-
ty's Council 'of Prizesi They have themsefves
coDseoraled it by their decision of the 5th of
March, 1800. By that decision ihejr restored «■
enemy's ship, (tlie Diaoa,) on tbe single reasoa,
that "she had been compelled to enter a Freoob

S>rt by stress of weathtr." " I should equally
11," says the Attorney Qeneral, " in respect to
myself and to the Council, before whom I have
the honor is npresent the OFovernment, were I
not to maintain a principle coosecraled by our
laws, and by those of all natioos. In all circum-
Btaneos, let tbe loyally of the French Oovnomnt
serve as the basis of your deaisians. Prove your-
saive* at oDce generous and jnstjyour eoemies
wHlknowaodrespeatyour magnanimity." Snob
was the priocipLe adopted by the Coaoeil in the
year 1800, and in the case of an enemy's ship ;

Jetwa are now told that this very principle, "
onorable to the Court, to the nation, am* "
man naiUK, is utterly unknown to all a
people. And on what oeeasioD do we hoar this?
When an enemy's ship is again thrown on the
French coostl No; ifhas been reserved for the

had this ship escaped the rocks and made the port
of Morlais, the only inhospiialiiy lo which she
would have been exposed, (under the most rigor-
ous iaierpretattoD of the law in question,) would
have been that of being ordered again to mm.

o an-

.yGooglc

1668

RrlaivmM with FYdnce,

Hit>, ihen, ibe miirofniae of sbipwrcok to fir al-
tered lier coDdiiioD,** Id expose her (o the injury
of conGaoBiion alsol aad it ihii aroon^ the pria-
ciples which the defeDder of mariiirae rights
■Dean* to conteorate by bit potrer and hia wis-
dom 1 It ii ioipoaiihle !

The third reason of th« Couaeil is, "(hat the
applicatioD of ihe fiflh arlicle aforesaid, in is far
a« It coQCernt the Americau and other nationi.
is the resoU both of the general expressions of
that very artiale, aod of tne cDminuiiicatioa re-
cently made by hit Excellency, the Qrand Jndge,
coneeraing the primitiTa iatcntioQ of the sot-
ereign."

Thia reiMD will be found to be substantially
•nsnered in my reply to reason No. 5 of'the
Council. It will be seen that the opinioa giTeo
here, that " the application of article fifth oT the
imperial decree, to American commerce, is ihe
reiuU of the ganeral expressions of that very ar-
ticle," WM net the opinion of the Couaeil on the
3th of March last, when they judged the case of
tbe Hibernia. They tben declared, tn totidem^
Wrbu, that the decree " said nothing of its own
infiuence on the convention of ISOO," between the
United Stales and France.

The fourth reaEOo of the Council in, " that the
expedition in question having certainly been made
with full knowledge of the said decree, no objec-
tion can be drawn, with any propriety, from the
general rules forbidding a retroapeotire letiou,
Bor, even in this particular case, from the poste-
rior date of the act in which the Sovereign de
cides the question ; since tbal act sprung frocn his
aapreme wisdom, not as an interprciation of •
doubtful point^butas a declaration of an anterior
and positive disposition.''

A diilinciion is here attempied to be taken be-
tween the interpretation of a doubtful point and
the declaration of an anterior and posiiive rule.
This distinction cannot be maintained ; for, if the .
rule had been positive, there would have been no
occasion for the declaration. Neither the Minis-
ter of Marine, nor the Council of Frizes, could
have had any doubts on the subject ; the execu-
tion of the decree would have been prompt and
peremptory ; nor would a second act on the pari
of His Majesty, after the lapse «f twelve months,
have been □ecesMij' to give operation to the first.
Need I appeal lo your.Excellency'v memory for
the facts on which these remarks turoT You
know that doubts did ezisL You know thai
there was, under ihem, much heiiiaiion in pro-
nouncing. You know that, as late as ihe ninib
of August, I sought an explanation of Ihe de-
cree in question } and that even then your £x-
eelleney (who was surely ■ competent and le-
gitimate organ of His Majesty) did not think
j'ourself prepared to give it. The conclubion is
inevitable. His Majesty's aaswer, Iransmitted lo
theCuurtofPrizeaon Ibe IBthof SepCemberlnst,
through the medium of Ilie Qrsnd Judge, was in
the nature of an interpreiaiion, and, being ao,
could uol, without possessing a reiroaeiive qual-
ity.apply to events many months anterior in dale
to itaeir.

The fifth reason of [he Council, and the laat
which enters into my present riew of the sub-
ject, is, " that, though one of the principal agents
of His Majesty had given a contrary opinion, erf*
which the Council had at no period partaken,
this opinion being that of an individual, could
not, whatever consideration its author nay merit,
balaDce the formal declaration given in the name
of His Maieslf himself j and ibai, if iheeomma-
nieation of this opinion had, as is alleged, given
room lo snd serven as a basis for many Ameticaa
shipments, and particularly of Ihe one in ques-
tion, this circumstance, wliich may call for the
indulgenceof His Majesty, in a case in which the
confiscation is entirely lo Ihe advaniage of the
State, does not prevent a council, r^id in its duty,
to pronounce in conformity to the decree of ine
21st of Nov embN, and of the declantioa which
followed it."

Il would appear from this paragraph that, not
finding it easy to untie the knot, the Council had
determined to cut it. Pressed by tbe fact thai an
inierp relation of the decree had been given by «
Minister of His Majestr, specially cbargied with
its execntion, they would now escape frura Ihia
fact, and from the conclusions to which it evi-
dently leads, by alleging, IsL That al no time
had the Council partaken of the opinion given
by ihe Minister; and 8d. That this opinion, be-
ing that of an individual, could not possess either
the force or the authority of one truly minis-
terial.

It appears to me, as I think it will ajipear to
your Bxcelleney, that the Council have, in these
statements, been less correct than is usual to Itiem
on limtUr occasions. If, as they now assert, ihej
have never partaken of the Minister's opinion ; if
ibey have never even hesitated on the question,
whether the decree of November did or did not
derogate from the Treaty of 1800, why, I aek,
suspend the American cases generally; or why
decide as tbey did in the case of tbe Hibernial
If I mistake not, we find in this case the recoenl-
lion of the very principle laid down by the Min-
ister of Marine. That officer says ; '■ In my opin-
ion, the November decree does not work any
change in the rules at present observed with re-
spect-to neutral commerce, and, consequently,
none in the convention of the 8th Vendemiaire,
year nine." And whatsays ihe Council? '^Ad-
milling that this part of the cargo (the rum and
giogerj was of British origin, the dispositions of
the November decree, [which contain nothing
with regard to their own influence over the con-
veniion of the 8ih Vendemiaire, year nine,] evi-
denily cannot be applied to a ship leavUg Amer-
ica-un the 6th of the same montn of November;
and, of course, cannot have authorized her cap-
ture in the moment she wss entering the neutral
port of her deiiination." We bare here three
distinct grounds of exemption from the effects of
the November decree :

Isl. The entire silence of that decree, with re-
gard to its own inflaenee over the oonveation at

laoo.

.yGoogIc

16«5

A3?Ma<rDEL

U66

Jtdatioiu with fVaiMV.

3iJ. Thr neuirel chancier of the port to which
she was destined, ir such, sir, were (he prinei-
nlesadraiiieElbftheCauacilon the 25lh of March
last, with what correctnena can it be now said,
"thai at no period have tbef partaken of theopio'
ion of the Minister ?"

The second fact asseiled by the Council is, that
ifae interpretation of the decree in ijuestion, given
on the 24tb o[ December, 1806, was priraie, not
public ; or, in otber words, that it was (he inter-
pretarion of the. man, not that of the Minister,
and. as such, cannot outweigh the more recent
decfaratioD coioiog directing from His Majesty
himself.

On ibe comparative weight of those declara-
tions t shall say nothing, nor shall I do more to
repel the first part of tlie insinuation, (that the
Minister's declaration was that only of the indi-
vidual,) than to snbmit to your Excellency my
letter of the 20th of December, 1806, claimine
from that Minister an official interpretation oT
the decree in queution, and his answer of the 24th
of the same month, giving to me the interpreta-
tion demandeit.

To your Bxoellency, who, as late as the 2lBt of
August last, considered the Minister of Marine as
the natural organ of His Majesty's will, in what-
ever regarded the decree aforeMid, and who actu-
ally applied to him for information relating to it,
this allegBiioQ of the CannciL of Prizes, «ad the
reasoning founded upon it, cannot but appear very
exiraordmary, and will justify me in reqoeaiing
that His Majesty may be moved to set aside the
decision in question, on the ground of error in the
opioioti of the Council.

If, in support of this oonctusioo, I have drawn
BO arguments from the Treaty of 1600, aor from
the lawa of nations, your Excellency will not be
at a tms to assign to tbii omission its true cause.
It would surely have been a useless formality to
appeal 10 uithoriiie*, not only praciinally, bat
even prafenedly extinct. l& the letter of the Min-
ister of Justice of' the 16ih of September, we are
told by His Majesty himself,' thit, "since he had
not judnd proper to make any exception in the
letter of his decree, there waa no room to noake
any in its execution ;" and in the report of your
Excellency's ptedeeessor, of the 30th of Novem-
ber, 1806, we^Bve these memorable wbrds:

" England has declared these pheea falockaded,
before which she had not a single ship of war.

" She has done more, for she hac declared in a
state of blockade places which all ber assembled
forces were incapable of blockading — immense
coasts atid a vast empire.

" Afterwards, drawiU];! from a chimerical right,
and from an aasumed fact, the consequence that
she might jujiiy make her prey of everything
going to the places laid tinder interdiction by a
simple declaration of the British Admiralty, and
of everything arising therefrom, and carrying
this doctrine into eSect, she hai alarmed iMUiral
navigntors, and driven them to a distance from
ptrti whither their intereat* attratted thm, toi
lOth CoH. Sd Seis.— 53

which the laws of nations aothorized them to
frequent.

" Thus it is, that she has turned to her owa
profit, and to the detriment of Europe, bat more
particularly of Prance, the audacity with which
she mocks at all rights, and iosutls even reason
itself.

"Against a Power which forgets to snoh a
pitch all ideas of justice and all humane senti-
ments, what can be done but- to forget them for
an instant one's selfl"

Words cannot go further to show the eitio-
gnlshed authority, in the one ease, of the treaty
subsisting between the United States and Hii
Imperial Majesty, and, in the Other, of the law
of nations; to appeal to ibem, therefore, would be
literally appealing to the dead. Accept, sir, dt«.,
JOHN ARMSTRONG.

The MiKisTGH of Foreign Jtetaliom.

Hi. AcmsIraDg to Mr. Madison.

Pabib, Deotmber 1, J807.
Sir : I ban this moment reuived a letter from
His Majesty's Minister of Pffeign Relations, of
which I subjoin a copy; and am, sir, with very
high consideration, yonr most obedient and most
humble servant!

JOHN ARMSTRONO.

[Endoeed in the above.]
Mr. Champagny to General Armstrong.

Milan, NovtmberSi, 1807.
Sir: The execution of the measures taken
against the English commerce has frequently
caused reclamations on your part. The intention
of His Majesty, without douot, is, that every par-
ticular abuse may be repressed ; hut the Federal
Qovenimeni cannot maVe any complaint against
the measures tbemiielvesi and while the United
States allow that their vessels may be visited by
England, that she may drag them into her ports
and turn them from their destioatioo ; while they
do not oblige England to respect their Qag and-
the merchandise which it covers ; while they per-
mit (hat Power to apply to them the absard rules
of blockade which it has set up, with the view at
injuring France; they bind themselves, by that
towards England, to allow also the
1 of the measures of reprisals which

_ obliged to employ against her. His

Majesty regrets, without doubt, to have been
forced to recur to such measures. He knows all
that the oommereial classes may have to suffer
in consequence of them, pariieuiarly those who,
having habitual relations with Bngland, nsing a
common language, and often mixing their inter-
ests, raight more frequently occasion an apprefaen-
sion of some commercial eonoivance with the
Enzlish, inasmuch as they would have greater
rtcilities in covering it. This circumstance made
it necessary to use towards them precaotiona more
exact, and an aneeaxing watchfulness, in order
not to be exposed to abases which might result
froib m less conHant ngiUnc*. Bui it iinot la

K5',;;

jjGoogle

1667

1668

JIdaiiont mlk Frfmct.

FriDce, it \n to Engtisd, that ihue incon'
CDCei to individuRla ought to be imputed. She it
it who hasgireD iheenample ormeaiurei unjust
kod illegal, and infringing on the novrmgntf of
ntiioni. To oblige bei to reoouoee ihem, it baa
become neceuary to combat her with bcr owa
arms; in TiolailDg the rights of aH natiooi >be
has united ibern all t>y a eomroon interest; and it
i» for Ibeni to hare recourse to force against ber,
to forbid her the search (la vinle) of their Tes-
aelx, the taking awa^ of their crews, and to dr
dare thimielre* againtt meaaures witich wdud
their diginity and (heir indepeadence. Tbetinju:
proteDUOD* of EDglnnil will be LepI npaa long
H those whose rigDiB she violate* are silent; and
what QovernmeDi has had more to complain of
B8:ain>i her than theUoiied Siateal All the dif-
ficullies which have gifen rise [o your reclama-
lioDs, sir. would be rerooTed with eaae, if the
Oorerainenl of the United States, after i
plaining in fain of the injualiee and violatio
England, look with the whole Coniineni the part
of guaraniyiog itwlf tberefrom. England has
JDtroduced inio tbe maiilime war an entire disre-
gard for the rightu of nations; it is only in forc-
ing her to a peace that it is possible to ipcover
them. On this point the interest of all Dationa is
tbe same; all have their honor and their inde-

Hr. Amatrong to Hr. Madison.

Parib, December 27, 1807.

Sir: ! forward by Mr. McElhonny a copy of
a sreOTHi and very extraordinary decree ol^ ihi:
Gorernmcnt with regard to neulral commerce.
Whether it be meant to stimulate Great Britain
to the commission of new outragei, or to quicken
VB in repelling those she has already committed,
the policy is equally unwise, and so decidedly so,
that I know not a single man of consideration
who approves of it. It is, however, not less true
that it is as difficult to find one who will hazard
an objection to ii. T*^*"»»d, who in this way
h permitted to go further than any other person,
dare not avow his opinion of it, nor (bad a* be
thinks it) will he do more than Mate that tbe pre-
aent moment would appear to dictate some rnodi-
ficationi. To this point he stands eo^ged to go,
and 1 wait the result with much aniieiy. The
Etnperor ia expected here on thf last day of the
month;

I have the honor to be, with v*ry great reaped,
•ir, yout most obedient and humble servant,

JOHN ARMSTRONG.

P. 8.— As Mr. Lee (liioks it probable that bnth
the copies of my despatch of the 15lh November
are taken to Englund, I tend a third copy of it
with this. There is no longer a doubt (hat the
Eniperor wished to get hold of the royal family
of Portugal. There is a degree of wickedness
that makes even scoundrehs honest. This is veri-
fied in the conduct of Aranjo. In every other j
act of bis life he betrayed his master; in this he
Mrvad, and peihapa saved bim. The asaailaal I

confided to him his whole secret, and, abanJoned
as he was, be could not lend himself to its exe-
cuiioQ.

I have seen a letter from the Minister of Ma-
rine, in which he says, " The vessels of friendly
and allied Powers now in the pcrts of the empire
shall not .be permitted to depart until farther or-
ders." The professed object of ibis measure is
"to prevent their falling into the hatidi of the
enemy ;" the real object to induce the British to
arrest all such vessels [of ours] as may be within
their grasp. Thus the two rivals are to goon
endeavoring which can most outrage law and )u-
tice. The letter above-mentioned was written to
the Minister of Denmaik. A similar notice hat
not yet been feni to me. It is, therefore, poisible
that His Majesty's care is restricted to resaeli of
Powers both friendly and allied; that it is a
squeeze purely fraternal. If so, we may escape
for this time. I stale this, however, oa a thing
barely possible.

I am, sir, with very high cootidetatioD. your
most obedient servant.

JOHN ARMSTRONG.

Eilract<— Mr. Armatrong to Mr. Madiaon.

PiaiB, January 32, 1808.
The conjectut;e offered in my last letter with
regard to the embargo of our vessels, turns out
to be correct ; the order was intended to be con-
Sned to the vessels of friendly and allied Powers,
or Powers having both these characters. The
word neutral crept into it merely by mistake.
An extract from tbe Minister's letter to me on this
subject is as follows, to wit : " No order has been
given to retain neutral venels in the pent of the
eippire ; and as soon as I knew of the error com-
mitted in this respect, I haiitened to correct it, and
to notify expressly that neutral vessels, and par-
licularly those of the United States, shoutd enjoy
an. entire freedom." I subjoin, alao, a copy of a
letter in answer to the remonstrances I have made
a^inst tbe new arr^t of the 17tb of December
last; by ibis you will see that tbe capturea nnder
this decree, like those under that of Novemlm,
1806, are io the nature of detention, and that, in
the contingency of an exclusion of British com-
meree from (be United States, the ahips and car-
goes will be immediately released. I expect, from
one moment. to another, the Emperor's orders for
immediately raising all the Gequeairalioos which
have taken place under the November decree.

[Refiffred ti

PASia. Jmuarj 15, 1808.
Sik: The different notes which you have done
e the honor to address to me have been laid
before His M^esty,

Tbe proceedings of England towards all Oov-
ernraents are ao contrary to the law of Mtiooa,
and all the ru lea cons taoily observed even among
eacmiea, that no recourae againal thia Power ia

.yGoogIc

1669

jtPPENDIX.

1670

Reiationi itilh France.

any looker Id be found in the ordioBTy meaDs oi
Tepressioa. In order to aaaoy her, il is bKomi
DeceEsarjr to lura against her the amis which she
tnahes use of herself; aod, if traosieot ioeonvetii-
eoces result tberefroin, it la to her aloiie that tbejr
are to be Imputed. Since Eaglaod respects uo
lawf, bow .could ih^y be reipected with re^rd to
herl The mariiiiDe laws which she TioUtes,
ought they still lo be a prolectioD to her? And
if some Powers tolerate the infraclioiis committed
OD their inite pea deuce, could they have the right
to require that France alone should restrain her-
■etf within limits which her enemy hai erery
where orerleapedT

The United Slates, more than any other Power,
hare to complain of the aggressioai of England.
It has not been enough for her lo oflend against
the iudependence of their flag, nay,, against thai
of their territory and of their inhabitants, by at-
tacking tbeia even in their pons, by forcibly car-
rying away their crews; her decrees of the lllh
November have made a fresh attack on tlieir com-
merce and on tbeir navigation, as they have done
oo ihoie of all other Powers.

Id the situation in which England has placed
the Continent, especially since Her decree! of the
lllh November, Hii Majesty hns no doubt of a
declaration of war against her by the United
States, whatever irRDsieol saeriSees war may oc-
catiiun ; they will not believe it consistent either
with their interest or dignity to acknowledge the
moaslrcus principle and the aaarcby which that
Government wishes to establish on the aeas. If
it be useful and honorable for all nations locauie
the true maritime law of nations lo ba re-estab-
liahed, and to avenge the insults committed by
England against every flag, it is indispensable for
the United States^ who, from the extent of tbeir
commerce, have oftener to complain of theee rio-
laiiooB. War exists, then, in fact; between Eng-
laod and the United Slates; and His Majesty
considers ii as declared from the day on which
England published her decrees. In that persua-
aion, His Majesty, readf to consider the United
States as associated with the cause of all the
Powers who have to defend themselves against
England, has not lakeo any deGnilive measures
towards the American vessels which may have
been brought into our ports ; he has ordered that
they should remain sequestered until a decision
may be had thereon, according to the disposition
which shall have been expressed by the Qovein-
ment of the United Stales.

Extract — Mr. MadiMo to Mr. Anastroug.

Dgpabtmbnt or State, fib. 8, 1808.
Your lellers and communications by Doctor
Bullus were duly delivered on the 14ih day of De-
cember ; the aame conveyance bruugbt a copy of
(he sentence pronounced by the French Prize
Court in the case of the Horizon, giving a judicial
eff'cl to the decree of November 21, 1806, as ei-

EDUndedin iheanvwerof Mr. Cbampagny to your
■tier of the J2th^ November, 1807.
WhiUl the French Oorerament did not avow

ur enforce a meaning of the decree of Norember,
1806, in relation to the United States extending
lis putview beyond the municipal limits, it could
not, in strictness, be regarded as an infraction
either of our neutral or conventional rights; and,
conaequently, did w>t authorize more than a de-
mand of seaaonabie eiplanaiions of its doubtful
import, or friendly expostulations with respect to
the rigor and suddenness of its innovations.

The case is now essentially changed. A con-
struction of the decree is avowed and executed)
which violates as well the positive stipulaliona
of the convention of September 30, 1800, as tha
incontestable principles of public law. And lb*
President charges you lo superadd, to whatever
representations you ma]! have previously mado^
a formal remonstrance, in such terms as may be
best calculated either lo obtain a recall of the
illegal measure, so far as it relates to (be United
States, or to have the effect of leaving in full force
all the rights accruing to them from a failure to

That the execution of local laws against for-
eign nations on the high seas is a violation of iha
rights of the former and the freedom of the latter,
will probably not be questioned. A contrary prio-
eiple would in fact imply the same exclusive do-
minion over (be entire ocean as is enjoyed witbin
the limits of the local sovereignty, and a degrada-
tion of every other nation from its common righla
and equal tank.

' If it he contended that the decree, as a retalia-
tion on- the other belligerent, at the expense of
neutral nations, is justified by a culpable acquiea*
ceoce ia the prior measures of that belligerent
operating through neutrals, you will be able to
deny such acquiescence; and to urge moreover
(bat on everjr ^uppoiiiiioa the retaliaiiog meaaura
could not be justly enforced in relation to neutral*,
withoMl allowiog ihem at least a reasonable Uma
for choosing "between due measures against the
prior wrong, and an acquiescence in both. The
copy of the representations to the British Qoverit-
meui, through its Minister here, on the subject of
iie orders of January, 1807, will at once disprove
an acquiescence on the part of the United Slate*,
and explain the grouuds on which the late exten-
sioD of the Freaoh decree of November, 1806, ia

giving this extended operaiiou to its decree, and
indeed in issuing one with such an apparent or
doubtful import against the rights of the sea, i*
Ute more eitraordinsrv, inasmuch as the inability
to enforce it on that element exhibited the meas-
ure in the light of an empty menace, at the same
lime thai it afforded pretexts to her enemy for
s^ere retaliations, for which ample means are
found in her naval superiority.

The accumulated dangers le which the ill^al
proceedings of the belligerent nalions have sub-
jected the commerce and navigation of the United
Slates, have at length induced Congress to resort
to an embargo on our own vessels, as a meaanr*
best filled for the crisis— being an effectnal secu-
rity for our mercantile property and tuarinen now

.yGoogIc

U71

AFPBNDIS.

Atoiona mh /Vntm

1672

gthomeaniJ d>ilr ■rriTliig,andat th«MHD0 linie
■cither ■ mnsure i)or jubI cbus« of mr. Copies
6f ihhi act were aooo liter ili pasMge Irantmiited
to Mr. Pinkneir, wiiti an RUthority to auure the
Briiiih Government ihai ii wai to be vievred ia
Ihia light, aod (hat it wat v»t meiai to he Tfae
altghie»t iinpediroent to atnieable DFgotjationa
with for«gn OoTernmentB. He was reqaesled to
avail hiDKelf of an tipportuoiir of eommunieating
to yo« and Mr. Brviap ihii Tiew of the aobject,
and I bope that you will bave been thence ena-
bled lopretent ii to the French OorernmeDt. Not
nlyiog however on thai iodirect opportDoity, I
send by tbi» anoiher copy of the act, with an ia-
■trueiion from ihc Pteildent that yoa make it the
aobjeciof lueb eipIanaiioDa aawill niard anioK
■nv mkeODception of the policy which ledto it.

1, required by
a etiernal comTDerce, ana,

It is strictly a meaiiire of preeauti
the danger* incident to etiernal <
^ing indiieriminaie in ita terms and operaiion
towards all oaiiona, can gira no just oKoee to any.
The duration of ibe act is not fixed by ilself, and
will eOBHouemly dejNad on a eoniinnaaee or
eersarion of ite catties in a degreetuffieienr, in the
|udgnient of ihe Legislature, to induce or forhid
ite repeal. It mar be hoped that the itMonveui-
Mces felt from it by the belligerent nations iftay
lead to a ebaage or condoct which imposed ihe
taconrenienoes of ii on ooraelves. Prance her-
•Hf will be a aulTerer, and aome of her allies far
more so, It will be very agreeable to Bnd in that
CDBaidereiion, and siill more in her Kute of jut-
lice, a avfficjeni raolife to an early maaifaatation
of the respect due to our eomioercial rights, Tha
•nmpte would be worthy of ibe professions which
he makes to the world on this subject.

February 18. Since Ihe above was wriiicn 1
Inve beea under a degree oriodiapositioa, which
hm suspended thi proposed tMntiauation of it,
Mid whiofa now will oblige me to be very brief;
the more so, as tbc vessel bat been some daya d«-
taiaed, which w«s engaged for ibe special pur^ie
of conveying pablic despatches and private letiers
to Burope,

The delay has enabled me to inform you thai
Hr. Britsioe, a ftw days ago, commoDicaeed, by
ioslruclions from his Oovernment, its late decrees
of November 11th, and those fohning a sequel to
them. The comnunioatfon was accompanied
with aaenrancea that much regret was fell by His
Bviiatiiiic Majesty at the necessity which tfae
•ooduet of his enemy had created for measorea so
■Bibarrassing to neairal commerce, and that His
Majeaiv would readily follow en example of n-
linqnishing Mich a coarae, or even of making re-
taxations paripamu with hia enemy.

'Whethei these intimations have any reference
to the di«tineiion between snch parts of the
French decree as operate municipally on shore,
and aoch as, operating on the high seaa, violate
Ihc rights of neutrals, or to a distineiion between
the former resiric lion and the late eitension of
Ihe decree with respect to the United States, Mr.
Brskinedid not seem antborized lo say. The
probability it that neither of these distinct ions eo-
Mted into the views of the British Cabinet. But

it is certainly oeltfaei: less (be duty nor tfae irna
policy of the Emperor of the Freneh »o to var^
ais decree ai to make it aonsjiieni with iherighM
ofnenirals, and the freedom of the seax, and par-
licularly with his positive ilipolarions to the Uni-
ted States. This may be the more reaaonably-
expected, aa noihingean b« more clear, as bus been
already obaerved, than that the effect of the de-
cree, as far aa ii can be carried into efleet, woald
not M senslUy diminished by abolishing its ope-
ration beyond tfae limit* of the territornl sovev'

In remonstrating aaainst the injaatiec and ille-
gality of the French decree, I am aware thai yoa
may be reminded of aoteeedent injuries to France
ana her allies ihrongh British violation of neo-
Iril commerce. The fact cannot be deoied, sod
may fee urged with great force, in our remoaatraD-
ce* against theordera to which Qreat Britain haa

Siren a reialiatinr character, siaeo th« French
ecree might on the same ground be pronoiMced
a retairation on the preceding eooduct of Great
Britain. But oogbi the legitimate commerce of
neutrals to be thus tba victim and the sport of
belligrrenta contesting with esch oiber tne nrt-
oriiy of their dcatructtve innovation^ aodi, with-
out leaviog either of them (o nentrals, evsn tfae
opportunity or the titne for disproving thai enl-
pable acquiescence which ii made the pnuxt by
both for tfae wtongs done to them t And I mtial
repeat that, apart n-om all questions of this nature,
the French decree) or at least the illegal eateoaiona
of ii to the United States, remata chaiigeable wilk
all lbs impolicy which has been pointed ont.

I find byaceoanlsfromHamboi^,Bi«men, Hol-
land, and Leghora, that the trade and properif
of onr citizens have been much veied by r^ula-
Talioni sUbaHem to those of the origiaal decree
of November 21, 1800. How fhr the complaiota
are fuonded on proceediogt violaling our [rablio
rights, or oa such asare unfriendly and inequitable
towards out eiiiaens who have placed their prop-
erty within ifaose jurisdictions, you will be abia
lo decide better than we can do at this distance ;
and the President refers to your own jndgmeQi
the kind of represeniatlon to the Freneh Govern-
ment which thoae and other aaalogous casea maf
require.

Extract— Mr.

Pahib, FHruary 17, I80S.
Bucloiied is a copy of the aoswei from the Mia-
ister of Marine, lo my letter of the 13ih insiHol,
in relation to the sale of a part of the cargo of ths
ship James AdaoK^ h would now appear, that
the promisee of forbearanca made by another De~
partment are applicable only to vessdsscquesiared

flitracC — Hiniater of Marias lo Gmieral Aimatroiv.
FiETB DivtaioN OP PaiBBB,

Pari; Ftbnary 15, 1808.
I observe to yon, moreover, the qnestitta now
a, not aa to a vesael aequeateiad in port, bm as lo «

.yGoogIc

APPiafDIX.

16M

prize made at sea, and seiz«d for a conlmTcntioa
of the decree of ihe 17lh Dacember IbbI; tbat tbe
proTJiional sale ordered oo aceoaot of the "arer-
*|te" i> for tlM iQttTMt as well of the ckpiared ■■
of tbe capEora, Bud that it is directed accoTdinK to
(he caw provided for by ib« legalatioo of tbe 3d
Prairial, Hth year.

Gxtnet — Mr. Amntrong to Mr. Msdiaaii.

Pahib, Ftbruary 22, 1808,
Mt. FattersDQ offers so good a coDVeyaDce that
I eannal bitt employ it. Nothing has occurred
here since the date of my public despatches, (the
17th instant,) to give to our business an aspect
more favorable than it then had ; but, on the other
band, I have come at the knowledge of two facts,
nbich I think sufficlentlf Bhow the decided char-
acter of the Emperor's policy with regard to u>.
these are— 1. Thai, in a Council of Admiaistra-
tion held a few days past, wbeti it was proposed
to modify the operation of the decrees of Novera-
faer, 1806, and December, 1807, (though the prop-
osition wa^ supported by the whole weight of ine
Council,) he became highly indignant, and de-
clared that these decrees should suSei no change,
and that the Americans should be compelled to
take the positive character, either of allies or of
enemies. 2. That, on the 37ih of January last,
twelve daysafter Mr. ChaCDpaffoy's written assur-
ances that these decrees should work no change
in the property sequestered until our discussioos
-with England were brought tt) a close, and seven
days before he repealed to me rerbally these very
assurances, the Emperor ffd, by a special deci-
sion, coafiscaied two of our ships and their car-
goes, (tbe Julius Henry and Joniatia,*) for want
merely of a document, not required by anv law
or usage of the commerce in which they had been
engaged. This act was taken, as I am ioformed,
on a general report of sequestered cases, amonnt-
ing to one hundred and sixty, and which, at pres-
ent prices, will yidd upwards of one hundred mil-
lions of francs — a sum, the magnitude of which
alone renders hopeless all attempts at saving it.
Danes, Portuguese, and Americans, will be the
principal sufferers.

If I am right in supposing that the Emperor has
definitively taken bis gronnd,! cannot be wrong in
concluding that you will immediately take yours.

Extract—Mr. Armitrang to Mt. Madison.

PARta,itfarc4 9, 1808.
The converstttioD alluded to in the copy of the

leiterof did notiaks place till the 8th instant,

when the Emperor deelarad, that if means could
he found to make an exception to the operation
•f the November decree avch exeeplion sfeould
haTchiicotweDt.

' Bilract — Mr. Armatrang to Mr. Hadison.

Pabib, March 15, 1808.
I stated in my last letter the substance of a
4eeIaratioo mad^ by the Emperor, viz; that if

* .TImm caase hava baen reftmd to Oe Grand Judge.

means could b« fonod to except American piop*
erty from ihe operarion of the decree of Novem-
ber, 1806, without infringing the principles of tha
decrees, he would immrdiaiely make the excep-
tion. No time was lost in com muaica ling ihia
declaration to me ; and I was iaviied to poiai out
ilie means ilrequired,andassured that they should
be immediately submitted to His Majesty. LittI*
as I liked the propoMlion, and much as I doubt
the ainceriir of iha declaration out of which it
grew, I could not refuse any agency of mine in
rescuing so much of the American property se-
questered in the ports of France as should come
within this new rule. I accordingly wrote tb«
note, (a copy of whictt is subjoined to this tetter^
pointing out, in a few words, tne properly to wbicB
that Tule would apply. This note was put into
the Emperor's band by tbe Prince of Benevents^
who, though six days have now elapsed, baa not

The imperial decree ef November, 1806, con-
lains oo authority to sequester {he cargoes of neu-
ttal vessels touching at Gng'tsh pone, and subse-
quently comiu^ into those of Ff«Qce, exetptiog
in cases io which Ihe captains or supercargoae
may have made false declaruioas, Tne penally
pn>vi4ed by that deGre« for oSence* other ikas
those of falsedttcUraiioas is imaudiate departare
from tbe enpire ; and as io these eases no ftalse
dealeralions have b«eu made, nor are alleged ta
have been made, so no penalty, other than that of
departure from the empire, san be l^ally iofiicied.

Eitraet — Mr. AnaitTOBg to Mr. Madisoa.

Paris, Apra 5, 1808,

I received the despatches f ou did me the hon«
to address tome by Mr. Lewis, on the 26th ultimo.

Though I had complained often and eamesttr
of both the principles and operation of tbe Em-
peror's decrees of Noveniber, 1806, and December,
1807, (having written at least twenty notes on the
different cases which hare arisen under ibem,}
yet, as the President's orders were express, that,
on receipt of your letter, I should supermdd, te
whatever representations might have been pre-
viously made.a formal reihonsirance against those
decrees, 1 did not lose a moment in writing and
presenting the enclosed note ; tbe terms of whtck
will, I hope, appear to be such as were proper or
necessary to the case, and ealcalaied either to
obtain a recall of the illegal measures, or to leave
in full force therightsaecroinaf to the United Sialea
from a failure on the part of France to recall tbem.
Totbisnolelbarenotyet received an HOswer, nor
have I reason to expect one soon, as the Braperoc
has left Paris, (it is said for Spain,) and bad, aK
no time before he set out, indicated any alteralio*
in the views which originally grodnctd the d»
crees In question.

Mr. Pinkney found means (in the return to Iha
Continent of M. D'Alopeut) to commaaicaM tbe
President's views on the subjeet of tha general
embargo, and particularly the deaire he bad tbM

.yGoogIc

1«T6

APPENDIX.

16T6

IMatioru with France.

it aliouid not be eooaidered as « uieainre of bo*'
tilitjr againsl taj faniga aaiu>Q- Borne ezplan-
aiioDB of ihii kiDd, wrre, perbap*, necMHry in
Bogland, irbere, from ibe niireprncDtationi of
our own people, ibe charaeiei of the policf wat
likely lo be misuoderttood} but aa oeilber tbc
aaine nor aof other reasoo existed for makisf
them here, none have been offered.

Mr. Armatnmf to Mr. Chanpagn;.

PiBiB, j(prt/ 2, _ _

Sia: HaTing iabmiitcd to the QoTernroent of
(be United Bialet copie* of tbe imperial deereei
of the 21it of November. 1B06, and 17th Decern-
bcr, 1807, and of the expotiiiona which your Bx-
cellencV nai been pleated, at diflereoi limei, to
gite of them, I have recntly received the io'
airuclioni of the Freaidtnt lo remoniirate agaiasi
both the pTOTitioni and operation of the Mid
decreet, onthegrouod of their infracting, uwell
the positive itlpulaiiont of a pnrtioular treaty, ai
the mconietiable principle! of poblic law.

In dlicliargins ihii dutjr, yoor Excellency will
permit me to ealTiD voor remembrance the twelfth
and footieenth article* of the treaty mada betlreen
the United States and France, on Ibe 30ih of
Beptember, 1800. Theie article* providi

Itt. That "it ihall b« lawful for the eii _.

either country to tail with their ihipa and mer-
ehandiae (contraband good* alwayi excepted^
from any nort whatever, to any port of the enejny
of the oiber, and to sail and trade with their
ahip* and merchanditt, with perfect iccDriiy and
liberty, from the coDotries, port*, and placet of
those who are enemies of both, or of either party,
without aDy oppoiition or dittatbanee whatso-
ever; and lo pass not only directly from theplaeei
•ad ports of the enemy aforeuid to neutral pofti
and places, but alto from one place belonging to
■n enemy lo another place belonging to an enemy,
wheihef they be or be not under the jurisdiction
of the same Power, uoleu such ports or place
ahallbe actually blockaded,be*ieged, or in vetted.

2d. That "veMels nailing for a port or place
belonging lo an eneoiy, without knowing that
the tame IS either besieged, blockaded, or invested,
may be turned away from tu'ch port or place, b ~ '
4bey shall not be detained, nor any part of tbi-.
cargo (not contraband) conGscated, unlet*, after
aoiice of such blockade or investment, they shall
■gain allempi to enter; but they shall be permii-
led to go to any other port or place they shall
think proper.

food I,

free and exempt which snail be foand on board
the ships belonging to [he citizens of either of the
contracting partie^ although tbc whole lading, or
any part thereof, should appertain to the enemies
of either; contraband goodt being always ez-
eepled."

Tbcae stipulations are not more clear in them-
aelvca, nor of more indisputable application and
ftdlhority in the present case, than IbeiojuncUOBc
of public law by which they were enforced, viz:

Thai local regulaiions (excepting by virtue of cob-
vention) canaut apply to foreign nations on the
high teas, wiihout violaling the rights of the one,
and the freedom of tb* olher ; that blockades can
only exitt when placet are to infeated thai no se-
pioui allempi can be made to approach Ihem wiih-
oul exposing the parties making them lo immioeat
danger; thai merchant vessels may be visited
without any degradation to the flag of the nalioa
to which they belong, &«. But why mnliiplf
proofs of a poiition w!hich it not denied 1 Does
not the official report of your enlightened prede-
cessor of the 21st of November, 1806. admit ihe
illegitimacy of the original decree 1 Does iinot
(xptestlv say, that the doctrinei uf blockade io-
troduced by England are monstrous and indefen-
sible 7 and that the practice, like the doctrine, ia
a mockery of right, and an intuit upon reason 1
After strictures so severe, because so jost, what
can be said for ihe policy of Prance, which differa
in nothing from that of England 1 Has yourEz-
cellency attempted to defend either thetbeorr or
the practice of thit policy, on the groaod of ita
conformity lo ihe principles of public law 1 Or
have you done more at any time, or on any occa-
sion, than to leek a justification for it oo the bare
tuggeslioa that the United States have acquiesced
in the measures ofBngland 1 And howhasevea
thit tuggetlioa been maintainedl B][ an expo>
siiion otthe wrongs inflicted on American com-
merce ! and wbichnave been notoriously practised
by all the belligerents in turn. Have not the ships
or the United Slates been encountered by alll
Have they not beeiaSurned front [heir original
destinalion 1 Have ibey not been dragged into
foreign poria for adjudication? Have iney not,
in several instances, been burnt on the high seas 1
[s not theargument, founded on ibis slate of ihiogs,
equally good for either, or for all thetKlligerenisl
And can France derive from it rights which do
not equally accrue to her enemies? There is,
however, aaolber and a beilft answer lo ibis sug*
^ettion, which your Excellency has already seen
in ibe letter I hud the honor of writing to you on
Ihe 16tb of February last viz : that the sD^e»-
lion is neither well nor plausibly founded; and
that tbc United States neither have suhmiited,
nor will submit, to the usurpaiions of QreaiBritam
nor to thote of any other aatioiL
Accept, sir, &.c.

Extract— Mr. Annstrcag to Mr. Midiaon.

PiBia, April 12, 1806.
I have detained Mr. Lewii here till lo-day, on
the suppotiiion ihal my letter of the 2d rastant
would be answered. This waS; however, a raer«
accommodation to forms, as the abaeooe of ih«
Emperor and the Minister of Foreign Rclaiit>oa
renaeted this suppotitioa highly improbable.
There being then no public reason for Mr. Lewis's
longer stay in Paris, and the, permission to ih«
OaBge to prosecute her voyage to Bogland not
including one to return loFnnce, I have thought
it best ibat we tbonld embark with such despatch-
es aa were ready, proceed to Falmouih in Bng-

.yGooglc

1677

APPENDIX.

Atlalum* viih fyame.

1678

land, Rod \bence, after receiring Mr. Piokney'
order*, reiuta with all possible expedition to the
Ugited Stales. HehuaecoTdiDglf been insiract-
ed to this effect.

Extract — Mr. Madiaon to Mr. Arautrong.
DEPjtRTHBHT or Statr, May Z, 180S.

Since mf last, of wbich Lieateoani Lewis wRs
the bearer I hare receired yoar several lellers of
lhe27lb of Deceiaber,22d January.lSth iDdlTlh
of February, with their respeciive enclosures.

Thai of the 15lh of January, from Mr. Cham-
pagny to you, has, as you will see b; tbe papers
herewith sent, produced tbe sensatious here which
the spirit and style of Uwere calculated to excite
in miDda alire to the interesis and bouor of ibe
itatioD. To present to the United SlaiA the
alternative of bending lo the views ,of Prance
against her eaemy, or of incurring a confiscation
of all the properly of their ciiisens carried into
tbe French prize courts, implied tbat they were
■nsceptible of impressionB by which no independ-
ent and honorable naiion can be euided; and to
prejudge and pranonnce for tbeta i be effect which
the conduct of another naiion ought lo hnre on
their councils and course of proceeding, had the air
■t least of an assumed authority, ant less irrlratin^
to tbe public feelings. In these tigbls the Presi-
dent makesji your duty to present to the French
QoTernment the concents of Mr. Champagny'a
letter; takiog care, as your discretion will doubt-
less suggest, that while you make that QoTerD-
ment sensible of the offensire tone employed, yon
leave the Way open for friendly and respectful
explanations, if there be a disposition to offer
them; and for a decision here on any reply which
may be of a different character.

Congress closed theirsession on the 25th ultimo.
For a geoeral riew of their proceedings, [ refer to
the series oFneWspapert heretofore and now for-
warded; and to other prints which are added.
Among their acts uf chief importance is that
which Tests in the President an authority to sus-
pend, in whole or in part, the embargo laws.

The conditions on which tbe suspendiog au-
thority is to be exercised will engage yourparticular
attention. They appeal equally to the Justice
and the policy of the two great betligereni Powers
DOW emulating each other in violaiioDs of both.
The President couota on your best endeavors to
give to this appeal all the effect possible with the
Fieoch Qovernment. Mr. Pinkney will be doing
the same with that of Qreat Britain. The rela-
tion to which a recall of its retaliating decrees by
either Power will place tbe United States lo the
other, is obvious, and ought to be a motive to the
measure proportioned to tbe desire which has
been mantfested by each to produce collisions be-
tween the United States and its adversary, and
which most be equally felt by each to avoid one
with itself.

Should wiser councils or increasing distresses
iodace Qreai Britain to revoke her impolitic
orders against neutral commerce, and thereby pre-
pare the way for the remoral of the embargo, ai

it applies to her, France could not persist in the
illegal part of her decrees, if she does not mean to
force a contest with the United States. On th«
other hand, should she set the example of reTSca-
tion. Great Britain wodld be obliged, either by
following it to restore to France the full beneni
of neutral trade, which she needs, or, by persever-
ing in hii obnoxious orders after the pretext for
them bad censed, to render aollisions with the
United States inevitable.

In every-pOint of -view, therefore, it is so clearly
the sound policy of Franca to rescind so much al
least of her decrees as trespass on neutral tighta,
and particularly to be the first in taking the retro*
grSde step, that it cannot be unreasonable to ex-
pect that it will be immediately taken.

The repeal of her decrees is more to be tx-
peeled, aboT« all, if Gteai Britain should repeal,
or be likely lo repeal, hers, as the plan of the
original decree at Berlin did not extend to a vio-
Istion of the freedom of ihe seas, and was ro-
atrieted to a municipal operation for nearly an
entire year, ooiwithstandiog the illegal British
orders of January, 1807, and as a return of France
to that restricted scope of her plan would so im-
materially diminish Its operation against the Brit-
ish commerce; that operaiion being so complete-
ly in the power of France on land, and lo little
in her power on the high leas.

But although we cannot of right demand from
France more than'a repeal of so much ofher
decrees as violate the freedom of the seas, and
a g^l point will be gained by arepeal of that
part of them, yet, as it may not have the effect
of inducing a repeal of the whole illegal system
of the British Qovernment, which may seek pre-
texts or plead K necessity for coonieraciing the
unprecedented and formidable mode of warfara

Rraetised agatost her, it will be desirable that ae
ttle room as poshiblft should be left for this re-
maining danger to the tranquil enjoyment of our
mraercial rights.

In whatever degree tbe French GoTernment
may be led lo change its system, you will loeeno
time in transmKiiog the information to (bis De-
parimeoi'and to Mr. Pinkdey. and br hired con-

It is of the greater importance that you should

ceive from each other the earliest noiioe of any
relaxations, as each Oovernment is undera pledge
to follow such an example by the other. And it
ii not of less Importance mat the President or
Congress should be acquainted with the facts,
that the proceedings here may be Bceomtnodated
10 them.

That you may* know the grounds on which the
British orders of November-have been arranged
by this Government. I enclose a copy of Ihe an>
swer to Mr. Erskine's note commnniciiing them,
a copy of the note being also enclosed.

The other documents communicated will put
you in full possession of ibe relations of the Uni-
ted Stales with Great Britain, as lesnlting from
the issue of our general nesotiations, and from
thst of the mission of Mr. Rose.

.yGoogIc

Ift7»

1660

M^iOtmt with fVane:

This dupawtt Ii foiwirdad br Ur. Bxker, who
Ukci bia pattagfe from BHliimorE in a visiel ea-
Mged, fta was tba (hage wbich iiiled fiom New
York, for the special purpoie of public aod mer-
natile correipondeDcea with Europe. S^ will
proceed ID iht fir^ initeaM to L'OrieBl, where
■he will leaTe Mr. Baker, aad thence proceed
with despatcheii for Mr. Pinkaey to Falmouih,
where the will remiia a few dayn lo receive com'
municBiions from htm; the will (hen retutn to
L'Orieot, in order lo briog baolt Mr. Baker, with
jfour coinini]Dic»tiaD8.

>lft.
Parib, JuM 25. 180S.

Sir: The St. Michael arrived at L'Orient on
the 1st inalanl, and, like the OfHge, was immedi-
Btelf put under ^equeftration. It was not until
the eth that Mr. Baker arrived here.

The remonstrance ordered, with respect to the
terms of Mr. Charapegnv't letter of ihe 15ih of
Januarf, shallbeesecu'ea (be mnmeat the Prince
of BeoevcDli) returns from Valenfiy, and I hope
in a waf which, while it makes tbe Prencb Got-
ernmenl sensible of tbe ofiensireness of tbo^e
terras, will not obslriict the rosd to friendly and
respectful eiplaDRttoas on its purl.

To give this a chance of finding Mr. Living-
•toQ at Bordeaux, I muit close it here.

With high respect, dtc.

Ur. Armstntng to Mr. Madiaoii.

Pabib, /v^y 18, 1808.
Sib: I aVail myself of the detention of the
Aroiurtif, lo iratMmit copies of two letters which
I bare writtea to M. de Champagay : the one in
execution of the President's orders with ivgard (o
ike offensive terms eioployed by that Minister in
bis note of the IStb of January last ; the other
demanding from him, on tbe pan of his Qofern-
ment. an avowal or disavowal of the conduct of
Raat Admital Baudio in hurniBa; or otherwise
destroying, on the high seaa, four Americao ship*

BBd ibctr CBIffOIS.

I have the honor tobt, die.,

JOHN ARMSTRONO.

[Befhrred to in Hr. Armitrong'a despatch of the tSih

Of Jnly.]

Mr. Armstrong to Mr. Champagoy.]

Parlb, Juiy 10, 1808.

Sll: Tour Excellency will see by the enclosed
eiiracts from two letters which His Majesty's
Minister of Marine has done tne the honor la
Bddreu to me on the 18ih of April and 13ih of
June last, that tbe property taken from the four
American ships destroyed by Rear Adoural Bau-
din has been placed under the jurisdiction of the
Imperial Council of Prizes, (o be judged by it, a*
B case of ordinary capture.

To vour Excellency it will be uoneeessary lo
remark that, whatever may be the decision of
the Council in relation to the merchaadiie which
haa been saved, tbe caae presenU b question of

much higher import, and entirely beyoad ibc ju-
rlKdieiion of a maritime court, viz : the hind and
degree of reparation which shall be due for tha
ships and merchandise which have been de-
stroyed. And, byway of opening this subject,
Siar Excellency will permit me 10 Bsk whether
is Majesty's Oovernment does or does not jus-
tify the conduBl of Rear Admiral Baudin ia
burning Br otherwise destroying, on the high
seas, the ships and merchandive of a neuinl and
friendly Power 1 I pray jour &xcelleBcy,4.c_
JOHN ARMSTRONG.
M. Chaupaoht.

[Rriermd to in Mr. Armstrong's letter of Jalj 18.]
Eitiact — Mr. Arnutrong to Hr. ChanpagDj.
Parib. July 4, 180S.
Sir : It has heea made the duty of the under-
signed to brins to the view of tbe French Gov-
ersmentan official note addressed lo him, on the
16th of January last, by His Majesty's Minister
of Exterior Relations, and which, in the opinion
of tbe President, is calculated to derc^aie from
the rights of the United Stales a* an mdepead-
«Bt nation, Tbe note if in the foliawiag word^

(See Mr. Cbampagny's leiiei of the 15th of
January, 1808, atae page 1668.)

On tins Dole the undersigned would remark —

1st. That the United Sutes have a right to
elect iheir own policy with regard to England, u
tttey bare with r^ard to France, and that it it
onlv while ibe^ cnnunue to exercise this righ^
without suffering any degree of reairaiDi from
cither Power, that tbey can raaioiain the inde-
pendent relation in whieh> (bey stand to both ;
whence, it follows, that, to have prononoced, in
the peremptory tone of (he preceding note, the
effects which the measures of (be BriiUh Gov-
ernment ought to have produced nn their coun-
gels and conduct, was a laoguage less adapted to
aceempliih its own object than to offend against
the respect due from one independem nation to
another ; aod,

3d, Thai tiia altemative to be found in ibe
last paragraph, and which leaves the Uaked
States to choose between an acquiescence in the
views of Franca 'against Great Britain, and k
conGsoatiou of all American propeii|- seqae»-
tered by order of His Imperial Majesty, is squally
offensive to both Governments ; to France, as it
would inpute to her a propoaitioa founded ia
wrong to individuals; aod to the United Sutea,
as it would imply on their part a subjection t«
pecnniHry isterests totally iDOoaiistenl with (hdr
principles, and highly dishonorable to their dbax-
Bcier.

His Exeelleocy will be persnaded that tbe
President, in diiecting (he undersigned to tnakt
thia repFcaeRtalioo, had bo object in view beyond
that of seeking an rxplansuon, whicb caaaol
but tend to prwnate tha hariBony »f the two

The Miaister Plenipotentiary of the tJaiied
Siaiei^ JOiUI ARMSTBONO.

.yGoogIc

1881

APPENDIX

Bdatim* wlA JVoMf.

I68S

Mr. H^iMa U Mr. AraidnBK-
DsPiRTHBHT or State, July 21, 1806.
Sir: Herewith you will receire a copy of liie

Sapers rFliTing to one of the vessels which were
estrofed at aea by the French frigates relaraiog
from (he Weal Indies, I observe that, in your
letter to Mr. Champagny of the 2d of April, you
have incidentally noiiced this occurrence. If
rople reparaiion should not have beea made to

the:

s thei

fferera, th'e President ihinlts it pro|^ thai.
become auibenticaled, yoAhould

._t ihem in terms which may swaki ..
French Government to the nature of the injury.
and the demands of justice. The burninj; of
neuiral vessels detained on the hish seas is the
most distressing of all the modes by which bel-
ligerents exert forca coniraty to right, and, in
IiroporlioD as it is destitute of ipoto^y, ought at
east to be the promptitude and amplitude of the

If it be contended that the destruction in these
cases proceeded solely frotn the danger that olh-
erwise iotelligenca might teach a pursuing or
hovering force, it may be answered, that, if inch
a plea were of greater avail, it would only dis-
prove an hostility of intentioo, without dimin-
isbing the obligation to iudemalfv, oa tfaa most
libersl scale, (be injured iadividuats. It maybe
added that, if the outrage on the individuals was
not meant as an hoailTity toward* theii Dation,
the latter might justly expect a tender of such
explanations as would leave no doubt on tl '
subject. I have the honor to be, dtc,

JAMES MADISON.

Mr. HadiaOQ to HV. ArnuboDg.
DsPABTMBHT 01' State, Jviy 82, 1S08.
Your despatches bv LieaieoBai Lewis weri
delivered od the Sth iDitanl.

It is regretted that the iBierval between his ar'
rival and the date of your letter to Mr. Cham-
pigny, during which I presume totne verbal in-
tercom municaiion must have taken place, had
produced no indication of a fovorahle chanf
the views of the French Qovernment wit
apecl to its decrees; and itiU more that, jnatead
of aa early and favorable answer to your letter,
it ahoaid have beea followed by au'ch a decree at
ia reported to have bcBU iasned on the 2Sd of
April, at Bayoone. The decree hai not yrt
reached the United Siatet, aad therefore ill pre-
ciae import caonot- he aacettaiiied. But if it
■bould be, as it is repreaeaied, a sweeping Kioke
at all American vessels oa the high seas, it will
not only exteod our demanda of repaaaiioa, bat
is rendered the more ominoDS with reepeet to the
temper aod views, of tde Brnperot towards the
United States by the dale of the measure.

The arrival of Mr. Baker with my letter of
Uay S, of which a eopy ia herewith aent, will
hare enabled you to resume the aabject vf Ibe
decrees, with the fairest opporianity that eould
be given lo the French QevetaneDtm ■ obaoge
of ihe uajuu and aamM wurse which baa been

wd ; and 1 assare myself that you will not
failed Co tdro the communieaiioos with
which you are furnished to the best account. If
France does not wish to throw the United Slates
nto the war against her, for which it is imponti-
ble to find a rational or plausible ioducement, she
ought not to hesitate a moment in revoking at
least so much uf her decreA as vioUle Ihe rights
of the sea, aod furnish to her adversary the pre-
t for his retaliating measures. It would seem
^_ if the Imperial Cabioet had never paid suffi-
oJeot attention to the snaallaess of the aaeriSea
which a repeal of that portion of its system

'd lavolve, if an act of justice is to be tailed

irifice.
_.ie information by the return of the Osage
from Bngland is not more satisfactory than that
from France. Nothing was said oo the subject
of the Chesapeake, nor anything done or prom-
ised as lo Ihe Orders in Couneir. It is probable
that farther accounts from the United States were
wailed for and that the arrival of tte St, Mi-
hael will nave led to a manifestalioo of the real
.'iewa of that Government on those and other
lobjecU. In the meantime, it cannot be doobied
that hopes were cherished there of some events
in this country favorable to the policy of the
ordera, and particDlarly that the offensive lan-
guage Biid praoaediogs of France woold bring
on a hostile reaiitance from the Uoited States;
in wliich oaia the British Qovernment would be

ish Qovernment should not concur in a mutual
abolition Of the orders and of the embargo, it
will result from an unwillingness to set an eiara-
ple which might be followed, aod might, coose-
quently, put an end to the irritating career of het
enemy, on which the calculation is built. Might
not use be made of this view of the loaiter ia
thoae frank and friendly conversations which
sometimes beat admit topics of a delicate nattire,
and ia which pride and prejudice can be beat
maiHMied without descending from the necessary
level 1 la every view, it is evidentljr proper, as
far asTespsei to the Htional honor will allow, to
avoid a style of procedure which might co-ope-
rate wiifa the polioy of the British wvernment,
by stimulating Ihe paasioas of the French.

Paris, My 30,' 1808.

Sir; It would have given me the hiithest plea-
sure to have dmwn from this Government such
explaoBlions on the genersl subject of our dlffer-
eaces with them as would have met the friendly ,
and equitable views of ihe Uoited States; but I
owe It, as well to you as to myself, to declare that
every attenpi for that purpose hitherto made baa
failed, and a»dcr cireumstaoees which by no
meana iadieate any change in their aspect fur the
betur. Wiib very high conaideraiion, I am, &e.
JOHN ARMSTRONa

Jamu Mabmoii, E)^.

.yGoogIc

APPENDIX.

1684

Ael<rtAm« with fVati«.

EsMet— Mr. Amitiaiic ta Uw SuenUrj of Stat*.

Paris, Augiut 7, 1808.

I wrote ■ few linei to you yesietday. Two

we«ki biTe gone by without any new coudemaa-

tioD. My remonstrance* coniioue lo be untn-

P. 8. I eoclose a copy of my note of yesterday
toM. de ChampafDT.

JOHN ARMSTRONG.

pUhani to and anelowd in Mr. ArmtUaag't de-
■jwtdi of Anjiut T, IBM.]
Sztract — Mr. Annitrons lo Mr. Cbampa^j.
PtBie, Augutt 6, 1806.

Mr. ArmilTong preaentt bia oompHmenla lo M.
de ChaiujMKiiy, aod begs leave to ioform bim
that, bafine for Mime moDihs past made trial of
ibeBrtiGcial water* of Rivoli without aoy useful
effect, his pbv'iciaD bai pmcribed for bim iboiw
of Bourbon PArehambaull. Should M.deCham-
paguy have aoy commuaicalion to make to Mr.
Armttroos, he will be pleaied to addreu ihein a*
uiual 10 the Hotel de Ltgition Amiriciiaei Rue
Vaugirard, No. 100, whence they will be regu-
larly and promptly iraoamiited lo Bourbon.

On learing Parii,Mr. Armstrong think* proper
to express his regret* that the political rclatioas
of the two Power* should coniinue to wear an
asperl less auspicious to their future good under-
standing than 1* wished for by those who are the
friend* of both.

That His Majesty bai a right to make such mu-
nicipal regulations as he may deem proper, vilb
regard to foreign commerce, neither i*, fior has
been, deoied : for example, he toay forbid the en-
uv into the ports of France of Amerleati ship*
wbieb have touched in Eogland, or been destined
to England ; and he may either sequesler or con-
Aicate *ucb vessels of ibe United Biate* a* shall
inftaci these laws, after due- promulgation and
notice thereof; but beyond this the United Slates
hope and believe that His Majesty will not go.

M. de Cbampagiiy will not fail tosetEethe dis-
' 1 wbicb these remarks present, between

or does not offer a ground on which the good un-
derstanding, so long and so usefully maintained
between ihe United Slates and France, may be
preterved, and a degree of intercourse between
them renewed, which shall have the effect of re-
animating ihsir former industry.

Doe* His Majesty fear that the balance or
trade, arising from this renewed industry, would
go .to the advantage of England? Mean* are
certainly not wantiogto prevent this consequenoc.
Would It not be entirely avoided by making it •
condition of (be commerce in question, that all
ships leavine France shall take (in lorae article
or article* of their produce or manufacture) the
full amount of the cargoee they bring hithet 1

Ship* sailing under this regiilatioa would or
would not go voluntarily to England. If they
went voluntarily, it would only H becanat that

country afforded the best markets for the prodae-
tiona of France; in which case the habitual re*
suits would be entirely changed, and EDgland,
ceasing to receive a balance for herjuauufactures,
would negin to pay one to the United States on
the productions of France. Could France wish
a state of commerce more prosperous ifaao this t

If, on the other band, the American ships did
not go voluniarilv to England, but were captured
and »ent in for adiudicaiion, it may be fairtv pre-
samedtibat ihe United States could no longer
hesitate about becoming a party to the war against
Enaland,

Thus, in either caie, the interests of UU Ma*

n would be directly advanced by the measure;
e one, the wants of Prance and her colonies
would be not only regularly supplied, but she
would hertelf become an enirepOi for the supply
of the Continent ; in the ether, the wishes of^Hi*
Majesty, as eipretsed in February last, would be
directly promoted.

Mr. Armstrong has the honor of renewing to
M. de Champagny the assurances of his very
high conaide ration.

JOHN ARMSTRONG.

Extract—Hr. Amiatn»K to Mr. MadiMo.
Bqdbbon l'Abcbaii8*iti.t,

Augvtl 88, 1806.
Since my arrival at this place, I have been
honored by the receipt of your despatch of the
91st ultimo, and would immediately return to
Paris to renew my discussions with M. de Cham-
pagny, either personally, as you suggest, or by
writing, had I not tbe moat *olemn conviction
that any new esperimeni, made at the present
moment, in either form, and of official eh araeier,
would ceiiainly be tiselea*, and probably ioju-
rioo*.

JOHN ARMSTRONG.

(Oonfidoillal.)
Extract — General Atn]*lT0ng lo Mr. Madiaoo.
BotJBBOM l'Abcb«mbadlt,

Augutt 30,iac».
We bave aomewbat ovcirated our iDeana of
ooereing the two great belligerents to a conne of
justice. The emurgo i* a measnre calcnlatHl,
above any other, ^o keep u* whole and keep us in
peace ; bai^ beyond tbi\ you must not count opoi
it. - Here it is not felt, and in Eogland (in the
midst uf the more reeeot and interesting event*
of the day) it is forgotten.

I hope that, unlets Prunce shall do as jaiiic<L
we will raise the embargo, and make in its stead
the exneriment of an armed commerce. Should
■he aahere to her wicked and foolish measure*^
we ought not to content oureelve* with doing
this ) there is much, very moeb besides that we
can do, aod we ought not to omit doing all we can,
because it is believed here that we eanuot do
much, and even that we will not do what we
bave tbe power of doing.

JOHH ARMSTRONG.

.yGoogIc

1685

APPENDIX.

Grtal Britain, France, and Spain.

OREAT BRITAIN, PRANCE, AND SPAIN.

[Commnnioteil to Congreu, Dacembei SB, IS08,]
7b tU Senate i^the United Staiei .-

According lo tbe reqaesl of the Ssoale, in their
KtoluliOD of November 14, thai copira (hould be
Imid before them of all the orders and deereei of
the belligereot Powers of Europe, passed since
1791, affecting the commercial rights of the Uai-
led States, I DOW Iracsroti toiliem a report of tbe
Secretary of Slate of such of them M have been
Utainable in the DeparimeDt of Slate, acd are
•apposed to have eatered iota the view* of the
Senate. TH. JEFFERSON.

Deceiibeh.33, 1808.

Department of State, Dee. 21, 1808,
Tbe Secretary of Stale, in pursuance of the
reeolutioQ of the Senate of the 14ih of Norem-
ber, respecifuUr reports lo the President of the
United States copies of such belligerent acU, de-
crees, orders, and procla mat Ions, a* affect neutral
rights of commerce, and as hare been attainable
in the Department of Slate, with the excepiioo,
however, of saodry acts^ particularly blocEades,
of doubtful import or interior importance, which
it was luppoied would have inconTenieniljr ex-
tended the delay and the size of the reporu

JAMES MADISON.

March 25, 1793. Extract from the Russiao
Treaty.

May 25, 1793. Extract from ihe Spanish.

July 14, 1793. Extract from the Prussian.

August 30, 1793. Eiltact from the Austrian.

June 8, 1793. Additional insiructions with re-
spect to corn, meal, &«.

November 6, 1793. DetentioD of neutral Tas-
sels, latJeo with Preach colonial productions, &.c.

January 8, 1794. Revocation of (he last order,
and the eoaclraeat of other regulations.

January 85, 1798. Revocation of the last one,
and the enaclment of new regulalioni.

March 22, 1799. Blockade of all the ports of
Hotland.

November 27, 1799. Snspension of the blockade
of Hollaad.

June 24, 1SD3. Direct trade between neutrals
and the colonies of enemies oot to be interrupted,
unlesn, upon the outward voyage, contraband
•uppliea shall hare been furnished by the neu-
trals.

April 12, 1804. InstrueiioDs concerning block-
ades, comniunicated by Mr, Merry.

April 12, 1804. Conversion of the siege of
Cura9oa into a blockade.

Aiigosi 9, 1804. Blockade of Ficimp, &a.
Augiust 17, 1805. Direct trade witn enemy's
colonies subjected to restrictions, &c.

April 8, 1806. Blockade of the Ems, Weset,
Ac.

May 16, 1806. Blockade from the Elbe to
Brest.

September 26,' 1806. Discontinuance of the lut
blockade in parL

Janoary 7, 1807. latetdiclioo.of the trade, from
port to port, of France.

Juoe 26, 1807. Blockade of the Ems, Sec,

October 16, 1807. Ptoclamation recalling sea-

Novemher 11, 1807. Three Orders in Council.

November 25, 1807. Six Orders io Council.

Janiiary 2. 1808. Blockade of GarihBgeiia,dte.

March 28, 1808. Act of Parliament tor carry-
ing Ordeiis orCouncilinto effect.

April 11, 1806. Order In Couocit permitting
Deutral vessels, wilhout papers, to carry supplies
to the West Indies.

April 14, 1803. Act of Parliament prohibiting
exportation of cotton, wool, &c.

April 14, 1808. Act of Parliament makingTalid
cenain Orders in Council.

May 4, 1808. Blockade of Copenhagen and of
the island of Zealand.

June 23, 180S. Act of Parliament reeulating
trade between the United States and Great
Britain.

October 14, 1608. Admiral Cocbrane's blockade
of French Leeward islands.

itract fram a Convention between Bis Britannic
Majesty and the Empraii of Rusua, ligned at Lon-
don, the :eth of March, 1793.
Art. 3. Their said Majeatiea reciprocallr en-
gage to shut all their poris against French ships;
not to permit the exporiRtion, in any case, from
their said ports for France, of any military or
naval stores, pr corn, grain, salt meat, or other
provisions; and to take all other measures ia
their power for injuring the commerce of France,
and for bringing her, by such means, to just coa-
dftioDS of peace.

Abt. 4. Their Majesties engage to unite all
their efibrls to prevent other Powers, not iiiipli*
cated in this war, from giving, on this occasion of

sequence of their neutrality, t

properly of the French, on the sea, or in the porta

of France.

Extract from a tras^ belwcwn His Britannic Majeitj

snd Che King of Spain, signed at AranJDex,the3fitli

of Ha;, 17»3.

Akt. 4. Their said Majesties engage recipro-
cally to shut their ports against French vessels;
not to permit that ihete shall, in any case, be ex-
ported from their ports for France either warlike
or naval stores, or wheat or other grains, salted
meat, or other provisions : and to lake every other
measure in iheir power lo distress the trade of
France, and reduce her by that mean* to jnst
conditions of peace.

Art. 5. Their said Majesiie* tiso engage, the
present war being generally iuierestiog to erery
civilised Slate, to unite all their efforts in order
to prevent those Powers which do not take part

.yGoogIc

AFPBNDDL

Ormt Britaim. Fr<mee, ttnd Spain.

In the Mid war, from •RarrfTas, In connequenee of
their oeutraliiy, any proieciion, direct or indirect,
on the «eR9 or In the pons of Prance, to the com-
merce and properly of the French.
Eitnet frsm • coriTention between Hia Britannic Mi-
jeatj and the King of Pruwit, liKned at the camp
before Mayence, the Mlh July, 1793.
Aht. 3. The high contracting parties have ■!-
retdy InJten the resoluiion to ahui all their porta
■gainst French aliipt, and not to permit the ex-
potiatiou. in any cajes, from their said ports for
France, of any military or naval storM, »r corn.
|>rai[), salt meat, or other ptofiaions; tbey recifiro-
cally engage to continue ihota measures, and pro-
mise to employ all other means which shall be in
their poner for injuring the conkmerce of France,
tod for hringing her, by such means, lo juat con-
dllioos of peace.

Akt. 1. Their Majeaties engage to unite all
their efforts to prevent, on this occasion of cou-
Bon coacern to er«r]r cUilized State, other Pow-
ers, not implicated in the war, from giving, in
connequence of their neutrality, any pru[ec[ion
whatever, directly or indirectly, to the commerce
or property of the French, on the sea, or in '
porta of Fr^Qce.
Extract frMn ■ conveniioB belwain the Enpenr of
AnMiia and Hb Britannic Majesty, signvd at Lon-
don, the 30th Anguit, 1TS8.
Art. 2. Their aaid Majesties reciprocally en-
gage to shut their porta against French vessels,
not to permit, in any instance, warlike or naval
Blores, corn, grain, salted meat, or other provia.
ions, to be exported from their said ports fbr
France, and to take all other means in their power
to annoy the commerce of France, and thereby
reduce her to just conditions of peace.

Art. 3. Their Majestiea enfiage to unite all
their efforts to prevent other Powers, who shall
not take part in this war, from giving, on this oc-
casion of common interest lo every civilized
Stale, any protection whatever, direct or indirect,
in consequence of iheir neutrality, to the com-
merce ur the properly of ihe Frenca, at sea or in
the pons uf France.

Qboboe R.
Additional initruetiona to the commandera of His Ma-
jesty's ships of war and privateers that have or ma^
have letters of marqae against Fiance. Given it oui
Court at St. Jamea's, the eighth day of Jnae, 1798,
and in Iha tfairty-Aird year of onr reign.
1st. That it shall be lawful to stop and detain
•tl vessels laden Ht)Dtlyor in part witn corn, Hour,
or meal, bound to any port in France, or any port
occupied by the armies of Prance, and lo send
them to such ports aa shall be mo«t convenient,
in order that such corn, meal, or flour, maybe
pttrchased on behalf of His Majeaty's Qovem-
ment, and the ships released after such purchase,
and after a due allowance for freight; or that the
masters of such ships, on giving due seooriiy, lo
be approved by the Court of Admiralty, be per-
mitted tn proceed to dispose of iheir cargoes of
com, meal, or flour, in the ports of ■dj' cottnlry in
unity with HiiMijeaty.

ad. Tttat it akall be lawful for the oomgnmim
of His Majesty's ships of warned privaieeis, that
have or mtj have letters of marque a^inst
France, to seize all ships, whatever be their car-

BKs, that shall be found attempting to eisiet any
ockaded porr, atid to send the same ibr condem-
nation, toiieiher with their cargoea, except the
ships of Denmark and Sweden, which ahall be
prevented from enienng on the first attempt, bnt
on tha second ahall be sent in for eoudemnaiion
likewise.

3d. That in ease His-Uajeaty shall declare anf
^t to be blockaded, the comnanders of Hia Ma-
jesty's ships of Wat and privaleera that hare or
may have letters of marque against France, aro
hereby enjoined, if they meet with ships at sea,
which appMr from their papers to be destined (o
such blockaded port, but to have sailed from the
porta of their respective countries before the dee-
laraiion of the blockade shall hav* arrirad ihere^
to advertise them ifaereof, and to admonish them
to go lo other porta; but they are aot lo molest
them afterward, unless it shall appear that they
have continued their course with mieni to enter
the blockaded port, in which case they shall b*
subject lo capture and ooademnatioo: as shall
likewise all ablpi wheresoever biiad, that s^all
appear to have sailed from their ports, bound e»
any port which His Majesty shall have declared
to be blockaded, afWr such deelaratioa shall have
been known in the country from which they sail-
ed; and all ships which, in the course of the
voyage, shall have received nottca of the blookada
ncr, and yet shall have pursued their

rith ii

i( to ei

:r the si

GasBDi B. — AdditiansI initmctioo to the commaoA.
en of all our ahipa of war and privalcen that haw
or IDS} have letters of mariiuo agiinat Franco. Oiv-
en at our Court St 8l James's, the nxfli day of No-
vember, 1793, £ai in the diirtj-fomth year of en
r«gn.

That they shall slop and detain all ships laden
with goods the produce of any colony belonging
lo France, or carrying provisions or other sup-

Elies for the uae of any such colony, and shall
rin^ the same, with ibelr cargoes, to legal adju-
dication in our Courts of Admiralty.
By His Muesty's commnnd:

H. DONDA3.

Gioasa "R. — InstraeUons to the eomnMiiilen of ow
■hips of wsr and privsleers that have or may hav*
Utters ef narqna against France. Gtvwo al our
Conrt at Bt. James's, Ihe eaghlh daj of JanoaiT,
179*.

Wherea^ by our former instraetioa to ll>« eamt-
inanders of^our ships of war and privateers, dated
the «ih day of November, 1798, we signified that
ihey should stop and detain all ahipt laden with
iroods the produce of any cofooy belonging to
France, or carrying provisions or other aupplias
for the use of any such eoloay, and shoald briag
the same, with iheir oargoes, to leesl adjudieaiioa:
We are pleased to revoke the said initrQciioB. and,
in lieu thereof, we have ihonght fit lo ianc tltase,
our instructions, to be dtily observed by the eona-

.yGoogIc

1689

€haa Britain, /Vsnee, and Spedn.

inaDdbrs of all our KhJM of war and prirateers
that liare or inif bare leltera of marque agaiast
Prance:

1. That ihejt shall bring io, for lawful adjudi-
eaiiMi, all vesiiela, with their cargoes, thai ere
laden Viih soods ibe produee of the French
Weil India Islands, and comitig direotly from
anjr port of the Mid islands to a;Df port in Eu-
rope.

2. That Ihey sba)) brin^ in, for lawful adjudi-
CatioD, all ships, wiib iheir eittgoes, ihat are laden
with goods the produce of ihe said islatfds, the
|iroperiT of which goods shall belong to the sub-
jecis of France, la wbatsoerer porls the satne
maf be bound.

a That thejr shall seize all ahips that shall be
found attempting to eixer any port of the said
islands ihat is or shall be blockaded by ihe arms
of His Majesty or his allies, and shati send them
in, with' their cargoes, for adjudication, according
to the terms of the second article of the former
tDxtrnclioils, bearing date ifae eiirhth dar of June,
1793. -

4. That they sbotild seize all ressels laden
wholly or in part with oaral or military stores,
boand to any port of the sard islands, and shall
send them into some conrenietit port belonging lo
Hii Majesty, in order ihat ibey, together with
their cargoes, be proceeded against, aecordiog to
Ihe rules of naiiona.

OaoBBi H. — InilructionB ta tba coimnandera of our
■hipa of war and priTateen Ihat ham or may hais
letters of marque a^inst France, Spain, or the Uni-
tad ProThins. niven at oar Coart at St. Jamei'a,
the 9Mt day of January, I1M, in the Ihirty-dRhlh
year of oar reicn.

Whereas, by oar fOTiDGi insiruetions to the
eommanders of our ibips of war and priniteers,
dated 8th January, 179^ we signified that they
should bring in, for lawful adjudication, all ves-
sels, with iheir cargoes, ihat were laden with
Bioda Ihe produM of ibe Freuob West India
lands, Bod coming directly from aoy port of the
said islands loany port iii Europe; and likewise
all ships, with ihelr cargoes, that were ladea with
goods tfae produce 0( the said Islands, the property
of which goods shonld belong to the snbjecis of
France, to whalnoerer ports the same might be
bound; and that they should seize all ships that
■Loold be foond atiempiiog to enter any port of
the said tstands ibai -was or should tie blockaded
by Ihe arms of Hit Majesty or bis allies, and
shotild settd Ihem in, with their cargoea, for adjn-
dicaiion ; and, also, all ttmeh laden wholly or in
part with oavti or military stores, boond ID any
port of the said Elands, and should send them
inio some cemenient port belongitig lo Hh Ma-
jesty, in order ihat they, ti^celber with their car-
ffoes, might be proceeded against, according to (be
lawof oations: And whereas, in conaideration of
the present state of the commerce of this eonniry,
as well as that of neutral countries, it it expedi-
ent to reroke the aaid ineiruciions, we are pleased
hereby to revoke the same; and, in lieti thereof,
we have thought Bt to issue iheae our insirtictions,
to be obaerveiTfrom henceforth by thecarnmanders

of all our tbips of war and priraiaers ibat hare
or may bars laliers of marque againal Frafleei
Spain, and tbe [Jniled Prorinces.

1. That ihey shall bring in, for lawful adjudi-
lion, all vessela, with their cargoes, thai ar«
Hen with goods tbe produce of aoy island or

settlement belonging to France, Spain, or tba
United Provinces, and oomiDg directly from aajr
port of the said islands or seltTemeals to any port
--1 Europe, not being a port of this kingdom, nor

port of inal country lo vbich such ships, being

fulrat ships, shall beloDg.

2. That ihey shall bring in, for lawful adjudi-
itioo,all ships, with their cargoes, that are laden
ilh goods the produce of Ihe said islands or set'

llemeots, the property of which goods shall be-
long to subjects of Prance, Spain, or ihe United
Provinces, to whatsoever ports the same may be

3. That the); shall seize all ships thai shall be
found aiiempting to cnier aoy port of the said
islands or settlemeDts that ia or shall be blockaded
by tbe arms of His Majeaty, and shall sand them
'- with their cargoes, lor adjudioation,aecardiag

the term* of the second atticle of the former '
inatruclicios, bearing date the 8ttt day of Jun»
179a

4. That thev shall seize all vessels laden wholly
' ifl pan witn naval or military storey bound to

any port of the said islands or seiilemenis, and
shall send them into tome convenient port be-
longing lo His Majesty, in order ihat Ihey, lo-
gener with (heir eatgoei, may be proceeded
^inst, according to the rules of tha law of
Ltions. fir His Majesty's com^msnd :

PORTLAND.

Lord GraBTille to Mr. King.
DowHiNS STBBTr, March 82, 1799.
The undersigned, Beeretery of Stale of Hia
Britannic Majesty, has received His Majetiy'a
commands (o acquaint Mr. King, Minister Pleni-
potentiary of the United States of America, that
the Ring, jodging it expedieni'to avail himself of
the superiority of his naval forces for the defence
of his dominiotis, hatsigoiBed his commands to
the Lords Commiasioners of the Admiralty lo
cause the most rigoroua blockade to be esiablitb-
ed at Ihe entrVDce of all iha ports of Holland,
which will be maiiMaiDed and enForecd in tba
■iriciast manoer, according to tbe iisaget of war
acknowledgipl and observed in similar cases.

Mr. King ia therefore requested to appriia tba
Aaaerioan Consuls and merehania residing im
BagiaiHl that the aboro-meniioBed ports of the
Uoiied PiDvinee* are, and must be connidered aa
being in rtiaieof blockade, aad that from (hia
timenoueutivlveteelcanbesufferedioeaierihcm,
upon asf consideration, or under any pretence
whatsoever; and that all the measures aatborized
by the law of nations and the teapectiva treatiea
between Hia Majetty and the different neutral
Powers will heneeforih be adopted and eieenis4
with respect lo vessels destined for the said ^ts,
aa absll MtcBopt lo enter ifacn after this ttoiice.

.yGoogIc

APPENDIX

Qrtat Britain, Trance, and SpainL

1892

Lord OicDTille to Mt. Kins.
The undeni^ned, Secrtiary of S«te, ban re-
ceived Hin MajeMjr's command to inform Mr.
King Cbil His Mijeitjr bu judged il expedieai
lo luspend for (be preMDt ibe blorkade of all ifae
por« ro ihe United PrOTincea, whicb wa» estab-
liihed bf His Mijeiiy'a older*,* and wbicb w»
BDDounced to Mr. King b; the underaigaed, ia bU
note dated Marcb S3d laat.

. ORENVILLE.

Additional inatruetieiw bj the Commiuionen Tor ex-
eeatini the office of Lord Higb Admiral oftbe Uni-
ted Kingdom of Oicat Britain and Iielaod, ice.
The right faooorable Lord Pelhaio. oae of Hij
Mftjeily'd principa! Secreutiei of State, having
traaimitled us, ai addilioDal iattruclioo*, under

I iattruclioo*, under
Hit Majesty*! ligDet and sign maaual, dated the
24ih June, 1603, a* followi:

To tho Comuanden of Hi* Uajeaty'a ihipB of war
and pTiTateen.

Id eon ai deration of the preient alate of eoin-
merce, we are pleaaed hereof to direct the com-
tnanden of our ahipa of war and prirateera not
toieizeaoy oeniral tcshI which >hall beearryiog
on trade directly between the eolooief of enemies.
«nd the neutral country, to whicb the Tes^el be-
IdDgs, and laden with the proiterty of iobabitant*
of inch neutral coDDiry : prorided, that saeb neiF'
Iral Teatels »hatl not be •upptyiov, nor ihatl bare,
OD the outward voyage, mpplieatbe enemy with
KDy articles contraband of war, and thill Dot '
trading with any Uockaded port.

Bv His Majeity't coDnnaad:

PELHAU.

We send you herewith a printed copy of
aaid adilitiooal insiruetione for your iororniation
aod guidance, dued 13tb July 1803.

[Signed by the Lords of the Admiralty.]

Mr. Merry to Hi. Madbao.

Wabhinotoh, Aprii 12, 1804.

Mr. TborDlon nothaTJag failed to IraDamit to
Hia Majesty'* QoTtrnaieni aa account of ibc re~
presentation whicb yoa were pleated to ■ddress
to him under dale of the 21i<h October, last ytar,
leipBciiDg the blockade of the islaftda of Mania-
ique and Quadalbupe, it is with great tattsfacti on,
air, that 1 ha*ejiiii received Hit Majniy's eem-
nands, signified lo me by his principal Secretary
of State for Foreign Affairs, under date of the
6tb January la«i. to commuDioate to you the io-
(iructioni whica have, in eonin|DeDce of your
repreaeotation, been tent to Commodore Hood,
•nd to the Judges of ibe Vice Admiralty Coutta
ia the West Indies.

I have, accordingly, the boaor to traniiait to

Em, sir. enclosed, the copy of ■ letter from Bir
van Nepean, Secretary to the Board of Admi- 1

■aaj^osod to ba thosa of Novembar 37, 17B0. I

ralty, to Mr. Hammond, Hit Majesty's Uader
Secretary of State for Foreign A&ira, apecifying
the nature of the iustruclioos whicb liave been
giveo.

Hi* Majesty's Ooveroment doubt not that the
promplitudewhich has been maaifealed.ia redrei*-
lag the grievanee complained of by ibe Gorern-
meot of the Uoiied Stales, will be considered by
the latter aa an additional evidence of His Ma-
jetty's coDstant and sinctie desire lo remove auf

froundofmitunderslanding^bat could have a teo-
engyto interrupt ibe harmony which so hap-
pily suhsitis between this Qoverameat and Lut
of the Uniied States.
1 have the honor to be, &e.

ANTHONY MERRT.

ADHIBAI.TT Office, January 5, 1804.

Sib: Having eomnunicated to the Lordsof
the Admiralty, Lord Hawketbury's letter of the
S2d ultimo, englosiog the copy of a despatch
which bis Lordship has received from Mr. Thoro-
tOD. His Majesty's Charsi d'ASiiires io America,
on the subject of the bfoekade of tha islands of
Martinique and' Quadaioupe, together with the
report of the Advocate General:

Thi^upQD, I have iheir Lordships' commands
to acquaint you, for bis Lordship*)! informaiioii.
that Ibey have sent orders lo Commodore Uooa
not 10 consider any blockadeof those islands as ex-
isilDfl;, unless in reipect of particular ports which
may be actually iaresied, and then not to capture
vessels bound lo tuch ports, unless they shall pre-
viously have been warned not to enter them, and
that they baye also seat the oecetsarj din

ralty Courts in the West

I am, &.C. ETAN NEPEAN.

Obobqs Hammond, Esq.

Hi. Marry tii Mr. M>di«m.

■Wabbihotob, April 12, 1804.
Sib: 1 have ibo honor to acquaint you (bat I
have jutt received a letter frou Bear Admiral
Sir John Dnckwonh, Commaoder-in-Cfaief of
Hit Majesty'* squadron at Jamacia, dated 2d of
last month, in which he desires roe locommQnicate
to the Oovernmeat of the United Slate* that be
has found it espedieat for Hit Majesty'i service
to coDverc the siegt which be lately attempted,
of Canif oa, into a blockade of that island.

I cannot doubt, sir, that this blockade will be
conducted conformably lo the instructioos which,
as I have bad the honor to acquaint foa in
another letter of ibis dale, have been recently
eat on this aubjeci to the Commander-in-Chief
if His Majesty's forces, and lo the Jud^ of the
Vice Admiralty Courts, in the West Indies, should
the smaliness of the Island of Cura^oa still reader
ecessiry any distinction of the iovcstmeat being
}nSned to particular ports.
I have the honor lo be, d«.

ANT. MERRY.
James Madmok, Esq.

.yGoogIc

APPENDIX

Ortat Britain, France, and Spain

16M

Citdilmi from Lord Hurawby to Ihe Miniatars of lbs
metitrml mtioDi ruiding in Loodon, conununicattd
to CoIodbI Monioe.

DowMiNQ Street, Avguwt 9, IBM.
The andersigaed, His Majesly's piiactpal Sfc-
retary of Srite for Foreign ASaira, liaa received
His MBJe8ij''a commaods to acquaint Mr. Monroe,
that ihe King has judged it expedient (for the
protection of his sobjeetj and the aQnojrance ofbis
enemies) to esiablish ibe most rigorous blockade
at the eatrances of the ports of Fecamp, Si. Yal-
lerjr'BUX-Caux, Dieppe, Treporl, the Somme,
Etaples, Boulogoe, CaUis, Gravelines. Dunkirk,
Nieuporl. and Ostend, and to maintaiu and en-
force the same in tbe striclest manner, accordiog
to the usages of war acknowledged io similar
cases, Mr. Monroe is therefore requested to ap-
prize the American Consuls and merchants resid-
ing in Eagland, that tbe entrances of the ^bove-
meatioued ports are, and must be considered as
being in a state of blockade; and that from this
time all the measures authorized by the law of
nations and the respectiie treaties between His
Majesty and the different neutral Pawen, will
be adopted and executed with respect to vessels
attemptiDg to vioUte (he said blockade after this

Geohob R.
To our Courti of Admiraltj, and to the Commanders

of our sbipa of -wtx and pri»Bteer». GiTen at our

Court at Sl Jaxau'i, the ITth d^ of August, 1806,

in tbe 46th jeai of our leign.

We are pleased hereby to direct the comman-
ders of our ships of war and prirateers Dot to
•eixe BDj neutral vessel, which shall be carrying
OQ trade directly from the colonies of the enemy
to Ihe parts of this Kingdom, and laden solely
with the property of inhabitants of the neutral
country to which the ship belongs ; provided
such neutral ship has already cleared out, or shall
clear out, from such colony, prior to the Itt day
of NoTember next, anil t.hafl not have supplied
tbe enemy with any articles contraband of war
on the outward voyage, and shall not have entei-
ed or be coming from any blockaded port. And
in case any neutral vessel, trading as aforesaid,
hath been, or shall be detained or brought before
any of our Courts of Admiralty, it is our will and
pleasure that such ships, logetaei with their cat-
goes, he forthwith liberated.

By His Majesty's command

HAWKESBURY.

Mr. Fob to Mf. Monroe.

Dowt«iNO Stbbbt, AprH 8, 1806.
Tbe undersigued. His Majesty's principal Sec-
tary of State for Foreign ABairs. has received His
Majesty's commands to acquaint Mr. Monroe,
that, in eonsequeoco of His Mnjpsty the King of
Prussia hnviDg taken potsesaion of various paria o(
the Bleclorale of Hanover, and other domisiona

beloDging to His Majesty, in a forcible and hoa-
lile manner; and having also notified, that all
British ships be excluded from the porta of the
Prussian dDiBinions,and from ceTtain otber ports

the north of Europe, and not suffered to enter

trade therewith, in violation of the juit rights

A interests of His Majesty and his dominions,
and contrary to tbe established law and practice
of nations in amiiy witheach other: His Majesty
haajudced it expedient to establish the most rig-
orous brockade at the entrance of the Ems, the
Weser, the Kibe, and the Trave, and to maioUia
and enforce the same in the strictest manner, ac-
cording to tbe usages of war, acknowledged and
allowed in similar cases.

Mr. Monroe is therefore requeiiied to apprize
the American Consuls and merchants residing in
England, 'that the eiiirBnees of the above-men-
tioned rivers are and must be considered as being

a state of blockade; and that from this lime
all the measures authorized by the law of nations,

id the respective treaties between His Majesty
and Ihe different neutral Powers, will be adopted
and executed with respect to vessels attempting
to violate the aaid blockades after this notice.

The undersigned requests Mr. Monroe to ac-
cept the assurance of his high consideration.
C. J. FOX.

Mr. Fox to Mr. MonnM.
DowNiNO Stbeet, May 16, 1B06.

Tbe undersigned; His Majes^'s prioeipal Sec-
retary of Siaie for'Foreign Affairs, has received
HisMBjesiy'scommandstg acquaint Mr. Monroe,
that the King, taking into consideration the new
and exiraordiaaiy means resorted toby the enemy
for the pur|H»eof distressing the commerce of bis
Eubjfcts, has thought St to direct that tfie neces*.
sary measures should be taken for the blockade
of the coast, rivers,ai)d ports, from the river Elbe
tQ tbe port of Brest, both inclusive ; and the said
coast, rivers, and ports are and must be considered
as blockaded ; but that His Majesty is pleased to
declare tiial such blockade shall not extend to pre-
vent neutral ships and vestels, lad^n with goods not
being the properly of His Majesty's cneraiM, and
iwt being contraband ot war, from approaching the
said rivers and ports (save and except iha coast,
rivers, and porta from Oaiend to the river Seine,
already in a state of strictaud rigorous blockade,
and tfnich are to ba coosideied as so continued,)
provided the said ships and vessels to approach-
ing and entering (except as aforesaid) shall not
have been laden at any porthelongiDg to or in the
pOBMssion of any of His Majesty's enemies; and
tbai the said ships and veMcIs so sailing from the
said rivers and ports (except as afore^id) shall
not be destined to any port belonging to or in the
possession of any of His Majesty's enemies, nor
have previously broken the Hockade.

Mr. Monroe is therefore requested loapprize the
American Consuls and metcbanlsresidiagiii Eng-
land, that the eoast, rivers, and ports above men-
tioned, most b« considered as being in a state at
blockatlc, mod that from ihi* time all the meaBurea

.yGoogIc

im

APPKSfDJJ^

1696

Onat Sriiai*, FVanvi, and Spain.

Miiliorixtd by tha law ofBttioAs, •■d itw reaprc'
ti*e iieatiM between His Majesty and tb« differ>
•nt neutral Pciwen, will beadopted ibiI executed
wiih reipeci to reswis Blienptiog to violate tha
iaid blockade afieT this Dolioe.
The ODderaigDad leqaeaia Mr. Monroe, Ac.
C. J. FOX.

Latd Howiek to Mr. Monnw. '

Dowwmo BmrET, Sept. 25, ]8W.
The tioderaigned, Hia MBJesty't priDctpal Sec-
retary ef Slate fbr Foreign Afffttrs, has receired
His MajeKif 's commands lo acquaint Mr. Monroe,
dial ihe Etng hariDg been pleased, on the 16th
of May iast.lo cause it lo be sigDified that be bad
directed the necessary measures to be takeJi for
Ibe blockade of the coast, lirers, and port), from
r Elbe to tbe port of BreM, ' ■ ■ ■ ■

Elbe to the river Ems, both ioclusive, is foi the

E resent discontinued; and that, from tbe dale
ereof. the naripation of the coast, risers, Tfnd
ports, ironi the river Elbe to the river Enii, both
iDclusive, is as free as if such blockade had not
taken place.

The uoderalgned req nests Mr. Monroe Ig accept
HOWICK.

At • Conit at the Queen'i PaJac«, the 7th of Januaiy,
1807: Prannt tha King'a Moat Ezeallent Majei-tj
in Council.

Whcraya the Ft«nch GovemmeDt haa isaacd
sertaio orders, which, in "violation of tbe asagea
of war, pDTpbrl lo prohibit tb« ooiBinerce of all

and whereas the laid GoverDRMni has also taken
upoB itxelf [D declare all His Majesty'* domioioDi
lo be in a iiate of blockade, at the time when the
fleeis of Prance and beratliesareibeiBselveacoa-
fiaed within their own porta by tbe superior valvr
and dtaeiplioe of Ihe British navy ; and whereas
aoeh aiiampta, on tbe part of the enemr, would
five to Hia Hajaaty an aaqMstionhble right of
rataliaiioD, and would watraot His Majesty in
enfbreing the aame prohibition of all eoiameree
with France, which ibat Pomr ninly hopes to
effect against tbe comnMrce of His MajeMty's sab-
ieet*. ■ nrohibiiion which the soperiority of Hm
HajcBiy's naval forces might enable him to sop-
port by Aotually inveariDg the pons and coaata of
ttta enemy with nomerous aquadroDa and croiaers.
an as to make tha eotrance or approach th«r«io
manifestly dangerouai'aDd whereat Hia Majesty,
though unwilling to follow the example of hia an-
•ooics by pvoceeajngio aneitrqmrty aodiaireFsiag
to all notions not engaged in the war,and carrying
on their aeeuatomed trade, yet feels himself bound,
by doe regard to the jnst defence of the righla and
interests of hia people not lo suffer tueh iitensiirc*
lo be taken by Ihe enemy, without taking
atapa OR hia part to restrain this ~''~~ ~ ~

rviort npoa them (he evils of therr Ban injostiee;
His Majeaiy isiberenpot) pleased, by and with the
advice of bis Privy Council, lo order, and ilia
hereby ordered, that no vessels shall be permitted
to trade frojn one port to anulher, boia which
pons shall belong to or be in the possession of
Prance or her allies, or shall be so far under their
eonirol as that British vessels may not trade freeir
ihereai; and tbe commanders of His Majesty^
ships of war and privateers shall be, and are here-
by, instructed to warn every neutral vessel comiag
from any such port, and destined to another
such port, to discoiuinue her voyage, and not to
proceed to any such port; and any vessel, after
oeing so warned, or any vessel coming froin any
such port, after a reasonable lime shall have beea
afforded for receiving informarion of this His Ma-
jesty's order, which shall be found proceeding to
another such port, shall be captured and brougbl
in,and'tose(ber'With her cargoshall be condemned
as la wful prize; and His Majesty's principal Sec-
lelariesof Stale, the Lords Commis.sioners of tbe
Admiralty, and the Judges of the High Court of
Admiralty, and the Courts of Vice Admiralty, are
10 take the necesrary measures herein as to ibem
shall respectively apperiaih.

W. FAWEENER.

EitiaotaralalMt Ann die hongrable David M.Ersk-
ine, Eam^ Eitraordinary uid Minister PlanjjMteD-
tis>7 or Hia Britannic Maje*^, to tha SMri^iy of
8ut« of the Unitad Sutea.

PhiLiAoei.i'bia, Jmu 86, 1807.
I have lb* honor to inform yon ibn His Ab-
jesty has judged it expedieDi to vw-eslaliliab ibe
oiasi ricorous blockade at the aoiiaBoaa of tfa«
rivers Sms, Waser, and Elbe, iaelaaive, in coa-
sequenoe of the present posiuoa of the enemy
upon the Coniineat, whicli enahlea hin lA emB-
mand tha navigation of thoae liveis.

Whereas, it hath been repvesentrf to os, that
great numbers of mariners and seafaring mea, out
natorat'born subjects, have been enticed lo enter
into tbe service of foreign Slates, and are now ac-
tually serving as well on board the ships of war
belonging lo Ihe said foreign Stales, as on board
tbe merchant Vessels belonging to their sabjecls,
Ithsianding our former proclamstion recall-

grvatdisserviceof iheir native country J we have,
therefore, thought it-oecaasary, M the present mo-
meal, when our Kingdom is menaced and endan-
gered, and vrh^a the martlime rights on which ils
power and greainess do mainly depend, ave dis-
puted and called in question, to pubiiKh, by and
with Ibe advice of our Privy CuOBCil, this oor
royal proclamation : Wedo hereby atrictly ebai^
■and- command all maaiera of ahipii, pilots, mari-
ners, sbipwrighta, tod Mher aMfariog maa, bain;

.yGoogIc

I«97

Grtat Britain, F^xmct, and l^paiii.

OUT Datural bora subjecis, who m*y hare been
enticed into the pay or aervice of any foreiga
Slate, or do serve !□ any foreign ship oi vessel,
ihal forthwith they, and every ooe of Ihero, do,
(accordiog to their bouodeii duly and allegiiQce,
and la con side ratio a that their native country
hath need of al[ their services,) withdraw ihent-
selves, and depart from, and quitiuch foreign ser-
vice, and do return hotae to tdeir native country ;
or do enter on board vncb of our ships of war as
they may chance to &I1 in with, either on the
high seas, or in any rivers, waters, liavens, roads,
ports or places whatsoever or wheresoever.

And for the belter execniian of the purpose) of
ibis oar ToyaL proclamation, we do authorize
command all captains, masters, and others, i
manding oar ships and vessels ot wat, to stop an.d
make slay of all and every such person or persons
(being our natural bora subjects) as shall endea-
vor to transport or enter themselves into the ser-
vice of any foreign State, contrary to the intent
and command of ibis our royal proclamalion, and
to seize upon, lake, and briog away all-such per-
sons OS aiDTesai^, who shall be fouitd lo be em-
ployed or serving in any foreign merchant ship
or vessel as aforesaitl ; but we do strictly enjoin
all such captains, masters, and others, [bat they
do permit no man to go on board sDoh ships and
vessels belonging to States at amity with us^ for
the purpose oTso seizing upon, talcing, and bring-
ing away $nch persons aforesaidj for whose dis-
creet and orderly demeanor the said captains can-
not answerj and that they do take especial care
that no unnecessary violence be ever done or of-
fered to the vessel, or to the remainder of ihe crew,
from out of which such persons shall be taken.

And in case of their receiving information of
any such person or persons being employed, or
MrvioB on Doard of any ship of war belonging lo
lucb foreign State at amity with us, we do «u-
iborize and command our captains, masters, and
others commanding our ships of war, to require
of the captaia or commander of such ioreign ship
of war, tnatbedoforthwilh release and discharge,
such person or persons, being our natural born
subject or sohjects ; and if such release and dis-
charge shall be refused, then lo tcansrait informa-
tioa of such refusal lo the com ma nder-io -chief
of the squadron, under whose orders such cafitain
or commander shall be then serving; which in-
ibratB.tion the said commander-in-chief is hereby
strictly directed and enjoined to transmit, with
tbe least possible delay, lo our Miaisier residing
at Ibe seat of Qov ernment of that State to which
the said foreign ship of war shall belong, or to
our Lord High Admiral, or Lords Commissioners
of the Admiralty, for tbe time being, in order ibai
ive, being apprized of such proceeding, may forth-
with direct the necessary steps lo be taken for
obtaiuiag redress from ihe Gbvernment to which
such foreign ship of war shall belong, for the in-
jury done to us bythe unwarranted detention of
our natural born subjecis in the service of a foi-
eigik Slate.

And wheteB^ ii hath been further rejireaenled
unto us, that divers maiiacrs and seafaring ;neD,
10th Coif. SdSxss.— 54

onr natural born subjects, have been induced to
accept letters of naturalization, or certificates of
citizenship, from foreign Stales, and have been
taught to belirve that, by ^sUch letters or certifi-.
ibey are- discharged from that duty of alle-

giance which, as our uaiurai born subjects, they
owe to us ; Now we do hereby warn all such
marinersj seafaring men, and others, our nalutal

born subjects, that no such letters of aaturaliza-
tion, or ceriincate of citizenship, do or can in any
manner divest our natural born subjects of the al-
legiance, or in any degree slier the duly which
they owe to us, their lawful Sovereign. But ia
coDsideration of the error into which such mari-
ners and seafaring men as aforesaid may have
been led, w£ do hereby. publish and declare, out
free pardon to all such, oar subjects, who, repent-
ing of the. delusion under which ibey have acted,
shall iiamedialely, upon knowledge of this out
royal proclamation, withdraw ibeniselves from
foreign service, and return to their allegiance to
us ; and we do declare that all such, our subject*,
who ibsll continue in the serviceof foreign States^.
in disr^ard and contempt of ihii our royal pro-
clamation, willnotonly incur our just displeasure,
but are liable to be proceeded against for such
coDtempl,,aad shall be proceeded against accord-
ingly ; and we do hereby declare, that if any such
masters of ships, pilots, mariners, seamen, ship-
wrights, and other seafaring men, (being our nat-
ural born subjects,) shall be taken in any foreign
service by the Algerioea, or other Barbary Powers,
andcarried into $lavery,ihey shall not be reclaimed
by us as subjecis of Great Britain.

And we do hereby notify that all such, our sub-
jects, as aforesaid, who have voluntarily entered,
or shall enter, or voluntarily continue to serve, oh
board ofany ships of war belongiiig toany foreign
State at enmity with us, are and will be guilty of
high treason ; and we do, by this our royal pro-
clamation, declare that they shall be punished

ith the utmost severity of the law.

Given at our Court at (he Queen's Palace, the .

tteentbday of October, one thousand eight bun-,
dred and seven, and in the forty-seventh year of,
our reign. God save the King.

At (be Conrt at the Qneen's Palace, the llth of No-
vember, 1807: PrsMnt, the Kins's Most Ezcalhnt
Majesty in ConndL

len, establisbi „
, s Brainsi"ihis King-
dom, and aimed especially at the destruction of
its commerce and resources, were, sometime si nct^
issned by the Government of France, by which
" the British islands were declared to be in a state
of blockade," thereby subjecting lo capture and
condemnation all vessels, with their cargoes,
which should continue to trade with His Maje*- .
ly's dominions:

And whereas, by the same order, ''all trading
in English merchandise is prohibited, and every .
article of mercbaodise belonging to England, or
coming from her colonies, ot of her manufaciui^ -.
ii declared lawful prize:''

.yGoogIc

ITOO

Cfrmt Britain, Prautx, ami 3patm.

And wherns th« Datjons ia tlliaoce with
Fnnec, •d<I aaitr her control, w«r« required to
give, and htve gircB, moi da pre, effect to such

AdJ wberp8» Hie Mejesty'i order of the 7lh of
JsDuary lut bet not enswered the desired pur-
poee, either of compelling the enemy to recall
ihoeeorden.oT of induGing neutral nationt to in-
tarfoie, itha flket, to obtain their reeocaiion,
but, on the eontrary, ihe rame hare been recently
eaforced with increased rigor:

And wberetB His Majestf , under these circam-
•taDcea, fieda himself compelled to take further
neasaret for auerting and Tindicaling his Jmt
rifhts, end for supporting thai maritime power
which the exertiooa and valor of bis people have,
nndn thftbleuing of ProTidence, enabled him to
aHabllafa and maintain; and the maintenance of
which is not more essential to the safetf and
IwoBperitr of Hit Majesty's dominions, than it it
to the proteerioa of sueh Siatet at still retain
their independence, and to the general intercourse
Mid hapniness of mankind;

His Majesty is therefore pleased, by and with
the advice of hit Priry Coonci), to order, and it
is hereby ordered, that all the porta and places of
France and her allies, or of anjr other country at
war with His MaJesiT-, and all other ports or
placet in Europe, from which, although not at
war with His Majeiiy, the British flag is ei-
eluded, and all ports or placet in the colonies be-
longing to Hii Majetir's enemiet, thall, from
benceforlh, be subject to the same resirictions in
jwint of trade and DBTJgalion, with the excep-
tions hereinarier mentioned, ss if the tame were
Keluallr blocksded by His Majesty 's n aval forces,
ia the mott strict and rigorous manner: Audit
ia hereby farther ordered and declared, that alt
trade in articles which are of the produce or
manufaclure of the said coonlrieti or eolonie*,
aball be deemed and considered to be unlawful ;
and that every vessel trading from or to the laid
conntrin or colonies, together with all goods and
merchaiHlise on board, and all articles of the pro-
duce or manufactare of the said countries or
colonies, ahall be captured and condemaed ai
prize to the captors.

But, although His Majesty would be fully jut-
lifled, by the circutBEtancat anl cotMideraHona
above recited, in entablishing such ayetam of tf
atrictions with respect to all rhe countries and
eotoniea of hit enetnies. without exception or
quel iSeat ion, yet His Majesty being, neverihe-
lesa, desirous not to subject neutrals To any
greater inconvenience than it abtoluiely intep-
arable from the carrrying into effect His Majes-
ty's juat determination to counteract the designt
of hit enemies, and to retort upoa his enemies
theratelvei the consequences of their own vio-
lence and injustice ; and being j^et willing ro hope
that it may be possible (eoDsisieully with that
object) Mill 10 allow to neutrals the opportunity
of furnishing themselves with colonial produce
for their own consampiion and supply, and even
to leaveopen, for the present, such trade wiih His
Hajeaty'a enemies aa thall be aarriad on directly

with the i»rts of Hit Majesty's daminiooa, or of
hit allies, in the manner hereinafter mentioned :

Hit Majesty ia, therefore, pleased further to
order, and it is hereby ordered, that nothing herein
contained shall extend to lubjeci to capture or
condemnation any veitel, or the cargo of any
vessel, belonging to any country not declared by
this order to oe subjected to the restriciiuns inct-
dent to a atale of blockade, which shall have
cleared out with such eai^ from some port or
place of the country to wbich the belongs, either
in Europe or America, or from some free port in
His Majesty's colonies, under circumstancea in
which Bueh trade, tnm such free porta, is per-
mitted, direct to some port or plaee in the colo-
nies of Hit Majesty's enemies, or- from thoae
colonies direct to the country to which anch ves-
sel belong, or to some free port in His Majesty's
colonies, m sueh eateSj and with such articles, ai
it may be lawful to import into such free purl;
nor to any vessel, or the cargo of any vessel, be-
longing to any country not at war with His
Majesty, which shall have cleared out under such
regulattons as His Majesty may think fit lo pre-
scribe, and shall be proceeding direct from some
port or place in (his Kingdom, or from Grbraliar,
or Malta, or from any port belonging (o His Msj-
eny't allies, to the port specified in her clearance;
nor to any vesael, or the cargo of any vessel, be-
longing to any country not at war wiib His
Majesty, which shall he coming from any port or
place to Europe which in declared by ihit order
to be irubject to the resiTJcliont incident to a slate
of blockade, destined lu some port or place lu Eu-
rope belonging to His Majesty, and which ahsll
ba on her voyage direct thereto', but these ex-
ceptions are not to he understood as exempting
from capture or confiscation any ves^I or goods
which shall be liable thereto in respect of having
entered or departed from any port or place ac-
tual ly blockaded by His Majesty's squadrons or
ships of war, or for being enemy's property, or
for any other caose than the conlraveDtioo of this
pretent order.

And the commaBderi of Hit Majesty's ships
of war and privateers, and other vessels aeiiog
under Hit Majesty's commission, shall br, and
are hereby, instructed to warn every vesael which
shall have commenced her voyage prior to any
notice of this order, and shall be destined to any
port of Prance, or of her alliis, or of aoy other
cooniry at war with Hts Majesty, or to any port
or place from which the British &Bg, as aforesaid,

and which thalT not have
cleared out aa is hereinbefore allowed, lo discon-
tinue h* voyage, and to proceed to some port or
place in this Kingdom, or to Oibraltar or Malta ;
and any Vessel which, after having been so
warned, or after a reasonable time shall have
been afforded for the arrival of information of
this His Majesty's order at any port or place from
which she sailed, or which, after having nonce
of this order, shall be found in (he proaecuiion of
any voyage contrary to the resirictions contained
in Ibia order,shall be captured, nai, togeihcr wilb

.yGoogIc

17(11

AOTENBIX.

ITOi

Gnat ir&ain, fYttnct: and ^miA:

btrt cArgo, condemDed m lawful prize to tbe

And whereas coantriei not eagkgei in (he war
have acqaiesced in these orders ot France, pro-
hibiting all trade ia any articles the pTodaee or
manufacture of His MsJEstf's domrnioas; and
the merchsnis of those countries have gi/eo
coanienance and eSfect to those prohibitions by
accepting from persons, styling themselres com-
itiercial agents of the enemy, resident at neutral
ports, certain docnmenls, termed "certificates of
origin," being ceriifle'ates obtained at the ports of
shipment, declaring that the arliiiles of the cargo
are not of the prodnce or mannfactuie of His
Hajesty's dominions, or to that effect :

And whereas this expedient has been directed
by France, and submitied (o by such inerchaais.
as pail' or the new system oi watfare directeo
against (be trade' of this Kingdom, and as the
most effectual insirUmeat of accomplishing the
same, and it is therefore essemially necessary to

His bfajestr is therefore pleased, by and with
(|ie advice of his Privy Council, to order, and it
is hereby ordered, that if any vessel, after reason-
able lime shall have been afforded for receiTing.
notice of thla His Majesty's order, at the port or
place from which such veiisel shall hare cleared
out, shall be found earryiog any sach certlGcate
or document as aforesaid, or any document refer-
xine to or BUthenticstLog the same, such vessel
ahall be adjudged lawful prize to the caplor, to-
gether with the goods laden therein, belonging to
the person or persons by whom, or on whose he-
half; any such document was put on board.

And the right honorable the Lords Commis-
sioners of His Majesty's Treasury, His Majesty's
principal Secretaries of Siaie, the Lords Com-
missioners of the Admiralty, and ibe Judees of
(he HighCourt of Admiralty anJ Courts of Vice
Admiralty, are to take tha necessary measures
herein as to them shall respectively apperiaio.
W. FAWKBNER.

At Uis Court at tha 4n*e»'a PalaMt tke Uth of Ni>-
vinbw, I80T: FraaaMt, tlw King's lloat GxeaUMl
Mqaaty. in CoonciL

WberMa arttelm of tha growth and mianfac-
tbre of foreign eoliniries cannot by lair be ira-
pbrted into this conftlry, ezcepi io British ahtpa,
or ia MpB belonging la the countries, of wtaiohi
Bueb article* are the growth and maliuraeture,
without an order in Council speciaUy aatbor-
inos tbe same:

Hts Majesty, taking into eonaidetMiod'thearder
of ikit day's dale, respecting the trade to be ear-
thi on to and froni the porta of the enemy, and
deeming it expedient that any vessel belonging
to aqy abuniry in alliance, or at amity with His
Majesty, mar be permitted to import into this
country articiea of the produee or mannfaotnie
of conniries at war with His Majesty ;

His Majasiy, by and with the advice of bis
Prirr Council, it' ihervfore pleased to order, aad
it ia hereby ordered, thatxll goods; warea, or mer-

chandise, spcciSed and included in the schedule
of an act, passed in the forty-third year of his
prefent Majesty's reign, enliiled "An act to re-
peal the duties of customs pnyable in Oreat Brit-
aio, and to grant other duties in lieu thereof,"
may be imported from any port or place belong'
ing to any Stale not at amity with His Majesty,
in ships belonging to any State at amitr wiih His
Majesty, subject to the payment of such duiies,
and liable to such drswnaclis, as are now estab^
lished by law upon the importation of the said,
goods, wares, or merchandise, in ships navigated
according to law; and with respect to such of
the said goods, warea, and merchandise as are
authorized to be warehotued under the provision*
of an act jtatsed in' tbe forty third year of hia
present Majesty's reign, entitled ':An act for per*
mitling certain goods imported into Great Bnt-
ain Io oe secured in narehonaes without payment
of duly," subject lo all the reffuLalions of the said

ported into this country, it is ordered that the
same shall be reported for exportation to any
couDlry in amity oi alliance with His Majesly.

And His Majesty is further pleased, by and with
the advice of his Privy Council, to order, and it ia
hereby ordered, that all vessels which shall ar-
rive at any port of the United Kingdom, or ai ibe
port ofOibraitar or Malta, in consequence of hav-
ing been warned pursuant to the aforesaid order,
or in consequence of receiving infurmalion, in
any other manner, of the said order, :<ubsequent
to their having taken on board any part of their
cargoes, whether previous or subsequent to their
sailing, shall be permitted to report their cargoes
for exportation, and shall be nilowed to proceed
upon their voyages to their origioal ports of dea*
linalion, (if not unlawful before the insuing of
the said order,) or to any port at amity with Hi*
Miiiesty, upon receiving a ceriiKcate from the
collector or eomptroller of the customs at the port
at which ihey shall' so enter, (which certiGcala
the said collectors and comptrollers of the cub>
loms are hereby authorized and required togive,)
setting forth that such vessels came into sUcfa
port in consequence of haing so warned, or of re-
ceiving such information as aforesaid, and that
they wer« perming to anil from such port under
the regulations which Hio Majesty has been
pleased to establish in respect to such vessels;,
hut in case aoy vessel no arriving shall prefeV'ttf'-
import her cargo, then such vrsUl shall be al-
lowed to enter and import the ^itBle, npon such
ttirms and' conditions as the said cargo tn-ight
have been imported upon, according to law, ia'
cam the said vessel had sai^Ml after having re-
ceived notice of tl>e said order, and in conformity
therein.

And it is further ordered, that alt tt^urU whieh
shall arrive at any purt of the United K ngdom,
or at Oibraltar, or Malta, in eDrirormiiy and ub*>
dienee to ihe said order, xhall be allowed, in re-
spect to all articiea whir h m^y be on bonrd ihe
same; nreepi stlgar, eoSee, wine, brandy, anuf^
aod lotecco, [» dear (M to any port wiMtever, to

.yGoogIc

ITOS

APPBHDE.

Qnat Britain, JVonee, and ^pai».

be specified in aach cleiranee ; atid, with reipeet
(o the laai meolioaed articles, to export the «ame
to such porit,and under such coDditioat and reg'
nUtioni only, as His Majesty, by any liceoie to
te criDted for tbat purpose, msy direct.

And Ihe right honorable the Lords Coinmis-
•ioners of His Majesty's Treasury, His Majesty's
principal Secretaries of State, the Lordk Com-
misslonert of the Admiralty, aod the Judges of
the Higb Courls of Admiralty and Courts of
Vice Admiralty, are to take the necessary meas-
ures herein as to them shall respeciirely ap-
peruin. W. FAWKENBR.

AttUConrtatlheQnaeu'sPalaM, Ihs 11th of No-

lember, 1807: PrMsnt, tha Kinf's Most Eicallent

Majesty in CoimeiL

Whereas the sale of ships by a bellicereni to a
neutral is considered by France to be illegal :

And whereas a great part of the shipping of
Prance and her allies has htta protected from
capture during the present hostilities by trimafers,
or pretended traoafers, ip neutrals;

And whereas it is fully justifiable to adopt the
aame rule, in ibis respect, towards the enemy,
which it ajiplied by the enemy to this country:

Hia Majesty is pleased, by and with the adriee
of bis Privy Council, to order, and it is hereby
ordered, thai, in future, the sale to a neutral of
any Tessel belonging to His Majesty's enemies
■hall not be deemed to be legal, nor in any man-
ner to transfer the oroperiy, nor to alter the char-
acter of such ressel ; and all vesiels now belong-
ing, or which shall hereafter belong, to any enemy
otHis Majesty, notwithstanding any sale, or pre-
tended sale, to a neutral, after a reasonable lime
•hall have elapsed for receiring informatioa of
this His Majesty's order at the place where such
aalc, or pretended sale, was efleeted, shall be cap-
lured and brought in, and shall be adjudged as
tawftil prize to the capiori.

And the right honorable the Lords Coramti-
aioners of His Majesty's Treasury. Hia Majesty's
principal Secretaries of State, the Lords Commis-
sioners of the AdmirBlif, and the Judges of tbe
High Court of Admiralty and Courts of Vice
Admiralty, are Iq lake the necessary measures

At the Court at the Qumu'i Palaca, the Sfitfa of No'
vembsr, 1B07: Frasent, the King's Moat EicallMit
Majesty in Council.

WliereBa it has been represented that it woold
ba ezpedient to fix certain periods, at which it
•ball be deemed that a rcasonablt; time ahall bare
elapsed for receiving ioformatjon, at different
places, of His Majeaiy's order in Council of the
lltb of November iDitaol, respecting the trade
with His Majesty's enemies, ana in their ptodoee
and manufactures: HiaMajeaiy takiag the same
JDto consideration, and being desjfoua to obviate
any difficulties that may arise ia respect thereto,
and also to allow am{de time for the aaid order
being known to all panaos «lio awy be aStcied

thereby, is pleated, by and with the advice of hi*
Privv Council, to order and declare, and it is
hereby ordered and declared, that information of
the said order of the llih of November inaiant
shall be taken, and held to have been received in
the places hereinafter meaiioned. at ibe periods
reapectively assigned to them, namely:

Ports and placea within the Baltic ; December
21, 1B07.

Other ports and placea to the northward of Am-
sterdam ; December II, 1B07.

From Amsterdam loUthaal;Decemberi,180T.

From Ushaot to Cape Finislerre; December,

8. 1807.

From Cape Finisterre to Oibraltar, iticlaurei
December 13. 1807.

Madeira) December 13, 1807.

Ports and places within the Straits of Gibral-
tar to Sicily, and Malta, and the west coast of
Italy inclusive ; January 1, 1808.

All other ports and places in the Mediienane-
an beyond 'Sicily and Malta; January-SO, 1808.

Ports and places beyond tbe Dardanelles ; Feb-
ruary 1, 1608.

Any part of tbe north and western coast of
Africa, or the islands adjaeent, except Madeira ;
January 11, 1808.

The United States, and BrilUb posseasioiu in
North America and the West Indies; Jaonarf
20,1808.

Cape of Oood Hope, and east coast of Sontb
America; March 1, 1808.

India; May 1; 1808.

China, and tbe coast of South America ; Jone

1. 1808.

And every vessel sailing on or after those days,
from those places, respectively, shall be deemed
and jaken to have received notice of the afore-
aaid order; and it is further ordered, that, if any
vessel shall sail within twenty days after the pe-
riods above assigned, respectively, from any of
tbe said places, in contravention of the aaid order
•f tbe 11th of November instant, and shall be
detained as prize on aecouut thereof, or shall ar-
rive at any port in this Kingdom, destined to
some port or vlaee within the restriction of the
said order, atia proof shall be made to tlie tafia-
faction of the Coort of Admiraity, in which such
vessel shall be nroeeeded against, in case tbe same
shall be broOgnt in as prize, that the loading of
the teid vessel had conmeneed before tbe said
periods, and before infarmatioa of tbe aaid order
had actnaUy been received ait the port of ship-
ment, the said vessel, together with the gt»ods so
laden, shall be restored to the owner or owners
thereof, and shall be permitted to proceed on ker
« in SDch manner at if aach vetad had
before the dav ao apeciSed aa afoietaid ; and
It IS further ordered, that no pa'oof ahall be admit-
ted. or be gone into, for the purpose of shovriog
that information of the said order of the 11th c?
November inslani had not been received at (be
said placea, respectively, at the several periods
before assigned ; and the right hoDorable the
Lorda Commissiooers of His Majeaty's Treasury,
His Majesty's priticipal Beerttariee of State, the

Sffij

jjGoogle

1706

APPENDIX.

Great Britain, France, and Spain.

1T06

Lords CommlsitoDers of the Admiralijr, and ilie
Judges of Ihe Higb Court of Admiralty, and
Courts of Vice Admiraltf, are lo take the neces-
'Sary measure* hereio as lo them shall respectively
appertain. , W.FAWKENER.

At Um Gonrt Kt the Qocmi'i PiJaca, the Stth of No-
T«mber, 1807 : Preient, tha King's MoM EiecllaBt
MKJaslj in Conadl.

Whereas His Majesty, by his Order in Gounci),
dated lllh November instant, respecting the trade
to be carried on vitb His Majesty's enemies, was
pleased to eretnpt from the restrictions of the
said order, all Tessels which shall hare cleared
out from any port or plact in this Kingdom, tinder
such regulations as His Majesty may think fit to
prescribe, and shall be proceeding direct to the
ports speciBed in the respeciiTe clearances; His
Majesty, taking into consideration the expediency
of making such regulations, is pleased, by and
with the advice of his Privy Council, to order,
and it is faereby ordered, that all vessels, belong-
ing to countries not at wai with His Majesty,
abail be permitted to lade in any port of the Uni-
ted Kingdom any goods being the produce or
manufacture of His Majesty's dominions, or East
India eoods, or prize goods, (all silch goods being
lawfully imported,) and to clear out with, and
freely to convey the same, toany port or place In
mny colony id the West Indies or America, be-
longing 10 His Majesty's enemies, such port or
flace not being in a slate of actual blockade, aub-
ect to the psyment of sach duties as may at Ihe
lime when any sncb vessels ma^ be cleared out
be due bf law on the exportation of an^ such

Soods, or in respect of (he same being desiined to
le pott* of the colonies belonging to His Majes-
ty's enemies, and likewise to kde, clear out with,
and convey, as aforesaid, any articles of foreign

__.s Majesty's license shall have been previously
obtained for so conTeyin§[ such foreign produce
or manufactures: audit is further ordered, that
any vessel, belonging as aforesaid, shall be per-
mitted to lad? in any port of the United Kingdom
any goods, not being naval or military stores,
which shall be of the growth, prodoee, or manu-
faclure of this Kingdom, or which shall have
been lawfully imported, (save and except foreign
sugar, coffee, wine, brandr, sduS^ and cotton,)
and to clear oni with, and freely to convey ibe
same tO'any port, to be specified In tbe clearance,
not being in a state of actual blockade, although
iha same shall be under Ihe resirieiioas of the
■aid order; aud likewise to lade, clear out, and
CoQver foreign sngar, cofiee, wine, brandy, snu
and cotton, whtch shall have been lawfully iv
ported, provided His Majesty's license shallha'
Men previously obtained for the exportation ai
conveyance thereof: and it is hereby further order-
-«d, that no vessel shall be permitted to clear out
from any port or place <□ this Kin^om lo any
port or place of any country subjected to tbc
-mtrifllioiu of the uid order, with any gnodi

which shall have been laden fafter notice of the
said order) on board the vessel which shall hare
imported the same into this Kingdom, without
having first duly entered and landed the same in
some port or place in this Kingdom; and that no
vessel shall be permitted to clearouifrom any port
place in this Kingdom, to any pott or place
latever, with any goods the produce or njana-
ture of any country subject to the restrictions
of the said order, which snail have been laden
notice, as aforesaid, on board the ve.ssel im-
porting the same, without having so duly entered
and landed the same; or any goods whatever
which shall have been laden after such notice io
the vchsel importing the same, tn any port or
place of any country subjected to the restriction*
of the said order, without having so duly entered
and landed the same in some port or place in this
Kingdom, except the cargo snail consist wholly
of floqj', meal, grain, or any article or articles the
produce of tbe soil of some country which is not
ubjecled to the restrictions of the said order, ex*
:ept cotton, and which shall have been imported
n an unmanufactured stale direct from such
CDUDiry into this Kingdom, in a vessel belonging
to the country from which such goods have been
brought, and m which the same were grown and
produced.

And it is further ordered, that any vessel be-
longing to any country not at war with His
Majesty may clear oat from Guernsey, Jersey,
or Man, to any port or place under the reatrictions
of the said otder, which shall be specified in the
clearance, not being in a state of actual blockade,
with 9ucharticlesonly,not being naval or military
iresj as shall have been legally imported into
ch islands respectively from any port or place
this Kingdom direct; and with respect to all
eh articles as may have been imported into
the said islands, respectively, from any port at
place under the restrictions of tbe said order. It
ihatl not be permitted to any vessel to clear out
ivith the same from any of the said islands, ex-
cept to some port or place in this Kingdom; and
the right honorable toe Lords Commissioners of
His Majesty's Treasury, His -Majesty's principal
Secretaries orState,the Lords Commissioners of
the Admiralty, and Ihe Judges of the High Court
of Admiralty and Courts of Vice Admiralty, are
to take Ibe necessary measures herein as to them
shall respectively appertain.

W. FAWKENER.

At the Gonrt at the (Juaen's FaUi:« the S6th of No-
vcmbar, 1607: Present, the King's Host EzosUeal
M^jaity in Council.

Whereaa His Majesty, by his Order in Coun-
cil, dated the Utb of November iniiani, respect-
ing the trade lo be carried on wiih His Majesty's
enemies, was pleased to exempt from the restric-
tions of the said order all vessels belonging to
any country not at war with His Majesty, lo-
f^ether with their cargo, which shall be coming
trom any port or place id Europe which is de>
elarcd in tne nid order to be aabjeet to the ra-

.yGooglc

nvt

■ APPBarorx.

Oreat Britain, J^anee, atti Bpaim.

170S

stiiciioDB JDcidrnt to ■ fiBle of blockade, dir^t
to mjot putt or place id Europe belonging to Hi
Msjrsiy ; and, also, alt veMrlt which aball be
cleared oui from Qibrnliar or Malta, under such
Rguliiioni u His Majesty may iliink Gc to pre-
acribe, and which aliall be proceeding direct to the
porta npecified in their resjiective cleBrancei:

And whereas it ii einedient lo eucourage the
trade from Gibraltar and Malta to couoiries un-
der tbe restriciiou of ihe said order, subject ic
rHulalionv to be made in respect thereto; Hi:
Msjesty is therefore pleaned to prescribe the fol-
lowing regulations in regard to such trade arcord-
ingiy, snd by aod with tbe adficeofhis Privy
Council, to order, and it i* hereby ordered, that all
>0(U of flour and meal, and all sorts of grain, to-
bacco, and any other article in an unmaoufnc-
lured itate, being tbe growth and produce of any
country not being subjected by the laid order to
the restrictions incideui to a slate of blockade,
Hcrpt cottoti, and naral and military 'stores,
Whicn shall have been imported into Gibraltar or
Malta direct from tbe couotrv where the same
were grown and produced, shall, without aoy
licenie, be permitted to be cleared out to any port
flr place aoi being in a state of actual blockade,
without tbe same being compelled tobelandeij;
but neither the said article of cotton, however
imported, nor any article which it not the srowlh,
produce, or manufacture of this Kinftdooi, or
which has not been imported in a British iihip, or
from ihi9KingdoiDdirect,Cezceptflsfa,}RDd which
•hall have been laden at the part of original ship-
ment after the period directed by an order of this
date to betaken as the time at which notice of
the said order of the 11th of November shall be
eooiidered as having been received at such port
of shipment, shall be permitted to be exported
from Gibraltar or Malta, except to some port or
place in this Kingdom ; and all other articles of
tbe growth, produce, and manufacture of this
Kingdom, or which shall have been imported into
Gibraltar or Malta in a British thip, or from some
port or place in this Kingdom, together wit^ the
Article of fish, however imported, may be exported
lo anynortsor places in the Meiliierraoean, or
Portugal, under such license only ax is hereinafter
directed to he granted by the Qoveraor of Gibixl-
lar and Malta respectively.

And it is hereby further ordered, that licensea
be granted by the Ooveroors, Lieuieoant Gov-
etnurs, or other perfoos having tha chief civil
command at Gibraltar oral Muta, respectively,
bat in Hii Majesty's name, lo such pcnoD or per-
•MM aa ibe mk] Oorernora, Lieateeani Oovero-
•fa, or penteubaTingthechiaf civil <ommBDd,shall
think til, allowing inch persDoorparsoos to export
from Gibraltar direct (o any port la iba Mediier-
raneaojor to any port of Poriugal, ur to any port
of Spain without the Mediterranean, not further
north than Cape FiAialetre, and from Malta di-
rect to any port being within the Mediterranean,
with any anicle of the produce or ipanufacture
of His Majesty's dominions, and any articLa which
aball have been imported into Qibraliar or Malta
from ^ia Kiligilom, to wbomMevw aiieh ^rticUa |

shall appear to belong, (not being naval or mili-
tary stores,} in any vessel belonging lo any coon-
try not at war with His Majesty, or io any ttsad.
not exceeding ooe hundred tons burden, and being
unarmed, belonging to the country to which sueb
vessel shall be cleared out and going ; and miso lo
import in any such yesael or vefsels, aiaforeuidr
from any poet wiibin (be McditcrraiMiti, to Gib-
raltar or Malta, or from any port in Poitaigal or
Spain, as aforesaid, (o Qibraltar; anefa pmt and
such deaiioatioo laspactively to be apeciiied in
such licenaa; any articles of merchandiae «hatia>
ever, and lo whoaisoCTer the aame may appear to
belong ; such articles to be specified in liie bill of
lading of such vessel, subject, however, to socli
further regulations and rest'icliona, witn respect
to all or any of the said articles so to be imported
or exported, as may be inserted in the said licenset
by tbe Governors, Lieutenant Governors, or oibei
persons having the chief civil comouuitl at Gibral-
tar ui Malta, for the time being, reapectiTelr, m
to them shall from tiiM to lime aeam fit and ex-
pedient.

And it is ftuther oriJered, that in every aucb
license shall be inserted the oamet and reaidenee
of theperaonorperaousionrbam itihall begianicd,
the article^ and their nnantitica permitted to b*
exported, the name and description of the Te»ei,
and of tb« master thereof, the port to. which thm
vessel ahall be allowed to jio, which nhall besom*
port not uiKler actual btookadei and tbu no
license so to be granted ah^Il continue in force foi
longer than two moolba from its date, nor foi
mure than one voyage ; nor any KUch license ba
granted, or acknowledged lo be valid if grantee^
lo permit tiie clearance of «ny vessel to «nr port
which shall be actually blockaded by any natal
fotne of His Majesty or of his alliea.

And it ia further ordered, that tbe cemmaDdera
of His Majesty's ships of war and privaiaera, and
all others wbomitmay concern, shall suffer every
such vessel sailing conformably to the permisaioa
given by this order, or having aay licaaaeasafarc
wid, to pass and repass direct between Gibraltar
- Malta, and aueh port as shall be specified in the

enHe, io such manner, and under suab tarra^
regulations, and teurictions, as shall be expreiwd
therein-

And it is further ordered, that, in caaea&y re*-

I so tailing as aforesaid, for which any weli li-
censes aa aforesaid shall have been granted, and
which shall be proceeding direct upon her said
voya^, shall be deuined and brought in for legal
adjudication, such vessel, with her cargo, aball ba
forthwith released by the Gouri of Admiralty or
Vice Admiraityin which prooeedingahaUbecom-
tocnced, upon proof being made ihat the p«rties
had duly conformed to the leima, reg ulationc,aiKt
'eiitnetions of the said license j the proof of anch
ionlormity to lie upon the pecton «f peraotw
iUimJog the benefit of this order, or nbuining or
isingsuch license, or claiioingthe btot&i ifaereoT.

And it is hereby further ordered, thai no r«ss^
belonaloglo ai^y Slate on tbe coaatof Qarbary
(ball be prevented from sailing with any ariielM
of tba growib Pf produce of jueh SMle^bpn wf

.yGoogIc

ITM

AFFENBIX

ffreat Britain, Fmnee, and Spain.

ino

port or piMe in such Siaie. to aajr pan or pliee
in ibe Med i terra nnQ or Poriugal, cuch port or
place DDi b«ing aciuallv blockaded by some dbtbI
force beloDging lo Hii Majesiy or his allipB,
wiihou; being obliged to toucb at Oibraliaror
Ualia.

And the rixht booorabte the Lords Coiomts-
•ionem of HU'Mijesiy'N Trrasiiry, His Majesty's
priacipal Secretaries of State, the Lords Comniw-
sioDiTii of the Attntrralty, and Lhe Judgea of ihs
High Court uf Admiralty and Couits of Vice Ad-:
mira]iy,are to ukeihe neoesaary roeasnTctt herein
*■ 10 tnata sball tctpectively appetiain.

W. FAWKENER.

At iba Conn at the Queen'i Palioe, the Sfith of No>

vember, 1807: fraient, tlia King's MortEaooUant

Maijwt; in CoanciL

Whereaa His Majesty, by his Order id Coud-
oil of the Uth of November instant, was pleated to
order Bod declare that all trade iq articles which
■re of the produce or mannfaoiure of the conn-
triea and eoluntcs mentioned in the said order,
■ball be deemed and eouEiilered to be vniawful,
(except as is therein excepted;') Hu Majesty, by
and with the advice of his Pnvy_ Council, it
pleaaed lo order and declare, and it ii hereby
ordered and declnrod, that nothing in the said
Older confined shall extend lo subject to oaplQre
•ad confiacalion any BTticIrs of lhe prodnce and
tnanofacture of lite said countries and colonies
laden on board British sbips, which would not
b**e been subject to capture and confiscation if
aach order had not been made.

And the right honorKble the Lords Comrois-
•ionersof His Majesty's Treasary, His Majesty'i
principal Seoretariei of State, the Lords Com-
missioDers of the Admiralty, and the Judges of
the High Court of Admiralty and Conrtsof Vice
AdmitaUy, are to take the necessary measnres
herein as to them shall respeetirely appertain.
W. FAWKENER.

At the Court at the Queen's Palace, the S5th of No-
vamber, 180T; Preaent,. the King's Most Excel-
lent Msjeity in Council.

His Majesty, lakitig Into consideration the sir-
cutnstaucee under which PrusMa and Lubeck
have been compelled to shut their ports against
Brilisli ships and goods, is pleased, byanJtvitb
(lie advice of his Privy Council, lo order, and it
13 hereby ordered, that all ships and goads beloog-
ing to Prussia which may have been seized suB-
aequently to His Majesty's order of the nineleeoih
of November, one thousand eight hundred and
six, and are now detained in the ports of this
Kingdom or elsewhere, and all ships and goods
belonging to inhabitants of Lubeck, which are so
detained, shall be restored upon being pronounced
by the High Coutt of Admiralty, or aoy Court
ot Vice Admiralty in which they have been, or
may he, proceeded ngainst, to belong lo subjects
and inbabiianis of Prtissia or Liubeck, ana not
otherwise liable to confiscation} and that such

ships and goods shall be permitted to proceed to
any neutral nort, or to the port to wliich they re-
spectively belong: and it is further ordered,, ikat
the ships and goods belonging lo Prussia or LU'
beck shall not, until further orders, be liable to
detention, provided such ships and goad^i shall be
trading lo and from any port of this Kingdom, or
between neutral port and neutral nort, or from
any port of His Majesly's allies, snd proceeding
direct to the port specified in iheir respective
clearances.

And the right honorable the Lords Commia.
sinners of His Majesly's Treasury, His Majesty's
principal Secretaries of State, the Lords Com-
missioners of the Admiralty, and the Judges of
the High Court of Admiralty and Courts of Vice
Admiralty, ere to take the necessary measures
herein as to them sfaatl respectively appertain.
W. FAWKENER.

At the Gogrt at the (Jneeu's Palace, the 3fith of No-
vember, 1807; Preaent, the King's Most Exetl-
Isnt Majesty in Council.

His Majesty, taking into consideration the cir-
cumslaoces under which Portugal has been com-
pelled to shul her ports against the ships and
goods of His Majesty's subjects, is pleased, by
andwitb the advice ofhia Privy Council, to order,
Snd it is hereby ordered, that all ships and goods
beloncing to Portugal, which have been and are
now detained in the pons of this Kingdom or
elsewhere, shall be restored, upon being pro-
nounced by the Hiffh Court of Admiralty, or by
the Court of Vice Admiraliv, in which proceed-
ings may have been or shall be commenced, to
belong to subjects nod inhabitants of Poriagal,
and not otherwise liable lu confiscation ; and that
the said ships and goods shall be permitted to
proceed to any neutral port, or lo Portugal: and
It is further ordered, thai the ships and goods be-
longing to Portugal sliall not, until further or-
ders, be liable lo aelention ; provided such ships
and ffoods shall be trading to or from any port of
this Kingdom, or to nnd from Gibraltar or Mafia,
snd proceeding direct lo the port speciSed in their
clearance, or oetwecn neutral port and neutral
port, or between Portugal and the ports of her
own colonies, or from any port of His Majesty's
allies, and proceeding direct to the ports specified
iu their respective clearances; provided such
ports shall nol be at the time in a slate of actnal
blockade : and it Ih further ordered, that the ship*
of Portugal shall not be considered as entitled,
under any treaty between His Majesty and Por-
tugal, 10 protect aoy jgoods laden therein which
may be otherwise subject to confiscation.

And the right honorable the Lordt Commis-
sioners of His Majesty's Treasury, His Majesty^
principal Secretaries of State, the Lords Coni-
missroners of the Admiralty, and the Judges tif
the High Court uf Admiralty and Courts of Vice
Admiralty, are to take the necessary mrtsum
herein as tn them shall respectively appertain.
W. FAWKENER.

.yGoogIc

APPENDIX.

QmXt Britaiit, Prance, and Spain.

Cmular.
FoitEioN Office, January 8, 1608.

The undenigned, His MaJFiif'i pHccipal Sec-
lettTV of Stile for Foreign Anairs, his received
His Majesty's commandi to acquaint Mr. Piok-
1]ey thai Hii MajeEty has judged it expedieol to
establish the moii ngoroua blockade at the en-
trances of the pDiti of CarthBgi?iia. Cadiz, arrd
Bi. Lucar, and of all the intermediaie porls, situ-
ated and lying between the pons of Carthageoa
and St. Lucar. Mr. Piakney is, therefore, re-
quested to apprize the American Consuls and
Tnerchsnis residicg in England, that the entraDcea
sf all the pons aDove-nientiooed are, and tnust
be considered ax being in a siaie of blockade ;
and that, from ihia time, all the measaret author-
ized by the law of nations, and the respective
tieaties between His Majestjr and (he different
Powers, will be adopted and executed with re-
aped ti^ ressels atiemptiog to riolaie the laid
blockade after this notice.

GEORGE CANKING.

WlLLiaU PlItKtIET, Esq., &c.

Amui Quadragetimo Oclme GtergU III, RegU.
Cap. XXVI.
An Act fin gnnting to His Majesty, until the end of
the next seHion of Parliament, duties orcniliiin*
the goods, wans, and merebandiM theicin cnun
rated, in furthannoe of the proiiiiona of certain Or-
der! in CooDcil,— March S8, 1808.
Host gbaciocs Sovereion:

Whereas measures which hare been taken by
Powers at war with your Majesty, prohibiting, in
violation of the law of nalions, ail ioiercourae
with this Kingdom, and all trade in
of its growth or manufacture, have rendered it
necessary for your Majesiy to issue Orders- in
Conucii to counteract the disadTantsges which
were thereby imposed upon the trade of your
Majesty's subjects, and to retaliate upon the ene-
my the evils which he iotetded to iaflicc upon
this Kingdom; and whereas it is expedient and
seceuary, io order effectually to accomplish the
object of such orders, that duties of customs
ahould be granted upon certain goods exported
from Great firitain : we, your Majesty'

humbly beseech your Majesty ihat.it may be
Mac ted :

And be it auUled by the Xing'* Moat Excel-
lenl Majuty, by and viilh the advice and content
qfthe Lords rpirilual and temporal, and Com-
tnona, t'n thi* preeent Parliament oMembled, and
by the authority of the »ame, That, from and after
the passing of ibis actj there shall be raised, ler-
ied, collected, and paid, unto His Majesty, hU
heirs, and successors, upon all goods, wares, and
(oerchandiie, enumerated, or described in the ta-
bles A, B, and C, annexed to this act, exported
from Great Britain, the several duties of customs,
ms the same are respeclirelv deecribed and set
ibrth in figures in the laid tables.

And be itjvrther enacted, That the daiiaa

granted and imposed by this act, and made pay»-
ole according to the weight, lak, gauge, meaautc,
IT value of any goods, war*:!, or merchandise
iharged with such duties, shall be charged and
payable upon any greater or less weight, oinnher,
quantity, or value thereof than the weight, uom-
ber, qnantiiy, or valnej particularly insfrted, de-
scribed, and set forth ID the tables herennto an-
nexed, marked A, B, and C, in proportion to the
actual weight, number, quantity, or value of anch
'a, wares, or merehaadise.
id be it further enacted, That where any
goods, wares, and merchandise, which are allowed
to be, or shall have been, warehoused or other-
wife secured at the time of the importation there-
of, without payment of the duties due thereon,
shall be taken out, or entered inwards for bone
consumpLioa, and the duties of customa and ex-
cise then due thereon shall have been paid, and
the same ahall afterwards be entered for cxporia-
tion ; then, and in every such ease, the duties of
customs by this ael impoied shall be paid on the
exportation of the said goods, wares, and mer-
ehandise, notwithstanding the payment of any
drawbacks to whieh the exporter thereof nay, In
(uch case, under anv law or laws then in force,
be entitled.

And ffhereaa, by an Order ia Council, dated
the tweniy-Bnh of November, one thoasand eight
hundred and seven, it was ordered and deefared
that information of a certain other Order in Cona-
cil, of the eleventh of November, one Ibomand
eighl hundred and seven, sboald b« taken and
held to have been received in the places herein-
after mentioned, at the periods respectively as-
signed lo ihem, namely: poru and j^ee* within .
the Baltic, on the twenty -first .of December, one
thousand eight hundred and seven ; other porta
and places to the northward of Amsterdamj tw
the eleventh of December, one thousand eight
hundred and seven ; from Amsierdaai to Us hant,
on the fourth of December, one tbomand eight
biindred and seven ; from Usbant to Cape Finis-
terre, on the eighth of December, one thousand
eight hundred and seven; from Cape Finisurre
to Oibraliar, inclusive, on the ihirtieih of Decem-
ber, one thousand eight hundred ani] seven; Ma-
deira, the thirteenth of December, boe thoasand
eight hundred and seven; ports and places within
the Straits of Gibraltar lo Sicily and Malta, and
the west coasts of Italy, Inclusive, on the 1st of
January, one thousand eight hundred and eight;
all other ports and places in the Mediterranean
beyond Sicily .and Malta, on the twentieth of
January, one thousand eight hundred and eight;

forts and places beyond the Dardanelles, on the
rst of February, one thousand eight hundred
and eight; any part of the north and westera
coast of Africa, or the islands adjacent, except
Madeira, on the eleventh of January, one thou-
sand eight hundred and eight; the Uoiied States
and Briiish possessions in North America and
the West Indies on the twentieth of January,
one thousand eight hundred and eight; Cape of
Good Hope and the east coast of South America,
on tba fiisi of Haicb, one thmiaaDd eight hiu-

.yGooglc

Great Britain, France, and Spam.

ad eishl > India, on the first of Majr, oee
id eight hDndred and eight'; Chjim and the
r South AmFrics, on the first of June, one
ad eight hundrecfand eight: Beilthertfore
I, That QDihing in thia act eontaiiicd ibari

to preTCQt any resiel wbieh ahall have
rrom maj luch port or place before the pe-
>OTe npecified la afiKesaid, and which shall
leeD brought into or shall hare come into
Drc in Oioat Bricaio ooder any warniog
ia pursuance of aof of the said Orders in
il, from proceed'ing on her voyage to aay
r place whatever, without enteriag or laod-
ly part of her cargo ia Oreal Britaio, (ex-
attoB wool, or yarn, or Jemil'* bark,) and
lit the payment of any dnty eranied by this
ton any part of the cargo (except cotton
or yam, or Jesuit's bar^i) Provide, alvxa/i.

if the port or place to which such ressel
)iroceed shall belong to a country in amity
His Majesty, and from which the British
i not excluded, sQch Teasel shall, in that
>e permitted to proceed, without being com-

lo land any part of her cargo, or to pay
oty impowd by this act, in respect of the

nided aitoage, and be it Jvrlher enacted,
nothing in thij act contained shall extend
■rge with any of the duties granted by this
ty goods, wares, or merchandise (except eoi-
'OoT, or yarn, and Jesuit's bark) imported
jreat BritaiQ in any Tessel,iinder«ny license
ig dale befbte the llib day of November
)r in any reMel-whicb iball have been cleared
'om the poK or place from which luch goods,
), or merchandise, were imported before the
d itt this act specified, as to such port or
!,as the period at which the said Orders in
icit shall be taken and held to have been re-
td, in any caiei in which the said goods,
s, or merchandise, shall, apoD their Imporia-
have been or shall be warehoused tor expoc-
D only.

•voided ahea^.'and be it further enacted.
t Dotbieg in ibis act contained shall exiena
isrge with any of the duties granted by this
any goods, wares, or merchandise, ob the ex-
aiion from Great Britain, (except cotton wool,
arn, or Jesuit's bark,) which shall have been,
lall be, imported into Great Britaiit prior to
first day of June, one thousand eight hundred
eight, from any free port ia any of His Ma-
y's plantations in the West Indies, or any
■r port or place, under any license from the
rernor of any of His Majesty's plantations
y authorized for that purpose, bearing date
ir to the twenly-firat day of January last, id
! such goods, wares, or merebandiK, shall, on
ir importation into Great Britain, nave been
ihall be warehoused for exportation only.
Provided, tdao, and be itfMher enacted, That
goods, wares, or merehandise, described in the
1 tables A and B, of the growth and produce
St. Domingo, which sball have been or shall
imported ioto Great Britain bv lieenae, in
un for gooda exported to tha aaid iilalid, bear-

ing dale prior to the fifth of February, one tbon-
saad eight hundred aad eight, and which shall
hare been or sball be warehoused for exportation,
shall be liaUe, on the exportation thereof, (o any
of the duties of oustoms granted by this act ; and
all such goods, wares, and merehaDdise, the growth
and produce of St. Domingo, which sh^il have
been or shall beitnporied into Great Briistn under
>y license beariog date subsequently to the said
th day of February, shall, upon the exportation
thereof, from Great Britain, be chargeable with
and subject and liable to one-half part only of the
duties of customs granted by this act upon ^oods,
wares, and merchandise of the like descnption,
upon Ibeir exportation from Great Britain.
AitdbeitJiirHteremuded, That all goods, wares,
id merchandise, which have been or may be con-
demned as prize, shall, on the exportation thereof
from Great Britain, be charged with and subject
and ItaUe (o the duties by this act imposed on the
expoTtaiioB of the like goods, wares, or merchan-
dise reepectively, any law, custom, or usage to
the contrary, DOiwiibstandingr Pr(mded,aheai/$,
That nothing in this act eootaiaed shall extend
to charge with any of the duties granted by tbia
act, any goods, wares, or merchandise (exeept
cMloQ wool, or vam, or Jesuit's bark) which ahdl
have been or shall bebrought into any port in Great
Britain for adjudication before the passingof ihia
act, whether the same shall have been or shall be
subseosently restored or condemned as prize.

And be it further enacted. That the dniles of
customs described and set forth in figures in the
said tables heretinto aanexed, marked A, B, and C,
on ibe several goods, wares, and^merchandise, spe-
cified therein, shall be paid to the proper officer
aoihorized to receive the duties of customs on
goods,warea,and merchandise imported into Great
Britain, and mav and shall respectively be nnii-
aged, Rscertainea, raised, levied, collected, answer-
ed, paid, and recovered, exeept where any altera-
tion is expressly made by this act, in such and
the like manner, and by the same means, ways, or
methods, as former duties of customs upon goods,
wares, or merohandtse, in general, and also by any
such special means, ways, or methods, respective-
ly, as former duties of customs upon goods, wares,
or merchandise, of the same sorisor kinds, were or
might be managed, BBCertaioed, raised, levied, col-
lected, answered,- paid, and recovered, j and the
goods, wares, or merchandise, whereon duties of
customs are by this act charged, as the same ate
respectiyelv. inserted, described, and set forth in
iheiaid tables, upon exportation thereof from Great
Britain, shall be and the same are hereby made
subject and liable to alt and every the conditions,
regulations, securities, rules; restriqtioas, seizure),
and forfeilures, to which goods, wares, ot mei^
cbandise, in general, and also all and every the
special condilioDs, rules, regulations, reslrictiona,
seizures, sales, and forfeitures, respectively, to
which the like goods, wares, or merchaodtse were
subject and liable by aoy act or acts of Parlia-
meol in force on and immediately before the pas*-
iogof this act, rcspeeiing the revenue ofcustoma,
exeept wttete any allemtioa is eipiessly made by

.yGoogIc

1716

APPENDIX.

iffmit Britain, FmnM. awl Spain.

thii Mt;.and all pains, penalttci, finra, and for-
ftiUirci,of whatever naiura or kind the same may
bc,a« well piins of death an oihen,ror aayoSenee
wbatcTer coiamiued againtt or iu breach of any
act o( acta of Parliament to tmee on or iramedi-
ataly brfore iba paaiiDgorihiaaci, madeforBKUr-
iDg ihe reveoue ot cuatoiiM, or Tor the regulaiion
or impfovemesi thereof, and ihe M7eral ctaDivi,
powara, proviioe*, aod directioDs coDtaiaed in any
•uoh aei or aeli, (ball (uolcu where exprruly
uttered by thii act) exieod iii,and be reipectiraly
applied, praciiied, and pal in execoiton, in respect
of iht aeTeral dutiei of eaatoma hereby charged.
ID ■■ full and ample a roanner, lo ail ioleoia and
puf poses whatever, ai ifall and every the said aein,
elanaes, proviioes, powers, direeiionn; Sacs, pains,
pcoaliiea, or foifei tares, were panieularly repeated
and re-enacied io' the body of this act, and made
|)art thereof.

And be UJurihtr entU^ That ^ alt ease*
where, b^thssaid tables, the daties of eualom by
tbij act imposed upon the eiporUition of roods,
war**, and merohnndiie, from OrvaC BritiM, are
charged, nOi according to the weigbi. iRle,nuge,
or tonsure, but aoeording to the value tfierrof,
■Dob valne shall be considered u the same shall
'beiat tbe port of exportatioti, without aoy dedtie-
tioD or abatemeoi whatever) and such value
iball be ascertained by the deolaraiion of tbe ex-
porter or proprieior ofsueh goods, wares, or mer-
cbandiae, or his known BK^nt, to the maimer and
form^and Under all the rules, leguhlionB, and
Rsinclioot, and aobjeel lo the same firfettores
and penalties, as are prescribed and directed far
■soeriaming and toltecting fbe duiies to be paid
npoD goods, wares, and merchandise, according
10 tbe *alue thereof, by tn act paued in the
tweoiy-acv«nth year of the rrign of his present
-Majesty, entitled, ''An act for repealing the sev-
«rel daties of eostotns and eiciscj and granting
Other duties in lieu thereof, and fOr applviog the
•aid duties, together with tbe other dniies com-
posing the puUic revenue, for permiiiing the im-
portation of ctTlain goods, wares, and merehnn-
aise, the prodocs or manufaeturpof the Buropean
dominions of the French King, iniothisEtogdom.
.and for applying certain unclaimed moneys re-
maining.in the exeb^quer for the payment of an-
nuities on lives to the reduction of the national
debt;" and in oase any goods, wares, or merchan-
dise, chargeable with any soch duly by this net,
according to value, shell not be valnsd according
to the true price oc valae tbereofl and according
to the true inient and meaning tif ihjs act. then
il'Shall be lawful for tbe proper officer or officers
of the eastomH to sauae the safne to be detained ;
and tbe said goods, wares, and merchandise, shall
be dealt with, and the proper officers of the ctis-
tomsHballproceed, with relation to the said goodx,
vareSj and mem ban disc, so detained, in every re-
•peat in tbt manner prescribed in Micb case by ihe
«aid recited act.

Ani be it further enatttd. Tbat in ease any
goods, wares, or mercbaodise, upon which dutitt
of custom arebereby imposed, shall be detained
bf any ofiecr nf the eostoBts, on nneoant of tbe

same not being valued accordiog to tbe irae and
real value thereof, and according Jo the true in-
lent snd . meaning of ihiseotfii shall be lawful
for the Commisaioners of His Msjealy's coatoma
in England ami Scotland, res |{ecti rely, for (b«
lime being, or any three or mure of Ihtm, re^peta-
ively, upon proof being made to their miafaclioa
that no fraud was intended, lo direct the entry to
be antended, opon such terms and eoDdiiioiM a^
under (he circumstancea of tbe ease, shall apnnr
to the said commissioners of thoeusioms in Bo^
land and Scotland, respecUvely, to be reasoaabte^
and as they shall ibink fit to direct: Pnmidtda^
mays. That, if the importer, expotier, or proprieior
of such goods, wares, or merchandise, ahall aceepl
the terms or conditions prescribed by ttte saHl
commiisioners of cnatoms, respectively, locb isn-
porter, exporter, or proprietor thalt not have or
be entitled to any recompense or damage on no-
ctiDut of the detention uf such goods, ware^ or
merchandise, or have or maioiain any aeiiaa
whatever for the same; any law, custom, or lun^
lo the contrary, noi withstanding.

And be itfurlKer enaclml, That such of th« da-
ties nf customs, by this act imposed, as sliall arise
in thai part of Qreai Britain called England, ihnil
be under tbe nMaagaroeMtof the eommaaioiwn
of the CDStoma iit England for the tioae being;
and such thereof aa sliall arise in that pan of
Oreai Britain called Beotland,fliiall be nodcr iha
management of the aommisaionen of tbe onstoma
in Scotland for ibe time being.

And bt il further enacted, Tbat in chc ilw
whole or any part of -the cargo of may Fcssei,
which shall arrive in any port a{ Great Britain,
shall consist of any goods, waraa, or ■wrcbaadiaa
whatever, of tbe growth, produce, or mannfactara
of any country or place within the limits of ibe
charter granted to the United Compasy of Mer-
cbaotB of England trading to tbe East Indies, such
vessel shall (orihwilb proceed to the port of Iiob'
doD, where all such goods, wares, Knd merchan-
dise shall be landed, lodged, and secured, ooder His
Majesty's look, in aome of the warehouses belong-
iog to ttie'said Untied Company, at tbeexpensetf
the propri«iarsofBDehgoods,svares,aDd merchan-
dise, and be there examined, and an aeeonnt
taken thereof by the proper officers of tlie coatoaaa
and of tbe escise, in oases where tbat revenue is
:oncerned,and bueh goods, wares, and mercban-
lise shall remain ao lecured notil tbe exporta-
tion thereof; and, before any sack gooda, wxrea,
and merchandise shall be taken out of such ware-
house for tbe purpose of exportation, the sev-
eral daties of customs, as the same are described
and set forth in fignres in the table hereanlo
anoescd, marked C, shall be first paid to the pro-
per officer of the coatoms ; and in those ciwea
in the said table, marked G, where the dotiea to
be paid oQ -the exportation of any such guod^
ware!, and merchandise, shall not be charged ac-
cording to the weight, tale, gauge, or measure, bai
according to tbe value thereoj^aoeh vatne shall
be aiceriaioed by the declaration of the proprie-
tor, or his known agent, in the maaner aiid form,
aad uftdai the ralea, legpilatiaBa, and rcaidetiona,

.yGoogIc

171?

APPENDIX.

Grtat Britaw, France, 4Utd Spain.

ITIB

Rod subject to the Mme forfeiiures rdiI peDaliies
■s are prescribeil and imposed for ascerlainlag
and ^olteciiDg; duties lo be paid according' lo the
value thereof^by ibe'said recited acl passed mlhe
Iweolf 'sev«Dth year of his pteseai Majesty ; and,
in case any sucb goodE, wares, or luercbaQdiae
shall not b? valued accordiog to Ibe true and real
value ibereof, ihen it shall be lawful for the pro-
per officer or officers of the customs to cause the
same lo be detained, and the said goods, wares,
and merchandise, shell be dealt wiibi^nd ibe pro-
per officers af the cusloros shall proceed, in the
maoner prescribed in sucb case by ibe said recited
act: Provided, alioayi, That such goods, wares,
or merchandise, so detained (cotton wool except-
ed) ehall be sold only for tbp purpose of beiog
eipOTled from Great Britain, any law, cusiom, or
nsajfe, to the cooirary noiwiibstanding; Prowl-
td.atao, Thai, in case any part of the cargo of any
such ship or vessel, «o consisting io pan of East
Indian goods, wares, or loerubaiidise, aa aforesaid,
shall consist of goods, wares, or meTchaodLte, not
being of the grovib, produce, or nxanufacture of
any country or place wjthin thF limits of the char-
ter sranted tothe Uniied Company of Merchants
of England, trading to tbe KasI Indie^ such last-
nieationed goods, wares,and merchandise, shall be
duly eniered, either to be secured or lodged in

year of his present Mai est y, entitled "'An act for
permitting certain gooJs imported into Great Brit-
ain to be secured in warehouse without pajrruent
of duly j" and of a certain other act, passed to the
forty-mth year of his present Majetty, entitled
"Ad act to authorize the Lords Commissioners of
Ibe Treasury to permit certain articJes to b« ware-
housed io al&erent ports in Great Britain, upon
fciviog security for tbe payment of duties -upon
(he articles therein mentioned;" and of a certain
other act, passed in tbe foriy-sixib year of bin said
Majesty, entiited " An.act to extend the provis-
iQDs of >D act made in the forty-ihir^ year of bis

Eresent Majesty, for permitting certain articles to
e warehoused in Great Briuin. to other ■rti<!leii
Dot therein. mentioned, and to alter the coodiiion
of the bond directed to be giren by an act of tbe
tireniy'fourih year of his present Majesty, by tbe
masters and owners of vesaets and boats lice used
by tbe Lords of the Admiralty, provided such

f;oodn, wares, and merchandise, by law, may be
odged or secHred; otherwise, the full duties of
eaatovas and of excise, (In cases where any such
duties are payable onsuchaoods, wares,aiid mer-
chandise,) due thereon, shall be paid to the pro-
per officersof tbe customs and excise) and all such
gaoda, wares, and merchandise, so brought into
the poriofLondon,shall, on tbe exportation there-
of, be charged with the duties due and payable by
this ai:t on any such goods, wares,. and merchan-
dise, respectively, as the tame ate described and
set forth Id the tables hereunto aaaexed, marted
X and B, as the case may be."

Promded, alway, and be it Jurlhtr enacted.
Tbat, if it shall appear to the satisfaction of the
cotlecfor aod wtnpuoller of ibecuaioma.oLf.aajr

port in Qraai Britain, hy the report of any ««■•
sel which shall arrive at such port with any cargo^
part whereof shall consist of goods, wares, or mer-
chandise, of the growth, produce, or maaufacture
of any country or place within the limits of the
charter granted lo the United Company of Her-
chaois of England trading te the East Indies, that
;h goodit, wares,«Dd merchaodise, do not exceed
vafue one-fourih part of the whoie value of ik*
go of wish ve.isel, then, and in such oate, it
ill he lawful for the owner, consignee, or cap-
tain of such vessel, after giving such security aa
shall. be directed by the earn urissi oners of the cus-
toms io England and Scotland, respectively, ot
any three of theni, for the due conveyance of
such goods, wares, and meiehandise, ar aforesaid
to the port of Luodon, there to be warehoused aa
afoiesaid, and not before, lo land the cargo of such
vessel at tbe port of her arrival, except such goods,
wafea,and mefohsndise, asafoiesRid,and either to
cause such goods, wares, and merchandiie, to be
conveyed in the same ship to the port of Loodoo,
or to cause ihesame to be transhipped, in order to
be conveyed to tiie said port, upon tbe said aecu-
riiy,«iid underHuch regulatioaswid rcsirictioni
fur securing the conveying tbe same lo the said
port, as shall be directed bv the commUsioners of
ibecusiorOB in BnglandanJ Scotland respectively.
Projiidedaiioayi,iatdbeitfurthereaafCltd, That
ihe pfoprieior or proprietors of any goods, warea,
or me rehaudiBe. brought into Q[saiBriUio,iDsiy,if
he or they ^hall be so disposed, instead of paying
tbe full duties of cuatomii and excise due and pay-
able thereon, seoure or lodge in wareiiouaea, ap-
Eoved by the com mission era of the customs of
ngland or SooiUod, respectively, without pay-
ment of duly in the flrat ioBtaoce, any geodi^
wares, and merchandise, which, by virine of any
law in fotce at the time of passing this act, aw
allowed lo be so secured and wareaomed, under
the conditions and regulations of the said recited
acts passed io iheforiy-tbird, forty-Sfth.and forty*
iixlh years of his present Majesty, resprotively ^
and all such goQtU, wares. Hud merchandise, so
watehou«ed, on which the full duties of castoias
and excise shall have been paid, shall, on the ex-
portation thereof, be subjeai and liable to, and be
charged with the duties of customs imposed by

case may b

Proeided alwta/», and be it further enacted.
That it chall be lawful for tbe commissioners of
casioms, or any three or more of them, upon tbs
request of the owner, proprietor, at coniignee of
any goods, wares, or merchandise warehoused, Io
destroy ihe same, in such .a manner as they abail
respectively direct, withoat payment of duiy, and
upon payment oiily of any charges and expensM
tbrreon.

And be itfyrUter enacted. That the importen,
proprietors, or consignees of any goods, wares, or
merchandises, which shall have been lodged in
IV are ho uses, or otherwise secured, according to
tbe (iirections of the said recited act passed io tba
forty- 1 bird year of his preaani Majesty, or any
Vinfi aci.ol Parliamesl, by virtgeand under ih*

.yGoogIc

1719

APPENDIX.

1720

Grtat Britain, fV^nee, and Spain.

anthonijr of which anf inch Koode, warea, or mer
c ha Ddite, shall faiTe been *o lodged oraecured, shall,
within firtwn calemtBr monihs, lo be compoted
from I ha day on which luch importers, proprie-
tors, or conMsneM o( iQch goods, wares, or mer-
chaDdise, shall have made their Brit entTjr ihermif,
clear and lake from and out of each warehouses
or places, rBspectively, alt such goodi, ware*, and
merchandise, either for the purpose of being ex-
ported accardJDg to the direciions of this act, on
liaynient of the duties hereby imposed, or to be
utcd ot consumed in Qreal Britain : Provided ai~
voft. That such goods, wires, and merehandife,
mar legally ^ taken out forlhat purpose, on pay-
Bent o? the full duile»of eusiotaa aod excise that
are or may be due or payable thereon at the time
Iha same are ao taken out; and in ease any such
itnpotieii, proprietors, or consignees, shall fail or
neglect so to do, it shall be lawful for the com-
■nissioDcra of the cuglomt in England or Scotland,
respectively, to cause all such goods, ware*, or
merchandise, to be publicly sold or exposed (o
sale; and, after such sale, the produce thereof
aball first be applied to or towards the payment
of the freight, primage, and charges of warehouse
loom, aoaoiber charges that shall arise thereon,
next to the dniies of customs and excise, and the
overplus (if any) shall be paid the propridor or
other persons authorized to receive the same:
Provided alyeaya, That in caae any foods, wares,
or merchandise, so remainiDg and directed lobe
aold, shall be of the growth produce, or maaufae-
ture of any country or place within the limits of
the charter granted to the United Company of
Merchant) of England trading to the East faidieB.
or any goods, wares, and merchandise, which shall
be prohibited to be used or consumed in Great
Britain, then, and in such case, all such goods,
wares, or merchandise, shall be sold only lor the
purpose of being exported, and not on any pre-
tence whatever lo be used or consumed in Great
Britain: Provided, That do such goods, wares, or
mercbaDdise, ehall be sold, unless a price can be
oblaioed for the same equal, at least, to the full
il of all duties of customs and exoite, char-

ged and chargeable thereon, together with the
punses ; but jfsuch price cannot bi obtaioed, then,
and in such case, all such goods, wares, or mer-
obandiie, shall be eSecluaJly deilro'yed by and in
the presence of the proper officers of ibe cusiomi,
«ud also the officers of the excise, in case aoy
duties of excise are payable thereon, who are
hereby renpeciirely authorized and required to
destroy the same accordingly ; and ihe proprietor
or owner of such goods, wares, and merchandise,
aball hare no claim, either in law or equity, to
Ifae Talue of such goods, wares, or merchandise,
or any part thereof, so destroyed as aforesaid, any
law, custom, or usage, to ibe contrary, noiwitb-
atanding; Provided aiieayi, Thacatlsuch goods,
wares, and merchandise, may be re-exported to
Ihe country from which they were brought, or to
the country from which Ihe Tcssel in which such
goods, wares, or merchandise, were imported shall
belong, or shall hare belonged, without payment
only of such warehouse or port daiiea as slfall

have become due thereon: Provided, That the
British flag shall not, at the time*of such re-ex-
poriaiion. be excluded from such country respect-
ively.

Provided alvayi, and be it further enacted.
That nothing in tnis act contained shall extend,
or be construed to extend, to charge the duties
imposed by this act on any goods, wares, or mer-
chaodise whatever, that shall be exported from
Qreat Britain to that part of the United Kingdom
called Ireland, or any goods, wares^or merchan-
Jise, ihe growth, pfoduce, or manufacture of Ire-
land, having been imported from thence directlr
to Great Britain, on tbu eiponation thereof to
any country whatever.

Provided alwavt, and be it further enacted.
That nothing in this aei contained shall extend,
or be construed to extend, to charge the duties by
this act imposed on the exportation of any floor,
or meal, or article! not being either in the whole
or in any part manufactured, being of the growth
or produce of any Slate in Europe or America in
amilv with His Majesty, and imported in any
ship nelonging to such Siaie, or in any Britisb
ship navigated according to law directly from
any such State, except coSee, sugar, pimento^ co-
coa-nuis, hides, tallow, oil, and cotton woof, or
yarn, or Jesuit's bark.

Provided alto, and be itjurihtr enacted, That
nothing in this act contained shall extend, or be
construed to extend, to charge with the dutiea
Imposed by this act any goods, wares, or merchan-
dise, of the growth, produce, or manufacture of
any British colony, plantation, or settlement Jn
Afrira or America, which shall hare been im-
ported directly from socb colony, plantation, or
settlement, retpectivelyt and exported to any port

Prodded alto, and be it Jurlher enacted. That
nothing in this act contained shall extend, or be
construed to extend, to charge with the dutiea
imposed by this actaoy goods, wares, or merchan-
dise, that ihall have been imported by ifae United
Company of Merchants of England trading lu
the East indies, or by aoy subjects of His MaiesEy
trading within the limit* oi the charter of the
■aid company, with their license, upon the ex-
portation of snch goods, wares, or merchandise,
from Great Britain to any port or places what-

Provided alto, and be it JvrlAer enacted. That
nothing in this act contained shall extend, or be
conatrued to extend, to charge the duty by ibia

'' —■...:■.- -[)(,g5(.(, ^lijpli

lajesty's army
or navy ; hii't such wioe, spirits, or tobacco, shall
he subject and liable te all and every the rules;
regulations^ and conditions, limiiations, securi-
ties, penalties, and farFeiinre?, to which sue)! arti-
cles ao shipped would have been subject and lia-
ble if this act had not been made.

Promded alto, and be it further enacted. That
nothing in this act contained shall extend, or be
construed lo extend, to charge with the duties by
this act imposed any goods, wares, or merchaD-
dise, exported from a»ai Britain to the Ida trf

.yGoogIc

1721

APPENDIX.

Qrtai Britain, fyatux, and Spain.

1723

M«Q, hj virtue and under the aulhoriiy of any
license which the Commisiiooeri of Hib Majes-
ty's Cniloms 'ID England or Scodaad, or anr
three or more of ibem, reipectireljr, are, or mar
be, bf law, authorized and empowered to (frant.

Provided aivaya, and be it Jvrther enacted,
That the 4Dii«s by this act imposed od goods,
wares, and merchandise, exported from Great
Britain, ■ball not be cbarEed, or imjrsble on any
goods, wares, or merohandise, not manufactureo,
either in the whole or in part, nor upon any wine,
or any article of prorision, (spirits excepted,) ei-
porteil to any British colony, plantation, or settle-
ment, in Africa or America, or to any British
settlement within the limilsDrthe charter erantrd
to the United Company of Merchants of England
trading to the East Indie^ anything in this act to
the contrary nolwith standing.

And be it further enacUd, That no ahip or
veosel of the United Slates of Auiertc« which
Aall enter any port in Qreat Britain ot Ireland,
in conaequence of her having been warned not to

g'oceed to a blockaded port noder His Majesty's
rder in Council of the eleventh of November,
one thousand eight hundred nnd seven, shall be
liable, to be charged with the duty of two shil-
lings a ton of the burden of any ship or vesiel
belonging 'to the inbabitanta of the i^id United
Slates, imposed by an act of the thirty-seven lb
year of His Majesty's reign which has been con-
tinued and revived by several subsequent acts.

Provided alwajffi and be it further enactad.
That nothing herein contained shall extend to
affect or take awayaoy of the rights or privileges
of the West India Dock Company, of the Lojidon
Dock Company, or of the East India Dock Coa-
pMDy.

And be U further enacted, That the duties

rint^d and imposed by ibit act thall'CODiinDe
force until the end of the next session of Par-
liamCDt, anteu His Majesty, by bis Order in
Council, shall think fit to suspend or reduce the
same, orany part thereof.

Provided aivaye, and he it fitrtfier enacted,
That it shall be lawful for His Majesty, at any
lime, by Order in Council, to suspend the opers-
tioD of this act as to any dmi^s, or proportion, or
part of any duties, granted by this act, in respect
of any country for the time being in amity with
His Majesty, and to allow the exportstion to any
such country, so in amity with His Majesty as
aforesaid, of any goods, wares, and merchandise,
made subject by this act to i

ation, withoui the payment ..

•ueh terms and conaitions, and subject
restrictions, as to His Majesty may seem fit.

Provided olvaw, ana be U farther enacted,
That nothing in this act eootained shall extend,
or be construed to extend, to-prevent His Majesty
from prohibiting the exportation of tnv articles,
naitert, or things, to any country or place from
which the Briliab flag is excluded, in any case in
which it would have been lawful for His Majes-
ty to prohibit such exportation if this act had not
passed.

Provided atvayt, and be it Jvrtker enacted.

That the duties imposed by an act, passed in the
forty-third year of bis present Majesty's reign,
entitled An aclfor granting to Hii Majesty, dor-
ing the present war, and until the ratification of
a definitive treaty of peace, additional duties on
the importation aifd exportation of certain goods,
wares and mercha,ndise, and on the tonnage of
ships and vessels in Great Britain; on certain
goods, wares, and merchandise therein ennoM-
rated and described, and which, by another act
passed in the forty-third year of his present Ma-
jesty's reign, entitled An act for permitting cer-
tain goods imported into Qreat Britain to be se-
cured in warehouse without payment of duly,-
were directed to be paid on all snch goods, wares,
and merchandise, sugar excepted, which should
ba exported from the warehouses or places in
which such goods, wares, and merchandise had
been lodged or secured, under the direction* of
tbo said last recited act, shall not be due or pay-
able CD any sueb goods, wares, and merchandise
so exported, on which other duties are charged,
■cconling to the table marked A, hereonio an-
nexed ; but that the duties on any such goods,
wares, and merchandise, as set forth in the said
table, shall] during'the eonticnanee of snch duties,
be instead and in lieu of the duties charged and
imposed thereon by the said two last recited acts
passed in the forty-third year of his present Ma-
jesty's reign.

And bt it Jurthxr enacted, That all the moneya
arising from the duties of custom by this act im-
posed, the necessary charge of raising and ac-
countjDg for the ssine excepted, shall, from time
to time, be paid into the receipt of His Majesty's
Excheqner at Wesimiusier, distinctly and apart
from all other branches of the public revenue ;
and ^hat there shall be provided and kept in the
office of the auditor of the said receipt of exche-
quer a book, or booka, in which all the moneys
arising from the said dalles, and paid into the
said receipt, aaaforesaid, shall be entered separate
and apart from all other moneys paid ano pay-
able to' His Majesty, hit heirs and successors,
upon any account whatever; and the said mo-
neys paid in as aforesaid, into the jeceipt of
His Majesty's exchequer, itiall from time to time,
aa the same shall be paid into the said receipt, be
Issued and applied to snch services as shall then
have been voted by the Commons of the United '
Kingdom of Great Britain and Ireland in this '
present session of Parliament, for the service of
the year one thousand eight hundred and eight,
or shall be voted by the said Commoas for the

rvice of any snbaequeni year.

And be it further enacted, That if any aeiioo
or suit shall be brought or commenced against
'lUy person or persons for anything done in pur-
uance of this act, or of any order m council re-
ferred to in this act, such action or suit shall be
commenced within three calendar months next
ifler th< fact committed, and not afterwards, and
ihall be laid in the eooniy Of place where the
;ause of complaint did arise, and not elsewhere }
iod the defendant or defendants in every such
action oi Mil may plead the general iaane, and

.yGoogIc

1T23

give ihia aet and ihBBpecial mailer in rrideoce at
Buy trtat to be had inereupon ; and if tlie jury
i4mlt Sod for the defenilBDC or derendants in aii;^
•och action or suit, or if the plainiiBs sliall be
nonsuited, or diiconiiuue hii or their iction or
Miit sf^er the defendBnt or.defendanls thall have
anpeared, or if, upaa demurrer, jadffoienti^hall be
g^veu a!>ainst [he plaintiff or plamtiff:i, the ilefend-
untor defendania shall bare treble costs, and bare
the like leraedy for the sanie, as any defendant
baa JD other canes to recover coMs by law.

Aftd be it farther enacted, That this act may
be raried, altered; or repealed, by any ant or acta
W-be made in this prevent sesaioo of Pari lament.

Tablet to vAich thit act re/en.
A.

A taUa of dntiet of eoatoDiii payaUe on tho eipnrte-
tiiMt of certain foraign goodi, warn, and matc^aa-
diae, tbarcin amuDeTBtod or deaoiibcdi not InoBg-
iaiported t>y tho Uailod Company of Mart^aDta of
EaglaDd trading to tha Eut Indioi, (whioh, on im-
porUtioD, are allowed to b« Mcored andar tb> rego-
latiooa of 48 Geo. Ill, cap. 133 ; 46 Oea. Ill, oaf>.
87 1 and 46 Geo. Ill, cap. 137, without pf^meal of
iba dutiea due thereon,) and which iball b« eiportad
from Great Britiiiii, except m i* providM in th« act
to which thia tahla ii umexcd.

Articlea. Daly.

ArabtB, gnBi.~BeeGuin. M «.

Barilla, &« cwL . . . . 0 U

Bark, vis : Jeanit'* bvki or Oortak Ptraai-
aaiH, lbs poand • - • • V 6

BowipritL— 8m Meata, in Wood.

Brandy. — See Spirita.

BufUo hidea. — tlea HIdeat

BuU hidej^-dee Hidili.

Cochineal, the pound • • • - 0 7

Cocoa nuta, the owt. - - - - - 1 0

CoC&s, the cwL - • - - - 1 8

Cortex Feruvlanui.-'See Baiki

Cotton wool.— See Wool.

Cottftn jam.— ft*B Yarn.

Cow hidei. — See Hldea.

CuiranlB, the cwt. - - - - - 0' 9

Deaia laiain*.— IBea Raiaina.

FarOTaiainad — See Raiaint.

Fin the cwt. • • T-

Fir tiinbei..--SB»Timlm, i« Wood.'

Ganrta'— Saa Bpirita.

Gioffar, the cwt. - • - - •07

Arabic, the cwt. - • - • - 0 It
Senega, the cwt. - - - - - 0 10

Hemp, rough, or undteaaed,lhaowt. - - 0 16

Hidsa, Til : Buffalo, bull, COW, Or oi bidaa^
not tanned, tawed, or in an* wajJruaaail,
the bid* OS

Jalap, the pound • - - - -00

Jeniit'e bark.— See Baik.

InAgo, be pound - - - - 'OS

Iron, in bar*, the ton, containing 90 cwt. - 3 0

Kelp, the toB, containing SO cwt. - - 4 0

Leila Taiaini.--4«e Raiaina.

Lijwii raiiina.~-Sea Raians.

Mahogany.— Sea Wood.

Manna, tfaapMtnd - • • -00

Oak tiinbar.— Sn "HAtr, m Waal.

Oara,— See Wood.
Oil, Tia :

Oidiuary oil ofofoc^tkgtn,MB^^^

aeSgaUona ...
Salad ail, Iba gaUoa
X hidea_Sea Hidea

Pimento, the pound - - . . .

Fitch, the last, coatiiiual II bacnb, o^
banal not exceeding 91} plaoB .

Prize gooda, rii : Ooodi, mtta, aai ne-
chandiae, taken oiiaBiaaa^mj^
not being of the growth, fni-ooe, tram-
nfaelDre of any aranDyir place wiHt
the limit* of tbe cbulK |nmed te b
United CompeOT ~'"' 'tiitfriiin
traiing to the £Ut lafaa, and aotW;^
partleolarly eawnmled « ibaniil tt
dtrijia lU* taUa,fei«>*ryjCn«#*
ratoa tbareof - - - - . .]

Frofaibitad good*, rn: C*^ «an*,at^
ebandlae, net balpg gf tke gt««^ fr
duoet or aunafactora, of an; cDa«i c
place within th* limiti of tht <)■■
granted to the Uaited Cao^j gf le
diant* of England trading to ibt la
Indies, fw every £iua of the Talot^)

Quieksilrer, the pound - ...

Raiaina, vU-
Betvidere nuain*, tha cwt.
Deula niaina, the cnt: -
Faro tatatna, the cwt
Lcxia raiefna, the cwt. -
Lipari raisin*, the ewt. -
flmytna rainai, the cwt.
Of the aun, the cwt
NtM otfcerwiae nametaiod
tbeoart. -

IUw-*itk.-8oa8i^

Mnbari), (he pouiri -

RiBM the eart. -

Roain, the cwt. . - •■

Ram.— See Bpidla.

Bafiron, the pomid -

Salad oil.— See Oil.

Sennp; the poond

Silk, to:
Raw lilk, the pound
Thrown ailk, the pound •
Waste silk, the pound •

Smaltv, the pound' • -'-

Smyrna rattdna—fioa Rmna^

Bjririta, via:

Brandy, aingla, the gaUoa
Ahnre proof; the gallon -
Geaeva, aoiglei the gailoa
AtMte proof, the galloM -
Rutft, aingla, tba gallon •
Aboae proof, tba galloa -
OfanTolbeckind,aiogl»,lb>|dlia '
Abore proof, tha gallmi -

';i

x^.

TMinCO.MlCtdMC.l-

jjGeogle

vmi

Qnat- BritKirti Frttnct. dftri Spamj

-Sea Wood.

the poand - ....

>e, common, the cwt. ■ . .

k. — See Silk,
all sorts, the ton, eontaliunc SS3

any, the ton. c*ntaiuiiig 20 cwt. •
jarda, and bowsprit*, nz: Six ineh-
t diameter, and nuder mghX iadiw >

BalJ. I;

n diameter, and luuiertwatn

■o int^ea in diamel«r, or upwuda,
load, containing fiftr collie lew •
the ISO - . . . .

^r of idl Botts, thv lotd, coDtuoii^.
f cubic feet .....
lix : Cottoa wool of alt Mfti, tha

-See Mkata, in Wood.

-030

■K been, or which are aDDwed to be,
ed under the' resul&tloiu of the 43

lU, cap, 13S ; 4S Geo. MI, cap. 87 ;
46 Geo. ni. cap. 1ST, tor B«rj ilOO
e prodoee or amount of the dutiea of
»iiB, chargeable on die importetioa
Mif, b7 43 Geo. ni, cap. 68
the aeraral exemptioiu from the dntie* charged

table, whether relating to t°*>^' eipotted, or to
iea or places to which gooda ahall be exported,
) B«t to which thia laUe ii annexed.

e of dutiea of coiloDu payable on tha eipoitstion
certain foreign gooda, warei, and marchandiae.
Kin enumrraied or described, (not being allonnd
M secnrtd under the regulatioDa of the 43 Qeo.
. cap. 13S; 46 Geo. Ill, cap. 87; and 46 Geo.
, cap. 137, without pajment of the dutie* due
ireon,) not haTinjf been imported by the United
mpany of Merchants of England trading to the
At lodies, uid which shall b« exported from Great
itaJD. eiceptaa i* prorided in.lh» actUwhicii
It table b annexed^
Afticlaa.

Hon, Ux-tinj £100 of the ifiof
'ttta,lhoewt^ .....
ol; llw cwt. - - - -

e«,ibi:paiti>dpeBriMhea tbeewk
k, y'a : oak bark, the cwt. .
lej.^-«9» Com. I

Dntj:,

if,n

or bifg.i fleeiCoTtt.

•chlneftl ilail^ tke pound
ipper, ■*\i: Mppar in brtok*, r
cut cop^, and cepper in

Cerdage, the cwt.

wheat, the qaarttr
r^e, the quarter
peaae, ihe quartw -
beaai^ the qnailar -
barlaj, the quartet
bear or bigg, the qntatar
oat^ the qu«t«r •
wbaatmeal and flenr, the crrt

tieud upoia eriaa pMuada SaMtk ti«T
Fiah, lii:
■tock Sah, tbe ISO

Flax, ronglhr ondresaed, the ^trL
Flaxseed « Unaeed. — See Seed.

Galla,thecwt

Grsnilla, the poond ....

Indian com, or maiie. — See Corn.

Iron, vixi pig iron, the ton, containing SO

laioglaia, the ewt ....
Lemons, the 1000 ....

Maddrr, m:
mull, Ihe cwt.
root, the ewt.
of an; other aort, the ewU

Oak bark.— See Bark.

Oakum, tbe cwt.

OalmeaL— See Corn. ^

Oats.~8ee Corn.

Oil*, TJz: aeed oil of all aorta, '
laining SSS gallons

Orangea, the 1000 -

Peas. — Bee Com.

Pig iroD< — See iron.

Fork, the cwt. - - -

PriiegoodB,vii: Bvoda,warMi ■

dise, taken and eondemned aa priM, not

: being Of lb«. growth, pteJ ueaKOr M aaaifce. ■

, ture of an; oonnli; or place within- tha
llmita of tbe «barter granted to the United
Cotnpan; of Merchanta of Bagdad tia^
ing to tbe East Indiea, and not beiaf^pac*

. ticolari; ennmeratad oreharged wWidtt^
in this table— fiii«rei]r;jGMO.of die-Take
thiaeof '

Ejer— See Com.

Safflowei^ the cwt ......

Salt, Ihe buahel, contaiaiug fiO poandt

Baltpetre, the cwL

Beed,-Tiai linseed or flaxseed, the boAali •

Sesd oil. — Sea Oil.

^njah wool.— See Wool.

Tow.theewl. ... -• -

Valonia, the dwt.

Verdigri% »ii ;
common, the pound - ■ -
erfatillixed, tbe pound . . . -

Wheat.— Sea Cora.

Whealmiial and dour. — See Com;

Wool, Ti

t'arn, via: raw liiWD jerDtu

rii:Spaui*h wool, the cwt. -

ix: rawliiWD jeratBadeof flaxi tb*

soft

0 10 0

.yGoogIc

172T

APPENDIX.

1728

Great Britain, fYance, and ^im.

PdrllWMTenI
Ihi* tabic, whether rating to gooit iiportei], _. _
countriaa ot plus* to wbrcfa good* ■h>II be axpoitsd,
lae tlw act to which thii Ubla ii annexed.

A teUe of Jytm of coKodu pajable on the eiportaliOD
of goodi, waru, and mercbandiM, bmng of the
growth, pTt>duoe, or nanubetore of uij connti; or
place within the limita of the charter granted to the
United Company of Mercbanti of England trading
to the EmI IndJei, not h^Ting bnn imported by the
Mid Company, and which ehall be exported from
Great Britain, Mnpt aa ia provided in the act to
which thia table ie aLnezed.

Artictea. Duty.

£ i.d.

Annatta, the cwt. • . . ^400

Aiabie gum. — See Onni*

Arrack. — So* Spirila.

Bandanna handkerchiefa. — See Htndkerchieb.

Barilla, the cwL - , ■ . - 0 S 0

flark,»ii: Jeauit'e baik, or Cortex Pernri-

aniu, the pound - - . . -OSO

Brandy. — See Sptrita.

BuSalo, hidei. — See Hide*.

Bull hider.— See Htdee.

Calicoea, via:

white, whether plain, flowered, or ititdied,
Ibr every £100 of the valna - - SS 0 0

printed, painted, etained, or dyed, fbr
ereiy £100 of the Telue - . aS

CM«ia lignea, the poand • • . . Q

China ware,OTeaithanweie,foreTei7£I00
of the value . . . . . )5

Cinnamon, the pound -■..()

Arttela*.
Jetnil'i bejk.~Aee Bwk.
Indigo, the pound •
Mace, the pound
Madder root, the ewL
Manna, the pound -

Mualina,plain,ibrevefy£100oftheva]ae • ti
Nanl(een dotba, lor every £100 of Iha

Nulmega, the poniril . . . . i

Cochineal doit, the ponnd - • ■ i
Coeoanuta, the cwL . , . ,

CoffM, the cwt
Coppar, via: copper in brick*, roee copper,

oaatcopper, and eopper in.i^alea, the cwt. 5
Cortex Ferimanna.--^ee Jeenil'a hart.
Cotton nunufiKtmea, oat otharwjee ano-

maratad or deKtibed, fbr eveiy £100 of

Cotton wool. See WooL
Cotton Yara^-See Yarn.
Cow hidea^-Sea Hidee.

le China ware,
Flai, rongh or undreMed, the cwt.
Oelle, the ewL ...

Oinger, the cwL

Ouis, via:

Arabic, the cwt. - - . - - 0 IQ
Senega, the cwt. - • - - - 0 10'

Handker^ieft ofeilk, printed, peinted, eteln-

ed, m dyed, each - - - - -01

Hemp, rough or nmlrneend, or anj other

' vegetableeubatancaofthenatnraenilqnal-
i^ of undreaeed hemp, and applicable to
the eame nuipoea, the ewt - - • 0 IS

HUae, via: buSalo, bull, cow, oi or hide*,
not tanned, tawed, or in any way dreaeed.

of clovai, the ounce

of nubnege, the ounce -

Oi hlde4.— See Hrdea.

Pepper, the ponnd •■ - .

Piiie goodi, vb: gooda, ware*, oi
dtie, taken and eondemnad •« priia, be-
ing of the growth, prodnce, or Biann&e.
tura of any country or place within tfaa
limita of the charter granted to the Uni-
ted Company of Merchinta of England
Uading to the Eut Indiec, and not par-
ticutariy ennmarated or charged with dutj
in thie table, Ibr everjflOO of the vahie
thereof a

Quiekailvar, the poand . . . . i

Raw ailk^-Sea Silk.

Rhubarb, the ponnd •-..-(

Saltpetre, the cwt. - . . .
Senna, the ponnd ....
Senega gum — See Oom.
Silk, via :

handkerchieft^-See Handkarchiab.

raw eilk, the pound

Spirlte, via:
arrack, ^gle, the gallon
arrack, double, the gallon
brandy, angle, the gallon
brandy, double the gallon
dngle, the gallon

Soger, via: farovin or Muaeavado,
White or dayed tiM ewt. '
Tea, via: black, the poand
Oreen, the pound

Wool,'

Yam,!

OM>da,
larly enumerated or deecrU>ad

being prohibited to be worn, need, or

earned in Great Britain, for every £106
of the value ---...

All gooda, warea and mrrrhiniliae. of the
growth, prodoca, or nanulaetnre of any
country or place within die limita ef tha

' charter granted to Oe United Conpany

' of Merchania of Englaiid trading to iW
Eaat fadiaa, not ptrtkniarij enunenled

.yGoogIc

1729

APPEBTDIS.

Ortat Britain, Awux, and Spam.

1730

Articles Ihlty.

M deaeribad In tliii taUs, and not b»ii>g
been imported bj the wid Compinf , far
eraijrflOO of the pradaes and anonDt of
thoaa dMJM of euabmi impoaed by Iha iU
Geo. Ill, rap. 68, on aat^ goods, warca
or menhaBdiaa, napectivel;, whea im-
pottad bj (be (aid company, whioh are
due and payable iihan lb* Mune aie takan
out of laa warebauia fiw the porpoae
of being used oi conaumad in Graat

Britain 40 0 0

For Iba nTeral eiemptioiH fiain the duliea obarged
in thia UUe,- wbethor lelaling to good* exported, or to
riea or pl>ce« to which gooda ■ball be eipoi^
le act to which *^'* table ia ai^tfxeda

GaoBBB R — Inatnictiona to the coimnaBdeTa irf out
ibidaof Wat and priTaleara. OiieDat Wiitdior,tha
lIOi dar of -ipnli 1B08, in the fbr^-aighth year of
owieign.

Oor will and pleiaUre ia, thai yon do not io-
larrupt luijr Dentr»l Teasel ladeo wtlh lumber and
prOTiaioDs, and going to anr of our coloniea, ii-
tandi, or seltlemeats, in tbe West Indtea or South
America, to whomsoever the property mif ap-
pear to belong, and notwithstaading such vessel
may not biTeresnlar clearRnees aod doenmcDts
□n board; and in case any veasel sball be met
with, and being on her due course to Ihe alleged
port of destination, an endorsement ihall be made
on on« or more of the principat |wpen of saeb
TCssels, apecifying the desiinatioo alleged, and
the place where loe Teiaei was so risiied. And
ID caaa any TMset to laden sball arrive and
deliver het cargo at any of oar ndonies, itlands,
or tetitements aforesaid, such Teasel shalt be per-
mitted to reeeire her freight, and to depart, either

JD ballast, or with

th any goods
:h T«ndf, and

that may be legally

Qoblockaded port, notwithstandiog the present
hostilities, or aoy future hoatiUties which mav
lake place ; and a passport for snch ressel shall
be granted to ibe Tassel by tbe goTcrnor, or other
person having the chief civil command of such
eolooy, island, or settlement. Q. R.

« OeUao Gmfwu III. B^tt, Cop.
IXXIV. -^ -r

As act te pndiiUt, onttl tba end <rfflM iMit seanoa of
ParliaBent, tha aipertatiou of cotton wad from
Gieat Britam— 14th April, IMS.
'Whereas it is expedient to prohibit, for a lim-
ited titne. the exportation of ooitoa wool from
Qreai Britain, except in the manner hereinafter
mentioned : Be it thertfon tnacitd by the King's
Mott Excellent Majeity, by oniJ mlh Ute advice
and eenuent of the Lord* ipirHwal, and temporal,
and CommoM, ia tim prtimt Parliamenl oMem-
bled, and 6y tlie authonly of the tame, That, from
and after the passing of this act, no person or
persons whatever shall, directly or indirectly, ex-
port, carry, or convey, or cause or procure to be
exported, carried, or conveyed out of or from any
port or place in Oreat Britain, or ahaU load or
10thCoii.8dSHa.-fi5

lay on board, or canse or proenre to be laden or
laid on board, in any ship,or other Tessel or boat,
any cotton wool, to order to be carried, exported,
orconveyedout ofanysachport or place, except to
Ireland, and also except as hereinafter is provided.

2. Provided alway and bt it fiaiher enacted,
That it shall be lawful for His Mnjesly, by any
ticenie ucder his royal sign-man uhI, Io authorize
any pernon to export from Qreel Britsia, for hla
or their own accoool, or for account of any sub-

S;t or subjects of any State io amity with Hia
ajesty, any cotton wool, under soch regulaitonik
restrictions, and securities, as may be specified
in tbe said license.

3. And be it Jitrther enaettd, That all eottoa
wool, which shall be so exported, carried, or con-
veyed in or laid on board aoy ship, or other ves-
sel or boat, in order to be exported, carried, or
conveyed obt of Great Britain, contrary to thia
aer, shall be forfeited ; and that every oflender
therein ahall forfeit also the soro of forty shillings
for every pound weigbt. of such cotton wool
which shall be so exported, carried, or con-
veyed on board any ship, or vessel or boat, in
order to be exported, carried, or conveyed out of
Great Britain; and also the ship, vessel, or boal^
wherein the same shall be exported, or in or upon
which the sameshnll be laden or laid, in order to
be exported, torether wiih her guns, furoilure,
ammuoiiion, taeile, and apparel, shall be forfeited;
and the same respectively may be seized by any
officer or ofBcers of tbe customs.

4. Provided aiioaj/t, and be it Jurther enacted.
That nothing in this act contained shall extend
to prevent aoy cotton wool being carried coast-
wise upon aoy certificaie which shall be directed
Io be given by the commissioner of tbe cnstoou
in that behalf:

5. And be it Jurther enacUd, Thai all penaltfea
and rorfeilures created and incurred by this act
shall and may be sued for, proseealed, recovered,
and disposed of, in such manner, and by suca
waya, meanii, and methods, as any penalties in-
curred on any goods, ships, or vessels, forfeited
for any offence against the ctisioma, may now bo
l^ally sued for, prosecuted, recovered, and dis-
posed of; and the officer or officers concerned in
seizures or proMcutions under this act, ihall be
entitled to and receive such share of the produce
ari:iiiig from the seizures as they are now by law
entitled to, upon prosecution qf seizures for un-
lawful importation, and Io such share «f the pro-
duce arising] from any pecuniary fine or penalty,
or composition paid for any ofience against this
act, as t^ey are now by any law or regulation en-
titled to upon prosecution for pecuniary penalties.

6. And be it further enacted, That all personal
actions and suiir, indictments, informaiioos, and
all proseculioDs and proceedings whatsoever^
which have been, or shall hereafter be proscciltea
or commenced againitt any person or persons, for
having refused to receive any entry or entries for
the exportation of any cotioo wool, or to cleat
out any ship or vesstl laden with cotton woul in-
tended to be exported before the pas.<iing of thia
act, are and sball be discharged aod made void

.yGoogIc

1731

APPENDIX.

irsa

Ortat Britain, Prance, and Spain.

hj *irtue of thU act ; and tbtt ir aby aetion or
suit shall b» proiecuted er connimced arainst
■Df peraoo or peTMn*^ for or bjr reaioD of aoy
•ucb act, roaiier. or thing, he, ahe, or ihejr may
plaad ibe general iuae, aod give this id and the
■peoiil matter in evideDceiand if th« plaioiiff
or plaioiifis, in any action or cuii lo lo be prose-
fluted or commenced, (hall become noDKuil, or
forbear further proteeulion, or suffer diicontinn-
tnee, or if a Tcrdici p«M agaioat lueh plainiiff or
plaiaiiSSi, the defendant or defendant* thall re-
cover bit, her, or their double costa, for which he,
ibe, or they ihall have the like remedy a* in catei
where ibe CMt* by law are given to the dcfendanL

7. And be U fwiher maeted, That this act
nay ha altered, amended, or repealed by any act
or acta to be made in thi* preient lewion of Par-
liament.

8. AndheiiJiirihtrmacUd.T)iM\\i\iwlt\^».\\
oontinue and m in force until the and of the next
Kuion of Parliament.

An act for tnikiog valid carUin Orden in Coandl, and
miTanli of tha Comoiinioiien of the Tivntirj, fax
Iheenli; and wtnhouaing of certain goodi imported
in neutral voaaeta, and for indamni^iuK all peraoni
concerned therein; for tha nnitting of forleitunw
in certain caiea; and for enabling Hia Majeatj to
allow, during the continuanca of hoitilitiea, and
until two monthi after the coininenceinent of the
neil aeaaion of Parliament, the importation of good*
from connlriea tmta which tha Britiah Big ii ex-
cluded, in mj veaaaU whatever. [April 14, ISOS.J
Whereat several nenlral veMeli. bound to ports
on ibe continent ofEurope from wnichtbe British
flag has been excluded, nave arrived in the porta
of the United .Kingdom, having been iratoed or
brought into each porta in conaequence of Hia
Majesty's Orden in Council for that purpose, and
parts of the cargoe* of such veeaels have been ad-
mitted to entry for home consumption, or ware-
boused for exportation; and other parts of such
cargoes, consisting ofgoods the erowih, produce,
or mBDQfaelnre of cDDntries within the limits of
the charier granted to the United Company of
Merchants of England trading to the East In-
dies, not imported oy the said company, have been
warehoused for eiporlatioa only : And whereas,
in consequence of the late events in Portugal,
wine and other commodities have been brousht
from the dominions of the Crown of FDrtugBrii]
Tessris not owned and navigated according to law,
and have been admitted to entry or warehoused
in the same manner, and snbject to the same
duties only, as if the same had been imported in
British built vessels, owned and navigated ac-
cording to taw: And whereas such eoods have
been so entered and warehoused, In obedience to
Orders of Council and warrants of the commis-
•ioners of His Majesty'a treasury, which it has
been deemed' expedient under the circumsiaccea
10 iseue for <uch purposes; which oiders and
warrants, and the proceeditigi (hereupon, were

not authorized by law ; bat it ia expedient, under
the eireumaiaoces, that the same ahould be bb-
thoriied by act of Parliament; and it is also ex-
pedient that the imporiauon ofgoods from coun-
tries from which tbe British Jag is excluded shall
be allowed for a limited time in any vessels:

1. Be it thtnJoTt maettd b^ the IGag't Mo^
ExceUenl Me^ly, by and vnlh the ai&iee axd
amMtnt of the Lord* tpiritual and temporal, and
Commont, in tliie preaent Partiament aatembUd,
and by the authority of the tame. Thai all sueh im-

Eoriations, admiwions to entry, warehonsing for
omcconsutnptinaor for exportation, and securing
in warehouses goods of the produce or manufaeiure
of places within tbe limits of tbe charter granted
to the Bast India Company for exportation only ;
and also all importations and admission* to entry,
and warehousing ofgooda and commuditiea from
thedominionaofibeCrownofPonugaJ, which bare
been made as aforesaid, before the passing of this
act, whether under Orders in Council or by war-
rants of the commissioners of tbe treasury, eball
be deemed and taken Iq b« good io law ; and all
persons concerned in advising, issuing, or carry-
ing the same into execution shall be, and ar^
herehr indemniBed accordingly ; anything in any
act of Parliament to tbe contrary noiwiibsiaad>
ing; and no Tessels,goods, or commodities, wbieh
have been admitted to entry, or imported, or ware-
housed, or secured, under any such order or war-
rant, shall ha subject to any forfeiture, or the
owner thereof be subject to any penalty by reason

2. AndbeU further enacted, That it shall be
lawful for the importers, proprietork, or consignees
of aojr goods or commodities that may have been,
or whicn shall be, brought into any port of tbe
United Kingdom, in any ship or ressel which
shall have come in, in cunsequence of any waro-
io| under the said Orders ia Council, or in any
ship or vessel which shall have tailed from any
port or place within the respective limits enume-
rated in His Majestv's Order in Council of the
twenty-Sfib day of November, one thousand eight
hundred and seven, before the respective day*
specified in the taid order, on or after which days
tbe vessels sailing from such ports or places are
to be deemed to bare received notice of the afore-
said order of the eleventh day of November, one
ibousaod eight hundred and seven, duly to enter
and land any sueh goods or commodities, either
for the purpose of securing ibe sauie in ware-
houses for exportation, or on payment of the fnll
duties of customs and excise <jue thereon, as the
case may warrant ; and that no «bip or vessel so
arriving as aforewtid shall he liable to forfeilora,
or tbe owner* or proprietors thereof to any pen-
alty, by reason of such ship or vessel not beiitg
bnilt, owned, or navigated according to la'w, or
not being in any other respect l^lly authorized
to import into tbis Kingdom the goods or con-
modioesof which the cargo shall consist; nor
shall any goods or commodities, being part of tbe
cargo of any auch ship or vessel so brought in aa
aforesaid, be liable to forfeiture, or the ownera
tber^f t9 any ponaliy, by reasoa of any such

.yGoogIc

APPENDIX.

Gnat Britain, France, tmd Spain.

1734

ffoods or commoditieB beiaif in piekigM doi kl-
loireil by law, or Tor beio^ id any oiber mmDer

C'ohibited to be imported into thu kingdom, any
w, custom, or usage, to Ibe eoDtrary noiwiib-
BtaodiDg.

3. And be a further enacted. That it ihall be
lawful for His Majesty, by Order in Council, or
license, sod in Ireland for ibe Lord Lirutenaat,
or olber Chief QoTernor, or Qovernors, and the
Privy Council of Ireland, by Order in ConDcil,or
license, when and at often as the same Bhall be
jadged expedient, to permit, during the conlinn-
nnce of hostilities, and until (wo muntbs after the
commencemeal of the neii session of Parliament,
may such goods, wares, or meTcbandiie, as shall
be specified in such Order in Council, or license,
to be ioiporled into any port of Great Britain or
Irelaad, resMctively, from any port ot place from
which the British flag is excluded, in anjr ship or
vessel belonging toany country, whether in amity
with Hia Majesty or not ; any law in force in the
United Kingdom, or in Ureal Britain, or Ireland,
Ksp«ctively, to the contrary in anywise notwith-

4. Praoided aiwa/a, That nothing herein con-
tained shall extend, or be construed to extend, to
exempt from seizure any goods brcommodi
which shall be unshipped, or aitempied to be
■hipped, for the purpose of being illegally c
reycd on shore, or before due entry shall have
been made thereof.

5. Andbeil/uriherenacUd, That ibisact may
be altered, amended, or repealed, by any act or
acts to be passed in this session of Parliament.

Mr. Canning to Mr. Rakusy.

FosBioN OrrtcB, Mav 4, 1808.

The undersigned, His Majesty's principal 9ec-
retfiry of Bute for Foreign Affairs, has receired
His Majesty's command to aequaiot Mr. Pinkney
that His Majtily has judged it expedient to <
tablish the most rigorous blockade of the port
Copenhagen, and of all the other potts in t
island of Zealand. Mr. Pinkney is therefore re-
qnesied to apprize the American consuls and mer
ehants residmg in England, that the entrances ol
all the ports above mentioned are, and muit b(
considered as being, in a state of blockade ; am:
(hat, from this time, all the measures anthorized
by the law of nations, and the resp?ctire treaties
between His Majesty and the difierent neutral
Powers, will be adopted and executed with re-
spect to all Teasels attempting to violate the said
blockade after this notice.

The tmdeTsigned requests Mr. Pinkney to accept
the assurances of his high consideration.

An Act to Mgnlale the trade betWMn Great Britain

and th* United Statas of America nntil the end of

the oral saasion of ParliamanL [June 33, 1S08.]

Whereas it IsezpedieDl to permti goods, wares,

and merehandise, being of the growth, produce,

aad manufacture of the Unitad Suisi of Amei-

I, to be iiDported directly from thence into
Qreat Britain, in Biiiish ot American ships or
vessels, subject to suoh duties only as are payable
on the like commodities when imported from
other foreign countries; may it therefore pleaM
lur Majesty, that it may be enacted :
And be it enacted by the Xing'* Mot ExedienI
Majetty,bi/ and vith the advice and content of Iha
Ijvd*»pirilualandtemp<Tral.andCommon»,inthit
preeent Parliameni aetenMed. and by the author-
ity of the tame', Thai, from and after the end of
the present eesiion of Parljameni, it shall and
may be lawful for any person or persons to im-
port into Oreat Brjuin directly from any of the
territories of the United States of America, in
British built ships or vessels, owned, navijrated,
and registered according to law, or In ships or
vessels built in countries belonging to the United
States of America, or any of them, or in sbipa
or vessels taken by any of the ships or reuels of
belonging to the Oovernment or any of the

cnmmissioDS or letters of marque and reprisal
from the Ooveroment of the said United States,
and eondemned as lawful priie in any Court of
Admiralty of ibe said United States, of which
condemnation proof shall be given to the Com-
missioners of His Maj en ty's customs, or any font
or more of them, in England or Scotland, re-
Kpeciively, and owned by the subjects of the said
United States, or any or them, s •''--'

master and three-fourths of the
are subjects of the said United Slates, any goods,
wares, or merchandise, the growth, production,
and manufaclureof tbesaid United Slates, which
are not probibiled by law to be imported from
foreign conntries, and to enter ana land such
goods, wares, and merchandise, upon payment of
the duties, and subject tn the conditions and reg-
ulations hereinafter mentioned ; any law, custom,
or usage, tb the contrary, in anywise notwith-
standing.

2. And bf it JitrUter enacted, That all sncb
snods, ware*, and mercbsndisej' imported into
Onat Britain, either in such shipi or vessels, or
in British builishtpt or vessels, owned, navigated,
and registered according to law, shall and mar
be entered and landed, upon payment of sucli
duties of customs and excise, and no higher, ex-
cept as hereinafter is provided, as are payable on
goods, wares, and merchandise of the like denom-
ination or deseripii,on, upon their importation
into Great Britaiu from any foreign country:
and in cases where different dutiei are imposed
upon goods, wares, and merchandise of the lika
denomination or description, imported from dif-
ferent foreign conntries, then upon payment of
the lowest duties which by law are now required
to be paid on the importation of any such goods,
wates, or merchandise from any other foreign
country ; Praoided aivayt. That where any
goodi^ wares, or merchandise, are imported frum
the said United States, in any ship or vessel not
being British built, owned, navigated, and regis-
tered according to law. such goods, w^res, aitd
mercbandise shall be aubject and liable to lh«

.yGoogIc

ITU

AFPBNDIX.

■ Qreal Britain, iVanee. and apaJm

17S«

diiti«a iat aod ptyable on iimilar ■niclea when

beinf ibe Eco^ih or production of any of ibe
terniohH of the United State* of Amrriea. may
be imported inlo OreilBriiain in British or Amer-
ican iblu or vesiela, owned and DBvigaled as
bcreiubMore required, upon payment of ibe ume
dutieo of cuMoroi and excise aa are now paid on
tobaeco imported by British Eubjeeia from any
Briliah colony or planiaiion in America) and
that any iDuff, being the production and manu-
Jaclure of taj of Ine aaid lerriioriet, may be im-
lKWt«d into Oreat Britain io manner before men-
tioocd, npoB pvymeol of niob duiiea of cualomi
and exciae, m iduS) being th« praduclion or mao-
vTactura of Europe, Imporied from Europe, i* sub-
ject lo,Bnd may be warebouaed and again ei ported,
aneh lobaoco and muff (o be aubjeet respc eiifely,
levcttbeleaa, to all and aiogulaT the regulationa,
lealriclionH, penalties, and furfeilurea, relaiing to
ibeimpotiatiovand eiporcation thereof, of in any
other respect relating thereto, of an act made
and paued in the twenty-ninth year of the r
of his preaeni Majeaty, entitled "An act for re-
pealing the duties OQ tobacco and snuff, and for
granting new duties tn lien thereof;" and of
another act, pa««ed in the thirtieth year of hi
present Majesty's reign, entitled "An act to ei
plain and amend an act made in the last session
nf Parliament, entitled 'An act for repealing the
duties on tobacco and snuff, and for granting new
duiiea id lien thereof, or of any ottier act aince
made relating thereto :"> Pnmided aiway, ,Tbmt
■Bch tobacco shall be aecompanied by a manifeai
u by law required.

4. And bt it further tiuteUd, That all good),
wares, and mercbandise, ao imnoried from the
United States of Anlerica, shall, upoa the ex-
portation thereof from Qreat Britain, be etitiited
to the same drawback* a» are by law allowed
upon the exportation of goods, wares, and mer-
obandise of ihe like denomination and descrip-
tion when exported from Oreac Britain ; and that
there ahall be allowed and paid the same draw-
backs and bounties on goods,- wares, and mer-
ebandiae exported from Qreat Britain to the ler'
■itoriea of the said United Slates, or any of them.
a* are allowed by law upon the uportaiion of
poods, wares, or merehandiia of the like deni>m-
inatton or description, loaoy of the inlands, plan-
tations, or colonies, belonging to the Crown of
Oreat Britain, in America: Fromded oAoaja,
That nothing in this act contained shall extend,
or be eonslrned to extend, to repent, or in anywise
t*i alter, ibe duties of package, scavage, balliage,
ac portage, or any other dniies payable to the
mayor, commonalty, and cilizeoa of the city of
London, or to the Lord Mayor of the said city
Cor the time being, or to any other eity or town
corpoiats within the Kingdom of Qreat Britain,
or 10 repeal or in anywise to alter any special
privilege or exemption to which any person
persons, bodies politic or corporate, is or are nc .
entitled by law ; but the same shall be eoDtianed
aakaratobn.

6. And be it further enacted. That the duties
of euMoma and exeiae upon, for. and in respect
of any goods, wares, and merehandise, imported
into ureal Britain from the said United States,
by virtue and under the authority of this act,
shall and may be respectively managed, aseer*
lained, raised, levied, eoHeeted, answrred, paid,
reeoTcred, allowed, appropriated, and appltetf,
in such and the like manner, and in or by any or
either of the means, ways, or methods, by whicb
the duties of custom* and exeiae, and drawbacks
of duties of eosioms and excite upoo goods,
waief, or merchandise of the same sorts or Kinds
respeciivriy imported from or exported lo anir
other foreisn country were or might be ro^amgea,
ascertained, raised, levied, collected, answered,
paid, reeoterrd, allowed. appropriated, and applied,
and the goods, wares, or merchandise, so by ibis
aet respeeiively made liable to the payment of
or chargeable with duties of' customs aod excise,
or so entitled lo drawback of duties of cnstoms
and exetsr, npon the importation thereof into, or
exportBiion thereof from Qreat Britain, or on
Boy other account whatever, shall be. and the
Mme are hereby, made subject and liable to all
and every the conditions, regulmions, rulea, re*
strietions, aod forfeitures, to which goods, wares^
or merchandise in general, and also all and ererf
the special conditions, rules, reatriciions. r^itla*
tioos, and forfeitures, respectively, to wiiich the
like goods, wares, or merchandise respectively
were subject aod liaUe by any act or «ets or
Parliament in force on aod immediately before
the pasting of thia act, reepec ting the revenues
of customs and excise; and all and every pain,
penalty, fine, or (orfeiiure, of any nature or kind
whatever, for any ofieace whatever committed
against or ia breach of any act or acts of Paiiia-
ment in force on and immediately before the
pasting of this act, made for securing theieveaiia
of customs and excise, or for (he regnlation ot
improvement thereof, aod the several clauses,
powers, and directioua therein contained, shall,
anil .are hereby, directed and declared to exleoo
to, and shall ne respectively a.pplied, practJsei^
and put in execution for, and in respect of, the
several duties of customs and excise and draw-
backs of duties of customs and excise, hereby
charged and allowed, in a» full aod ample man-
ner, to all intents and purposes whatever, as if
all and every the said acl^ clauses, provisions,
powers, directions, fines, patns, peni^ties, or for-
teilures, were pu-Iicularly repeated and re-enact-
ed ia the body of this act.

6. Provided aheaye, aod be it enacted. That it
shall and may be lawful for His Majesty, by and
with the advice of his Privy Council, by anf
Order in Conncil, or by any proclamation made
for that pnrptne, to cpuse tbe provixtMs of this
act to be suspended fur such time a.^ His Majesty,
his bairs. ana soeoessors, may deem ^pedientaad
necessary ; aaTlhlng io this act to the oonlrary

. . 7. AndbeU^imureaaetad, Tbattbiaaetsball
continue in force ID the end of the next setsioa
of Parliament.

.yGoogIc

mr

APPENDIX.

Great Britain. Frtmee, and Spain.

17S8

By the HoDOTmble Sir Ale»ndcT CocIinDv, K.

Re>T Admira] of At Rsi], tnd Com mandBT-in -chief

of Hif MaJMty'i ihip* and Tnaeb euploTcd and, to

be emplDj'ed at Birbadpea, the Leeward lalandi.du:,

Whirraj BD iinimation haa been receired from

the right hoDorable Lord Viscount Castlrreagb,

one of His Majesty's priDcipal Secretariea of

Sla», thai Ihe alrictest oaral blockade i> to be

esMblished over the leeward French Caribbean

ifclaoda; ihe aeTerat eapiaios, coRimaDderg, bik)

commandiDg officers under myordera. are hereby
euthorizfd and directed to stop all neutral vessela
destined for any of the porK of the said inlands;
and if they shall appear to be i^tiorant of the
existence of the bloc lade, and have do enemy's
property on board, the niastera of such neutral
vessels shall be apprized thereof, and warned not
to proceed 10 such porta, and a notice written to
that effect upon one or more of the principal
ahip's ^pers.

But if a neatrvl vessel shall appear to be ao
warned, or to be otherwise informed nf the exist-
ence of the blockade, or to have sailed from heriaat
cl<!arin^ port after it may be reasonablyaupposed
that this notification might have been made pub-
lic there, and yet be found attempting or iniend-
iog to enter either of the porta of the said islands,
such vessel shall be seized and aent into port for
legal adJudicBiion. And with respect to neutral
vessels cotniog out of said ports, having any colo-
nial produce, goods, or mercbaifdise on board,
appearing to have been laden after knowledge of
the blockade, snch vessels shall, in like Tnaoner,
be seized and *ept in for legal atijudication.

Given on board the Belleiste, Carlisle bay,
BarbaJoea, October 14, 1808.

ALEXANDER COCHRANE.

By command of the Rear-Admiral:
JOHN S. TRACEY.

11.— The Decreet o/" Fntxce.

1793, May 9. Aathorizes French vessels to ar-
rest and brin^ into the pnriBof the Republic ves-
sels laden with provisions destined for an enemy
port.

1793, May 23. Exempts American veraels from
the operatioD of the decree of Ihe 9th.

1793, May 28. Suspends the decree of the S3d
of May.

179^ July 1. The decree of the 23d again en-
forced.

1793, July 27. The decree of the 23d of May
repealed, and that of the Uth of Mnyenforeed.

1794, November IB, (35th Brumaire 3d y«ar.)
<leneral regulations ; the most important ii, that
merchandise belonging to the enemy is made lia-
ble to seizure in neutral vessels, until the enemy
ahall exempt from seizure French merchandise
•imiUrty situated.

1795, Jaanary 3, (Uth Nivose, 3d year.) Re-
peals the fifth article of the above, and exempts
«Qemy goods from capture in neutral vessels.

179S,JalY2, (i4ih Hessidor, 4th year.) The
French will treat neutral nations as they suffer
thenutlves to b« treated by the English.

1797, March S, (17tb Venlose, 5th yesr.) Eae-
my'a properly in neutral vessels liable to confia-
cation ; makes necessary rMes d'figuipages.

1799, January 18, (29ih NivQse, 8ih year.) The
character of vessels to be determined by ibat of
their cargoes.

1799, March 18, (88ih Ventose, 7ib year.) Bi-
plains Ihe fourth article of the decree of the 2d
of March. 17S7.

1799, October 29, (8th Brumaire, 7ih year.)
Neutrals found on board etiemy vessels liable to
be treated as pirates.

1799, November 14, f24th Brumaire, 7th year.)
Suspends the operation of the above decree of
Ihe S9ih oF October.

1800, December 13, {23d Frimaire, 8th year.)
Repeals the first article of the law of the (39ih
Nivow, 6th year,) 18th January, 1798.

1800, December 19, (29ih Ptimaire.Sih year.)
Etiforcea the regulations of the 26th of July.
1778.

1806, November SI. Berlin decree.

1807, December 17. Milan decree.

1808, April 17.' Bayonne decree.

The National Convention, after having heatd
the report of their Marine Committee; consid-
ering t^at Ihe flag of the neutral Powers is not
respected by the enemies of France; that two
cargoes of flour arrived at Falmouth in Anglo-
American vessels, and purchased before the war
for the service of the marine of France, have
been deiained in England by the Government,
who would- not pay for them, except at a price
below that at which flour had been sold :

That a vessel from Papcnburg, called the The-
risia, commanded by Captain Hendrick Kob,
laden with divers effects belonging to French-
men, has been cooducled to Dover, the 2d of
Mareh last, by an English cutter:

That a privateer of the satne nation has car-
ried inu the same port of Dover, the Idib of th«
same month, the Daniah ship Mercury, Chris-
tianlund, Captain Freuchen, expedited from Duo-
kirk . on the 17lh with a cargo of wheat for
Bordeaux :

That the ship John, Captain Shkleley, laden
with near sis thousand quiDuUs of Amenni
wheat, bound from FalmoHdi to Bi. Halo, hu
been taken by an English frigate, and candaoied
to Guernsey, where the agents of the Go vers-
ment have simply promised to pay the value of
the cargo because tt was not on account of the
French:

That one hundred and one French passeogen
of different prafessions, embarked at Cadiz, by
order of the Spanish Minister, in a Ocooese ship,
called the Providence, Captain Ambrose Bruisca.
bound to Bayonne, have been shamefully pill«gea
by the crew of an English privateer :

That the divers reporu which are sneoeastfely
ma^ by the- isuiliae eities of the RepnbKc «*-

.yGoogIc

APPENDIX.

Gnat Britain, France, and Spain.

1740

noUDceihal iheu Hme act» of inbiimaniir and
injusike are daily multiplied aod repeated with
linpanJIjr ibrougbuul the «eai :

Thai, under Kuch circumtiaDceg, all the right*
of nations beiofc violated, the French people are
no longer permuted lo fulfil towirdi tbe neutral
Poweri in senerai, the vowt which thejr have so
often Riauireiied. and which they willcoDstaDily
make for Ihe full and entire liberty of commerce
and DaTJgalioii, dectfeiai follows;

Abt, 1. The French ihips of war and priw-
t«ers may arreii and brini into [he ports of the
Republic, the neutral vestels which iball be laden
wholly, or in part, either with articles of proTi-
•ioD beloDgioE to neutral nations, and destined
for an enemy's port, or with merchandise* be-
longing loan enemy.

Art. S. The merchandiie belonging to an en-
emy (h*ll be declared good prize, aod coofikceted
to the profit of (he captors j the ariiclei of provi-
•ioDs belonging to neutral nations, and laden for
■D enemy's port, shall be paid for according I o
their faine id the place to which ihey were
destined.

Art. 3. In all case* the neutral resieli shall
be released as soon as the unlading of the ant-
eles of jiroritioD arrested, or of ihe merchaadisei
seized, shall here been effected. The freight
thereof shall be paid at the rate which shall ha«e
been stipulated by the persons who shipped them.
A just indemnification shall be allow^, in pro-
portion to (heir detention, by tbe tribunals who
are to have oognizance of the Talidily of the
prizes.

Abt. 4. These tribunals shall be bound to
transmit, three days after (heir deeiaion, a copy of
the invenlory of the kaid articles of provision or
mere band ite, to the Minimer of Marine, and ano-
ther to the Minister for Foreign Affairs.

Art. S. The present law, applicable to all the
prize* which have been made since the declara-
tion of war, shall cease lo have efl'ect as aoon as
the enemy Powers shall have declared free and
not aeizable, although destined for the ports of
the Republic, tbe articles- of provision belonging
to neutral nations, and the merchandises laden in

Decree of the Natwnal ConTentJon of the SSd Hay,
which declares that tbe <resM4> of the United States
*ra not comprehended in the diipontions of the de-
crae of tbe 8th of May.

The National Convention, afler having heard
the report of their Committee of Public Safety,
wishing to maintain the union established be-
tween the French Republic and the United
Slates of America, decree that (he veesels of the
tJnited Biaies are not comprehended in (be dis-
poMlions of the decree of the 9th of May, con-
formably to the sixteenth article of the treaty
concluded on the 16(b February, 1778.
True copy : LE BRUN.

repealed that of the 23d May, as to place in a
state of promional sequestration the property
seized under the decree of the 9lh May. No
copy of this decree of the SSih Hay is lo be found
in (be Depar(meDt of State.J

Copy of the decree of the Nstional Contentiaii of the
1st Jaij, 1TS9, second year of the French Republic,
which eianipts fltm the dispantionsof thedeoee of
theVth May, 1793, the Towelsof the United eute^
The CoDventioD, after having heard the report
of the Coramiiiee of Public Safety, wifhing to
maintain the union established between the
French Republic and the United States of Amer-
ica, decree* that tbe venels of the United States
are not comprised in the dispositions of the de-
cree of (he Bih of May, conformably to the six-
teenth article of the (rea(y ctmcluded (be 6th of
Pebrnary, 1778.
Certified conformably to the oriKinal :

DEPORGUE.
[Note. It appears that, on the 27th of Joiy,
(he ConveiKion again put in force the decree of
tbe 9lh May ; bat no copy of the act by which
(his wBs done is (o be found in the Deoartment
ofStale.J *^

Extract ftom the Register of An«t* of the Committee of
Public Safety, Pinsnee, and 8npfiiea.
25tb' BauMtiRE, 3d year qftht

Republic, (A&oemfter 18, 1794.)

The Committee of Public Safely, Commerce,
and Supplies, order as fallows:

AsT. 1. The vessels of the United Slates of
America^ and (hose of other neutral Powers. j>hall
be pertniKed to enter the poru of the Republic
and retire from them wheti they please ; nor shal)
it be permitted to any constituted authority (o
retard (heir departure, or to oblige the captains
to sell their cargoes against their will.

Abt. 2, When the capuins or owners of neo-
Iral vessels are disposed lo sell their cargoes to
the public, tbey shsJl be paid for them according
to the bargain which they make.

Abt. 3. It is enjoined to all the commandanis
of Da*al armanents, fleets, divisions, nod squad-
rons of the Republic, to respect and cause to be
respected, upon (heir responsibility, in favor of
the neutral and allied Powers, the rights of na<
lions and the siipulaiions of treaties, conforming
themselves strictly to the terms of the decreed
the Convenlioii of the 27ih Jdy, 1793.

Art. 4. In consequence, they areezpressly pro-
hibited from turning these Tessels from theii
course ; taking from on board of them their cap-
uins, sailors, or passengers, other than aoldiers or
sailor* actually in the service of an enemy Power,
or of seizing the effects or merchandiaq which
shall be found in them.

Art. 5. Are excepted from (he prohibit ion con-
tained in the preceding article —

1. Merchandises, belonging (o (he enemies of
(he Republic, until such enemy Power* shall
have declared that the merchandiHeeof the French
shall be free on board neutral veaseb.

.yGoogIc

1741

APPENDIX.

Great Britdin, France, and Spain.

2. SQch merchandisei or the n«atral PowerB,
■bo, IS are deemed eoDtrabaad of war, and gnder
which are comprised all arms, instrameDU, and
munilioDs of war, and ererf kiod or merchandise
aod oiher effects destined for an enemy's port
aeiuilljr seized or blockaded.

[Articles 6. 7, 8, and 9, regulate. the manoer of
proceeding wbere neutral ressels are broug-hl ita,
upon a presutiiptiDa of hariog eaemy's goods on
board.]

Art. id. The Commimion of Nfarine shall
present, without delay, a stajemeDi iK the indi-
viduals, born subjects of the Powers with whom
the Republic is at war, who were taken before
the present day upon aeutral vessels, that parti-
cular arrets may be taken in each case.

Art. 11. The iDdemnhies which are due to
the captains of neutral Powers who were detained
by an embargo at Bordeaux, shall be liquidated
without delay by the Cnmmi&£ion of Marine and
Colonies, cotiforniable to ao arr£i of the Com-
miitee of Public Safety of the 17th Germinal;
and this commiuioa shall render an aecount, in
the course of ten days, of the actual slate of these
demands.

Art. 12. The Commission of Marine is spe-
cial^ charged to receive and adjust the accoouts
which shall be preseated to it by an a^eol of the
United States, for such sapplies as the Americans
have furnished to the adminlsiralion of St. Do-
mingo; and it shall take the necessary measures
to procure to the parties interested the moit
prompt justice, and sbalt also present to the Com-
mittees ofPnblic Safely, of Finance. Commerce,
and Supples, the result of its operations in these
respects.

Art. 13. The Commission of Foreign Rela-
tions is instructed to deliver a copy of ihif arrii
to the Minister Plan ipo ten liary of the United
States of America, in answer to his memorial of
the 9th Kructidoi (September 'J) last.
THURIOT,
MERLIN,
CAMBACBRES, &c.

Extract ireai the Register of ArrAta of the Committee

of Public Bafely, of the 1-lih Unom, 3d jesr of tbs

Republic (3d Januarj, 1TS6.)

The Commitles of Public Safety, eonsidering
that, by the twenty-third article of the Treaty
Commerce between Franee and the United Slates
of America, bearing dale on the 6th of February,
177a it is agreed :

1. That the people of France and America
mar narigale reciprocally, in complete safety,
with their vessels, and wiihout exception as to
the owners of the mercbaodise charged upon
such vessels, or as to the ports from whence they
come, and alihoueh the Power for which they
may be destined be actually at war, or bpcome
afterwards the enemy of the one or the oihi
contracting partj; that they may equally naviga:
in fttll safety with their vessels and merchandise,
and frequent the places, ports, and harbors of the
wemisa of both natioii*, or of either, and carry

on trade, not only from the port of an enemy to
that of a neutral Power, but also from different
ports of the same enemy.

3. That free vessels shall make free goods, and
that anything shall be considered as free which,
shall be found on board the vesels of either con-
tracting nation, although it belooK, in whole or-
in part, to the enemies of either tne one or the-
other; contraband always excepted.

3. That the same liberty shall be extended to
those who are are found on board free vessels, al'
(bough they be the enemies of either the one ot
the other contracting nation; and in consequence,
that such persons ihall not he taken from such
vessels, unless they be soldiers in the actual scr-
ee of the enemy.

Considering that the crimes of England, hav-
ing given to ihe war of despaiism against libertjr'
a.character of injustice ana atrocity wiihout ex-
ample ,in (he annals of mankind, the Nalional
CoDVeation found itself obliged, in using the-
right of reprisal, to decree, on the Sih of May,
1793, ibat the vessels of war and cruisers of the
RepubLio might take and eoaduci into the ports of
France such vessels of the neutral Powers as they
<hould find charged, in whole or in part, with
provisions belonging either to lach Powers or the
enemies of France. Soon afterwards, however,
and on Ihe Isl July, 1793, the Convention restored
in full vigor thedisposiuons of the treaty above-
mentioned of the 6ib of February, 1778, but which
were again revoked by a decree of the 27ih of
(he same month, in respect to provisions and mer-
chandises belonging to an enemy; upon which
'alter ground it has stood since, leaving the pro-
risiuns and merchandises of neutral Powers, in
such vesiela, free. In regard to which (he French
Government has not (o reproach itself with hav
ig walled, to show itself just and loyal, that ibo
abinei of London might revoke, as it did a long
(ime afterwards, the order given by it the preced-
ing year (a seize alt neutral vesseU carrying pro-
visions or merchandises into France.

Considering that sinee, and notwithstanding
the notoriety with which this Cabinet cootinuea
insult and violale the rights of neutral nations,
by causing their vessels, charged with merchan-
dise, destined for the ports of France, to be seized,
yet the National Convention has enjoined ii, bjr
the seventh article of the law of the 13ih of this
monib, upon all officers, civil and mili(ary, strictly
to observe, in all their dispositions, the ireatiea
which unite France with the neutral Powers of
the ancient continent, as likewise lyilb (be Uni-
ted Stales of America, declaring all articles of
a contrary import in any other law to be abso-
lutely null and void.

Fully, therefore, to eary into effect the said
law, according to its true intent and meaning, it
is hereby ordered :

Art. 1. The Commission of Marine and ol
the Colonies shall notify, without delay, to all
the commanders of armed vessels, divisions, and

Suadroni the article above-mentioned of the law
the 13th of this month ; and. in consequence
that th«y are lo consider the fifkh article of lh«

.yGoogIc

1748

APPENDIX.

Great Britain, France, and Spain.

an tt of [lie 261 h Brumaire last vbichauiborized
the teiiure of merchandises beloDgioK lo an «na-
my I bat shall have declared French properly oa
board >uch veuel* free, a> now oull aad void.

Abt. 2. Tbp merchaadiMs called cunlraband,
thougli belangiog toa Dcuiral Power, chall cod -
tinue subject to leizure.

Art. 3. All arrn*. inFtrumcniii,and muniiions
of wir, of ecery kiod, horM», and iheir equipajfe,
■Dil all kiod ol mercbandiiCR, and olher rffrcis,
deitiDvd for an enemy's port actually blockaded
or beiiesed, shall be deeiued eoniraband »f war.
CAMBACERES,
CABNOT,
PRIEUR,
A. DUMONT,
CHAZAL,
MARET,
FBLET.

DacTM of thB EiecntiTe DiTsdwr on lb« eondnet of
the flag of (ba French Republic lowarda neutral Tea-
aeU, Mth llaMidn, «lb year (Sd luly, ITOS.)
The Execailve Direciory, considering that, if
it belongs toFfeneh loyally to rnpect [he trealiea
or coD*eD(ioD> which ibsorr to neutral or friendly
Power* the commercial ■dTaotage', of which the
reaolt ought to be common lo the cooiraciing
Poweri, these MDie adiaotsgea, if t bey are turned
to the benefit of our enemies, etiher through the
feeUenessof our alJies or of neutrals, through fear,
from views of interest, or from any other moiire,
woold proToke, indeed, the ineseetiiion of the
'irtieleaoy which they should be stipulated, decree
what follows:

It shall be notified, wilhoDt delay (o nil the
Beatralotailied Powers, that Iheflag of the French
Repablic shall be nsed agaitiiit neutral vesaela,
be It for the purpose of conBscaiion, search, or de-
tention, (vtn(eoupreA«nnon) in thesame maooei
that ihey suffer the English to use theirs in regard
thereto.

The Minister of Foreign Relations is charged
iriih the cxeeation of ihe present decree, which
■hall not b« printed.

Ii merchandise
bslongipg to the enemies of Ibe Republic, and th«
juilgmrnts on Ibe trials rslstive to lbs viliditj of
maritime priles. ISth Ventose, Otb year, (3d
March, ITST.)

TheEiecuiire Directory, having examined tbi
Uw of the 9[h May, 1793, which, forasmuch ai
the flag of neutral Powers not bein^ respected by
the enemies of the French Republic, and all the
laws of oatioDi being vioIatEd to her prejudice, It
is no longer permiiled to ibe French people lo
fulfil towards these Powers, in general, the wish
which it has BO often manifested, and which it will
constantly form, for the full and entire liberty of
commerce and of uarigation. orders, atnoiig olher
things:

1. That Ibe Freoch vessels of war and prtra-
teen may siopuiil carry iato the ports of the Re-

publio neutral vessels, which may be fooud loaded
entirely oi in part with merchandise belonging to
the enemy.

2. Thai the merchandise belonging lo the en*
..ny shall be declnred good prize, and confiscated
for the benefit of the capiors,

3. That, in all cases, the oeutial vessels shall
be releared ihe moment the uoloading of ihe mer-
chandife seized shall have been effected ; that the
freight sbsll be paid at the rates which shall have
been stipulated by the freighters, and a jn>t iu'
demoiiy bball be nltowed for their deteniton bf
tbp Iribuosla whose duty it may be to take cog-
oizance uf the validity of the prizes.

4. That these tribunals shall moreover be bound
lo traasraii, three days after their judgment, a
cony of the inventory of the merchandise lo the
Minister of Marine, and aoother copy to the
Minisier ofForeign Affairs.

5. That Ibe ptesent Uw, applicable to all ptizei
which have been made since the declaration of
war, (hall cease lohave its effect when the enemy
Powers shall have declared free and not seizahle,
ihouEb de^liDed for ihe ports of the Republic, the
mercbandiseloaded on board neutral vessels, which
ihill belong to the French Government or its
citizen*.

Having likewise examined the law of the 27ih
July, 1793, which, in maintaining that of the dth
May preceding, here above recited, orders (bat it
sbould have its full and entire execDtioD, and that,
in consequence, all other regulations which may
be contrary to it are and retnain repealed — a repeal
which evidently comprehends the law, of the 1st
of Ihe »ame muotb of July, by which tbo vessels
of the United Slates of America bad been ex-
cepied from the law of the 9tb May. io conform-
ity to the firieeniharticleof ihe treaty of ihe 6ih
February, 1778.

Having also examined the seveath article of lh«
lawof ilie 13ih Nivo!e,3d year,[3d January, 1795,)
which enjuins on all the agents of the Republic;
on all the commandants of the armed force; oe
the officers, civil and military ; to cause to be re-
spected and observed, in all their arrangements, the
treaties' which unite France to the neutral Pow-
er* of the ancini CootiRent, and to the Dttit«d
Btates of America ; and adds that no blow shall
be aimed at those itealies, and that all regulationt
which may be contrary lo then are anunlled;
coDsideriog that this last taw docs not derogate
from that of the 9ih May,1793,Baveoulyin favor
of those neutral Powers whose treaties actoaijjr
subsisting with the French Republic are eooiraiy
to ill regulaiions ; ibai, consequently, it is imrpor-
lant for ibe information, as well of the eosioBad-
aots of the armed force of the Republic, and of
the vessels commissioned by it, as of the tribuaala
charged with deciding on ihe validity of ihe priaiaa,
to taiie measures for preventing either that it
should be supposed that treaties existed whiah
never were made, or that treaties concluded for a
limited lime which is expired should be consid-
ered as still being in force, or that those wbioh
have been modified since their formation abouid
be coDiidered as yet requiring a literal execuiioB i

.yGoogIc

1746

1V46

Gnat BrilaiH, Framee, and Spain.

that, to thts list dvsOTiptioD belongt particalarlf
the Treat; of Amity ind ComToeree cooeladed

aecoad article of tbU trnty, France )S(9 the Ui
ted BiHtei of America mutnail; engage not to
grant aoy partieulaT favor to other naiioiis, in
relalioD to commeree and navjgatioo, which does
not become forthwith common loiheotiieT pari;;
and that it ii added b; the tame article, ibat this
other partjr shall enjojr the favor gratuiiouily, if
the grant is gratuitous, or ou making the Bame
compensation if ihecrant is conditional; that thus
(he provisioDs attpuTated in faror of England by
(he TreatTof Amu;. Commerce, and NaTigatjon,
concluded at London, 18th Noreniber, 1794, be-
tween that Power and the United States of Amer-
ica, are considered to have been in behalf of the
French Republic itseif; and in consequeoee mod-
ifying, in thepotntswhere they differed, the treaty
concluded the 6th February, 1778 ; that it is agree-
ably to tbese provisions that the French Qovero-
meot has declared, by its decreea of the Uib and
28ihMessidor,4ihyear,(2daDd I6th July,17S6,)
as it is likewise forced to do ai present, that it wilt
ute the just measures of reciprocation which it
had a rifht to exerciw in that respect, in erery-
thing woich has a relation to the circumaiances
of the war, as also to the political, commercial,
and maritime interests of the French R^ublic;
that, consequently, it is necessary to settle, by rec-
oocilina the treaties of the 6th February, 1778.
and 19th November, 1794, every doubt as to the
case where this right of reciprocation ought to
be eiercised:

Considering that there bars been qnite lately
raised, as to the manner of statiug the ptoofs of
properly in the ships aod merchandise pretended
to Mjong to neuirab, donbla and cnolroversies
which never would have taken plaee if the provis-
ions of the ancient legulalioDs relative to this busi-
ness bad been better inown ; that U eoDseqaeiitly
is of importance to recite these provisions, aod to
cause to be executed the Gfih article of th« law of
the 14th February, 1793, which has maintained
them:

After having heard the Ministers of Just! ,
of the Marine, and of the Colonies, decree? what
follows :

Art. 1- The Commissioneis bf the Exeontive
Directory, near the civil tribunals of the Depart-
ments, snail take care that, on the trials as to the
validity cf tnatitime prizes, no judgment shall be
founded on the seventh article of the law of the
13tb Nivose, 3d year, (3d January, 1795,) unless
the Minister of Justice be previously consulted,
in conformity to the third article of the law of the
8th FlorCal, 4th year, (27th Apiri), 1796,} relative
to the treaties iu virtue of which some neutrals
might pretend to withdraw themselves, by means
of the first of these 'laws, from the Hecutioa of
that of the dth May, 1793.

Abt. 2. The Minister of Justice will conse-
qoently eiBinine if the treaties appealed to still
remain in force, or whether they have been mod-
ified ainee theit adoption. He shall berutnisbed,

for this porpose, by the Minister of Exterior Re-

' 'ons, with all the iuformaiion (ren»rifnra«i(«)

which he shall be in want^ and he shall refer

same to the Executive Directory, as is pre-

ibed by the law of the 8th Floreal, 4th year,

(27th April, 1796.)

Aht. 3, The Executive Directory reminds all
French citizens that the treaty entered inio un
he 6th February, 1778, between Prance and the
United States uf America, has been, from the
terms of rtni-econd article, in strict right (deplein
drmt) modified by that which was entered into
n London, on the 19ih November, 1794 beiweea
ihe United States of America and England. In
consequence, agreeably to the sevenieenih article
of the treaty of London of the 19th November,
1794, all merchandise belonging to an enemy, or
not sufficiently proven to be neutral, loaded under
the American flair, shall be confiiicated; but ihe
vessel on board of which it shall have been found
f'hall be released anil returned to the proprietor.
It is enjoined on the Commissioners of the Exe>
euiive Directory to canse to be accelerated, by all
means in their power, the judgment on the triala
which shall take place, either in relation to the va-
lidity of the capture of the cargo, or in retation
10 freight and demurrage, (MureMtaritf.)

Art. 4. Agreeably to the eighteenth af-ticle of
the Treaty of London of th« 19th November, 1794,
there shall beaddedthe following articles'to those
declared contraband by the twenty-fourth article
of Ihe treaty of the Gth February, 1778, viz: wood
for ship building, pitch, tar, and rosin, copper in
sheets,canvass, hemp, and cordage, aad everything
that serves, directly or indirectly, for the arma-
ment and equipment of ve.i5els,«icept unwrought
iron and flr-plank. These several articles shall
be confiscated whenever (bey shall be destined, or
when it is attempted to carry them, to the enemy.
Art. S. Agreeably to the twenty-first article
of the Treaty of London of the IQtb November,
1794, every 'individual known to be Americaa,
who holds a commission given by the eaemies of
Prance, as also every mariner of that nation ma-
king a part of the crew of private or public shipa
{naeira ou vaisttavx) oi the enemy, shall be.
trom that act alone, declareda pirate, and treated
as such, without allowing him, in any case, to
show that he had been forced by violence, men-
aces, or otherwise.

Art. 6. In conformity to the law of the 14tli
February, 1793, the tf^ulatioos of the :ilat Oc-
tober, 1744, and of the 26th July, 1778, u to the
manner of. proving the right of property in noairat
ibips and merchandise, s^ail be executed, accnd-
~ ~ to their form and tenor.

ngtc

in consequence, every American vessel shall
be a good prize which has oQt on board a list of
the crew, ^rd/e d'iquipage,) in proper form, suck
as is prescribed by the model anneied to the treaty
of the 6(h February, 1776; a compliance wi(k
which is ordered by the twenty-fifth and twaatf-
seventh articles of the same treaty.

Aht. 7. It is enjoined on the Commissioom
of the Executive-Directory to call tha aeverilr of
the Itibnoals to the fmudalcnl maiuBUVte* of

.yGoogIc

1747

APPENDIX

Gnat Britain, fVwiet, aad Spain.

1748

•Tcry ihip-owaer calliM himself* neutral Amer
icsD, OT oiher, on boaroa vewei in which ifaall
be round, It has frequently been done durtpg the
pretent war, either mariiiuie papers (^papitr* de
nur) ia blank, ihoufth (if ned and sealed, or pa-
pers, in form of letters, coDtaining the lignaturcs
of iadiriduals, in blank ) or of double pastportu
or •ea-letiiri, wblch indicate difTerent desiinaiiDBi
to the Testel; or double invoices, bills of ladinfc,
or any other sbip papers, which assign id the
whole or to a part of the same merchandise dif-
ferent proprietors or diflerent destinatioot.

Abt. B. From ibe regulationi of the present
decree, that of the 9th Frimaire last, (29(h Novem-
ber, n95,) concerning the freights and demur-
lage, is referred to what relates to the demurrage
only.

The present decree shall be inserted in the bal-
letio of^tbe tawi. The Minister* of iba Marine
Bod of the Colonies, of Jnitiec, and of Foreign
Relations, are charged with itt executiODT-each
lue in what concern* him.

S9rB NiTOSB, 6tk tb*b,

(IMA Januaty, 1798.)

AAer baTing heard the report of a special
commiMJoo on the message of the BxecuiiTC
Directory of the 15ih Nirote, relative lo English
merchandise; considering that the interest of the
Republic requires the most prompt measures
■gainst all Teasels which shall be loaded with it:

Abt. 1. The charicter of Tessels. in what con-
cerns their quality as neairal or enemy, shall be
decided by ineir cargo. In consequence, every
Tessel found at sea laden in whole or in part with
merehandiae coming Cpnmenanf) from England
or her possessions, shall be declared good prize,
whoever may be the proprietors of these produc-
tions or merchandise.

Art. 2. Every foreign venel which shall, dur-
ing ber voyage, have entered a port of England,
aball not be admitted into a port of the French
Republic, save only when there is a necessity for
her entering [de rel&cht,) in which case she shail
be bound to leave the said port so soon as the cause
of her entering it (cfa Ml rvlficAe) shall bave ceased.

Deena of the Eiecutin Directory, in eiplanstian
that of the 13th VeatMt, ftth year, (Sd Msrcb, 1 767,)
aMeeniiiig the navigatioii of nentnl veseele, of the
IStil Ventoea, 7th jav, (18th March, 1TS9.)
The Executive Directory having examined its
decree of the 12tb Veniose, 5th year, (2d March,
179?,^ concerning ibe navigation of neotral ves-
sels, loaded with merchandise belonging to tbe
enemiesof the Republic, and the' judgment on the
(rials as lo the validity of mariiiroe prizes; con
sideling that the fourth article of That decree, in
what relates to tbe rtlee iFitptipage* with wbicb
neutral vessels ought to be furnished, has had im-
proper inierprelatioDs, »o far as concerns the rMea

d'iqmpagtt at American vesaela, and thai it is
time to do away the obatseles resulting iberefrom
to the navigation of Ibe vessels of that nation.

After having heard tbe Minister of Exterior
Relations Bad the Minister of Justice declare that,
by the fourth articleof the said decree, it was not
understood that the navigaiton of Amerieao ves-
sels, relatively; to the form of their rWet tTiqui-
p(ifn,wassubjected toother conditions than those
imposed on all neutrals by the twelfth article of
the ordinance of 1744, and by the ninth article of
the aeth July, 1778.

The Miniaiers of the Marine and of Jnitice,
each in what concerns him,' are chafed witb tbe
execution of tbe present decree, which shall be
inserted in the bulletin of laws.

Decree of the Executive Directory ea to tboae wbo

oorapoaa the eiewf of the veMals of the enemies ef

Pranee, 8th Bmnaiie, aevenlh year, (October %i,

17119.)

The Executive Directory, on the report of tbe
Mioiaterof Exterior Relations, considering that
the squadrons, privateers, and veseels of England
and RvMia are in part manned by foreifoers;
considering that this violation is a fflanifest abase
of tbe law of nations, and that the Power* of
Enrope have not taken any measures to stop it,
decree:

Abt. 1. Every person, native (ou origataiTt)
of friendly countries allied to the French Repub-
lic, or neutral, holding a commission given by the
enemies of France, or making part of the crews
of the vesselsof war or other enemy vessels, shall,
for tbat act alone, be declared a pirate, and treat-
ed a* such, without beine allowed in any case to
allege that he was forced by violence, mebaces, or
oiberwise.

Abt, 2. Tbe Executive Direeiory of the BatB<
vian, Ligarian, Cisalpine, and Roman Republics,
shall be informed of this measure.

Abt. 3. The provisions contained in the first
article shall be notified to tbe Powers nentral or
allied to the French Republic.

Decree of the French Rspobtic on (he mode ofeiecnt-

ing its decrees of the 8tk Bnimaire, 7^ ;ear, (39lh
- Octobar, 1799,) concerning those who ciKiipaee tbe

crews of enemj vessels, S4lh Bromaire, 7th jeai,

(Uth November, 1799.)

Abt. 1. In execution of the third article of tbe
decree of the Executive Directory of the 8ih of
this monih, the allied or neutral Powers aball be
invited to take the necessary measures for recall-
ing, within a time which shall be fixed, those mar-
iners of their respective nations, actually embark-
ed on board the vessels of war or other vessel*
belonging to England.

Abt. 2. Tbe Ambasaadors, Ministers, and En-
voys of the Republic near tbe respective Power*
shall receive jmnicular ioairuciions on this tub*
jeci.

Abt. 3. Tbeperiod of the execution of the de-
cree of the 8tb Brumaire ^all be determiDed by a
subsequent decree.

.yGoogIc

1749

APPENDIX.

Great Britaat, France, and Spain.

Abt. 4. The Minnur of Exterior RelatioDs is
chiTfced to make unD^cmeDbi wiiti the MioiEier
of MRrioe rdiI the Coloaies for the execution of
the ptewQt decree..

Article 1. The first article of the law of the
29[h NiTose, 6th year, ^Bih January, 1798,) rela-
tive to parilime crnisinic, is lep^iled.

The Consuls of the Republic order that the
abore law shall be published and eietiaied. and
(hat the mbI of the Republic shall be affixed
to it.

Done at the National Palace of the Consuls, of
the Republic, the 23J Frimaire, 8ih year, (13lh
December, 1800) of the Bepablie.

ROGER DUCOS,

SIEVES,

BONAPARTE.

Decree of the Coniala of Aa Republic wbidi pate in

force the OTdioaoee of the 36th Jnlj, 1778, concem-

iDg the nsTigstion of neutral *aHMU, SBth Frimeins

Sth yeu,) I9th December, ISOO.)

The ConstiJs having examined the law of the

23d Frimaire, Sih year, (13th December, IBOO,)

which repeals the first article of the law of the

35[b Nivose. 6lh year, {\Aih Janaary, 1796,) rela-

tiTe to maritime cruising; considering that the

lepeal of that law necessarily reaews that state

of the law aniecedenity existing:

That this, at Gled hy the ordinance of the S6lh
July, 1778, is considered the most proper to con-
ciliate the ioierests of the Republic with the rights
of neutral Powers; wishing to prevent, on the
part of the French or neutral owners, {atma-
faurv,) errors or interpretations which shall coun-
teract the views under which the law.of the 29ih
Nirose, 6th year, (ISth January, 1T9B,] has been
repealed, decree what follows:

Art. 1. The regulations preacribed by the or-
dinance of the 26th July, 1778, coocerniDS the
navigation of neutral vessels, shall be striciry ob-
served by all those to whom they shall be appli-
cable; but. in case of a contravention on their
part, they are to suffer the conGscaitona and con.
demnations in damages fixed on by the said ordi-
nance and the laws.

Art. 2. The Ministers ofJusiice, of the Marine,
of Ex teiior Relations, and of the Finances, arc
charged, each one in what concerns him, with tht
execution of the present decree, which shall be
inserted in the bulletin of the laws.
The Consuls of the Republic :

BONAPARTE,

ROQER DOCOS.

Napoleon. Emperor of the Fmich and King of
Itdy, consitming:

1750

ight of

1. TbatBngland does i
alions as uo' " '

ized people ;

2. That she declares as an rnemy every indi*
vidn&l belonging to an enemy State, and, in eoD-
seqnence,' makes prisoners of war, not only the
crews of armed vessels, but aUo of merchant Tea-
sels, and even the supercargoes of the same j

3. That she exteods or applies to merchant res'
sels, to articles of commerce, and to the property
of individuals, the right of conquest, which can
only be applied or extended to what belongs to an
enemy Sute ;

4. That she extends to ports not fortified, lo
harbor* and mouths of rivers, the right of block-
ade^ which, according to reason and the usage of
civilized nations, is applicable only to strong or
fortified ports ;

5. That the declares blockaded, places before
which she has nut asiogle vessel of war, sltbaiiglt
a place ought not to be considered blockaded but
wnen it is so invested as that no approach to it
can be made without imminent hazard ; that she
declares even places blocltaded which her united
forces would be iocapable of doing, such as entire
coasts, and a whole empire ;

6. That this unequalled abuse of the right of
blockade has no other object than to interrupt the
communications of different nations, and to ex-
tend the commerce and industry of England upon
the ruin of Ihose of the Continent ;

7. That this being the evident design of Eng-
land, whoever deals on the Continent in English
merchaodiie favors that design and becomes ak
accomplice;

8. Thaa this conduct in Boetand (worthy only
of the fiist ages of barbarismi) has benefited her,
to the detriment of other nations ;

9. That it being rishl to oppose to an enemy
the tame arms she makei; use of, to combat as she
does, when all ideas of justice and every liberal
sentiment (the result of civilization among men)
are disregarded ;

We have resolved to enforce against England
the usages which she has consecrated in her mai^
itime code.

The present decree shall be considered as the
fundamental law of the Empire, until England
has acknowledged that the rights of war are the
tame on the bind aa at sea; that it cannot be
extended to any private property whatever, nor to
persons who are not military, and ontil the rigttt
of blockade be lestreioed to toriiSed places, actn-
ally invested by competent forces.

Imperial Decree of the Slit November, IBOfl.

Art. 1. The British islands are declared in >
(tale of blockade.

Art. 2. All commerce and correspondence with
the British islands are prohibitrd. lo cona»
quence, letters or packets addressed either to Eng>
land, to an Englishman, or in the English lan-
guage, shall not pass through the post office, and
shall be seized.

.yGoogIc

1T61

APPOTBIX.

17S2

Qnat Brilam, /Vwtw, and SpaiM,

Art. 3. EveTf sobject of EuKland, of whit
nnk Bad cODdltioD soever, who Bhall be fuuod id
the eountriM occupied by our troops, or bjr thota
of our ailiea. ifaall be made* ptUoaer of

Abt. 4. All magBZineB, merchiDdise, or prop-
erty wtaat^oerer b«laDsing to a sobject of Eng-
land, nhall be declared Titrful prize.

Art. S. The trade io Eogltali merobaodifie ii
forbiddeo. All merehandiie beloDfciDg to Eng-
laad, or comiac from itt manufaetoriea and colo-
aJM, ii declired lawful prize.

Aht. 6. Oae-half of the ■procetAi of the coo-
fiicBtioQ of the merchandise, end properly de-
clared good prize by the preceding •riicUt, Rhall
be applied Io iademairy ibe merehaota for tke
louei which ihey hare suffered by the capture of
ineretiaDt Teiseli by Eng-liih cruiien.

Abt. 7. No Te«Bel coming directly from flog*
laad, or friwi the Engliih colooie*, or hariog
beea there lioce the poblicHtioa of ibe preacnt
decree, Hball be received in any porL

Art. 6. Every vewel coDlraTening the above
clauae, by meana of a false deelarmtion, ihall be
seized, and llie renel and eargo eoafiscated as if
they were English properly. <

Art. Q. Our Tribunal of Prizes at Paris ii
ebaiged with the deGoilive adjudication of all
' s which may arise within our Soi-

Our Tribunal of Prizes at Milau shall
be charged wilh the defiDiiiveadjudieaiionof the
uiil eontroversiei, which mav arise within tfai
•zient of our Kingdom of Italy.

Art. 10. TheptMentdecreeahall be cotnmu'
nicated by our Minister of Exterior Relations ii
the Kingii of Spain, of N'ples, of Holland, of
Eiruria, and Io our allies, whose snbjeoli, like
oars, are the victims uf the injustice and the bar-
barism of (he Etiglish maritime lawa.

Oar Ministers of Exterior Relation*, of War,
of Marine, of Finances, of Police, cod oar Post-
matters General, are charged each in what eon-
ceros bim with the eiecutioa of the prMeni
deciee.

Smrmaxi Dscaas^-Kejoiiidar to His Britannio Mi
jest's Order in Cooiitil of the tlth at Novamba
1807.

Otnerring ihe measures adopted by the British
<!}overament,otithellthNore[Dberlaai, by which
Teisels belonging Io neutral, friendly, or even
Powers the allies of England, are made liable,
not only to be searched by Kogliib cruisera, but
te he compulsorjiy detained in -England, and to
b*te a lax laid on tbem of so much per eenl. on
the ca^o, to be regulated by the British Legiala-
tttre:

Obaerviag that, by these aets, ibe British Qor-
ernmeni deoationaliiei ship* of every nation in
Europe; that it is not competent for any Govera*
Dient to detract from its own indepenifeQee and
rights, all the Sovereigns of Europe having in
trust the Eorereignties and independence of the
flag ; that if, by an iinpardonable weakness, and
which in the eyes of posterity would be an iad(^l-
ible stain, if such a tyranny was alloved to b«
estsblished into principles, consecrated by usage,
the English woum avail themf^elves of it to assert
il as a right, as they have availed themselTet of
the tolerance of Qovernnient U establish the ia-
famoUB principle that the dag of a naiioo doe>
not cover goods and to have to their right of block-
ade an arSilrary extension, and which infrin^^es
on the sovereignty of every State; we have de-
creed and do decree at follows :

Aht. 1. Every ship, to whatever nation it may
belong, that shall have submitted to be searched
by an English ship, or to a voyage to England, or
shall hare paid any ux whatsoever to ibe Eo^
lish OovernmeDt, is thereby, and for thai alone,
declared to be deoalionalized, to have forfeited
the protection of its King, and to have become
English property.

Art. 3. Wbeiher ibe ships thus denationalized
by the arbitrary measures of iheEDglishOovern-
ment enter into our jraris, or those of our alliea,
or whether they fall ioto the hands of our shipa
of war, or of our privateers, they are declared ts
be good and lawful prize.

Art. 3. The British islands are declared to be
in a state of blockade, both by land and sea.
Every «hip, of wbAiever nation, or whatsoever
the nature of its cargo may so be, that i»ilM from
the ports of England, or those of the Enf[iish
colonies, and of the countries occupied by Eng-
lish troops, and proceeding Io England, or to the
Baglith colonies, or to countries occupied by
English troops, is good and lawful prize, as con-
trary to the present decree, and may be captnred
by our ships of war, or our privateers, and adjudg-
ed to the captor.

Art. 4. These measures, which are resorted to

ily io just retaliation of the barbarous system
adopted Dy England, which assimilates its legia-
iaiion to that of Algiers, ahaU cease to have aay
effect with respecl to all UBlious who shall hsie
the firmness Io compel Ihe English Government
to respecl their flag. They shall continue lo be
rigorously in force as long as that GovernmeDt
does not return to the principle of the law of na-
lioDs, which regulates the relalioos of civilized
States in a stale of war. The provisions of the
present decreeshall be abrogated and null, in fact,
as soon as the English abide again by the princi-
ples at the law of nations, which are also Ihe
principles of jnaltce and of honor.

All our Minislera are charged with the necn-
lion of the present decree, which shall b« inserled
in the bulletin of the laws.

NAPOLEON.

By ariei of tlM Enpcroi :

H. B. MARET, .Sbcrafoty qfSlaU,

.yGoogIc

APPBNBIX

Qraat BritaiKy FnawA, and &

Bittwt of a lattat &«>n Oenanl Arauboiv to tha
aocteUrj of SMte, dat^

Paris, April 23, 1808.
Orden wera giren od ihe 17lh inBtaol, ui] re-
eeircd yesittrdiy at the imperiat eusiom-houae
here, " to seize all American ressels now in the

torts of FtaDce, or which may eome into them
ereafter."

April 35, 1808.
Postacripi.— I hare ihit moment received the
followiDg explaDatioD of the abore-meationeA
order, vii: That it direct! the seizure of renels
eoniinjf iato ports bf Fr«nee after its owd date,
"because no veswl of the Dnito) Stales can now
nif i^te the aeaij withoot infraetiog a law of the
mi State*, and ihns furnishing a presnmplion
that thsf do 10 on British account, at in British
eonnezfon."

[The above extracts contain the only auihen-
tie informatioD rrceired at the Derarlment of
State relative to the BayoDoe decree.J

DecregM of ihe Prfneh Agent* in the Wat htdiet.

1797. Angoal 1.— Makiog horses contraband.

1797. February 1. — Authorizes the cspture of
neutral vessels bound to certain West ladia isl-

1797. November 27.— Authorizes the captore
of American vessels going ^lo, or coming from,
Epslinh ports,

ISOfl.'' February S. — Declares tfaw ell persons
found on board vessels bound to, or coming front,
any ports in Hispaniola, occapwd by the rebels,
•hall suffer death.

Conaideria^ that the lam, a* wdl aneient aa
modern, forbid UMilrala to carr^ the «nemy obb<
ttaband or prohibited merchandises;

Considering, that no (with -landing the eon*
idainta of tha Mininer Plenipoiantiary of the
French Republic near the United Slatea of North
Araerioa, of which he baa informed >s by bis let-
ter of the Sd July, 1796 ; those Suies, and npe-
eialty Virginia, have fitted ont vesaels, loaded
with horaea. for the Boyish ;

Decree, that from this day forward, aU veaael*
loaded with merahatidiMB, designated by the
name of cobtmband, as arms, instrumeDis, muni-
lions of war, of what kind soever, horses and ibeir
furniture, shall be stopped by the ships of war
and privateeiBi to be smed and confijcaied for
the benefit of the captors.

At BuaETBRas, OtyAUALoiiPE, Aiy. 1, 1790.
Signed on the register,

VICTOR HUQUES.
LEBAS.

Compared with the register:

VAUCH&LBT, aKmarf eftJu Agmtf.

Considering that the-ports of the Windward
and Leeward islands, as well as those of Dema-
rara, Essequibo, sad Berhiee, delirered up to tha
English, occupied and defended by emigrants, are
in a slate of regular siege, and not entitled to
the same advantages as the porta of the different
English colonies, possessed by that. Power before
the war, or to other rights;

Considering that il ia against every principle
to treat a horde of insurgents, destitute o( coun-
try, without governiaeat, and without a flag,
with the same respect as civilized nailoaa pre-
serve towards each other during a war;

Considering that, by the suihenlic acts which
are In our possesion, i( is proved that the divera

E laces of the colonies delivered pp to the English
y the rebel Frenchmen and Baiavians, no mora
belong to the British Government than La Ven-
dee, in which the English Ministry had, in like
maoner, mercenary troops under pay ; some regi -
menis clad in the same uoiform as those of Eng-
land; considering that, in virtue of the second
article of the Treaty of Alliance, concluded at
Paris on Ihe6lh of February, 1778, between the
United Slates and France, the former Power en-
gaged to defend the American possessioos in case
of war; and that the Government and the com-
merce of the United Slates hare strangely abused
■he forbearance of the Republic of France, in
turning Id its injury the favors granted to them
of trading in alt the ports of the Fretich colonies;

That, by permittins neutral vessels any longer
to carry provisions ol war and of subsistence to
men eridently in a state of rebellion, would be to
prolong civH war, and the calamities and crimes
following iberefrom, decree as follows:

Art. 1. The ships of the Republic and French
privateers are authorized to capiare and condnct
luto the ports of the Republic, neuiral veasels
destined for the Windward and Leeward islanda
of Ameriea, delivered up to tbe Eoglltb, and ott*
eupied and defended by the emigrauts. TbeM
ports are Martinieo, St. Lncia, Tobago, Denaa-
rnra, Berbioe, Essequibo; and ai ike Leeward,
Port-au-Pfiooe,SL Mark) I'Arcbaye, and Jeremia.

Art. 2.' Every armed vessel, having a'commi*-
sion from either of Ihe Mid porta, ahall be repu-
ted a pirate, and the erewa adjudged and piu-
ishad w euch.

Art. 3. Tha vessel* and eargoe* described im
the Brsi and second articles are declared sood
prize^ and dtaU he sold for the bcsefit of th*

Abt. 4. Every captured vessel, which iball
have cleared out^ ander the vague dtnoroinaiiott
of West ladies, u conpctkeoded in the first and
second articles.

Art. fi. Tbe decree of Uta 4lfa of last Nivote,
in pursnance of the resolutioR ot the Exeeotiva
Directory of tbe 14th Meesidor, fourth year, shall
be executed till further orders, as far as shall not
be cOQininBed by tbe preaeni decrae.

.yGoogIc

176S

1756

Qrtal Britain, France, and Spain

Tbis decree ihnll be printeJ, iranxcribed in the
register of the eriininal and comtuprcial tribuDals,
lent 10 all [he Freach colonial ports, read, pub-
liihed, and poited up. whereyer il may ""

BariholamewV

Eajaining (be erimioel and commeTeial tribn*
Bala or Oundaloupe, iheir dele^Iea in the diffei^
ent Pr#Dch coioniea and eUewhere, the Rear-
Admiral CommaDdaDt on the West India siatioiij
ftnd the head oF the AdDiioisIraiioD. (a aid in ei-
«cutEng the preMnt decree, each in his respeclire
deparimenl.

Done at Basieterre, iilsnd of Qaadalonpe, the
13ih of PluTio»e, Sih year (February 1, 1797) of
Ihe French Repnblie, one and indiviiibJc.

The Commission reiolvca. (hat the captains of
French national vesselsand privateers aieaathor-
ized to stop and bring into the port* of the colony
American vesMels bound to English ports, or com*
inn from the said ports.

The TCKsels which are already taken, or shall
be hereBfier, iball remain in the ports of the col-
ony Qotil it shall be otherwise ordered.

At the Cape, tbe 7lb Frimaire, (37ih Norem-
ber, 1797,} in the fifth year of the French Repub-
lic, une and indivisible.

Signed in the record of the process rerbal.
LEBLANC, Pruidtnt.
3ANTH0NAX, i Ommi^
RAIMOND, ( fioiurt.
PASCAL, Stt^y Oawrat.
A' true copy:
Tbe Secretary Oeneral of the CommlMioo,
PASCAL.

L. Fenmiid. 0«itMal of Brigada, Commsndet-in-Chisf

of St. Domingo, acUng u Captain Qenaral, aad a

ineBibaT of tha LagioD of lienor.

Bxfwrienee has^ for too much time, taught the
Oeoeral that ell kind of regard and modification
towards those sconodrels wbo maintain the rebel-
lion in Hiapaniola, by furnishing Fverything ae-
ecwary ID the rebels, against the will and appro-
bation of their retpecliveGorernments, and who,
by thoae acts of cupidity, dishonor the flags they
aail under; and finding the necessity of putting
a stop la rapacity, and to treat them as pirates,
has proclaimed and proclaims:

Abt. 1. All indivKloals wbomFoerer found on
board of any vessel or vessels, allies, or neutrals,
bound to any ports in Hispaniol a occupied by the
rebels, shall suffer death.

Those foand on board of an; vessel, allies, or
neutrals, coming out of any ports iif Hispaniola
occupied by the rebels, on noard of allies or neu-
trals, shall suffer death.

Abt. S. Th« Qcoeral iiifoniiB, that all prieoft-

which i>

ers made in those different cases shall be brought
into one of the ports of Hispaniola occupied bf
French, to be tried by military coEdmission,
0 pronounce sentence.
. This proclamatioo fthall be put into
on the lit Flortal. (Slsl April;} and,
until that lime, all the preceding proclamaiioiie,
in order lo prevent all tiods orcommnnicalion
with the coast of Hispaniola ocenpied fay the reb-
els, ihall be strictly executed.

Art. ^. Of tbis present proclamation, r^isured
at the colonial inspection, one hundred copies are
printed, published, and posted np ia all the ebief
places around the east part of Hispaniola. and all
necesaary steps shall be taken to its puUiciiy in
all the islands ami contiaeot of America.

Done at the headQuarteia of the Oeneral of St.
Domingo, the 16ih Pluviose, year the 13tb, (Sth
February, 1805.)

The Oeneral Commander-in-Chief, acting as
Captain Oeneral, and member of the Legion of
Honor. L. FERRAHD.

lll.~DetTtet qf Spain.
1800. February 15.— Blockade of Qibnltar.

1807. February 19.— In imitation of tbe Serlia
decree.

1808. Jaaaary 3. — lit imitation of the Milan

Copy of a lattet IroiB the Becretarr ef State of Hii

Catholic Majoalj to the Miniatcr PknipotentiBij of

Ihe United State* at Madrid.

Ahanjdsz, FVtnuoy 15, 1800.

8iB : The King, wishing (o lessen as mncfa as
possible tbe evils resulting to the nation from the
scandalous traffic which many of his snbjeeta
carry on with Gibraltar by means of neutral ves-
sels, and making use of just reprisals against the
enemies of his Crown, who have deelared the
ports of Cadiz and St. Lucar de Batrameda block*
aded, His Majeaiy has thoaght proper to declare
that, from this day, he should consider Gibraltar
as blockaded ; and that, under this view, att cap-
ture* of neutral vessels going lo the said place
should be held as legitimate ; for which parpose,
and that ignorance may not be pleaded, His Maj-
esty has commanded me to eommuoicaie thn
declaration for the information and government
of your Court.

I place myself at your disposition, and praf
Ood to preserve your life many yeara.

M. LUIS DE URQ,UEJO.

[TranslBlion.j
Aranjoez, fibmarg 19, 180T.
By the greatest outrage against humanity and
against policy, Spain was forced by Great Brit-
ain to take part in the present war. This Power
has exercised ovet the sea and over the commerce
of the world an exclusive dominion. Her name-
rous factories, disseminated through all conairiea,
ate like sponges which imbibe the riches of those

.yGoogIc

1767

APPENDIX.

1758

GrtaX Britain, Prmux, and Spain.

eouDtrica, without IcBTina Ihem more ibia (he
appearances of mereaDtile liberty. From thii
mariiime and coramercial despoiiim Bnglaad de-
rives immente resoDrces for carrying on m war
whose object is to destroy ibe commerce which
belongs lo aach State from its iodDstry and sit-
, uation. Experience ha* pro?eD that the morality
of the British Cabinet has no hesitation as to (he
means, so long as they lead to the accorajflish-
meot of ita t&igns; and wbilal this Power crd
cDDlinBe to enjoy the froits of its immense traffic,
humanity will groan under the weight of a Atto-
latin^ war. To put an end to this, and to attain
a solid peace, the Emperor of the French and
King of Italy issued a decree on the 21st of No-
Tember last, in which, adopting the principle of
reprisals, the blockade of the British isles la de-
termined oD ; and his Arabastador, his Exeelleney
Francis de Seaubainois, Grand Dignitary of the
Order of the Iron Crown, of the Legion of Honor,
&e., having commonicaied this decree lo the
King OUT master,aad His Majesty being desirous
to co-operaie by means aanciiooed by the rights
of reciprocity, has been pleased to authorize His
Most Serene Highness the Prince Generalissimo
of the Marine to Issue a circular of the following

As soon as England committed the horrible
ODtrage of intercepting <he Teasels of the royal
marine, insidiously Tioloiiag the good'faith with
which peace assures individual property and (he
rights of nations, His Majesty considered himself
in a Slate of war with that Power, although his
promnl^tioo of the
: alroeity committed
by its seamen sanctiooed by the Gorernment of
London. From that time, and without the ne-
cessity of warning tbe iobabitanis of these Eiog-
doms of the circumapeclioo with which they
ought to eooduet themselves towards ihoas of a
country which disregards the sacred laws of prop-
erty and the rights of nations. His Majesty made
known to his subjects tbe state of war in which
hefonnd himself with thai naiion. All trade, all
commerce, is prohibited in snch a situation, and
no sentiroenu ought to be enieriained towards
such an enemy wbich are not dictated by honor,
avoiding all ialercourse which might be consid-
ered as the vital effect of avarice, operating on
tbe subject* of a nation, whieh degrades itself in
ihem. His Majesty is welt persuaded that such
sentiments of honor ai« rooted in the hearts of
bis beloved subjects; but he does not choose, on
that aecoant, to allow the smallest indulgence to
the violators of tbe law, nor permit thai, through
their iiaoraace, they should be laken by surprise,
■utbonziog me by these presents to declare that
all Boglish property will be eoafiaeated when-
evei it IS found on board a vessel, although a neu-
tral, if the coQsigament belonss to Spanish iodt-
vidnals. So, likewise, will be conBsoated all
merchandise whieh may be met with, aiibongh
it may be in neutral vesaels, whenever it is des-
tined for the ports of England or her isles. And,
Goalty, His Majesty, conforming himself (o the
ideu of hu ally tli« EmpeiOT of the Flench, d«-

dares in hia States the same law which, from

frinciples ofrciiprocily and saitable respect, Hia
tnpenal Majealy promulgated under date of (be
aist of November, 1806.

The execution of this determiDatioo of His
Majesty belongs to the cbiefi of provinces, of de-
partments, and of vessels (boxelM,*) and, commn-
nicaiing it 10 ihem in the name of His Majesty,
1 hope they will leave do room for hii royal dis-

Ood preserve you many years.

THE PRINCE^ OF MARINE.

His Majesty has been pleased to issue the fol-
lowing Royal Decree :

Jakdabt 3, 180a

The abominable outrage committed by the
English vessels of war in (he year 1804, by (ha
expreas order of their Government, on four frig-
ales of my royal navy, which, navigating under
the full securiiv of peace, were ioiquitoualy sut-'
prised, aUacked, and captured, determined me to
break off all connexion with (he Britiih Cabinet,
and to consider myself in a state of war with a
Power which had so unjuaity violated (he laws
of nations and of humanity.

An aggression so atrocious gave me a suffi-
oieot motive to break all those ties which unite
oiDe nation lo another, even if I had not consid'
ered what I owed to myselfand to tbe honor and
glory of my Crown, and of my beloved subjects.
Two years of war had passed without producing,
on the part of Grea( Britain, a diminuiion of her
pride, or a renunciation of the unjust dominaiion
which she exercised over (he sea ; on ibe con-
trary, confounding her friends with her eilemies
and with neutrals, she ha* manifested her de-
cided will to treat all with (he same tyranny.
Under these considerations, I determined, in Feb-
ruary of the last year, confbrming myself to the
wise measures adopted by my intimate ally the
Kmperor of the French and King of Italy, to de-
clare, a* I did declare the British isles in a aula
of blockade, to see iflby this step, I could cod*
vince the British Cabinet that it ought to re-
nounce its nojnst domination over the sea, and
resolve on makiuga solid aod durable peace. Far
from this ; not only baa it rejected the proposi-
tions .which have been made to it on (he pan of
my intimate ally the Emperor of the French
and Kiag of Italy, as well those made by himself
as those made through the medium of several
Powers, friends of Eaglaud ; but, having commit-
ted the greatest atrocity and piracy, in tbe scaa-
dalous attack on the city and por( of Copenhagen,
it baa thrown off the mask in such a way iha[ no
one can doobi that ita insatiable ambition espirea
to tbe exclusive commerce and narigaiion of
every sea. Nothing proves it more than (h«
measures which it has just adopted, under dat« of
the Uth November laac, not only declariog all
the coasts of France, of Spain, of their ■llifs,and
those occupied by the arm* of ih« one.or the other
Power, io a state of blockade, bu( subjecting the
vessels of neutral Powers, friends, and even allies
of BnglaBd, not only to be aearohed by BngUsli

.yGoogIc

176»

1T60

SiaH of tlu Fiponeen.

oruinert, bat likewJM to loucb, eODinty to their
will, at an Eofliab port, tad alM lubjeciiog iheni
to ihe^rbitrary payment of'a oeriaiu jwr ceouce
oo their car^UM, as may be determiQed by lEc
English Legislature. Authorized, then, by the
juil rij{bi oJ reciprocity, to lake thote meisurei
which may ipem to me (iropei lo prereni the
abuse ivliich [he BriiiHh Cabitiet ia inaklD|[of iu
forces with respect to the Dtutral flag, and to tee
if, in Ellis way, a renunclatioa of so unjust a ty-
raDoy can be obtained, 1 ha*e come to the deter>
mioation to adopt, and I will that there be adopted
ID all my dominioni, the same tneasure* which
my iaiimate ally, the Emperor of the French and
King or Italy, has adopted; and they nre ■»
folluwa :

Coneidenng that, by the act aboTemenlioned
of the lllh November last, the British Cabinet
has denationedixed the Teasels of all the nations
ofBarDpe,aad that it 1* not at the discretion of
any; QovefDmenl to accomronilaie {trantiger) as
to ill iodependence and ils rightn, all the nrr-
creigna of Europe being guarantees of Ihe bot-
•rcignly and of the independence of ibeir flags;
•ad that, if, ibrougb an unpardonable weakness,
which would be an indelible slain in the eyes of
Bosteriiy, anch tyraonv should be sufiered to be
laid down as ■ principle, and contecraied bv nte,
tke English would take it as ([ranted to eatabliih
it as a right, in the same way that they hate
•railed ihemselres of ihe tolerance of Gorern-
menii to eeiabliah the infamous prinoiple tbai the
flag doesi not corer the merchandise, and to gire
to it* right of blockade an arbitrary exieneioo
aimed at the loeereigniy of all Statea, I have de-
creed, and do decree as follows ;

Art. 1. Bvery vessel, of whatever ntiion she
lOMy be, which may hare been visited {viMitado)
by an English ship, or may bare sobrriiited to
touch at a port ot. England, or may hare paid
•ny doty to the English Oovernmeot, is, rrom
that act, declared to be deoationsliipd, loses the
proteciioB of iia flag, and makea iiielf Bogliih
ptapeny.

Art. 2. The vessels ao denalionliEed by the
arbitrary measaNi of the Bfitish Gorernment,
wbaiber they enter into our ports, or enter thoae
of oar alliea, or whether they fall into the posaes-
I of our ships of war or our privateers, are

of blockade, as well by >e« as by land. Every
Temel, of wtiaierer nation she may be, whatever

niiy bu her cargo, dispatched (eJrpfdido) from
the ports of England, or of the English colooie*,
r ftom the oountriea occupied by the English

troop*, will be a good prize, aa contravening ihii
decree, will be liable to captsre by our ships of
war or by our priraieers, and will be adjudged to
the CI p tor.

These meuuree, which are Dothiog mora ihao
a just reciprocation of the barbarous systein
adopted by the Eogliih Governoient, which as-
■imilatei its legislation lo that of AlKierii, wilt
sease to have e^ct on all those nations who know
how to oblige Ihe EngtiabOoMrnoMiittonepect

their flag, and will continue in full force until
the Engri*h Qorefnmeol return to the adopiion
of those pritKiples of ihe law of nation* which
establish the reutioH of civilized Staiei in time

The diipofiiioD* of the present decree will be
revoked and have oo efieet so soon as the Bog-
liih OovemmeDt ahall have retnrned to the ndop-
tion of those principles of the law of nation*,
which are equally ihoaa of juitiee and of boaor.

Tou will keep ihii in mind, and eammunioaia
it to those to whom belongs its eieention.

8i{[o«d with the royal hand of His Majesty U
Aranjues, on the 3d oif Janttary, 1806.

PEDRO CETALLOa

STATE OF THE FINANCES.

[CommnDioated to the BenaU, Dec IS, 1608.]
In obedience to the directiom of the act aup.
plementary loth* act, entitled ''Aaact loestiblish
the Treaaory Depariment,*' the Secretary of tba
TieuuryraspectfullyMibaiitsthefollowing report
and estimatea ;

The net revenue a riling from dolies on mer-
cbandise and tonaage, which uetaed daring the
year 1806, anouniei to - - - $16,615,430
And that which accmed daring the

Sear 1807 amounted, as will appeal
y the ilalemcot A, 10 -

The same reveane, afier deducting
that portion which arose from the
duty on salt, and from the addi-
tional duties con* I itn ting the Urd-
' iterranean fund, aMiaanied, dnring
the ye*r 180a, to <

And during the year 1S07, to -
But it ia aaceriaioed thai the O'

a<;i>rned during th« three firat qnarien of the year

1806, did not exceed eight niUions ol dollar*, and

- 16,06B,9U

lU48,78i

1<3T5,85&

which

The Kalenent S •KhiUta in dtlail the asvaral
specie* of merohaDdiie, toi other aonrcca, from
which that renBon woa eoUeetad daring the ye*r
1S07.

It appear* by thciiatement C,lbat liiefalcaof
the puhlielaaas hava, dnring the year, endinfr the
30(h Seplamber, 1806, amonnted to aboat 300,-
000 aerei ; tod the paymantt by purebaaen to
near $S50,000. The pioeeedi of »iea in the Mi*-
Msaippi Territory, being, after deducting the sui^
veyinf and other iuoideatal expenses, appn^ria-
ted, in Ihe first place, to the payment of a aom of
$1,250,000, to the Stale of Oaei^a, are diitinctlf
iiaied.

It appears, by the statement D. that (he pay-
menlf on account of the principal ef the pnUie
debt have, during the same period, amonnted la
only $2,335,000. But the paymeota from the
Treasury, for the annual reimhursraent of thesiz
per cent, and deferred stocks, and for the final re-
imbwrsmeiit of the caghl per cent, stock, will {ex-
clnsirely of a smn of 8730,000, already in the
iwods of tlie Treasurer, a* agent for the Com*

.yGoogIc

APPENDIX.

state of the Finance*.

raissionen of the SinkiogFuad) amoaat. daring
the last qnarter of this year, to 95^6,000 ; malr-
iag the total of pablic debt reimbarsed. from the
1st of April, I8OI; to the fir«t of Janaarr, IBOS,
about thirty-three millioiis lix haodred thousand
dollars, exciuiiTe of more than nix million!!, paid
darJD^ihe saine period, ia eonrormliy with the
proTJaioDB of the iraaif and cooTemioa with
Great Britain, and of the LouiHiana conTentioo.

The pnblie debt will, on the la day of January,
1B09, amount to (56.647,663; consitting of the
foltowiog items:
Old six per cent slcwk, nominal

amonnt $20,706,603 S3, unre-
deemed $11,919,877 57

Deferred stock, nominal amount

811,717,476, 92, nnredeemed - 0,386,627 08
New SIX per cent, stock, excha nged

Bt par for old six and deferred 5,993,343 90
New six per cent, stock, arising

from conversion of three per

cent, stock, st 65 new six, for

100 three per cent, slock - l,859.n0 70
1796, sis per cent, stock • • 80.000 00

Louisiana do. - - - 11,250,000 00

Total til per cent stock
Three per cent, stock

The interest on the whole debt, and the annual
Teimbursment on the six pir cent- and deferred
stocks, will, for the ensuing year, amount 10
94.SSS,000, leaving, in order to complete the an-
nual appropriation of tS,0O0,0OO, a sun of 83, 774,-
000, applicable to the reimbursment of ine new
exchanged six per cent, stock. The whole of
that and of the other new six per cent., arising
from the conTersioa of three per cent, stock,
amonnling together 10 87,853,000, would thus be
reimbursed within two years. And after the 1st
day of January, 1811, the whole annual amonnt

Gyable on account of interest and annual reim-
rsemeai, could not, during the se*en ensuing
years, exceed (3,756,000. But, under existing cir-
CDmstBnees,iiisi>eli**ed that the reimbursement of
that new six per cent, stock will be nominal, *ai
must be effected by incurring « ne* debt, to an
equal amount.

The actual receipts into the Treasury, during
the year ending on the 30th September, 1808, as
they principally arose from the revniae accrued
donng the preceding year, ([and the payments
on account of drawback having been diminished
by the embargo,} have been greater than those of
any preceding year, and amounted to

817,858,419 90
And the specie in the Treasury,

And the specie id the Treasury,
on 1st October, 1607, ataountea

Uakiug together - - $26,481,992 98

lOtb Cob. Sd Sbm.--58

The disborsemanls, during the same period,
bare amounted to 812.635,275 46 ; consisting of
the following items:
Civil department, and miscellane-
ous expenae* - . - . 81,268,967 18
Foreii^n intercourse, and payment

of American claims, assumed by

the Liouisiana conveDtioa - 406,499 37

Military and Indian departments,

including fortifications and the

expenses of the new army - 3,033,759 66
Naval Department, including the

appropriation of $677,064 47, to

cover the deficit of the preceding

yeat - - - , - - - 2,267,061 4T
Public debt, principal and interest

(the ereater part of the paymenu

for the year 1808 falling, as al-
ready stated, inibe last quarter)

have amounted only to - - 5,688,984 89

12,635,875 46
Leaving a balance in the Treasury
on the 30ih September, 1808, of 13,846,717 53

$26,481,993 98

The cash in the hands of collectors and re-
ceivers, and the outst&ndijig revenue bonds, which
will almost altogether fail due prior to the first of
January, 1810, may, after deducting the debeo-
t\itea. yet unDaid. and the expenses of collection,
be estimated to fakve amounted, on the 30th Sep-
tember, 1808, to - - - . 810,600,000
Making, together with the balance in

the TrcMury on thai day, of - 13,846,000

An aggregate of - - * • - $24,346,000
Ailhoiigh the expenses of the present
quarter cannot at present be pre-
cisely ascertained, they will not,
ineludingthereimbursementof $5,-
376,000, on account of the principal
of tDfe public debt, exceed - - 8,346.000

Leaving, on the 1st day of January,
- "09, a sum of - - - ' $16,000,000

Sixteen millions of dollars, in cash or bonds,
payable during the year 1800, and applicable to
the expenses of that year. It is presumed that
receipts arising fro □■ importations and pay-
its for lands, subsequent to the 30ib Septem-
ber, 1808, will not be ereater than the deductions
on account of bad debts, and of the extension of
credit on certain articles.
The expenses df the year 1809 would, according
the appropriations already made, and to the
usual annual estimates^ amount to tiiirteeii mil-
lions of dolUirs, consisting of the following items:

1. Civil listand miscellaneous expen-

ses 8B00,000

2. Foreign intercourse • - - 200,000

.yGoogIc

APPENDIX.

1764

ataU if tht FinotKet.

5. QrtDl>brGoiigre0,aDdotlwrKiif

MllaDeooK nnforeBcea dwDiDd*- 150^000

4. Military ■od lodiaa Depirtnunu, 2,736,000

(. Naval Depaftm«Dt - - - 1,014,000

6. AflDMl approifriacioa rot ibepub*

lie debt - - - - - 8,p00,000

tl3,O00,000

LnTing ■ anrpliu of only three miltiona of
Hollan for defrayiog all the expeoee) for forlifi-
ealions, military stores, increaM of llic ■rmy and
oavy, or otherwiie incideDl to » alaM of MHal
war, or of preparatioBa for war.

Tha amiual appropriation on account i>f the

finblic debt, amoumioK to eif[bt million*, and the
Dtereit for the year 1809, being lets than three
millioDs of dollars, an authority to borrow Gre
tnillioni would ooly create a new debt equal to
the principal of old debt reiotbursed. during that
veal, and appears sufficient to provide for any de-
ficiency aritiDgfroin extraordinary eipeniet which
tniy be lbu> authorized by Coogreu.

It thui appears, thai, notwithstanding the gene-
tal warfare of the belligerent Powers sgninst oeu-
iral nations, and the conaequent sa-ipeasion of
commerce which took place in the tatter end of
the year 1807, and nDtwithstaadiog the isbreased
rata of eipendiiure naturally arising from that
atate of things, the ordinary rerenae will hare
been sufficient to defray all the expensea of the

Jean 1S08 and 1809, including, for 1808, a reim-
ursBmeot of debt exceeding six milllnDs of ilol'
lars, and without making any addition to that
debt in 1800. The measures necessary lo be
adopted, in order to make a timely prorision for
tha aervice of the enitiing years, depend on the
coarse which the United States will pursue in re-
laticn R) foreign aggressions. And tbat being yet
unascertained, it becames neceasarv to examine (be
•ereral altematires left to the choice of Congress.
Either the naTiffatioD of the ocean wUl be
abandoned by the United Sutes, or it will be re-
earned.

The fint supposition is that of a continuance of
the embargo of the vesseU of the United States,
and admits of two alieinaiivet :

1. Bitbar ■ proTisjon, generally fotbiddiag ex-
portationt, may continue to make part of the sys-
tem, in which ease importationi, whether ex-
pressly imerdicted or not, must, for want of means
of payment, be ako discontinued.

2. Or exporlations and corresponding impor-
tations may be permitted in foreign vessels.

The SBEond supposition also offers two, and
only two alteroaiiTrs. It may, indeed, be admit-
ted, that the decrees of France can be enforced
onjy in bet own territories, and in those of her
allies ; that, however efficient in preventing any
commerce between the United Slates and herself,
thosedecrees cannot maieriallv affect that between
her enemies aod the UnitGd States j and may,
therefore, in that respect, be disregarded. Bat
Great Britain having the means of enfotcleg her
ordeta on the ocean, tne itarigaiioa of that element

c^nnnt be resamed withoot eneoiinteriBg those
orders; aod they must either be sabmittd to or
resisted. There can be so middle way between the
two coanes.

3. Either Aaerien must accept the porlioD of
commerce allotted to her bf the British edict*,
and abandon all that is forbidden— and it t> not

linaiting the c

the pennitted placet— or by aeqwieaeing in the

oaplure of retaeU ttepptog bcfoad ike ptaseribed

bonndi.

4. Or (he nation must oppose force to the exe-
cution of the orders of Eaglaad j aad this, how-
ever dona, and by whatever name called, wiU be

Of those four alternatives, the eecoad and third
differ neither in principle nor in their effect on
tberevenile. As noth plans consist in permilliog
partial exporlations and importations, it must be
aeknowledged that, objectionable as that course
may be iu other respects, if considered merely in
relation to the fiscal conaetns of the Union, it
willj for the moment, be attended with less diffi-
eulties than either the present system or war.
For, however narrow the limits to which, on thai
plan, the exportations and importations of the
United Slates may be reduced, yet there will still
be some commerce, aad some reveoue arisiog
from commerce. - And, as in pursuing that hum-
ble path, means of defence will become unneces-
sary, as (here wilt be no occasion for either an
army or a naty, it is believed that there would be
no difficulty in tedueing (he public expeodiiurec
to a rale oorrespoodiog with the fraginenls of im-
post wbioh might stilt be collected. If (hat eourac
be adopted, no other provisioa seems necessary
than an immediate reduction of expenses.

The system now in force, and war, however div
similar m soma respects, are both considered as
resistance. Nor is It believed that their effect on na-
tional wealth and public revenue would be materi-
ally differmt. In either case, a portion, and ■ por<
tioa only, of the national industry and capital,
heretofore employed in (he production, transporta-
tion, and exchange of agricultural products, or in
the foreign earrjiing trade, can immediately be di-
r«rted tn other objects In eaae of a cootinuance
of the embargo arid non-expoitation, either a less
qiMBlity of commodities must be produced, ot a
portion will accumulate until the freedom of com-
merce shall be restored. In ante of war, that tni^
plut wilt be exported ; and although a part lousi
be lost by capture, a portion of the returns will
be received. If the embargo and suspension of
eommnve shajl be continued, the revenue arising
from commerae will, in a short timCj eaiirely
disappear. In case of war, some part of thai rev-
Mue will remaio ; but it will be absorbed by the
increase of public expenditnre. In either caM^
new resources, to an amount yet unoacertaiaed.
must be resorted to. But the axiertion thai that
amaant will be nearly the same, in either of (he
two alternatives of embargo or war, is correct
ooly 00 (be supposition that ihe embargo and non-
exportation are. after a certain timc^ to be tvper-

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I7e6

APPENBIX.

1V66

State of the Flnancet.

wded by war, uoless foreizB Hggrnsicm shall ciase :
and ihat readering therefore preparaiioas for war
necessary, iheyrequire a rate ol expeaditare far
beTond that of ■ peace establishc ~~'

If, however, Ihe embargo and
are to hare equal cooiiauance with Ihe beLligeieot
edicts, iodeSnite as ihat isj if it be deUrmiced it
rely eicluiiTety qd tbat measure, and, aiall erencs
noi to risk a war m accouat of those aggresaionsj
preparations for war wilt beBome uielesi, and rhc
exiraocdiDary expeQEies need not be incurred. In

lars, whicb, as has been atated^ is requisite for the
support of the preaeni esiabhshmeot. And this
would leave for the, service of the year 1810^ tbe
al)OTe-ineDlioDed surplus of tbrce milliDos, and
tbe propoied loan of five mUIions, wbieh, together,
would be aufficieot to defray tbe Peace Bilabtiah-
meut, and to pay the interea^ on the public debt
during thai year. Tbas twa years move would
be provided for, wittioui either incteasiog tbe pub-
lie debt or laying any MVr taxes. It is certaiuly
only witb a vieW to war, either ihuoedfate or coa-
templaied, that it will become nec'esHty to resoii,
at least to any conliderable extent, Eo eltraotdi-
mry sources of supply.

Legitimate resources can be derived only fVoili
loans or taxes; And thereasons which Induce a be-
lief that loans should be priacipally relied on in
case of wai\ were stated m the annual report of
last year. That opinion has been carrobsraied by
every subsequent view which bas been taken of
the subject, as well as by the present situation of
the coUQiry. The embargo has broushi into, and
kept in the United States, almost allihe fluating
property of tbe nation. And whilst the depre-
ciated value of domestic product* increases (he
difficulty of raisiag a eonsiderabl* revenue by in-
lemnl laxn, at no former time haa there been so
much specie, v> much redundant unempldyed
capital, in the country. The high piice of pub-
lic stocks, and, indeed, d{ all spwies of atcNiks,
the reduction of Ihe puMIc debt, the mifiiipaireil
credit of the Oettertl OorcrniinenL and tbe large
anionnt of exliting brink stock tn the TTnited
Stales, leave no doubt of the practicability of ob-
taining the necessaty loans on reasonable terms.

Tbe geograpbical situation'Of (he United States,
their bistory since the Revolutiou, aud, above all,
present events, remove every apprehension of fre-
qaeat wars. It may, therefore, be confidenily ex-
pected, that a revenue derived solely from duties
OD im porta tioiks, tbougb necessarily impaired by

penses, but also to reimburse tbe debt cootraoted
during the few periods of war.

No internal taxes, either direct or iadireot, are
therefore, contemplated, even in ib« ease of hos-
tilities carried or tgaiiist the two great belligerent
Powers. Bielnsivelv of the authority which
must, froin time xo time, be given to borrovr the
sums required, (always providing for tbe reim-
bnnement of such loans within limited periods,)
ud of t das ecanotujr in the KVetat biuchei of

expenditure, uothiog more appears necessary than
such modifications, and increase of the duties nt
ittiportattons, as are nararatty siig^ted by esiat-
ing cireunntances.

1. Although importations have already bon-
siderebly diminished, and may, under the syatem
now in force, shortly be altogether discontinued,
no reaaonable objection is perceived against ata
increase of duties on such as may still take place.
Had the duties been doubled on the 1st of JaA-
Dary 1808, as wan thes au^ested, in case of war,
the receipts into the Treasurv, during tbai and
the ensuing T^'i. v**" 'd have been incfeased oitie
or ten millions of dollars. Tboke articles of moat
universal consumption, on which an increase of
duty would be ioconveDimi, mte gederally elthet
free of dutf or abundant.

It is, therefore, proposed, that not only the Med-
iterrauesn duties, which will expire on the lit
day of January next, should be continued, bat
that all the existing duties should be doubled on
importations, sabsequent to that day.

,2. The present system of drawbacks also ap>
pearssoac^ible of modifications. The propriety
of Gontinning generally that jpro vision of the em-
bargo laws, which allows a drawback on articles
exported more than one year after (hey have been
imported, ia doubtful. A modification might
check speculations and monopolies. The dimiDU-
lion of importations has afforded sufficient profits
on most 01^ the articles which had been imported ;
and a provision whii>h would bare a tendency W
bring into market, and to lessen the price of thoaa
ariiclea, would be generally beneficial.

3. The causes which iodoeed the adoption of
a partial non -importation act, have ceased to exist.
The object then in view, has merged Into a far
more important One. The selection of interdict-
ed articles was fubnded on the possibility of ob-
taining them Id Other couniriea than England,
and dors not agree 4rilh existing circumstances.
the act producing nownooihet effect than to
increase the temptations, and io produce habits of
amngtling, imiiaira and injures the revenue. A
general non-inter course with that country would
•apanede that partial measitra, and mi^ht be ex-
eeated with greater facility. And, it is believed
that, nnd« every event, its repeal will be beoeft-
cial,.Bnd that a permanent increase of duiiea on
article* selected with the view to thoM which
may be maniiraalured ia the United States, wovid
he frefarable.

4. it is believed that the present syatem of ae-
eouDUbiliiy of the inilitary and a^val esiaUiah-
ment, may be rendered more prompt and dirvci,
and n auseeiitible of improvemend, which, wilh-
oot embarrassing the pnblie »vviee, will nave n
(endency more effl!ctoally to chtek any abuMs by
subordinate agents. Proviaions to that efifect Ira
rendered more necessary by tbe probable increase
of expense in those deMrimeuts.

All which is respectfully submitted

ALBERT GALLATIN,
Secretary ^ the TVeomrj).
Tbhudiy DiPAiiTtiBitT, Du, lOrt) 18D8L

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17«7

APPENDIX.

1768

SINKING FUND.

£CoiBmaiiioUd tolli«SMi«te,F«bniU7e, 180B.]
WiBBiHOTON, Feb. 4, 1809.
The CommiifioDCM of the SiDking Faad n-
■peetrullf report lo CoDgreu ai Tollows :

Thftt the meuarei which hare been suthor-
bed ij the Board, tubMqaciii to their rcparl of
th» 6ib of Febrnaiy, 1808, lo far ai the itme have
been comirieled, are fall^ detailed in the report
of the Secreiarv of the Treasur)' to ibis Board,
iatmd ifae third aay of the preseol month, and in
thcatatemcm* tberein referred to, wbieb are bere-
with tranimilted, and prayed to b« reesived ■■
fan of this report.

J. UlLLEDOB, Pru. Sen., pro Mm.
A. GALLATIN, atc'ry Tnatury.
C. A. RODNBY, Attorney General.
Hofl. PmBaiDiRT oflht Senate.

TUAJDKT DSPABTHIMT,

F^mtary 3, 1800.
The Beoretarf or the Treaiory reipeotfullf

■•porta 10 the Commiuioaer* of the Sioking

Vand—

T^mX the baluic* remaining aneipendKl at the doae
of the year 1806, and appHeaUa to pajmenti faUiog
doe afliT that jb*x, which balance, la appean by the
etalemeot B, anne^sd to the laat annaal report,
uaottntedto tl.W6.SU 10

TofMhen

-OriDi: the year IMT. onl of the
Treaaniy, on aceonntof the principal
and intereat of the pofalie debt, which
dilliurMmenta, ai upeara bj the

to

And with a further (um, aiiiiDg from
a praft on the reaiittancea from
America lo Europe, puithaaed in
the year 1807, which profit, ■■ ap-
pean by the (tatemcut D, annexed
to the Ia>t annual report, amannl«d

Have been aceannted br In the fbUcwing' manner:

1. There wai repaid int» the Treaiuiy, dorint the
year 1807, on acoonnt of the principal of proteiled
bilta of exehang*, of moneyi bereiofeie advanead
fcr the payment of intereit and Telmbnraameat of
the Amded domealie debt, and of mooaya advanced
tm the pmx!kaae of itock, aa appaan by Iha alata-
■aent B, annexed totha last aannal
nport ««1,18> U

I. The annu actually applied, during
the aame year, to the payment S[
the principal and inlereat of the pub-
lic d^ aa aacertained bj accounta
nndared to the Treaanty Depart-
■eot, amobot, aa will appear by the
■tatement A, vli :

1. Paid in leimbnrae-

pdoflhedi

■ 9a,7S7,ie8 >7

a. Paid on aceonntof

chirgeaonlheaame 3,634,174 SO

3. Tlie balance remaining nnaipend-
ed at the doae of the year 1807, and
applicable to payment* blling dae
■Aer that year, u aacertained by
aeoonnta rendtured to the Treaanry
DepartmaDt, amonntad, aa will »p-
pear by the •tatameot B, to -

That, during the year 1808, (he following diabnrao-

menla were made onl of Ae Treaaory, on account

of the principal and interaat of the pnblic debt.

vi»:
1. On aooouNt of the nkabaiaeneat and iotereat of

the doneatie debt . . - . %9,*06fii\. »
3. On aoeannt of the doBeatic nn-

ftutdad debt 49 SO

8. <^ acconnlofthe principal andin-

tareat of the forngn debt, and of the

Mlereat an the Looiaian* atock, and

on exchange and converted atocka,

payable in Enrope - • BU^a II

-910,330,013 60

Which diaburaementa were made out of the foUowiog

1. Prom the balance remaining unexpended at the
end of the year 1807, of the aonaal appropriation of
eight miUiona of doUan for thai year, which waa
pud at the Trsaaurr, ont of the proceeda of datiaa
on gooda, waraa, and nerchaBdiae, unpoitad, and on
the tonaace of ahipa or veaaela, and whidt balaaoa,
a( (tated in the laat annual rqiort,
amonnted to «711,US 81

8. From the fond* otaatitatim the
annnai approprialioD of eight wl-
lioM of dotlaiB, for ieto,*ii:

Fran the iiuid arUnc ftoM the ialao

ConmiMiaitera of the Sinking Fund,
a* per atatemeni 1 $1,035,028 03

From the Amd* aris-
ing from the aale,
of public landi, be-
ing the amoBUt paid
into the Treaaury
from the lat of Oc-
tober. 1M7. to SOth
Beptauiber, 180e,aa
peritatamant'E - 600,508 M

Prom lha procveda of
duliaa on geoda,
ware*, and mer-

3. Prom the proceed* of dniiea on
gooda, ware*, and marchandiae, im-
ported, and on dw touufe of ahipa

.yGoogIc

1769

AeamnUAHUif in the Navy Department.

at Tcwela, •dnnoBd in put. Mid on
Kcount of lh« annual appropriatian
for Iha jm 1SU8 - . . .
4. Siom rapajmenta into tbs Tims'
ATjiOn accoant of remittanoet par-
chaied for providing ibr the foreign
ilnbt, and of advancee made lo Com-
nuanonsrs of l>aan>, and agenu for
the purchase of slock, u Kill appear
E. Tiz :

by It

Repajmenl ot pn
pil sdvaneral f
Ihe TieaiuTj

Damage! and intc

commiBioDS, lor th* paiohaie of t*-
mittancea on aeccant of uitenwt on
LouioaDB •lacfc, and on axchangad
and coaieited atocka, payabla in En-
rope, hsTing been paid oat of the an-
nual appropriatioA of eight millions
of dollan,) being the amount paid
at the Treatury, during the year
ISOS, tot that object, m will s^ear
by the atatement C • - -

lliat, in conbrmity with Ihe proceeding* and reav-
ln(io&a of the ComtoiBsionerB of the Sinking Fund, of
the 93d of March, 1S07, a copy whereof, marked If,
waa annexed to Ihe last annual report, a farther sbib
of ei^l pel cent, stock was purdiased daring the year
180e, amounting to 9190,000, for $I9»,I0O apede, m
will appear by the statement L.

That, in pursuance of the act of Febraaiy 11, 1807,
books wen opened on tba 1st day of July, IBOT,

tl^B seTcral loan ofiicea, and at the Tressuiy, and
continued open until the ITth day of Marti, 1B08, tat
the receplion of subscriptions of the old six per cent^
deferred, and three per cent, slocks, and the issue oC
six per cent, elocke in lieu thereof, and afenla
appointed to receive subscriptions of the same at
London and Amsterdam, pursuant to the fourth aao-
>n of the said act-
That the amonnt of old stocks surrendered, and new
■tode iaaaed, in conaeqnence of Uiese subacriptiona, i*
exhibited in Ihe atmeied statement M, by which it ap-
, . that there were surrendered —
CerUficalee of old Ai per cent, slock, of the nomiul

amoaatof - - - • - ST,436,7ST 61
CeitiGcatea of deferred aix per cent.

stock, of the nontina] anount of • 1,940,673 01
In lien of which certificates of ei-

ehanged stock for the unredeemed

amount of the said certificates of old

six pet cent, and deferred stocks,

That the aboTementioned diabnne-
m en ts, together with the aboTe stated
halance, which remained unexpend-
ed at the dose of the year IBOT, of

Amonnliiig altogether, to -
Will be accounted for in the next an-
nual nport, bi eonformity witii the
accoimta whioh shall then have been
rendered to Ue TraAsniy Depart-
That, in the meanwhile, the monnei
in which the said sum has been ap-
plied ie estimated as foDowa :
L The repayments into die Treasury,
on account of principal, hate, during
the year 180B, amounted, as by the
aboTe mentioned statement E, lo -
S. The sniAi aetnatly applied, during
the year ISOS, to (be princSpal and
interest t>f Ihe pnMic debt, are esti-
mated aa follows :
tst. Paid in reimburse
ment of Ihe prind- .
pal of the pohUc'
debV ' - - «6,»e«,SS3 10
Sd. Paid on Bccennt of
interest and charges
ontheMUne - - 3,4^>G31 09

11,160,781 69

6;iOl,0Sl IS

issued, amounting to
And there were surrendered certifi-
cates ofthree per cent, stock, amount-
ing to 3,861,300 IS

In lien of which certificates of couTort-

ed etod were issued, amounting to l,8S9,8SO 70
And that the stateiaent H exhibit* the sjnounl aC
slock transferred to the Commissioners of the Sinking:
Fund, and lo the Treasurer of the United Slates, m
trust for said Sutas, U Ihe Slat of Deceuber, 1808, in-
dndiog the sum af fSTS Sfi, tianriemd in the yMt
1808, in payment for puUio lands.
AU whieh is lemectfuQy submitUd.

ALBBET GALLATIN,

, Sterehary of the Tmuttrjf.
[The taUea an omitted.]

3. The bafance which remained unex-
pendedat the close of tile year ISOS,
and applicable lo payments falling
due after that year, is estimftted, as

[Commaniealed to Iba Seiule, Febranry Sfi, 1800.]
Mr. QiLBB commnnicaced the followinz letter
md stalement from the Secietary of the Nb?t:
Fdtnuay 25, 1809t
Sir : The enclosed is a hasty sketch of the ideas
suggested to me in readiiig the bill before the Ban-
ate eniUl«d ''A failt funher to amend ibe sererat
aets for tlie eatabliihioeut and legalalion of tba
Treasur?, War, and Narr Deparimenta."
Reapecifullr, R. SMITH.

Warranit dra-wn bf (he Smreiarr of the NaTf
eponihe Treasurer of ih% United Stales, do, at
this time, and for many feats hare, specJDed
tbe particular appropriation or approprJationa tB
whieh the same nhould be charged. This ia ib«
nsaM of (tie Navy DepirtmeBt, sod
I it DDt « ftir exeeptiou^ in caaaa of

there Me

.yGoogIc

1771

APPENDIX.

Accomdainlitif in tke A^ D^nimnt.

inetiuble neeeitiiri whema bills hat« been
drawD lo dsfray contingeot expeuei, incurivd on
« ditUnt ataiiop.

Tlie mooey* paid by virtoe of (ueb wamiDU.
«re cliw{[itil in the booka of the AccouDiBiit of the
Navy, in such manner and form as ifae Treaiary
Deparimeoi bare, and from to lime may prescribe,
llie Accountant ol ihe Nary haTing ever consid-
ered himtelf, ai lo the formi of keepiog his ac-
counts, altoseiher under the coDlrolling superin-
lendency oribe Treasury Department.

It is, at present, the duly or all nary afcenls to
niske tbeir requis[iioi|s upon the Nary Defwrt-
ment, for moDeys, agreekbly to the KpeciSctlionti
of the sppropiiationlaw, and to rendec. monthly,
disiiDCiaccDUDiHof the spplicatioa of all moneys,
i^cording to the appropriniioa or approptiaiions
ludei nbicb the tai^e shall have b«ea drawn.
Paper* A wad B we copief of llu iuXruclioM lo
the navy agents, upon this subjeet.

I& tlu^ first seatioD, I find ike fbllowittg pio-
utioD: "Nu shall any credit be allowed lo either
of ihera, (agents,) except for eipemei aatboriied
bf law, anf for ihe amooni appropriated fer the
nme." Under such rertrictioas, no agent wonid
make a purchase, or indeed, incut any expeese,
without having money in hand to meet il, because
be could not know the exact state of the appro-
priation out of which such expense was to be
paid; or, if he knew the uneipended balance
of utch apptopn'aiion, he could not kn.ow what
diapoiiiiona the Pepartmenl might hsTe Doada
;t*pcctiDs such halancesi he would, tl^erefote.
iwver nuke a purchase without baring ig hvid
iD,oaey oi the appiopriation iiniler wbicb saoh
9 UrcMMe would fall. What would be ih« efhnt 1

SnppoM, in lime oE war, a publ^ tcshI ihouU
aniT* at any pott distant from the seat of Qo«-
ernmeni, viz: New Orleans; should b» in want
of repairs and Mpplies, and sbotild be on import-
ant service, which' requires her departure from
suck port with the least possible delay ; her com-
mander calls upon the agent for ihareqaiaita sup-
plies, which amouDi to S3,000 worth of provisions
and ^,000 of repairs : the agent his iu hand,
njonpy esDugb for the repairs, hut not (brtbepror
Titiona, lie must then writ* lo the Secretary of
Ihe Navy for money for the provisions, and before
1^ (eiB ai^ answw Uwa the Secratary, lArce
months may have expired. In this case, the ves-
sel would be detained three monihs for want of
provisions ; end, if the agent should have a bal-
ance of 86,000 in his hands, out of any other ap-
pfopriaiion than that of provisions, it would not
I»vent the detention of the vessel; for, if hea[c
fixA any part of that 80,000 to the purchase of
peovtuons, he could not be allowed credit for
■Dch purchase. The aoent could not, in this easa,
or in any other, negotiate a bill on the Deport-
neU) because iie wonid nevar know the exact
■late of the apprapriaiions.

Would il be possible for the Scaretary of eke
Svtf to keep tbe agents precisely informed as ta
Uf actual balances on hand, of each and every ap-
HWpriation; orconid he convey ■uekiDfotmation
U nny useful degree 7 AliJimfh he might di-

rect, daily, returns of each and evary wanvat,
upon each and every appropriation, lo be made
to theagenlSiStill, before auch reiams could readi
them, and particularly those at a dinance, ike
balances would be considerably reduced bv the
daily drafts upon Ihem, and might, ponibfy, be
exhausted.

If it were possible to convey such infbrmatitu
as would enable the agents to ascertain the exact
balances on any day of the year, this would not
remove the objection stated. No agent could tell,
without previous iotlruclions from the Secteiory
of the Navy, how far he could safely draw upon
such balances, as he could not posiiUy know
wbal other agents might bare drawn for. Sup-
pose a balance of 940)000, on account of repijrsf
and that ibe attenu at New York, Norfolk,
CharlesioQ, and New Orleans, know of this bal-
ance ; that, at each of these places, tkete are one
or more vessels requiring repairs; how can each
agent know what the other* may want? No one
of them can judge ; they will, tbereRire, all write
for inslructioo* to the Seereiarv of the Navy, and
wait to receive them before iney commence the
requisite repairs. Under the provisions of this
section, it would be the duty of the Etceretary of
the Navj to ioatruci the sgents to this efieci.

Such inBtrnetiDDs,as to public vessels on for'
eign aialion*, would, in a sttUl greater degree, im-
pede the public service. Such a vessel mighi be
detained in port six moubo, at on eiptnie of 85(L-
000, forwaniof $6,000, for provisioniaitd lepairs,
as the agent would notuudefiakA'ta make an ad-
vapoe lor the QcTemmeni to such an anooitl:
beoause, if he did, and should happen to exceed
the ^i4>topdation, he would not have eiedk En
the same.

The provision in Ihe laiMrpart of ihie eeeiwn,
which auihorizea the Preeident, "dnring the re-
cess of Congress," on the application of the Sec-
retary, and not otherwise, to direct "a portion of
the mpneya appropriated for a particular branch
of exjiecdiiure, to be applied to another branch of
expenditure, to the same departioent" would not
remove these difficulties. This provision would
be found a dvceplion, in practice ; it would not
enable an agent to make such applicaiion of
moneys, without a previoU4 special instruction
from the Secretary of the Navy. Uence, "tbe
public service would be oaady a* mnoh impedvd"
with, at without this provision. The agents
would not presunte upon the saaciian of like FreoU
dent, and draw on the DepartmeM; thai would
be applying the money before (he PresideDt is con-
sulted i whereas, the President can only saactioR
such application before it is made. He has not
power to do it afterwards. But, if this objection
could be removed, it might happen that ibe bill
would arrive at the seat of Oovernmeot, not " in
the recess," but during the session of Congress;
in such case, the President would have uu right
to give his sanciion. What, then, would be
the consequence t The bill is drawn payable at
sigkn ihf appropriation on whicb it U drawn is
insufficient b> pay il ; it cannot, ihe(efoie,be paid ;
the haldct ptotests the bill, and reaoris to the

.yGoogIc

1773

APPENDIX.

AcMmiabMbf m the Tfmy Ihpartment.

1774

dmwer fcr pajmeot sf prinet^, ratflrMt, cost*,
■ad daiDBfcva.

The proTiiioQs of ibe aecond Hctioa may be
osernl. It may be proper, however, for m« to ob-
HTve, that I know of no " iojanoai delaya," on
the part of the Accountant of the Navjr, in llie
settlement of accounts.

As 10 the proWiioni of tbe third s

ber that may remaio to ibe NaTjr Deparlment.
I would onlf retpeetfull/ submit to tfoe coosidera-
tioa of CoQgrcu^ wbeibar the aumbn of eEsen-
tial agr*otB o[ one Department should, at alt, be
alleel«I by tbe number that may be deamed n^
cessary tt> a distant Department of the QoTern-
mant. Under the limilaiionscoBiemplated, te-
riouB injuries to the puUic service might, and
f wonM happen. A public veasu might,

probably «
t>y stress o

by stress of weathei, or any other ctuie, be c<

" ' ■ t wker ■

ingoOoe ,
underittkciopureliaseiupplieehimBelfi be knc
nothing about the atate of the apiwopriations; and
would not obooee to put to hazard all his pay,
probabty ail his forrane. He must wriie to the
Secretary of the Navy for iDstr(KtioDs;«Dd hence
would reaolt injuriei, necessarily produced by
inch nnaTotdable delays, and by tbe appointment
of some temporary a^nt,'wbo would, probably,
be innoraai of bii datie*. .

The Navy Depaitmant haii, hitherto, distrib-
uted tha adTantagas of public expenditures, so
tkat every part of the Unibn has panicipated.
Uadar the. promiMs of this section, those ad-
vantagaa would be monopolized by tire lawns in
which the Depariment wouM hare agents. In
these towns a)l purchase* would be made.

With respect to the provisions of the fourth
section; ii is pr^»er, and it is at preseni prescribed
by law, thai the Comptroller of the Treasury
shall give instructions to the Accountant of the
Navy, BB to the fonaa of readering accounts, and
as to bis giving such forms to the nary officers
and a^nta ; and this, 1 presnTite, it) tbe intention
of this section. It is not, I (rasl, intended, that
stich forms shall be sent directlv from the Trea)-
uiy Department to agents of the Navy Depart-

The fifth wclioD previdea, tbal " no purcbase
or contract for supplies or services, shall be made
without the Presideai's approbaiian," An.

Is a piece of bentlege to he purchased, the Presi'
dent iBB»t previously approve the pttrvhase ; is a
laboew or a seaman to be hired, the President
nuiH previoosly approve the hiring. What does
the doty of approving or disapproviogaporehase
imply 1 It implies a knowledge of the quality,
value, usf, and quaatity required, of each and
every article, the purchase of which is to be ap-
proved or disapproved. If such If'nowledge is not
possessed, the duty caoaot be property performed.

But,iiidependea(ty of the Impropriety — the un-
less of imposing such duties upon the First
Magieirate ol tte nation— what would tw the
e&ct ■■ praetioe] In soitte few easea, it might

be partially doae ; In most cases it would ocoa-
aioo great losses and delays. In cases of pur-
chases ai the seat of Ooveromeat, it might be
pariially done ; but, in purchases r«]uired at dis-
tant ports, it would, obviously, produce great
delays. Suppose a public vessel is at Gibraltar,
and requires supplies ; not a single purchase cottld
be made without the previous approbation of the
President; and, indeed, uoder ibe provisions of
this section, not a man could be entered, to supply
the place of one that might have deserted, or
died, or have been killed ia action.

The President, it is provided, may approve,
either before or after the pnrcbaie, Ac. This
siibseqnent approbation of the President, to pur-
chases, &c., will not be considered as a matter of
course; be will exercise bis judgment, and ap-
prove or reject, as it shall dictate. Who, then,
would make a purchase, at the hazard, 1st, of
losing the whole amount, because there might
not be ftinds ; 2d, of having his purchases disap-
proved by the Presideotl No agent could, es-
pecially at a distance, make a condiiioo with the
vender, that, if the President did not approve tbe
purcbase, the articles should be returned to him
wilhoQt any compeusatiou ; because no person
would sell under suoh circumstancea.

I lake thit ocuasioa to suggest for consideratioD,
whether il would not be an improremeni of tbe
pTesent system, if theseveral Deparlmenlaof tbe
Government were, by law, required to make to
Congress aunaal reports of the expeodilares of
the respective Departments, so that CoDgresB
might see, whether, in any case, tb«y varied in
object, or transcended in amount, the estimates
upon which the appropriations are founded; and,
if they did, that a satisfaeiory explauation might
be therefor made. .

A. — Girtultw h tha iWawy Agents,
Nav? Dbpabthent, McaiA 9, 1608.

The appropriation law of the present year,
changing tbe classlSeatioas made by the law of
the last year, renders ii necessary that you should
receive additional instruetloaa, as to your future
conduct, in making requisitions, and in the man-
ner of expending tbem.

The law of the present year appropriates-^
For the pay and subsistence of (be officers and

pay of the seamen • - - $283,993 00
For provisions .... 157,360 20
For medicines, instrumeBts and hos-
pital stores, aud all expenses on

aaeooBi of thesick ... 7,70000
Far the purchase of ordnance and

other military stores - - - 15,000 00
Ftirrepairsof vessels, store rei}t,at)d

other cdntiogent expenses - '188,000 00
For liaaber, ordnance, ai>d other

materials for 74 gun ships, and

tmntporiation .... I14,43S 00
Pbr tbe erection of sheds and mvy

^ard«, inelnding docks and- other

improvement^ tbe pay of supaiin-

teadetiM, alotakaepers, clerks, and

laborers 48,741 67

.yGoogIc

1775

1778

AccotmUMtUy tn tht Namy DepaHmtM,

There t.n other appro priaiioDi, which, how'
erer, either relate to the MariDe Corpii, at are for
deficieocie* in the approprialioas for 1802, for ob-
jects which are c amp re n ended under the above
lieadr.

1 hare commenced, and shall prof rest, in lite
expendiiurea. under ibe determioatioD not lo ex-
ceed either of the parlieular sums appropriated.
I caanut, therefore, lay nif JDJuaclioDi od you id
lerma too forcible, lo be extremely particular ip dc-
atenating, la your requisitiou, the objecia upon
waich the ezpeadilurea are to be made, ibai we
may, at all times, be able to ascertain under what
heads of appropriation to make remillancei. It
will alio be expected, thai you will always give
« proipectire detail of the expenditures as tney
«re contemplated ; that we may make remittan-
ces with a full underiiandiDf uf tbe objects for
which they are made, and thus be eoibled to avail
ourselves, if necessary, of the whole lums appro-
priated, without exceeding either in the expendi-
tures.

In your letters of requisition, ^ou will be plea-
tad to exclude all matter irrelative to (be requi'
aition. Sould it be necessary to write to the De-
par indent on other points at the same time, that
you write for a remittance, be pleased to eom-
nunicate them in a separate letter.

We shall [tay no money upon vour requisitions
unless made in conformity lo ine preceding ar-
rangements, and I conGdeotly rely upon your ex-
ntioD* to enable me to carry these arniDgemenii
into complete effect.

The Accountant of the Navy will giv« yon in-
■tructioni as to expenditures.

I KtD, respectTullr, sir. R. SMITH. '

Navt DEnBTHENT, AccoMdOKCt O^ct.
Bib: the aysten adopted at this office for ar-
nDging the expenditure* of the Department, re-
quire* that the several object* and expenditures
should be kept separate and distinct, a* they fall
under the following head*, viz:
Pay of tbe Navy, inc.
Provision*.
Hospiul.
Contingent.
Ordnanee.

Navy yard* and docks.
Pay 01 superintendents, atorekeepers, dee.'
OuD boats.
The first of these heads wilt embrKce all pay-
saents made on accouBt ol' the pay or aubsiatence
of officers, or the pay of seamen.
The second will include all payments for, Or

The third, all laedicines, insltumsnis, tuid ho*-
pital stores.

The foarth, all expenditures, of whatever ua-
lure, on account of repairs to vessels, and, indeed,
all other expenset not falling under any of the
other specific hea^f • .-.<(. . .- , .

The hflb, alt. oMoiRC? .or (qifitary^toree pur-
diased for, or on account of the Navy.'

Tbe sixth, all expenses, of whatever naiore, in-
curred in the improvement of the navy yavds,
docks, and wharves.

Tbe seventh, the salaries and wage* of super-
intendents, storekeepers, &c.

The eighth, all expenseii, of whatever nature,

curred id building and equipping gunboats.

The form lierewiih ttaasmiiied, is fiamed on
the principles of this system, agreeably to which,
you will reader your accounts to this office,
monthly. Ii may also be necessary to observe,
that it will be proper to accompany your snm-
maiy siatrment by abstracu for eipeuditurex on
int of each vessel, or other specific object,
iding in your summary, in one line, the ag-
„ lie amount expended on the particular objecL
And further, that, as the commanding officers are
oimible for regulating all expense* on ac-
the vessel under their immediate com-
mand, no supplies can be furDtshed bat by the
direction, or with the concurrence in writing of
the officer commanding ; and, in all cases where
articles ate delivered, or services of any kind
rendered to a vessel, it will be the duty of the
commanding officer to receipt for the articles, and
to certify that the service* were rendered ; and
this evidence, in addition to bills with receipts,
stating the amouDt paid for all expenditnrea what-
ever on account of the vessel, will be Bceenarr,
to entitle yon lo credit it this office. And for all
expenditures, of whatever nature, bills and re-
ceipts will b« required. It, also, nay not be un-
necessary to observe, that all receipts must be
signed by the person onliiled to receive, and that
tbe receipt of one person for another will not be
kdmitted, unless aocorapanied by an order in

Nonpayment* or advanocs are to be noade to
anr officer of the Navy, on aceaont of pay, dtc,
unleat particularly ioilructed from this Oepail-

Herewiih, you will also receive a form for the
return of puhlio stores The object of thi* return
is, to exhibit a clear and distinci view of the
number, quality, and value of the articles pur-
chased, and not immediately expended or defir-
ered; and, also, those received from agents, or
vessel* of war, arranged in appropriate eornmns.
Q,uarteily returns of these accounts will be made

value' of the several, articles on band at the
be^in^ing of the quarter, the articles ^rchascd
within the quarter, and, aUo, those received from
other navy agents or vei^ls of war,** well, also^
those that rnxj be delivered within the quarter,
thereby showing the balance of articles remaia-
ing on hand at the end of tbe quarter. Vonchera
for at] deliveries must also aocorapany tile rctarn.
Respectfully, I am, dec.

Navt bsPABTUEHT, Accountant Qpiee,
February 34, 1809.
The foregoing is a. copy of instructims tiat
iasne from- this office to the navy agpDts,iB rela-
tion to the matiner' of JfeepioA abd 'fiibUiiliDg

.yGoogIc

177T

APPENDIX.

their accoualaj nirfin^ the hrads of expenditure
from lime to (ime, as it may be necessarjr, la cor-
rttpondwiib tbe specific appropriHtions.

Tbit Ffstem it was thouKht advisable, bf this
DeparEment, to adopt, in tbe year, 1803, and it
has been pursued erer siitce. Aniecedeat lo that
time, the accoants were Ic^pt under beads of
eipendiEure, according to instructions froro tbe
Comptroller of the l^easury, without regarding
(he speciOc heads of appropriation.

THOMAS TURNER, Aecmmtanl.

THE EMBARGO.

[Commonieated to the Homo, Feb. 6,, 1809.]
To the Htmonble Scnnt* and Bocse of Representa-
tivei of the United' Statea in Congreu asaembled,
(be memorial and remonitnnce of a meeting of citi-
zeni of tha third waid of the city of New YoA, u-
■embled in pumance of pablic notice, raipect&llj
mhaweth :

Tbat, in the eserciie of the nndoubted rieht of
freemen, your memorialists approach the Legis-
lature of the Union, to remonstrate a:;ainst cer-
tain prOTisions of the late act for enforcing the
embargo. At tbe same time, your memonalials
offer to Congreas a solemn aisurance of their
readiness to defend the rights of ibeir country,
not only against subjugation from abroad, but
against Usurpation and despotism at home. They
are firmlyaliacbed to theConsiiiution and Union
of these flailed States; and wbenerei no other
alleroBliTf shall remain, they will he ready to
viDdie«t», in arms, the caute of their coauiry and
of its Kberties.

Uuttl now, it haa been the boaat of those who
tore this cooniirv and iis political josiitutiona,
tbat we have a Gfovernment of laws, not'of men ;
that OUT citizens are liable lo punishment only
upon judicial eonviction of oSences, not on sus-
picion; that no'person can be deprired of life,
liberty, or properly, without due procen of law ;
that the right of being secure againit unreaeoiia-
ble teatches, cannot be riolaled; that warrants
cannot iuue hut upon probable cause, lupporled
by oath or affirmation; and as the great bnlwark
of defence for all these riihta, that the trial by
jury ahall be preserved. If prineiplea, in their
aatore so origiaal, and ao necessarily interworen
with tha fabric of erery free Governnient. can
need ft formal sanction, it will be found in the
letter uf the fourth, fifih, and sereuth amend-
menls to the Consiitmion, and in the spirit of
BTery part of that inatrument.

In the act against which yuur memorialists
remonstrate, they ace direct and palpable riola-
tioDs of theae principles, in tb« following, among
other particDlars;

That, by tbis act, a oittzen may be deprived of
bis properly witbont proeeta of law :

That, by ifaia act, a citizen maf be deprived of
bia properl* at the caprice of individuals, not
only when innocent oftnyoflenae, but of the in-
tent to comnut toy :

Thai, by this act, a
his property without a
out proof, wiihoul trial, without iuJgment, with-
out the benefit of a legal appeal against the in-
justice, and without remedy: ^ >-

That, by this act, our properly is subjected lo
iostruclioDs from (he President, which may be
kept secret; which may be different for different
classes of men; which may proceed from misin-
formation, or worse causes; and which maybe
partial, arnitrary, and oppressive :

That, by (his acl, our properly is placed undet
(he discretion of officers of tbe revenue, with
uiore than judicial powers, who, yet, are not
sworn as judges, oor liable to impeachment as
such ;,nor independent in office, nor presumed to
be learned in the laws, nor bound to examine
facts, or hear the accused :

That, by Ibis act, our properly is subjected to
seizures, which may proceed, not only Irom mis-
lake or false-iaformatton, but from private malice,
party animosity, or other corrupt motives:

That, by this act, the military power is intro-
duced inio the execulion of municipal law before
any resistance made, and when there is neither
rebellion, war^ nor danger of invasion :

That, by ihis act, we are subjected to vexatious
aearcbea and iQlrusionB, without probable cause
supported by oalh or affirmation:

That, by this act, belief of guilt is taken for
guilt itself^ and, without the forms of law, ia pun-
ished accordingly ;

That, by (his act, we are subjected to secret
and odious inquisitions,, inasmuch as, when in-
formed against, we have no means of knowing
ihe accusation, or of being confronted with the
witnesses, or of having a public (rial:

That, by ibis act, new conditions are annexed
(o bonds already given, and some of these condi-
tions impossible to be performed :

That this sc( appears intended to bar the le^al

remedies for seizures, and other wrongs which

mav be most oppressive ; and, instead of (he law

of the land, our undoubted and hitherto undispu-

irthrigbt, it refers us, for redress, lo a peti-

, 1 summary hearing, and the final disureiion

of a district judge:

Tha(, by (his acl, the Legislative, Judicial, and
Executive powers, are vested in one man; which
despotism.

The intention of your memorialists has been to
confine themselves, in this remoostrance, chiefly
10 the objeclions ofunconstilutionalily ; but they
presume 10 notice some of the other particulars
in which they conceive the act to be oppreasire
ID the citizens, and dangerous lo public lineriy.

The excessive security required for vessels and
cargoes, (being six limes their value,) is produc-
tive of various vexations and oppressions upon
almost every class of the community. Upon (he
small trader and boatman, when unable to find
security, ihe acl operates as a total prohibition of
the use of bis property, Ii increases the expensci
and rislCs of those engaged in Iransporialion ; it
(htta diminiahe* competition and supplies; and,
without benefitting (he larmer, enbancea the

.yGoogIc

1779

APPBNDIX.

1780

Oaiv

of Tfumuu Paine.

prices of fuel and proTi*ioii« in tbe cities, al ft
lime, ID other respects, sufficieailf cahraitoua.

Tbe great number and amoual of boods will
also iD?alve almost (be whole inercaotile com-
munity in respoDBibilities to QovernmeDi, to in
amount equal to that of their properly, and par-
haps superior. In ease of snitJt, therefore, il may
be impassible far tbem to procure conpeieot bail ;
and thus the liberty of a grent portion of the citi-
zens may be held at the mercy of the protecuting
officers of QoverameDl,

Another effect, uot leu to be' deplored, i*, that
this set, like all arbitrary powers, is calculated to
infest society with spies aoj iuformera. It will
multiply feet, and the exnctioni of office, eneour-
a^e prosecutions, and enrich a hoai, not only of
spies and informers, but of colleciors, surveyors,
tide-waiiert, and other cuitotn bous« officers, dis'
trict iitoroeya, marshals, clerks, and their tubor
dinale agenis, who wilt fatten upon the puhlit
diilress.

If aoolher case was wanting to <bow the possi-
ble oppressions and despotic tendenciei of tbe act,
we might notice its application to our own, city.

The city of New York receives its supplies of
prOTisioQS and necessaries by boats and water
craft. By ibis act, thooe vessels must hava a
generator special permission, which tbe collec-
tors may refuse, for certain reasons, and the presi-
dent may direct theia to refuse without any rea-
ion whaierer. We presume New York is the
only city on earth, wnere, accordiDg to a public
aod formal law, the people may be starTvd at ihe
mere will of a single individual.

Such an act is not more a violation of the ei-
press words, and whole scope of our written Con-
stitution, than it is an attack upon those funda-
meoial principles of civil liberty, which, anterivr
10 all charters of rights and powers, form tbe
basis of every social compact.

But the alarm which ibese provisions are eal-
colaied to inspire, it, if possible, increased, when
we find the act defended on the recent precedent
exhibited at New Orleans. If, indeed, this act
shall as soon be made the precedent for another
•imilar step, there may be scarcely time for the
people to awaken, before tbe name of American
liberty will be remembered only as a dream.

The occasion does not require vour memorial-
ists to discuss tbe delicate questi'oa, how far, in
all cases, the application via effect of laws may
be Constitutionally subjected to tbe instructions
of Executive officers; but we can readily discern
e when ibis cannot be done. No
.uldj- ■ - ■■

king our lives oy military execu-
iwii, without offence, accusation, proof, trial, or
sentence, upon the collector's mere belief of our
intention to violate the embargo. - Yel liberty
ajld properly.are guarded by sanctions as strong
aa life, and the violation of one is no more a
wound to the Constitution than of the other.

To hardships, deprivations, and oppressions,
sucbas this act may impose, it scarcely can be ex-
pected that the freemeD of this country will
submit.

The; cao.aai'ar vubmit to nuliury govern-

They can oever surrender the trial by jory :

They can never consent to hold iheir properly
subject to the arbitrary control of anv man.

They can never surrender those other essential
rights of freemen which are guarantied by tbe
State and General Oonstiiuiions, which their
fathers fought to maintain, and which, when tbe
occasion calls for it, they will slso know how lo
defend.

Rf mote as we Jire from the seat oT the Ocneral
Gkivernment, we well koow (hat Congress and
the Executive have been assailed and deceived by
interested iadividools and wtcigneta for office.
Such persons are seeking a mDmentary profit in
measB>ea which may ruin tkeic coonlry. Nor
can the suggest ion,, (hat these are the opinions of
a factious few. or of parly animosity, be other-
wise than injurious. It cannot long b«c<uieealed,
that, in this and the neighboring Stataa, the act
hoB exoited a spirit which is rapidly uniting oil
lealfriendsoftha country in a common aeolisent
of disapprobation. We deplore the fact, that
Congress should remain ignorstit of the stieDgtbi
ofihis sentiment, or be regardless of ilaeipreMiooa.
We solemnly forewarn our Oorerumeat of the
dangers which may ensue from an aiieinpi to
array its powers, against the rights of the citizens^
or to enforce an act wbicb can Dever be ezecnted
against tbe will of a free people.

And we respectfully pray Congrcsa that the
act aforesaid may bs immediately repealed.

Signed, on behalf of theiuelvaa, and of the

j! LITTLE, auirman,
fi. DUNSCOMB, aienUiry.

CLAIM OF THOMAS PAINS.

[Comma nicftted to the'Htnue, Fcbmarr I, L80B.]
Mr. HoLHGB, from tbe Committee of Cbiias, Ut

wbon was referred the memorial of Thanoa

Paine, made the fallowing report:

The memorialist itateB. that, in the be^ning
of February, 1761, he sailed from Bosum in the
frigate Alliaace, with Colooel Laarvos^wfao waa
appointed by Congress to negotiate a lama with
Ihe French Qoveromint, for tbe benefit of Ae
United Slates ; that he aided in effactiag the im-
portant object of this miesion, and tkns toIub-
larily rendered an essoaiial service to tke ecnniTT,
for wbiob be has received no compensation. Thi*
memorial was preaented to Congrcaa at their last
session, uoaccompaniod with any eiidcoce in sup-
port itS the statement of facts. The Commiitee
of Claims, to whom it was then referred, eodeftv-
ored le procuce, fiftm proper source*, saeh inloraa-
ation as would guide them in makiiig an eottita-
ble decision apon the ease. The Jonrnus of
Congress, under the former Coofedcratton. irere
diligently examined, but nothing woe tWein
fatud lending to show (bet Mr. Pome waa in any
manner connected with the t&iadoa of ColtHiel
Laurens. It appears that, on (he IStb day of Oe-

.yGoogIc

1781

1782

Claim cf Thotaaa Paine.

tober, ITS^tworewlutiont vara adopted iofaroi
of Major Jackson : one for defttfing certaio es-
peoKB incident to Ihs mission, tbe other allowiag
aim $1,450 u a foil compeosatioi) foi his seryicet,
-while acliaf as Beerelarf to Catonel LBUceiuk A
letter from the Viee PresideDt, it) answer to oae
■ddretaed to him by tlie Cbairm^n of the Com-
mittea of Claiini, u herewith preseoted. It will
be observed, that the stetenLeot of this i^ntteniao
is from iDfarmalion, and not from hi« own know-
ledge. That Mr. Paina embarked witb Colonel
Laureas fVom the United States for France mxy
be admitted.; but it doe* not appear that he was
emplovei) bf tbe QoTefameni, or even toUciied by
■B]«officer thereof to aid in ibe aocampiisbment
of the object of the mission with which Colonel
Laucen* was iotrUBled, or that be took any part
whBte*», after his ariiTal in France, in forward-
ing the negotiation ; your Committee are, there-
fore, of opinion tbai th« memo^alist has not
ettMbtiahed the fact of his hiring teodeced the
service for which he atks to be campeotated.

On the aeih of August 17BS, CoDgiest, by a
reooltHioQ, d^olwed that Thoma* Paine was en-
titled to B libeeargraiiGcalion from iba United
States f«T bii uhsoLioited and coDlioued tabors in
explaining and eaforoing the principlei of the late
Revolntion ; and, on the 3d of Ootobec following,
the Board of Treasury were directed to take order
for paying Mr. Paine three ibousand dollars, for
the CO nside ration^ meniioaed in the abov« resolu-
tion. This sum. ii appears, Mr. Pajne received
on the llih OctoW, 1795. That Mr. Paine ren-
dered great a,nd eminent seririces to the United
States, during their struggle for liberty and inde-
pendence, cannot be doubled by any person ac-
quainted with htalabvM to tba cause, and attached
to the priooipka bf the coatest. Wbelbar he has
been gencrowly requited by bia oountry for hii
meritorimn eiertiona, iF a qoeition not submittad
to your Gonmitie*, or wathtn their pcnvince to
decide.
The following resolution it oAred tothe Honse:
Kaoived, That Thomas Paine have leave to>
withdraw his memorial, and the papeta tooon-
panfiog the same.

. New Yore, Februan/, 14, IS08.
Citizen Representatives ; In my memorial to
Congress of the 3lEt of January, 1 spoke of a re-
■wlve ot the old Congress of three thoinand dol-
lar* to me, aod said that the resolve bad relation
to a matter it did not express ; that Blbridge Ger-
ry was chairman of the committee that brought
Id that resolve; and that ifCongresaTefeiiied Ibe
memorial lo a eommittae, I woald write to that
oomiaitt«e, and inform them of the paitienlaK of
it. it has relation to my conduct ia tbe affiilr of
Silas Dean and Beaumarchait. ■ 'The earn it as

When I was appointed- aeeretary to the Coi
mittee of Voniga Affair*, all the papen of the
teitet committee, Dose of which bail been aeea
by Oongtcsa, esse into my hands. I saw, by the
eoiretpondenee of that comnittee with p«i

in Europe, ntrtioularly with Arthur Lee, that tbe
stores wbica Silas Dean and Beaumarabais PIV-
tended they bad porchasei! were a present irom
tbe Court of France, aod came out of the King's
arsenals. But, as this was prior to ihe alliance,
while the English ambassador (Siormont)
was at Palis, the Court of France wished it not
to be known, aod therefore proposed that ''a small
quantity of lobaoco, or some olbra produce, should
be sent lo the Cape (Cape Francois) to give it
'' ~ ait of a mercantile transaction, repeating over
over again that it was for a cover only, and
fur payment, as the whole remittance waa
gratuitous." (See Arthur Lee's letters to the se-
et commilteei see alio Benjatnin Franklin's.)
Knowing theoe things and seeing that the pub-
: were deceived and imposed upon by the pre-
tensions of Deaa. 1 took the subject up, and pub>

Public on Mr. Dean's B&ir;." John Jay waa
then President of CoDgfesc,^r. Laurens having
resigned in disgust.

After the third piece appealed, I received an
order, d«ted CaDgreia, and signed John Jay, tbaf
"Thomas Paine do attend at the bu of tbii Hooatt
inmadiately ;" which I did.

Mr. Jay took op a. uewsmper, and said, " Here
is Mr. I>un!ap's paper of December 29. In it is
a piece entitled Common Sense to the Public oa
W. Dean's affairs ;' I ais directed by Congress to
ask you if you are the author." "Yet, sir, I ara
the author of that piece." Mr. Jay put the same
question on tbe other t^Q pieces, and received the

1 was gone, X
Carolina, moved that "Thomas Paine be dis-
charged from the office of secretary of the Com-
mittee for Foreign Affajrs," and prating Qoov-
erneur Morris seconded the motion ; but it was
lost when put to the vole, tbeStaies being equally
divided. I then wrote to Congress, requesting a
hearing, and Mr. Lantena made a motion for that
purpose, which was negatived. The ncKi day I
kent in ray resignation, saying, that " as I cannot,
consistently with my character as a freeman, sub-
mit to be censured unheard, therefore, to preserve
that character ej]0 maioiain that right, 1 think it
my duty to resifa the office of secretary to the
Committee for Foreign A&irs, and I do hereby
resign the same."

AfiPr this 1 lived as well a* 1 could, hiring my*
self as a clerk to Owen Biddte, of Philadelphia,
tMl the Leeislalure of Pennsylvania appointed
me clerk of. the Qeneral Assembly. But I still
went on with my publications on Dean^s aSairs,
till the fraud became so obvious, that Coagresa
were ashamed of supporting him, and he abscond-
ed. He went from Philadelphia to Virginia, and
look shipping for France, and got over to Eng-
land, where he died. Doctor Cutting told me
he took poison. Oonverneur Morris, by way
of making apology for bis conduct in that afiair,
said to. me, after my return from France with
Colonel Laurens, "Weill we were all dup^d,
and I tupong tt>*i rest."

.yGoogIc

1783

APPENDIX.

1784

Otmberland Road.

As lbs wUrjr I hid as imraurr to ifae Com'
mittee of Foretgg AfiaiTi was but small, being
only 9800 a rnr, ftnd ai tbat had b«tn freiled
down hf ihe deprMialioD to len than a fifth of
iu Dominal rnlue, I wrote to Congress, then sit-
tlDgai New York, (it wi» after Ihe war,) to make
np ibe depreciation of my islarv, and alto for
some incidenial eipeoses 1 had otto at. Tbii
letter wai referred to « committee, of which El-
bridffe Oerrjr was cbairman.

Mr. Oerry then eanie to me, and said that the
committee bad consulted on Ibe subject, and they
iotended to bring Id a handsome report, but that
tbey thought it best not to take any notice of

Jour letter or make any reference to Dean't af-
lir or your salary. They will indemnify you,
said be, without it. The case is, there are some
motions ou the Journal of Cangrets, for censur-
ing you with reapect to Dean's affair, which cao-
Dot DOW be recalled, because ihey have been
printed. Therefore, we wilt bring in a rejpori
that will supersede them, without mentioning the
purport of your letter.

This, citizen representatiTea, is an explaiiatibn
of Ihe resolve of the old Congres*. It was an
indemnity to me for some injustice done m& for
Congress bad acted disfaonorablv to me. How-
erer, I prerented Dean's fraudulent demani) be-
ing paid, and h> far the country is obliged lo me ;
but I became Ihe victim of my integrity.

I preferred ilaling this explanation to the com-
mittee raiber than to make it publie in my ma-
morial to Congress. THOMAS PAINE.

New York, Partition bt., Nb. 63,

F^ruarg 2S, IS08.

Sib: I addressed a memorial loCoagres* dated
January 21, which was presented by Q«orge Clin-
ton, junior, and referred to the Committee of
Claims. As sOon as 1 knew to what committee
it was referred, 1 wrote to tbat committee, and
informed tbem of the particulnra respecting a
rote of the old Congress of Q3.DO0 to me, as 1
mentioned I would do- in my memorial; since
which I hare heard noibing of the meiqoriat or
9f any proceedings upon it.

It will be conTcniant to me to know what Con-
gress will decideon, because, it will determine me
whether, after so many years of generous services,
and that Id the most perilous times, and after
seventy years of aga, 1 shall continue in this
country, or offer my services lo some other conn-
try. 11 will not be to Eagland, aoleat there
should be a revolution.

My request to you is, that you will call on Ihe
Committee of Claims to bring in their report, and
tbat Congress would decide upon it. I shall thea
know what to do.

Yours, in friendship,

THOMAS PAINB.

The Hon. Sfiakbb J9buae of Rept.

Naw YoBK, JtforcA 7, 1808.
Sir : I wrote you a week ago, prior to the date
of this letter, respecting my memotiat to C<u-

r any

great, but 1 bare not yet seen ati a<
proceedings updn it.

I know not who the Committee.of Claims are,
but if they are men of younger atandiDg (ban
"the times that tried men's souls," and, eonae-
quently, too young to know what the condition
of Ihe country was at Ibe time I published Omn-
mon Seiue, (for I do not believe independence
would have been declared had it not been for the
effect of that work.) they are not capable of judg-
ing of the whole of the services of Thomas Paine.
The President and Vice President can give yon
information on those subjects, so also can Mr.
Srailie, who was a member of the Pennsylva-
nia Legislature at the times I am speaking^f.
He knows the inconveniences I was often pot to,
for the old Congress treated me with ingraiiinde,
ihey seemed to be disgusted at my popularity, and
acted towards me as a rival instead of a friend.

The eiptanaiion [ sent to the committee re-
specting a resolve of the old Congress while they
sat at New York should be known to Coogresi,
but it seems to me thai the committee keep ev-
erything to ihemielves, and do nothing. If my
memorial was referred to the Committee of
Claims, for the purpose of losing it, it ii nnmanly
policy. After so fnany years ofservice my heart
grows cold towards America.

Yours, in friendship,

THOMAS PAINE.

Hon. Speaker of the Haute of Rep*.

P. 8. I repeat my request, tbat jron would call
I on the Committee of Claims to bring in (heir re-
port, and that Congress would decide npOD iL

SenatK Cbahbbr, Mardi 23, 1808.

Sib: From the Information I received at ihft
lime, I have reason lo believe thai Mr. Paine ac-
companied Colonel Laoreoa on his mission to
FrancOi io the couiae of our RevolaiionarY war,
for the purpose of negotiating a loan, and that he
acted as his secretary on that occasion ; but al-
though I bava no doabt of the truth of (hit (act,
I cannot aitert ii from my own actual knowledge.

I am, with great respect, your moat obedieat
servant, QEOnOS CLINTON.

David Holmes, Esquire.

CUMBERLAND ROAD.

[Gommnnicated te CongrMS, February 17, IBOB.]
7b de Senate and Bout af

ibpWMteMHt of tkt Uraitd SuOta.-

1 now transmit to both House* of Coogrets a
report of the Commissiooi-rs appointed under tb«
act of March 2EI, 1806, concerning a road rrom
Cumberland loOhio, being a statement of the
proceedings under the said act, since their last
report communicated to Congress, ia order that
Congress may be enabled to adopt such fartbef
measures as may be proper tinder esistiag eu-
cumstanets. TH. JEFFERSON.

DsoEHBER IS, 1808.

.yGoogIc

1786

Cumbaioftd Road.

AuousT 30, 181

Tbe vndenigDed, two of the CommiuioDers
ander the law to rrsulRte tbe Inyiag odi and
makiog a road fTom Cumberland, ia Ihe State of
Maryland, to the State of Obio, report to Ibe
PreiidenI of tbe United States, thai, hariog in
Maf last recumed the duties auigned (hem, (hcf
have extended the loeaiioii of ihe route ti '
Ohio river, which, with the olber parts he
fore reported, complete! the location, grading,
»nd marking tbe whole route from Cumberlaod
to the river Ohio, agreeablf to the plat, course,
and distances thereof, which accompany this
TMori.

The first report of Ihe CommissioDers on thtE
subject slates the reatoa* and neceuitf for adopt-
ing, as a arosaing place on the Obio rirer, a point
opposite Ibe lower end of Whieelen isUod. "
approacbiag the Ohio with the location, it
found that this point could be reached on a ri. _._
somewhat liiorter than by pauiog through the
town of Wheeleo. It was, howcfvr, also atcer-
tained that tbe [tortage between ibe Moaonga-
hela and the Ohio rireis would not be leagth-
ened bjt passing through the town which lies on
the east baok of the Obio, and aSbrds as eligible
a port for embarkation as the lower point. In
CODsideralioD whereof, and ihal many important
adrancages would be presented to emigraois, tra-
ders, and others, in a choice of supplies of boats,
■lores, and other accommodations along the shore
through the town a mile in leagih, whieb could
not be otherwise is conTeoiently obtained, arid
thai as the groiioda on the lowo route, being lerel
neartf the whole way, held a decided preference,
the Oommisaionen were of opinion that tbe
town ronie was eniilledtoa preference, inas much
as it was best osleulaftd to secure ^bliif benefit,
and guard against private injuries.

In reporting the parts which require the most
immediaie am ali oral too, Ibe Com missionerr hare
to sute ibai the part from Brownsville to the
Obio, like the other part of the route nporied,
ocenpiee but little of the old road ; thai it paases
through a coaniry formed wholly of hills and
hollows, more irregnlar in their bearings, and,
oonaeqaenily, rendering tbe locitioa more diffi-
cult and tedioas than that herelofon reported,
and ooaBniog iha rouie, in many places, lo the
sides of hiUs which, from necesaity, were orosaed
oUiquely.

From these ci ream sta noes, and thM of the
rough, sloB)r atate of ihe-more level paru in the
monnlains, it ia not snppoaed that the balance of
Ihe funds appropriated will be adequate to the
auenae of renderingthe whole way barely past-
able, and mneb less to make it eonvenlently so;
■either is ii believed ihsi a road on thesesideling
grounds, barely of suBScient width to pass e
wagon, would remain passable half a year Wilh-
001 the precaution of welt-seeuredeonduiu, which
an nncorerad road of common width will not
admit. If this opinion should lead to a qnesiioa,
how the present roads through that country are
lupt in passable order, the fact of tbeir direction
beug pnoeipnUy adapted to the eroesJog of the,

cessity of digging, will furnish tbe answer ; while.
at the same time, it accounts foe the steepness of
the hills on ibese roads, and ihe great difficulty
and sufferings experienced in passing ibem. Un-
der all the existing circumstances relative to the
application of the remaining funds, the Commis-
smnetB are impressed with a belief that, instead
of using the money towards making the whole
way merely passable, ihe improvement of a few
difficult )riaces, wbicb, in that way, may be ren-
dered useful lo [he inieroouree on the roada now
in use, would be much more advisable, as muoh
more benefit would result from it.

Among, those places which, in the opinion of
ihe Commissioners, have tbe highest claim to
immediaie atieotion, are the crossing of the
month of Dunlap's creek, between Brownsville
and Bridgeport, and the crossing of Wheelen
creek, between tbe town and the lower point of
the island. At both these creeks bridges are
ranch wanted. The next object is what is called
tbe Dug hill, near tbe town of Wheelen, wbera
considerable difficulty and hazard is encountered
for want of b safe pass across that hill.

As bridges bail! with wood, when supported
by stone pillars and abutments, and judiciously
conairucted and secured from ttie weather, may
answer every purpose for many years, it is con-
ceived that toe combination of economy and use-
fulness in this sort of bridge will recommend
tbeir adoption for the preseuL

From a ioue[h estimate of the probable expense
of these ameliorations, it is supposed that for a
bridge over Dunlap's creek, (2,500, and over
Wheelen creek, $4,000 may suffice, with the vol-
untary aid which will be affiuded by theinhafai-
UoU of the respective places; and that $1,500
may be usefully and enectually applied in cut-
tine and forming a secure and easy pass orei
Wneeleu hill. It is suggested for eon si deration,
whether the most eligible application of any sur-
plus fund would be in making and perfecting ta
much road, by way of sample, as it is competent
to, near Cumberland, or where tbe Virginia line
intetiects the western route at Owynn's tavern.

It is found IbU, from Cumberland to Browna-
ville, there is an abundance of stone, in oonvfai-
ent situations, for the purposes of 'bridges and
coteringthe road. Tbe grounds front Browne-
viUe to Wheelen are not so conveniently atned,
but afford very ample supplies.

TheoUect of thisesttDlishmeot being lo afford
safely and facility in the intercourse upon it, ibe
Commissioners trust it will , not be deemed pre-
sumptuous in them to sumkbI their ideas of tbe
mode of making tbe toaa oest ealeulaied to ao-
complish this important object, and which the
paeutiarity of the grounds seem lo require.

The law directs the whole widlh of tbe road
lo be sixiy-six feet. Although it is essential to a
great highway to have euffieianl apace for the
admission of son and air, it is not supposed to be
otended that the whole breadth should be re-
duced to a form poMtUe with wagons ot other

.yGoogIc

1787

APPENDIX.

1788

Cnpfotn Pik» and hit Companioiu.

eftfriasea, or even riagie hone. It is ihoaght thit
forty Feet, and not leB:<, will be amply sufGcient
for Ihii great thoroaghfare t twenty feet of which
to be corered ooe foot deep at least, with broken
■tone, 10 redoced as to pate tbroogh a gauge ring
of three inehet diameter; the covered part to be
in the centre of the forty feet, with crow eon-
diiii at ivitable diBtaoees, well paved and arched ;
ten feet on each side of the covered part to be
level erostwise of the road, except only such io-
elinatioD ae may be necessary to prevent Water
from lying oo the uncovered part. Stooe arcbea
are deemed the moil eligible mode of bridging
all the tireami od the way, except the two creeks
already mentioned, and the Big and Little Youg-
btgana, where wooden bridge* are for the ptes-
eent thought moat adviaable ; and except alto the
MoQonganela river, the size of which, and the
high floods which frequently fill alid partially
oversow its banks, render the bridging of that
stream a work of too much niaKiiiliH^ to encout^
age the attempt at ihia time, but present no unti-
snal imiiedrmenti in the way of ferrlet.

The initrociioos from the President, dnder
data of the eih of Augost, not hariog come to
hand before finishing the work, and leaving iltat
part of the country, the Oommiasionere bare to
atste, that a short time before the completion of
the route now reported, they were informed by
several of the inhabiiaots, in behalf of the town
of Washington, in Pennsylvania, that a route
had been carefully run, graded, Ac., at private
expense, from BrawnsvUTe, through that town
nearly to Wheelen, which would m found but
little, if any, loDger than the ro«e laid 0^ by
the CommiBsionera ; and was stated to be eapa-
Me of very great improvement nnder the snpe-
"' " ; that it com-

y great i
of the I

believed, would give it a preleteDce ; all which
was so eonfideoily asserted, that altbouffh the
Commiisioners were eonvineed, from the Knowl-
edge they then possessed of the geograbhieal-sjt-
tiation of the town of Washingtan, that some
knislake mnti have taken place h the rearesenl-
attoa of the distance on thai route, yet, id order
to gratify the snllcilode of those ioterested, and
tn BMertain to them the merits of their claiins,
as far as a view and oomparlson of raeasvrement
and local adraniBges could effect it, the Com-
minioner* were induced to make thm view and
meassrement on their retorn from Wheeten ;
which heing done, that route appeared upwards
of foor miles longer than the route located by
the Coram Ls^ooers ; and after dedBetii>g one mile
for imptovement, being the utmost it appeared
capable of, there remained a diffen-nee of np-
vards of three miles against the Washington
lonie.

It was well known to the CommiasioneTs, (hit
the distance from Brownsville to BtioH eresk
Wa* less than to Wheelen, and that to Charlev-
town WIS still less than id Short creek ; but
knowing also thai Wheelen lay one degree north
of West from BrowDtville, and north of a straight
line from the latter place to Chllieothe, Vin-

eennes, and Bt. Lewis, or even to the centre of
the State of Ohio, they could not prefcr peinla
still more aorth, which would conaeqaemly in-
crease the angle at the Ohio, and neeeasarily (he
diatance In passing west from Brownsville; and
if Wheelen, Short creek, and Charlrsiown, had
been on aa eonality in all other respeeis, the eir-
canistanee or Wheelen being a point of more
useful navigation for the heats of tradeis or emi-
grants at low water, coold not have escaped the
Bltentioa of the Gommissioners ia deeiding va.
the point best entitled, in all respects, to a pref-
e/enee.
The undersigned have to regret the absence of

their eolleagtie, Joseph K^r, wbttae domestic
Wonld not dispense with his persona'
by which they were deprived of th

benefit of hiseo'Operation,BtideonsingileDt)*tnxed
with a larger «hare of the dotiea. All wiiiek is
teipeecftilly sabmitted.

BLIK WILLIAMS.

THOMAS MOORE.

CAPTAIN PIKE AND OOHPANIONfl.

[CoQununkated to the House, December 16, 1808.]
Mr. John Hohtsohckt, from the committee,
to whom was rel>rred the resolution lo iaqnire
whether any,' and, if aay, what compensation
ought to be made (o Capiaia Zebnlon M. Pike,
ana his companions, for their service* in explo-
ring the Mississippi river, in their bte expedilran
to the souteea oi the Osage, Atkaests, sad Ia
Platte rivers, and ia their toar through New
Spain, made the following repoiti

That it appears by the doenmenta aecnmpany-
iag this report, that the objeols af each of ibe
exploring expeditions, tofatfaer With the jnsiroe-
tioQs for execaiiag them, were eommanieated to,
and approved by, the President of the United
States; that the conduct of Captata Pike, in
each of the expeditions, also net withlbe appro-
bation of the President, and that the information
obtained and communicated M the Bxecniive on
the subjects of his iastroeiibns, aad |wniealarly
in relaiioo to the soaraea of the MiaaiiMppi, and
the natives in that qoarter, and the ooantry gen-
erslly, as well on the Upper Mississippi, ae that
between the Arfcansaa and the Miasoari, and on
the borders of the latter eiiensive river t

source, aad the country adjaeeat, is hwhiy ii
etting ia a political, geographical, and faistoi
view ; aiMl that aliboogh bo special eneoorage-

meat was ^ven to the individaals who performed
I h ess- laborious end dangerous expeditioni^ vet it
was hut reasonable for them, should they forta-
nately sueoeed in the objects, to expect some re-
ward from CbveruBMnt; that the zeal, paaever-
ance. and iolelligenee of Captain Pike, as eom-
nander, has been meritbrioas, and the oondnet of
the individuals generally who eonpoeed the par-
itni respectively, has been hithfnl, attd the exer-
tiona atnwns. The coataittee, tbaKfera^ aie ^

.yGoogIc

1T89

APPENDIX.

1790

Captabt Pike and hit Cbmpontou.

opinioD, tbat compenuiioli ought lo bt inail« bf
lav to Captain Pike and hla companions.

DoamuM*.
War DipartUent, Dee. 7, 1806.

StK : I herewith enclose copies of the instruc-
tions to Lieutenant Pike, for the gorernmeot of
his coadncE on the two exploring expeditions al-
luded to in your letter, and likewise lists of the
Barnes of the men compocing those parties. You
will perceiTe that the instructions were gireo bv
General Wilkinson ; the object, however, of each
party, together with the iastroclions, were com-
municated to, and approved bf, the President of
the United States.

Ailhoutrh uo special encouragement was given
to the individuals wbo performed these laborious
■Dd dangeroug expeditions, vet it was but reason-
able for ihem, should ihey roriunately succeed in
their objects, lo expect a liberal reward from the
Oorernment \ and aa there ran be no reasooable
doubt of the zeal, peneveraneCj and inielligenee,
of the commaoder, or of the faithful conduct and
arduous exertions of (he iodividaals geoerally,
composiDg the respective parties, it may, I trust,
be preaumed, that no objection will be oppoted to
a reasonable compensation for such meritorious

I am, verf respectfully, sir, your obedient ser-
vant,

H. DEARBORN.
Hon. X MoNTaoHEnr, CKoirraan, fc.

JlBAffQDARTaaa, St. Louib,

Afy30,1805.
Sir : Having completed your equipments, you
■re to proceed up the Mississippi with all possible
diligeoee, taking the following instrnciioDs for
your general govenimeni, which are to yidd to
yonr discretion in all cases of exigeocy.

You will please lo take the course of the river,
and calcolate distances by time, noimg rivers,
creeks, highways, prRiries, islands, rapids, shoals,
, quarriM, timber, water, «oiI, Indian vil-

It ie interesting to Qorernment to be informed
of the popalation end residence of the several
lodmn nations, of the quantity and species of
skins and fur* they barter per annam, and their
relative price to goods ; of the tracts of country
on which ihev generally make their hunts, and
Ihepeoi^e wrtn whom they trade.

Tou win please to examine strictly for an in^
tettnedlate polot, between this place and Prairie
d«s CbienSj suitable for a military post, and also
on the Wisconsin, near its month, for a similar
ettablighmeDt, and will obtain the consent of the
Indians for their erectioc, informing them that
they are intended to increase their trade, and
ameliorate their condition.

Yon will proceed to ascend the main branch of
the rirer aiKit you reach the source of it, or the'
seuoB nuiy forwd yoor further progtesa withont \

endangering your return before the waters are
frozen up.

You will endeavor to ascertain the latitude of
the most remarkable places in your route, with
the extent of the navigation, and the direction of
the different rivers which fall into the Mississip-
pi, and you <hi1I not fail to procure specimens of
whatever you may find curious in lot mineral,
vegetable, Aild animal kingdoms, to be rendered
at this place.

In your course you are to spare no pains to
conciliate the Indians, and to attach them to the

at this place, to par me a visit.

Your own good sense will regulate the cou-
snmplion of your provisions, ana direct the dis-
tribution of the trifling preaenis which you may
carry with you, particularly your flags.

I wish ^ou a speedy, pleasant and safe tour,
and am, sir, with sentiments of respect and es-
teem, TOUi obedient servant,

JAMES WILKINSON.

P. S. In addition to the preceding orders, you
will be pleased to obtain permission from the In-

of the river St. Pierre, the Falls of St. Anthony,
and every other critical point which may fall
onder your observatioaj these permissions to be
granted in formal conferenoet, regularly recorded,
and the gronnd marked oS.

J.W.
Lienl. Z. M. Pikb,

1*( regiment infaniry.

St. LoiriB, Ame 24, 1806.

Sir: Yon are (o proceed without delay to the
eaotoomeot on the Missouri, ivbere you are to
embark the late Osage saptives and the deputn-
lion recently retnrned from Wajshingion, with
their presents and baggage, and are to transport
the wnole up the Missouri and Osage rivers, to
the town of the Grand Orage.

The aafe delivery of this charge at the point of
desltnaiion constitutes the primary object ofyonr
expeditloD, and, therefore, yon are to move with
sach eantion as may prevent surprise from any
hostile band, and are to repel with your utmost
fbKe any outrage which may be attempted.

Having safely deposited your passengers and
their property, you are to turn your attention to
the Bcsomplisbment Of a permanent peace be-
tween the'Canzes and Oiage nation^, for which
Enrpose you must effect a meeting between the
ead chiefs of those nations, and are to employ
such arguments, deduced from tfteir own obvioos
interests, as well as the inclinations, desires, and
commands, of the President of the United States,
as may facilitate your purpose, and accotnpliih
the end.

A third object of considerable magniiode will
then Claim your consideration; it is to effect an
interview and estahlixh a good nnderstanding
with Ae YRtfO-iRus, T-t'tRDi or Commanehei i

.yGoogIc

1791

APPENDIX.

Captain Pike and hit Compaaioiu.

for ihii purpoM you muit iDtereit Wliiiehiir of
the Oriod Osage, wt[b wboro, and a suiiable depu-
UliOD, you will villi the PlDuRepublique, where
you may find ioierprelers aod infurm yourself of
the most feasible plan by which to briug the
Commaochei lo ■. coDrereuce. Should jrou sue-
ce«d in thia aliempt, and do paios must he spared
to effect it, you will endeavor to make peace be-
tween that diitBQij powerful oatioa, and the oa-
tiona which iDhabil Ibe country between us and
them, particularly the Oiaye; aod Sually you
will endeavor lo ioduce eight or teu of theit dis-
lingoisbed chiefi (o make a visit to ibe seat of
Ooreromeai next September, aod you may at-
tach to this deputation fodr or five Panis, and the
(•me number' of Canzes chiefs. As yoor ii

view with the CDramancbM will probably lead
Tou to the head branches of the Arkansas and
R«d rivera, you may find yourself approximated
to the seitlements of New Mexico; and, there-
fore, it will be necessary you should more with
yreat circumipe^lion, lo keep clear of any hunt-
ing or recoDookring parlies from that province,
and to prevent alarm or offence, because the af-
fairs of Bpain and theUoiied States apncar to be on
the point of amicable adjoslmeni, ana, moreover.
It is the desire of the President to cultivate friend-
ship and harmonious intercourse with ill the na-
liooa of the earth, particularly our nearest neigh-
bor*, the Spaniards.

In the course of Tont tour joa are to remark
particolarly upon tne geograpnical structure, the
natural history, and population of (he country
through whick you may pass, taking particular
care to collect and preserve specimens of every-
thing curious in the mineral or botanical worlds,
which can be pruervad and are portable. Let
your courses be regulated by your compass, and

tout distances by your watch, to be noted in a
eld-book; and I would adriac you, when cir-
cumstances permit, to protract and lay down, in
a separate book, the march of the day at every
rrening's bait.

The insirnmentt which I fiave fgrnished will
enable you to aiicertain the variation of the mag-
netic needle and latitude with exactoesa, and at
every remarkable point. I wish you to employ
your telescope in observing the eclipses of Jupiter's
satellites, having previously r^ulaied and adjust-
ed your watch by your quadrant, taking care lo
Doie with great nicely the periods of the immer-
sion and emersion of the eclipsed satellite. Ttfese
observations may enable us after your return,
by application to the appropriate tables, which I
caQDOtooir furnish you, 10 ascertain the longitude.
It is an object of much interest with the Exe-
eative to ascertain the direction, extent, and nav-
ifatioo, of the Arkansas and Red rivers; as far,
therefore, as maybe compatible with these in-
alTuc lions, and practicable lo the meant you may
command, I wish you to carry your views to
those subiects; and, should circumstances con-
•pire lo favor the enterprise, you may detach a
parly, with a few O&ages, to descend the Arkan-
sas, under the orders of Lieutenant Wilkinson or
Sergeant Ballinger, properly iiutrocted and equip-

ped, to take the courses and distances, to remstk
on tbe soil, timber, dtc, and to note the tributsTy
streams. This party will, after reachin? our post
OQ the Arkansas, descend to Fort Adams, and
there wait further orders. And you, yourself,
may descend the Red river, accompanied by ■
party of the most respectable Commanches to the
post of Nachitoehes, and there receive farther

To disburse your necessary expenses, and to
aid your negotiation, you are herewith' furnish-
ed wiih (600 worth of goods, for the appioptia*
lion of which you are to render a strict accouni,
vouched by documents to be attested by one of
your patty.

Wishing you a safe and successful expedition,
I am, sir, with much respect and esteem, your
very obedieat servant,

J. WILKINSON.

Lieut. Z. M. Pi».

CairroNHnrr Mibboori, Jubf 13, ISOO.
8iK : The health of the Osages being now gen-
erally restored, and all hopes of a speedy recovery
of their prisoners, from tbe bands of the Pottawa-
I, being at aiT end^ they have become desir-
■ their journey from their vi(-

n addition to the insirnetioos given to you on
the S4th ultimo, I must require ; ou to have the
talks under cover, delivered to Whiiehair and
the Grand Pest e, the chief of the Osage band,
which is settled on the waters of the Arkansas,
together with the belia which accompany ihem ;
yon will also receive herewith a small bell for
the Panii, and a large one for the Tei-tana or
Commanches.

Should you find it necessarv you ate lo give
orders to Mongraine, the Teiiaent inleipretar at
tbe Grand Osage, lo attend you.

I beg you to take measures for the security and
safe return of your boats from the Grand Osage
to ibis place.

Doctor Robinson will accompany yon as a
volunteer i he will be furnished with medicines,
and for the accommodation which you give him
he ii bound to attend yOur sick.

Should you discover any unlicensed traders in
your route, or aqy person from this Territory, ot
from the United Slates, without a proper license
or passport, you are to arrest such penon or per-
sons, and dispose of their property as tbe law
directs.

My confidence in your caution and discretion
hasprerented my urgingyoo to be vigilaniin guard-
ing against the stratagems and treachery of tha
Indians; holding yourself above alarm or sarprise,
tbe composition of your parly, thouah it be small,
will secure lo you the respect of aliost of untu-
tored savages.

Tou are to communicate from the Grand Osage,
and from every other practicable point, directly
to the Saeteiary of Wat, transmiiiing your letters
to this place, under cover, to the commanding
officer, or by any more convenient route.

.yGoogIc

1793

APPENDIX.

Captain Pike and kia CmnpaniMU.

1794

( wish yon heiltb, and *ace«Bafal and bonon
ble expedition, and am y onn with friendship,
JAMES WILKINSON.
Lienl. Z. M.Pikb.

WAn Departkbiit, Feb. 24, 1808.
Bib. In aniwer to joat letter ot ibe 32d in-
iiaat, I can with pieaiur« observe, that althoagh
the two expioting ezpeditiont you hare pei-
formed were not previously ordered by the Presi-
dent of the United Stales, there wen fiequent
eommnnicalioDS on the subject of each, between
General Wilkinson and ibis Derartmenl; of
which the Presidenl of the Uniied States was,
from lime to time, acquainted j and it will be no
more than what justice lequirei to say that your
eondoct, in each of those expeditions, met the
approbation of the President; and that the infor-
mation you obtained and commnntcated to the
BiecQlive, in relation to the source of the Mis-
sissippi aod tb« natiTea in that quarter, and the
country generally, as well on ihe Upper Missis-
sippi as toat between the Arkansas and the Mit-
sonri, and on the borders of the latter extensive
river to its source and connlry adjacent, bas been

isfactioo.I very frankly declare that I consider

I am, very respeetfally, sir, your obedient sei
vaDt,

H. DEARBORN.
Capiaia Z. H. Piu.

RetBta of patsMu ampli^ed on ■ tour of discsTeiy and

exploration to the sourcs of tlie HiaiHippi, in the

jeu* 180& and 1800.

Lieuteoaot, Z. M. Pike; Interpreter, Pierre
Rosseau; Serceent, Hentr Eennerman; Corpo-
rals, William G. Meek, and Samuel Bradley.

Privatet. — Jeremiah Jackson, John Boley, John
rown, Jacob Carter, Thomas Douzherty, Wil-
liam Gorden, Solomon Hnddleslon, John Mount-
ioy, Theodore Miller, Hugh Menaurh, Alexander
Roy, John Sparks, Patrick Smith, Freegift Stonte,
eier Branden, David Owings, David Weeply,

This party left St. Louis on ibe Qth of August,
1805, but had been detached for that duty from
Ihe 1st of July.' They Veturued the 30th of April,
1806} from which time until the 15th of July,
I was preparing for the second expedition to the
westward ; which consisted of the followinff pei-
soDS, to wit :

CapUin Z. M. Pike, Lieuteqant James B.
./ilkinsOD.'Doetor John H. Robinson, Sergeants,
Joseph Ballenger,* William £. Meek,tand Got-
poral Jeremiah JacksoD.t

Privatet. — John Boley,* Henry Kennennan,
Samuel Bradley,* John Brown, Jacob Carter,!
Thomas Dough efty,t William Qorden, Solomon
HnddlesIOD,* Theodore Miller,tHugb Menaugb,
John Mountjoy,tAleiaQdeT Roy, John Spar^f
Patrick Smiih.f Freegift Stoute, John Wilson.* '

Interpreter, Barony Vasquez.f

The balance arrived at Natchitoches, on or
about the 1st of July, 1807. But it may probably
be better to leave the whole tinM undefined, to
be regulated by the honorable Secretary of War,
Z. M. PIKE, .Afo^r.

'Those thus maiAad descended Ihe Ai^ansas river,
and aniied mt New Orleans some time aboat Ihe i
of February, 1807. tThose thus marked are Mill da-
taioBd in New Spain.

lOCh Gov. Sd Sbm.— 57

.yGoogIc

jjGoogle

PUBLIC ACTS OF CONGRESS;

PASSED AT THE BBCONl) SESSION OF THE TBHTH CONGRESS, BEGDH AND HELD
AT THE Cnr OF WABHINQTON, NOTEMBER 7, 1B08.

An Act to lOtlioiiM tha tnnaportatioii of ■ urtiin

Jtetngt of the Prendent of the United State*, ud

docimtenti tccompuijing tha suite.

Be it enacted, (y the Sendte and Houk of Rep-

TttmitativtM of tht United State* of America m

CongretM astembUd, That the Members of Cdd-

giets and Delegates fiom ihe Kverat Territories

of the United Stales be. and ihey are hereby, au-

- , - --- -, -1 [he year one

thounoifei^lit huodred and eight, and documents
accompanyinK the same, printed by order of the
Senate, and by order of the House of Represeal'
■fiT^ 10 an)[ post office wiibin the United Stales,
and Territories thereof, to which they may re-
apectirely direct, any taw to the contrary not-
wi tha tana ing.

J. B. VARNUM,
Speaker of the Bowe ofRepretentaiivet.
GEO. CLINTON,
FiCce Praident if the United State*, and
PretidetU of the Senate.
Appnired, November 18, 18w.

m JEFFERSON.

An Act anthoiiwu the PrMtdent of the United StAtaa
to amploy an ad^tional nnmbvr of reTanna cutters.

Be it enacted, fc., Tbtt the Pmident of Ihe
United States be, and he ii hereby, empowered to
ptoear« so manv reTeniM cniters, noi exceeding
twetTe, as may tte necessary for the public ser-
vice, the expense whereof shill be pafd out of the
product of the duties on goods, wares, and mer-
ehaodiae, importvd into the United Slates, and oti
the tonnage of ship* or reasels.

Approved, January 6, 1609.

t the seat of QoTera-

Be it enacted, ^C- That erery pension or ar-
rearage of peniian that shall be due on the third
day of March, one thousand eight hundred and
nine, or that may (hereaner become due to any
officer or soldier residing in either of the United
Slates, or the Territories thereof, in which there
halh not been appointed an agent for the payment
of pensions, shall be paid at the seat of the Qov-
ernm^ni of the United States, bv the Secretary
of the War Department and toe name of the
pensioner sbaLl, on his applicaiiou to the Secrets-
If of War, be iraosfeired from the books of ihe

State in which it was orisinally enregistered to s
resiiier, to be opened for ihat pnrpoae, at Ihe War
Office of Ike United Stales.
Approved, January 7, 1809.

An Act to enfince and make more afieetual an act, en-
titled "An act laying an embargo an all ships and
veaaals in the ports and harttors of th« Unitad
State," and the several acts mpplMnmtary thereto.
£e if enooted, f c, Thai, if any person oi per-
sons shall put, place, or load, on board any ship,
vessel, boat, or water craft, or into any cart, wag-
on, sled, or other carriage or vehicle, with or
without wheels, any specie, goods, wares, or mer-
chandise, with intent to export^ transport or con-
vey the same without the Uniled States or the
Territories thereof, to any foreign place, kingdom
or country, or wiio intent lo convey the same on
board anjr foreign ship or vessel within or with-
out the limits of the Uniled State^ or with the
intent io any other manner to evade the acts to
which this act is a supplement, all such specie,
goods, wares, and merchandise, and also the ship, '
vessel, boat, water craft, cart, wagon, sled, or other
carriage or vehicle, on board, or in which the
same may be so put, placed, or loaded, as afore-
said, shall be forfeited, sod toe person or persons
so putting, placing, or loading, toe tame as afore-
said, and also the aiders and abetton therein,
shall, upon conviction, be adjudged guilty of a
hieh misdemeanor, and fined a sum by the court
before which the conviction is had, equal to four
limes the value of such specie, goods^ wares, and
merchandise: Provided. however, Thatthissec-
lion ghatl not be construed to extend to any per-
son or persons, not being the owner or owners of
tuch specie, goods, wares, or merchandise, who
shall first inform and make complaint to the col-
lector of the disirict of any such ofience commit-
ted within the same district ; and any informeroi
informers, not bein^ the owner or owners as
aforesaid, upon conviction of the ofienders, shall
be eoiltl^ to one-half of the Gne aforesaid, when
the same shall be received by Ihe United Stales,
and shall be entitled to a certificate for that pur-
pose from the court before whom the conviction
shall be had.

Sec 2, And be it further enacted. That it sbaU
not be lawful to put on board any ship, vessel, or
boat, of any descripiion whatever, any specie or
goods, wares, or merchandise either of domestic
or foreign growth, produce, or manufacture, and
Ihe same is herebf prohibited, unleM a permit,

.yGoogIc

APPENDIX.

1800

PvbUc Aa* of Congrt—.

ptrticulnrlT auting the BHido tbtu to b« ladeoi
■hill bare bwn prcTJoiulf obtained rrom the col-
lector of the district, tn which (nch ihip, vemel,
or boat m>f theo be. or from a revenue officer,
fpeeially authorized or tbecollMloriogmliucb

Sermils ! not udIcm the lading iball be made ua-
Br tbe iDtpection of the proper reTeone officera,
nor utrieM tbe owoer or owners, coaiigoeeoT
factor of «Dch >hip, reuei, ot bDat,ihall, with tbe
matter, bave gi*ea bond with one or more tare-
tiei to the United Siatei, in a (am six lime* the
liUue of the reuel and cargo, that the veisel ihall
not Inre tbe port without a clearance, nor ihill,
when leaving the port, proceed to a foreign port
OT place, not ihall pat anr article on boiriTof any
other Tenel ; and that the whole cargo ihall be
relanded either in the port where the veuel may
then be, or in nich other port of the United Stale*
ai *hall be designated in the clearance. A,nd it
■hall be lawful for tbe collector* of the ciutomi
to refnie permiation to put any etrgo oo board
tiaj aucb ihip, fessel. or ooat, whenever, in their
optnioD, there it an inteniioa to violate the em'
bargo, or trheoever (hcv shall have received in-
■truciiont to that effect oy direction of ihe Presi-
dent of the United Statet: Protidtd, That
nothing contained in this section shall be con-
strued to extend to any thip, vessel, or boat, ani-
fotmly employed in the Divination only of bays,
sound*, river*, and lakes, within tbe jarisdictioo
of tbe United States, which shall bave obtained
■ general permission, asTeeably to the provii '
In tbe foartb section or this act.

Sac. 3. And he it further enacted. That ihe
owner or owners, eouaignee or factor, of any i "
Teisel, or boat, as described in the preceding sec-
tion, which may, at tbe time when noticp of ihi*
act tball be received at the several custom-houses
respectiveljr, be laden in whole or in part, shall,
on notice given by the collector, either discharge
■nch cargo or give bond for tbe same, in the man-
ner and on the conditions mentioned in the pre-
ceding section ; and, if the cargo shall not be dis-
charged within ten days or lhel>oad ^iven within
three days after such notice, the ship, vessel, or
boatandcargo, shall be wholly forfeited. Baltbe
eoUeeior* are hereby authorized to order or to
caiise the cargoes of mch vessel* to be discharged
for the *anie causes as tbey may refbse permission
to put any cargo on board of vessel* not yet laden
in whole or in part And they are likewise au-
thorized, in the meanwhile, and until the cargoes
shall have been discharged, or bond* given, as the
case may be, to take poisetslon of such vessels,
and to take such other measures as may be ne-
cessary to prevent their departure.

Sec. 4. And be it furlfier enacted, That the
collectors of tbe customs be, and they are hereby,
authorized to grant, aader such general inalruc-
tiont as tbe President of the Untied Slates toay
give to that effect, a general permission to ships,
TCBsels, or boats, whose employment has uniform-
ly been confined to the navigation ofbtys, tonnd*, i
nvers, oi lakea, within the jurisdiction of the Uni-
ted States, when it can be done without danger
«f the embargo being violated, to take on board J

at any time sueh article* 'of domestic or foreign
growth a* may be de*ignated in such general per-
mission or permission*, bond with one or more
sureties being previously given to tbe United
States far the owB*T,owiMn,«ooa)fnei^ or Actors
of sDeb ihip, ve**el, or boat, and bv the master
thereof, in an amount equal to three bandred dol-
lars for each ton of the *nid veuel, that such re>-
tel shall not, during the lime limited in the coa-
ditian of ihe bond, depart from any district of the
United Stales, without having previously obtain-
ed aelearaaee, nornoiil the matter or eommaader
*ball bave delivered to the collector or sarveyor
of ihe port of departure a maoifeat of the whole
cargo on board, that the *aid vessel shall not,
danng the time abovemenlioned, proceed to anf
other port ihan that meotioncd in her ctearanee,
or pat any article on board of any other ressri,
or De employed in any fbreinn trade; and, that on
every voyage or trip, the whole of the cargo shall
be landed in a port of tbe United State* within
the bay, *ound, river* or lakes, to which the nav-
igation of tuch vessel is confined.

Sbc. 5. And be it fitrther enacted, That, if
any ship, vessel, or boat, not having received a

Gneral permission, and a general bond not having
en first given in tbe manner provided fbrin tbe
next preceding section, shall take on board any
specie, or i(ny goods, wares, or merebandise,
either of foreign or domeitie growth, produce, or
manufaclure, contrary to the nrovisions of the
second section of ifais act, sucn ahip, vessel, ot
boat, together with the specif and guods, ware*,
ot merchandise, shall be wholly forfeited; and
the o - . -

), agent, freigbier, or faciora,
■I of such ship, vend, or boa^

master, or commander

shall, moreover, teveitlly forfeit and pay a BUm'

3aa( to the value of the ahip, veatel, or boat, and
tbe cawo put on beard iho tame.
9wo. i-AftdheitfiirOitreaaxtail, Tbutbeper-
•on or peraoBt vboae sane* da ot tmy amesr as
owner or owner* of any ship ot vesaw, cither on
the certificate of ragisuy, enroUnent, or Ueeiiaa,
of any tuch ship, or vewd, or, if aeitfaei regia-
lered nor ticeoiAl, on the laat elearaKt or ooa-
t'<ra-boa*e doeonMnt iasiwd bcrore the paaiag tiS
ihl> act, for (neh *hlp or vestal, thai! 1m lepsted
as the true owner ot owner* of anck ahip, or vea-
tel, and be liable to ttaa payment of all penalties
btch may be iocgrred by the owner* of saeh
ship, or vessel, by resson of any violation of any
of the provisiods of this Kci,'or of the act laying
I embargo on all ships and vet<«Is in the porta
id harbors of the United Sutes,or of any of the
Is sopplemenlary ihereto, by such *h^ or ree-
I : Provided, alwaj/t. That nottting in this sec-
tion contained shall be construed to release any
person or persons from the payment of any
peDHlty incurred by virtue of any of tbe aeti
id. And in case of any new register or
being granted during tlie eonliouaoce of
the said acts, or, in case of the sale of any sitip
or vessel neither registered nor lieenaed, a bond
with one or more sureties to the United States,
shall, previous to the granting any such new re-
gister or license, ot to recogniiiag the sale of Mich

.yGoogIc

180X

APPENDIX.

PubUc AeU of Congrtta.

1802

T«ssel, not regis lered or liceosed, be required bf
(he collector, in an amouot equftl to three hun-
dred dollars for each tou of such ship, or vessel,
that such ship, or vessel, shall ddT, durioi; the cod-
tinuance of the acts laying an embargo on all
ships and vesselK in the porta and harbors of the
United Stales, coDlravene or infringe bd; of the
provisions of the sajd acts ; Providm, That
nothing herein canuiaed, shall be construed to
extend to the owner, or owners, of any ship, or
vessel, who shall have made a botui fide sale of
such ship, or vessel, in any port or harbor of the
United Slates, before notice of this act, at such
port or harbor, respectively ; nor to the owner, or
owners, of any ship or vessel, in anv foreign port
or place, who shall have made a oonafie sale
thereof, before notice of this act : And pnmidtd,
<dao. That such bond shall not release the owners
and roaster of sach ship, or vessel, or any other
person, from the obli^tion of giving everyxither
Dood required by this act Dr by any of the acts
aforesaid. '

Sec. 7. And h« it Jurther enacted, That in all
cases where, either under this act, or under the
act laying an embargo on all shim or vessels In
the ports and harbors of the United States, or^
under any of the acta supplementary thereto, a'
bond has been or shall be given to the United
States, «rilh condition that certain goods, wares,
and merchandise, or the eareo of a vessel, shall
be relanded in some port of the United States,
the parly or parties to saeh bond shall, wiibin
two months after the date of the same, (unless in
the caae of a voyage from New Orleans to an At-
lantic port or from sn Atlantic port to New Or-
leans, va either of which cases, four months shall
as heretofore h« allowed,) produce lo the cplleetor
of the port from which the veawl had been clear-
ed with such goods, wares, merchandise, or cargo,
a certificate of the relanding of the same from
the collector of the proper port ; on failore where-
of, the bond shall be pat in suit; and in every
such suit, as well as in every suit instituted on a
bond given for a voyage from or to New Orleans,
judgment shall be given against the defendant or
defendants, unless proof shall he given of «ueh re-
landing, or of loss of the vesiet at sea. Bjit nei-
ther capture, distress, or any other accident what-
ever, shall be pleaded or given in evUence in any
such suit, unless such captnre shall be expressly
proved to have been hostile, and such distress or
accident caused by no negligence or deviation,
nor unless such vessel shall Have been from the
commencement of the voyage' wholly navigated
bv a master, mate or males, mariners and crew,
all of whom shall be citizens of the United States;
nor unless sUch mate or mates, mariners and
crew, shall, all, if living, (and the proof of their
death shall lie on the defendant,} be produced on
the trial, and sworn as competent witnesses; nor
nnless such master, mate or males, mariners and
«rew, shall have signed a shipping paper in due
form of law, and a copy ibereoJ*, designating spe-
cially the master, male or males, mariners and
■crew, and their permanent place of residence,
shall have been lodged with the collector of the

port, to whom the bond aforesaid shall have been
given, before the commencement of ihe voyage,
and subscribed and sworn te by Ihe master before
such collector ; and any matter who shall falsely,
wilfully, and corruptly swear as to the facts con-
tained In such copy, shall, on aonviction, suffer
the pains and penalties of jKrjury. And in every
suit instituted on a bond, given as aforesaid, the
defendants shall pay all cons, if they shall not,
within the limited time, have produced the cer-
tificate of relanding to the collector of the proper

Sbo. 8, And U it further enacted, That no re-
gistered or sea-letter vessel, although in ballast,
shall receive a clearance, or be permitted to de-
part from anv port of the United States, nnless
the same bond shall have been previously given,
which is required from vessels licensed for the
coasting trade, before they are allowed to depart.
And if any such ship or vessel shall depart with-
out bond having been given as aforesaid, the said
ship or vessel snail be fotfeitedj and the owner,
owners, agenL consignee, factor, and master or
commander, of such snip or vessel, as well as any
olher person concerned m such prohibited depart-
ure, shall be liable to the same penalties imposed
by law in the case of vessels licensed for the
coasting trade deoHrting, wiihont bond liaring
been given, or wiinout clearance, as aforesaid.

shall, and they are hereby, authorized to take into
their custody, specie or any articles of domestic
growth, produce, or manufacture, found on board
of any ship or vessel, boat, or other water-craA,
when there is reason to believe that they are in-
tended for exportation, or when in vessels, carts,
wagons, sleighs, or any other carriage, or in any
manner apparently on their way toward the ter-
rilbriei of a foreign nation, or (he vicinity thereoii
or toward a place whence such article* are in-
tended to be exported ; and not to permit such
articles to be removed, until bond with sufficient
sureties shall have been given for the landing or
delivery of the same in some place of the United
States, whence, in the opinion ef the collector,
there shall not be any danger of such articles be-
ing exported.

Sec. 10. And be it further enacted, That the
powers given to the collectors, either by this or
any other act respecting the embargo, to refuse

Eermissipo to put any cargo on board any vessel.
Ml, or other water-craft, lo detain any vessel, or
to take into their custody any articles for the pur-
pose of preventing violations of the embargo,
shall be exercised in conformity with such in-
structions as the President may give, and such
general rules as he may presctihe for that purpose,
made in pursuance of ihe powers aforesaid ; which
instructions and general rules the collectors shall
be bound to obey : And if any action or suit be
brpughl against any collector or other person aet-
* ig under the directions of, and in pursuance of

this act, he may plead the general issne, and gira
this act and the instructions and resalalions of
the President ineTidence,foT his justuleation and

.yGoogIc

ISOS

APPENDIX.

PubUe Actt of Qmgrest.

defence. Aoi iiif person aggrieved by the ■cu March, one thouiand seven hnndriHl and ninetr-
.r ._ii_-.— :_ -i.k r .1 .r.....:j geven, ind made perpetual by an act passed too

or any collector, in either of the »>» biuic-i.u,
may file his petition before the district court of
the district whereiii the collector resides, statiog
the facta of his case, and thereupon, after due no-
tice given to the district attorney and the cal-
lector, the Mid court may sumnulrily bear and
adjudge thereupon, as law and justice may re-
quire; and the jodgment of said court, and the
reuon and facts whereon it is grounded, shail be
filed among the records of uid court ; and if res-
toration ofibe property detained or taken in cus-
tody, or perraission to load as aforesaid, shall be
decreed, it shall be upon (he party's giving such
bond with sureties as is or shall be required to be
taken in similar cases hj the collector, and not
otherwise ; bnt if the raid cotirl shall adjudge
against «och petition, the collector shall be enti-
tled to treble costs, which shall be taxed for him,
and execution awarded accordingly by the court.
Bxo. 11. And be it further enacted, Thalitshall

vessel, or
I any speci

be lawful for the President of the United States,
or such other person as he shall have empowered
for that purpose, to employ such part of the land
or naval forces, or militia, of the United States,
or of the territories thereor as may be judged ne-
cessary, in conformity with the provisions of this
and other acts respecting the embargo, for the
purpose of preventing the illegal departure of any
ship or vessel, or of detaining, taking possession

of, and keeping in cuttodv any shir "- ' "-

of taking into custody end gnardin

or articles of domestic growth, proi

ttfaciure, and also for the purpose of preventing

and suppressing any armed or riotous assemblagf

of persons, resriting the cnitoni-houie officers ii

the exercise of their duties, or in any manner op

Esing the execution of ihe laws laying an em-
rgo, or otherwise violating, or assisting and
abetting violations of the same.

Sec. 12. And be ii further enacted, That all
penalties and forfeitures incurred by force of this
act, unless hereinbefore otherwise directed, and
all penalties and forfeitures incurred hy force of
Ihe act, entitled "An act laying an embargo on
ail ships and vessels in the ports and harbors of
the United States," or by virtue of the several
acts supplementary thereto, may be prosecuted,
sued for, and recovered by action of debt, or by
indictment or information, any law, uwge, or cus-
tom to the contrary notwithstanding j and if re-
covered in consequence of any seizure made by
the commander of any public armed vessel of the
United States, shall be distributed according to
the rules prescribed by the act, entitled " An act
for the government of rhe Navy of the United
States," and if otherwise, shall be distributed, and
accounted for in the manner prescribed by the
act, entitled "An act to regulate the collection of
duties on imports and tonnage, " passed the second
day of March, one thousand seven hundred a '
ninety-nine, and may be mitigated or remitted
the manner prescribed bf the act, entitled " i
act to provide for mitieatm^ or remitting forfeit-
ures, penalties, and disabilities accruing in certain
cases therein mentioned," passed the tliird day pT

eleventh of February, one thousand eight hun-
dred ; and any officer or other person entitled to
a part or share of any of the tinee, penalties, or
forfeitures aforesaid, may, if necesaary, be ■ n-it-
Dess on the trial, inerefor, but in tach case be
shall not receive any part or share of the aaid
fine, penalty, or forfeiture, bat the part or share
which be wotild otherwise be entitled ahall
revert to Ihe United States.

13. And be ii further etiacted. That the
President of the United States be, and he hereby
is, authorized to hire, arm, and employ thirty ves-
sels, not exceeding in tonnage one hundred and
thirty tons each, belonging to citizens of the Uni-
ted States, and so many teamen as shall bo neces-
sary to man the same, for immediate service, in
enforcing the laws of the United State* on iha
teacoast thereof, and to dismiss the same from
service, whenever be shall deem the same expe-
dient: Prootiied,AoiMner, That aueh hiring, arm-
ing, and employment, shall not be for a term
eiceeding one year. And the said ships or ves-
sels, when so hited and armed, shall be employed
under the direction of the Secretary of the Trea-

Sbc. 14. jlttd be it fwrUur enacted. That th»

powers given to the President of ine United

tates by the seventh section of the act of March

the twelfth, one thousand eight hnndred and eight
to grant permiasion to citizens having property of
value in places without the jurisdiction of the
United Stales, to dispatch veuels for the sam^
shall henceforth cease.

Sbc. 15. And be it further enacted, That this
act shall be in force from and after the passing
thereof, during the continuance of the act, enii-
lled "An act laying an embai^o on all shim and
vessela in the ports and harbors of the United
States," and no longer.

Approved, January 9, 1809.

An Act to TCTJVB and continue in force, for afiuiher
time, the first section of the act, entitled "An act
further to protect the commerce and seamen of the
Unit«d Statas af aitut the Barbaiy Powers."
Be it enacted, fc. That so much of the act,
issed on the twenty-fifih day of March, one ihon-
.nd eight hundred and four, entitled "An act
further to protect the commerce and seamen of
(he United Stales against the Barbary Powers,"
as in contained in the first section of tae said act,
(and which was revived and condnued in forc^
for (be time therein mentioned, by an ace, enti-
tled " An act to revive and continue in force, for
a further time, the Srst section of the acl, entitled
"An act futtoer to protect the commerce and
seamen of ihe United States against the Barbaty
Powers," passed the nineteenth i»f of January,
one thousand eight hundred and eight) be, and
the same hereby is, revived and cootinurd in
force until the Brat day of January, oDe thousand
eight hundred and ten; Provided, however, That

.yGt)Oglc

1805

APPBNBrX.

Public AcU of C<mgTt»».

the additional dniy kid by the said section sbsll
be collected on M such goods, iraies, and met-
chaadise, liable to pay the Mme, as shall bare
been imported previous to that day.
Approred, Jaoairy 10, 1809.

of •qtun

Au Act anthoiiaiiig the , ,

in the Ci^ of Wuhington, to h>*B

vided and admitted to record.

Be it enaeUd, fc^ That whenerer theproprie-
tor of anv sqnan or lot, in the City of Wasbins-
toD, shall deem it Decenary to subdivide sucn
square or lot into coaveoieDt building lot^ pieces,
or portions, for sale and occnpancy, and alleys for
Iheii accommodation, be may cause a plat of the
same to be made, on which shall be expressed the
dimeiuioDs and length of all the lines of such
portions as are necessary for defining and laying
off the same on the ground, and may certify
such subdivision under his hand and seal, in the
presence of two or more credible wiineases, upon
the same plat, or on a paper or parchment at-
tached thereto.

Sec. S. And be it JurAer enaated, That, at
the request of the said proprietor, the surveyor of
the ciiy shall examine whether the lots, pieces, or
parcels, into which any 'Square or lot may be sub-
divided as aforesaid, agree io dimensions with the
whole of the square or lot so intended to be sub-
divided, and whether the dimensions expressed
on the piai of subdivision, be the true dimensions
of the {Mrt so expressed ; and if upon snch exami-
nation, he shall nnd the plat correct, he shall cer-
tify the same tinder bis hand and seal, with such
remarlcs as appear to him neeessary for the fnr-
iher illusirntioo thereof, and rec6rd the said plat,
as examined, in a book or books, to be kept by
him for thai purpose.

Sec. 3. And be it Jvrther enacted, That when
such subdivision' or any square or lot shall be so
certified, examioed, and recorded, the purchaser
of any part thereof, or any person interested
therein, may refer to the said plat and record for
description, in the same manner as to squares and
lots divided between the Commissioners and ori-
ginal proprietors ; and the ways, alleys, or passa-
ges, laid out or expressed on such plat of subdi-
vision, shall be and remain to the public, or sub-
ject to the uses declared by the person making
such subdivision, at all limes under the same po-
lice regulaiiona as the alleys laid oS by the Com-
missioners on division with the proprietors.

Sec. 4. And be it further enacted, Thai when-
ever thesurveyor of thesaid city shall lay off any
lot therein, or any of the parts into which a
square or lot may oe subdivided as aforesaid, he
shall measure the whole of thai front of the
sqnate on which such lot or part lies; and if, on
such admeasurement, the whole front of the
square exceeds or falls short of the ageregate of
the fronts of the lots on that side of the square,
as the same are recorded, he shall apportion such
excess, or deficiency, among the lots or pieces on
that front, agreeably lo their respective dimen-

sions. Whenever, on such admeasurement, the
wall of a house previously erected by any pro-
prietor, shall appear to stand on the adjoining lot
of any other person in part less than seven inches
in width thereon, such wall shall be considered as
standing allogetner on the land of such proprie-
tor, who sb^ pay to the owner of the lot on
which the wall may stand, a reasonable price for
the ground so occupied, to he decided by arbitra-
torsjor a jurv, as the parties interested may agree;

S5,1

but if the wall of any house, already e:
seven inches or more in width of the adjoining
lot, it shall be deemed a parly wall, according t[>
the regulations for building in said city, as pro-
mulgated by the President of the United States,
and the groand so occupied, more than seven in-
ches in width, shall be paid for as above. Which
fact the surveyor shall ascertain and certify, and
put on record at the request and expense of any
person interested thereiu.

Sec 5. And be it fiaiher enacUd, That it
shall be the duty of the surveyor to attend, when
requested, and examine the foundation or walls of
any house to be erected, when the same shall be
level with the street or surface of the ground, for
the purpose of adjusting the line of the front of
such building to the line of the street, and cor-
rectly placing the party wall on the line of divis-
ion between chat and the adjoining lot; and his
certiQcate of the fact shall be admitted as evi-
dence, and binding on the parties interested.

Seo. 6. And be it further enacted, That the
lurveyor shall be authorized to receive from the
,)ersons for whom he shall perform the services
required by this act, the fees following, that is to
say: For examining the plat and calculations of
anv subdivision of a square or lot, twelve and a
half cents for each of the Iocs or portions into
wbioh it may be subdivided: Provided, That no
more shall be paid for the lots in one square than
— dollar and fifty cents; for examining any
liuK and giving the certificate required by
the fifth section of this act, and recording the
!^ one dollar and fifty cents} for recording any
ion or subdivision of any square or lots, for
transcripts from records, and for searches in his
office, the same fees that have heretofore been
paid to the clerk of the counly: Provided. Tbi
they do not in any case exceed the fee hi
allowed for

Sec, 7. Arid be it further enacted That all rec-
ords of the division of squares and lots heretofore
made between the public and original proprietors,

which are authorized by this act, shall be kept

the office of the surveyor of the city ; and all
transcripts therefrom, certified by him, shall be
evidence equally valid with certified transcripts
from the keeper of the office for- recording deeds
for the conveyance of land in the county of Wash-
inglon.

Sec. 8. And be it further enaeUd, That when-
ever the President of the United Slates shall
deem il necessary Co subdivide any square or lot
belonaing to the United States, within the City
of WashingtoBj which raa^ not have been r~
served for public parposos, into co"-""*-'" *™i'

build-

.yGoogIc

1807

APPBNDIX.

Public AcU of Congret.

1808

iag lots, pieces, or porliooi, for sale ind occu-
paocT, ■□(] alleys, for their kccommodatioQ, he
nay e«u(e a plit to be mide bf Ihe aurref or of
the citY JD the maooer prescribed in the first kc-
tion of Ibis act, which plat shall be recorded by
the said surveyor, and tbe proTiaions of this act
atiall eilend to the loi^ pieces, anit parcels of

5 round contained Id such plat as fully as to sub-
iTLEions made by individual proprielors.
Sec. 9. And be it further enacted, That the
■orveyor of the City of Washington, before eiiter-
ing upon the discharge of the duties required of
bim by this act, shall take au oaih or affirmalioii
before the major of the City of Wasbingloi), ihai
he will faithfully and irapartially perforin tbe
duties hereinbefore reguirea of him.
Approved, January 12, 1809.

An Am mpplemuiU] to aa act, entitled ■' An ai
•itendkng the tamii of credit on raTenne bom
emtain mbm, and for other purposes."
Be it enacted, 4c., That the piymeut of all
bonds gireo, sutnequeni to the dale of the act '
which this act is a supplement, for duties i
coffee, sugar, pepper, indigo, cocoa, and wii
paying a duly of tweuty-tbree cents per gallc
and wnich remain uopaid, or for the came articl__
which may arrive hereafter in any of the porta of
ihe United States, and whilst the act entitled
"An act laying an embargo on all shios and ves-
aels in the ports and harbors of the United
Slatee," aball continue in force, may be sa»-
pended, subject however in all reipeets to the
condition* and provisions made and provided in
tbe act of the tenth of March, one thousand eight
bundred and eight, to which this act is a supple-
ment: PTWid^, That Qotbiug herein contained
■ball be construed to extend to importations mad<
in vessels dispatched under permissions granted
by Che President of the United Slates in pursu-
ance of powers in bim vested by the seventh sec-
tion of the act, entitled "An act in addition to ihe
act entitled 'Au act supplementary to the act, en-
titled <An act laying an embargo on all ships and
vessels in Ihe ports and barters of the United
States."

Sec. 3. And be it farther enacted, That if thi
amount of any bond given for the payment of
duties on ihe importation ofcoSee, sugar, pepper,
indigo, cocoa, or wine, paying a duty of twenty-
three cents per gallon, made subsequent to tbe
passage of the act to which this is a supplement,
and which bond would by virtue of ibis act have
b«eu entitled to an extension of credit, shall have
been previously paid, the money so paid shall, by
tbe proper collector, be refnnded to the person or

Eersons who shall have paid the same, or to his,
er, or their agent or agents, on bis or their giv-
ing a bond wiih sureties, in the same manner and
on tbe same terms, conditions, and restrictions,
and on a compliance of the person or persons re-
ceiving tbe indulgence hereby granted, with all
tbe provisions of tbe act to which ibis is a sup-
plement
Approved, January 13, 1809.

An Act to alter tbe tine fbi tbe next neeliBg of

Be it enacted, ^c. That, atlet tbe adjonroiaent
of tbe present session, the next meeting of Con-
gress shall be on the fonrih Monday of Stay next.

Approved, January 30, 1809.

Bt it enacted, ^c.^ That, in addition to the frig-
ates now employed in actual serrice, tfatn be fe-
ted out, officered and manned, as toon as maybe,
tbe four following frintet, to wit: tbe Uniteil
Stales, £t«x, John Adams, and President; and
moreover the President of the United States ii
hereby authorized and empowered to equip, man,
and employ, in actual service, so nuny of the
public armed vessels, now laid up in ordinary,
and gunboats, as in his judgment tbe pablic ser-
vice may require; and to cause the frigates, and
other armed vessels, when prepared fn actual
service, respectively, to be stationed at aucb porta
and places on the seaeoasi as be may deem meet
expedient, or lo cruise on any part of the coast of
the United State* or tbe lerntories thereof.

Sec. 2. And be it farther enacted, Thai^ for tbe
purpoae of carrying the foreffoiDg provision inio
immediate effect, the President of the United
States be, and be is hereby, authorized and em-
powered, in addition to the number of petty offi*
cers, able seamen, ordinary seamen, and boys, at
present auiburized by taw, to appoint, and cause
to be engaged and employed as soon as mar be,
three huoared midehipmeo, three thousand ijz
hundred able seamen, ordinary seamen, and boys,
who bhatl be engaged to serve for a period not
exceeding two years ; but the President may dis-
chatjge the same sooner, if in his judgment their
service may be dispensed with. And to satisfy
the necessary expenditures to be incurred therein,
a sum not exceediog four hundred Thousand dol-
lars, be, and the same is hereby, appropriated, and
shall be paid out of any moneys in the Treasury
not otherwise appropriated.

Approved, January 31, 1809.

An Act fbr dividinf the Indiana Territaiy into two
separata Oavemments.

Be it enacUd, fc, That, from and after tbe first
day of March next, all that pari of tbe Indiana
Territory which lies west of the Wabash river,
and a direct line drawn from the said Wabasb
river and Post Viucennes, due north to tbe terri-
torial line between tbe United States and Canada,
shall, for the purpose of temporary government,
constitute a separate Territory, and be called
Illinois.

Sec. 2, And be it father enacted, That there
shall be established with in Ihe said Territory a
government in all respects similar Co that pro-
vided by the ordinance of Cougrea, passed oo
the ihirteenih day of July, one thousand seven
hundred and eighty-seven, for the government of
the Territory of ihe United States Northwest of

.yGoogIc

1809

APPENDIX.

Public AcU of Cortgrtn.

1810

the rirer Ohio ; aod by an act passed on the
seventh da^ of Augusc, one tboDsand teren hun-
dred and ei£hty-niDe,t>Dtiiled ''Ad act to provide
for the fOTenunent of the Territory Northwest
of the itTer Ohio;" and the inliabitantB thereof
shall be entitled to, and enjoy all and singular tbe
rights, pririlcgcB, and adrantages, granted and se-
cured to the people of the Territory 6T the Uni-
ted States NottWest of the liverOhio, by the
aaid ordinanee.

Sec. 3. And b« it farther enacted, That the
officers for the said Territory, who, by Tirtae of
this act, shall be appointed by the President of
the United Stales, by and with the adrice and
consent of the Senate, shall respectively exercise
the same powers, perform the same duties, and
receive for their services the same compensations
as by the ordinance aforesaid, and the laws at the
United States^ have been provided and estab-
lished for similar officers in the Indiana Terri-
lor^. And the duties and emoluments of Su-
perinieadeQt of Indian Affairs shall be nnited
with those of Governor : Provided That the
President of the United States shall have full
power, in the recess of Congress, to appoint and
commission all officers herein authorized, and
their commissions shall continue in furce until
the end of the next session of Congress.

Sec. 4. And be it Jitrther enacted, Thatsomuch
of the ordinance for tbe government of the Ter-
ritory of the United States Northwest of tbe
Ohio river, a» relates to the organizatioo of t
General Assembly therein, and prescribes the
powers thereof, sbalj he in force, and Operate in
the lUinais Territory, whenever satisfactory evi-
dence shall be given to' the Governor thereof that
sDch is tbewish'of a majority of the freeholders,
notwithstanding there ma^ not be therein five
thousand free male inhabitanis of the age of
twenty-one years and upwards : Provided, That
until there shall be five thousand free mate in-
habitants of twenty-one years and upwards in
said Territory, the whole number of representa-
tives to the General Assembly shall not be less
than seven, nor more than nine, to he apportioned
by the Governor to the several counties in the
said Territory; agreeably to the number of free
males of the age of twenty-one years and up-
wards, which thev may respectively contain.

Sec. 5. And be it further atacted, That nothing
in this act contained shall be couslraed so as in
any manner to atTect the government now in
force in the Indiana Territory, further than to
prohibit the exercise thereof within the Illinois
Territory, from and after tbe aforesaid first day
of March next.

Sec. 6. And be it furttter enacted, That all
snits, process, and proceedings, which, on the first
day of March next, shall be pending m the court
of any county which shall be Included within the
SBidTerriloryoflirmoia, and also all suits, process,
and proceedings, which, on the said first day of
March next, shall be pending in the general conri
of the Indiana Territory, in consequence of any
writ of removal, or order for trial at bar, and
which had been removed from any of the couo-

included within the limits of the Territory
of Illioois aforesaid, shall, in all things concern-
ing (he same, be proceeded on, and judgments
and decrees rendered thereon, in the eame man-
ner as if the said Indiana Territory had reniained
undivided.

Sec. 7. And be it further enacted, Thainothing
in this act contained shall be so construed as Co
prevent the collection of taxes which may, on
the first day of March next, be due to the Indiana
Territory on lanJs lying in the said Territory of
Illinois.

Sec. 8. And be it farther enacted, That until it
shall be otherwise ordered by tbe Legialalure of
the said Illinois Terrilory, Kaakaslria,on the Mis-
sissippi river, shall be tbe seal of government for
the said Illinois Territory.

Approved, February 3, 1809.

An Act iupplementary to the act, entitled "An act to
amend us act, entitled 'An act eilabliihing Circuit
Conrti, and abridging the iuriadietion of the Disliict
dourta of the Districts of Sentucfcj, Teonuwe, and
Ohio."

Be it etuicted, fc-. That in all actions or snits
that were pending in the cirovit courts of the
United States for the district of Tenneuee, estab-
lished by an act eniitled " An act establishing
circuit courts, and abridging the jurisdiction of
the district oourts of tbe districts of Kentucky,
Tennessee, and Ohio," in which any judgment
or decree was rendered, or any sentence passed
previous to the passage of the act, entitled "An
act to amend the act, entitled 'An act establish-
ing circuit courts, and abridging tbe jurisdiction
of the district courts of the diBtriols of Eentnckjr,
Tennessee, and Ohio," the clerk of the circuit
court of the United States for the district of East
Tennessee be, and he is hereby, authorized and
directed to issue executions, and all other process
necessary for carrying tbe same into complete
eS^t, in the same manner as if the said last men-
tioned act had not passed ; which executions and
other process shall be directed to tbe marshal of
* her of the districts of East or Wpst Tennessee,

in which the party against whom the same shall

)' reside, or nii property may be found,
I execnte and return the same i

manner he would have done if tbe act to which
this is a supplement bad not passed, and shall re-
ceive (he same fees as are by law allowed for
similar services in other cases.

Sec. 2. And, be U further enacted, That (he
next session of the district court of the United
States, for the district of Kentucky, shall be
holden on tbe second Monday in May Beat, and
that the session of the said court heretofore holden
on the fint Monday in June, annually, shall
thereafter beholden anunally on the seoond Mon-
day in May. _ „, „

Sec. 3. And be it further enacted, That all
writs and process, which shall have been issued,
or may hereafter issue, and all recognisances re-
turnable, and all suits and other proceeding of
what nature or kind soever, which have been

.yGoogIc

APPENDIX.

1812

Pvblic Aett of Congrttt.

contiDDed to the uid district court on the first
Moadif in June next, from the last December
terra, ahall be returned aod held coatiDUed to the
■aid tecood Monday in Majr next.
Approved, February 4, 1809.

An Act maklDg appropiUtioni to oompleU (he fortifi-
cation* cammttieed for the Mcurilj of th> laaport
tomii and baibon of the Uniteil State*, and to do-
fray the Dxpenw of deepening and aitending to the
TiTer Miaiiiaippi, the canal of Carondelat.
Be it enacted, SrC, That, for the pnrpoae of com-
pleUDfl: ibe fortincatioDi coameoced for the secu-
rity of the seaport towns and harbors of the United
States, and Territories thereof. ezcluilTe of the
contemplated lineof blocks and chains across the
harbor of New York, there be, atid hereby \t,
appropriated the sum of four bundted and fifty
tbouaand dollars, to be paid out of any moneys in
the Treasury not otherwise appropriated.

Sec.S, Andbeitjwihtr enacted, Tbnttbe Pre-
sident of the United Slates be, and he is hereby,
authorized to cause the caaal of CarondeleL lead-
ing from Lake PoDtcharlrain, by way of the bayou
8l. John, to the city of New Orleans, to be ex- .
landed to the river Mississippi, and made suffl-
cienily deep throughout to admit an etsv and safe
pwsase to gunboat*, if, upon tarray tnereof, be
shall be convinced that the same is tnaciieable,
and will cooduce to the more effectual defence cf
said city ; and that, for the purpose of defraying
the expeoae thereof, there be and hereby in appro-
priated the sum of twenty-five thouaand dollars,
to be paid out of any moneys in the Treaaary not
otherwise appropriated.

Approved, February 10, 1609.

An Act to revive and continne, for a lilrther time, the
•ntboiity of the Commissioneri of Kukaskia.

Be it enacted, ^c, That the powers heretofore
vested in the register and receiver of public mon-
eys for the district of Easkashia be, and the same
are hereby revived; aod the said refcistec and
receiver shall be allowed until the first day of Jan-
uary next to complete the investigation of daimi
to land in said district. They shall have full
power to revise any of tbeir former decisions, aod
also the Eame power and authority in relation to
claims to land in the village of Peoria ; notices of
which have heretofore been filed, as they have tn
reUtioD lo other claims in the aaid district. And
the said resiater and receiver, and the clerk of the
board, sbali each be allowed an additional com-
pensation of five hundred dollars, in full for his
services in relation to nich clairoa.

Approved, February 15, 1809.

An Act to tncorporata a company for opening the canal
in the City of Washington.
Be U enaOed, f c, That Robert Breat. Samuel
N. Smallwood, Daniel Carroll of Duddioston,
John Law, William Brent. Frederick May, Elias
B. Caldwell, James D. Barry, GtiffiLh Coombe.
and Oeorge Blagden, or any five of them, be, and

they are hereby, appointed commiuioners to open,
or cause to be opened, a book for receiving and
entering subscriptions for raising a capital slock
not exceeding one hundred thousand dollars, in
shares of one hundred dollars each, for the pur-
pose of opening the canal to commuojcaie from
the Potomac river to the Eastern Branch thereo/1
through a pari of the City of Washington, and
that one month's notice be f[iven in one of the
newspapers printed in Wasbiagton, Georgetown,
• ad Alexandria, of the time and place of opening
the said subKription book, and that the same be
kept open until the sum of forty thousand dollars
be subscribed ; Provide, That no subscription
shall be received unless the sum of ten dollars be
paid into the hands of the oersaua authorized to
receive the same, on each snare subscribed fat.

Sec. 2. And be it fiiriher enacted, That,assooa
a* the aforesaid aum of forty thousand dollars be
subscribed, the said commissioners, or any five of
them, shall call a meetiog of the stockholders at
the City of Washington, by advertiaement in one
of the newspapers prmied in Washington, George-
town, and Alexandria, appointing a lit and con-
venieai time and place of meeting; and the said
stockholders shall proceed in person, or by proxy,
to the election, by ballot, of a president and six di-
rectors for conducting the uaaertaktng, aod man-
aging the business of the company, for and during
the term of one year from the time of their ap-
pointment.

Sec. 3. And be it ftirlher enacted, Thatthesaid
stockholders and their successors, from the time
of (he said first meeting, shall be, and they are
hereby declared to be, iocorporaled by the name
□f the " Wasbiagton Canal Company," aaif by
tbat name may sue aod be sued, implead and be
impleaded, answer aod be answered, and may
make all necemary by-laws aad regulations for
the proper manasement of the business of the
company : Provided^ That the same be not con-
trary to (he laws of (he UDi(ed Slates, or the laws
in force in the District of Columbia.

Sec. d. And be it further enacted, Thatthesaid
president and directors shall cootinue in (Mccone
year from the time of tbeir election, and the di-
rectors may fill any vacancy which may happen
in their own body during the term for which tbey
were elected j and [q case of the death, resigna-
tL0D,or disqualificaiion,or the president, tbey may
elect a president toservefor the residue of the term.
And the said stockboldera, in one year after the
day on which the election of president and di-
rectors shall be first made, aod on the same day
in every year thereafter, (except the same shall
happen on Sunday, in that cose on the day suc-
ceeding,) shall elect, by ballot, from among the
stockholders, one persoii as president, and six per-
eoDs OS directors; and the president and direct-
ors, for the time beiug, shall give public notice in
one of the newspapers printed in Washington,
Georgetown, aod Alexandria, for a new election,
at least ten days previous to the expiiatiou of (be
time for which they were elected ; and each stock-
holder sbali be allowed one vole for every share
by him or her held at the time in said company ;

.yGoogIc

APPENDIX.

Pvblic Acta of GmgreM.

sad KDv aiockholder, by a written atitborily, under
his or ner hand, sod executed in ibe presence of
two witOMKt, may depute any other stockholder
to TolB and act as proxy for him or her at any
general meetiriK.

Sbc. 5. And he it fitrther enacted, That the said
president and director*, so elected, snd their suc-
cessors, shall be, and they are hereby, authorized
and empowered to a^ree with any person or per-
sons, on behalf of said compaoy, to cut the canal,
;nof^ih "■ ■ '

a behalf of said c
as laid down on the pUi

the City of Washiag-

IS:„

on, erect sucbloeks,aad perforin suchother works,
islhey shall judge necessary for opening the canal
aforesaid, and the forks thereof; and out of the
moneys arising from subsciiptioas, wharfage, and
tolls, to- pay for the same ; and to lepair and im-
prove the said canal, locks, and 01 her works neces-
sary IheretOj and to defray all ineidenial charges,
and also to appoint a trei'iurer, clerk, and sncb
other officers, loll -gatherers, managers, and* ser-
vants, as ibej' shall judge requisite, and to settle
ihelr respective wages.

Seo.6. AndbeitfiiHhereaactad, Thatihetrea-
snrer of the said company sball, before be acts as
sncb, give bond 10 the company in such penalty,
and with sach security, as the said president and
directors shall direct, conditioned for the faith-
ful performance of the duties of his office.

Sec. 7. AndbeitJitrthermacUd, That the said
president and directors, so elected, and their suc-
cessors, shall have full power atid authority to
demand and receive of the stockholders, in equal
proportions, the remaining nine-tenihs of thi
shares, from time to time, as they shall ji
ces&ary; and if any of the stockholders si

lector r«fuse to pay their proportions, wiihi

month vfler the same shall have been ordered,
the share or shares of such defaulter shall be for-
feited : Provided, That notice shall be given, by
advertisement, in one of the newspapers printed
in Washington, Georgetown, and Alexandria, of
the timewhen the same shall be ordered to be paid.
Sbo, 8. And be itfitrtker enacted. That xhetAiA
company shall not be^in to collect wharfBge or
tolls, until the canal is made navigable for boats
and scowsdrawingthiee feet water to pass through
the same, from the Potomac river to the Eastern
Branch thereof: and if at aov lime the said canal
shall Ijecome obstructed, so inat boats and scows
drawing three feet water cannot pass through the
same, Irom the Potomac river, to the Eastern
Branch thereof, it shall not be lawful for the said
company to collect any wharfage or tolls, until
such obstruction shall have been removed.

Sec. 9. And be it further enacted, That every
president and director, before he acts as such, sball
lake an oath or affirmation thai he will well and
faithfully discbarge the duties of his office ; and
any four of the directors, with the president, shall
constitute a quorum for transacting any business
of the company.

Seo. 10. And be it further enacted, That the
shares in the said company shall he deemed per-
sonal and not real property, and transferable in
such manner as the company shall direct, and
that the shares held by any individual shall be

liable to be attached or taken by Geri facias, to
satisfy the debts due from anv such individual, in
like manner as alher personal property may be.

Sec. 11. And be it Jhirther enacted, That there
ihall be a general meeting of the stockholders on
the first Monday in June, and the first Monday
in December, in every jrear, in the City of Wash-
ington, lo which meeting the president and di-
rectors shall make a report, and render distinct
and just accounts of all their proceedings j and
on finding them justly and fairly slated, the stock'
holders ihen pre^nt or a majority of them, shall
give a certificate thereof; and at such half yearly
general meetings, after leaving in the bands of
he treasurer such sum as sball be judged neces-
ary for repairs, improvements, or contingent
vharges, an equal dividend of all the net profits
arising from the wharfage and tolls hereby granted
shall be ordered, and made lo and among all the
stockholders of tne said company, in proportion to
their several shares; Provided, Toat if the net pro-
fits sball, in any year,exceed fifteen perceninm on
he sum actually expended by the said company,
n openins the said canal, and completing tbe
lame, the fifteen per centum only of the net profits
iball he divided among the stockholders, and the
jxcesa shall be paid to the Mayor and City Coun-
cil of the City of WashingloI^ foe the use of the

id city.

Sec. 18. And be U further enacted, Tbat, for
and in consideration of the expenses the said
stockholders shall incur in cutting the canal, erect-
ing locks, and in maintaining and keeping the
same in repair, and in tbe enlargement and im-
provement of the same, the said company is hereby
-"ithorized lo collect on all articles and materials
._ nded on each side of the canal, from on board
any boat or scow, or placed on either side of the
said canal, for the purpose of being taken there-
from by any boat or scow, according to such rates
as the president and directors may, from time to
time, by their by-laws, order and direct : Pro-
vided, That the said rates shall, at no time here-
after, and in no particular, exceed the rates which
are, or may be, established by the owners of
wharves in the City of Washington. Aod it shall
and may be lawful for the said company to de-
fer all articles carried through the said cana^ tolls
not exceeding the following rales, that is to say :
for each unloaded boat or scoW) twenty-five cents ;
for each barrelof floor, (wo cents; for each barrel
of beef or pork, two cents; for each barrel of
whiskey arbraody, three cents; for each hogshead
or pipe, six cents; and upon all other articles,
pacllages, and commodities, one-sixth part of the
amount of tolls allowed by law to be received by
the Potomac Company, at the Great Falls of the
river Potomac. And the said company shallalso
have the exclusive right.to establish a packet-boat
or boats upon the said canal for carrying passen-
gers, and DO other packet-boat or boatSgliui such
as are established or permitted by them, shall ho
allowed to carry passengers through the same for
hire.

Sec, 13. Provided alvaye, and be it further en-

.yGoogIc

1816

AFFENDIX.

1816

adtd. Thai ftU public property shdi pau through
die Mid cKsal free of toll, aod >lio, that in case
the laid caoal and one of the forks thereof shall
not be completed within the term of leTeo years
from the passage of this act, in such manner u to
admit hoais and scows drawing three feel water

thoiily hereby granted to the said companf shall
cease and determine.

Sec. 14. And bt it _flirther enacted, That thi
■aid company shall, from time to time, whenefer
the Mayor aod City Council shall order and di-
rect, suUer bridges to be erected across the caaal,
and shall suffer the same when erected to b« re-
paired ; Provided, That every bridge so erected,
shall be el least six feel above high water mark.

Sec. 15. And beUJurther enacted, That the
President aod Directors of said company, after
the said canal shall be opened and made passable
for boats and scows drawing three feet of water,
■hallaDDually,iD the mooth of January, lay before
the Congress of the United Stales, a Just and troe
account of their receipts and expenditures, wilhk
statement of [he clear profits thereof.

Approved, February 18, 1809.

Be it enacted, fc.. That for the expendiiu:
the civil list in the present year, including ihe

contingent expenses ol
and offices; for (beo

staiionery for the same; for the payment of
unities and grants ; for the support of the Mint
Establishment; for the expenses of intercourse
wilh foreign nations; for the support of light-
bouses, beacons, buoys, and public piers ; for de-
fraying the expenses of surveying the public lauds;
ana for satisfying certain miscellaoeoUs claims;
the folloving sums be, and the same hereby are^
re^eciively appropriated, iliai it to say :

For compensation granted by law to the mem-
bers of the Senate and House of Represent aiives,
tbeii officers and at teDdints,estimatedfor a session
of four moBibs and ■ half continoauce, two hun-
dred and one tboussod, four hundred and iweoty-
flve dollars.

For the expense of Gre-wood, stationery, print-
ing, and all other cooringent expenses of tke two
HousesofOoDgreis, twenty-eight thousand dol-
lars.

For all contingent expenses of the library of
Congress, and for the librarian's allowance for the
year one thousand eight hundred and nine, eight
hundred dollars.

For cofflDeoiation to the President and Vice-
FtesideDi of the United Stales, thirty iboasand
dollars.

For compensation to the Secretirv of State,
clerks, and perioos employed in that department,
inclaaiiig the sum ot one iboutaad dollars for
coupeosaiions to his clerks, in addition to the sum

allowed by the act of the twentv-fint day of April,
one thousand eight hundred ana six, thirteen thou-
sand fivehundwl and sixty dollars'.

For the incidental and contingent expenses of
the taid department, four thousand two huadred
dollam.

For printing and distributing the laws of the
second session of the tenth Congress, and priming
the laws in newspapers, eight laoosand two hun-
dred aod flftv dollars.

Forspecislmeuengers charged wilh despatches,
two thousand dollars.

For compensation to the Secretary of the Trea-
sury, clerks, and persons employed in his office,
including the sum of one thousand dollars, for
clerk hire, in addition to the sum allowed by ihe
act of the twenly-QrsI April, one thousand eight
hundred apd six, sixteen thousand seven hundred
dollars.

For the expense of translating foreign languages,
allowance lo the person employed in transmitting
passports and sea-letters, and for stationery and
prmting in the office of the Secretary of the Trea-
sury, one thousand dollars.

For compeusaiion to the Comptroller of the
Treasury, clerks, and persons employed in his
office, including the sum of ooe thousand six hun-
dred attd thirty-nine dollars, for compeosaiion to
his clerks, in addition lo the sum allowed by the
act of the iwenty-first April, one thousand eight
hundred and six, fourteen thousand six hundred
and sixteen dollars.

For expense of stationery, printing and inei-

mialandcoutingentexpensesoflheComptrolter's
office, eight hundred dollars.

For compensation to the Auditor of the Trea-
sury, clerks, and persons employed in his office,
twelve thousand two hundred tad iwentv-one
dollars.

For expense of siationery, printing, and inci-
dental and contingent expenses of the Auditor's
office, five hundred dollars.

For compensation lo the Treasurer, clerks, ajid

Edrsons employed in his office, six thousand two
undred and twenty-seven dollars and forty-five

I and contingent expenses in the Treasurer'*
ffice, three hundred dollars.
For compensation to the Register of the Trea-
jry, clerks and persons employed in his office,
xteen thousand and fifty-two dollars and two
en Is.

For expense of stationery, printing, and all
other incidental and contingent expenses in the
Registers office, including books for the poblic
stocks, and for the arrangement of the marine
records, two thousand eight hundred dollars.

For fuel, and other contingent and Incidentftl
expenses of the Treasury Department, four thou-
sand dollars.

For defraying the expense of printing and aia-

ting the public accounts for the year one thoasaod

eight hundred aod nine, one thonsand two ban-

dred dollars.

For the purchaae of hooka, maps and charts, tot

.yGoogIc

1817

Public Atfy of CongrtM.

the nse or ihe Treasary DepRrtment, four hao-
dred dollars.

For compeDsatton to a Super in tea dent em-
'^oyed to secure ibe Iwildiags and records of tbe
Treasurr Departmeoi, during the year one thou-
aaod eight hundred and nine. tnclodtDE tbe ex-
pense of (wo walcbmeD, the repairs or iwa fire
engines, buckets, loaierns, and other incidental
and coDlingent expeoses, one thousand one hon-
dred dollars.

For compeosation to tbe Becreury of the Com-
miasiooers of the Sinking Fund, two hundred and
fifty doUan.

For compeniBtioQ to the Secretary of War,
cterks, and persons employed in his omce, elereo
tboDSBDd two hondred and fifty dollars.

For expense of fuel, stationery, prin line, and
other contingent expenses of the office of the Sec-
retary of War, one thousand dollars.

For coropensaiioa to the Accountant of the War
Department, clerks, and persons employed iit his
office, ten thonsand nine hundred and ten dollars.

For coDliogent expensea in tbe office of Ihe
Accountantofthe WarDEpartmenljOne thousand
dollar*.

For compensation to the cleib employed in tbe
Paymaster's office^ two thousand eight hundred
dollars.

For coniingent expenses in the said office, two^
hundred dollars.

For compeosatioo to the Purveyor of Public
Supplies, clerks, and persoas employed in bis
office^ and for expense of stationery, store rent
and fuel for the said office, including the sum of
fire bnadred dollars for compensation to clerks, in
addition to tbe sum allowed by the act of the
twenty first of April, one thousand eight hundred
and six, five thousand one hundred dollars.

For compensation lo the Secretary of th« Nary,
clerks, aod persons employed in his office, nine
thousand eight hundred and ten dollars.

For expense of fuel, stationery, printing, and
other contingent expenses in the said office, two
thousand dollars.

For compensation to tbe Accountant of the
Nary, clerks, and petaoDs employed in his office,,
ten tbousand fbur hundred and ten dollar^

For contingent expense* in the office of tbe
Accountant of the Nary, seven bnndred and fifty
dollafs.

For edntpensation to the Postmaster Qeneral,
Assistant PostmasterGeneral, clerks, and persons
employed in the Postmaster Qeneral's office, in-
cltiding the sam of one thousand five hundred
and forty-fire dollars, for compensation to clerks,
in addition to the sum allowed bv tbe act of the
tweniy-flrst of April, one ihousaoo eight hundred
tnd six, sixteen tnousand dollars.

For expense of fuel, candles, hoase rent for the
messenger, stationery, chests, Ac, pertaining to
Ihe Postmaster Qeneral^ office, two thousand fire
hundred dollars.

For compensation to the several loan officers,
thirteen thonsand two hundred and Gftr dollars.

For compentattOD to the clerks of the sereral
Commisaionen of Loans, and for allowaiic6s to

certain loan officers, in lieu of clerk hire, and to
defray the authorized expense of the sereral ItMii
offices, Gfteen thousand dollars.

For eorapensatiOo lo ibe Surveyor Oeneral
and his clerks, three thousand two hundred dol-
lars.

For aompensaiion to the Surveyor of the lands
south of tbe State of Tennessee, clerks employed
in his office, and for stationery, and other contin-
gencies, three thonsand two hundred dollars.

For compensation to tbe officers of the Mint:

Tbe Director, two thousand dollars;

The Treasurer, twelve hundred dollars ;

Tbe Aissyer, fifteen hundred dollan;

Tbe Chief Coiner, fifteen hundred dollars;

The Metter and Refiner, fifieen hundred dol-

r, twelve hundred dollars

For wages to the persons employed in the dif-
ferent branches of melting, coining, earpenten'
millwrights' and smiths' work, incldding the sum
of one ihouHud dollars per annum, allowed to an
assistant coiner aod die-forger, who also oversees
the execution of the iron-work, and of sit hun-
dred dollars per annum, allowed to an assistant en-
graver, eight tboasaod five hundred dollars.

For repairs of Airnaces, cast-rollers and screws
timber, tnr-iron, lead, steel, potash, and for ill
other contingeficles of Ihe Mint, three thousand
two hundred dollars.

For compensation to the OoverooT, Judffes, and
Secretary of the Territory of Orleans, thirteen
thousand dollars.

For incidental and contingent expenses of the
eiecutire officers of the said Territory, two thou-
sand eight hundred and fifty dollars.

For compensation lo theOovernor, Judges, and
Seeretary,of (he Mississippi Territory,seven thou-
sand eight hundred dollars.

For expense of stationery, office rent, and other
contingent expenses of said Territory, three hun-
dred and fifty dollan.

For compensation to the Goremor, Jftdee*, tai
Secretary, of the Indiana Territory, six thousand
six hundred dollar*.

For expense of siatiooery, office reat, and other
contingent expenses, of said Territory, three hun-
dred and flfly dollar*.

For compensation lo the Qorcmor, Jnd^, and
Secretary, of the Michigan Territory, six Iboo-
sand six hundred dollars.

For expense of stationery, office rem, and other
contingent expenses, of the said Territory, three
bnndred and fifty dtulars.

For compensation totbeCkivemor, Jadfet,and
Secretary of the Louisiana Territory, six thon-
sand sii bnndred dollars.

For expense of stationery, office rent, and other
contingent etotneta, of the said Territory, three
hundred and nfty dollars.

For compensation to the Qovertior, Judges, and
Secreury, of the Uliaola Territory, six thoosaud
•iz hundred doUata.

.yGoogIc

181S

APPENDIX.

PutiK AdM q^ CoKfTtM.

1820

For ezpcme of tutionerr, <Ace reni, aad other
cooliDgeDt expeDtMorwid Terrilory, tbm kuD-
dred ud 60}' dolkrc

For the diMhrnrge oftnch demiodi ■giintt the
Uoiled Statet, onacconnl or the ciTil deparimeot,
not oiherwiw profided for, at ahill have been
kdmiited id a doe conrM of telUtment at the Tres-
■ary, two ibouiand doltan.

For addiliooat compcilMiioD to the clerka io
the leveral Department* of Slate^reaiur^, War,
and NaTiTi ■'■a of tt>e General Poit Office, not
eiceediD{, for each Deparltnenl retpecureljr, fif-
lent per centum, in addition to ihe lama allowed
bf the act, eniitied " An act to reguUie and 6z
the eompcnntion of clerki, and to aalhoriie the
hjinc out certain public roadi,and for other pnr-
poM«7' thirteeo tbouMnd two hnndred and tixtjr-
nine dollars and thirtr-thrM cenU.

For eompentalion, rranted br law, to the Chief
Jutticfl, Ihe Aitociate Judgrt, and Dittrict Jod^ei,
of the Uoiied State*, incrDdiog the chief jaitice
and two a«M)ciata jndge* for the Diitrict of Co-
lumbi*, to the Aliomej Oeneral and to the dit-
trict judge of the Terriiorr of Orlein*, flfty-niae
lhou*anir four huadred dollar*.

For the like compeniation granted to tha ter-
eral DUtrict AiiorDe]r* of the United Sute*, three
thou*and four hnndred dollar*.

For compeo*BiioD* granted Io the Marshal*
for the Dijtrict* of Maine, New Uimpihire, Ver-
mont, New Jertey, North Carolina, KcDtuckf,
Ohio, B*st aod W»l Teonesace, and Orlean*, ia-
cluding the compeoaaiion allowed to the Mar-
•hali of New Jerter and North Carotioa, for the
three la*[ quarter* of the year one Ihouund eight
hundred and eight, by the act of the twenif-
fifih of Febroary, one thonMod eight bandred
and eight, two tboucand tiz hundred and flftjr
dollar*.

For defraying the expen*e* of the Supreme,
Circuit, and Diitrict Courl>,orthe United State*,
including ihe District of Columbia, and of jnrors
and witoe**e*, in aid of the fuodi ariiins from
fine*, forfeiture*, and penaltle*. and for defraying
the expente* of proiecutlon* for offence* a^init
the United State*, and for the ufe-keeping of
pritoner*, forty thoutand dollar*.

For the paymeat of (undTr peniioni granted
by Ihe lale Qoremmeot, nine hundred and sixty
dollar*.

For the payment of the annual allowance to
ihc ioTalid peiuioner* of the Uoiied States, from
the fifth of March, one thotuanJ eight hundred
and nine, to the foorih day of Maren, one thou-
aaad eifhl hundred and leo, ninety-eight thou-
Mod dollar*.

For the mainteninee and support of light-
honiei. beacon*, buoys, and public piers, stake-
ages of cbaonel*, bars, and shoali, sod certain
conlingeut expenses, sereniy-nine thousand and
thiny-nioe dollars and forty cents.

For erecting two light-houses on Long Island
Bound, one on Watchhill point, and the other on
Band's or Watch point, the following lums, that
it is losay: ihesumof two thou»and*ix hundred
and tbirly-scTen dollars and fifty cents, balance

of a former appropriation for ihoa object* car-
ried to the "surplus fund," and the further sum
of fire thousand seven hundred dollars, in addi-
tion to the appropriations Iferetofore made for the
same objects.

For placing buoy* and beacons on or near the
shoals and rock* in the channel leading into ihe
harbor of Salem, in the State of Massachusetts
in addition to the sum* heretofore appropriated
for that purpose, lixly-seren dollars and twenty-
nine eent*.

For rebnilding two ligbt-hooae* on Plamb
Iiland, in the State of MaMaehosetts, ten ihon-
sand dollars.

F ■ - ■

Bibi
niied State*, eighteen thousand two bandred
and forty dollars.

For expenses of the boards formed in the Ter-
riiorie* of Orlean* and Louisiana, for inresticat-
ing and adjusting titles and claims to land, in ad-
dition to the sum heretofore appropriated lor that
object, ten thoa*and dollars.

For the expense of taking the second Censu
of the United States, being the balance of a
former appropriation for tlut object, and car-
ried to the surplus fund, thirteen thousand eight
hundred and oinety dollar* and ninety-six cent*.

For the expense of retnrning the Toies of Pres-
ident and Vice President of the United State*,
for the term commencing on the fourth day of
March, one thousand eight hundred and nine,
one thousand fire hundred and ninety-three dol-
lars.

For expense* of iDiercour*e with foreign na-
tion*, ihiriy-lhree thousand and Sfty dollars.

For the contingent expenses of intercourse witb
foreign natious, serenty-fire ihotuod dollars.

For the expenses of intercoune with the Bar-
bary Power*, fifty thousand dollars.

For the contingent expeniiesof intercourse with
the Barbiry Powers, fifty thousand dollars.

For the relief and protection of distressed Ame-
rican seamen, fife thousand dollars.

For the expenses of prosecuting claims in rela-
tion to captures, six [housaod dollars.

For defraying tjie expenses of regulating, lay-
ing out, and awaking a road from Cumberland, in
the Slate of Maryland, to the Slate of Ohio, agree-
ably to an act of Congress, passed the twenty-
ninth day of March, one thousand eight hundred
and six, ihe balance of a former appropriation
made by the aforesaid act, for that object, hariog
been carried lo the surplus fund, sixteen thousand
and seventy-fire dollars and fifteen cents.

For defraying the expense of opening a road
from tbe irouiier of Qeorgia, on the route from
Athens to New Otleaos, till the same intetsecu
Ihe thirty-first degree of north laiiiude, agreeably
to an act of Congress, passed on. ihe iwenty-Grst
day of April, one ibousand eight hundred and
six, the balance of a former appropriation for that
object having been carried to the surplus funi^
thousaniTfour hundred dollars, and a further
of fire thousand dollars, in addition to che
sums bereiofote appropriated for that object.

.yGoogIc

1281

PutJic Actt <^ Ckmgrets.

For defrayiag ibe expeose of opeDiDg & rotd ot
roads through the territory lately ceded by the
IndiauB to ihe United Sutes, from the Missiisip-

Si to the Ohio, and to the former Indian bouodtry
ne, which was established by the Treaty of
Qreenvilie, agreeably to the last abore recited
act; the balance of a farmer appropriatioa made
for that object baviog been carried to the surplu;
fund, one thousand eight hundred dollars aod
forty-eiEhc cents.

For defrBying the expense of opening a load
from Nashrille, in the State of Tennessee, to
Natchez, in the Mississippi Teirliory, agreeably
to the aforesaid act of uie twenty-first day of
April, one ibotisand eight hundred and six, the
baJaoce of a former appronriation for that object
baring been carried to tne surplus fund, three
tbousaad dollars.

For the discharge of such miscellaneous claims
against ilie United States, not otherwise ptorided
for, aa shall have been admitted, in due course of
settlement, at the Treasury, four thousand dtri-

Sec. 2. And be it further enacUd, That the
several appropriations hereinbefore made, shall
be paid and discharged out of the fund of six
hutidred thonsand dollars, reserved by an act
making provision for the debt of the United
States, and out of any moneys in the Treasury,
not otherwise appropriated.

Approved, February 17, 1809.

Be it eneuited, ^c, That the cittzena of the In-
diana Territory entitled to rote for Representa-
tiveato the Qeneral Assembly thereof, shall, at
the time of electing their Representatives to the
said General Assembly, also elect one Delegate
frotn the said Territory to the Congress of the
United Slates, who shall possess the same powers
heretofore granted to the Delegates from tne sev-
eral Territories of the United Slates, anything In
the ordinance for the government of the said
Territory to the cootrary notwithstanding.

Sec. 2. And be it fialher enacted, TLat the
thecifls of the several counties, which now are,
or may hereafter be. established in the said Terri-
' lory, Tespeciively, shall, within forty days next
after an election for a Delegaie to Congress trano-
mit to the Secretary of the Territory a certified
copy of the returns from the several townships in
their counties respectively. And it shall be the
duly of the Qovernor. for the time being, to give
to the person having the greatest number of votes,
a certificate of his election.

Sec. 3. And be iC fiirther enacted, That, so soon
as tlie Qovernor of the said Territory shall divide
the same into five dintrict^, the citizens thereof
entitled to vote for Representatives to the said
General Assembly, shall, in each of the said dis-
tricts, elect ooe member of the Legislative Coun-
cil, who shall possess the same powers heretofore
granted to the Legislative Council in the said
Territory, and shall hold their offices four years,

and no longer ; anything in the ordinance for the
government of the said Territory to ibe contrary
notwithstanding.

Sec. 4. And be it further enacted, That the
General Assembly of the said Territory shall
have power to apportion the Representatives of
the several counties ti)ereia, or which may here-
after be established therein, according to the num-
ber of free white male inbabitania above (he age
of twenty-one years, in soch couoUes; Provided,
that there be not more than twelve, nor less than
nine, of the whole number of Representatives,
any art or acts to the coniriiry notwithstanding,
until there shall be six thousand free male white
inhabitant*, above the age of twenty-one years,
in said Territory ; after which time, the number
of Representatives shall be regulated agreeably
to the ordinance for the government thereof.

Approved, February ST, 1809.

Aa Act fiaeinK bam posta^^ all letters and packets to
Thomas Jefienoo.

Be it enacUd, fc., That atl letters and packets
to Thomas Jefferson , now Fresideni of the United
Stales, after the expiration of his term of oGSce
and during his life, shall be carried by the mail,
free of postage.

Approved, February 88, 1809.

An Act for the disposal of certain tiaeta of land in the
Mississippi Tamlory, claimed under Spanish grants,
reported by the Land Commiasionen as antedated,
and to ccnfirm Ibe claims of Abraham Ellis and
Daniel Hsrregal.

Be it enaaeij ^c, That the several tracts of
land in the Mississippi Territory, the titles to
which have been derived under Spanish claims,
and which have been disallowed by the Boards
of Com mi as loners east and west of Pearl river,
OB suspicion of the grants, warrants, or orders of
survey, on which the claims are grounded, being
antedated, or otherwise fraudulent, and which are
embraced tn the report of the said Boards of Com-
missioners, laid before Congress, agreeably to the
third section of an actj eniiiled, "An act supple-
menury to the act, entitled an act regulating the
grants of land, and providing for the disposal of
Uie lands of the Uniied Suies south of the Slate
of Tennessee," shall be, and the same are hereby
directed lobe sold, in the same manner, at the
same price, and on the same terms and conditions
as have been, or may be by lav provided for the
sale of the other public lands in the said Terri-
tory; and any person or persons claiming under '
a Spanish grant, warrant, or order of survey, as
aforesaid, snail be entitled to institute, in the high-
est court of law or equity in the said Territory,
his or their suit or action for the recovery of the
tract or tracts so claimed as aforesaid : Provided,
such claimant or claimants shall institute his or
their suit or action within the term of one year
from and afier the tract or tracts so claimed shall
have been sold by the United Slates } or, in case
the same is now inhabited and cultivated in vir-
tue of a pre-emption right, within one year from

.yGoogIc

1823

APPENDIX

PtMic Aett q/ Congreu.

and a^er the pusiagpof Ibis act; aod if any p«r-
■OD or penoDB, clainiDg laadi as aforeuid. sDall
fail or neglect [o commence or Insiiluie Iiis or
tfkcir laii or aeiioD. in ihe manner, and within the
lime pmcribed by thi* leciioD, or Ehall be ood-
■uit, or discoatiane the same, his or their right to
commence gneh suit or action, ia any coart whai-
■oever, (hall be forever barred and forecluaed.

Sec. 2. And be it ^further emcUd. That if the
person or persons claiming □ndereoch graiil, war-
raoi, or nrder of suTTey, shall make it appear to
ibe MtisfactioB of the coorl before whom such
rait or action shall b« pending, that the tract of
laod therein specified was aetnally snrreyed prior
to the tweoly-terenth day of October, one tnoD-
sand MTen bundled and ninety-five, then, and tn
that case, the same shall be deemed and held to
be good and valid to all intents and purposes, any-
thing in this act to the contrary nottrithstaitding.
But in case the claimant or claimants shall fail to
prove Ihe tract or tracis of land so elaimed, to
iave been actually stirveyed prior lo the twenty'
aeventh day of October, one tnoutand seven bun*
dred and ninetv-five, or, in case the same shall
appear to be otoerwise fraudulent or illegal, the
graot. warrant, or order of survey, granted by
the Spanish Government, as aforesaid, by virtue
of which such tract or tracts of laud may be
elaimed, shall he. end the same is hereby declared.
Bull and void, to all intents and purposes, and
shall not be read in evidence against any claim
or certificate of pre-emption, derived from the
United States.

either party to iotrodoce parole evidence, for [he
purpose of supporting or lOTBlidstinf^ the grant,
warrant, or order of survey, as aforesaid ; and the
judgment, sentence, or decree of Ihe said highest
court of law or equity, in the cases aforesaid, shall
be final and conclusive between the parties, and
may be plead in bar lo any subsequent stiit or ac-
tion brought in the same, or any other court, for
the recovery of the same land, or any part thereof.

Sec. 4. And be it further enacted, That Abra-
ham Ellis be, and be Is hereby, confirmed In a
tract of land, granted by the British government
of West Florida to Stephen Jordan, containing
Ihe qilsntity of two hundred acres, lying on the
waters of Boyd's cfeek, according to the metes
and bounds of said tract of land set forth in the
^at [hereof made bv the Surveyor Oeneral of
sdid province of West Florida; and that the
amount of money which the taid BUis may have
been compelled to pay to the receiver of public
moneys west of Pearl river, in the Mississippi
Territory, for said tract of land, be refunded to
him by the receiver aforesaid.

Sec. 5. And be it Jitrtker enacted. That Daniel
Harregal be, and he is hereby, confirmed to his
title in fee simple to the tract of land whereon
be resides, contataiog the Quantity of five hun-
dred and fifty acres, Hgreeaoly lo a plat thereof
filed with the Register of the land office, west of
Pearl river, in the Mississippi Territory,

Approved, February 28, 1B09.

An Bctto the t^«r of ei

■ Ahtet

Be it enacted, fc Thai Ai Fiv
United States be, and he ii hndi r .
cause to be sarveyed and dai;ic
metes and bounds, a tnci of W .>.
two thonsaad five handrad tnB.c: .
of the United States, lyia^ intg;'.
Orleans, and west of the rim Kxi;
by lease, vest the said tneirflBev
tribe of Alabama IndiaBi,tiriik:'
for the term of fifty yean. Frmy.
teei. That it shall sot be kwfnlb?.
of Indians to transfer or stRp^i-
the said land, and every suck D^'
ment shall be tiiill and void: hiy^
That, if the said tribe of Isiui'::
from the said tract of hoi ihi iv
to Ihe same shall heneefbtticneo:.'

Sac. 2. And beU farAaatOi:-.
shall be designated, under ik ^
Secretary of the TreaiarT,i«ii™^...
the Michigan Territory, ok iieUxr .
called BroWQstown, aod^silr::
called Maguaga, in the poMssa-^'
dot tribe of Indians, eoa[tisu;(i>''-
more than five thousand acm; tjl'' ■
of land shall be reserved Ibftke..-
Wyaudots, and their desceiriiEc'e:
to them in the same inMKr.s--C
terms and conditions, as is norik'^' .
the Alabama Indians bytkeiae^-'- .
act. '

Approved, Februa/J 2B, IW

Aa Act lo interdict umiMmil i"^
llw United SUte* aad Ool »■*
and their di^oideBeisii, sidiK*^
Be it enacted,^ Tlist,f««'j
passage of this act, the eatniti"^*.
and waters of the United Satti^,
ritoties thereof, be, and the •»"%:
dic[ed to all public shipiaaJm*'":
Oreat Britain or Praac^ (KVCTi
which may be fofced iafcyfigli^
charged with despaiehe) « f*^'''
Oovemmenl lo which tkey wfff "^
ets having no cargo or "i''™'^^- 1
And if any public shipor «*"^'
being included in the eK*^*"''!^;
sbair enter any harbors or nw**,, .
risdiction of Ihe United 8(i«^ «■?;.
Ties thereof, it shall be lawftlf««_^,
the United Statea. or Mcli t^^f
shall have empoweiedferita^'. ^ ,
such part of the laad anil unl Hf'^'l
militia of (he United Saw. "*'«:
thereof, as heshaW deem aew*!!""^
ship or vessel to depart. _^vnK
Sec. 2. Andbeitfirtknu^^li-
no[ be lawful for aay «tiw.i*'j»
United States, or [BeTcrnioiw^e'
any person or petsosi '"''^ Jljt^
same, lo have any 'i"«'"'''7J,^»#' i
any aid or supplies touTI""'"^

.yGoogIc

1825

APPENDIX.

Public Acta of Congress.

aforesaid, which shall, coolrary to (he proTlsions
of this act, have eniered any harbor or waters
withiD the innsdiciion of the United States, or
the Territories thereof; and if any person shall,
contrary to the proTJsioiia of this act, have anj
iDiercourse with such sbii) or vessel, or shall af-
ford aDy aid to such ship or vessel, either
repair) Dg the said vessel, or in furoishiDEiher, I
officers and crew, with supplies of anv kind, or
any manner whatever, or If any pil

person shall assist in navigatine ot pilocing
ship or vessel, unless it be for the giurpi

ofci

lited States, every person so ofiending shall
forfeit and pay a sum not less than one hundred
dollars, nor exceeding ten thousand dollars; and
shall siso be Imprisooed for a term not less than
one month, nor more than one year.

Sec. 3. Afid be it further enacted. That, from
and after the tiventieth day of May next, the en-
tranceofibeharborsaodwatersaftlieUoiied States
and the Territories thereof, be, and the same is
hereby, interdicted to all ships or vessels sailing
under the flagofOreai Britain or France, or own-
ed in whole or in part by any citizen or subject
of either; vessels hired, chattered, or employed,
by the Government of either country, for ine sole
purpose of carrying letters or despatches, and also
vessels forced io by distress, or by the dangers of
the sea, only excepted. And if any ship or vessel
sailing under the nag of Great Britain or France,
or owned in whole or in part by any citizen or
subject of either, and not excepted as aforesaid,
shall, after the said twentieth day of May next,
arrive, either with or without a cargo, within the
limits of the United Slates, or of the Territories
thereof^ such ship or vessel, together with the
canto, if any, which may be found on board, shall
be forfeited, and may be seized and condemned in
any court of the United States, or the Territories
thereof, having competent jurisdiction; and all and
every acrand acts heretofore passed, which shall
be within the purview of this act, shall be, and
the satne are hereby, repealed.

Sec. 4. And be it further enacted, That, from
and after the twentieth day of May d^i'i it shall
not be lawful to import into the United States, or
the Territories thereof, any goods, wares, or mer-
chandise wbaiever^ from any port or place, si tn-
ated in Great Britain or Ireland, or in any of the
colonies or dependencies of Qreat Britain, nor
from any port or place situated in France, or in
any of her colonies or dependencies, nor from any
port or place in the actual possession of either
Qreat Britain or France. Nor shall it be lawful
to import into the United States, or the Territo-
ries thereof, from any foreign port or place what-
ever, any goods, wares, or merchandise what ever,
being of ihegrowtb, produce, or manufacture, of
France, or ofany of her colonies oi dependencies,
or being of the growth, produce, or manufacture,
of Great Britain or Ireland, or of any of the colo-
nies or dependencies of Great Britain, or being of
the grOwtn, produce, or manufacture, ofany place
or country in the actual possession of either
France or Great Britain : Provided, That Qotbing
10th Co5. Sd Seh. — 58

herein contained shall be construed to affect the
cargoes of ships or vessels wholly owned by a
citizen or citizens of ttie United States, which
bad cleared for any port beyond the Cape of Good
Hope, prior to the twenty-second day of Decem-
ber, one thousand eight hundred and seven, or
which had departed for such port by permission of
the President, under the acta supplementary to the
act laying an embargo on all ships and vessels in
the ports and harbors of the United Stales.

Sec. 5. And be it further enacted, That when-
ever any article or articles, the importation of
which is prohibited by this act, shall, after the
twentieth of May, be imported into the Uoiied
States, or the Territories thereof, contrary to the ,
true intent and meaning of this act, or shall, after
the aaid twentieth of May, be put on board of any
ship or vessel, boat, raft, or carriage, with inten-
tion of importing the same into the United State^
or the Territories thereof, all such articles, as well
as all other articles on board the same ship or
vessel, boat, raft, or carriage, belonging to the
owner of such prohibited articles, shall be forfeit-
and the owner thereof shall, moreover, for-
feit and pay treble the value of such articles.

"-.o. 6. And be U further enacted, That if anj
article or articles, the importalioo of which is
ohibited by this act, shall, aAer the twentieth of
ay, be put on board of aoy ship, or vessel, bait,
ft, or carriage, with iolenlion to import the
me into the United States, or the Terriioriet
thereof, contrary to the true intent and meaning
" this act, and with the knowledge of the owner
master of such ship, or vessel, boat, raft, or
carriage, such ship, or vessel, boat, raft, or carriage,
shall be forfeited, and the owner aod master there-
of shall, moreover, each, forfeit and pay treble the
value of such articles.

Sec. 7. And be it further enacted. That if any
article or articles, the importation of which la
hibited by ibis act, and which shall, neverthe-
t, be on hoard of any ship, or vessel, boat, ran,
:;atriage. arriving after tne said twentieth of
May next, in the United States, or the Territories
thereof, shall be omitted in the manifest, report,
ir entry, of the master, or the person having the
harge or command of such ship, or vessel, boat,
af^, or carriage, or shall he omitted in the entry
if the goods owned by the owner or consigned
o the consignee of such articles, or shall be im-
ported or landed, or attempted to be imported or
landed without a permit^^tne same penalties, finea,
ind forfeitures, shall be incurred, and may be re-
lovered. as in the case of similar omission, iM
omissions, landing, iroporiaiion, or attempt to
land or import, in relation to articles liable to du-
m their importation into the United States.
c. 8, And be it further enacted, Thaievery
collector, naval officer, surveyor, or oiher officer
of the customs, shall have the like power and au-
thority to seize goods, wares, and merchandise,
iported contrary to the intent and meaning of
is act, to teep the same in custody uniil it shall
have been ascertained whether tne same haa
been forfeited or not, and to enter any ship or
vessel, dwelling-house, store, building, or other

.y Google

1827

1828

Public Act* of CongTUt.

place, for the parpoie of leirchi:
IDS aoy such goods, ware*. »
wnieh he or they now hare by li
goods, wares, and merchmdr
sad, if any person orperaor-
anv goads, ware*^ '

1 merchnodiie,

r in relalion lo

, ibject 10 duty)

ihall coDceal or buy

iliaadise, knowing them

("liable lo leizure by rhis act, such person

perioDS shall, on conTicIion thereof, forfeit and
pay a lutD double the amount or value of the
goods, wares, and metchandiw, »o concealed ot
purchased.

Sic. 0. And be it further enacled, That the
following addiiioDi shall be made to the oath or
■ffirmitioD taken by the masters, or peraoDs, hay-
ing the charge or com ma od of any ship, or Tessel,
■rriTtng at any port of the United States, or the
Territories thereof, afler the twentieth ofMay, viz:
. "t further swear (or affirm) that there are not,
to Ibe best of my knowledge and belief.on board.
iinterl the denomiTurtion and name of me vettel,']
any goods, wares, or merchandise, the importa-
tion of which ioto the United Slates, or the Ter-
ritories thereof, is prohibited by law: And I do
further swear (or afGrm) that if I shall hereafter
discover or know of any such goods, waree, or
merchandine, OD board the said vessel, or which
■hall have beeo imparted in the same, I
nediatply, and without delay, make due report
thereof to the collector of the port of (his dis-
trict."

Sec. 10. And be it further enacted, That thi
following addition be made, after the twentieth
of May, to the oath or affirmation taken by ira
porters, consignees, or agents, at the lime of eo
lerJDE goods imported into the United Stales, o:
the Territories thereof, viz :

"I also swear (or affirm) that there are not, ti
the best of my knowledge and belief^ among tbi
said goods, wares, and merchandise, imported o
consigned as aforesaid, any goods, wares, or mer-
ehandise, the importation of which into the Uni-
ted States, or the Territories ther.-of, is prohibited
by law ; and I do farther swear (or affirm) thai
if I shall hereaOer discover or know of any such
goods, wares, or merchandise, among the said
goods, wares, and merrbandise, imported or coo-
signea as aforesaid, I will immediately and with-
ont delav report the same to the collector of this
disiricu"

Sec II. Jtul be it farthtr enacted. That the
President of the United States be. and he hereby
is, authorized, in case either France or Great
Britain shall so revoke or modify her edicts, as
that they shall cease to violate the oeutral com-
merce ot the United States, to declare the same
by proclamation ; aFter which the trade of the
United States, suspended bv this act, and by the
act laying an embargo on all ships and vessels in
the ports and harbors of the United Stales, and
the several acts supplementary thereto, maj be
renewed with the nation so doing: Pronded.
That all penDlttet and forfeitures which shall
have been previously incurred, by virtue of this
or of any other act, the operation of which shall
•o cease and determine, shall be recovered
distributed, in like manner as if the same bad

continued in full force and virtue: Knd vessels
bound thereafter lo any foreign port or place,
with which commercial intercourbe shall, bv vir-
tue of this section, be again permitted, sballgive
bond to the United Slates with approved security
in double the value of the vessel and cai^go, that
thev shall not proceed to any foreign port, nor
trade with any country other than those with
which commercial intercourse shall have been or
may be permitted by this act.

Sec. 12. And be it further enacted, That ao
much of the act laying an emhargo on all ships

id vessels in the ports and harbors of the United
Slates, and of the several acts supplemeniaff
thereto, as forbids the departare of vessels owaed
by citizens of the United States, and the exporta-
tion of domestic and foreign merchandise to noy
foreign oort or place, he, and the same ia hereby,
repealea, after the fifteenth day of March, one
ihousaud eight hundred and nine, except so far
as ibey relate in Great Britain or France, or their
colonies or dependencies, or places in the aclnal
possession of either: Provided, That bU penal-
ties and forfeitures which shall have been previ-
ously incurred by virtue of so much of the said
acts as is repealed by this act, or which have
been, ot may hereafter be, incurred by virtue of
the raid acts, on account of any infraciion of so
much of the said acts as is not repealed by ibis
act, shall be recovered and disiribuieJ in like
manner as if the said acts had coaiinued in full
force and virtue.

Sec. 13. And be itfuriher enacted. That du-
ring the coniiouance of so much of ibe act lay-

lupplementary thereto, as is not repealed by
icl, no ship or vessel bound lo a foreign pott,
which commercial intercourse shall, by vtr-
lue of this act, be again permitted. shall be allowed
o depart fur such port, unless the owner or own-
ers, consignee ot factor of such ship or vessel
hall, with the master, have given bond with one
ir more sureties (o the United States, in a sum
double the value of the vessel and cargo, if tbe
vessel is wholly owned by a citizen or citizens of
tbe United Statesi and in a sum four times the
ralue, if the vessel is owned in part or in whole
>y any foreigner or foreigners, that the vessel
ihall not leave the port without a clearance, not
ihall. when leaving the poit, proceed to any port
}t place in Great Britain or France, or in the
colunits or dependencies of either, or in ibe ac-
tual possession of either, nor be directly or lodi-
tectly engaged during the voyage in any trada
with such port, nor shall put any article on board
of any other vessel j not unless every other re-
quisit' and provision of tbe second section nf the
act entitled ''An act to enforce and make more ef-
fectual an act, entitled 'An act laying an embargo
on all ships and vessels in the ports and harbotsof
lbeUi<iied States, and (he several acts supplemen-
tary thereto," shall have been complied with. And
the natty or parlies to the above mentioned bond
shBll,withinareasonable time after the date of the
nme, lo be expressed in said bond, produce (o ihe

.yGoogIc

1829

APPENDIX.

1830

Public Act* cf Congrem.

coilecior or ihe district Ftom which the Te$:jel shall
hsTe been cleared, a certificate of ih« Undiag of
Ihe same, iti the same manner as is prorided by
law fur the laediDg of goods exported with the
privilege of drawback; od failure whereof, the
bond sEall be put in »uii ; and in every Guch suit
jadgment shall be giTeo against the defendant
or defeadants, unless proof shall be procured of
such relaadiog, or of loss at sea.

Sec. 14. And be & further enacted. Thai so
much of the act laying an embargo on all ships
and vessels in the porta and harbors of ihe United
Slates, aod of the several acts supplemenlaty
thereto, as compels vessels owned by citizens of
the United States, bound to another port of the
said States, or vessels licensed for the coasttag
trade, or boats, either not masted or not decked,
to give bond, and to load, under the inspection of
a revenue officei, or renders them liable to deten-
tion, merely on account of the nature of their
car^o, (sucli prorisions excepted as relate to col-
lection districts adjacent to the territories, colO'
nies or provinces of a foreign nation, or to ves-
sels belonging or bound to such districts) he, and
the same is hereby, repealed, from and after the
fifteenth day of March, one thousand eight hun-
dred and nine: Provided^ however. That all pen-
allies and forfeitures which shall tave been pre-
viously incurred hy any of the said acts, or which
may hereafter be incurred by virtue of the said
acts, on account of any infraction of so much of
the said acts as is not repealed by this act, shall
be recovered and distributed in like manner as if
the same bad continued in full force and virtue.

Sec. 15. And beUJiuiher enacUd, That dn-
TiDg the continuance uf so much of the act lay-
ing an embargo on all ships and vessels in the
ports and harbors of the United States, and of
the several acts supplementary thereto, as is not
repealed by tbts act, no vessel owned by citizeni
of the UnitSl Slates, bound to another port of ihe
said Slates, or licensed for the coantias trade, shall
be allowed to depart from any port of the United
States, or sbalt receive a clearance, nor shall it be
lawful to put on board any such vessel any specie,
or gotMls, wares, or merchandise, unless a permit
thall have been previously obtained from the
proper collector, or from a revenue officer, author-
ized by the collector to grant sucb permits; nor
unless the owner, consignee, agent, or factor,shall,
with the master, give bond, with one or more sure-
lies, l<i the United States, to a sum double the
value of the vessel and cargo, that the vessel shall
not proceed to anv foreign port or place, and that
the cargo shall be relanded in some pott of the
United States: Provided, That it shall be lawful
and sufficient in the case of any such vessel,
whose employment hss been uniformly conHned
to rivers, bays, and sounds, within the jurisdiction
of the United Slates, to give bond, in an amount
equal to one hundred and fifty dollars, for each
ton of said vessel, with condition that such vessel
shall not, during the time limited in the condition
of the bond, proceed to any foreign port or place,
or put any article on board of any olner vessel, or
be employed in any foreign trade.

Sec. 16. ATtdbeilJvrtherenacted^ Thatifany
ship or vessel shall, during the continuance of so
much of the act laying an embargo on all ship*
and vessels in the ports and harbors of the Uni-
ted Stales, and of the several acts suppleineiiiarf
thereto, as is not repealed hy this act, depart from
any port of the United States without a clearance
or permit, or having given bond in the manner
provided by law, such ship or vessel, together
with her cargo, shall be wholly forfeited ; and the
owner or owners, agent, freighter, or factors, mas-
ter, or commander of such ship or vessel, shall,
moreover, severally forfeit, and pay a sum equal
to the value of the ship or vessel, and of the cargo
put on board the same.

Seo. 17. And be U farther enacted, That the
act to prohibit the importation of certain gooda,
wares, and merchandise, passed tbe eighteenth
of April, one thousand eight hundred and six,
and the act supplementary thereto, be, and tbe
same are hereby repealed, from and after the said
twentieth dav of Nlay nextj Provided, Thai rli
9 and forfeitures which shall have bees
.ly incurred hy virtue of the said acta,
shall be recovered and distributed in like manaar,
as if the said acts had continued in fu^ force and

Sec. 18. And he UJurther enacted, That all
penalties and forfeitures arising under, or incur-
red by virtue of this act, may be sued for, proM-
cuiedand recovered, with costs of suit, by action
of debt, in the name of the United States of Amer-
ica, or by indictment or information, in any court
having cnmpeteot jurisdiction to try the same;
and shall he distributed and accounted for in
the manner prescribed by the act, entitled "An
act to regulate the collection of duties on importa
and tonnage," passed the second day of March,
one thousand seven hundred and ninety-uiaei
and such penalties and forfeitures may be exam-
ined, mitisaied, or remitted, in like manner, ftnd
under ihelike Cbodttioas, regulations, and restric-
tions, as are prescribed, authorized, and directed by
the act, entitled "An actio provide for mitiga-
ting or remiliing the forfeitures, penalties, and dis-
ablTiiies, accruing in eeriaia cases therein men*
tioned," passed the third day of March, one thou-
sand eight hundred and ninety-seven, and made
perpetual by an act passed the eleventh day of
February, one thousand eight hundred.

Bec. 19. And be U further mooted. That tbia
act shall continue and be in force until the end
of tbe nest session of Congress, and no loigei;
and thai the act laying an embargo on all ships
and vessels in the ports and harbors of the United
Stales, and the several acts supplemeoiary thereto,
shall be, and the same are hereby, repealed, from
and afier the end of the next session of Congresi.

Approved, March 1, 1809.

An Act making piDvision fbr the further accommo-
dation of tha household of the President of the
United Statsa.
Be it enacted, *Ct That, after the third day of

March next, the Presideot of the United Slates

.yGoogIc

18S)

APPENDIX.

Public Acts of OongruB.

1832

be, and he \% hereby, autliorized and empowerrd
(o CRUie 10 be sold Eucb ariiclei furaigbed by the
United SiaieB, for the Prcsideot's household, ai
maybe decayed, oul of repair, or unfit for uiej
and thai the proceeds of such sale, and ko much
of a BUD not eiceeding fourteen ihousaod dollars
in addiiioD ibetelo, out of auy mooey in ih« Tres'
amy cot otherwise appropriated, as the Presideat
of the United Stales may Judge necesaary, be,
and hereby Rre,eppropTiBied for iheaccQiniDoda-
tioD of the housenold of ibe President, to be laid
out and expended for sucb articles of furtiilure a«
he shall direct.
Approved, March 2, 1609.

An Asl Id extend tha tiina ftr making payment fbi
the public lauds of tbe Uoitad Hutoa.
Beit maettd.^c., That erery person who has
herelorore purcnased any of (he public lauds of
ike United States, at any of tbe land oSices es-
tablished for the disposal of the said lends, wbe
iher such purchase was made at public or priTali
aale, (sales by virtue of a pre-emption right only
excepted,) and whose lands have not already been
actually sold or rererted to tbe United Slates, for
non-payment of part of tbe purchase monsy, end
the lime for msking the last payment on account
of such purchase, according to former laws, may
hare expired, or shall expire, on or before the
first day of January next shall be allowed a fur-
ther term of two years for tbe payment of the
residue of the principal due on a '' '

parchase; which furiher term of'

last payment on account of such purchase should,
according to former laws, have become doe, aod
ahall be allowed only on the following conditions;
that is to say :— First, That all ibe arrears of '
terest, on the land purchased, lo the end of
year from and after the day on which (he last
payment on account of such purchase should,
cording to former laws, have become due, shall
haTe t«eo paid at or before the end of sucb year.
Second, That the residue of tbe sum, due on ac-
count of the principal of such purchase, shall be
paid, with interest thereon, in two equa) annual
payments, Ttz: one half of tbe said residue, with
the interest which may then be due thereon,
within one vear; and the other half of tbe said
residue, with the interest which may then be due
Ihereon, within iwo years al^er tbe expiralioo of
OK year from and after the day on which the
last iwyment on account of such purchase should,
according to former laws^ have becomt '■- ' "
in case of failure in payiog cither the arrea]
intereat on each of the two instalmeois of pri
pat, with the accruing interest, at the lime and
times above mentioned, the tract of land shall be
foribwiib advertised and offered for sail
manner and on the terms and conditio
prescribed for the sale of lands purchased froi

An<f

ibe United States, and not paid for within the
limited time; and ahall revert, in like manner,

the United Slatea, if (be sum due, witk in-
terest, be not at sucb sale bidden and paid.
Approved, Match 2, 1809.

An Act farther to amend the Judicial Bystem of Ih*

United Siatea.

Be it enacted, ic, Thai, in case of (he disability

of lUc disirietjildeeof either of the districts of the
United Stales to nold a district court, and to per-
form the duties of his office, and saiisfaclory evi-
dence thereof being shown to the justice of the
supreme court, allotied to that circuit in which
sucb district court ought by law to be holdcn;
and on application of the district attorney or
marshal of such district in writing to the md
justice of the supreme court, said justice of the
supreme court shall there upon issue his order, ia
(be nature of a certiorari, directed lo the clerk of
such disttict conr(, reijuiring him forihwilh to
certify into the next circuit court, to be holdea
in said district, all actions, suits, causes, plea^
or processes, civil or criminal, of what nature or
kind soever, that may be depending in aaid dis-
trict court and undetermined, with all tbe pro-
ceeding* thereon, and all files and papers relating
(hereto; which said order shall be immediately
published in one or more newspapers, printed in
said district, and at least thirty days before ibe
session of such circuit court, and shall be deemed
a aufficient notification to all concerned. And
(he said circuit court shall thereupon hare the
same cognizance of all such actions, suit<, causes,
pleas, or processes, civil or crimioat, of what na-
ture or kind soever, and in tbe like manner as ibe
district court of said district by law might have,
or tbe circuit court, had the same been originally
commenced therein ; and shall proceed to hear
and determine tbe same accordingly; and the
said justice of the supreme court, during the con-
tinuance of such disaliility, shall motapver be (d-
vested with and exercise all, and siogutar, the pow-
ers and authority vesiedbylawin the judgeoftbe
district court in said district. And all bonds and
recognisances taken for or returnable tu such dis-
trict court shall be construed and taken to be (o
the circuit court, to be holden thereafter, in pnrsu-
anceof this act, and shall have the same force
and effect in such circuit court, as (hey could
bave had in the disttict court to which ibey were
taken: Pnmded, That nothing in this act con-
tained shall be so construed as to require of the
judge of tbe supreme court within whose circuit
sucb district may lie, (o hold anyspecial court, or
court of admiraliy, at any other (im6 than the
legal timeforholding the circuit court of the (Jn(-
ted S[ates in and fur sucb districts.

Sec. 2. And be it Juiiher enacted, That the
clerk of such district court shall, duriuji the con-
tinuance of the disability of the district judge,
continue to ceriify as alore.'aid, all suits or ac-
tions of what nature or kind soever, which may
(hereafter be brought to such district court, and
■ be same transmit to the circuit court next ihere-
after to be holden in the same disirici; and ibe
raid circuit court shall have cognizance of the

.yGoogIc

1838

APPENDIX.

1834 •

Public Aett of Omgra$,

«tine ID like maoDer as is h»eiDbefore provided
in this acl, aod ahati proceed lo bear »oi deter-
mine the same: Provided nevertheUM, That
vfaeo the disability of the district judge sball
«ea8e or be remoTed, all suits or actions then
peodiog and aodetermined in the circuit cqutI, is
which by law the district courts have an exclu-
sive oriffiual cognizance, shall be remanded, and
ibe clerE of the said circuit coart shjil traasmit
the same, pursuant to the order of said court, with
all matters and things relaliog thereto, to the dis-
trict court nett thereafter to be faolden iu said
district, and the same proceedings shall be had
therein, in said district court, as would have been
had the satne originated or been continued in the
■aid district court.

Sec, 3, And be UfuHker enacted, That in case
of the district judge in any district being unable
to discharge his duties, as aforesaid^ the district
«lerk of such district, shdll be authorized and eiD-

tabe, dutiug such disability of the district judge.
bU examinations and depositioas of witnesses, aod
make all necessary rules and orders, preparatory
to the final hearing of all causes of adinitally aod
marilitne jurisdiciion.
Approved March 2, 1809.

An Act filrllirr to iniBiid the several acts for the es-
tablishmenl and regulatian of the TrcMur;, War,
and NsTj Dnpartmenta.

Be it enacted, fc. That all warrants drawn by
the Secretary of^thc Treasury, or of War, or of
the Havy, upon the Treasurer of ibe United
States, shall specify the jiarticular appropriation
or appropriations to which the same should be
charged: The moneys paid by virtue of such war-
rants shall, in conformity therewith, be charged
to such appropriation or appropriations, in the
books kept to the office of the Comptroller of the
Treasury; in the case of warrants drawn by the
Secretary of tbe Treasury, and in the books of
the Accountants of the War or Navy Dapartment,
respectively, in the case of warrants drawn by
the Secretary of War, or by the Secretary of the
Navy ; and the ofGcer^ agents, or other persons,
who may be receivers of public moneys, shall
tenderdistinct accounts of the application of such
moneys, according to theappropriatioa or appro-

Jriations under which tbe same shall have been
rawo, and the Secretary of War and of tbe Navy
shall, on the first day of January, in each and
every year, severally report lo Congress a distinct
account of the expenditure and application of all
such sums of money as may, prior lo the thirtieth
day of September preceding, nave been by them
reapectively drawn from the Treasury in virtue of
the appropriation law of the preceding year, and
the sums appropriated by law for each branch of
eipenditure in the several departments shall be
solely applied to the objects tor which they are
respectively appropriated, and to no other: Pro-
vided, woerthelegt. That, duriog the recess of
Congress, the President of the United States may,
. -and he is hereby authorized, oti the application of

(he Secretary of the proper department, and not
otherwise, to direct. If in his opinion necessary
for the public service, that a portion of the mon-
eys appropriated for a particular branch of ez- '
Eendiiure in that department, be applied to HQOIhar
ranch of expenditure in the same department,
in which case s sper.ial account of the moneys
thus transferred, and of their application, shall M
laid before Congress during the first week of their
next ensuing session.

Sec. 3. And be it Jurtker enacted, That it shall
be the duty of the Comptroller of the Treasury,
in everv case where in his opinion further delay*
would be injurious lo the United States, and £b
is hereby authorized, to direct the Auditor of tbe
Treasury, and the Accountants of the War and
Navy Departments, at any lime, forthwith to au-
dit and settle any particular account which the
said officers may be respectively authorized to
audit and settle, aod to report such settlement
for his revision and final decision. Aod tbe said
Comptroller shall also lay an annual ttaiement
before Congress, during tbe first week of their
session, of the accounts in the Treasury, War, or
Navy Departments, which may have remained
more than three years unsettled, or on which
balances appear to have been due more than three
years, prior to the thirtieth of September then
last past, together with a statement of the cause*
which hare prevented the settlement of the ac-
counts or the recovery of the balances due to the
United Statei.
Sec. 3. Andbe it Jitrlherenacied.ThtLties.cla-

taiv Agents, and other officers already authorized
by law, no other permanent agents sball beap*
pointed, either for the purpose of making contract*
or for tbe purchase of supplies, or for dishurso-
raent in any other manner, of moneys for the
Military Ealablishment, or of the Navy of the
United States, but such as shall be appointed by
the President of the Ujtited Stales, with tbead-
vice and consent of the Senate : Provided, That
the President may, and he is hereby authorized,
in the recess of tne Senate, to appoint all or any
of such agents, which appointments shall be tab-
mitted to the Senate at their next session, for
their advice and consent, and the President of lbs
United States is hereby authorized, until otherwise
provided by law, to fix the number and corapea-
sations of such agents : Provided, That the com-
pensation allowed to either shall not exceed one
per centum on the public moneys disbursed by
him, nor in any instance the eompensaiioB al!o«>
ed by law to the Purveyor of Public Supplies.

Sec. 4. And be it fitrlher eftaeted. That every
such Agent as may be appointed by virtue of the
next preceding section, and every Purser of the
Navy, shall give bond, with one or more suffioient
sureties, in such sums as the President of the
Uniied States may direct, for the faithful dia-
charge of the trust reposed in him ; and the Pay-
masters of tbe Army, Military Agents, the Pur-
veyor of Public Supplies, the rune rs oi the Nav*,
and the Agents appointed by virtue of the preoeo-

.yGooglc

1886

APPENDIX.

Publie Acta of C<mgrt*M.

ins Mciion, Bhall,wheneTer piicticable, keep the
paolic inoDeys Id their hanas, in some iacorpo-
laled bank, to be deaiftnaled for tbe purpose by (he
Preiideot of rfae Uniled Slaien, aad shall make
tnoDiblyreturnSjinsucb form as may be prescribed
\j tbe Treasury Deparlmenl, of tbe TDoneys re-
ceived and expended during the precrdiue month,
and of the uneipended balance id their Tiatids.

Sec. S. And be it further enacted, That all
porebaiei and cuniracis for supniiea or setvices
which are or may, avcordiofi to law, be made by
or under the direction of tiihcr the Secretary of
the Treasury, the Secretary o! War, or the Sec-
retary of the Navy, shall be made either by open
parcbase,' or by previously advertising for pro-
potals respecting the came: And bd annual siate-
meotof all i>uch coDtracIsaod purchases, and also
of the eipeodiiure of the tnonevs appropriated
for tbe coDtiDgent e xpeDses of ine Military Es-
lablishmeot, for the contingent expenses of the
Mavy of tbe Uoiied States, and the discharge of
miscellaneous claims not otherwise provided for,
and paid at the Treasury, shall be laid before
Congreiis at ihe beginning of each year, by the
Secretary of the proper departmeo I.

Approved, March 3, 1B09.

An Act mtkiog ■ fiirlber appropriation towards com-

pletiDK tlis two wingi of ths Capitol, at tbe City of

WuhiDgtoD, and for other pnipoHi.

Be a enacted, f c, That the following sums of
money be, and the same are hereby, apprupriated,
to be anplied under the direction of the President
of ibe United Stales, that Is to say :

For improvements and repairs of the House of
Representatives, fix thousand dollars:

For completing the work in the interior of the
north wing, comprising the Senate Chamber,
Court Room, dtc., twenty thousand dollars.

For completing the staircase, and providing
temporary and adequate accommodations for tbe
Library, in the room now used for that purpose,
and io tue one in which tbe Senate now nit, five
thousand dollars :

For improvemenla and repairs of the Presi-
<lem'i hoQse and square, inctudiog a carriage
hoQse, twelve thousand dollars.

Sec. 2. And be it fiirther enacted, That the
Mveral sums of money hereby appropriated shall
be paid out of any money in ine Treasury, not
otherwise appropriated.

Approved. March 3, 1609.

An Act mpidementan' Io ths act, entitlad " An act
to amend the diurter of Georgetown,"
Be it enaaed, ^c. That the following shall,
and are hereby declared to be ibe limits of George-
town, in the District of Columbia, any law or
regulation to Ihe contrary notwithstanding, that
ifl to say: beginning in the middle ot College
ctreet, as laid down and designated in Fenwick'a
map of the said town, at or near to tbe bank of the
rirer Potomac ; thence, by a straight line drawn
■onbeTDljrtbtoiigh the middle of said street, to the

middle of First street : thence by a line drawn
through the middle of First street to a point di-
-cctly opposite to the termination of the eastern
ine of the lots now enclosed as the property of
the College ; thence northernly by the easiera
ne of said eoclosure as far as the same extends;
lence in the same northernly direction to the
liddle of Fourth street ; thence eaalwardly by «
ne drawn along the middle of Fourth street to
point at the distance of one hundred and twenty
feet weFlward from the west sideof Fayette iireet;
thence northernly by a line drawn parallel to Pay-
ette street, at the said distance of one hundred and
twenty feet westward from the west nide Ibereof.
until It intersects a boundary line of Beatiy and
Hawkins'sadditioti Io Georgetown j theocewest-
wardly by said boundary line as farai it extendi;
thence by the courses and distaucec of ibe ter-
eral other boundary lines of Beatiy and Hawkio^a
addition aforesaid, that is to say : wesiwardly,
DOrthwirdl]^, easlwardly, and southwardly, to a
point opposite to the middle of Road street, and
onposiie or nearly opposite lo the middle of
Bighth street ; thence easiwardly by a line drawn
through the middle of Road street, as it now
runs, and aa far as it extends ; thence eastw«rdly
by a line drawn parallel to Back street, and con-
tinued in the same direction to the middle of
Rock creek; theuce by the middle of the same
creek, and the middle of Potomac rirer. to a point
directly opposite to tbe middle of College street,
aforesaid : ihence (o the place of beginning.

Sec. 2. And be U further enacted. Thai the
Corporation of Georgetown be, and they are
hereby, authorized and directed to cause a com-
plete and accurate survey to be made of tbe
said (own, agreeably to the courses and limits pre-
scribed in the preceding section of this act, and
to establish and fix, frnm time to time, permanent
boundaries at such places as they may deem ne-
cessary and proper (or perpeiuaiiog the bounda-
ries of the said town, and after said surrey shall
bavc been so made, and approved by the Corpor-
ation, the same shall be admitted to record in the
clerk's office for the county of Washington, in ibtt
District of Columbia.

Sec. 3. And be it fwiher enacted. That all the
rights, powers and privileges heretofore granted
to the said Corporation by the General Assembly
of Maryland, and by the act to which this is a
lupplemeui, and which are at this time claimed
and exercised by tbem, shall be and remain in
full force and effect, and may and shall be exer-
cised and enjoyed by them within the bounds
and limits aet forth and described in the first sec-
tion of this act.

Sbc. 4. And be it further enacted, That the
said corporation shall have power to lay out,
open, extend, and regulate streets, lanes, and al-
leys within the limits of the town, as before de-
scribed, under the following regulations, that is lo
say: the mayor of the town shall summon twelve
freeholders, iohabitants of the town, not directly
interested in the premises, who, being first sworn
to assess and value what damages would be sus-
tained by any person ot persons by reason of the

.yGoogIc

APPENDIX.

Public Ada of Congregg.

opening or extendiog aaj street, lane, or alley,
(taking^ all beoefils and tncooveniences inio con-
sideration,) shall proceed to asxesi what damages
\rouId be sustained by any person or persons
'whomsoever, by reason of such opening or exten-
sioD of tbe street, and shall also declare to what
amoaiil initiooey each individual beneSled ibeie-
by shall contribute and pay towards compensat-
iDg ihe person or persons injured by reason of
■uch opening and ezleasioa; and the names of
the person or persons so benefited, and ihe sums
which they shall respectively be obliged Co pay,
ahmll be returned under their bands and seals to
ibe clerk of tbe corporation, to be filed and kept
in his ofGce) and (he person or persons benefited
by opening or extending any street, and assessed
as aforesaid, shall respectivelv pay the sums of
money so charged and assessed to them, with in-
terest ihereon at the rale of six per cent, per an-
num, from the time limited for the payment there-
of, until paid ; and the sums of money assessed
and charged in manner aforesaid to escn individ-
ual benefited in manner aforesaid, shall be a lien
upon and bind alt the properly so benefited, lo the
full amount thereof: Prooided alvHzys, That no
street, lane, or alley, shall be laid out, opened, or
extended, until the damages assessed to individ-
uals in consequence thereof shall have been paid,
or secured to be paid: And provided, alio, That
nothing in this act contained shall be so construed
or understood as to authorize the Corporation of
Georgetonn 10 locate, lay out. or open any street,
lane, alley, or other way, through any of tbe
sqoaresor lots siiunied in that part of Tbomas
Beall'a second addition to Qeorgeiown, which
lieii north of Back street, without the consent
and permission of the owner or proprietor of
such square or lot, (irsl bad and obtained in writ-
ing, which consent and permission shall be ac-
knowledged in the presence of, and such acknowl-
edgment certified by the mayor of Ihe town afore-
said, or some justice of the peace for the county
of Washington.

Sec. 5. And be it/arther enacted. That the

Recorder of Ihe Corporation shall he, and he is

hereby declared to be, a member of the Board of

Aldermen, to all intents and purposes whatsoerer.

Approved, March 3, 1809.

JLn Act to authoriM th« making of ■ turnpike road
from MHon'i CaUKway to Alexandria.
Be H enacted, ^c, That John Mason, Daviil
Wiley, Henry Fozall, John Cox, and John W.
Bronaugh, be, and they are hereby appointed and
eonsliluled a Board of Commissioners, a majority
of whom to constitute a quorum, with full power
to receive and enter in such book or books as they
may deem proper, by themselves or by their
agents, subscriptions for raising a capital stock of
tweoiy thousand dollars, in shares of one hundred
dollars each, for the purpose of opening, gravel-
ling, and improving, a road from the west end of
Mason's causeway to Alexandria, in tbe Distiici
of Columbia; the times, places, and manner of re-
eeiving and entering subscriptions, and the man-

ner of aulhenticaling powers of attorney, or other
instruments of wriiing authorizing subscriptions-
to be made by any person or persons, in the name
of any other person or persons, to be ascertained^
by said Board of Commissioners, and duly adver-
tised in such gazelles or public prints as tbey
may deem expedient : Provided, Thai the book*
for receiving and entering subscriptions ihall be
opened on or before the first day of May nexl^.
and that no subscription shall be received unless
the Kum of ten dollars be first paid inin the hand»
of such agent or other person as said Commis-
sioners may authorize lo receive it.

Sec. 2. And be it further enacted. That when
any number of persons shall have subscribed one
hundred and fifty shares, or more, of the said
stock, the said Commissioners, or a majority of
them, may, and, when the whole number of sharei
aforesaiJ sikall he subscribed, shall give notice, in
some newspaper primed in [he District of Co-
lumbia, of a lime .and place to be by them ap-
pointed for tbe subscribers to proceed lo organize
the said corporation, at which lime and place tbe
said subscribers, by a majority of votes, to be de-
livered by ballots in person, or by proxy duly
authorized, shall elect one president and four
directors, lo conduct the business of said com-
pany for one year, and until other such officers
shall be chosen in their place, and may make such
rules, orders, and regnlalions, nol inconsistent
with the Constitution and laws of the United
Slates, as shall be necessary for ibe well-being of
the afiairs of said company: Pnmdtd, alvxtj/i,
That no stockholder shall, in person or by proxy,
have more than ten voles at any election, or lu
deierminingany question arising at such meeling,
whatever number of shares he or she may hold;
and each stockholder, in person or by proxy, shall
be entitled lo one vote for every share by nim or
her held under said number ; and all persons who
may then be, or thereafter may become, ihe ac-
tual holders or proprietors of shares in the said
capital slock, either as subscribers for the same,
or as the legal representatives, successors, or as-
signees, of such subscribers, shall become one
body politic and corporate, in deed and in law,
by the name and slyleof the President, Directors,
and Company, of the Georgetown and Alexan-
dria Turnpike Road, and by the said name shall
have perpetual succession, and all the privileges
incident to a corporation, and shall be capable of
taking and holding iheir said capital stock, and
the increase and profits thereof, and of enlarging
the same by new subscriptions, if such enlarge-
ment shall be found necessary, to fulfil the inlent
of [his act, and of purchasing, taking, and hold-
ing, to them, and their successors, and assigns, in
fee-simple, or for any lesser estate, all such lands.
tenements, hereditaments, and estate, real and
persinal, as shall be necessary or useful to them
in the prosecution of iheir works, and of suing
and beiog sued, of having a common deal, the
same breaking and altering at pleasure^and of
doin^all and every oihet matter and thing con-
cerning tbe subject aforesaid, which a corporation
or body politic may lawfully do.

.yGoogIc

183d

APPENDIX.

Public Act* of OmgnM.

Sbo. 3. And be itjvrther enacted, That the
•aid compRDy shill meet dd ihe Srsi Monday in
February, in every year, it *uch place as shall be
' fixed bv (heir by-laws, for the purpose of cbooa-
' ing luch officer* as BforeEaid Tor the ensuing year,
in manner aforesaid, and at such other timet at
they shall be Kummoned br the preKident and
' directors aforesaid; at which aonual or special
' aaeeiingalhey shall hare full power and authoriiy
'to do and perform any act by laur allowed, nod
pertaining to the affairs of »id compacy.

Sec. 4. And be it further enacted, Tbai the
president and directors shall procure printed cer-
tificates for all (he shares of raid stock, and >ihaU
deliver one such certificate, signed by the presi-
deni, to each person for every share by him ot
her subscribed and held, which certificate shall be
transferable a( bin or her pleasure, in person,
by attorney, in the presence of the president
treasurer, subject however to all payments due, or
to grow due thereupon; and the assignee holding
such ceriiGca(e, having caused the assignroen( Ic
be entered in a book of the company, to be kepi
for that purpose, iibal] be a member of said com-
pany, and for erery cercificale by him held, shall
be entitled to one share in the capital stock and
estate of said company; and if any alockholder
after thirty days' notice in a public paper prinlei
in each of the towns of Alexandria and George
town, of the lime and place appointed for ihi
payment of any portion or dividend of the sua
Bubseribed in said slock, shall neglect to pay th<
same for the inace of thirty days after the limi
10 appointed, Ine share or shares nn which such
delinquency has taken place shall be forfeited to
the said company, and may be sold by them to
any person, or persons, willing to purchase, for
such price as can be obtained, and in case such
ahare or shares should not, on a sale so to be made.
produce a net sum equal to the portion or di'
dends then remaining to be paid (hereon, su
deficiency may be recovered of^ihe person or pi
sons, so failing to pay, by warrant from a jusii>.i>
of the peace, if the amount shall not exceed
twenty dollars, and if (he sum so due shall exceed
twenty dollars, the same may be recovered by
motion, in the name of the said company, on ten
days' notice, in anv court of record io the county
or district where tne debtor may be found; and
in all ^uch warrants and motions the certificate of
the clerk or recording officer of the said com-
pany shall be conclusive evidence of the defend-
ant's beiug a member of (he company, and prima
facie evidence of (he amount due on the share or
shares held by such defendant.

Sec. 5. And be U further enacted, That (he
said president and directors shall meet at such
limes and places as shall be agreed upon for tran-
Mctiag their business; at which meetings any
three toembers shall form a quorum, who, in the
absence of the president, may choose a chairman,
and shall keep minutes of all their transactions,
fairly entered in a book; and a quorum being
met, (bey shall have full power and authority (o

aipoint a treasurer, and agree with and appoin(
t such surveyors, tQienaants, artists, or other

.eir salaries,
wages, or compensaiion ; to direct and order (he
(imes, manner, and proportions, when and in
which the stockholders shall pay moneys doe on
(heir respective shares; to draw orders on ibe
treasurer for all moneys due from the said com*
|uny, and generally to do and transact all sucb
other matters, acts, and things, as by the by-laws,
ruleSj and regulations, of said company, f'hall be
required or permi((ed.

Sec. C. And be it further enacted, That (he
said president and directors shall cause to be sur-
veyed, laid down, ascertained and fixed, the said
turnpike road, from (he west end of Mason's
causeway, and passing near to the head of toe
tidewater of Four Mile Run, at a place called
Adam's Mill, and (hence to the limits of Alcsan-
dria. la such route or (rack for the same, as in
(be best of their judgment and skill will combine
shortness of distance with the most coDvenient
ground, and (he smallest expendi(ure of money ;
, and it shall be lawful (o and for the said presi-
' dent and direc(ors, their surveyors and agents, lo
enter upon all and every the lands and enclosures
in, through, and over which the said (urupik<
road may bethought proper to pass, and to ez-
aniioe (he ground most proper lor the purpose,
and (he quarries and beds of stone, and grave],
and other roa(erials in the vicinity, thai will be
useful in making the said road : Pnmded, That
the said toad shall not be so laid out as to inter-
sect the road laid out and established by the
Washington and Alexandria turnpike company,
without (he consent of the said company.

Sec. 7. And be it further enacted, ThaiitsbaJI
and may be lawful to and for the president and
directors, by and wiih their supen'oiendeDts, art-
ists and laborers, with their tools and Instnimenu,
with carts, wagons, and other carriages, and
beasts of draught or burden, to enter upon the lands
io, over, or near (u which (he route ot tract of the
said intended road .shall pass, first giving notice
of their iolcniion to ibe owners ihareof. or their
representatives, and doing as little damage (here-
to as possible, and repairing any breaches they
may make in the enclosures thereof, and making
amends for any damages (ha( may be done, by a
reasonable agreeraenl, if they can agree; but if
they cannot agree, (hen by appraisemen(, to be
made upon oath or affirmation, by three indiffer-
ent freeholders, or any two of them agreeing, to
be mutually chosen, or if (hey cannot agree lo a
choice, or if the owners upon due notice shaU
negleci or refuse (o join in (he choice, (bea to be
appointed by one of the judges of the eireuil
court of the District ofCulumbia; and, baring
tendered the appraijed value so as aforesaid to be
made, it shall be lawful to cut, dig, uke, and
carry awayany logs, stone, era v el, sand, or earth,
most conveniently situate lor making or repair-
ing said road ; and It shall and may be lawful for
the said president and directors, or a majority of
(hem, lo agree wi(h (he owners of any ground to
be occupied by the road, and (he necessary lotl-
bouses, and gaics, for the right thereof; and in

.yGoogIc

1811

APPBNDIX.

Public Act* o/* Congrei

1842

in case ihp ownrr therebf

icder age, non cnmpos, or

on Bppiicaiion lo one of Ibe

circuit court, the said judge

saue B wmrraal, directed to the marshal of

sirict, to siitnmoD a jury Drtwemy-four in-

□ Is of the District ot Columbia, of property

case o( disagreeniGDi
shkll be a fetoe coTe:
oat of the district,
judges of tbi
shall is=<ue a
the di:
babita

aod reputation, Dot related to tbe psrti
anv maoDer mlerested, to meet on the laod to be
valued, at a day lo be expressed iu the warrant,
not leas than ten, nor tnure thaii twenty, there-
after j and tbe marshal, upon reeeiTing- the said
warrant, shall forthwiih summon ibe said jury,
and when met, provided there be not less I ha u
twelve, shall administer an oath or
every juryman tbal shall appear, that be shall
faithfully, justly, and Impaiiially, value [he landi
and all damages tbe owner thereof shall sustain,
by opening the road througti such land, accordiag
to tbe best of bis skill and judgmeoi. and that tbe
inquisition ibereupon taken, shal] be aigoed by
tbe marshal and by the jurymen present, and
turned by the marshal lo the clerk of tbe couc
to be by him recorded; and upon every such'
valuation, tbe jury is hereby directed to describe
and ascertain the bouods of the lend by them
valued ; and their valuation shal! be conclusive
upon all persons, and shall be paid by the presi-
dent and directors to tbe owner of the land or his
or her legal representative, and on payment there-
of, said land ahall be taken and occupied for a
public road and for the necessary toll-bouses and
gates, forever. Tbe said president and directors
shall cause the said road to belaid out, not exceed-
ing eighty feet in width, twenty-four feel whereof
in breadth, at least, ahall be made an artificial
road of ston«, gravel, or other hard substance, of
sufficient depth or thickness to secure a solid and
firm road, with a surface as even as the materials
will admit^ aod so nearly level as that it shall
-D place rise or fall more than an angl(

degrees with a horizontal line ;

d tbe SI

of four

pbtBton, chariot, coach, cart, wagon, sleigh, sled,
01 any carriage of burden or pleasure, from past-
ing througb tbe Kaid gates, until ibe aaid lolls
shall be paid, that is to say; for the whole distance
in length of said road, and so in proportion for
any lesser distance, viz: for every score of sheep,
eight cents; for every score of hogs, eight cents j
far every score of cattle, sixteen cents; for every
horse or mule with or without a rider, four cents;
for every sulkey, chair, chaise, or carriage of
pleasure, with two wheels aod one horse, eight
cents; for every coach, chariot, stage-wagon,
coacbee, phtBton, or chaise, with four wheeU and
two horses, sixteen cents; for any carriage last
mentioned wiib four horses, twenty cents; for
every other cajriage of pleasure, under whatever
name it may go. the like sums, according to the
number of wheels and horses in proportion afore-
said ; for every sled or sleisb used as a carriage of
pleasure, siiceuii for each norsedrawiogihesame;
for every sled or sleigh used as a carriage of bur-
den, four cents for each horse drawing tbe same;
for every cart or wagon whose wheels do qdI
exceed four inches in breadth, dve cents for each
horse drawing the same; for every cart or wag-
on whose wheels shall exceed in breadth four
inches, and not exceed seven inches, three centa
for every horse drawing the same; lor every cart
wagon, the breadth of whose wheels shall be
ire than seven inches, and not more than ten
:heE, two cents for every horse drawina; the
ne; for every cart or wagon, Ihe breadth of
whose wheels shall be more than ten inches, and
t exceed twelve inches, one and a half cents
every horse drawing tbe same; and that all
:h carriages as aforciaid, to be drawn by oxen
in the whole or partly by oxen, or to be drawn
by mules in whole or part, two oxen shall be esti-
mated as equal to one horse in charging all the
foresaid tolls, and every mule as equal to one
boise: Prooided, That no turnpike gate shall be-

■ball forever hereafter be maintained and kept
good and perfect repair ; and wheresoever a
bridge over any part of the said road shall
deemed necessary, [hesame shall be built of sound
and suitable materials.

Sbc. a. And be it farther enacted, That
soon as the president and directors shall have

Grfected the said road from tbe west end of
ason's causeway to Alexandria, and in the
route aforesaid, iney shall jgive public notice
thereof in some newspaner printed in tbe District
of Columbia, and it snail be lawful for tbem
ibtt'eaf^ef to erect and fix such and so many
gates or turnpikes, not exceeding three, upon and
across tbe said road, as shall be necessary and
sufficient to collect the lolls hereinafter granted
lo the said company, and it shall be lawful for
them to appoint such, and so many tull-gaiherers
as they shiill deem necessary to collect and re-
ceive, of and from all and every person and per-
son* using the said road, the tolls and rates here-
inafter mentioned, and lo stop any person or
persons, ridiag. leading, or dj-iving any horses,
mutes, caiUe, hogs, sheep, sulkey, chair, chaise.

erected witbin one mile of the line of tbe Ic

a of

Alexandria.

Sec. 9. And be it further enacted. That it shall
be lawful for the said president and direclois, by
their by-laws, to make any rule or regulation re-
specting the burdens on carriages to be drawn
over the said road, which shall be deemed rea-
sonable and proper, and fram lime to time to alter
tbe same; and the said president and directors
shall cause mile stones to be placed on tbe side of
said road, noting (be distance from tbe north
bounds of Alexandria, and at every gate or tura-

Eike shall cause the distance from tbe north
□unds of Alexandria, and the distance from the
west end of Mason's causeway,. to be marked in
legible characters on some conspicuous part of
said gate; and shall cause, also, to be affixed at
such places a printed list of the tolls, which may
be demanded of those Using the said road ; and
for every day the sama shall be neglected, tbev
shall forfeit and pay one dollar, to be recovered
by warrant, by any person who shall sue for the

ime: all wagoners and drivers of all kinds.

hether of burden or pleasure, using ihe said
road. shaU, except when passing by another cat-

.yGooglc

184S

1844

Ptdttie Ada of Congrat.

ria^ of alower draagbt going in ihe •amedireetioD,
keep their horses ind cnrringe on the riglit haod
tide oflbi' said road, learing the other side of
the road etear aod free for other carriages to pass
and repaii; and if an; driver sbatl offend against
tbis proTiiion, he ihill farfeit and paf two dollars
to anf person obstructed in his paisa^, who shall
mt for the same, to be recorered, with costs, be-
fore any justice odht peace, in the same maDner
as small debls are recoverable; and moreover,
abtll be liable to ihe parly injured, by suit ai
cotnmon law, for any special damage done.
Sec. 10. And be tt further enacted, That the

E resident and directors of the said company ■hall
eep, or cause to be kepi, fair and iusi accounts
of ftll moneys to be received by tnem from the
Mid commissioners, and from thestoekbolden, or
subscribers to the sard undertaking, on account of
their Kererat subscriptions or shares, and of all
moneys by them to be expended in the prosecu-
tion of their said work, and thill once, at least, in
erery year, submit such accounis to a general
meeting of the stockholders nntil the sard road
shall be completed, and until all the costs, charges,
and expenses, of effecting the same shnll be fully
liquidated, paid, and discharged; and ir,nponBUan
liauidaiioD, or whenever the whole capital slock
of the said company shall be nearly expended, it
thall be found that the said capital stock will not
be snfEicient to complete ibe said road, accordini
to ibe true intent and meaning of this act, ii shall
and may be lawful for the said siockbolders i
convened according to the provisioDs of thi:
or their own by-laws and rules, to increase the'
number of shares to such extent as shall beneees-
taty to accomplish the work, and to demand and
receive the moneys sabscribed for such shares, in
like manner and under the like penalties, as are
hereinbefore provided for the originnl subscrip-
tions, or as shall be provided by their by-laws.

Sec. 11. And be tt further enacted, That the
said president and directors shall also keep, or
cause to be kepi, jusl and true accounts of all the
moneys to be received by their several collectors
of tolls at the turnpike gates on the said road, and
shall make and declare a half yearly dividend of
the clear profits and income thereof, all contin-
gent costs and charges being first deducted, among
all the holders of said slock, and shall publish the
half-yearly dividend aforesaid in some newEpa'
per printed in the District of Columbia, and at
the time and place when and where the same will
be paid, and shall cause the same to be paid ac-
cord ingly.

3bc. 12. ilRd&eit/M^fter enacted, That it shall
be the dut^ of the said corporation to keep the
said road in good repair; and if, in neglect of
their said duty, the said corporation shell at any
time suffer the said ropd to be oat of repair, so as
to be unsafe or inconvenient for passengers, the
said corporation shall be liable to be presented for
such neglect before any court of competent juris-
diction, and upon eonviciion thereof, to pay to
the United States a penalty not exceeding one
hundred dollars, at tbe discretion of the court,
and shall also be respotisible for all damages which

may be soscained by any person or persons in con-
seqncnceof such want of repair, to ne recovered in
an action of irespass on the case in any court
competent to try the same: Provided always,
and be it further enacted, Thai whenever the net
proceeds of tolls collected on said road shall
nt 10 a sura sufficient to reimburse ihe capi-
'hich shall be expended iu the purchase of
shid land and making said road, and twelve per
cent, interest per annum thereon, to be ascertained
by the circuit court of the United States, in and
for the District of Columbia, in the county of
Alexandria, the same shall become a free road,
and toll shall be no loog-er collected thereon ; and
said company shall annually make returns lo said
circuit court of ihe amount of lolls collected, and
of their necessary expenses, so as to enable said
circuit court to determine when said toll shall
cease.

Sec. 13. And be it further enacted. That if
any person or persons, riding in, or driring any
carriage of any kind, or leading, riding or driving
any hories, sheep, hogs, or any kind of cattle
whatever, on said road, sball pass through any
private gate, bars or fence, or over any private
way or passage, or pass through any toll-gate un*
der any pretended privilege or exeiDption, to
which DC or she, or they, may not be entitled, or
do any act or thing with inlenl to lessen or evade
the tolls for passing through the gales established
under this act, such person or persons, for every
such offence, sball forfeit to ihe said president
and directors, not less than three, nor more than
ten dollars, to be recovered before any justice of
the peace, with costs, in Ihe same manner that
smart debts are recoverable: Provided, Tbat it
ihall not be lawful for the company to ask, de-
nand, or receive from or for persons living on or
idJBcent to the said road, who may have occa-
lioD to pass by said road opon the ordinary busi-
less relating to their farms, so far as the limits
Df the same may extend oo the road, who shall
not have any oihcr convenient road or way by
which they may pass from one pan to another
part thereof, any toll for passing on ot by th*
said turnpike.
Approved, March 3, 1809.

An Act sathoriiiDg an angmentatiDn of the Maiiaa

eted, fc. That the President of tbe
w shall be, and he is hereby, authop-

Be it enacted, i
United Stales si

ized to cause the Marine Corps, in the service
of the United Stales, lo be augmEtited, by the
appointment and enlistment of not exceeding
one major, two captains, two first lieoienants,
one hundred and eighty-five corporals, and fivB
hundred and niaety-iour privates, who shall be
respectively allowed tbe same pay. bounty, cloth-
ing, and rations, and shall be employed andcr
the same rules and regulations lo wbich the
said Marine Corps are, or aball be, entitled and

Ssc.2. And be it Jvrther enacUd. Tba^from
and after the passage of this act, all eoUstmenu

.yGoogIc

1846

APPENDIX.

1845

PvbRc Acta of CmtgTtit.

in the MJd eorpi shall be for the lerm of fi*e
years, unless sooner discharged, any Uw lo Ihe
coDlTBry DOtwithstaDding.
Approved, March 3, 1809.

An Act mpplemental to tho act, entittod " An act for
MUblnbiDg tradiog-hooew with the Indian tnbeii."

Be it enacted, <fc., That a stim, doI exceeding
forty thousand dollars, in additioo to ihe sum
heretofore appropriated for the purpose of carry-
ing on trade and InCercourBe with the Indian na-
tions, in the manner prescribed by the act, en-
titled "An act for establishing trading-hoaiies
with tb« Indian tribes,"be,aDd the same is hereby,
appropriated, to be paid out of any tnoneys in the
Treasury of the United States, not otherwise ap-
propriated.

Sbc. 2. And be it Jiirlher enacted, That the
sum of eight hundred dollars be, and the aame is
hereby, appropriated out of any moneys in the
Treasury of the United Slates not otherwise ap-
propriated, for an additional clerk in the office of
Ihe Superintendent of Indian trade.

Sec. 3. And be il fitrther enacted. That the
proviso lo the twelfth section of the act, entitled
"An act for establishing tradiog-houses with ibe
Indian tribes," be, and the same is hereby, re-
pealed.

^Ec.i. And be it further enacted, Thattheact
to which this is a supplement, and also this act,
shall, from and after ine twency-first day of April
nest, commence and be continued in force for
and during iheterm of three years, and no longer.

Approved, March 3, 1809.

An Ant making sppropriationa for the aupport of the
Mililan EeUbluhment, and of the Navy of the
United Stales, for the year oue thoosand eight hun-
dred and nine.

Be it enactetl, ^c, Tbat, for defraying the ex-
pense of the Military Bstablishment of the Uni-
ted Stales for the vear one thousand eight hun-
dred and nine, for tne Indian department, and for
the expense of foTtiG cations, arsenals, ma '
and armories, ihe followingsumsbe, and t
hereby are, respectively appropriated, thai laiuuf.

For the pay of ihe Army of the United States,
eight hundred and sixty-eight thotisand '
dted and forty dollars.

For forage, sixty-four thousand six hundred
and twenty-four dollars.

For subsisteoEe, six hundred and forty-one
thousand two hundred and twenly- eight dollars
and thirty-five cents.

For clotbiog, two hundred and nineiy-lhree
thousand two hundred and sixly-four dollars.

For bounties and premiums, fifteen thousand
doUara.

For the medical and bospiial depBrlmenu,
forty-five thousand dollars.

Fur camp equipage, fuel, tools, and transporta-
tion, two hundrea and seventy thousand doliarr.

For ordnance, seventy-five thonsand dollars.

For purchasing horses, saddles, and bridles, for
Ibe ligbl dragoons, and for the light artillery,

fiiW-one thousand seven hundred and twenty
■jliars.

For forage for the horses for the regimenl of
light artillery, ten thousand eight hundred dollars.

For fortifications, arseoals. magazines, and

mories, two hundred and nineteen thousand
and thirty-four dollars and sevenly-five cents.

For purchasing maps, plans, books, and instru-

ents, [WO thousand five hundred dollars.

For contingencies, fifty thousand dollars.

For the salary of clerks employed in the mili-
tary agents' offices, and in the office of inspector
of the army, three thousand five hundred dollars.

For the Indian department, one bund ted and
twenty-five ifaonsand six hundred dollars.

For the purpose of paying James Powell, late
Collector of Savannah, the amount of moneys
advanced by him lo Solomon Ellis, conlractor
for supplying rations to the troops of the United
States, in the Slate of Georgia, including a com-
mission of two per centum to the collector,
twenty-seven thousand six hundred and twenty-
one dollars and eight cents.

For the purpose of paying Ferdinand Phinizy,
laie contractor for supplying the troops in Qeor-
gia, a balance doe to him as admitted by the
ComptrolleT of Ihe Treasury, on the iwenty-
fourid of July, one thousand seven hundred and
ninety-nine, one thousand three hundred and
ninety-three dollars and thirty-nine cents.

Sec. 2. And be it further enacted. Tbal, for
defraying the expenses of the Navy of^the United
States, during the year ooe thousand eight hun-
dred and nine, the following sums, including
Iheiein the sum of four hundred thousand dollars

naval force," ibe following sums be, and the
same are hereby, respectively appropriated, that
is to say:

For the pay and subsistence of the officers, and
pay of the seamen, one million three hundred and
twenty-three ibousand and seventy-seven dollars.

For provisions, five hundred and sixtv-sevea
thousand seven hundred and sixty-five dollars.

For medicines, instruments, and hospital stores,
thirty-five thousand dollars.

For repairs of vessels, four hundred and forty-
five thousand dollars.

For freight, store rent, commissions to agents,
and other contingent expenses, one hundred ana
fifty thousand dollars.

For pay and subsistence of ihe Marine Corps,
including provisions for iboseon shore, and forage
for the staff, ooe hundred and ibiriy-five thou-
sand six hundred and forty-seven dollars and
seventy cents.

For elothiog for the same, thirty-two thousaoi
nine hundred and thirty-three dollars and eighty

For military stores for the same, one thousand
three hundred and Gfiy-fuur dollars.

For medicines, medical services, hospital stores,
and all other expenses on account of the sick be-
loDglDglotheMariae Corps, two thousand dollars.

For quartermaster's and barrack master's stores,

.yGoogIc

1847

APPENDIX

1848

PubHc Act* <^ Cmgntf.

officer'! IrBvelliDg expenaei, ■rmorer't aod
peDieri' bills, TupI^ premiumi for enlisiioe. o
cal instrumeiiti, biounty to music, ■nd otber cod-

tiogeDi ezpenies of toe MRrine Corpt, foui
thouHnd ODe hundred and tweoty-Qie dollan.

For the expense of nary yards, comprising
doclc and other im proven) en Is, pay of tupr>rin-
tendeots. ; lure keepers, clerks, ana laborers, tixty
thousand dollars.

For ordnance and amall arma, one hundred and
filYj thousand doll&rs.

Sec. 3. And he it fitrthtr enacted, That the
•CTcral sums speciBcslly appropriated by this act,
shall be paid out or any moneys in the Treaaury,
DOl otherwise appropriated.

Approved, March 3, 1809.

An Act concemioK Imalid
Be U enacted, fc, That the Secretary of War
be, and he is hereby, directed to place the follow-
JDff named persona, whose claims have been trans-
tniiied lo Cangre"9, pursuant to a law passed the
tenth of April, one tbousand eight hundred and
the ji^EDsioD list of ioTBlid pensioners of

I the I

s of t-

> dollars and

fifty cents per month, to coramenee on the first day
of June, one thousand eight hand red and seven.

Hezekiah Bawiell. at the rate of two dollars
and fifty cents per month, to commence on the
tiveniv-eigbtb day nf September, one thousand
«ight bundred and eight,

Amos Spafibrd. at the rate of three dollan
ihirly-three and ooc'lhird eeals per monUi, to
commence on the tweniy-ihird day of October,
one thousand eight hundred and eignt.

Josiab Temple, at the rate of two dollars per
month, to commence on the fifteenth day of
April, ODe thousand eight hundred and eiaht.

Isaac Abbott, at the rate of eight dollars per
month, to commence on the Dineteenth dar of
Pfovember. one thousand eight bundred and eight.

Thaddeus Waugh, at theirs te of five dollars per
month, to commence on the thirty-first day of
May, one thousand eight hundred and eight.

Jo«l Hinman, at the rale 'of five dollars per
month, lo commence on the eighth day of June,
one thousand eight hundred and eight.

David Penilleloii, at ibe rate of fire dollars per
month, to commence on the twentieth day of
May, one thousand eight hundred and eight.

Eiiphalet Sherwood, at the rate of two dollars
and ufiy cents per taonth, to commeooe on the
twentieth day of May, one thousand eight hun-
'died and eight.

Daniel Treadwell, at the rate of four dollars

Gr month, lo commence on the twentieth day of
ar, one thousand eight bundred and eight,
ObadiBb Perkins, at the rate of eight dollars
per inontha, to commence the eighteenth day of
rIo*ember,ooe thousand eight hundred and eight.
John Daboll, al the rate of sixty-two and one-
Jialf cents per month, lo commence on the eigh-

teenih day of November, one tbooMnd eigkt
hundred and eight.

Gideon Edwards, at the rate of five doHara pet
month, lo commence on the aeveateeoth day of
December, one thousand eight hundred and eight.

Elijah Sheldon, al the rate of two dolJaraand
fifty cents per month, to commence on ibe aine-
teenlh day of December, one thousand eight
hundred and eight.

Nathaniel Church, at the rate of two doUan
and fifty cents per month, to commence on the
thirtieth day of December, one thousand eight
bundred and eiffht.

Richard Metlen, al the rate of fire dollars per
month, to eommence on the ninth day of Novem-
ber, one thousand eight hundred and eight.

Elisba Prior, at the rale of three dtJIars and
seventy-five cents per month, to commence od
the Ihiiteenlh day of December, one thousand
eight hundred and eight.

John Cramer, at the rate of two dollais and
fifty cents permouth, to commence on the twenty-
fifth day of April, one thousand eight hundred
and eight.

James Philips, at the rate of two dollars and
fifty cents per month, to commence on the nine-
teenth day of April, one thousand eight hundred
and eight.

John Walsh, at the rate of two dollanaod fiftf
ceotspermontn, to commence on tbeejgbthday of
September, one thousand eight hundred and eight.

Samuel Lindsley, at the rate of three dollars
and seventy-five cents per mouth, to commence
on the thirty-first day uf October, one thousand
eight hundred and eight.

John Fergus, at the rate of two dollars per
month, to commence on the tweoiieih day of
October, one thousand eight bnadted and eight.

Joaepn Blliol, at the rate of three dollars and
thirty-three and one-third cents per nootti, to
commence on the twenty-firat day of April, one
thousand eight hundred and eight.

Jamea Correar, at the rale of two dollars and
fifty cents per month, lo commence ou the twea*
ty-Sftb day of November, one thoosand eight
hundred and eight,

John Smith, at the rale of two dollar* and
fifty cents per month, to commence on the tweo-
ty-Bevemb day of January, one ibouiaod eight
hundred and eight.

Joseph White, at the rate of three dollars and
seventy-five cenia per month, to commence on
the twcnly-secODd day of February, one thonsaad
eight bundred and eight.

Edward Tuck, at the rale of three dollars per
month, to commence on the second day of Janu-
ary, one thousand eight bundred and eighL

Evan Ragland, at the rate of three doUara per
month, to commence on the aeventh day of Jan-
uary, one thousand eight hundred and eight.

John Crute, at the rale of thirteen dollars pet
month, to commence on the twenty -eighth day of
September, one thousand eight btiodred aitd eight.

William Evans, at the rate of eight dollan per
month, to commeoee on the twenty-firet day of
November, one ihonsand eight hondjed andei^t.

.y, Google

APPENDIX

Public Acte qf Congrtf.

1856

John Carmlchael, ti the rale of fire dolUrt per
DioDth, lo commeoce on the firsi daf of Dacem-
ber. one Ihoasand eight hundred and eight.

Benjamin Vickery, at the rate of three dollarE
per month, to comtneoce OD the fourieeoth day
of June, one ihousaad eight hundred and eight.

Joibua Hawkins, al the laie of three dollars
per month, to commence on (he twenty-fifth day
of March, one thousand eight hundred and eight.

Joieph McJunkin, at the rate of twelve dolUrs
per month, to commence oo the eighteenth day
of October, one ihousaod eight hundred and eisht.

Samuel Olterson, at the rale of eight dollars
per month, to commence on the sixth da^ of Oc
lober. one thousand eight hundred and eight.

William Garr, at the rate of two dollars and
fifty cents Iper month, lo commence on the twen-
ty-eighth day of Match, oae thousand eigbt ban-
died and eight.

Jonathan Tinsley,at theraleof fire doUars per
month, (o commence on the twenty-third day of
September, one thousand eigbt hundred and eight.

James Oallespie, at the rate of four dollars per
month, to coomience on the eigbteenth day of
June, one thousand eight hundred and eieht.

Christian Smith, at' the rate of five dollars per
month, to comtDence on the fifth day of NoTem-
ber, one thousand eight hundred and eight.

Bartholomew Berry, at the rate of fire dollars
per month, to commence on the seventh day of
November, one thousand eight hundred and eigliL

John Robert Shaw, at the rate of five dollars
per month, to commence on the twelfth day of
October, one thousand eight hundred and eight.

Samuel Burton, at the rate of two dollars and
Gfty cents per month, lo commence on the twen-
ty-ninth day of December, one thousand eight
hundred and eii[ht.

Nathaniel Hewitt, at the rate of three dollars
and seventy-five cents per month, to conmeoce
on the fifth of January, one thousand eight hun-
dred and nine.

Jacob Redenour, at the rate of fire dollars per
month, to commence on the tenth daf of April,
one EhoQBBnd eigbt hundred and six.

William Keough, at tbe rate of five dollars per
moDtb, to commence on tbe twcnty-tbiid day of
January, one thousand eight hundred and nine.

Iwiah Corben, at the rate of two dollars and
fifty cents per month, to com thence onthe thiriy-
flrst day of October,.onc thousand eight hundred
and eight.

Joseph Richardson, at the rale of two dollars
and firty cents per month, to commence on the
twentieth day of January, one thousand eight
hundred and nine.

William Johnson, at tbe rale of two dollars
and fifty cents per month, to commenca on the
eigbleeaih day^ of Jaitunry, one thousand eight
hundred and nine.

Henry Oterly, at the rate of five dollars per
month, to ooramenee on ibe Snt day of Decem-
ber, one ibousand eight hundred and eight.

Abraham Gamble, al the rate of fire dollars

Ser month, to commence on the eighteetb day of
anuarf] one thousand eight hundnd and niac.

William McClanaban, at the rate of two dol-
lars and fifty cen la per month, to commence on
tbe tweniy-seveoth day of October, one thousand
eighc hundred and eigbt.

William McLaland, al the rate of five dollars
per month, to commence on the fourth day of
February, one thousand eigbt hundred and

Sec. 2. And be ii fiirt/ur enacted, That Ibe
pensions of the following person*, already placed
on the pension list of the United States, whosa
claims for an increase of pension hare been trso»>
mitted to Congress, pursuant lo the act aforesaid,
be increased to the sums herein respectively an-
nexed to ibeir names i the said increase to com-
meoce at the times herein mentioned, that is tn

William Curtis, &Te dollars per month, to com-
mence on the twenty-first day of September, one

thousand eight hundred and eight.

Samuel Potter, three dollars thirty-three and
one-third cents per month, to commence on the

dred andeigbl.

Thomas Haines, five doUars per month, to
commence on the seventeenth day of January,
one thousand eight hundred and seven.

Daniel Busseil, five dollars per month, to com-
mence on the third day of Ootoher, one thousand
eight bunded and eight.

William Wood, three dollars ihirty-tbree and
one-third cents per month, to commence on (he
fourteenth day of September, one ibousand eight
hundred and eight.

Thomas Pratt, three dollars thirty-three and
one-third cents per month, to commence on the
iwenly-fourth day of October, one thousand eigbt
hundred and eight.

Ebenezer Tiobham, two dollars and fifty cents
per month, to commence on the eighth day of No-
vember, one Ibousand eigbt hundred and eight.

Joseph Brown, five dollars per month, lo com-
mence on the Ihird day of June, one thousand
eight hundred and cigbL

Benjamin Merrill, three dollars thirty-lhree and
one-third eenis per month, to commence on the
twenty-eighth dav of September, one thoosand
eight hundred ana eight.

William Leach, five dollars per month, to com-
mence on the second day of May, one thousand
eight hundred and eight.

' Constant Webb, three dollars per month, to com-
mence on the thirtieth day of May, one thousand
eight hundred and eight.

Joaaihan Bowers, five dollars per monib, 10
commence on tbe twenty-third day of July, one
thousand eight hundred and eight.

Abner Andrews, five dollars per month, to com-
mence on the first day of September, one thou-
sand eight hundred and eigbt.

Josiah Merryman, five dollars per month, (o
commence on the seventeenth day of September,
one thousand eight hundred aud eight.

Samuel BnrJwin, five dollara per month, to
commence on the twenty-third day of SeptemlMT,
one ibousand eight haodrcd and eight.

.yGoogIc

1851

APPENBIX.

1852

PubUe AcU <f Qmgrtu.

Oliver BoUwick, ten dollars per month, to com-
mcHce oD ibe ihird dar of Oclob«r, one tliouiaod
eiffbl hundred and eighi.

Edward Bsuelt two dollars ud &hj etait per
moDtb, to comiDeDce on ihe Iweutr-eighib day of
April, one thousand eight hundred and eight.

Jeremiah Markhacn, three dollars and seventy-
fiTe cents per month, to commence on the 4hird
day ofJui)e,ODetbDUsaDd eight hundred ADd eight.

Samuel Audius, three dollars and seventy-fire
eeDts per month, to commence on the iwenty-

Klisba Clark, two dollars snd Bfij cents per
month, to cocnmence on the twenty-eighth day of
Beplember.one thounnd eisbl hundred and eight.

AaroD Tullle, three dollars ihirty-three and
one-third cents per month, to commence on the
tweniy-fifih day of October, one ihousaad eight
hundred and eight.

BeoJaroiD Siurget, four dollars per roonib, to
commence on the tweoiy-fifih day orOetobeT,one
thouwndeiehi hundred and eight.

Burr Gilbert, Btc dollars per month, to com-
mence on (he twenty-eighth day of July, one ihou-

sixteenth day of April, one thousand eight
hundred and eight.

Aihbel Hosmer, five dollars per month, to com-
mence on the sixth day of October, one thousand
«ighi hundred and eight.

Andrew McQuire. five dollars per month, to
commence on the first day of August, one ihou-
Mnd eight hundred and eight.

John Lowry, three dollars thirty-three and one-
third cents per month, to commence on the nin^
Ivenlh day of April, one thousand eight hundred
knd eight.

James Blever, five dollars per month, to (
mence on the eighth day of April, one thooMud
•ighc hundred and eight.

Samuel B. White, fire dollars per month, to
commence on ihc eighth day of April, one thou-
sand eight hundred and eight.

Judab Levy,fivedollara per month, toeom mence
on the twelfib day of April, one tbotuand eight
hundred and eight.

Enoch Turner, five dolUrt per roonth, to i
mence on the fourteenth day of November,
thousand eight hundred and eight.

Edward Stanton, five dollar* per month, to com-
mence on the nineteenth day of November, ooe
thousand eight hundred and eight.

Elitha Lee, twenlv dollars per month, to com-
mence on the thiriieih day nf November, one thoti-
aand eight hundred and eight

William Starr, three dollats and teveotyfive
cents per month, to commence on the eighteenth
day of November, one tbouaend eight hundred and
eight.

John Morgan, three doUan thirty-three and one-
ibird cents per monib, to commence on the eigh-
uenth day of November, one thousand eight hun-
dred and eighL

Andrew Gallup, three dolUn lhiity<three and

one-third cents per month, to c

eighteenth day of Norember, one tbonsand eighl

hundred and eight.

Joseph Woodmaocy. five dollars per month, to
commence on the eigateentb day of Norember,
one thousand eight hundred and eight.

"raon Perkins, five dollars per month, (o com-

le on the eighteenth day of Navember, ooa

lhous«nd eight hundred and eight.

Walter Burdick, two dollars and &Ctj cents per

onlh, to commence on the eighteenth day of no-
vemhcr, one thousand eight hundred and eight.

Park Arery,five dollars per month, to commence
oniheeighteenih day of November, one tboiUDd
ight hundred and eight.

Amos Avery, two dollars and fifty, cents per
month, to commence on the eighteenth day of No-
vember, one thousand eight hundred and eight.

Ebenezer Avery, two dollars and filty cent -per
month, to commence on the eighteenth day of No-
vember, one thousand eight hundred and eight.

Benjamin Denslow, five dollars per month, U
commence on the seventh day of Deeemlier, one
thousand eight hundred and eighl.

Amos Skeele. three dollars thirty-three and
one-third cents per month, to commence on the

entr-eighib dav of November, one thousand

;hi hundred and eight.

IVilliam Burrows, five dollars per month, to
commence on the twelfth day of December, one
thouHand eight hundred and eight.

Elisha Frizzle, fire dollars per month, to com-

iDce on the first day of January, one thoosknl

[ht hundred and nine.

Foho McKiostrey, twenty dollars per moo lb, to
commence on the first day of Janoajy, one thou-
sand eight hundred and nine.

Samuel Oibhs, thirteen dollars thirty-three sod
one-third cents per month, to commence on the
eighth day of October, ono thousand eight hun-
dred and eight.

Johu Barbarick, five dollars per month, to com-
mence on the fifieenib day of December, one thou-
sand eight hundred and eighu

James Morgan, two dollars and fifty cents per
moDlb, to commence on the fifth day of Jannary,
one ifaouaand eight hundred and nine.

Joseph Mozley, two dollars and fifty cents per
month, to commence on the fifth day of Janaary,
one thousand eight hundred and nine.

Daniel Bill, five dollars per month, to commence
on the fifth da^ of January, one thousand «ght
hundred and nine.

Christopher Latham, three dollar* and aevenly*
five cents per month, *o commence on the fifth
day of January, one thousand eight hundred and

8ec.3. Andbeitfi$rthtrenacUd, That the pen-
sioners becoming such in virtue of this act shall
be paid in the same manner as invalid pensioners
are paid who hsve heretofore been [daced on the
pension list of the United Stales, under sadi
restrictions and resulaiions, in all respects, as are
prescribed by the laws of the United States in
such cases provided.

Approved, Match 3, 1809.

.yGoogIc

INDEX

TO THE PROCKBDINGS AND DEBATES OF THE SECOND SESSION OF
THE TENTH CONGRESS.

A. P«ge.

Aceoininadstioii of tha Pr«rident, on motioti of
Mr. B. Smith, s committee wu appoint-
ed, to join B limilar committee on the
part of the House of RepieaentatiTeB, to
canudcT and report meuures for the - 409
DOtice of agreement to the same, and theap-

gintment of >acb a committee, bj the
DUSB of Repieacntativei - - - 411
a bill reported to that effect, and read twice 413
oidered to a third reading -
read a third time, aod pawed
Additional Dutiee, a bill from the House of Rep-
reaeotatiTea impoiing, upon importation,
read and passed to a second reading
bill referred to a committee
reported with ameDdmente
tiurther amended, and ordered to a third

reading .....

read a third lime, as amended -
bill and amendments negatived -
Addren, Inangural, of James Madison
Alabama Indians, a Messsge from the President
in relation to the, read and ordered to be
printed ---....
a bill for the reliefof certain, presented, read,

and passed to a tlurd reading -
oidered to a third reading -
read a third time, and paaud
returned from the Honse of RepresentatiTsa
' I, and tefeiied to a com-

committee report an agreement to the amend-
mants, nbicb report vas conmrred in -
Alexandria, the petition of the Marine Insurance
Company of, referred to a comEnittee

committee report a bill to extend the charter
of eaid Companj, which was read and
nideied to a ■econd reading ...

read a aeoond time, and ordered to a third

read a third time, and paased
American Character, a bill to dep

Anderson, Joseph, of Tennessee, attended in hii

Anderson, Jouph, temaib of— CMitinaed. Pag*.

in objection to the reading of the instmctions

by the Massachusetts Legislature to their

Senators on the subject of the embargo - 137

speech o^ on Mi. Hillfaoiue's resolutions to

repeal the embargo lens ... 185

• the credentials of, presented and ordered to

be aied 414

B.
Bank of Potomac, the petition of the president
and directors of the, praying an act of in-
corporation, was read and refetred to the
BecretaryoftheTreaaury - - - 91»
Bank of the United States, a report was receired
from the Secretary of the Tiessniy on the
memorial of the president, directore, &c.of 4!MI
Baptist Church, of the City of Wsahington, a
petition of the, praying aa net of incor-
poration, was referred to a committee - 836
ibill to incorporate the, was reported, read,
and peaied to a Mcond reading - - 380
(See Religiout Sodttiei.)
Barbtry Powers, a resolution was sobmittad to
reiei so much of the President's Message
as relates to the, to a select committee,
•rhieh was agreed to, and a committee
appointed ..-.-- It
a bill from the Honse of RepresentatiTes, to
continue in force, for a limited time, the
first section of the act to protect the com-
merce and seamen of the United States
agsJnsI the ...... SOO

the said bill read twice, and leferml to •

committee SOI

lepoited without amendment ... 304

ordered to a third reading - - . . 30fi

read a tUrd time, and passed ... SD8

Btniilz, Jacob, a bill from the House of Reprd-

sentatiTes, for relief of, read three times,

and passed ...... 4S4

Bayard, James A., of Delawaie, attended in bis

place 819

speech of, on his motion to amend Hi.
Giles's resolution for a partial repeal of
the embargo ...... 388

Beamont, Edmund, a bill from the House of Re-
presentatiTcs, fbr the relief of, read twice,
and referred ...-•• 3SS
reported without amendment, and ordered
to a third leading ----- SSC7

read a third tioM, and passed . - - #380

.yGoogIc

aenate Proceeding* and Debatet.

BeUisarant Powen, the Prcmdcnl eommunicau*
■ report of thi BecrBtarj of Bute, with
oopis* of tha ordcn and docreea of tha,
■nceting neatra] righia, of which Stb
huadred copiMiirera on!«i:«d lobe printed

Bradlej, Mr., remirki of, on hi* motion to poat-

fon» the embargo ruolution • - -

the electioQ of, m Preaident pro Urn. oS the

BraDt, Robert, and othen, the petition of, prat-
ing Ihe incorporation of a company to
open a canal in the Citj of Wuhinftoa,
waa read, and referred to a committee -
(8m Wathmelon, the Cit; o£)

Brant, Richard, of Virginia, prewnled hii creden-
tiata, and wa* qualified, aa a Senator

Btitiah Board of Trade, ■ paper from the, referred
to hj Mr. Qilee, in hia tpeech on his reao-
Intlon to repeal partially the embargo lawa

Britkh InflHenea, the meani ol, in thi* coontry,

(note) '■

Britiah Injuriea and Inanltai a catalogue of

Briliab Ordeta in Council I6NI, ISftS, ieS8, 11
1703, 1705, ITM, 1700,1'

Brawn, Rbt. Mr^ information giien of hia ap-
pointment by tbe Houae of Repieaenta-
tiTea as Chaplain ■ • - - -

Brown, William, petition of, praying s pennon,

referred to ■ committee - - - - :
an unfavorable report, (hereon, eoncnired in !

Oitwmi Count*, North Caioliti*, • repieaenta*
tion of the grand jury of, in ndalion to
the embaigo ......

Capitol, an act making apprniriationa to coot'
plcte the Iwo winga of Lha - - • 1
(See Public Building:)
Carondelet, a bill making appropiiationa for deep-
ening tha canal of, read twice
ordered to a third reading - - • - .
read a third ting, and puaed . - ■
Chaplaina, ■ joint reaolution for appointing two,
of difierent denominalion* ■ . ■
Cbeaapeake and Delaware Canal Company, the
memorial of the Preaident, Ac, of the,
waa ordered to be pnoted ' - - \
a bill praaenled to ■uthoriie the aale and grant
of und to the, read and paned to a aocond

readiDg

read a second lime, amended, and ordered

to a third reading - - - - - ;
read a third time, and paued • - - '
retnmedfroDi tbe Boom of RepreaentatliM
with non-coneurrenee in the grant - '

Circnil Caiirts, notice of a bill nipplementary to
the act eatabliahing - - - - 1
bill presented, read, and paaaed lo a ucend

read • second time, and referred to a com-

ported with amendments ...

lered to a third reading as smended

read a third time, and passed aa amended -

ClaA, Joshua, an impri»ned aeamen, a letter

from, referred to the Secretary of Stale -

Cierka, a re^rt from tha Secretary of War, in

^ relation to hia - - • - - '

P.g<u

CliDlon, George, declared to be elected Vice Pm-
dent of the United State* from the 4th of

March next 34&

CoHeclora of Caitoms, a statement 6om the
Treasury Department of the emohunenta

of the US

Commeroial Interoonm, Mr. QHea aubmitted s
resolution to suspend all, with Great Brit-
ain, Prance, &c 346

a bill to interdict, presented, read end pwaed

to a aecond reading .... 4n
read % second time, amended, and ordered

to « third reading ----- 41S
read a third time, the bUsks filled, and

p»ned 414

returned from the House of SepresentstJTCs

with amendments, which were agreed lo 45S

OomMUtatioa of Pay, a memorial of the surri-

ving officers of the Pennsylvania line in

the RcTolutionaiy war, was read - - S91

a memorial of the New York and Pennayl-

vsjila lines) all referred to a committee - SS7
a memoiiat of the Delaware line, referred U

the same committee .... 304
a uemorisi of the Connecticut and New

Jersey lines, referred to same committee . ns
a memorial of the South Carolina line, re-
ferred lo the s«ms committee . . - 338
Congress, ■ bill from the House of Repreaenta-
tiTca to alter the time for the neil meet-
ing of, read and passed to a second icsding 331
re»d a second time, and otdemd to a third

reading. ,..-.- safi
read a third time, and paased - . . 33C
Constitution, a resolution of tha Legislatni«. of
Msryland waa preaeated, disapproTing an
amendment of the, propoeed t^ the L^ts-
lalure of Virginia . . . • - 30C
Contingent Fund, the Preaident ttanamitted an

acooont of the 321

Contention, extract from a, between Great Brit-
ain and Russia, (note) .... 383

Correspondence of Hinialera, the Preaident com-
municated certain, wtiich waa ordered to
be printed ...... 3S4

X sequel to the same waa received - . 338
Cotton, Daniel, a bill from the House of Rmre-
aentativea for relief af, raskd and pas— d to
a second reading - - ''~'

-ead a aeootul time, and refarre

ordered to a third reading -
read a third time, and pasasd
Courts of the United Slate*, a bill to rqMel ao
mndt of any ad or set* as «atbDtHn the*
to make compensatian to their officera oat
of tlie public Treaaniy foe nnenmnerated
services, was presented, read, and ordered
to a second reading - - - • >
ead a aaeend tine, end rafiurad to a caB-

Cnwfbrd, Mr., speech of, on Mr. Hillbeaso's ra-

olution to repeal the embargo
Credit, a bill to eitend the terms of, ob ratenae

bonds, in certain caaes, was rod and

paasod to a second reading - ' • :
read a second time, and ordered to a third

reading

410
437

.yGoogIc

INDEX.

3enate Proeeediaga and Debattf.

Cradh — continued. f

ra«d m thinl time, and pan«d - - .
TBiluiied from the Hodm of ReprsMDUtim

witli ameodtnanti

read anil ordered to lie on the t&ble •
refeneil to s committee . . . -
Teported with ui *gTenDent to tbe unead-

ment< with *n unendment • ■ •
Cumberiuid Bowi, s Meieege from the Preli-

dent, with ■ report of the Con

of the -

Delaware, on motion of Mr. Biytrd, under in-
■tructian* from the LegiaUtara, the Seo-
Tetu7 of War wia direcErd to inquire Into
and report the eipediency of erectiiig
certain batleriei in the Stale of - - 840

a report from the Secretary in obedience to
the Mme ,..-.. S46
Delaware and Cheaapeake Canal Company, the
memoriala of tha, preiented in ISOfi and
ISOT, together with the report of the Sec-
retary of the Treuury on the same, and
reipecting foada EDdcanate, made in April
last, were rerarred to a committee • - 138
(See ChetapeaAe, dec., for further proceeding!,
ante.-)
Diabnnement of Public Monryi, Mr. HiUhonie

lubmitted a reiolution reipecting the - 362

which wai adopted, a committee thereon ap-
p<unted- .,..-. 388
Diatrict Judge, Mr.. Gatltard lubmilted a resolu-
tion for a committee to inquire what pro-
Tiston ought to be made in case of the
disablility of any, to perform the dutiea
of hii office SIS

which was agreed to, and a committee ap-
pointed S3I

(See Judiaai SgtUnt^
Documenla, a bill from the House of Reprwent-
ativea to transport by mail certain, free of
poatage, was read,' and passed to eaacond
reading SO

read a second time, and referred to a com-
mittee 40

reported withoDt amendment • • - 93

read a third lime, end afler soue remarks
from the chairman of the committee who
reported it, the bill was negatiTed • - 137

Mr. Gregg submitted a resolution to author-
ize the binding of certain sets of - - 800

which was adopted - • • . - 304

a bill from the House of RepreaentatiTes to
authorize the transmission by mail of cer-
tain, free of postage, ^ss read, and passed
to a second reading . . - . soi

read a second time, and postponed indefi-
nitely 808

a ^ird bin from the Honse of Representa-
tifes to the same eflect, was read, and a
second reading negatired - . . 3S1

a motion to reconsider the vote was also
negstited 331

Elliott, Her. Mr., election of, as Chaplain -
Embargo, a reaolution was submitted to refer so
much of the Message as relate* to the
laws laying an, to a select com: '"
lOtb Con. id Ssbs.— 59

Embargo — continued. Page.

the rssoIu(ionwaaiidopted,and a committee

appointed 17

Mi. Oilea, iTom saidcomnuttee,reported,!a
part, a bill making further provision to
enforce the laws laying an, which was
read and passed to a second reading

read a second time - • - -

the bill recommitted - - _ -

reported with amendments, which were con-
curred in. and ordered to a third reading

the bill again recommitted ...

reported with amendments, agreed (o, and
ordered to be engrossed

read a third time, and ordered to lie o)
table

called up and paued ...

returned from the House of RepresentatiTea
with amendments ....

which were concurred in -

Mr. Hillhouae submitted a resolution for the
repeal of the laws relating to the -

which was negatived - - ■ - 330

Mr. Lloyd lubmitted a motion requesting
, the President to cause to be laid before the
Senate a statement of the number of ves-
sels which have departed, with permission,
from the date of the embargo to the Sd of
September, 1808 16

which woe agreed to, and the Secretary
ordered to lay it before the President - IB -

a Measagefrom the President, with a report
from the Treasury Department, in reply
thereto, which wsa ordered to be printed 399

Mr. Pickering laid belbre the Senate a resolu-
tion of the Legislature of Massachusetts, in-
structing their Senators to um their en-
deavors to have the embargo laws repealed,
the reading of which was interrupted and
postponed 137

the preamble and reaolutions referred to - 138

objection to the reading withdrawn, and the
instruction read ..... 161

Mr. Giles made anolber report in part, con-
■isting ofhiscorrespondencsviitli the Sec-
retary of the Treasury, on the subject of
the 338

Mr. Giles submitted a resolution to repeal the,
after the 4th of March next, as to all na-
tions except Great Britsin and France - 305

which was adopted, and a committee ap-
pointed to bring in ■ bill ... 846

(See Commereial inlereourte,')

a memorial from the State of Pelaware for the
repeal of the 347

anoUier from the same State ... 413
Engineers, a bill making fiirthei provision for a

corps of, read ..... 331

read a second time, and referred to a cmd-

Fiah, a trandt duly Qn, exacted by Great Britaio,

rspeech of Mr. S. Smith)
Flour, duties on, aiacted by (heat Britain
Franklin, Jauas, bom North Carolina, attend-

«d in bis seat .....

.yGoogIc

INSEX.

Shnait Proeeedingw and VebaUt,

Fi«d«rick Counlj, MiryUnd, a qtaniDTikl froin
citocni of, pledging Ihiii rapport to the
CMMtitutional lUthoHliei, iguniit foreign
and doioe^Lc TibUnc*, tru rc*d -

FNDch iDfliiencc, mntj maani of, in thii codD-
trj, (note lo Mr. Ciilea'i ipciech} -

FmoifD Armsd Bhipt, Mr. Oilot lubmittcd ■ rs-

•olalion to Inurdiet bU, bom tha watan

«(|Im Vnilod Sutaa ....

tha rwillntion ifraed to, and ■ commitlM

•MwintaJ IhorMD .....

Fonign laUrcooru, Mr. B. Bmith oabmilUd >
reaolutian requMting the Prendenl to
caDM lA be laid before the BeoBta a isport
of the miMUTM adoptwl to car?; inl» ex-
eentionlhe act tppropriating two millioni
of dollar* for bdj aitiaordiaaij expenui

attandiog our

Iho rcMlution adopted, and the Becratarj

otdarad to lay it before the PreHdent
a Menage from tha Frealilent commuiuM-
ting the information aikad for - •

FoNign Belationa, eitract from a report made
bj a comnittee of the Benito on the lob-
jocl of; (note)

Fortifieationa, oa motion of Mr. Gilea, two tnem-
bere were added to the committee on ao
much of the Preeident'e Meiene aa ra-

lataa to

a bill to complete certain, wu preaanted,

i««d, and paeaed to aeocond reading
raard a aacond time, aad ordered lo a third

read a third time, and paaaed ...

a bill from the Houee of RepraaentatiTea to

the aame eflect, waa road, and paaiad to a

•eeond reading . . , . .

read a Kcond time

amended, and ordered lo a third reading -

read a third time, and paaaed aa amended ■

tetamed fnim the Houae of Be^eaentatiTea

with a Doo-concorronco in the amend-

tha Senate recede &om theit amendnanta -

Dialrict of Columbia, notioe of a

bill to amend the chartar of •
a Ml] lo that cflect presentrd, read, and oi^

dercd lo a aacond reading ...
read a eocond time, and rafitrTed lo a cnnmit-

lee

reported with amendment* - - - '

eroered to a third reading, e* amended - '
read a third lime a* amended, and paaaed - '
returned from Ihe Houie of RepreBeQtati*ei

with an amendnMnt, which wai diaagraed

Oilaa, Mr., remaiki oC on Mi motion to rafiir *•
mnch of the Meaaagn u relate* to the
embargo law* to a aeleet committee
'qwoeh of, on Mr. HillhoMo'* reMrintioa to

TOpeal the embargo lawa 93, !

ranum at on the bill to enfbroe the em-

•pMch of, on hie TMolntion relating la • n-

paal of the aame, in p«rt ...

QoDdrid^ Mr., epeMh of, on tha bill t* Hforea

Ihe enbargo ......

Oorerament, a bill tivm tbo Bonaa of R^r*-

aantativoa naking approptiationa fat Iba

enppait of, for the year 1MB, read twioa,

and reforrad to a cammittea ...

reported without amendnant . . -

amended, and ordered to a thini mfing -

read a third time, and paaaed ai aaMtidal - '

Oragg> Andrew, of PanH7ln«la,UtaadadiaUi

Hall & Ballara, pttilion ol the npreaantatiTea ol,
praying payment of a l^al balance dna
them for printing, wai read ... tSI
HatOy, Williun, ■ Revolntionary aoldiar, the pe-
tition of, referred la a committee - - 31S
Batlinga, William, a bill from the Honaa of Rep-

raa«liUIi*ea for the relief of, waa read - 461
a motion for a aacond reading objected to, a*
agninit the rule ..... Ml
Hillbonie, Mr., ipeech of, on bia reaolntion to re-
peal Iho embargo liwi - SO, 181
in reply to Mr. Pope . ... 99
on the bill to enforce the emhaigo . ns, 81fi
the credenliiU of, ■■ a Senator fiom Ae

fourth of March neit, were read and 61ed 9H
■peech of, introductory of a molntiOD rela-
ting lo the diibunemont of public moneyi 317
on the bill inlerdictiugintercouiae wilh Croat

Biiuin,&c. tft

inanaoer toMr. Gilei,o^theembarga,(Ap-
p«nJix) - ■ ISTT

Hoitility to Commerce, Mr. 8. Smith'e delrnca
of the Admin iatrilion againat the charge

of IM

Houae of Commotia, oiMtet from the Jonmali of

the, (note) WB

Hunt, Enniee, Ihe petition of, road and laforrad

to a committee ..... 356
an unfaTorable report thereon, concnned in 301

iana Temtory, reaolutioni of Ihe Hoiiia of
RepreaentatiTo* of; requ eating a aepaiatioii
ftom the eaat of the Wabaah, read and to-
brred to a aeleet committee - - .
rae^ution* of the Legialatiie Council oC ra-
•pecting the mode of their electioni read
and ordered to lie on the table ...
a bill from the Honee of Repreeentatiie* ta
dindcj into two leparate goTemmenla,

reed - ; :

read a eecond time, and referred to a com-
mittee :

reported without amendment - - - 1
ordered to a third reading - - - .J
read a third time - - - - -3
third reading reaumed, and the bill paaaed 3
a bill from the Houae of RepreaentaliTe* la

extend the right of lufirage in, read - S

read a tecond time, and refoiivd - 4

ordered lo a third reading - - - 4

read a third lime, and paaaed - - - i

Indian TribeB,abilt from Ihe Honae of Repreaett-

tatiTea ta eetabli«h trading-haaaa* with Aa,

raad twice and raJaRad lo a committaa - i

.yGoogIc

iSenote Ptvceedrng^ and DebaU*.

InvsUd Faniionen, mbUl (Vara the HooMof Rap-
TwonUtlTra conoennag, raul twiM uai
leffimd ......

reporMd, unendad, read ■ Oari tiOM, and

paaed ■■ ■mtndad ....

J.

Jidbnon, Tlomui notice of a bill to grant tlu

fitnkinj privilege to - - - -

bm in punuuicfl oC preMDted and read

raid ■. aaeond time, and ordered to a third
reading .......

read a thud time, and paved

K eircDiar rrom, to the Senaton, calling lor
an eilra leHiMi -
Jodgev, Mr. Bayard inhmittad a resolution for a
committee lo prepare and bring in a bill
making proTiaion for the Buppoit of inch
aa ihall bo iocapabla from age, &c.

Tcaolulion adopted, and a committee ap-
pointed - - - ■ - -

» hill to carry the reulntion into eflecl i*aa
preienled and read ... . :

negatived on the Bacond raiding
Judicial Cnurtii, Mr. Giles (ubmitted arewlntion
for a committee to inquire into the eips-
diencj ofaaiendinglheacttoeitablijhidu:.

I«iolutioa adopted, and a committee ap-
poioted ......

aajd committee report the ineipediencj at

the present time, which irai agreed to •

Judicial Bjatem, a bill fiirther to amend the, waa

read a second time, and ordered to a third

reading ...

read a third time, and piMed - - • :
retarned from the House of Repreaenta-

tifes with amendmeota, which wete coo-

K.
Kaakaskla. a biH from the Honaa of Raptaaenta-
tiiea to continna for a further tiu* lh«
authority of tbe Cornmiaaionera of
read, and pasasd to a seeond reading -
read a second time, and roTened to a oom-

repMted' without anandment, and ordered
to a third raading - - - . .
read « third time, and pasi
I,.
Lee, Richard Bland, petilioQ o^ referred to a

committee ..■•... 3OS
commitiee discharged &om the further con-
sideration thereof - . . . . '436
Laib, Michael, thecraJantialsof, ai Senator from

FennsylTania, preaented and read - 841, 3S3
attendance and qnalificatton of - - - 3S5
Library, report IVom tbe joint committee on the 336
reaolatjon submitted giring to aaiJ commit-
tee the application of the money appro-
priated for the, which was adopted - - 444
Llojd, Jamsi, credentials of, aa Senator '
John Q. Adams, presented
apeoefa of, on Mr. UiUhouse's embargo reso-
lation sa, W, 131

34«

Lloyd, James, remarks of—continued. Page,

on tbe bill to enforce the embargo laws - 349
on the bill interdicting intarcoane viiA

Great Britain and France ... 414
on the bill to impose additioaal duties - 438
M.
Madison, James, declared, inpreaaaceaf the tw«
Hooaaa, to be eleeled President of the
United StatM froM tha4lh of March nait 34<
lellBT bam, to the i'rwident of the Senate

fixing the lime Ibr taking hie oath of offisa 465
the oa^ of office adminiatered ta • - 4S5
Mail nMltav a petition for the alteration of the, fi«m
WaahingiOB lo Chestaitawn, in Maryland,
waa referred to a coramiU«« . • . 331
a biU to that eBaet preiented, and read • 337
read a second tiraa, and ordered to a third
reading ...... SBS

read a third time, and passed • - - 240
Malbone, Franoia, of Rhode Island, producvd hia

credentials, and was qualified - - 4SS

Marina Corpa, a memoriil of tbs DSkera ot tb«,
praying to be placed on a footing with the
officers of the Army as to {ROmotion, waa
Talarredlaacammitim • - - • 340
said committee were Inatmated to inqnira
to what eiteot an augmentation of the,
was necetaery ----- 347

■ bill for the augmentation of the, rdported
and read ..---- 888

read a second time, and ordared to a third
reading ...... 410

read a third time, and paaaed ... 411
returned from the Honae of BepreaantaliTea
with amendmantSiwhich weraconearrad in 4U
Maryland, Mr. Baed aubmiUod a tesolatioin of tbe
Legislitar* of, diaappronng of a reaoln*
tion of the Legislature of Virginia In
amend the Constitution ... 300

Masaaobaaetta, raaianatntnce o( against certain

measnres of the Gorernmanl, read - - 444
ordered to be printed . - - . 4S0
HMheis, James, 8ergeant-at-Arms, aothoriiad to

employ an aasiatanl, dec - . . 10

Meigs, Rclnm J., produced his orodentiala, and

was qualified SOS

Hemoriale, a rasolntion was sabnitted that lbs, '
•f the merehanta of oertain cities, pre-
sented at the first. sesaion of th* ninth
Congress, relatiTe lo infringement of nea-
tral trade, be prinlad tat the nae of the

SeniAe IB

the teaolntion agreed to - - - - 30

Measags^ the Praaidenl's annual - - - M
oiM. thouaand c<^iea of said, ordered to be
printed ------- IS

a confidential, was recn*ad with Mndry doe-
amenta ...... .16

a UU from the House of RepieaentaliTSs to
authorize the transportation of tha sam e liae
of postage, read a third time, and paiaed Iff
Michigan, a petition of tha French citizens of,
, pnying (hat an edition of the laws of tha
said Territory may be published in the
French language, rebrred - - - • 411
a bill to that effect reported, and read - 438
read a second time ----- 443

onlered lo a third reading . > . - 461
read a thiid time, and passed . - • 466

jjGoogle

DJBEX.

Senate Proceedings and Debate*.

M>litU7 KitiHwhmfnt um) NaT7< ■ ^^ fr<*D> ^*

HooM of HepraMnUtiTu miking tppro-

prbtioiw for lapport of UM( tetd twice,

•nd Tefarred .---•• 41

raportod with auiciidiiienU, and ordered to

a third reading - 4

raad a third time, and pawod m amaodad - ii
retamed from theHooMof RepreaenUtiTai,
with diaagTMtnent to aome and agrec-
** mant to odier imendmeDt* - 4<

the Senate ioiiet ..... 4
thaHoiuaof ReprMentati>aaalao iiuiat,aDd
Mk a eoDfaraDce, whidi ia agreed to, con-
feree* appointed, and on nport of eatd
confcreM, the bill waa read three timee,

•ndpaaed - 4

(See IVtattry, War, and timy DepartmeKtt.'^

the act approved • • • • - 18

Militia, a reeointion far the appointment ef a

committee to iaqniie what alt«rat>oa« are

neceMiy in the, lawa - . . .

neolntiona adopted, and eemmitlee appointed

a iceolotion rabmltted to inquire of the Prem-

denl hia reaaon* for calling upon the Oov-

emora of the aaranl Btatea lor Aeir r

19

conaideration poatponed . - . .

Mr. B. Bmilh preeented a InU lo eMaUiih a
unifoTin, which wh read twii ' *

and ordered to a third readii

read a third time, and pamad

a Meaaage from the hendent
ting a atalement of the .
UBedge, John, of Georgia, attendance of .

election of, aa Fraaident pro tern, of the

Senate

Hint, the Preaident tranamilted the report of the

Director of the •
Miaaiaeippi Tenitorf, a leaalnlton of the Hooae
of^RepreeentMiipea of, waa pteaeBted, praj>
ing an eilandon of the time of payment
of the firat inelalment on the purcfaaee ef
landa; aleo, objeelins lo the eatebliA-
Menl of a fodetal coart in aaid Territory

a bill from the Honae of RepreeeDtativea for
£apea«l of certain landa in, claimed na-
Am Speniih granta, wu teed . . -

Mad a aecond time, and refined to a com-
mittee

reported with emeodmenta . . -

ordered to a third readinE, ■■ amended

read a third time, and paiaad aa amended -
Miteiull, Mr^ remarks of, on hii motion to amend
Mr. Gilea'a reeointion Sat the partial re-
peal of the cmbBTgo lawa ...

apaech of. on Mr. HiUbooae'a retention to r»

peal the aame .....

Montoe, Mr., eitracta of letten ftom. to Mr. Madi.

eon, (note)

Moore, Andrew, of Virginia, attended in hia
place - - -

apeech of, on the reeointion to repeal the em* ,

bargo 60

N.

Jfftvj, a letter from the Secretary of the, to the

chairman of the committee en the bill to

•qnip the public armed Teaaala, waa w-

dered to be printed • . . >. .

NaTj— continued. Page.

notiee of a bill to ptovido for the better gor-
emmentofthe 411

ibiU to that (fleet preeented audread 411

read a aecond time, and ordered tea ihiril
reading ...... 41S

read a third time, and paaaed ... 413
Na*y Officera, &&, ■ bill &om the Honae of Ri^
reeentatiTM ■nthoriiiog the appointment
and employment of an additional num-
ber of aw

the bill read, and paaaed to a aecond reading 301
read a aecond ^mo, and referred to a com-
mittee 3D1

reported without amendment, and poetponed 303
amended, and oideied to a third reading - SOS
read ■ third time, and paeud *■ emended - 30V
returned from the Houee of ReprHentatiTea

with diaagreement .... 3X3*

the Senate iniiit on all their amendmente,

anil aak a conference .... 33fi
the ctmferencc agreed to, bat the Honae of

Repreientati*ea inaiat .... 3M
report of the oonlereei read, and ordered

to be printed SSS

the SenaU adhere 831

Newry, Maaiachueetti, a repreeentation from the
inbalNtanti of, ststing certain iUegalitiee in
the election of Preaidential EleMon, Ac.,

wa> read .338

a communication on theiame aalgeet recui-
ed from the Honae of RepreaentatiTea - 343
Newepapen, a reeointion paaaed lor the nmal

auppty <rf, to membeie ... .10

Non-Inlercaurae. (8tm Commertiid Inltnount^

Nordl Carolina, certain raaolntiana of the Legia-

lature of, appioring the meaaorei of the

Adrainiatration, read and ordered to be

printed ...... 301

O.
Ohio, enndry petitiona relating to landa in, were

a bill lo eitend the time fin making pay-

manl for landa in, read - . . - 3SS
read a locond time ..... 3SS
ordered to a third reading ... - 338
read a third time, and puaed - - - 337
returned from the Home of Representati*ea
with ameadmenta, which were concurred

a reeolutioa from the General Aaeembly o^ in
approbation of the meaaare* of Go*enk-
mcnt, waa preeenled and read

Ohio Canal Company, notiee of a bill aathorj.
ling the eale and grant of land to the .

Order* and Decreei, a reeointion waa aubmitted,
rcqueating the Preaident to cauae to be laid
befbre the Senate copies of all the, by bel-
ligerent Powen, affecting nentril right* -
the reaolutioQ waa amended and adopted, and
the SecTClary ordered to present the aame

Peace, notice of e trill for the more eflectaal prae-

erration of, in our port* and harbora - 138

Pearson, Thome*, the petition o4 a Re*otnlioii-
ary officer, was referred to the Secretaiy
ofWar S37

.yGoogIc

INDEX.

Senate Procetdi»g$ and Debatet.

Page,
1 bill from tha Hodm of R«pT»MnU-
UTM, tuthoming psjmeDt of ccrtatD, at
the teat of GoTenunenl, ifie read, and
pasted to a lecond Teading
read • Mcond time, and referred

repoitad wtthoal amendment, and ordered to

a third reading - . . .
rcHil a third tine, and patted
Pickering, Mr., speech o^ on like rteolutian
repeal the embargo ...
on the bill la anfoice the tame •
I^ckney, Thomu, extract from, to the Becretarr

of Stale, (note)

.Piatt, Gtieneiei 8., petition of^ a ReTotatianaij

•oldier, read and lefeiied CO ■ committee

an adverse report thereon, agreed to -

Pleatants, Cbartea, and othert, memorit] of, praj-

lag the benefit of extension of credit oa

the importation of certain arlidet ennmer-

atedin theact of 180S - - - -

Point Couple, memorial of the inbibitanti o^

prajing the right of pre-emption, read - 347
.Pope, Mr., speech of, on Mr. Uillhouse's emturgc

retolulion . - . . . S8, 40
remarkt cipiaining what had tieen conaid-

ered peraonalitiet . - - - ^ . 40
TBportofhittpeechoDembarga,(Appendii) IBBl
Portland Hartrart, a Metiigo from the Preaidant,
with a atatement of the worka in progreti
for the defence ot, was re&rred to a com-
mittee SOS, 309

pMtmaater General, report from the, with aitate-

ment of the ealuiee of hit clerkt - - SS6
another report from the MUe, concerning
pnblie eontractt ..... 337
'Private Phjticiant and Surgeoni, a bill filing the

n the

840

Public Bnildingt, a Meatage from the President,

tranimitting the Surrejor'a report of the -

aaid Meaaage and report refrrred to « com-

bill reported, makhig appropriationB fw oom-
. plating the, read tvrice - . . -

ordered to a third reading - . . .

read a third time, and recommitted -

reported withoat ■mendment - . .

amended, and ordered to a third reading aa
■mended ......

read a third time, and patted aa amended -

a committee wa* appointed to inqnire into
the aipenditurea onthe . - . - '

a report from aaid committee wat read
Pnblie Landa, a bill to extend the time for mak-
ing pajmenU for, paaaed

:Keed, Philip, &om Mar;land,attended in tiit place

. BeligiDDa Sooietiei, a bill to provide for ibe iiieai>

poration ot, in the Diitriet of ColumbiI^

waa read a firat and tecond time

ordaied to a third teading . . - •

read a third time, and pwed ...

Pag*.
Rerenne Cnttera, a bill from the Haute of Repre-
aentaliiet, aathoriiing the Preaident to
employ an additional number of, was read SS8 '
read a tecond time, and reforied 10 a com-

reported with an amendment, and ordered tc
lie for contidera^on ...

report resumed, and further postponed
ordered to a third reading, aa amended
read a third time, and passed aa amende
the Uouit of Repreaentativea diaagree to the
Ant amendment, and the Senate recede -' 1
Rose, Mr, (British Envoy,) Mr. Lloy.d aubmil-
ted a resolution requesting the President
to cause to be laid before the Senate all the
corretpondence of, with the Secretary of
State, or any other officer of this Gorem-
ment, not already communicated - . 1
the resola^on was negatiTed - - - !

Seamen, Mr. B. Smith's character of American - 16S

Mr. Gregg gave notice of a bill aathoriiing
the President to call into terviee a num-
ber ot, not exceeding fire hundred - - 161

Mr. Mitchill submitted a retolntion in rela-
tion to tick and disabled .... SOS

which waa agreed to, and a committee there-
on appointed - - - - - - SOC

a bill for the relief of rick and disabled, wat
reported and read 333

read a second time, and referred to a com-
mittee •■'---.. 3S3 '

poetponed indeSnitelj - . . . 337

a bill from the House of Bepresentativea for
the relief o^ read 833

read a tecond time, and amendtd . - 327
Senate, meeting of thn - - ... 9

memben in attendance at the meeting of the t

a committee appointed to inquire whether
the Chamber occajned by the, ia

a report from aaid committee read, and or-
dered to lie on the table - - - - is
on motion of Mr. Lloyd, a eommitlce waa
appointed to confer with the Surreyor of
the Public BnLdinga relative to the aeccnn-
modation of the, at theti next sesaion • 411
a report presented by said committee - - 41S
it was resolred that the Surveyor aJbressid
cause the Library room to be prepared fbr
the aeeommodation of the - - - 436
the usual resolutions for the adjoummant of
the, were passed - . - - . 461

extra aeesion of the 44IS

memben pretent at extra ssssion of the 46S, 463
Serry, Augnstin,a bill from the House of Bepre-

sentatiTes for the telief of - - - 900
read, and passed to a second reading - - 801
read a second time, and referred - - 39S
reported with an amendment, and ordered to

a third reading - - ■ . . SOC
read a third time, and pasard - - . 307
Ships of War, a bill to authoriae and require the
President to cause to be equi[q>ed, for im-
mediate service, all the, Ac,, was leportsd

and read - S88

read a second time, and ordered to a third

IS

.yGoogIc

INDKX.

iSmoTe Pnceedingf and JMofw.

Ship* of Ww — contiiiaed. Pi

re«d a third LimB, racommitled, unenJed,

uid ordered lo be engrowed u iminded
ft nai then read again ....
blanka in the bill filled, and puied .
Mtamed from the Hodh of ntpreicntatiTBi

wilh amendmeoti, which were concurred

Biokillg Fn&d, report of Iha Coumiaaionen of

the

Smith, Mr, B., iltanded in hii place ...
remarki of, inducing Mr. Llojd to giie bia
Tiewa on the embargo ....
Bpeech of, in reply to the wme
explanationa made b; - . . 40,
■peech of, on the embargo reaoIutiOQ -
appointment of, u a Teller of the Electoral

BtaUonerj, Mr. Reid mbmitted a reiolulion thai
Ihe Secretary prmide, of domeatic manu-
factore, for the Die of the Benata -
the reeolution modified and adopted -

Starena, Ebeneier, and other*, merchant! of New
York, Ihe petition! of, prajing permiaaon
to export CHttaii) march andiae

Soffrac*. a biU Irom Iha Kouae of Repreaenta-
tiTea to extend the right of, in Indiana
Tarriloij, read thraa times and paaaed - '

Bd Clair, General Arthur, the memorial o^ waa

'Ttejlor, Lemuel, and othsra, the petition at, praj-
ing the alteration of a mail raata, waa re-

Tobacco, tranait dutj exacted by Qreat Britain

Trading-Honaea, a bill lo e>td>liBh, with the In-
dian trtbaa, raad tniea ....
read a third lime, and paaaed ...

Treaatirer, the geaeral accoanta of the, praMoled

Treaanrj, a report from the Beetetar; of the, in
obiadianee to the act to eatabliib the De-
partment ---...

TresNT^, War and Navy Departmenia, a bill
Hrthai to amend the aereral acta for the
•atabliafament and regalation of the, pre.
eentcd end read twice . . . . .
Mr. Otlea enbmitted a cemmmieatien from
Ihe SecreUrj of the Navy in relation to
Ibii bill, which waa ordered to be printed
A* Inll wu amended, and ordered to a third

read a third time, and paiwed ai amandad .

a ImU ftom the Hoaae of Eepr—entaliiea, on

die aane anbject, lead Uiree timea, and

Ttunpiltfl, the memorial of the Philadelphia,

Brandjwine, and New London Company,

paying the aHiitince and anpport of

Cougre**, wai read ....

notice of ■ bill to eatabliah a, from Miaon'a

Cauaewaj to Alexandria - . .

a bill to that effect presenled and read

read a eecood time, and refemd to a com*

reported with an amendment, and ordered
to a third reading - • - ■ ■
lead a third time, and paued aa amended

V. P.

Vice Preaident, retirement of the, from the Sen-
ate ;

Villard, Andrew J., notice of a bill to rewsnl, fiir

a bill to that efiect preetnted and read
read a aacond lime ■ . . - .
referred to a committee ....
an amendment reported, and ordered to Ge

ordered to a third reading aa amended - 1

read a third time, and paaaed . - - ''.

the title atnended, and ihe bill paaeed - !

Votei, a joint committee waa appointed la re-
port a mode of counting the electoral, ibr
President ind Vice Preaident - . i

notice that the Houia of RepnaentaliTea
haie appointed the lame on their part - i

a reaolu^on in part reported . - . ;

notice trom tho Houie of RdpreaentattTe* of
their appoinUnenl of Teller* - - - '.

a meawge from the Senate that they are
reedy to receive the Senate in theii Cbau-
ber . 1

ceremony of counting the .... J
W.
Wtibington, the City of, a biU fntm the Hooee
of KepreaeatBliTea to aUthetiia Ihe B«Mi-
TiMOiiofa^azaaandloUiti - - - i

read twice, anil referred to a oamnittM - 1

rqmrtod wMwnt asM«d«ant, and odarad
to a third reading - - . . . g

read a third time, and paaaed . - ]

a bill to ipeorporate a canal coapaBj in,
was preaented and mad - 1

read a second tine, and ndaiad to a third
reading ]

read a third time, and pateed - - S

White, Mr, specdi a( on the ambebrgB i«Mlntioa

on the biU toeofereethelawa laying anaai-

tha cradenliala of, read and ordered to be
filed :

eartifioete of the appointmant of - . <
White, William, and othera, a ^1 from the

Hovaa of RapraaenlatiTea fi>r n^of - i

read, and passed to a secood reading . i

read a aecond lima, and referred to a com-
mittee . 1

reported without amendment • - . !

the Mil recommitted i

Wbittemore, Amos and Williani, a bill boa the
Bonae of Beprea^tatiTes to extend a pat-
ent right to, read twice, and rafaitcd to a
committee ...... 4

leported without amandmanta, read a thkd
lUBB and paaeed .....<

y.

Yeas and Nays, on a notion to reier Mr. Hitl-

houae's embargo resolution - - - S

on the queation of agreeing to aaid resolu-
tion a

on postponing the bill making further ia«-
Tisioti for enforcing the embargo law - 5

on the OnsI passage ofthe said Inll - - !

en amending the bill anthoriiing an addi-
tional number of N|*y officrra, fcc - i

on amendiog the bill for repairing and com.
placing the pnblic buildinga - - .9

.yGoogIc

Route Pnctedmg* and Debattt,

KM and Jity — coDtinued. Pige-

oa tba KM^uliim eilling for a oopy of Mr.

Ron't cDitMpoBdcDca • - - ■ 810
OB amending the uoandment of tha Honaa

of Bapmentativef to tha bill ciiibmnB Ihe

embarKO .... 811, 318, 319
an anaadiDg tiw bill to eataUiah a nniforiD

niUtia 3S0

n amendmaat to tkabill making (Dithar

prafMon fbi tha Cotpaof EDginaan

a motion to reoede from an amendment to
the bill concerning augmeotttion of the
NaTj - - 1

on amendinK the bill from the Honee of
RepnuntatiTw for the reliaf of aiek and
diaabled aaaman •■-•-•

on adhering to thia amendnent - • >

on amending the biU relating ta tba Gheaa-
paake and Delawaie Can^ Oompan; - >

oa a motion to amend Mr. Oilaa'a embargo
raaolatiai) .-.---■

Veaa and Na;i — continued. Page,
on the paange of the aaid reaolalion - - 409 -
on amending the bill Cor increaiing tlie Ma-
rine Corpa 410

on amending the Don-iulercoDne lull - 41S

on the final pawage of laid bill • • - 43S
on amending the bill to impoae additional

duUea, &c 48T

on the qneation of taking the jata and naya

OD the paijage of aaid bill ... 44&
on tinendiag the bill relating to the Treat-

nrj, War, and Naiy Deparlmenli • • 4fil
on agreeing tu the Honae amendment of the

non-intercourae bill ... 461, 4fiS
on amending the bill from the Honae of
RepreaentatiTe* making appropriationa for
aupport of the Military Eat«J)1iihmentand

GGS

on pMaing the bill to impoie additional dn-

tiea aa amended > - . - -

on inaiating on their ainendmenis to the bill

HOUSE OP RBPREBENTATrVES AND APPENDIX.

A. Page.

Acco— la. appoiirtiDeDt of the ataoding commit-
tee^ - 47S

Additional Dntiei, a bill for impoeing, preaeDted,

lead tniee, aJld committed ... 1070
BBTeral amandmanta made, ftnd progreaa re-
ported H88

ordered to a third reading - - - • 1443
read the third time, and paaied - - • 144S
Additional Miktary Fom, a reaolution waa re-

Srted from a committee of the Pieaident's
Mfage, that it la aipediant to raiie an - 910
the reMlution ma re&rred to a Committee

of the Whole 911

debate thereon in aaid committee • 946

the naolntion adopted - . - . 966
the Committee on tba Military and Naval

EitsblidunanU ordered to bring in a lull

ponnant to aaid reaolution . - - 969
• hill preaentad aa wderad, nad twiM, and

eommiU«l - lOM

reported with BmandnieiLta,and ordered to a

third leading - - - - - U«8

read the third time, and debate on it« paa-

aage - 1192

adiournment of the Houie without taking «

qaeatlon >M7

debate on the paaaaf e reaumed • - 1308

another adjoumment without taking any

qneation .----. 1!S9
(The bill waia not again taken np.)
Admtniatration, lundiy reioluUona of the Le-

gUatare of PenniyWaua, approTing the

neaeoraa of the, ware communicated by

the Frerident

Page.

Altbama Indiana, the President communicated a
letter from Oovemor Claibome on the
«nbject of • «malt tribe of, which waa re-
ferred [o the Committee on Public Landa 94B

a bill from the Senate for relief of the - 1096

read twice, and committed - - - 1307

lepoTtsd with amendmenta, and ordered to
a third reading .... - 1496

read the third time, and paraed aa amended Ifi03

the act ^proTeil ..... IBS4
Alaiander, Evan, of North Carolina, appeared in

hia place ,.--.. tSt

remaiki of, on the Senate amendment to
the bill for increaaing the Navy - - lOflO '

i«maika of, on the non-interoonrae bill - IfiOl
Alexandria, Diitiict of Colombia, the petitton of
the Common Coancil of, tvlative to in-
apectioni, wae referred to the Committ«e
on the Diatrict of Colombia - - - G 10

a bill Bupplemetitary to the act eatabliihing
^e Turnpike Company of,waa read twice,
and committed .... - 807

a bill to aulborize a lottery Gir building •
church in, naa read twice, and committed BfiB

a bill aupplementaiy to the act to amend tha
charier of, was read twice, and committed 86S
Alaton, Mr., remarks oi; on fixing a day to con-
sider the embargo reeolution - 4T6, 477

on a rBferBDCo of one of Mr. Macon a reao-
lationa ------- 409

on the bill to authorize an additional nom-
ber of revenue caltera - - - . ftSS

epeech of, on th« belligerent odieU - • 565

.yGoogIc

INDEX.

BouM Pneteding* and DtbaUa.

Abton, Mr., remark! of— CDDtlnnid. P*t*-

OS the 8«iBte'i unandniMiU to ths bill for

■ncrMuiag tha Navjr .... loes
«n Mr. Nicholaa'i Tefolnlian for lapeal of Iha

aQbargo 1303

on tha nOD-intert^aunc bill - UfiO, 14S8, IBOl
on the bill from tlia Senate for completini

the winn of the Capilol - - - 1516
on hii motiim to reject the Benala bill, oon-

caming the DeparlmonU - - ISM

on receding from diMgreement to the
kinandaiente of the Senate to the bill re-
lating to eipeaditurea of the Wai and
Navy Departmenta .... |6SD

AnDapoIti, a bill liom the Senate to change the

mail route between RdcUirI] and - • 816
read twice, and committed to Committee ad
Poit Officea and Pout Roadi - . . Sfifi
Arming and equipping merchant Teaieli, a reeo-
lution luthoriiing the. against Qreit Brit-
ain and France, «ai relerr^d tothe Com-
mittee on Foreign Kelattoni - • 496
AmiMrOng, General John, correipondence of,

with Mr. Plnkiter .... 10|8

corrcapondence of, with Jamaa Monroe - ISftB
corTeapan<lenceor,*titb Mr. Madiwn, 1657, 1660,
1666, 1G6T, leSS, 1660, IBT3, 1673, 1674, 1676,
1679, I6SS, 1684, 176!l
eorreapeDdence of, irillk M. Cbampigny, 1658,
L6S9, 1S60, 1661, 1666, 1668, 1676, 1679, 1680,
1603
correapondence of, nilh M. Regnier, Procn-
reuT General of tbe Council of Priiea - 1609
Arma, Ammunition, &c., a committee naa ap-
pointed to inquire into tbe eipediene; of
prohibiting the exportation of - - 1S36
■ ^1 wu reported b^ laid committee to pro-
hibit the Biportation of, wtiich na* read
twice, and referred to a Committee of the

Whole 1636

aaid Cammittee itruck out the SnI aeetion
of tha bill, which the House concurred in 1646
Am^of the United Statu, Mr. Van Djke «ob-
mitled a raaolution, requeating tbe Preai-
dent to eauae a liat of officera, Ac, be-
longing to the, to be Uid before the
Bouae, which was not agreed to - - 1016
B.
' Sacon, Mr., remarka of, on the adieta of France

and Groat Britain 648

speech of, on the same subject ' ' ,' "^
remarks of) on the lull relating to foreign

on the propoaed extra aessian of Congreal • 10^9
on the amendments of tbe Senate to the bill

increauDg the Navy .... 1069
on tha motion to print certain papers - 1086

■peech of, on the bill to alter the Ume of the

next meeting at CongrcM . - - 1133
on Ihelnll relating to voluntMii . • 1160
•n Mr. Qnincj'c resolution rotating la the

oollectoiahip of Boston ... 1178

introductorj of a resolution ralating to de-

fensive maritime war . . - . USO
on tbe resolution to prepare for war - - IS7D
remarka of, on the nan-mlereourae bill, ISOO, IBOS
on the bill relating to the Maasachnsetts me-
morial 1639

on the bill relating to foreign Ikenaea - 1666

- ItTO

P<«e.

Baillie, Alexander, a bill for the relief o^ pre

«d, road twice, and committed
Balaneaa, tha Secretary of tba TtesanrT t

mittad a statement of, on advance* made
prierto the SOIh of Jnne, 1308 - - 1567
Barbaty Powera, a bill to continue in fbna tha
fint aeetion of the act to protect tba com-
merce and seaman of the United Statea
against the, read twice, and committed - BM
ordered to a third reading .... 914
read the third time, and pasaed ... aSB
relumed from the Senate with amendmenla 976
which amendments wera agreed to - - 1036

the act approred 1804

Bamils, Jacob, a bill for the relief of. preaaoted,

read twice, and committed ... 1093
read the third tine, and paased - - - 1646
Baasett, Mr., remarks of, on the bill from the

Senate to enforce the embargo - - BS4
. remarka of, on the non-lntereonisa biU - 16SS
Baltories, Mr. Van l^ke eabmitted « resolntMin
for tbe eractiMi of, for Uw protection of

Wilmington IMQ

tbe reaolutian not agreed to - - - 1330
Battqre, two memoriala on the snbject of the,

were presented and rsforred ... 1070
Beamont, Edward, a bill for tbe rslief of, (in-

gtaoned for a penalty dae the United
atea,} read twice .... 1077

read the third time, and passed - - . lOm
Beanmarchaia, the papera reJattog to tbe claim

of, referred to the Committee of Claims - BSD
Beaumont, Richard, a bill for the MaCoC, read

twice, and committed .... si3
Belligerent Orders and Dccraea, a reeidalion
adopted, requesting the Preeidenl to eaoao
to be laid before the Uonse, copies of aD,
affecting neutral rights, dec - . - 4SS
a Meesige from the President in nply, ot^
derad 10 be printed . . - . 90a

Bibb, Mr., remaiks of, on the bill to depHTO the
Territorial Ooremora of the power of pro-
roguing, dtc. - - - - ■ - 601, 509
on the bill for altering the time fai the next

meeting of Congrees .... lOtB
OB the non-intercoorse bUI - 1449, 14B3, 1408
BUdledge, Mr., remarks of, on the biU autborti-
ing an additional number of revenue ent-

531, I

- 1607

of the Mauritiaa and Boailwn tiies - - 1661
of the rlTcrs Elbe, Ems, and WeMr, proda-

mation of.by the KingofOreat Britaiu - 1695
general, of all the ports of France and coon-
tries in alliance with her - - -1 608
Blount, Mr, remarks of; on the ScBale bill to en-
force tha embargo .... iigS
on the amount of appropriation for repaiiDg

frigates Ifin

Bonds, the Committee of Commerce and Uan-
ftctnres wera instructed to inqnir* inU
the expediency of amending tha lawrvln-
ting to, wquirsd for enrolled Tcels - 1041

Boyd, Mr., ramaiks of, on the n<

InU

■ 1518

Boyle, John, of Kentucky, attmded in his place 610
Briggs, Isaac, a bill fi>r the relief of, read twiee^
and committed ...

.yGoogIc

Bouae PTOCtetHngt and Debatm.

Pag..
Britiah merduiiU, ■ pttition of landrT, prajing
an eilantioii of Iha power of circuit couiU
to " all cue* iiriciiig aader treitua," wai

laid on Ihetabia 1173

Browa, Re*. O. B., elrctioii of Ihe, ai Chaplain 178
Burwell, Mr., rimarka of, introductorj ofa tmo-
lotion to call 6n copies aT belLigsrenl de-
cree*, Ac. 481

apeach oC, on llie aacond reaolution of the

Committee of Foreign RelatioDi - - 61S
remaika o^ introdactoi; of a reaolatioa of
inquiry iato the dameitic manubctare of

■alt BOS

on the ameadmenta of the Senate to the bill

for increaaing the Nb*7 ... lOflO

on the bill fbr relief of dittreaead aaainen - I0T3
oa hia motioti to print 6,000 copiea of ^
Maaaage and docamenta tODching onr fbr-
^n lelationa ..... 1080
on the bill for alleiing the line of kolding

Iheaext •eeaionof Oongreai ■ - . IIOI
on Mr. Qaini^'a reaola^n concerning the

ctdlectoTihip of Beaton .... 11T6
apaech of, on reaolution to pivpare for war 1279
ramarki ol^ on hia reai^tion relating to the

Preudential alactioa .... 1377
oa the bJl relating to fiireigti liceoiaa - 1S&5
on the bUI to incTMae the Marine Coipa - 15B0
C.
Campbell, O. W., ramarka of, on Mr. Elliot's
call fbi certain papera relating to the em-
bargo - - 480

on Mr. Burwell'i reaolution calling for copiea

of belligerent deeieea .... 481
■peech of, on the edicta of Great Britain and

France SSO

on the fint reaolution of the Committee of

Foreign Kalationa ... - 714

repelling a charge of Mr. Qnin^ againat the

majotit? 9BS

remaika of, on the bill for an extra uaaion

of Congreaa 1028,1103

on the Seaate'a amendments to the bill for
arming and equipping TeneU, S^ 1031, 1D45,
' 1049, 1093
apeech oi; on the bill providing for an extra

■eaaion of Congreaa - . . . 1154
on the non-intercoorae bill - - 1476, 1490
Campbell, John, of Marjland, appeared and look

hia leat • - . - • - - 461

Canning, Oeorge, note from, to Mr. Finkoej . 1007,
1783
circular addreaaad to Miniatera in London,

by 1711

Gajntol, a bill from the Senate for completing the

wings of the 1035

read twice, and committed - - - 1040

read the third time, and passed - - . 1647

the act approved 1835

Caroitdelet Canal, a bill from the Senate making
approprialiona lor deuaning and extend-
ing, to the Miasissippi rivsr ... iiTO
indefiniteljpoitpODad .... 1341
Oatawb* and Wateree Rivera, report on the pe-
tition of a company for opening the nkvi-

gationof 1184

Chaplaina, a joint reaolutloo of the Sanata to

appoint two, agreed to ■ - .471

id grant of land tt
read twice, and committed
postponed indefiuilelj
Chittenden, Mr., remarks of, introducing a reao-
lution lo repeal the embargo -
Circuit Courts, a committee appointed I

aider whether any, and what, amendments
are necessary in the act eatsbliihing, dtc.
to, presented, read twice.

miltad

the comnjittee discharged from its further

consideration I

a bill from the Senate aupplementary to the

act to amend the act eatabliahing
read three times, and pasaed
the act sppraved ...
Claims, appointment of the standing committee

of

Clartuon'a History of Slavery, presented for de-
posits in the Library of Congress •
Claxton, Thomas and Junes, an allowance to

each of on« hundred dollan authorued
Clay, Matthew, of Virginia, appeared and took

remarka of, on the bill supplementary I
act ratabliabing certain conrta

IITO
1807
1810

1548

Clay, Joaeph, the resignation of, communicated

by the Governor of Pennsylvania ■ - tii

Clinton, George, declared lobe elected Vice Pre-
sident of the United Sutea - - liU

Cloplon, Mr., apeocb of, on Iha edicts of Francs

and Great Britain .... S91>

speech of, on the non-interconrse bill • 1452

Closed doors, on motion of Mr. Randolph the

House went into session with - - 630

Cochrane, Heat Admiral of the Red, inatnictions

of, to his commanders - - . . 173T

Colleclorsbip of Boston, Mr. Quincy submitted
two resolutions relating to the, which the
Houao agreed to conaider ... 1176
Mr. Quincy moved that they lie on the table
until to-morrow and be printed, on which
motion a discuision Itoi place . - 1170
the reaolutions were rejected, one yea to one
hundred and seventeen nays - - - 1183

Commarceand Manu&ctures, appointment of the

standing committee of ■ "*"

utation Pay, n
Cera, residing in

who served in the war of the Revolntion,
praying relief for losses sustained by, 1

memoriala of sundry officers of the Massa-
dinsetta, Maijland, Virginia and North
Canilina lines .....'
memoiial ofanndryoffieeia ofthe New York

the memorials all ■eferred to a eelsct com-
mittee 009

a petition of those who served in the Dela-
ware line, referred to the same - - 081

memorial of sundry officen of the Virginia
line, refarred to the aama . - . 1040

memoriala of sundry officers of the New York
and Maiyland linee, referred to the aame 10C9
Congress, Mr. Smilie submitted a resolution for
a committee to inquire into the expediency
of proridingby lawforan extrasesaiont^, IDSC

.yGoogIc

INDEX.

/fimw Proetedingv fmd Dtbatet.

OoDfrMS— eontinoed.

the r«M]ntion adopted ....

the commitlM repoilad a bill to alter the
time, &C., &c^ which wu twice read and
oommilted - 1064

read ths third lime, and paaed

•a ormemben elected in Penniylva

lots

M38

CoDBQiaorthe Freneh Republic, decree of the,

eoDcerning neatral Tsnelj . . •

Contintent fund, the Preaidcat traiinnitted en

account of the
Cook, Mr., nmariu of, on the belligerent edi
on the bill to impoee additional datiet
on the Don-iniercourH bill 1468, IBIS,

on Ike amendmeBti of the Senate to the Inll
inereaaing the NaTj lOtS, 1088, 1013,
on the motion to print certain papati
on the bill to increaw the naial fsrco
apoecb of, on Mr. NicholaB'i ramtulion
CoUon, Daniel, a &Tore1>le report on the petili
of, referred to Committee of the Wholi
die report igreed to, and the Committee of

Claim* ordered to tiring in ■ U" -
■ hill for relief of, preaent*d, read
committed ....
ie»d the tbtrd lime, and paieed ~
CMUta of South Carolina, a bill to alter the time
and manner of htddiog the, read IhrM

time* and paned IMS

Crime*, a committee wu appointed to inquire
whether an; and what ameniiinenti are
neeeanrj in the act to pnnidi certaiD,
agalnit the United Stalee - . ' - 909
Cnlp«p«r, Mr^ ipeech of; on non-intercoaiM blil M94
Cumberland Boad, the Ih'eMdent traiumitted the
report of the Comminionen of the, which
waa referred to a arlect committee - - B6B
another Meauge from the eame wai clmilar-

Ijf referred I43I

petition of auDdi; inhabitant* of Virginia

relatingto the, referred to tlw aame • 1433
• bill in addition to the act for laying out
and making the, read twioe, and commit-
ted 1441

the retwrtof the CouniiMionereof the - )7M
CuKoma, the Committee of Commerce and Man-
Dlkcturea were iaatructed to inqnire wfae>
ther an; amendment ought to be made to
the law relative to compenaation of the
oficen of the .....
s (nil anthorinng credit to be given to cer-
tain coUecton of the, waa read twice and
committed ....

- 14»9

D.

Dana, Mr,, rematka oT, on ftiing a Jay to mn-

aider the embargo reaolution - - . 476
OD Mr. Elliot'i reaolutidk to call for eeptaa

of initructioni relatiTs to the emba^o - 479
on referring a reaolntion touching the eatae

Bublect 409

on the bill andioriung an additional nnea-

ber of revenue cutter* - - &31, 62S, 038

on Ibe edict* of France and Great Britain - M7,

MS

Dana, Mr., remark* at — continued.
wUllfV

P««fc

embarfo law* - - - . . MS
on the bill to [mmd* far an vxtni Mwion of

Congrea* . - . - . |0S7, lOSft
OR )u* leaolmion relatiitg to naTtgafian Iswa im
on tba amendment* of the Senate to tlt«

bill for inereaaing the Navjr - lOU, 104S,
1044, 1046, IftU, I0S8
apaedk of, on the reeotnlien for nakmf pee-

parationatbrwar 13M

on the melDtioo of Mr. Nichalaa lUX, 133S,
1S88, 13»
remark* of, on the nou-interoonrae bill 1447,1507
OD Mr. Bacon'* neohtion relating Id date-

aiie mariiime war - - . - . i]g|
in aXflaDatlon o

- 1431

of, which wa* relrrred to the (Com-
mittee of Claim* MI

Daionport, Mr., remaifca at, on an order iidaliig

to lb* ooonl of alaeUnl vetca . 14SS

DawBon, Mr., ipeec^ o( on the flnt reaolatiaii of

tba Cemmittoe of Fonign Relation* - 061
rMiaika of, en the Senate anondmaDt* to

the bill Inereaaing the Navj ... I04S
on the noN-lntercoane tiijl ... imo

Debenturee, a bill sotherisMg the imuv a( ia

certain caaea, read twice, and committed - 906
DelendTe Maritime War, Mr. Bacon lubmittad

a refdotion on the anhject of - - IIS>
which wa* referred to the eoramittee on Mr.
Nicholai'a retolulion .... 1191
Delaware and Cheaapeake Canal Companj, in>
definiu poatponement of the hill relaliag

to the - 1669

D^altmenta, a bill further to amend the avreral
act* to aatahlUi (he TreMSr;, War, and
Na*7, and for other puipoaue, read twice,
and committed - . - - . 1437
read the tbtrd time, and paaaed . - - 1537
returned from the Senate with amendmoBta IMS
tall to the aame efiect from the Senate - IMS

read three time*, and paieed

1G76

Deaha, Mr., rcmario of, on the bill to aathoriia

an additional number of revenue cntten SIS
apeech of, on the reeolntloD* of the Com-
mittee of Foreign Kelatima - - - 779
DieaUed Soldieia, a eommittee appmntad to in-
quira into the eipedienc; (hT [Honding by
law for the relief of Revolulionar; - - SSO
Diaburaement of Public Moneja, Mr. Randolph
mbmilted a reaolution tbr a oommittea to
inqoire into the, b; the War Department,
contrary to laW, Ac, which was adopted,
and a aslei:! eommittee appointed - - 1331
I report from aaid committee, with doon-
menti acoompanTing it, ordered to be

printed IBOS

Diatraaaed Seamen, the Committee of Com-
nerce and Mantliacture* were inatiwcled
to inqnire into the ptopiietj of providing
bylaw for the relief of . - . . 97S
■ IhII preeeated by said committee, read
Iwiea, and leArred to the ComBUtloo of

the Whole 981

radered to a third reading .... 1076
lead the third time, and pa**nd • . . I0T7

.yGoogIc

INDEX.

Boiue Proceeding* and Debate*.

P»ge.
Dutrict ttf Columbia, >ppaintm<nt of the itaiid-

ing eommiltes of ths - • - - 477

wid committee inctructed to inquire vrhtt
■niendmriiU lie neeenar; in the act con-
ceniiDSthe 1043

B bill. coDcerniDic the dTcnit and diitricl
coartmof, read twiM, snd committed - IISS
Docomenti, &c., the Commiltce on Post OScea
and PiHt Roadi were inatiucted to inquire
into the expediencj of providing bj law
fi>i tha Iran (porta tioD of certain, bj mail,
free of pottage ..... 484

aaid committee reported a bill to that effect,
which wai twice read, and ordered to •
third reading 487

another bill from the cams committee to an-
thoriie the conTcjince by mail of certain,
free of poitoge, waa read twice, and or-
dered to a third reading - ■ • • SOI

read the third time, and pataed . • . SID

a reaolation to aupplj each member with
one copj of all public - - - -

anolher bill to aiithariie the tranamiaaion by
mail of certain, free of poetage, waa read
twice, and ordered to a tbird reading

read the third lime, and paiaed - - -

the act approved 1797

Dwell, Mr., remark* of, on the foreign licenaa

bill 941,943

on the bill to pioiide for an extra leuion • 10S7,
1100

on the Senate amendmenti to the bill for
increaiing the Nt-fj ■ - - 1038, lOH

on Mr. Nicholas'! resolutiDii • - • 1S43

ipeecb of, on the aame . . . ■

on the Mafiadiuwtl* meoioriBl
Diltiai and Drawback!, a itatement from the
Treasury Department, exhibiting the
amount of, for three jeaii ' - - 1069

B.

anBMiirom _._ . ..

BlMtoral Votes, Mr. Nidiolaa submitted an order

in ralatioB to the count of • - - 1433

whkh was agrflHl to .... njn

teceplion of the Senate in the Heptetanta-
tiveB* Chamber to witnen the count of - 14S4

statement of the, aa announced by the Pres-
ident pro tempore of the Senate - . 1436

it was moied b; Mr. Macon that a letter
from Mr. Walton, one of tiie Kentucky
Electtin prerenled from attending the Cot
lege of Electors, be entered on the Jonr-
Hal ai a precedent (o show why one of
the, was deficient, which motion after dis-
cusnon waa negatived - - - . 14SS
Electora of Prendent and Vice Prerident, a rep-
Tssentalion was presented from sundry
inhabitants of Massachusetts, stating Qte
tinconstitutionality in the appolntaDent Of,
by the Legislature of aaid State

a nmSar leprseeDtatioa from other inhabi-
tant* of tba same State - - 1041,1241

Ml. Bacon aobmitted a resohition in rela-
tion to said metnoriila - - . - 1376

which wsa agreed to .... 1S77

rend

47a

Elliot, Mr., ramarka of, on fixing a day to «

aider the embargo resolution - • - 470
1 his resolution calling for copies of in-
structions to collectors in relation to the
eiBcution of the embargo laws - - 479
1 the bill to authorize an additional num-
ber at revenue cutters .... 6ii
1 th« bill from UiB Senate to enforce the
embargo laws .... 962, 094
Embargo, Mr. Chittenden submitted a resolution

to repeal the *e*eral acta laying an • 474

the resolution referred to a Committee of

the Whole 475

a debate Ihereon 080

ordered, with others to the aame effect, to lie

on the Uble 962

Mr. Elliot aQbrnilted a reeoluljon calling tbr
of instrucliona to collectors and
in relation to the execution of the.

la*

478

ordered to lie on the table

the resolution adopted .... 4S3

■ report from the Seeretaiy of the Treaaniy
in answer to this resolution - - . 1I7S

on motionof Mr. J. O. Jackson, resolved that
proTision ought to be made for more ef-
tectually eiecating the laws laying an, ftc 463

Mr. Mnmfbrd submitted a resolution for the
partial repeal of the, which was referred
to the Committee of the Whole - -

apethion from citiie^of Dntchets eoonty,
Hew York, praying a repeal of the, was
referred to the same committee

sundry similar petitions from Massacbu>ettl^
referred to the same . . - .

Mr. Macon submitted a reaolution to amend
the acta relating to Ibe -

which reaolution was agreed to -

sundry petitione for repeal fron Ontario
county, riew York, referred to the Com-
mittee of the Whole having under con-
nderation Mr. Chittenden's reaolution -

sundry petitions to the same efleet ttt>m Baf-
foik cQun^, New York, refi»rT«d t '*

a bill from the Senate mon efieclually to

enforce the -
read twice, and eomtnitted
the Committee of Ae Whole discharged, and

tiie bill referred to a select committee
tqwrted by said committee with amend-

menta, and eommitled to the Committee

of the Whole
the Bmendraents reported by the select com-
mittee were severally agreed to
debate on the !nll and a mend menta
ordered to a third reading -
read the third time, and pused as amended
the act approved ....
Mr. Gardner oSered a reaolution on the av

ject of, which was declared ont of order
Mr. Van Cortlandt did the same, with the

same eflfact ....--
a petition from sundry inhsbitanle of Weat-

morehiQd county, Pennsjtvani

tion to the ....

6H

loss

1034
17»S

.yGoogIc

INDEX.

Bonae Proeetdiiigt and Debaif.

, P««».

k MtilioD from otiicDi of the eil; i^ N«w

York, rafgrrcd to tbi commillM on tli«

rMolutioni mbDiitted bj Meun. NichoUi

ud Bkcon ISU

a petition from citiieiu of MuMcbuJctti, n-

leireil u thi Gnt petition - . . 13S1

ft petition from citizeni of Nuw Huopthin,

referred h (he Ant petition ... 1376
a petition ofdtiuuof New York, limilarl;

referred ...... IS76

a bill to repeal as In all nation* eicapt

France and Great Britain, aAer the 4th

of March tiezt, waa praaeDtad, read twice,

■nd committed ..... 1433
mpT of the memorial of the citiieni of the

Third Ward, in New YoA, for repeal of IT77
Emperor of the French, the decree of tbe Slat

ofNoTsmbei, ISOB.bj the - . 1749,1760

decree of the ITth of December, 1607, bj the 1761

Bogineaia, a bill from Iha Senate making fuithai

proviiion Ibi tbe corpa of, read twice, and

committed ......

indefinitely poetponed - . - . 1669

Eppei, Mr., remarka of, on fixing a dsjr to oon.

aider the embargo reaotution*
■peecb of, on reeolntion to laiae volunlaora 960
he contiadict* an aaaertion of Mr. Quincj ■ 964
ramariu of; on the Senate bill to enforce the

ambarpi .... SU, 966.
remaika oC on the bill proTidlng bt an ex.

speech of, on the extruuaioD of Coagrea* II17
remark! of, on bill to ifteue the naval force 1 187
apeecfa of, on the leaolDtion to prepare for

war 1151, ISBO

apeech of, on theDOQ-iDlereouraebill - - 1610,

1034, isas

apeeeh of, on the bill gianiing land to the
Delaware and Cbea^>eake Canal Com-

paOT 1668

Erakine, Hon. D. H., latter from the, to the 8ec-

reUiytfSute 16H

EseentiTe Uiredor;, decree of the Id of Juljr,

ITSS, b; the, of France .... 1743
decree of the 3d of March, 179S, bj the, of

Fiaace 1743

decree of Iha 18th of March, 17BB, b; the,

of France, in explanation of the above . 1747
decree of the 2Stb of October, 1799, bj the,

of France, ai to the crewi of Tenela - 174S
decree of the 14(h of November, 1799, bj the,
of France, a* to the mode of executing
the aboTO ... . . 1748

EiacatiTe Documents, Mr. Randolph anbmitted
a reaolution in remoTa the injonction of
aeerecj from the, which waa rejected - 814
Exports, a statement from the Treaautj Depait-

nentofthe, prior to 1st of October last • SIS
F.
Finances, ao moch of the President's Measage aa
relates to the, referred to tbe Committee
of Wajs and Means .... 4S3
state of the, reported by the Secretary of the

Tieasnrr 1700

nk, Ht., remarks of, on the Senate amendmenta

to the bill for increasing the Navy - - 10S9

Pagi.

Fiak, Mr., remarka of, on a notion to print car.

tain papen 10S7

rematka of, on the non-interconiae bill . 1511
remarks of, on the Maaaachuaetta memorial 1639
remarks o^ an the bill relating to foreign

liccnae* to vessels 1666

Foreign Licenses, a bill to prohibit A
vesscU from receiving, presented
read twice,' and committed
reported to the House
flnt section of tbe bill Mnjck oat
ordered to a third reading .
read the third time, and pasaed .
Foreign Relations, appointment of a committee of 483
aundry resolutions respecting onr, were sub-
mitted by Mr, Macon .... 49s
Mr. Campbell, from the committee of, made

a report, which was read ... 514
fin hundred copies of tlie said report order-
ed to be printed ..... 5S1
firit reaolulion of said report carried nem.

con., and tbe second agreed to - . 611

third resolution agreed to . . . - 6S8
Mr. D. R. Williams submitted two resda-

tiona touching our, which were agreed to &80
the second resolution of the committee - 865
. a division called for, and a motion to amend 887
the amendment adopted, and the reaolution

so amended agreed to . . . - SM
the third reeolution was agreed to, and the
two laal mentioned referred, respectively,
to committees on the President'* Mniage 896
a Message from the President, eommniu-

eating certain papen touching onr - . lOM
Ave thousand eopie* of the aame ordered to

be printed I09S

with a sequel to the correspondence belbre
communicated ..... isS9
Foreign Veaaels, a bill to prohibit ttM entiy of,
into the ports and harbors of the United
States, read twice, and committed - - m>
Fortidcationf, ao much of the Preudent's Maa.
sage aa related to, referred to a aelact 00m-

mitlas 481

a hill to complete certain, lor dafenea of porta,

&c, read twice, and committed . - 1993
amended and ordered to a third reading - 1 171
read the third time, and passed as amended 1IB8
retnrned from the Senate with an amend-
ment 130S

the act approved - - - • - 1811
a bill from the Senate to the same dfect, and

for other purposes . . - . . 1170
(See CanmdtUt CimtJ.)
Tat, Mr., correspondence of, with Mr. Monroe - 1693
1694
Franoa, papers relating to negotiations with,

Uansmittad by the President - - - 1654
1 list of tbe decrees of . - - - 1737
Franking Privilege, a reaolation anbmitied bgr
Mr. Randolph granting to membera the,
for all papers, dtCn touching the pnUic
aervioe, was referred to the Pool 0£c«

Cammittae 495

the said committee were initmcled to bring
in a bill granting ttie, on the Prewdent'a
Measage and documenta theteinlh «f the
33dDM:ember 946

.yGoogIc

Houae Proceeding* and Debatti.

P-ge.
Fredfrick Caan^, Marjlind, Mr. Nelioii pre>
•cDted ■ paper from randrj InhabUiDla
of, pMgiag theiaaelret to tb« rapport of
the OoTerDmant ..... IfiST
French Agenti, decrea of, in the Wert Indiei ITG3
Franch Republic, Ian of the, iletanniaing the

charaeter of the tmmI Ironi hdr cargo - 174T
npealing the firat article of their miritiiiie

cmiaiDf law 1740

G.
Omrdenwr, Barent, of New YoA, appealed in

ipMch ot, an thefinlreaolation of the Com-
mittee of Foreifu RelatioQi - - 630^
on the reaolution to raiie ToliiDleen . M6, 1 169
OD the motion to print certain docamente 10B3
1093
renufka of, on the extra aeadon bill - - nS4
apeech o^ od the reaolntion te prepere for

war 1269

on the Don-intercoane biU - - 14S0, 1626

on the bill aupplementar; to the Mt etlab-

liahing coBita - . . . . 154S

on Oeneral Wilkinion'i acooanta - - 1676
Oudner, Mr^ rsmarki of, on the fatMgn Ucenee

UU

on the reaolntion to ti

B the Naval Ea-

948

on the nan-iDtercoDrw bill ... 1613

GeorgetowD, Diatrict of Columbia, a luppletneu-
tarr bill relating to the charter of, read
twice, and committBd - - . . 981

a meokorial offundi? inhabitants of, object-
ing lo the paaeago of raid hill a* it atanda,
referred to the aame commitue - - 1070
. a bill from the Seoat* supplementarj to the
act to amand the charter of, read twice,
and commiltad to the Cominittee of the
Whole 16D3

Mid CommittM Toee, and were reliiaad leave
toiittgain 1663

taken np in the Houae, amended, read the
third time, and paaied .... 1663

tetaraed ftom the Senate with diaagrcement,
and the Houae recede .... 1663

the act approved .....
GhoboD, Thomaa, jr., a new member from Vir-
ginia, appeared, and waa qualified -

apeech of, on the Snt reaolution o{ the Com-
mittee on Foreign Relationi - - .

remarkB of, on the Beaate amendmenta to
the Irill iacreaaing the Navy ...

on Mr. Qnincj'i resolution concerning the
eoUectonhip ofBoetoo - . . . ii7fl

on Mr. Nicholaa'a reaolution ... 1318

on the non-iniercourae bill - ]6U, 1518

on the aupplementaiy bill cooreruing courti, 1648

on receding from disagreement to (he Sen-
ate'! uaendment to the Navj bill . . 1661
Government, a faill making appropriationB for
BDpport o^ for 1809, rvad twice, and com.
mitted 1183

ordered to a third reading - - . . 1430

read the third time, and paeaed - - - 1433

returned IVom the Senate vrith an amand-

Bkid amendment agreed to -
Ihe act approved

1836

1049

Greftl Britain, p^et* relating to uegotiationa

with 1601

Acta, Ordera inCauticil,di^, of, 1666, 1887, 168S,
1689, 1«86
Great Britain and France, Mr, Campbell'a firat
reaoltltion relating to the edicti of, dia-

coaaed 630

agreed to, and the aecond readatioii carried 613
the third reaolution agreed to - - - 038
Great Britain, France, and Spain, papers relating

to uegotiationa with . . > . (6B6
Grenville, Lord, letter of, to Mr. King - - 1 600

H.
Harrowbj, Lord, circular of, to the Ministen of

neutral nations ia London - - - 1693
Hastinga, William, ■ bill for the relief of, read

twice, and committed .... 1561
read the third time, and passed ...
Hawkesbary , Iiord, initructions o( to the Courts

of Admiralty, Commandera,dtc.
Heard, John, a bill to authoriie the diacharge of,
from imprisonment, read twice, and co:
mitted to tlie Committee of the Whole
Holland, James, of North Carolina, appeared

remarka of, on the eitrasessioD bill -
on the Senate amendments to the bill fori

crease of Naval Establiahment
on the bill for relief of distreased seamen
on the non-intercourse bill 1493, 1606,

on the Maaiichusetti memorial
on General Wilkinson's accounts

Houae of Representative*, membera in attend-
ance at the meeting of the . . 469, 470
hours of daily meeting of the, changed
a motion to rescind the order for the change

■s above, laid on the table - - - 1606
called up and negatived - . . . 16] |
adjournment of the, nru (£e . . - 157S

Howick, Lord, letter of, to Mr. Monroe - - IM6

Indiana Territory, several resolutions of the
House of Representatives ol, containing
certain propositions, read ... 484

a letter &om the President of the Legisla-
tive Council of, protesting sgainit the
admission of slavei? in, and other papers,
&e.,read - 601

referr^ to the committee to inquire into
the expediency of dividing ... 806

proceedings of the grand jury of BL Clair
county, praying a division of, mad - - OSS

a committee qnminted to Inqaire into the
•ipediene; of dividing - - • - 800

a report Irani aaid committee ... 971

report agreed to, and bill OTdeted - . 978
' "1 preaenlMl to divide, raad twice • - 1078
Aellurd '

166S
1698

1027

1038
1073
1616
1639
1670

read uellurd time, and paaaed •

- 1094

a petition m oMoaittDn to ttia division of • HGZ
certain prooeedinga of the grand Jury irf

Randolph county refermd to the aame - 901
a petition from simdry inhabitanta, relating
to the election of Repraaantatives, refiined
to the same - 1329

.yGoogIc

H«utt Proceeding* and Debatet,

Infirm uid Diwblcd (Metn,&ie^ ■ bill for tha
Mlicf oT, preiBokd, rMd Iwim, uid eom-

mitted SH

uAended and rsccmmitted ... 070

Toporlad with UMndinMiU ... luo

CMtmitMd to ItM CommitlM at tha Whsla 1041

iBland Nxiguion, tb* petitloa of

jKajins kid in opMiDg otrtau x'ltan.

worOeoiisnitotlis

hii ihipf of wu, Ac
byroourao, Mr. Eppaa aubnitted > iMolntion to
cauo >ll commercial, with Great Britain
and France and their depcDdancie*

raferred to the Committos of tha Whole
Mr. Chittendea'a reaoludon -

■ bill to interdict eonuntrcial, with Great
Britain and Franca, read twica, acd c
mittad

reported and ordered to lie on the table

• bill ftom the Senate to a like aOecl -

read twice, and committad

reported and ordered to lie on the table

c^ed Dp, amended, and ordered to a llutd

read tha third time •

IBM

1096

theact approTed ....
Internal Manuiaetu tea, aumuch of the Praaident'e

Meaaafe aa relatei to the encouragement

or,«ai referred to (he Committee of Com'

mere* and Manuraclarea
IttTalid Panaionera, a latter fhH> tha Socrotar; of

War concern] DB, referred to tba Commit-

toeof Wa}e and Meana . ...
a bill ooncerniag, praaantad, read twica, and

committed .....
reported with amendinaDte, and ordeted to .

third reading .....
read a third time, ordered to lie on tha table 1493
reconmitud to tbeCoaiDiitteeoriha Whole 1603
reported with amandmenli, which were not

agreed to, and the bill waa reeommitled - IGM
•gain reported with amendmenta; agreed

to, read the third tinia, and panad . • 1M4
retamed from the Senate, with amendment 1MB

which waa agreed to 1667

Ike act approTed 1647

another report ftom the Bocretaiy of War

on the aabject of 1361

which waa referred to the Commlttae of Ae

Whole, having charge of tha UU - - 14X3
J.
JaAaan, Richard 8., a n*«t member Ami Bh*de

laland, Hipearad, and waa qnaKAed - • 481
remarka o^ introdnctorj of reaatntiona more

eftctuatlj to execute the embargo lawa - 483
Jtekaon, J.G.. (from Virginia,) rtamika of) on tba

bill to luthariiB addiliDiial raranne cnlteia 636
iMkaiia of, on th»sdit«a «f Grmt BiilaiB and

Ficnoa- ...... 660

apoech of, on the firat reaoliBon of the Cem-

mittea of Foreign Ralationa . - 6S4, S07
calla Hi. Quae; to order ... • 964
remarka of, on the bill to enlbreo the ambaigo DIM)
NMarka of, on tba BmaDdmantaaf the Sao-
•aU to the bill la intreMa the Naral Ea-

UUiahment 1060

Jackaon, J. O., (from Virginia) — continuad. Page.

renarki of, on the hilt to proride for an aun
aeaaion 1098

apeech or, on the aame aubjact - .. - lisi

apeech of, in replj to Hr. Qnincj . - 1 148

■paech of, on the reaolntioo to preparefarwai 1X54

remarka of; on Mr. Burwell'a lewlation la-
latiog to tha Preaidcntial election - 1376

tpMcbof,onthe leaolutioneof Meaara-Nidl-
olaa. Bacon, and Dnrell ... - 1377

ramarktaf,onthaiton-intarconrBabiII 1607, IUI9,
1616. 16S0, 16n

remarka al, on th« biU relating la fimiga

licenaaa 1666

rCMarka of, on the bill relating ta engiMaMa 1669

remarka of, on raoading faun diaagTeement
with tha BewaW on the bill raUliDg to tka
War and N«j DepartmenM ... 15M

apeech of, on Gan. Wilkineon'e aeconnla 1667,1674
Jaduon, J., remarka ol^ on the bill to provide Iot

an ^ira aeaaion ..... |039
JaStnon, Tfaomaa, a bill from the Senate to gnut
On franking privilege to, read threa timea,
andpaaaed 1603

tha act approved ..... isst
Jenkine, Robert, IVom Penniylvania, apiwand ia

hiaaaat 4TS

Jennings Daniel, a report of the Secretary of the

l^easory oa the petition of, nad - - 1537
Jobnaon, Mr., epaech of, on the Britiih and French

edicta 681

(peech o^on the amendmentaof the Senate
10 the bill to increaaa the Naval BiUbluh-

ment 1063

Jonea, Walter, from Virginia, appeared and to^

hiaaeat 471

Judicial 8<ritani, a bill Irom the Benata further lo

amend the 789

read twice, and rafiured to a leled commit'
tee 807

reported without amendment, and commit-
ted tc a Committee of the Whole . . 616

nported, and recommitted to the aelect com-
mittee 896

reported with an amendment, and rcfened
lo the Commillee of the Whole ■ • 1093

amendment agreed lo, hill read the third
time, and puaed ..... IMf

the act approved ..... 1834

Kaakaakia, the Commitlae on Public Landawera
inalrucled to inquire into the expediencf
of reviving and continuing in fbrca tlu
act authoriiing the Commiauonera lo in*
vealigate claima to land in tha diatrict of 564
a bill to that aSect read twice, and omiinit-

ted 788

ordered to a Ihird reading .... 898
read the Ihird lime, and paaaed ... 901
the ad qiproved ..... 1811
Kelly, Jaaiaa, <3t Fenn^lvania, appeaaaJ, and

took hia aaat 488

Kaaan, Thomaa, of North Caialina, ajipeaiad,

and took hia aeat . - - 483

Keotackj, tha memorial of aundrj Batualmad
ciliiana ot, animadverting on the tyranni-
cal aaaumpticma of Oioat BdUin, waa T*-
fanad to a aelACt commjtlaa ... 610

.yGoogIc

DTDBX.

Bnae Proatdingi and Debate*.

Key, Philip Barton, of HairUnd, ■ppeared, uid

took hia leat 4B3

■peeeh of, on the finl resolotian of the Com-
mittee of Foreign RelfttioQi . - • 767
on tlie 8en«te's ameDdiiiente to the bUl bt

incTMiing tlie NaTj .... 1060
an ^e motion to print certain papen • - 10B9
r. Nicbolu'a renilotian - • tSU, 1363

a them

bit)

KIttaM, Edward, (commantlins Britiah ahip Sa-
brina,) application of, to tb« anthoiitiee at
Carthagena for releaea of priaoneie en-
gaged in Miranila'a eipeditioa - • '

Knox conntj, Kentuckj, the Committea of
Claima made a favorable report on the pe-
tition of inndry inliab[tanti of,i*hidlwaa
refened to the Committee of the Whole I
vbo concnrred in the aame, and the Hoiue

agreed thereto - - ■ - - '
n bill for the relief ofnid petmonera waa
rsad twice, and committed - - - I

Land Office, a reaolutlon waa kabmitled hj Mr.
Poindeiter inatracting the Committee on
Pablic Landa to inqnin into the expedi-
«ner ftf eatabliahinga, in the Territory of

Ori^ns "83

the reaolDtion agreed to - - - - IMl
Lettera of Marqae and Repri>al, ao mnch of Mr.
Nteholai'a reeolntioD aa relatml la, waa

atrack onl 1«1

Lewia, Mr., remarki of, on the Senate hill for

ooBj^ting the Capitol .... 1M6
on the bill making further pioriaioB fiw the
eorpa of engineer* . - . . • 1669
Librarian of Congreea, a r«*olution waa aubmil-
ted, inatracting the Clerk of the Hoaae to
faniMh to the, two seta of al[ decnmenta 1S70
refcrred to a cammittee - - - - IMl
the reMilDtion adopted .... 1376
Library, a jdnt rawtntion from the Senate to ^>-

pointa joint committee on the - 1638

■greed to, and a conmiUee on the part of
the Hoaae appointed . - - • I64S
Umitation, a biH making jnmtioa tbr certain
datma barred by the atMato of, waa read
twice, and commitled - . - - 039
Livermore, Mr., remarka of, oD dw tevenna eat-

tetbill 6M

on the belligerent edicta - - - 660, GM
on Mr. ChtKenden'i reaohilioa -
on Senet* biU to enfbroe cmhurgo B8C^ BST, 980
apee<4i of, on the aame mbfect - - - IOCS
renaike of, on the non-intorconrae bill > 1604
on the Manachnaetta memorial - - 1688
on the bill making Ihrther jmiTiaion Ot the

eorpa of engineer* I66B

Li*tngBton, Edward, the petition of; stating hia

dalm to tbe bMtore at New Orleans

Lla]rd,Mr.,i«maikaor,onthcbi)t loauaoriie -

additional reTenoe enttera ...

on die Don-inMreootae Inll - • - 14S8

Lottery, the petition of the veMry of Uie B^aM-

pal chnrch in Alexandria, for anthority to

raia* a aertaln anm by, rafen«d to the

Committavon the Diathet of Celnmbaa -

Page.

Louinana Territory, a reaolntion waa aobailtled
by Mr. She* to inatruct the Coraniltee on
Public Landa to inquire into the elpsdi-
ent^ of laying off certain landa in - - 4M
Lore, Mr., remark* of, on the reaolntion calling
for the iiutroctioni giien aa to the eiecu-
^n of' the embargo law* ... 479
apeech of, on the first rnolation of the Com-

mittoe on Foreign Kelationi ... 688
remarkaaf, on the Senate aaendmenti to the

bill inereaaing the Nary . . - 1048
on the motion to print certain papera - - 1084
on Mr. Quincj'* reaolalion tonching the eol-

lectonhip of Boaton - - - -1177
on the non-intorcouna bill - 1449, 1498

on the bill further to amend the judicial sys-

Um IMT

on Mr. AlBton'a motion to reject the Senate
bill relating to War and Nary Dapart-

menti 16M

Lyon, 'Matthew, of Kentucky, appeared and took

bi,«i»t- - - - - - - 630

■paech of, on the belligerent edict* - - 661
remarks of, on the reaolotioD to increase the
Naval EsUbliahment - - - - 979

on the Senate amendment to the bill on that

subject 104S

on the motion to print certain papen - - 1090
on the bill to raiae yolunteera - - - 1189
on Mr. Nicholaa's re»olution . . - 133S
on the non-intorcouria biU 1618, 1G18, !&»
speech of, on ihe second embargo resolu-
tion, dK. mi

remaik* of, on the non-intercouise bill - 1604
on the bill to prohibit the use of forugn

liceneea "**

M.
Macon, Mr., remark* of, on fixing • day to con-
aider the embargo resolution* - - 4T6, 417
apeech of, introductory of certain reeoltltiona

touching our foreign relations - - *•'
on the fint resolution of the Commitlse of

Foreign Raladons 869

remarka of, on the reeolntioD to raise Tolun-

tMri 968

on the reaolntion that it is expedient to hold

an extra aeadon 1036

on the Senate'a amendments to the Naval

Establishment blU 1038

speech of, on the same aobjeet - - • 1061
on the motion to print certain paper* - - lOM
on the bill prondiDg Ibr an extra aesaion - llOS
on th« nan-intereoorae bill - - 1487, ISOO
remarka of, on the Army and Nary appio-

Mkdison, James, declared duly elected Preiidaut

of the Unitod SUM* I«6

a eammnnicatlan &om, fixing the time fiir'
taking the osth of offict .... 154B

Mail, a resolotion was adopted inilructing the
Committoe on Post OfRcea and Post Ro*^
to inquire into the eipedieacy of estab-
liaUng a, staga to certain plaeea in Ocor-
gia WO

Marhl^oad, a petitian ot Ike inhabitant* of, pray-
ing a brther bounty on fiah, waa refeired
to a Committee of the Wbala - Ml

Digitizcd^yGOOglc

Boute Proceediugi and Debalf.

Pago.
Hinae Cotpa, • bill mipplflmenUl to th* Ml «•-

tabliihing s, nad twice, and comqiittMl lOM
a bill 6om ths Senate to augment the, leaJ

twice, and committed ....
reported without imendmeDl, and ordered

to • third reading . - . . . 1660
read the tbinl lime, and paued ... 1663

the act approvad ISU

Uarine Inaurance Compan; of Aleiandria, a

bill to antboHM the, to change their itjle

and la iniure againal 1mi b; fire, nae pr»-

•ented lOU

read twice, and committed

the commiltea diacbarged from ita fiirlher

coneideratioD ....

a third reading reliieed
Mtijnera, a teioludon lubmilted by Mr. Dana

relative to American, wa> adopted .
relerred to a lelect fommitlee .
(See Seanttn.)
Marion, Robprt, of 8omh Cirohna, appeared,

took hi) eeat

lemark* of, on preienting a petition praying

aid (or opening the naTigation of certain

oa the non-inlercoone bill . . . - lfil7
Utaaachuaetta, a memorial of the Legiilature of,

waa referred to a aeleet eommittae -
Maalen, Joaiab, of New York, appearad,

apeech oC, on the edicti ...

on the bill lo enforce the embargo S34, H3, 090

on a point of order ....

on the Senate'i amendment* to the bill ii

creaaing the Nary, du:. - . .
on the non-inlereoune bill
on the bill making fnrther prorlaian lor (he

engineer caipa ....

on the bill to increaH the marine corpe

MtCreery, Mr., apeech o^ on the bill to prohibit

the eiportation of arma, tee. - - . IMS
MoLalond, William, report of the Secretary of
War on the petition of, re&rred to the
Contniltee on Claima .... 1339
Meiga, Return J., and othera, on motiou of Mr.

J. O. Jackaon, the memorial of, preeentad 1807
reftned to a aeleet committee ...

914

ort thereon -
ill giving further cc

twice, and committed •
Merchant VeaaeU, a reaolalion lubmitted W Mr.
Dana that it ia expedient to provide for
regulating each, aa may aail in concert for
mntnal aanatanee and defence, referred to
the committee on Mr. Chiltenden'a reao-
tutwn ....... fin

at the requeet of Mr. Dana aaid eomnittee
I were diacbaiged, and the reaolutiini re-

fihrred to a eelect committee - . 801

a reaotntion to allow, to aim for their defence,
aubmitted by Mr. Dana ... IMS
Heny, Mr., letter from, to Mr. Madiaon 1691, 1SI»
Meeaa^, announced. (Bee Seimle pneetdiHga,

five ^01

II.)

five tbonaand oopiea ordered to be printed -

tbeconSdential portion of aaid M a»aga read

with cloaad doon . - . . -

47S

Meeeage— continued. Page.

on motion of Mr. Stoty, tha Committee oa
Foit Offices and Pott Roads initiucled to
report a bill authnixing the tranamieaion
by mail of the, uid documentt, &ee of
poetage " . 1030

bin reported, read three timea, and pened . 1 041
Michigan, a pelltion from certain French iidub.
ilanta of; praying that a copy of the lawi
relating to aaid Territory may be pabliih-
ed in the French langnage, raferred - llSl

• bill to that efleet recciv^ from the San.

ate

poatponed indefinitely .... 1553
Military and Naval EitabliahmenI, ao mndi of
the Meaaage aa relatea to the, refored to
a aeleet committee . - . . 4S2

• biU making appropriation! for the auppoit
of, and for other purpoaae, read twice, and
committed ...... 1437

read a third time, and paaaed ... 1537
returned with amendmeal! ... 1548

disagreed to 1563, 1S54

Senate inaiet 1660

House refiua to decide, and appoint eon-

ieree 1561

tha Senate appoint confereea ... 166S
House and Senate amendmenta . - 1675

Militia, so much of the Heasaga u relatee to ra-
viaing and improving the, reflftied to a ae-

lect committee 48S

report thereon -...-. 973
referred to the Committee of the WkAe - 97<

* bill from the Senate to estabUah an ant.
form 1068

read twice, and referred .... 1070
reported, and committed to the Committee

of the Vfbde 1KB

the PresiJent commanicetea a etatement irf'

the 1637

Miller, Mary, and Annie Hampton, report from
the Secretary of the Treasury on the pe-
tition 0^ relerred to the Committee of the

Whole 10S6

Milnor, Mr., remarks of, on the foreign lioense

bUI MS

on the InII to alter the time of the next meet,
ingof Congrees ..... ion

on Mr. Nit^olai'* reeolntion 1830, 1331, 1336
speech of, on tha atme .... 1380

on the bill to interdict cwnmercial inter-
«oarM with Great Britain 1437, 1604, t63>
Minister of Marine, note bma the, to General

Armstrong ...... I87X

Mietiaeippi Terrilmy, a memorial of the Hoose
of BepreMntatiTeB of, praying a reiiaian
of the law relatiag to the sale of public
landa in, waa rafeired to the Conunitlee

on PuUic Landa 471

aaid commiUee made a report thraeon - SIO
which waa referred to the Committee of ibe

Whole 6X8

a bill oonoemiDg claims to land in, granted
by the Britiah Gornnoi of Weet Fleridn,
was lead twice, ai»d comBiltei - 1167
a bill £h the diqpoeal of eertaia landa in,
claimed under Spanish wamnia, waa raad
twice, and committad . - - . )4M
rtfortad wtthool •meodment, and ordered
to a third reading 1433

.yGoogIc

Bouae Proetedingt and DebaUa.

Minnippi Tanitoi; — coatiaMd. Page-

Mad tlie third dme, and puasd - - . 1434

nturiMd bom Uw Bankte with tJamtimvUa 1493

and tha unutdmMiU upeed to • - . 1506

Ihe act tpprorad ' '. ' ' - 1^^

Minwda'i EipaditkHi, Iha petttioii of mndry

Amerioan dliMDa nndei lentenoa, Sax

pailidpatioo in, pMMutcd uid rcleimd • 488

aMpoK tbenon - - - - - fill

the TMolution reportsd dwcoMad .- 896

«iidagiMdto • »Tf

Ifobil*, patitieD of nuidrf inhabibuita of MMb-

Mppi TarrHorj, prating that the Ctm n**-

igvmii of iIm, nM7 ba aacwrad to than,

Nferred to tha SeereUrr of Suto • -1410

Mon^omaiy, Hr., ipaach of, on onr forafgn ra-

latioDa -■--■'. GS3
MiMn, Thonraa, of Sovtb CantiiiB, appaaied and

toofebiaaeat SI I

Moray, 'Samuel, tba patition of, praying an ax-
taDikm of patMit right, waa ndOTTsd to a

aaloct committee 038

Mm^, Mr., remaiki of, on tha rorenne cntler

bUl 629

on the first readation of the Oemmittee ol

Fonisn Relation! 639

apaach of, on the Benate bill to anfrnve the

embatRo 1019

on Mr. Niehi^aa'a raaolntion - - - 1333
Homferd, Mr., (peach of, on tha beDigerent adleta 631
on the firat reaotutioa of the ComtniHae of

Foreign Rektioni 686

N.
National ConTention of Franca, decree of 9lh

M>7, 1T93, b; the .... 1733

deetea of 33d Ma?, 1793. b? the - • 1739
decree of lit July, 1793, by the - - - 1740
NalDralixatioii, ■ bill to eatabliah a aniform ays-
tam of, wai read twice, and committed to
the Committee of the Whole-- - - 864
NatnraliieS CitiicEia, a molution nibmitted by
Mr. Bhea wai idapted, calling upon tba
Secretary of State to report tlui number
of, te^itered ■■ Americana ... 1064
a report in obedieace la said reaoiation
Na«al Eatabliahment, a reaola^n wu aubioitted

by Mr. 8tory to increaie Ihe -
NaTal Force, the act approved authorking tte

emphiyment of an additional -
Naiifttien, a bill preaantcd concerning
tiana far the lecoiity of, read twi
committed ....
Eeporlad withoat atDCndmmt, and ordered

to a tturd reading . . -
lead a third tine, and lacomnitted
Kavy, a bfll from the Benate ■npplemenlary to
Ae act far the belter government of the,

1800

poe^onod indef nhely .... t663
Navy Department, commenU of the Seentary of
the, oD Ihe aoMuntabiiity of said depart-
mant, auggeated 1^ Ihe bill to amend the
aaveral aola for establiahing the Tiaasnry,
Wit, and Navy DeMTtment* - - 1770

(irc^ai ftom tbe^ to Pfary AgenU ■ - 177*
«y»l«ni adopted in the AcoDnnlant's efiee

oftbe. 1776

lOlhCov. sdSsss.— 60

Paw.

Navy Offiaen, Ac., a bin to authorize tiw ■»•

pointment and amfdoymeDt of an addl.

tional umnber of, waa vead twice, and

committed ...... 807

Uanka filled, and the bill reported to the

Hooae 904

read the third lime, and paaaad
latomed from the Senate with ai

and oommittad ..... S7B
the Brat amendment -dtaagreed to, and the

real Bgraed to, wid reported to the Uoiwe 1072
tha House agree te the firat and third, and

disagree to the second, Ibtirth, end fifth - 1078,

1079, lOBO

the Senate insist, and ask a conference - ID80

agreed to, with a reeolotion lo inMst . • 1090

the canferres report a disagreement - . 1167

the Senate adhere IltO

the bill indefinitely poetpened - • - 1241
Navy PcoBon Fond, Ihe Beeretuy of die Ncry

transmits a report of the Cammissioneta

ofthe - - 1170

Nelson, Roger, of Maryland, appeatvd and took

hiaieat 488

speech of, onthefintresolntionof theCom-

miltee of Foreign Kelstion* • - 668, 7M
remarkF of, on Ihe Senate bill to enfcrce the

embargo ...... gso

remaiki of, on the resolution to raise Tolan-

teen 048

renai^a of, on Ule Senate's anandments to

the bill to increase the atytl force 1049, I18S
remarks of, on the Inll to raise volunteers - 1188
speech of, an the resolation to prepare for

war t3B6

speech oi, on General Wilkinson's accoonts 1670,
1071
Napean, Evan, letter from, to George Hammond,

relating to the blockade of Martinique - 1693
Newspapers, thensnalresohilion to fhnlish three,

lo each membn ..... 471
Kewton, Mr., remarks of, en the revenue catter

bin - - - - BSl, 632, 634, 636
rema^ of, on the foreign license bin Ml, 943
remaAa of, on the Saiwle's ameitdDMiits to

the bill increanng the naval force 1043, 1044
ipeeeb of, on the seme subject ... 1066
renaAs of, on the Un fi>r relief oT seamen - 1073,
1074
Mtaarks of, on the Mssaaehuaetts memory] I63S,
1SS»
lemarks of, on the motion to reject tha -Sen-
ate bill concerning the dopertments • IBfifi
nmBriu of. OB the bill making agrantoflatid

to the Chesapeake and Delaware Oaaal

Oompaay 1668

New'yaaT*R Day, die Bonae adjeamed to keep>

a holiday 978

Nicholas, Wilson Carey, of Virginia, appeared

■nd look bis seat 473

remarks of, on the report of the Committee

of Foreign Relations .... 638
Mr. Quincy is called to order by - • 063
remarks of, on the resolution to increase the

Naval EsUbliahment . - . - 978
on the necessity of an extra session - 1037, 1039
on the motion to print certain docnmeats • 1081
on the bUi to raise volaDteers - - - 1160

.yGoogIc

INDEX.

flbuM ProcMdingt and IMbaUa.

Hicbolu. Mr., Tsmirki of — eontinDsd.
on the TMolntioa to prepare lor »

HOQ-

- 1178
on tbe motioQ lo diTiilc aid rewlnlion • 1333
on hii propoMd ordgr relBting to th> eloeto-

nl voIm -.-... 1433
en Um non-int«rconne mi . •1U0,1SO1

aptteh of, on Mr. Milnor'i motion to itrike

onl Ihg flnt laclion of wid bill • 1443

InlOTCODna, a bill on the •uMect of; n»A
twtoe, uid referred to the Oommitlae of

the Whole 911

llu CommittM of the Whole diMsharged, end
the bill Mmmittad to the commiltee who
lepoitad it 1437

■ Maolulion labmiltad bj Mr. Rhea
Mibjectof ....

■ niotution lubmitled by Mr. J. O. Ji
and withdrawn 1438

Nerdi Caroliua, Mi. Maoou praaentad aoadiy
TeanlutioMa of the State of, eipTeKiiig de-
.._■__..__ m auppoit the Ootaniment -

OSeoa of the Uotua, eUra allowance made to

•nndrj 1668

Ohio, the petition of aandr; purehaeen of public
landa in, wm nferred to tbe Comnullee

on Public Landa

a report front laid cmnmittee, referred lo the

Committee of the Whole - < -1098
petition of auodrr iuhabilanta o^ and pur-
chann of land, prajing a lamiMiDD of in-
tereit forfeited, referred *■ above •
Oideri in Cooncil, comnunicBted bj Mr. Can-
ning lo Mr. Pinknej - - - . iflgo
of the llthofNoTembei, 1807, b; Mr. Can-
ning to Mr. PblCDey - . . .
■ declaring all the porta of France in a atata

ofblockade

deduing certain mercbandiae exempted from

tbe foregoing 1701

declaring nlea of reaaeli to the eneniiea of

Great Britain ilkgal .... 1703
filing the time at which the aecond oi^r

abore ahaL go into aflact - . . 1703

giviBg forthei inatructiona aa to ezempbona 1706,

1706

relaaaing the ahipa of Pruaaia and Lnbwt . 1700

rakBBng the ahipa of Portugal ... 1710

Ordnance, a Ull preeentcd autfaoriiing the ^p>

potntairat of a 8n|Mrinteiulent o^ wm

read twice, and committed - . .

OrleaH Territoi7, a raaolntion wa« aahnittad,

directiitg the CommilUe on PnUic Landa

la^bqDira into the azpadlane; of la7in|

off certain landa i
■Qudiy petilioDB of inbabitanta oC relating
to the battoreiiefamdlotheAttoinejOan-

4H

oral

703

a reaolntion auhmilled directing the Com-
mittee on Public Landa to inqnire into
the eipedieoc]! of fraoting right of pn-
amption to aettlen in - - - - 1 188

the raaolutiou agreed to . - . . is4i

Paint, Thomaa, the letter oi; refund to tba

Committee of Claima .... 867
a report from aaid committee ... 1370
Mdued to b« printed .... 1390

Paine, Thomaa — continued. Page.

the report at large - - . . . i7sq

letter to the Honae of Repraaentativea - 1781

letter to the Speaker of the Ronae . 1789. 1784

Parliament, act of^the Britiah, granting to the

King certain dntiea of coetoma - 1711

act to prohibit the eiportatton of oottoawDoJ 1739

act making valid oartun Orders in Conneil . 17S1

act to regulate trade between Great Britain

and the (Tnitwi Btatea .... 1733

PMuion Lial, the Committee of Claima iiutraet-
.•d to iitqniM mto the aipedieucj ofplaong
on tbe, panona wounded in tbe eenice
of the United State* ainca the KeToln-
tionar; war ...... SBS

Fenaiona, Mi. Khea aubmitCed a reaolntion t^

certain, &c be paid at the Tieaafiry - 486
referred to tbe Committee of Claima • . 4B6
a bill preaented authoriiing tbe paTment of
certain, by the Secretarj of War at tbe
•eat of Goveinment, read twice, and ccm-
milted --•-.-. 554
i^orted with amaudmenta, and oideted to
a third reading ----- 399

read the third time, and paeaed ... 898

the law 1797

Philadelphia, the petition of aondiy merchanla
ot prajing an amendment of the act ex-
tending caedit on rerenue bonda, Ac, re>
ferred to Committee on Commv«e and
Manulactnrea ..... ^ra
PbilBidelphia, Brandfwine, and New London
Tun ■■ " - - -

1173

diacharged, and tbe memo-
rial referred to a aelecl committee - ■ 1181
Pike, Captain, a comaiittee appoiuled lo inqoire
what compenaalion ought la ba alJoweil,
and hii companiuna, for eiplomig, &c. - 4B8
report tbereo/i, with a bill makiog compen-
aation, read Iwica, and refn^ to tbe
Committee of the Whole . - . 883
amended and reported - . - . Mt
the report of the committee, with londry

documenta -.--.. I78g
a liat of the pereona who accompanied - ITH
Finknej, Mr., coneapondence of, with the Secre.

tary of Sute, 1603, 1603, ISOfi, 1606, IGOB,
leOS, 1611, 1617, lesi, IS34, 109S, 1643, 1«4»,
1651
ooTTeepondeBce of, with Mr. Canning, 1607, 1610,
1630, 16S8, ISSl, 1689, 1648, 1049, 1660, 1691,
1663
oorreependenoe of, with Mr. Smitb . 165)

Pitkin, Hr., of Connecticut, remarka of, on the
bill to depriTo the TenUorial OoTeraoia
of the protogoing power ... 403
on the revenue cutien ... SS9, 637
on tbe Senate bill to enfiuce tbe embaiga . 983
* on the motion to poatpone tbe bfll to pnt*

vide an additional military liirce - . 1314
Plumb laland, Maaaachueetb, tbe ConiKittee of
Coinuerce and Mannbctnrea inatnicted
to inquiie into the expediency of rebniU.
ing two ligbt-honaea on - - .441

Poindexter, Mr., of Miaauaii^, remaika of^ on bia
bill to uke away bam the GovemMa (^
tba Tetiitoriea the power of prorogning
Ibeir L^ialatuiea - 4H^ 494, 663, Mff

.yGoogIc

AntH Prwxtdmgt and Dthatti.

Poillutil, Maine, k pMilion of taoAij muinen
or, pnjing reliaf from the opMmtioa of the
embarso, raftired to ConunitlM of Wayi .

■Dd Meana 849

on molioa of Mr. Campbell, the aaid eim-
nittee were diKbaiged. - . 1030

Poita and Haibora, a Mcwage from the Preaidcnl,
with a atatement of tha worka of defence
prOTidnl lor the aafetj o^ referred to a
eommittae ...... lou

Poatmaatar Oeoeral, leport from tha^ rMpecting

anpToductive routea^ Ac ... 1330
PmI Office aad Pom Roada, Mr. Bhaa ■nbmitled
«n order, to be ftdded to the mlee and or>
dera, for tha ■ppointmetit of a atandiiig

oommittee of 473

ord*T agreed to, and tbe committee appointed 473
Foat Roads, a bill to altar and abolldi certain,

read twice, and eonmitled ... 1I3S
Potomac, a bill aupplemantaij to the act for erect-
ing a bridge on the, read twice, and com-
mitted sei

Pre-emption, a petition of aandrj inhabitanta of

MiaaJHippi Territorr, praying the right of 140S
refaTTedtothsCommitteeonPublic Lands - 1410
similar petition fromaettlartwuitoftheTom-
bigbee, referred to the Committee on Pub-
lic Landa 1410

Preparation for War, a reBoIntioa mbmitted bj

Mr. Nicholaa relating to - ... 117s
Grat cUnae carried, and referred to a com-
mittee ....... 1360

two reaolotiona anbmitted b; Mr. Dnrell, re-

ferred to the lame - - . . . 13T7
aaid committee diicharged, and the re«oIu>
tiona refsTTad lo the committee on the non-
inlerconrae tuU ..... 1427

Preabyterian Congregation of Alexandria, petition
of thf, for an act of incorporaUon, referred
to the Committee on the Diitiict of Co-
lumbia 1041

a bill preaented to incorporate the, re^ twice
and committed ..... logg
PreMdent of the United Stalea, a joint resolution
from the Benate for appointing a commit-
tee to inquire what further ntoMurea ought
to be taken far accommodation of the, dtc. 1437
■greed to, and b comlnittea appointed . 1441
* bill from the Semite making further proTi-

aion for the household of the - - - 1498

read twice, and committed - . . . 1503

* read the third time, and paaeed . - . 1644

the act 1830

Preaidmt and Tke Prendeot elect, the Senate
report a reaolulion fiir the appatnUnent of
a j<rint committee on the subject of the -1839
agreed to, and a joint Committee appointed 1361
rsportofaaidcommiltee,*ndteller>appainted 1410
apeed to in part bj the Senate, and a teller
on Iheii part appointed - - - - l4ll

Pnaidenttal Election, a reu>lDtion oa tha snbiect

of the, submitted b; Mr. CutU - - IMI
iMohition on the aame aubject by Mr. Bacon 1876
■greed to------- 1877

Prince of Marine, the, dreular of - - - I7H
Printing, the mual reaolution adopted, directing
Uie Clerk of tbe Uooae to advartita and
eontrwt (cr, Jcc 1S61

Proclamation, on notioD of Mr. EQiol, it woa
leMilted to request the ProMdent to cinae
to be laid before the Houaa a eopy of hia,
iaaned in Ajsil last, in conaequence of op-
poaition to the embargo l>w% near Lake
Champlain • . . - ,

■ Meaaaga commiuiicating it

lia, extract fh>m a convention between Hia
Britannic Majesty and the King of .
FnUio Buihlingi^ the President tranamitted
report of the SurreTOr of the .

referred to tha Committee on the Dittrict of

Columbia

Public Landa, a[^nlmenl of the ilanding com-
mittee of . . - - . ■

said committee initmeted to inquire into die
expediency of reducing tlie price of, and
abolishing credit on - - . .

a bill to alter the twin* of aale of, reed twice
and committed .....
Pnbhc Lands, a bill &om the Senate to extend
the time for making payments for the

read twice, and committed -

ordetvd to the third reading

read tbe third time, and recommitted .

read the third time, and paaeed -

PubUo Safety and 8np[4ies, the committee, or-
der of, November 18, 1794 -
of the 3d of Jannftry, I79fi

1433
1433
IMS
1881

Quincy, Hr., of MaaeadiusettB, remarks of, 1
the resolution calling on the Secretan

of

the Treasury fiM- copies of all inatraetioDs
to collectors and others, in relation to the
execution of the act laying an embargo . 478
remarks of, on the reference of Mr. Macon's

last reeolntion, touching the embargo - 499
on the reienue-cutter bill - ■ - 638, EST
speech of, on the reaolution in relation to tbe

edicte of Great Britain and France - - 684
explanatory remarka - . - . . 568
speech of, on the Ent reaolntion repented by

tbe Committee on Foreign Relations - 754
on the resolution to niae fifty tboasand riA-

OB tbe bill for the relief of JisBwsd sea-
men 1073

OB tbe extra session ■ • HOC, 1138, 11 S4
on introducing two resolutions relating to

tbscoUectorshipof Boatba 1173,1177, 1181

on the non-intercourse bill - . - 1488, liWI

on the Masaachtisalte memorial - - 1038, 1689

on the bill relating to liMreign licenses - - 1666

Qaorum, interchange of messages stating tha

formation of a - - . . • 470

Randolph, John, of Virginia, appsared, and took

remarks of, on Mr. Marton'a motion to refer
to the committee on the impiDtement tf
roada, Ac., a petition for aid in opening
certain inland navigation - - - '

remarks of, un the bill to frank certain doou-

.yGooglc

zlUi

INDEX.

ibuM Procttdmgt and D^aiai.

di*

?•««•

Budolph, John, Mr., reniarki at

OB MtlodMiBS ft nMlulioti to
inJBDGlian of Mcncj from eertmn Ssmm'
life docuDianta - . . . .

on M[. Kicbolaa'i naolntlon eonuraiiii
pwpArttiMi far war 1380, IMS, 1S40

OB ths ntolutioD lo appoint m joint conmit-
tM on tha petition* in ntalion totbo eUe-
tin of i:i«:lon of FMsidaat mkd Vita
Preiident tig tha '-cirliturn rf Mnwrhii

•«>• un

on inlrodndDg a reaalntion i^ating lo (ha
diabunniant of pnUio moMya - • isao

on Mr. Nicholu'i reaolution ... 1334

on an ordar Nlativa to the eoutioR at tbo
oloclont \at«a ... 14U, 14SS

onllianon-inuroiiniMbiiU I4B8, IGM, IMI, IfiOS,
ina, IHl

eipluiatory remariu 148S

on the biU to piohibit the eiportattn of
arnw, Ac IMS

0B.iUaccaantiorO«D«naWIIUnaDB 1H», ISM,

1571, lllTS

BalicioDi Boeieliea, a hitl from tha SaasM top**'

Tide fiir tha ineonMration of.ia Ifaa W

triet of Colombia .... . ISOS

nad twice, and ordirad lo a third laading > 13S3

poatponed indefinitely .... 1&S7
BarenDa, a raaolution adopud dwactinK tba 8eo-
retaty of the IVeaiwy to lay before the
HouM a lUtemetit o( boa ail eouiaa,
denrnating each . . .

nport of tha Secretary, in obadJEnoe thai«la 1036

loport of the Secrelaij, eonwstiDr ■>■
in the Rafinar'a (tBlaiBent -
BovaniM Booili, a biU &■« iha Senata ii:

■anlaiy to the aot eitanding ondit oii .

nad twloa, am) oonnltted lo the-Caminlt.
tMOf the Whole SU

Hiendad, and racoBBittad to tha Comtok-
tae of Comment and ManalaetiDM

. 1188

the 8enal« agree with amoBdnuDta

S3«

the law I

Baranna Caltan, an notion of Mr. Blaok-
ledfa, tha Committee on CoaAnane and
Mannfcefraa were inamiclad lo inqniia
into the eipediencj of antboriung the
PraeidMit to eo^loy an additiOBa] nanber

a bill aothoriiing tha ompicTMaBt of twehe
•dditionaJ, praaantad, read twiea, and
conunitted to the Uaauniltae oftbe Whale SI)

■ anwndatorjr bill NfoHad, tMd ewioa, and

ordared to the third reading ...
read the third time, and paHcd ...
ntemed with amendmeDie ...
ameodmButi read, and ordered (o lie an Ae

table

the Uooae rafiiaa to concur

tha law 1

■enaal and Unfiniihed BnaiiMBa, eouinittaa of,

^punted .......

forolBtionar; Officer*, memorial* of anndry, n- ■

tiding in Ohio and Paonaylrania, and

Rhea, Mr., of TaDnaMao, aMsh af, ob tto ai
of Great Britain and France -

Richarda, Jacob, «t FannnlTaaia, u>paai<ad, and

toakhiaaeal

Boad* Bnd<^anal*, to macfa of the PnMm&m

a to tha iBipro*emanl at.

Rowan, John, of KeBtniky, appaarad, tmi took

!"■»•« 1030

reiBaihi of, an Mr. Baoon'a r«aalBtioa nlat.

ing to the PraiidaiMliJ eltMioa - . 13TS
on tha MaoMBhoaetta mantoiial - . . itum
OB tha bill rajiplelDMitnr to the Mt MtabHak-

tng tha oonrt* af (ho United Blida* - 1884
onOonand Wittanaon'svoDMnla ■■ 1573, 1574
Hriea, Mr. Dana iubmilled a now rala to' be

added U the BtandiBg . - . - 14M

agraad lo 143»

Boatia, jnttact Iroin a conveMimi betwam Hb

. 1668

Salt, Mr. Liiemoie aabmitted a naolntion Ibal
tha Committee an Comnerce and HaBB'
(actnrea be inKtraoied to inquire into Ih*
eipadiencj of permitting certain Ttaaela
to depart, far the porpaaa of imparting M4

agreed lo 808

on motion of Mr. Burwell, a committee wa*
appointed to inqoire into the czlcnt of
the domettic manufacture al, Ike. - - MIfi
a bill preiented autboriiing the importalioo of 1 070
a letter from die Becretary of the T^aaanry
00 the importation of . - . ■ 1070

Sapclo, the Committee of Commerce and Mann-
factara wen directed lo ipqnira whether
any amendmant ii neceaaary to tha act
(or erecting a light-honae on tha idand of HI

Saondera, Robert W., a letter from, to Thomaa
Dobbin, of Baltimore, endoaing the me-
morial of tiie Carthagena priaanar* . in

Bawyer, Mr.,romarbiaf,inlroduelDg a reatrfniion

relating to tiie Wnt India trade - . 4gT
ipeech of, on the Senale'a amendmenta to
the bill increaaing the N*vy . 1038, 10S7

8aj, Benjamin, (a new member from Pennaytra- .1

nia,) wo* qualified and took hii aeat - 488

Bayre, Sivphen, the petition of, praying fbiAei
BtMation fbr ■arricca Tendered in tbo
of Bntejie, w«a refected - - 474

Schweighanaer, Beniot, a bill fer rriiof of, -was

read twice, and committed - - - 1S87

Aeamen, the committee on wo modi of the Hea-
aage ea ralatea to Mihtary and Natal
a&ira, ware inatnicted to inqnire into the
expediCBcy of antiioiiiiog (heemptayBietit
of an additional nnmber of . - - 4M
bill far the beneBl of the United StatM,
waa read twice, and committed - - 14SI
Journal, a motion to pnblial) the, waa o

. ION

.yGoogIc

ilv

Onue PncaeUng* tatd DOalm.

Select ConimilUe*, •ppnnUBMX of ttu. on tha

Pr«mJent's MMMge - - • - 483
Seny, Augiutin, a bill for tin nlief <rf', twuI

twice, uid cmnmitted - . - . BM

ordered to » third ratding • - - . B3B

Tcad tbs Ihitd lime, ■nil puaad ■ - - MO

returned ftom tlie Senate nilh anModmenti S3S

Shaw, Samael, of Virginia, a new member, waa

qoalified and took bii wat . - ■ 471
Ships of War, a bill &Dm the Senate to pronde

for equippiBg, &c^ for immediate aerriea 864
read twice, and committed ... g9G

ieporl«d and amended .... 005

ordered ta a Uiird reading, ae amended - 1188
read iba tbird time, and paaaed aa ameDdad 1191
8lH>t Manafactarera, (be memorial of the Phila-
delpbia, wa* refiuTed to the Compittea nS
Commerce and Manufacture* - - 4SB

Sittking Fund, tbe report of the CoemuMiOHn

of tbe, laid on tlie table - - . I3fil

the report of said Commiarionera in exitnto 1T6T
BlOMlr Mr., remarka of, on tbe belligerent edida 641
■peech of, on tbe aune aatqect - - - G7
OS Senate bill to enforce the embarfo ttlS, 1001
remark* of, on the bill to ptoiiibit t£a me of
foreign licenvea ..... 043

on the Senate'* amendmenta to the bill in-

creaaiog tbe Navy . IMfl, 1061

on the bill lo proTida for an extn aeeaion - 1104
on Mr. I^JichoIaa'a reeolution - - • 1S31
on the Don-intercowH biU - IBIS, 1S41

on tbe bill to prohibit the exportation of

arm*, Ac. ...... tMS

Smelt, Deonii, from Georgia, appeared and took

bUaeat

Smilie, Mr., lemartE* o( on the daj foi ctmadar-

iag the embu^ recolntioni . ...

remarks of, nn the ediela.nf Great Britain

and France SG4, 6T4

on hi*, reeolution to provide for an txtt*

•Muen of CoDgrsa* .... 1036
on the amendmcDt* of the Senate to the

bill for increaang the NaTj ... I03S
on the bill for relief of diitieaaed aeamen . 10T3
on tbe eitra ■e«ioa bill . . . . 1099

on the order for counting tbe Electoral volea 1434
on the non-intercourae bill ... ISOI

on appiopriatioDa fbr the Army and Navy • U(61
Sontbard, Mr., remarksof, on tbe extra seaeioD bill 1027
apeoch of. on Mr. Nichiria*'i rnolation - 1305
SpMii, extract from a treatj between bis Britan-
nic Majeaty and the King of - - - 1686
decreea of, affecting neatrtl commerce I7B6, 1758
Standing- Commitlaet, appointment of the
Stanford, Mr., remark* of, on tbe bill granting
land to tb* Cheiapcake and Delaware

Canal Company

State Act*, dec, ■ committee wa* appointed to
inqaire what farther pmriaion ought to
be made by law in relation to . -

a bill on the aubject, presented, read twice,
and oommitted .....
8late Law*, Mr. Love aubmitted a rMolution that
the ceieral, aball be regarded aa the nilea
of procreding on pudgmenta, Ac^ in tbe
United 8tat*<i wbieb was agrMd to
■ bill to that aflect read twice, and committed 1484
Btedmaa, Mr., retnarkA of, on tbe bill G>r th« re-
lief of diitreaeedacaaen ... 1076

Story, Joeeph, ■ Mm n

number Aoia Maiaadit^
■ettc, wu qualified and took hia aeat - 888

remarks of, on the bill to prohibit the use of
foreign licaniea ..... S41

inlroduntory of a reaoliition tDinaeaaethe
Naval E*tabii*bment . . 076, 977

on tbe bill to ^vids foe an extra *ea*ion . 1018

OJi tbfl Senate * amandment to the bill lo ii^
eieaaa the NaT*l GataUisbment . . 1031

on thebiUfbr re£ef ofHunea - . • lOTft

apeeok of, on the motion to piitit certain
paper* ...... loOO

Stont, John S>, a bill ler relief of, read twice, and

committed 1861

Strother, John, and other*, a bill reported tor re-
lief of, read twice, aitd contnttted - . 989
Staige*, Mr., remerk* ol^ on the Seiuita Inll lo

enfoioe the embargo ... goft, MB
leech of, on the »me lubject ... 997
Bnflrafe, a committee wa* awoiated to inqnir*
into the expediency of exteadtngttn right
of; in Indian* Territory ... 85A

Bundry reeolution* aad proceeding* of said
Torrilory were referred to the laniB - 8S6

aaid eommiUae reported a bill to extend the
right of, acoeriliugly, whioh waa twice
read, and comnutted .... BQO

reported with an amendnMnt, and ordered
to a third reading a* amended . - 1488

latd Uie third tioM, and paaaed aa amended 14S4

the act apsroTed 1831

Buppleinental Joiuoal, (wcret proceeding*) - 1G04

on motion of Mr. Randolph, tbe injundioil
of eecrecy waa removed from tbe . . 160D
Biuqiudianna Bridge Company, a numorial of
tbe Maryland Commiaaionera of the, pray-
ing aid to conitruct said bridge, preaanCed 1375

and referred to a letect CDmmitteo - - 1410
SuaquebaaDa and I'ioga Turnpike Company,
tbe petition of tbe Preaidant and Hana.
gers of Ibe, praying a aubacriptien to their
atock, w*a referred to the Committee of
the Whole 117*

the Committee of the Wboladiachargcd, aad
petition refened to a leteet committee - 1183

Tablea of Duties of CnMon*, accompanying ai
act «f the BritidL Parliament -

*peech 0^ oa the *eeond raetdation of the
Committee of Foreign Relations - - 80K
Tallmadge, Mr., apseoh o^ on tbe Sonata bill to

enfbrce the embargo .... 981

roDaika <4 on the bill to im»idfl Jbr aa ex-
tra leiaion - ; 10S7

OB the Seoata'a ameadmenta la Ihe hill fiv
increasing the Navy .... 1044

on the bill Ar relief of dMtreeaed aeaneci • lon

on the bill to raise tolontaen - - , - IISB

oa hi* motion to poatpoine indefinitely the
biU for an additionat military (bfca • 11B3

on Mr. Nii^elas'* resolution . - . 13M
TappahaBMek, a reuilDliM waa adopted bar
striicttng the Committee of CommarcB
and Manubctuiea to ioqnire into the ex*
~ '' ' remoTing the Collector'a offica

' ■ • ... lOU

&cn,t

.yGoogIc

xlvii

INDEX.

AwM Procetdingf tmd Oebatet.

^tpfthmoek. — eon tinned. Page.

k bill tc (hat efiect, and for other paipaaw,
wu raid tvice, and committed - • 14B2
Taylor, Mr., ■peecfa of, on the edicts of Oreal

Britain and France .... 549

remaiki of, on the bUl to prohibit foreign
liceiuea ...... MS

on tbe eitre aaaHan bUl - - - . 1030
■peeeh of^ on tbe Senate'i ameodinente U

the bill increaMins the liatj - 1DS8, lOM

on the motiim to phut certain papert - 1068

ramaik« of, on poatpouing the bill for an ad-
ditional military force .... ISOS

on the motion to refer the bill concerning

non-bterooane - - . - - 14S7
on tbemeritaofiaidbili - - - 1440, 1M3
on the motion to reject the Senate bill oon-
cemiog the departmenta ... 1566
Tellen, appointmEnt of, to conut the dectoral

Totei ....... UIO

TenuCMee, a report from the Secretary of the
Tteaaoiy, in obedience to the Ian pro-
viding for the sale of public land* lODth
of^ referred to the Committee on Public

Land* 981

Territorial Court*, a bill to extend jnriadiclian in
certain eeaea to the, wae preeented, read
twice, and committed .... 108S
Territorial GoTcmora, a committee waa appointed
(o inqaire into the eipeiliencr of ropealing
•0 much of any lawi a> anthoriie, to pro-
rogoe and dinolTe the General Aaaembly 487
a bill to that eflect presented, and read twice 408
indefinitely poctponed .... ^09
nionas, Jeeie B^ a delegate from Indiana Ter-
ritory, the Speaker laid befiire the Honee
a certificate of the election of, in place of

Benjamin Parke 601

wej qualified, and took hisaeat - . . 611
Thomas, Ship, a bill to aothorize the Collector
^ Baltimore to relator anew the, was
read twice, and committed to the Com-
mittee of the Whole . - . -IMS
Tombigbee Rirer, ■ petition of the inhabitants on
the, praying the right of preemption, was
referred to the Committee on Pnblic

Lands - 1410

Tonnage, anniut atBUmsnt of the district, from

the Treasury Department ... OiS
Trading-houKi, the Committee of Cammercs
and Hannbctnrea iters instnicted (o ia-
quiie into the eipediency of eontinning
in force the act to establish, with the In.
dian tTibn 041

• loll to that eSiict was presented, read twice,

and committed ..... 1448
reported with amendments, and ordered to

a third reading ..... Ifi46
read a third time, and passed as amended • IM6
the act approved . - - - • 1846
Treasury, annual report ^ the Beeretary of the,

ordered to be printed .... 863
a letter from the same, with the estimates

for 1800, referred to the Committee of

Ways and Means .... 909

a latter from the aame, on the subject of die.

tressed seamen 976

• letter ftom the same, with a statement
prepared in obedienoe to die act to regit-

lats and fix the compeniation of <4e^ • 1307

Trearary, War, and Hsiy Di(l_.

Iiom Ibe Senate farilia u mK .

fcr the wtebfahnni gf

three times, and penJ

tbe act approred

IVonp, Mr., reniarks o( 01 Iht Iq h ■.

ing' tbe emberga nsohlBi -

on tfas bill to dejMiiek G)me>.

torie* of the right to pmpc '

speech of, on the msi j^m ■

■peecfa of, (HI the (diatof GtoiE:;

remark o^ on tbe Ibrdgs Bne L
remarkaof; on tbeetbiaBc^:

papers ....
on Mr. Nidxint leNhitM
speech D^ on the itsolstiN

romarka of^ on the dmhiib

on the Maaaadiosrtli B(W
Tnm^ke, the WaAiagtsa td Uic-
petition fiom dw Coa[ti].prT
Tinon of the lawoflklWB?
lation thereto, lefand ulr'.^
on the District of Calamka -

a IhU reported ■■~~»-i~jrf*-"
twice, and cumanuid - -

a bill from the Seaate uAn '
Maaon'a Canseway to ilss:'
read twice, and ceaumtui -

a petition against thepMir»
bill, referred 10 tbe naeMu

the bill from the SmUmtrr-'-
oat amendment, and r^n!:' -'
mittee ofihe Whole -

said committee diasolttd i>«"*

the House lake it i]p,ud ■*(•'

reading - : ". '

read a third time, aod ftm ■
the Mt Bj^roTed

V.
United Brelhr«B, for prop^mi*'*
letter from the aodrtj*"'^
' their worksaiadBetf*"*
Ujdiam, Mr., remark* <<Mlktl<i>"^j
revenoe cutteia - ■ '
on the first reeohitiiMi of ^"^

Foreign Kelatioiu -
•peeeh of, on the tiMi r**""

remarks at, on the Stult'; <*

on Mr. Nicholwa'
Urqnejo, M. Lais de,8»crtBJi
letter £ "''

jjioiaa*"*

\r»n Cortlandt, Philip, of Nf 'f^^- I
and took his seat - ' \,f

Van Dyke, Nicholas of Mnm<. V"

took bis eaal - '^-

speech of, on th« latW*" *"

.yGoogIc

xliz

Anm Procteduigtand Debatt*.

Vermont, & oommittea was ippoinled to inqaire
into the ezpedieiK^ of alterios the tune*
mnd placea of holi^Dg the United Btatse
eoDtU in the diatrict of •

e bill to altar, a* aforeiud, le&d twice, and
committed •.-■--
Vice Admirait; Cooit of Ceylon, copy of inatmc-
tioni of Lord Pelham to Iha commandera
of Hia Britannic Majeaty'a ahipa of war,
Ac, made to the . ■ ■ ■ -
TiDard, Andrew J., a bill from the Senate to
eompenaata, for an inTcntion, waa read
twice, and committed

read the third time, and paaaed -
Volnntserl, a leaolntion to raiae fifty
(ubmitted and debated -

the rMolntioD agreed to, and a bill ordered
to be brought in - ■ - ■ .

a bill preeented, read twice, and committed

ordered to a third leading -

Waring, Manham, and others, the petition o^ re-
ferred to the Committee on the Diatrict of

Columbia 1030

Waahington, the memorial of proprieton pray-
ing anthority to aubdiTide ^ei( aqaarea
and lots in the City of, prscenled last M*-
■ian, waa referred to the Committee on
the Diatrict of Columbia; bill preaented,
read twice, and committed to a Commit-
tee of the Whole 939

ordered to tbe third reading - - - 898
read the third time, and paued - - 901

diel&n 1609

petition of the citizena of, preaented at list
aeanon, relating to ■ canal, waa referred
to the Committee on the DUtcict of Co-

Inmbta 4S8

stall reported, twice road, and committed - 63!
die petition of the Bridge Company, prajing
a reiiaion and amendment of die law for
erecdng a bridge over the Potomac, re-
ferred to the Committee on the Diatrict of

Columbia 788

a repreaentaliou from a committee of the
Lefy Court of, eonnlj, prajrtog that cer-
tain powera may be Teatad in aaid court,
reKnred to the Committee on Ae Diatriet

of Colombia S9fl

■ bill preaented to that efieet, read twice,

and committed 979

a petition of the veatr; of the Proteatant
Epiacopal Church in the uty a( praying
antbority to raiae by letter; a aum of mo<
ney fbr the purpoae of finiahing Mid
chitrch, referred to the Committee on the
Diatriet of Columbia . - - - 867
•hill to that eflect reed twice, committed • 908
a petition of sundry inhabitants of, praying
the repeal of a certain law, referred to
the Committee on the Diatrict of Colom-
bia I09B

a bill lelatibg to executioiia for small debta

in t)M City of, read twice, and committed 1167
a toll frma the Senate to ineorporala the

Canal Company - - - - . 1430
Mad the third time, and pkaaed - - - U9t,
the act 181 1

P.gfc
Ways and Meana, standing committee of, ap-
pointed *7S

West Indies, a reaolntian waa sabmitted that it
ia expedient to open a trade generally with

the 487

referred to the committee on the several em-
bargo reaolotioiii ■ - - • - 48$
White, William, and othera, bill lor relief of,

paaaed 903

Whitteinore, Amoa and William, a UU to extend
a patent right to, read twice, and ordered
to a third reading - - . ■ - 193S
Wilkinson, General James, Mr. Randolph intro-
duced a resolution of inqniiy into ad-
vance of paymenia to, which waa agreed
to, and a committee appointed thereon - 1331
report of said committso ordered to be

printed 1603

laid on the taUa 1G7S

another resolution on the aame aabjact neg-

aUved 1679

Williama, D. R.,of Soudi Carolina, remarka of,
on ofoing an amendment to Mr. Elliot'a
restdntion calling far coptea of the inatruc-
tions in relstion to the execution of the
emhaiKo laws ..... 479
on die bill to provide for additional revenue

euttera 637

on the resolution respecting our foreign re-

lationa 789

remsrka on die petition from Marblehead,
axpreasive of Ilia satiafoction that their
fish had not been all spoiled b; the em-
bargo 901

on the bill aathariiitig an additioual number

of naval officers, seamen, &c. - - 007
on the proposed increase of the Naval Es-

tabliahmenl 977, 978

on the Senate bill to enforce the embargo 989, 969

on an extra session - 1037,1097,1100,1147

on the Senate amendments to the bill for in-

creaaiog the Naval Establishment 1036, 1048,

1098, 1186,'1187

on the bill for the relief of distressed seamen 1074,

1876

on the bill for raiwng an additional military

force 1168

apeech of, on Mr. Nicholsa'a resolution IS36, 1368
apeech of; on the noD-iatercourse bill 14:19, 1447,
1460, 1910, 1612, 1614, 19SS
WUliama, Marmaduke, of North Carolina, ap-
peared, and took hia seat . - - 1461
Wilson, Nathan, a new member from New York,

appeared, and took hia seat - - . 4T0
Winn, Richard, of Sooth Carolina, appeared, and

took hU aeat 618

on the indefinite postponement of the bOI to
deprive the Territorial Oovemon of the
power of proroguing their Legiilatore* -

on a motion to amend the first resolodon re-
A by the Committee on Foreign Be-

(iDTted b,

»u an appeal from the Speaker's dedaion - 638

.yGoogIc

Btnrne Pnxxtdmgi and Debate:

T«u uid Ntjt — cootitiued. Page,

on the puNg* or the bill tDthoiUins kddi-

■oa Iha Snt daoM at the firat Teealutioii
reportail b; th* ComniittM on FoMign

Rclatioiii BBS

on the eecond member of aaid res«lulion - 6M
OD the enliie re*olution - ■ - -. MA
on the quBittoii of sdjotmung &om FrUiy

to Mondif BttS

OB (nather quoetiaQ of adjoammcnt • - 868
on die motion to eend fui absent meaiben,
no qnornn being preteot ... 884
■ «B > motion to adjourn ... 886, S8S
on an appeal from the Bpeaker't de diion B8S, 690
on diTiding the firat member of the lecond
reeolution, reported bj the Committee on
Foraiga Retatione ... - gSl, 662
on agreeing to tha ascond member of aaid
resolation . - . -
. on ths (cDond reaolnlbn aa amended

on the Toaolution reported bj the commit-
tee on tha petition nf carliii) pilaonen en
a Miranda'a expedition

I la wnead Mr. Chittenden'
Teaolution to repeal the embargo
«n Darning aday fitr conBUerlng the Senate
bill to enforce the embargo -

» the amendment to

gaged it

tional nmnbeT of naTal offieen, seamen,
Ac - - -

the aaid bill

impra*«Dti

A. J. TH-

OU the Seni

lard tar h

mounting

on a motion to amend the title of aaid bill
on the pauage of the reeolution to raise vo

on Mr. Pitkin's amendment to the Senate

bill to enforce the embargo ~
on Mr. Sturges'a motion to amend the same

on an appeal Irom the Speaker'a dedsion

on a motion to adjourn

on an amendment to the bill for anforciug
the embargo ■ - - - .

on the third reading of the aaid bill '

on fixing a day for said third reading

on the final paiseige of said lull -

on a motion to lay on the table the amend-
ment of the Senate to the bill (br increas-
ing the Tfaral Eatabliabment -

on atriking out the word "gunboats" from
the Senate amendment to the said bill -

on agreeing to the amendment of the Seo-

OB tha final passage of said bill -

on concurring nith the Committes of tlte
Whole in their Uiaagreement to the fiiM
amendment of the Senate to the bill au-
increaaa of the Natal Es-

las and Nays — oontinued. Page.

on their agreement l« the tkitd amend-
ment ....... 1076

on Iha final passage of the bill to diride In-
diana Territory lOSt

on inaeling on tho disBgraemeot to the
amendment of the Senate to the hill fitr
inooaatng the Naral BatablishlDent - lOBB

on the final pa«aage ot the faill to altar As
time bi Iha neat meetiBg of Congieas - 1166

on the third reading of the bill to raise ml-
unteere -•.--- - 1 IM

on a motion fixing a day for the third r«ad-
ing of the asid bill . .... ii69

on conndering Mr. Qoiney's resolution relat-
ing to the ooHeclorahip of Boston '

iiax

on an amendment to the bill to in

naial foroo -..-.- 1187

on the final paaaage of the bill from the Sen-
ate to provide lor arming, manning, ftc,
theahipBofirar, &e. - - -1191

on the indefinite postponement of Mr. Nich-
olas's rseolution ..... 133%

on s molioD to discharge the committee on
the resolutions of Messrs. Nicholas, Ba-
con, and DnreU 1427

on the natian to refer said resolutions to the
committee on Uie non-intercourse bin - 14S8

on the bill for the relief of Daniel Cotton - 1433

on the third reading of the bill for imposing
additional duties 144X

on the final paaasge of the non-inleitoniae
bUI 1448

on postponing said bill - - . 1493, 1600

oh Mr. Randolph's motion to strike onl the
13th section of aaid biU - - . • IfiOS

on an smendment to the invalid panaionen'
bill 1606

1617
1518
1619

1631

n Mr. Macon's motion to amend tha aame
n Mr. Gholson's amendment to the same -
n the amount of appropriatiomi liir fartifi-

to the Amy

on Hr. Blovnt's

•nd Ntj bill ....'- 16»
OB postponing the lall • • I6S6

on Mr. J. O. Jackson's smendaioat - - 1S37
OD the motion to lay die bill on the t«bU - 1617
on a motion to adjourn - . . . 1S38
OK Mr. D. R. Willianu'a motion to amMid

the iMt mentioned bill - . - - 1539
on soother motion to adjotun ... 1639
on the modided amendment of Hr. J. Q.

JaokscMi 1530

on Mr. Blount's amendmant ... 1631
OB aaoacT motion of Mr. Jseksom to amend

tha bill 1533

on a motion of Mr. Eppee to amend ths Inll 1M3
OB a motion of Mr. Bibb to amaad the UU 1634
on ■ diiision of said motion - - - ItSS
on the &ut passage of the Ull - • 1541

on a notion to adjonm .... tS4S
Mk conenrring in the amendmaat la tha iii-

Talid pensionera' bill - - - . 1544
on the finsl pmaage oT (ke bill to proiida

for the aecommodatian of the PrendeU - 1M4

.yGoogIc

DTOBX.

Ajipatdix—PtiHilic AcU.

liT

Teu and Naji — coiitiDned. Pago,

on the Snnl punge of thi 8Mia[« bill for

eomplMing the two ningi of the Capitol lUT
on amanding the bill supplementaTj to the

act aatsbliahing the CouTti of t)ie United

Btalei 1548

on a motioii to recommit the bill from the

Senate to aDthoriie a turnpike from Ma-

■on'i CaoiewB; lo Aleiandria - - 1560
on a motion to amend the bill - • • 1660
<m an amendment to the Armj and Ns*y

appropriation bill - - - - - 1653
on the final pawage of the KU concemins

foreign UcenMi 166S

Teai and Na;a — eontinned. Page,

□n receding &om the diaa^eement to the

amendment of the Senate to the Arm;

and NaTj appropnation bill ■ ■ ■ 1661
on the final paatage of the bill for the aug-

tnentation of the Marine Corpa - • 16S3
on the mo^on to remore the injunction of

■ecrecj liom certain proceedinga - 1696, 1697
on a motion to publiah the Secret Joomal - 1598
15B0
on a motian to renore the injunction of ee-

crec J from the eorreapondence of odt Min-

iatera at Peril and London • • . ISOO

PUBLIC ACTS.

Page.

a Act to anthwiM litB traniportBtion of a cer-
tain Meaaage of the PreiidBnl of the Uniled
Statea, and docnmenta aceompanjing the
nine 1797

a Act anthorizing the Preeidmt of the United
State! to employ an additiaaal nomber of
revenoe cntten ..... 1797

D Act aQthoriiing the ptjment of certain peu-
idona by the Seeretarj of War at the wat of
GoremmeDl ...--, 1797

a Act to eaforce and make more eOeclaal an
act, entitled " An act laying an embargo on
all ahipi and Teaieli in the porta and haibot*
of the United Stalci," and the leTeral acta
anpplementary thereto .... 176B

n Act to rerin and continue in force, for a ftir-
tfaer time, the fint Hction of the act, enti-
tled ''An act farther to protect the commerce
and aeamen of the United StAtei againat
the Barfaaty Powere" .... 18OI

a Act authoriiing the prcntrieton of aquaiea
and lota, in the City of Waihingtoo, to haTe
the lame lubdirided and admitted to record 1806

n Act inpplemental to an act, entitled "An act
for extending the terma of credit on revenae
bonds, in certain eaaea, and for other pnr-

n Act to alter the time for the next meeting of
Congrea* ..-•... I8O8

n Act BQthotiiing the employment of an addi.
tional naral force ..... )goB

n Act for dividing the Indiana Territory into
two leparvte goTemmenta ... ISOB

ji Act inp^ementaiy to the act, entitled "An
act to amend the act, entitled 'An act Mtab-
liahing Circoit Conrti, and abridging the'
jnriadiction of th« Diitricl Conrt* of the dii-
tricta of Kentncky, Tenneiaee, and Ohio" 1810

n Act making appropiiationi to complete Ibe
foiljfleationa commenced ibi the aecurity of
the aeaport towni and harbon of the United
States, and to defray the eipenae of deepen*
ing, ud eitending to the river Hiaiiaippi,
the canal of Garondelat - - - -1811

n Act to nvira and continna, for a further time,

thaanlhority ofCommiaaionenofKaikaakia 18II

jt Act to incorporate a company for opening
the canal in the Oity of WMhingtmi • • ISll

Page.

An Act making appropriationa for the anpport
of Qo*Emment daring the year one thou-
■and eight hundred and nine ... 1816

An Act eitending the right of niSrage in the In-
diana Territory, and for other purpose* - IBSl

An Act freeing from poetage all letlera and pack-
eta to ThomM Jefienon .... 1833

An Act for the diipoeal of certain tracts of land
in the Miarianppi Tenitory, claimed undet
Spaniah granti, reported by the Land Com-
mintonen ai antedated, and to confiirn the
elaima of Abraham Ellia and Daniel Haire-
gal 'IB33

An Act for the relief of certain Alabama and

Wyandot Indiana 1834

An Act to interdict commercial inteiconrae be-
tween the United State* and Great Britain
and France, and their dependeneiea, aod for
other pnrpoua --.... 1834

An Act making praviiion for the further accom-
modation of the hoiuehotd of the Preudent
of the United State* 1830

An Act to extend the time for making payment

for the public land* of the United Stale* - 1831

An Act fuiuer to amend the Judicial Byatem of

the United Statea 1SS3

An Act Anther to amend the aever^ acta for the
est^liihment and regnlation of the Treaa-
niy, War, and Navy Departmenti - - 1833 '

An Act making a flirther appropriation towardt
completing the two ving* of the Capitol, at
the City of Waahington, and for other plu^
poeea 1886

An .\ct mpplementary to the act, entitled "An

act to amend the charter of Georgetown" - 1836

An Act to anthortie the making of a turnpike

road tram Maaon'i Cauaeway to Alexandria 1837

An Act authorizing an augmentation of the Ma-
rine Corp. 1844

An .ict ■opplemental to the act, entitled "An
act for eatahliahing trading-honae* with the
Indian tribes" 1846

An Act making appropriation* for the support of
the Military Eatabliabment, and of the Navy
of the United State*, for the year one thou-
eand eight hundred and nine ... 1846

An Act concerning InraHd Pentionen - ■ 1847

JUL 2 "! Ma

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